Qi Yuling found out that Xiaoqi Chen was using her own name, and filed a civil lawsuit with the Intermediate People's Court of Zaozhuang City. The defendants were Xiaoqi Chen, (Xiaoqi Chen's father), Jining Business School, Tengzhou No.8 Middle School and Tengzhou Education Commission. According to the original report, Xiaoqi Chen, the defendant, entered Jining Commercial School in the name of the plaintiff because of the fraud of the defendants, which led to the infringement of the plaintiff's right to name, education and other related rights and interests. Request the court to order the defendant to stop the infringement and apologize, and compensate the plaintiff for economic losses of 6.5438+0.6 million yuan and mental losses of 400,000 yuan.
Zaozhuang Intermediate People's Court found through trial that: (1) Article 99 of the General Principles of the Civil Law stipulates that "citizens have the right to name, have the right to decide, use and change their names according to regulations, and interference, misappropriation and forgery are prohibited". Defendant Xiaoqi Chen embezzled and faked Qi Yuling's name to go to school under the policy of his father Chen Ke, which is a special form of infringement of the right to name. (2) The right to education advocated by the plaintiff Qi Yuling belongs to the category of citizens' general personality rights. Enriching and developing one's personality is the freedom right of citizens. However, the evidence in this case shows that Qi Yuling has actually given up this right, that is, given up the opportunity to be entrusted. He claimed that the evidence that the right to education was violated was insufficient and could not be established. Qi Yuling's claim for compensation for material losses based on this has no causal relationship with the defendant Xiaoqi Chen's tort, so it is not supported. (3) Infringed on the name right of the plaintiff Ji Yuling, except that the defendants Xiaoqi Chen and Chen Kezheng were mainly responsible. The defendant Jining Commercial School accepted Xiaoqi Chen's fraudulent use of Ji Yuling's name to go to school, deliberately maintaining the existence of infringement, and should bear important responsibilities; The defendants Tengzhou No.8 Middle School and Tengzhou Municipal Education Commission provided convenience for Xiaoqi Chen and Chen Kezheng to cover up their impersonation afterwards, but they also had gross negligence and should bear certain responsibilities. Based on the above-mentioned main facts, Zaozhuang Intermediate People's Court ruled that "if a citizen's right to name, portrait, reputation and honor is infringed, he has the right to demand to stop the infringement, restore his reputation, eliminate the influence, apologize and compensate for the losses": (1) Defendant Xiaoqi Chen stopped the plaintiff Qi Yuling's right to name. (2) Defendants Xiaoqi Chen, Chen Kezheng, Jining Commercial School, Tengzhou No.8 Middle School and Tengzhou Municipal Education Commission apologized to plaintiff Qi Yuling; (3) The lawyer's agency fee paid by the plaintiff Ji Yuling was 825 yuan, which was borne by the defendant Xiaoqi Chen, and the defendants Chen Kezheng, Ning Ji Business School, Tengzhou No.8 Middle School and Tengzhou Municipal Education Commission were jointly and severally liable for this; (4) The plaintiff Qi Yuling paid 35,000 yuan for mental damages, the defendants Xiaoqi Chen and Chen Kezheng each paid 5,000 yuan, Jining Commercial School paid15,000 yuan, Tengzhou No.8 Middle School paid 6,000 yuan and Tengzhou Municipal Education Commission paid 4,000 yuan; (5) Reject Qi Yuling's other claims.