Friendship workplace, campus PUA phenomenon emerges endlessly, expert analysis
What legal issues are involved behind PUA
□ Our reporter Han Dandong
□ Wang Qi, an intern of our newspaper
In May 2020, after learning that his relationship with his girlfriend Qiu Moumou had been intervened by a "third party", a 26-year-old man from Raoping County, Guangdong Province, Yang Mo burned charcoal and committed suicide.
According to family members, Yang often spent money for each other during his relationship with Qiu.
For a long time, I transferred 666 yuan to Qiu Moumou every day. I spent 8,000 yuan on tickets for celebrity concerts and various luxury goods, almost responsive to Qiu Moumou's requirements.
The family members believed that Qiu was suspected of mental control and money fraud in the process of interacting with Yang, and at the same time believed that Yang had been PUA.
On February 2, 2021, the police believed that in the case of Qiu XX suspected of fraud, there were criminal facts that needed to be investigated for criminal responsibility and belonged to the jurisdiction, and the case was registered as a criminal case for investigation.
PUA, the original meaning of "touch-up artist", generally refers to the use of a certain dominant position, through mental control, to manipulate others to satisfy their own desires.
Later, the application field expanded to workplace PUA, academic PUA, etc.
Its essence is to use speech skills and psychological skills to control others and gain benefits in interpersonal relationships.
PUA can make people doubt self, lose self, and lack the ability of independent judgment.
Some experts said that the legal issues involved in PUA should be analyzed in detail. It may violate the provisions of the Civil Code and the Public Security Administration Punishment Law, infringe on the right of reputation and privacy, and may seriously constitute insults, defamation, fraud, and rape. , Illegal detention, and intentional homicide.
Workplace PUA may also violate labor law and labor contract law and infringe on the legitimate rights and interests of workers, while academic PUA may infringe copyright.
Mind control of the romantic partner
Forcing the other party to keep giving
Cases similar to Yang being PUA in love happen occasionally.
On December 12, 2019, an article titled "Chilling Love: Chat Records of Suicide Girls at Peking University" caused widespread discussion of emotional PUA.
According to reports, on October 9, 2019, Bao Li, a female student from Peking University Law School, committed suicide in a hotel in Beijing and was declared "brain dead" while she was sent to the hospital for treatment.
Relevant chat records show that before Bao Li committed suicide, her boyfriend Mou Han had asked Bao Li a series of requirements such as taking nude photos, getting pregnant and then miscarrying, leaving medical records, and performing sterilization.
Bao Li's mother believed that Mou's torture was the main reason for Bao Li's suicide.
In this regard, Wang Yanhui, a lawyer at Shanghai Hengyanda Law Firm, believes that the use of PUA in making friends may involve criminal offences. For example, the crime of fraud stipulated in my country's criminal law is for the purpose of illegal possession, using fictitious facts or concealing the truth to defraud. The behavior of a large amount of public and private property. In the case, a woman establishes a romantic relationship with a man, and imposes a PUA on one party on the grounds of love, and fraudulently obtains money is a typical fraud.
Wang Yanhui said that in addition, according to Article 109 of the Civil Code, the personal freedom and personal dignity of natural persons are protected by law.
Article 110 stipulates that natural persons have rights to life, body, health, name, portrait, reputation, honor, privacy, and marriage autonomy.
Legal persons and unincorporated organizations have the right to name, reputation and honor.
Article 990 stipulates that personality rights are rights to life, body, health, name, name, portrait, reputation, honor, privacy, etc. enjoyed by civil subjects.
In addition to the personality rights specified in the preceding paragraph, natural persons enjoy other personality rights arising from personal freedom and personal dignity.
Article 191 stipulates that the personality rights of civil subjects are protected by law, and no organization or individual may infringe upon it.
"Accordingly, in the case of emotional PUA, it may be suspected of infringing on the victim's right of reputation and privacy, and further may constitute insults, defamation, fraud, and intentional homicide." Wang Yanhui said.
Workplace leaders deliberately belittle
Randomly promised empty picture pie
There are also PUA routines in the workplace, but most of them appear in the relationship between superiors and subordinates, such as leaders to subordinates, seniors to newcomers, etc.
In terms of manifestation, workplace PUA can either be unwarranted suppression, by demeaning and denying subordinates to gradually lose self-confidence, in order to control employees; it can also be an empty picture, using scolding, occasional praise and promises, etc., to make employees lose themselves. Only the leader is obedience.
The extended performance also includes assigning tasks beyond the scope of work or normal load, occupying employees' rest and vacation time, and even developing into sexual harassment.
"I can't finish working, and working overtime is not good enough. Work efficiency is so low. Working overtime every day wastes electricity. Are you embarrassed to raise your salary with me?"
This is the reply that Xiao Li received after proposing a salary increase to the leader. However, the actual situation is that he has done his best to complete his job, but he often has to work overtime to do other things for the leader.
"What's the use for you, this can't be done well."
"What you do has no value at all. How could I recruit you in the first place."
"The client complained to me that you were too stupid and asked me to replace you."
