Authorized Agent: Zhang Lin 'an, lawyer of suburban law firm of Anyang City, Henan Province.
Appellant (defendant in the original trial): Editorial Department of Women's Literature.
Legal Representative: Xiao, editor-in-chief of Women's Literature.
Authorized Agent: Hu Kaimou, lawyer of Shijiazhuang Law Firm, Hebei Province.
Authorized Agent: Liu Zhang, writer of the Literary Federation of Shijiazhuang City, Hebei Province.
Defendant in the original trial: Editorial Department of Selected Legal Documents.
Legal Representative: Geng Longxiang, editor-in-chief of Selected Works of Law.
Authorized Agent: Wang Yulin, lawyer of Anqing Economic Law Firm.
Authorized Agent: Zhang Jianchu, editor of Selected Legal Documents.
Defendant in the original trial: China Water Conservancy and Electric Power Literature and Art Association (formerly the literary authority in He Jiang).
Legal Representative: Li Boning, chairman of China Water Conservancy and Electric Power Literature and Art Association.
Defendant in the original trial: editorial department of Wen Hui Monthly.
Legal Representative: Xiao Guanhong, deputy editor-in-chief of Wen Hui Monthly.
Authorized Agent: Bao Peilun and Chen, lawyers of Shanghai Luwan Law Firm.
Appellee (plaintiff in the original trial): Wang Faying, female, 43 years old, cadre of Qinhuangdao Institute of Science and Technology Information, Hebei Province.
Authorized Agents: Liu Chuntian and Long Yifei, lawyers of Beijing No.10 Law Firm.
The appellant Serina Liu and the editorial department of Women's Literature appealed to the Higher People's Court of Hebei Province because they refused to accept the civil judgment of Shijiazhuang Intermediate People's Court (88)No. 1.
The Higher People's Court of Hebei Province has formed a collegial panel according to law. It was found through trial that on June 5438+0985 and 65438+ 10/8, Qinhuangdao Daily of Hebei Province published a long newsletter "Rose Complaint" (the article was reprinted by People's Daily on March 2 1985), and the former statisticians of Funing Agricultural Machinery Company were Wang Faying and Wang Faying. Serina Liu claimed to "set the record straight, save the serious difficulties brought by Rose's complaint to Funing", and wrote "A Novel Recorded in Time"-Wang Faying, a specialty in September 1985. The article claimed to show Wang Faying that it used goblins, monsters, hooligans, mad dogs, political swindlers, pickpockets, rebels, Jiangxi specialties, consistent bullies, peppers, private businessmen and private entrepreneurs.
Serina Liu sent her works to the editorial departments of several magazines. "Women's Literature" published 50,835 copies with the title of "What a Wild Rose-a Specialty of Wang Faying" in theNo. 1985 andNo. 12, and paid Serina Liu and 220 yuan the royalties. The Selected Publications of Legal Documents, with the title "What a Wild Rose", reproduced the above works in full. 478,000 copies were issued and paid to 80 yuan and Serina Liu, editors of Women's Literature 159 yuan. After some abridgement, the editorial department of He Jiang Literature published the manuscript of Serina Liu's works with the title ofNo. 1986 "Wang Faying, a special product", and distributed 1000 copies to Serina Liu 130 yuan. The editorial department of Wen Hui Monthly changed the name and place name of Wang Faying in Serina Liu's manuscript and abridged some insulting language. The title of "The Rise and Fall of the Yellow River" was published inNo. 1986,No. 1, and more than 20,000 copies were issued 192 yuan. Therefore, the plaintiff, Wang Faying, filed a lawsuit in Shijiazhuang Intermediate People's Court, claiming that four magazines, including Serina Liu and Women's Literature, published and reprinted Serina Liu's works, which insulted her personality and infringed on her reputation, resulting in serious consequences, and demanded that Serina Liu and the editorial departments of the four magazines bear legal responsibility, stop the infringement, apologize, eliminate the influence and compensate for the losses.
Serina Liu argued that the content of his works came from interviews, which truthfully reported the real situation of Wang Faying and did not infringe the plaintiff's reputation.
The editorial department of Women's Literature argued that they had verified the contents of Serina Liu's works before they were published, and they should not bear civil liability according to the spirit of being responsible for the works.
The editorial department of Wen Hui Monthly argued that when the work was adopted, the original title was changed to The Story of Huang's ups and downs, and the names, places, some insulting language and contents in the work were deleted and published in the form of artistic fiction, which did not infringe on Wang Faying's reputation and should not bear legal responsibility.
