Article 12 of the General Principles of the Civil Law stipulates: "Citizens whose rights of name, portrait, reputation and honor are infringed have the right to demand that the infringement be stopped, their reputation be restored, their influence be eliminated, they apologize, and they may demand compensation for losses."
The Constitution stipulates the basic rights of citizens, and Article 46 of the Constitution stipulates that People's Republic of China (PRC) citizens and national citizens have the right and obligation to receive education.
the state trains teenagers and children to develop in an all-round way in morality, intelligence and physique.
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After the judgment of the first instance, Qi Yuling appealed to the Higher People's Court of Shandong Province. Apart from objecting to the standard of compensation for mental damage, she mainly presented evidence to prove that she had not given up her right to education. The main point is that the evidence shows that he did not give up his right to education, and the appellee did * * *, infringing on his right to education and losing a series of related interests. Accordingly, the court of second instance ruled: (1) Xiaoqi Chen compensated 5, yuan for mental damages caused by infringement of the right to name; (2) The Appellee compensated * * * for the economic loss of 16, yuan and the spiritual damage of 35, yuan caused by the infringement of the right to education.
The Shandong Higher People's Court held that there were some difficult problems in the application of law in this case, so it requested the Supreme People's Court to make an explanation in accordance with Article 33 of the Organic Law of People's Republic of China (PRC) People's Court. After research, the Supreme People's Court made an official reply on whether to bear civil liability for infringing on the basic rights of citizens protected by the Constitution to receive education by infringing on the right to name (hereinafter referred to as the official reply). The full text of the judgment is as follows:
Shandong Higher People's Court: Your request for instructions on the dispute between Qi Yuling and Jining Commercial School in Shandong Province, No.8 Middle School in Tengzhou City, Shandong Province, and Chen Kezheng, Education Committee in Tengzhou City, Shandong Province was received. According to the research, according to the facts of the case, Xiaoqi Chen and others violated Qi Yuling's basic right to education in accordance with the Constitution by infringing on her name right, which caused specific damage and should bear corresponding civil liabilities. After receiving the Reply, the Shandong Higher People's Court continued to hear the case, holding that "... because the appellee Tengzhou No.8 Middle School did not inform Qi Yuling of the unified examination results and the entrusted scores, and gave the appellee Xiaoqi Chen the admission notice, Xiaoqi Chen came to impersonate him, which made Xiaoqi Chen have the admission conditions under the planning of Chen Kezheng. However, due to the lax examination of freshmen's registration in Jining Business School, Xiaoqi Chen had to go to school as an impostor without an admission ticket and a valid admission certificate, which made Qi Yuling lose the opportunity to receive entrusted education. After Xiaoqi Chen went to school under an assumed name, the appellee Tengzhou Municipal Education Commission helped Chen Kezheng forge a medical form. Tengzhou No.8 Middle School helped Chen Kezheng forge the physical examination form. The appellee Tengzhou Municipal Education Commission helped Chen Kezheng forge the medical examination form; Tengzhou No.8 Middle School helped Chen Kezheng forge the semester examination form; In violation of the archives management measures, Jining City Commercial School allowed Xiaoqi Chen to bring his own archives, which provided Chen Kezheng with the opportunity to replace the archival materials, which led Xiaoqi Chen not only to go to school under an assumed name, but also to take part in work under an assumed name, thus perpetuating the act of infringing on the rights of others. This kind of infringement is caused by the intention of Xiaoqi Chen, Chen Kezheng, Tengzhou No.8 Middle School and Tengzhou Municipal Education Commission and the negligence of Jining Commercial School. This behavior is manifested in the form of infringement on the name right of Qi Yuling, but in essence, it is an infringement on the basic right of Qi Yuling to receive education as a citizen according to the Constitution. The appellee shall bear civil liability for the consequences of infringement.
Because the appellee violated the appellee Qi Yuling's right to name and education, Qi Yuling did not receive higher education and went back to school, and paid the city capacity increase fee for agricultural registered permanent residence's transfer to non-agricultural registered permanent residence, and paid the lawyer's fee for the lawsuit. These expenses are the direct economic losses suffered by the infringers of their right to education, and should be compensated by the appellees Chen Xiaoqi and Chen Kezheng, and the other appellees shall be jointly and severally liable for compensation. ......
In order to punish the infringement, the vested interests of the appellee Chen Xiaoqi during the infringement period (that is, the salary received in the name of the appellant Qi Yuling minus Chen Xiaoqi's necessary living expenses) shall be awarded to Qi Yuling, and Chen Xiaoqi and Chen Kezheng shall make compensation, and other appellees shall bear joint and several liability for compensation. ......
To sum up, the original judgment found that the appellee Chen Xiaoqi and others had infringed the appellee Qi Yuling's name right, and it was correct to judge him to bear corresponding civil liability. However, the original judgment found that Qi Yuling's abandonment of entrusted education lacked factual basis. Qi Yuling demanded that the appellee should bear the responsibility for violating his right to education, which is justified and should be supported. "
accordingly, in accordance with the provisions of article 46 [5] of the Constitution and the Supreme People's Court's reply, the Shandong Higher People's Court partially upheld and partially revoked the first-instance judgment of Zaozhuang Intermediate People's Court, and ruled that the following appellants, Xiaoqi Chen and Chen Kecheng, compensated Qi Yuling for the indirect economic losses (calculated by deducting the minimum living allowance from the salary received by Xiaoqi Chen in Qi Yuling's name) of 41,45 yuan, and the appellee Jining Commercial School. Eighth Middle School and Tengzhou Municipal Education Commission shall bear joint and several liability for compensation; (3) Appellees Chen Xiaoqi, Chen Kecheng, Jining Commercial School, Tengzhou No.8 Middle School and Tengzhou Municipal Education Commission compensated Qi Yuling for mental damages of 5, yuan.