Legal Evening News: On July 16 this year, Mongolian singer Tengger sued a music art company in Shenyang for using its name and photos without permission, infringing its reputation, name and portrait rights. After hearing the case, the Beijing No.1 Intermediate People's Court made a judgment, and Tengger Singh won the final case and was awarded an economic loss of 20,000 yuan. Just yesterday, the reporter was shocked to hear that Tengger singer was once again recruited by a private university in Beijing. School Information Minister: Tengger singer Singh will attend the student's presentation. The reporter immediately interviewed Ms. Liu, the head of the news department of the school. "The art ambassador of our school is Tengger Singh, and there are many other famous artists." When the reporter questioned the role of the art ambassador, Ms. Liu claimed that the art ambassador was only an honorary title and did not belong to any position in the school, but she would participate in the report performance of the school students and even the judges of the students. Tengger singer singer: I have never been an art ambassador of this school. When a reporter asked Tengger singer Singh about it, Tengger singer Singh responded, "I have never been an art ambassador for any school, ever. Others use my name to do many things, but it is the first time to get involved with the school. " So what will Tengger singers do in the face of such infringement? If the situation is true, I will definitely find a lawyer to protect my rights and interests. Agent: Tengger singer Singh has only served as the green image ambassador of the State Environmental Protection Administration. Subsequently, the reporter interviewed Sheng, the manager of Tengger singer singer and Beijing Paradise Culture Company. He bluntly said that if this matter is true, he will entrust a legal adviser to handle this matter today. According to Manager Sheng, Tengger singer Singh did attend a school party, but he had nothing to do with being an art ambassador. Tengger singer Singh only served as the green ambassador of the State Environmental Protection Administration in March and April this year, and there was no similar cooperation. "If they claim that Tengger singer Singh is the school's art ambassador and also used to attract students, things will not be good. We will send legal counsel to handle this matter and even appeal. " Manager Sheng said. Lawyer: Tengger Singh has the right to claim compensation. "If this is true, the school will illegally infringe the name right and other derivative rights of Tengger singer singers. Because there is no cooperation agreement and contract between the school and Tengger singers to serve as school art ambassadors, it is obviously illegal. " Lawyer Jin Meng of Beijing Jinge Law Firm answered the reporter's questions. If the school uses Tengger singer singers as so-called art ambassadors to attract students, it is a profit-making behavior. Can Tengger singer singers get some compensation? "Tengger Singh can claim civil compensation and claim the amount of compensation according to the other party's extra income." Lawyer Meng said.
It is illegal to steal another person's name: 2004- 1- 18 Plaintiff Jin, male, born on 1968, Han nationality, self-employed, living in the countryside of Xiangshui County, Jiangsu Province.
Defendant Zhang, male, 195 1 born, Han nationality, stationmaster of cultural station, lives in Xiangshui County, Jiangsu Province.
[case]
From 1989, the plaintiff Kim rented a photo studio in the facade of the cultural station where the defendant Zhang worked, which was close to the defendant's family shop and had a good relationship with each other. At the end of April, 1997, Zhang applied for a loan from the credit union because of the lack of funds in his shop. Because Zhang still owes a loan to the credit union, the credit union said it would not lend again. Defendant Zhang thought that Kim had never borrowed money from a credit union, so he found an engraving shop opposite the Cultural Station to engrave Kim's personal seal, and applied for a loan in the name of Kim on May 2, 1997 1 000 yuan. Kim applied for a loan from Huang Wei Credit Union because he was going to buy a house. Knowing that Zhang had not returned the loan from the credit union in his name, the credit union refused to lend money, and the plaintiff Kim had a dispute with the defendant Zhang. Zhang handed in a gold private seal and destroyed it face to face. At the same time, at the request of Kim, I wrote a letter of guarantee that "any problem in this chapter is my responsibility" and returned the loan under Kim's name on schedule. Later, Zhang sued the court in the name of the stationmaster of the cultural station and asked Kim to withdraw from the rented house. Kim reported the case to the public security department on the grounds of fraud. Because the public security department did not pursue Zhang's criminal responsibility, Kim sued the court, demanding that Zhang apologize to the plaintiff, compensate the plaintiff for economic and mental losses of100000 yuan, and bear all the legal costs of this case.
[trial]
After hearing the case, Xiangshui County People's Court held that it was wrong for the defendant Zhang to handle the loan in the name of Kim without authorization. Although the engraved seal has been destroyed, if it happens again, the defendant will still be responsible for other consequences. Because the plaintiff failed to provide relevant evidence, his claim for mental loss and economic loss could not be maintained. Therefore, Xiang Minchu's judgment. 144 was made in July 1998; (1) Within three days after this judgment came into effect, the defendant made an oral apology to the plaintiff; (2) Reject the plaintiff's other claims. The legal costs of 650 yuan shall be borne by the plaintiff 450 yuan and the defendant 200 yuan. After the verdict was pronounced, the Judicial Committee of Xiangshui County People's Court discussed that the case was improperly handled and decided to form a collegiate bench for retrial. The retrial held that the defendant Zhang's act of engraving personal gold seal without the plaintiff's consent was illegal and should bear corresponding civil liability. On June 9, 1998 and 165438, the judgment of Xiangminzaizi No.8 was made: (1) The judgment of Xiangminchuzi No.1 144 was revoked; (2) Defendant Zhang apologized to plaintiff Kim; (3) The defendant shall compensate 300 yuan for the plaintiff's economic loss, which shall be delivered within 10 days after the judgment takes effect. 650 yuan, the plaintiff bears 200 yuan, and the defendant bears 450 yuan. After the verdict was pronounced, the defendant Zhang refused to accept the appeal. After the trial, the Intermediate People's Court of Yancheng City, Jiangsu Province held that Zhang lettering was the reason for Kim's consent to appeal, and there was no evidence to prove it and it was not adopted. On March 3 1, 65438,999, the Intermediate People's Court made judgment No.7: the appeal was dismissed and the original judgment was upheld. The acceptance fee of the appeal case shall be borne by Zhang.
