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Chen Kaige's memoirs are slanderous and refuse to apologize

2019-1-8 15:11| 发布者: 左二爷| 查看: 160| 评论: 0|来自: 成都夜网www.cdr114.net

摘要: Director Chen Kaige was found by the court to have infringed the party Qiu Luguang in the 2009 reprinted memoir. Since then, Chen Kaige refused to apologize. On January 8, 2019, Haidian Court announc ...
Director Chen Kaige [Weibo] was found by the court to have infringed the party Qiu Luguang in the 2009 reprinted memoir. Since then, Chen Kaige refused to apologize. On January 8, 2019, Haidian Court announced that because Chen Kaige refused to fulfill the obligation of eliminating the impact of written apology in the judgment, according to Qiu Luguang's application, the Court published part of the judgment to the public.

The announcement shows that Qiu Luguang, the plaintiff, and Chen Kaige, the defendant in the case of disputes over the right of reputation, refused to fulfill the first item of Haiminchu Civil Judgment No. 20203 of Beijing Haidian District People's Court (2014), that is, "Legal Daily", "Beijing Evening News", "Writer's Digest" written apology to eliminate the impact", Qiu Luguang applied for enforcement, and the court will now execute the judgment. Some of the contents are published as follows:

According to the court's judgment, reputation refers to the comprehensive evaluation of a particular person's morality, ability and sentiment by the society. The right of reputation is the right enjoyed by civil subjects to their reputation, which is not infringed by others. According to the law, "Writing and publishing literary works is not about describing specific people in life, but about the fact that the plot of the works is similar to that of someone in life. It should not be considered as infringing upon the reputation of others. Or, although the real name and address are not specified, the fact is that the object of description is a specific person or fact. If there are insults, slanders or disclosure of privacy in the text, and the reputation of the person is damaged, it should be considered as infringing on the right of reputation of others." It is also an act of infringing upon the right of reputation to disclose and publicize the privacy of others and to cause adverse effects on the reputation of others. Privacy, usually refers to the private life of an individual, including all the secrets of his life and behavior that he does not want to disclose.

During the trial, Chen Kaige did not appear in court after being summoned by court announcement, and actually gave up the right of reply. On the premise that the defendant Chen Kaige could not prove the authenticity of the plot he described, the fabricated experience of the plaintiff Qiu Luguang who contacted female nurses and was recaptured after his private escape, even the content of expulsion of Party membership and military status and sentencing of punishment, which has the faults of defamation, derogation of the plaintiff Qiu Luguang's personality and disclosure of other people's privacy, will inevitably result in the decline of the plaintiff Qiu Luguang's social The defendant Chen Kaige should bear the corresponding tort liability for infringing the plaintiff Qiu Luguang's right of reputation.

The following judgments were handed down by the People's Court of Haidian District in Beijing: 1. Within seven days after the judgment came into effect, the defendant Chen Kaige apologized to the plaintiff Qiu Luguang in the Legal Daily, Beijing Evening News and Writer's Digest to eliminate the influence. The specific content of the apology letter was examined by the court.

The judgment also shows that if the defendant Chen Kaige fails to fulfil the deadline, the main text of the judgment will be published by the court through the above-mentioned media, and the corresponding expenses will be borne by the defendant Chen Kaige.

Annex: Announcement in Legal Daily

Announcement of the People's Court of Haidian District, Beijing

In the case of disputes between plaintiff Qiu Luguang and defendant Chen Kaige's right of reputation, Qiu Luguang applied for execution because Chen Kaige refused to fulfill the first item of civil judgment No. 20203 of Haimin Chu of Haidian District People's Court of Beijing (2014), "Defendant Chen Kaige apologized to plaintiff Qiu Luguang in writing in Legal Daily, Beijing Evening News and Writer's Digest to eliminate the influence". Publish part of the judgment as follows:

In our opinion, reputation refers to the comprehensive evaluation of the morality, morality, ability and sentiment of a particular person by the society. The right of reputation is the right enjoyed by civil subjects to their reputation, which is not infringed by others. Article 101 of the General Principles of the Civil Law of the People's Republic of China stipulates that "Citizens and legal persons enjoy the right of reputation, and their personal dignity is protected by law. It is forbidden to damage the reputation of citizens and legal persons by insulting or defamating them." Article 140 of the Opinions (Trial Implementation) of the Supreme People's Court on Several Questions Concerning the Implementation of the General Principles of the Civil Law of the People's Republic of China stipulates: "In written and oral form... Fabricating facts to publicly defame other people's personality, as well as damaging the reputation of others by insulting, defamation and other means, which have certain effects, should be considered as acts against the reputation of citizens." Article 9 of The Supreme People's Court's Answer to Several Questions Concerning Trial of Right of Reputation Cases stipulates: "Writing and publishing literary works is not a description of a specific person in life, but the plot of the works is similar to that of a person in life, and should not be considered as infringing upon the right of reputation of others." Or, although the real name and address are not specified, the fact is that the object of description is a specific person or fact. If there are insults, slanders or disclosure of privacy in the text, and the reputation of the person is damaged, it should be considered as infringing on the right of reputation of others." It is also an act of infringing upon the right of reputation to disclose and publicize the privacy of others and to cause adverse effects on the reputation of others. Privacy, usually refers to the private life of an individual, including all the secrets of his life and behavior that he does not want to disclose.

In this case, plaintiff Qiu Luguang filed a tort action on the ground that the right of reputation was infringed by defendant Chen Kaige. He should provide evidence on the fact that the right of reputation was damaged according to law. Firstly, according to the evidence provided by the plaintiff Qiu Luguang to our hospital, the case can be confirmed by the facts ascertained. Although the defendant Chen Kaige did not specify his real name in his autobiographical works of Memoirs of My Youth, K (the plaintiff's ex-wife) was born, married, the origin of his name, and the end of his husband.

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