December 29th,14 PM,medicine Xin father v. a significant ( micro-blog ) infringement of reputation case trial in Xi Yanta District People .relationresultChinaYouth Daily ( micro-blog ) the reporter saw :early in the noon ,there will be from all over the country media reporter ,in the video :a significant by medicine Xin father sues out-of-court respondents emotional source: Sina hospital waiting .
The trial was originally scheduled to be held in a capacity of around 20 three layers ofcivil trial hall ,after many listener ,temporary adjustment in court six ,can accommodate about 200 people court .
relationresultAccording to the China Youth Dailyreporter observation ,site Gallery 2 /3is full.Spectators ,including the media ,the parties concerned friends ,as well as part of the case in the public .
Among them, some from the provincial and other city to attend public .relationresultThefather of medicine medicine Xin Qing Wei ( micro-blog ) to do so ,the lawyer orchid and and civil agents -- net hoarseness old man Ma Yanming to participate in the proceedings ;the defendant a significant and citizen agent ray ramming appear in court .
In addition ,a wonderful father ,husband of Zhang Pingxuan Wang Hui ,to appear as a witness .relationresultThe courtfocus around a striking on its network micro-blog on speech ,whether to constitute infringement of right of reputation .
The alleged infringing ,Zhang Xianting asserted that I am right .relationresultThe trial lasted for two hours,the trial ended ,the plaintiff to the mediation ,the court will chose a sentencing date .
relationresultDeliberate slander or ?relationresultOn the court,medicine Qingwei agent are presented ,since this year February ,medicine Xin case in families of victims of a significant agent ,through the various micro-blog ,blog ,spread for Qingwei and family series of utterances ,depicts the plaintiff bureaucracy ,r4 cardPatients were the hospital staff was renamed to death refused million yuan of compensation me,rich ,army worms social image ,which part of speech that declarative without investigation and verification, are purely fictional ,its behavior already constituted infringement of right of reputation .
relationresultThe plaintiff agent,a significant drop micro-blog of false statements ,the compensation for mental damages of $1 ,and in the people ,China Youth Daily and other 20 media,for 30 consecutive days appeared no less than 3000 words of apology .
relationresultIn response,a significant agent ray pound expresses on the court ,Zhang was already in micro-blog ,blog ,telephone ,to medicine Qingwei repeatedly apologizes ,but was not accepted .
As for the proposed 1yuan of compensationrequest ,not only the court ,a significant will take the initiative to pay .relationresultAsignificant issue ,reprinted micro-blog remarks ,deliberate slander or reasonable doubt ,become a focus of the trial .
relationresultThe plaintiffagent thinks ,Zhang was published ,reproduced on medicine Xin Jia two rich generation ,background special micro-blog remarks ,which belongs to the deliberate slander .
The defendant Zhang was repeatedly called to the plaintiff ,the situation cannot be verified ,all his astonishing Insider are based on reasonable doubt and netizens are misleading basis, but has sufficient evidence of the defendant Zhang ,appear in the mouth ,have full understanding of the plaintiff and his family .
relationresultThe plaintiff agentblue and lawyers, in April 2nd of this year and 6 days,Xi City Intermediate People court judges ,were interviewed Zhang significantly ,Wang Hui ,Wang Huizhi ,Gong Zi the father reasonable village Party Secretary Zhang Guangming ,to the relatives of the victim told clearly ,medicine Qingwei and family status .
relationresultThe defendant a significant time as the families of the victims of civil agents ,should know the judge informed .As evidence ,orchid and the site also submit a Xi City Intermediate People and a significant conversation transcripts .
relationresultTo this,Zhang was recognized this record their signatures, but said talk of unclear medicine the father identity ,only know that he was a military representative .relationresultAsignificant agent ray pound court put forward ,a significant micro-blog speech, in the right of freedom of speech ,the reasonable opinion within the scope of supervision .
One can discuss and explore the place, but the subjective fault .relationresultA significant speech is justice ,the subjective to reach Zhang Zhengyi ,the reproduced the micro-blog is also to social justice .
He said ,the reprint of micro-blog or their own written content basically true, does not contain significantly infringing content .relationresultAmicroscopic Bo comments whether tort ?relationresultOn the court,the defendant on whether tort ,each sticks to his argument .
relationresultDrugagents that Zhang Qingwei ,was released in micro-blog ,reprinted as medicine has four houses , medicine paternal moth and other words ,knowing that the victim is in real circumstances, subjective fault, and led to the plaintiff results occurred ,tort and damage results obvious causal relationship exists ,thus a significant reputation infringement is established for medicine father .
relationresultWhilea significant agent ray trace is presented ,a significant micro-blog speech does not constitute infringement of right of reputation . That an act of infringement of right of reputation ,have a strict legal requirements ,the standard of proof is relatively high .