[analysis]
On the object of litigation. The object of litigation in this case has certain particularity. The defendant used someone else's name to carve a seal without permission, which violated the plaintiff's name right, which is a kind of personal right, and both personal right and property right are protected by civil law. This kind of infringement is not only "wrong" but also illegal. Because the circumstances of the illegal act were minor, the defendant only handled a private loan, did not commit other illegal acts, and returned the loan on schedule. Subjectively, there was no intention of fraud, so he did not commit a crime. Its nature is a civil illegal act and it should bear civil liability for compensation.
Questions about economic and mental losses. The original judgment of the first instance held that the defendant carved the plaintiff's seal privately, which did not cause the plaintiff direct economic losses and had no legal basis for mental losses. Therefore, the judgment rejected the plaintiff's other claims except apology, which should be said to be incorrect. The retrial collegial panel held that the defendant privately carved the plaintiff's seal, which caused certain losses to the plaintiff's economy and spirit. Litigation for this matter has affected normal business and reduced economic income. Because there is no clear legal basis in mental damage compensation, only 300 yuan was awarded compensation for economic losses. In fact, the defendant's behavior in this case objectively caused the plaintiff's mental, psychological and reputation damage, and the plaintiff should be compensated for his mental loss. There are not a few cases in which he was sentenced to bear mental losses for infringing on citizens' portrait rights, and he should also be compensated for his mental losses for infringing on his name rights, which is also in line with the provisions of the General Principles of Civil Law. If the defendant is judged to compensate the plaintiff for mental loss, citizens can be educated to carry out civil activities according to law, and the social effect of the lawsuit in this case will be better.
On the burden of legal fees. The burden of legal fees should reflect the principle of fault liability. The original judgment of the first instance ruled that the defendant should bear a small amount of legal fees and the plaintiff should bear most of them, which did not reflect the principle of fault liability and the value orientation of the law. Therefore, it is correct to change the burden of legal fees for retrial and second instance.
Possession: the right to control something or property in fact or in law.
Right to use: the right to use property according to law without changing its essence.
Income right: refers to the possibility of obtaining economic benefits based on the owner's property, which is the right and obligation relationship of people due to obtaining additional property.
Disposition right: the right of the property owner to finally dispose of his property within the scope prescribed by law, that is, the right to decide the de facto or legal fate of the property.
Possession, to put it bluntly, is who owns the house, that is, who lives in it. But possession is legal and illegal.
The right to use also means possession during the period, but this possession is legal. Whether to obtain the right to use by buying a house or by leasing a relationship.
Income right, that is, the income from renting the house you own. The most typical example is that the rent generated by renting a house is the income.
Disposition right is the right to transfer or destroy the house. Is buying and selling, such as bungalows, which can be demolished.
3) Civil liability refers to the legal liability that the civil subject should bear for violating civil legal norms. Civil liability includes contract liability and tort liability. Contractual liability refers to the liability that the parties to a contract should bear if they fail to perform their contractual obligations or the performance of their contractual obligations does not conform to the agreement; Tort liability refers to the responsibility that the civil subject should bear if it infringes on the personal rights and property rights of others. The forms of civil liability include property liability and non-property liability, including compensation for losses, payment of liquidated damages, payment of compensation for mental damages, cessation of infringement, removal of obstruction, elimination of danger, return of property, restitution, restoration of reputation, elimination of influence and apology. These forms of liability can be applied separately or in combination.
Administrative responsibility refers to the legal responsibility that an individual or unit should bear in violation of administrative laws and regulations. Administrative responsibility includes administrative punishment and administrative punishment. Administrative punishment is the disciplinary punishment given by the superior to the minor illegal acts that violate the discipline within the administrative organ or do not constitute a crime. Its types include: warning, demerit recording, serious demerit recording, demotion, demotion, dismissal, expulsion for probation and expulsion. The types of administrative punishment include: warning, fine, administrative detention, confiscation of illegal income, confiscation of illegal property, order to suspend production or business, temporary suspension or revocation of license, temporary suspension or revocation of license, etc.
Criminal responsibility refers to the legal responsibility that an individual or unit that violates the provisions of the criminal law should bear. The types of criminal punishment include public surveillance, criminal detention, fixed-term imprisonment, life imprisonment, death penalty, deprivation of political rights, fines and confiscation of property. Supplementary punishment can be applied alone or in combination with the principal punishment.