He is the prototype of Jia Zheng in Armed Behind the Enemy, Jia Zhengxi.
Jia Zhengxi, formerly known as Jia Zheng, was a sensational man of the hour many years ago. 1942 joined the famous armed forces behind the enemy lines and fought side by side with his comrades. 1946, although he returned to the field after being injured and became an ordinary farmer in his hometown of xushui county, Hebei Province, his reputation has not been lost because of the years.
After Feng Zhi's novel Armed Behind the Enemy was adapted into a movie, Jia Zheng's name became a household name and was highly respected in the local area. However, 1999, the broadcast of a new TV series "Armed Behind the Enemy" brought this glory to an abrupt end, and this respected hero suddenly became a big liar. This old hero, who has always been low-key and plain, had to hire a lawyer and began a four-year litigation journey.
TV play series
A hero becomes a liar in an instant.
1938, the Japanese invaders turned Jia Zheng's hometown into a scorched earth. 17 years old, Jia Zheng angrily joined the army, 1942, joined the "armed forces behind the enemy lines" which was famous all over the country. Jia Zheng was seriously injured in a battle in Tianjin from 65438 to 0946. Shortly thereafter, the whole country was liberated, and Jia Zheng stayed in his hometown as a disabled revolutionary soldier. In order to express his excitement about the liberation of the motherland, he changed his name to Jia Zhengxi and began to work conscientiously in his new combat post, from the militia company commander, battalion commander, village head and branch secretary to the director of Wangcun Management Committee.
From 65438 to 0958, the documentary novel Armed Behind the Enemy written by Feng Zhi, the former captain of the armed forces behind the enemy lines, was officially published, among which Jia Zheng, a real-name combat hero, also became the focus of attention. In the past 50 years, every major festival, the nearby school troops will ask him to give a speech and introduce the heroic deeds of the armed forces behind the enemy lines. Although he has left the war-torn battlefield and his comrades-in-arms, Jia Zhengxi still lives in the glory of the troops behind enemy lines, which makes him feel very gratified. However, since 1999, Jia Zhengxi's life suddenly became deserted. No one asked him to give a speech, even the villagers in the village looked at him with new eyes. An outspoken friend told him, "other people's TV dramas say that Jia Zheng has long been killed." It won't be fake, will it? "
After some understanding, Jia Zhengxi quickly found the reason. It turns out that Baoding TV has just broadcast a new TV series "Armed Behind the Enemy", and the protagonist Jia Yingyong died.
Prove that he is a hero.
Take the producer to court
Jia Zhengxi felt that he could no longer be so silent. He made a special trip to the county seat to buy a new CD-ROM of Armed Forces Behind the Enemy. He learned that the drama is a 20-episode TV series adapted and produced by the TV Department of Beijing Film Studio and other units according to Mr. Feng Zhi's original "Armed Behind the Enemy".
After returning from the county seat, Jia Zheng was so happy that he couldn't eat or sleep, and suddenly fell ill on New Year's Eve. It took thousands of dollars to go to the hospital for an injection and medicine. Lying in the hospital bed for more than half a month, Jia Zhengxi had no rest in his mind, thinking about how to prove his identity and save his reputation.
Mr. Feng Zhi, the author of the novel Armed Behind the Enemy, which can prove his identity, has passed away. Jia Zhengxi got in touch with Feng Zhi's widow, Yuan Sha, and got a certificate from Yuan Sha: Jia Zheng in Feng Zhi's Armed Behind the Enemy was Jia Zhengxi, and no armed men died in the battle. The adapted TV series reflects that Jia Zheng was killed, which is totally false.
In order to make the proof materials more informative, Jia Zhengxi not only got Yuan Sha's proof, but also rushed to Northeast China, Shijiazhuang, Beijing and other places to find comrades-in-arms such as Yang Shouzeng and Ma who had been in the army behind enemy lines and asked them to prove that they were Jia Zheng in the novel. Stubborn Jia Zhengxi found the Beijing Film Studio regardless of his old age and infirmity.
However, Beijing Film Studio thought Jia Zhengxi was making a mountain out of a molehill after learning his ideas. This made Jia Zhengxi both sad and angry. In 2000, Jia Zhengxi consulted a lawyer and filed a lawsuit against those who filmed and played TV series on the grounds of infringement of reputation.
Four-year appeal
Hebei "has a high incidence" to prove its heroic identity.
200 1 Baoding TV replayed the TV series Armed Behind the Enemy, and various discussions about Jia Zhengxi reached a climax again in the local area. The stubborn old man can't stand it any longer.
In the autumn of that year, he filed a complaint with the court, demanding that the three defendants, including Beijing Film Studio, stop the infringement, stop the broadcast of TV series, publish an apology statement in the major media in Hebei, eliminate the influence, make an apology, and compensate the economic and spiritual losses of 6.5438 million yuan.