He said ,if not up to the standard required by law ,even though these micro-blog that makes you unhappy ,or can not judge .relationresultRayramming thinks ,Zhang was not only subjective fault ,but also its micro-blog utterances ,containing no insult ,libel ,advocating privacy content .
relationresultPictureshows ,micro-blog ,his medicine Xin family background of some doubts ,fears of justice ,there is a complete process ,from suspected ,to prove ,to clarify ,are serious and responsible .
relationresultZhangwas claimed ,it was in micro-blog describes a herbicidal master it, said medicine home living every area ,generally in more than 200 square meters ,but expression is just a process .
I didn say for sure ,medicine house is 200 square meters .When the Qing Wei told me ,his house only 108 square meters ,I will delete micro-blog .Tribunal ,was told a correspondent of China Youth daily .
relationresultIna significant reproduced in the speech, was also alleged drug in Xi has four properties .relationresult medicine has four House is not proof of its authenticity ,but Zhang was quoted speech ,medicine Qingwei should not leave Kaiyuan author ,and sued directly reference person .
Tribunal of the interview, ray trace to the China Youth Daily reporter said ,a significant forwarding it ,just a kind of point of view, did not join their point of view ,do not represent his views .
relationresultAs for themedicine Qingwei reputation problem ,ray trace the court that, public opinion was indeed the medicine Qingwei somewhat puzzled, but this is medicine Qing Wei to the child after the murder, the families of the victims of the apathy caused by ,so that the community there are some of its identity and family backgrounds guess rumors ,not a significant behavior .
relationresultIn fact ,medicine Qingwei social evaluation did not reduce ,reputation no harm .Ray trace said in court ,as time goes by ,things gradually clear ,people began to celebrate the guardian to understand compassion ,medicine ,medicine Qingwei social evaluation is objective ,positive .
relationresultCall medicine father is out of sympathy, not admit relationresultZhangwas in court the emotional arguments in court ,he repeatedly referred to medicine :Qingwei lost his son was sad ,medicine Xin crime ,the court ultimately sentenced him to death ,I am very worried about them this hatred to me .
relationresultIn August 4, 2011,a significant drug Qingwei v. reputation infringement case .Since since August 20th, number of days, a show why delivery Qingwei continuous call 5 times on the phone?To this, Zhang was explained ,out of a harmonious society by love ,let me have the courage of the calls .
relationresultHesaid his court ,and drug Qingwei 5calls,each 1 hours,medicine Xin had committed the crime ,but his parents committed a crime ?I feel sorry for them .So ,you can on the phone said ,as long as I can ease your pain ,I show you kneel down can .
relationresultZhangwas said ,he on the phone, also hope for medicine Qingwei couple can go to visit a wonderful baby ,the medicine Xin will be a relief ,but also to the society to transfer signals of love ,based on this respect ,I calling .
relationresultOna show of these representations ,his agent ray trace summarized as :a sensible compromise ,as is the harmonious society .relationresultFormedicine Qingwei one party will be a significant and telephone recording to the court as evidence ,r4 adapter,ray trace thinks: according to the judicial interpretation of the Supreme Court ,r4i gold card,the parties in order to seek reconciliation and make some concessions ,in the future the judicial trial, may not be used as evidence against them using .
relationresultMedicinefather lawyer worries about the factor into the maximum interference , relationresultThe trial ended,Zhang was out of the court ,to the media said in a loud voice :finally relaxed !Zhang was known ,his attention to this case does not at first ,then feel more and more importance should be attached to .
The suit itself ,have to work on their own ,life caused great influence, he longs for this case already for a long time ,hope to end this is non .relationresultSo ,out of the court ,I feel very relaxed .
He also told the China Youth Daily reporter ,I said to myself what is very clear ,winning have faith .relationresultMedicineQingwei lawyers ,and has repeatedly expresses to media : at the beginning, medicine Qingwei just want an apology ,whether written or oral can .
But later find each other become aggravated ,it added a significant litigation request ,request delete micro-blog ,blog ,apology ,compensate for 1 yuan. A significant demand for 30 consecutive days ,in 20 newsmedia published no less than 3000 words of apology ,this looks very absurd, because cost is good tens of millions of dollars ,but we are to express an opinion ,is only to increase the network tort disciplinary efforts ,ability and its tort results match ,relative call .
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