"You are still young, don't think so much."
...
These are words that Xiao Li often hears.
In this regard, Zheng Ning, director of the Law Department of the School of Cultural Industry Management of Communication University of China, said that the party performing the manipulation needs to play an absolutely correct role and cannot tolerate the slightest doubt and denial of others. The desire for control is extremely strong and the other party must be allowed to agree with him. View.
On the contrary, the person being manipulated desperately desires the approval of the manipulator, often questioning himself, attribute the cause of the problem to himself, and gradually lose his self-awareness.
In Wang Yanhui's view, the legal issues involved in workplace PUA are mainly violations of my country's labor law, including issues such as severely exceeding the maximum working hours specified in the labor law and non-payment of overtime pay.
School mentor spirit squeeze
Stealing the research results of students
Not long ago, a report letter caused heated discussion on the Internet.
A PhD student Liu Moumou from the Department of Civil Engineering, School of Engineering, Monash University, Australia, reported his tutor in real name with a report letter of more than 1,000 pages. Yang, who is currently a professor at the Highway School of Chang'an University, violated academic ethics and defrauded the country. "Qingqian" and other titles and scientific research funds, as well as the implementation of spiritual PUA and squeeze.
Liu Moumou stated that Yang never gave him any guidance during his Ph.D. study for more than two years, but fortunately he was more savvy, able to endure hardships, and willing to study. He contacted foreign scholars alone for advice and study, and then wrote alone. The papers were published in top journals in the SCI industry.
However, Yang asked him to give him the corresponding author and second author, add Yang’s wife to the co-authors, add Yang’s colleagues to the corresponding authors, and change the thesis research fund to the country that Yang obtained at Chang’an University. Scientific research funds for the identification of results.
In addition to this one, Yang also forcibly occupied many of his papers.
In the more than two years since he enrolled in his Ph.D. program, he has 355 days of work for Yang in the office 365 days a year. He works more than 18 hours a day and is often busy until more than two in the morning.
Even during the 10 days when I went home during the Chinese New Year, I still need to continue working for Yang at home or on the train.
Liu Moumou said that under the influence of Yang, he suffered from severe depression and had been seeking psychological treatment.
The school replied: At present, the school has paid attention to Liu's report letter and is investigating and verifying this, and will deal with it according to the investigation situation in the follow-up.
In this regard, Wang Yanhui said that according to the provisions of the Copyright Law, the copyright belongs to the author, unless this law provides otherwise.
The natural person who creates the work is the author.
Article 14 of the law stipulates that for works created by two or more people, the copyright shall be shared by the co-authors.
Those who have not participated in the creation cannot become co-authors.
Wang Yanhui believes that if the tutor does occupy the student's paper, it is suspected of infringing on the student's copyright.
"In addition, from a legal perspective, if the instructor’s behavior is subjectively intentional to harm or kill, and objectively performs serious behaviors such as inducing, instigating, deceiving, instigating, and helping, it is sufficient to influence and manipulate the will of the self-harming suicide, and it is sufficient to predict the victim. Self-harm suicide can be identified as an indirect guilty of injuring or killing the victim, and may be suspected of intentional injury or intentional homicide, but it is generally difficult to identify in judicial practice.” Wang Yanhui added.
Increase publicity and supervision
Improve and improve the legal system
Regarding the serious consequences caused by PUA, Wang Yanhui suggested that it is necessary for government departments to strengthen regulations to prevent such phenomena from happening.
At the same time, individual citizens must always guard against being PUA, and learn to protect themselves when encountering PUA, and safeguard their own legal rights and interests.
Wang Yanhui also suggested that, on the one hand, the society can set up special public welfare organizations to arrange for professional psychological counseling experts to provide psychological counseling to victims, and use third-party agencies to help victims escape from mental oppression and return to normal life as soon as possible; on the other hand, the government It is necessary to strengthen publicity and supervision, so that more and more people understand that the PUA model is a seriously harmful behavior pattern. Relevant government departments should pay attention to relevant reports or police situations, increase law enforcement, and resolutely crack down on it. Related behaviors; in addition, the most important thing is to improve the corresponding legislation. At present, there are no specific regulations on PUA behaviors in the law. Therefore, the next step can be to consider adding more provisions to protect personality rights and spiritual interests in the corresponding laws, and improve the law System, so that law enforcers have laws to abide by, and all laws must be abided by.
In Zheng Ning's view, people should establish a correct outlook on life and values. In daily life, they should not be greedy for petty gains, remain independent and self-reliant, improve their own thoughts and experiences, and do not trust others. This can effectively prevent others from PUA.
When encountering a PUA, you should seek help from family or friends in time to get yourself out of the controlled state, and at the same time actively protect your legal rights through legal means, and promptly report to the public security organ for help in an emergency.
"Law is the basic bottom line of people's behavior. Once PUA behavior is illegal, it should be punished by law. All walks of life should establish the concept of equality, respect, and protection of human rights in professional ethics. In addition, education should be strengthened to help people identify PUA and prevent PUA." Zheng Ning said.