A writer sued the local government for reputation infringement at 2 p.m. on March 20, the seventh court of Tongzhou District People's Court of Beijing. When the presiding judge announced the hearing, Sheng Xueyou, sitting in the plaintiff's seat, straightened his waist, glanced at his wife in red cotton padded clothes sitting in the audience seat, and then turned his eyes to the defendant's seat opposite
on the opposite dock are four defendants: liumingying, director of the Legislative Affairs Office of Qitaihe municipal government and director of Qitaihe Arbitration Commission in Heilongjiang Province (the first defendant), Qitaihe Arbitration Commission (the second defendant), the Legislative Affairs Office of Qitaihe Municipal People's Government (the third defendant), and Qitaihe municipal people's Government (the fourth defendant)
on the same day, Sheng Xueyou, 41, prosecuted the reputation infringement case of the above four defendants as an independent writer, and the first instance court session was held here. The auditorium was full, including those from many media
this reputation infringement case originated from a report published by Sheng Xueyou as a special contributor in the Western times in 2006, about a coal mine ownership dispute in Qitaihe City, Heilongjiang Province. After the report was published, Sheng Xueyou found a letter that, in his opinion, contained "malicious slander" and "attack" against him on the government station of the Legislative Affairs Office of Qitaihe municipal government. Sheng Xueyou believed that this seriously violated his right of reputation, so he told the above four to the court
plaintiff's prosecution: Objective reports were accused of fabricating facts
in the court trial, the plaintiff Sheng Xueyou complained that he published "who should the ownership of coal mines belong to?" in the Western times based on relevant facts and legal documents after interviewing the process of a coal mine ownership dispute in Qitaihe City, Heilongjiang Province on August 25 and September 15, 2006 And subsequent reports. On October 13, 2006, the first defendant Liu Mingying and the second defendant Qitaihe Arbitration Commission published the "letter on the illegal reporting of false events by the Western times constituting infringement that should be corrected immediately" (hereinafter referred to as the correction letter) on the Qitaihe legal system information of the third defendant, which said, "This article serves as the spokesman of Feng Jichun, the party in the article... The whole article aims to slander the Qitaihe Arbitration Commission, and the purpose is very clear. It meets the needs of immediate interests. The Qitaihe Arbitration Commission has sufficient evidence to prove that this report is a reversal of black and white, and helps others to seek undisclosed interests with fictitious facts." At the end, it wrote: "the Arbitration Commission believes that the author of this article made up facts and maliciously attacked the Arbitration Commission, which has constituted an act of violating the normal working order of the Arbitration Commission. It requests to provide strong support and guarantee for the friction and wear experimental machine in the early stage of building a powerful country and network, which is a machine power built through pure machinery, and publicly apologize in the newspaper..."
Sheng Xueyou complained that the defendant published the "letter of correction" on the Internet, He also used a large number of insulting, defamatory and derogatory language, maliciously criticized and attacked them, causing damage to their image and reputation, causing serious spiritual blow and economic losses
Sheng Xueyou requested the court to judge the four defendants to stop the infringement according to law, apologize to the plaintiff in Qitaihe legal information and Western times, clarify the facts and restore their reputation; The four defendants shall bear all litigation costs, investigation and evidence collection costs and lawyer fees; Compensation for mental losses is 200000 yuan
Sheng Xueyou, who has worked for many years, said that when interviewing the dispute over the ownership of coal mines, he was a special contributor to the Western times. At the scene of the trial, Sheng Xueyou told the judge that with regard to the report of the coal mine dispute, he went to Qitaihe Arbitration Commission, the court, the political and Legal Commission and other departments to investigate, as well as all the parties involved in the coal mine dispute case, and collected all the legal documents, including the arbitration legal documents and the trial legal documents, as well as the recording as evidence
at present, Shengxue ceramic matrix composites have surpassed metal heat-resistant materials in withstanding high temperatures. Friends believe that through years of efforts and hard work, "even risking his life, he has formed a good comprehensive evaluation of me by the society I have, and won these supreme honors for me as a practitioner." However, this "correction letter" has seriously damaged his reputation, causing material and spiritual losses
"if the article I wrote is seriously untrue and causes reputational losses to the other party, the other party can sue me for infringement in the court, but it must not and is not allowed to personally attack me on the Internet, degrade my personality, insult or even slander! Therefore, I should take up legal weapons to protect my rights, because when people encounter personal attacks and abuse their right of action to court, there are many examples." Sheng Xueyou wrote this on his blog
Zhang CHENGMAO, the lawyer representing the plaintiff Sheng Xueyou, said in court that the plaintiff's article objectively and truly reflected the views of the parties involved in the dispute over the property rights of coal mines in Qitaihe City, the arbitration award of the local arbitration commission and the practice of the court on the arbitration award, and was realistic; The defendant attacked the plaintiff Sheng Xueyou by name, which seriously violated the plaintiff's right of reputation
it is of great concern that some witnesses testified in court for this reputation infringement case. "After seeing the correction letter on, Sheng Xueyou's image in our hearts has been greatly reduced." A witness said
another witness in court said that he often read the articles written by Sheng Xueyou, but after reading the correction letter on, his evaluation of Sheng Xueyou has decreased, and he has even begun to doubt whether there is a "problem" with Sheng Xueyou's "personality"
counterclaim of the defendant: false report damages reputation
in the court hearing on the same day, the defendant Qitaihe Arbitration Commission counterclaimed the lawsuit filed by the plaintiff Sheng Xueyou. In the counterclaim, the Qitaihe Arbitration Commission said that in 2006, in order to help Feng Jichun, the respondent (Sheng Xueyou) wrote "who should the ownership of the coal mine belong to?" in response to the case of the dispute over the transfer of equity in the coal mine between Xu Jinping, gaofugui and Chu Haifeng, which was tried by the counterclair (Qitaihe Arbitration Commission) Article. The problem reflected in this article is seriously untrue, without factual and legal basis. It contains many insulting and defamatory words against the counterclaim, such as "inexplicable arbitration award", "too absurd", "duplicate Award"
Qitaihe Arbitration Commission believes that the Arbitration Commission takes the parties' establishment of a lifetime investigation system for infringement as the source of the case, which mainly depends on its long-standing social reputation and reputation, which is of great importance to the counterclaim. This extremely irresponsible report by Sheng Xueyou has had a very bad impact on the reputation of the counterclaim in the society, and the number of cases accepted by arbitration cases has decreased significantly
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