On March 24, 2004, Jia Zhengxi, who had been waiting for several years, finally got the first-instance judgment made by Baoding Intermediate People's Court. The court held that "Armed Behind the Enemy" was a true story, reflecting the bloody battles of Zhao Yan children behind the enemy lines. Beiying adapted it into 20 TV series, giving the impression that Jia was dying in the battle with the Japanese aggressors, and the result was inconsistent with the facts and inaccurate. It had a great influence on Jia Zhengxi and caused great mental pain to Jia Zhengxi himself. The purpose of Northern Film and Television Company is to make profits, which objectively caused Jia Zhengxi's reputation decline and mental damage. There is an inevitable causal relationship between his behavior and Jia Zhengxi's damage results. Therefore, Beiying and Video Company should bear civil liability for Jia Zhengxi's damage. It ordered the Northern Film and Television Company to compensate Jia Zhengxi for RMB 2,000, and Baoding TV Station was the broadcasting unit, so it was not liable for compensation.
Unexpectedly, however, the judgment of the first instance did not quell the dispute of the protagonist's "life experience". Jia Zhengxi and all three defendants appealed. In view of the special status of the plaintiff Jia Zhengxi and the defendant, this case has attracted strong attention from the society and the media. The Higher People's Court of Hebei Province specially organized a collegial panel to investigate and hear the case.
On September 8, 2004, the dispute over the right of reputation was heard in the second instance of Hebei Higher People's Court. Jia Zhengxi and the agent of the second instance appeared in court, but the TV production company did not. In court, Jia Zhengxi had a heated debate with Beijing Film Studio and Baoding TV Station on whether there was any infringement.
Sun, Jia Zhengxi's agent and lawyer of Yingke Law Firm, is tit for tat: The drama Armed Behind the Enemy originated from the novel Armed Behind the Enemy, and the author Feng Zhi wrote a documentary work, and pointed out in the preface that Armed Behind the Enemy would be more appropriate if I wrote it; The characters in the book are all familiar to me, some are my superiors and some are my comrades. The drama "Armed Behind the Enemy" also announced to the public that it was a "true story reflecting the bloody battles of Zhao Yan's sons and daughters behind the enemy lines". Jia Zheng in the play is by no means a "condensed body" of an anti-Japanese hero, but a character with an independent name and image in novels and TV plays, which is unique, independent and continuous in reality and art.
The fact of Jia Zheng's sacrifice was fabricated by Beijing Film Factory in the form of script adaptation, and spread to the audience by the most extensive TV media through local TV stations. His behavior directly violated the stipulation in Article 10 1 of the General Principles of Civil Law that "it is forbidden to damage the reputation of citizens and legal persons by insulting or slandering", which constituted an infringement on Jia Zhengxi's reputation right. As a special red classic TV series, it is necessary for the shooting unit to understand the original plot and the basic fighting facts of the armed forces behind the enemy lines, which is also the most basic requirement for the shooting unit. "Literary creation is free, but the way to express freedom is limited and should be limited within the scope of not infringing on the interests of others. Carrying forward the national spirit should not be at the expense of personal reputation. "
After patient and meticulous investigation and evidence collection, the Higher People's Court of Hebei Province concluded that Jia Zhengxi was the Jia Zheng in the novel, and that the adaptation of Beijing Film Factory and other units had really affected the lives of the elderly, and asked two filming units to apologize to Jia Zhengxi and awarded compensation of 50,000 yuan for the loss of spiritual reputation.
After that, the Hebei Provincial High Court made a special trip to Wangcun, Yin Da Township, xushui county to visit Jia Zhengxi, and solemnly confirmed to the villagers that Jia Zhengxi was the hero of the anti-Japanese war in the name of the court.
Jia Zhengxi's life is calm again. Many villagers who misunderstood and talked about Jia Zhengxi in the past came to apologize to him. Not only the old people in the village, but also the younger generations are more convinced that Jia Zhengxi is a war hero who stepped off the movie screen. Jia Zhengxi, an old man who regained his former glory, has obviously improved his mental and physical condition. Although he is 85 years old, he is still busy at home every day. Going to school to make a report has also become the best way for him to recall the past bonfire years and cherish the memory of his comrades.
Five years have passed, and the final result is not satisfactory, but Jia Zhengxi is very pleased that the court can clarify the facts for himself. He said that this lawsuit is not only for personal reputation, but also to make people respect history more and comfort their comrades who died together.
This issue has attracted the attention of relevant departments, and the State Administration of Radio, Film and Television has successively issued a number of bans, including the Notice on Seriously Adapting Red Classic TV Series, to restrain and stop the problems existing in the adaptation of red classics. Excerpted from/article "Old Age in China".