The Editorial Department of Selected Legal Documents and China Water Conservancy and Electric Power Literature and Art Association did not reply, and two legal summonses did not appear in court.
According to the above facts, Shijiazhuang Intermediate People's Court found that the defendant Serina Liu used his works to insult the plaintiff Wang Faying's personality and infringe his reputation. And submitted the works to the editorial departments of many magazines for publication, further spreading the influence of infringement on the plaintiff's reputation right. Serina Liu's behavior has caused serious consequences to the spirit, work and life of the plaintiff and his family, and he should bear the main responsibility in this case.
When the editorial department of Women's Literature published Serina Liu's works, it not only did not abridge the insulting content in the article, but also added titles and illustrations that damaged the plaintiff's reputation, which expanded the bad influence. His behavior violated the plaintiff's right of reputation and caused serious consequences, and he should bear the main responsibility in this case.
The editorial department of Selected Legal Documents reprinted the above-mentioned works of Serina Liu, which had a large circulation and wide influence, and infringed on the reputation right of the plaintiff Wang Faying, and should bear corresponding responsibilities.
The editorial department of He Jiang Literature, which belongs to China Water Conservancy and Electric Power Literature and Art Association, published the above-mentioned Serina Liu works, which infringed the reputation right of the plaintiff Wang Faying; However, the number of problems is small, and I have apologized to the plaintiff and should bear certain responsibilities.
The editorial department of Wen Hui Monthly published the above-mentioned works of Serina Liu, which infringed on Wang Faying's reputation; However, when it was published, it changed the name of the work and the name of the plaintiff, and deleted some insulting language, which had little impact and should bear certain responsibilities.
According to the above facts and the responsibilities of the defendants, the plaintiff Wang Faying's request to stop the infringement, restore the reputation, eliminate the influence and compensate the losses is reasonable and should be supported according to the provisions of the first paragraph of Article 120 of the General Principles of Civil Law of People's Republic of China (PRC) and the General Principles of Civil Law of People's Republic of China (PRC). According to Article 134 of the General Principles of the Civil Law, each defendant shall bear civil liability respectively.
Accordingly, Shijiazhuang Intermediate People's Court ruled on1October 27th 1988 65438:
The editorial department of Women's Literature, Selected Periodicals of Legal Literature, Wen Hui Monthly and China Water Conservancy and Electric Power Literature and Art Association should bear the responsibility of infringing the plaintiff's reputation, stop the infringement, and publish an apology statement in the original publication that infringed the plaintiff's reputation (the apology statement must be audited by the court), so as to restore Wang Faying's reputation and eliminate the influence. In view of the fact that the publication of River Literature has stopped, China Water Conservancy and Electric Power Literature and Art Association can be exempted from this responsibility.
Defendant Serina Liu compensated Wang Faying 1400 yuan; The editorial department of Women's Literature paid compensation of 1000 yuan; The editorial department of Selected Legal Documents compensated 500 yuan; Defendant China Water Conservancy and Electric Power Literature and Art Association compensated 400 yuan.
After the verdict of the first instance, the defendant Serina Liu and the editorial department of Women's Literature refused to accept the verdict of the first instance, and appealed to the Higher People's Court of Hebei Province on the grounds that they did not infringe on Wang Faying's reputation and did not bear the legal responsibility for infringing on it.
The Higher People's Court of Hebei Province held that according to Article 10 1 of the General Principles of the Civil Law, citizens' right of reputation is protected by law. It is forbidden to damage the reputation of citizens by insulting or slandering. The article "Specialty Wang Faying" written by Appellant Serina Liu used insulting language in many places, insulted Wang Faying's personality, and contributed more than one manuscript, which expanded the bad influence in society and infringed on Wang Faying's reputation. The Appellant's Editorial Department of Women's Literature, the Defendant's Editorial Department of He Jiang Literature, Wen Hui Monthly and Selected Publications of Legal Literature published and reprinted Serina Liu's above-mentioned works respectively, which infringed on Wang Faying's reputation and should bear civil liability according to law. The original judgment found the facts clear and the applicable law was correct. The appeal grounds of Serina Liu and the editorial department of Women's Literature cannot be established. Accordingly, our court ruled on June 5th that the appeal was dismissed and the original judgment was upheld in accordance with Article 151 (1) of the Civil Procedure Law of People's Republic of China (PRC) (Trial).