Shanghai City, Jingan District people's law Institute

Civil judgment

(2009) static people (people) at the beginning of the word no. 779th

Plaintiff: Xu Dawen, female, born 14 May 1926, the Han nationality, live in the city of Shanghai Jiangning road 83, Lane 4, room 501.

Agent Qin Ying, female, born 15 April 1986, Manchu, live in the city of Shanghai Jingan District Fumin road 255 Lane 7, room 406.

Attorney fulvic Rong, Shanghai city Xinwenhui lawyer.

Defendant: Song Zude, male, born 24 August 1968, the Han nationality, living in Guangdong Province Guangzhou city Liwan District Yuecheng Road 15, room 902.

Attorney: Cen Junjie, lawyer of Shanghai Asia Pacific the Great Wall.

Attorney: Cui Yong, lawyer of Jiangsu East region.

Defendant: Liu Xinda, male, born 24 August 1968, the Han nationality, Shanghai City South Shuicheng Road 51 Lane 42, room 401.

Attorney: Cen Junjie, lawyer of Shanghai Asia Pacific the Great Wall.

Attorney: Cui Yong, lawyer of Jiangsu East region.

The plaintiff Xu Dawen as a case and the defendant Song Zude, Liu Xinda's reputation dispute, in 2009 February 23 to the lawsuit to the court. The court, a collegial panel, in August 12, 2009 to conduct a public trial. Xu Dawen's agent Fu Minrong, accused Song Zude and Liu Xinda of the entrusted agent Cui Yong to take part in the proceedings. Now the trial has been closed.

The plaintiff Xu Dawen claims, the two defendant out of thin air, continuous posting malicious slander slander the late renowned director Xie Jin's reputation, the request of the ruling two defendants to immediately stop the infringement and to withdraw its infringement on NetEase Sina, Sohu, etc., Tencent blog; striking position ordered the two defendants in NetEase Sina, Sohu, Tencent, website and QiLu TV station of the city, West China Daily, Beijing, Chengdu Business Daily, Al Hayat, Tianfu morning paper, Yangzi Evening News and other media published publicly apologize to the plaintiff; ordered the two defendants to jointly compensate the plaintiff, the direct economic loss of 100000 yuan (the following currencies are RMB) and mental injury solatium 400000 yuan.

The defendant Song Zude, Liu Xinda argued that the two defendants, not to the website upload in the blog, the plaintiff sued the two defendants are disqualified, provide evidence can not prove that the two accused of infringement was established, the amount of compensation and the proposed without legal basis, therefore, although the two accused laissez faire was published blog impersonate other consequences, but the consequences of the violation of the case is not treated, should all claims rejected the plaintiff.

In this case the parties have dispute over the facts, the court for confirmation:

The Department of the late director Xie Jin's wife. At five thirty on the afternoon of October 17, 2008, Xie Jin was in the Zhejiang province Shangyu Chunhui middle school centennial celebration in Shangyu Kokusai Hotel room 1909. At about six that night, Xie Jin in Chunhui middle school arrangement to the hotel buffet dinner. After the meal, Xie Jin back to the room to rest. At about 1 am the next day, Xie Jin because of sudden cardiac death, died in Hotel rooms. In Xie Jin back to the room to the next morning eight when before and after, in addition to a hotel waiter Xie Jin for its close footlights after exiting the room, without other persons and the Shangyu Kokusai Hotel room 1909. During the period from October 17, 2008 to 18, Shangyu Kokusai Hotel room 1909 left and right sides of the adjacent room guests are not the defendant Liu Xinda.

After the death of Xie Jin, the defendant Song Zude opened Sina, Sohu blog, Tencent disclosed in "don't learn Xie Jin die like this!", "Xie Jin and Liu Xiaoqing in the overseas have a severe cerebral palsy of the illegitimate child of Xie Yuqing! "," China Film Association four association should give thanks the old pad coffin bottom! "," Li * * man turned out to be individual sadist! "," 2008 10 mad list announced in advance "five blog posts; the defendant Liu Xinda opened Sohu, NetEase open blog appeared in the" will Liu Xinda witness Xie Jin to death, bad sites somehow black box operation from the blog? "," beauty is Li * * * "," Song Zude's daughter by fulfilling prophecy! "Song Zude," the 22 accurate predictions! "Four blog posts.

Court trial, the defendant only two raised an objection to the people involved in the blog article published, the blog content that is the cause of death and Xie Jin Xie Jin and others have non authenticity does not object to the illegitimate child.

The main issues of this case is the defendant Song Zude, Liu Xinda has no infringement behavior of Xie Jin.

Consider the plaintiff, defendant Song Zude to open in Sina, Sohu, Tencent.com blog upload "don't learn Xie Jin die like this!" in five articles in the blog, the blog article according to spread rumours to injure others'reputation without Xie Jin, Liu Xinda accused Song Zude claimed that its source in the Xie Jin adjacent room, in addition the defendant Song Zude Xie Jin for libel with the famous actor Liu Xiaoqing illegitimate child; the defendant Liu Xinda to open the blog posted "Liu Xinda is willing to testify Xie Jin to death, bad sites somehow black box operation from the blog? "In four articles in the blog article, malicious slander Xie Jin echoed with the defendant Song Zude's reputation.

The burden of proof of plaintiff in five groups of evidence:

The first group to prove that the defendant Song Zude published evidence blog posts and comments of the infringement of the reputation of Xie Jin:

1 Shanghai orient notary public in November 25, 2008 issued (2008) Hudong card through 6957th and 6958 certificate, to prove that the defendant Song Zude to open the Sina blog, Sohu blog Tencent blog and upload "don't learn Xie Jin die like this!" one article, article thanks Jin died suddenly of whoring;

2 Shanghai orient notary public in November 25, 2008 issued (2008) Hudong card through 6957th and 6958 certificate, to prove that the defendant Song Zude to open the Sina blog, Sohu blog Tencent blog and upload "bastard son Xie Jinhe Liu Xiaoqing had a severe cerebral palsy in overseas Xie Yu Qing!" one article, the article said Xie Jin and actor Liu Xiaoqing have an illegitimate child Xie Yuqing, foster in overseas;

3 Shanghai orient notary public in December 2, 2008 issued (2008) Hudong card through 7205th certificate, to prove that the defendant Song Zude to open the Sina blog upload "Chinese Film Association four association should give thanks the old pad coffin bottom!" one article, the article says it inadvertently revealed the true cause of death of Xie Jin, also requires the plaintiff to apologize;

4 Shanghai orient notary public in December 2, 2008 issued (2008) Hudong card through 7205th certificate, to prove that the defendant Song Zude to open the Sina blog upload "Li * * man turned out to be personality sadism! "One article, the paper said Xie Jin's death is sudden death;

5 Shanghai orient notary public in December 25, 2008 issued (2008) Hudong card through 7695th certificate, to prove that the defendant Song Zude to open the Sina blog upload "2008 10 mad list announced in advance" of a text, the paper said Liu Xiaoqing biting old artist not to put, also accurately predicted Xie Jin event;

6 QiLu TV certification and according to a October 28, 2008 QiLu TV "Daily News" reported that "big mouth Song Zude said Xie Jin and Liu Xiaoqing have the illegitimate child, again is not" recorded video discs and (2008) Hudong card through 6960th certificate, proof of Song Zude said in an interview with conclusive evidence to write in the blog;

7 Chengdu Daily Agency issued in October 30, 2008, "Chengdu Business Daily" published "" parties "difficult to make out a good case, Song Zude has not made? "And (2008) Hudong card through 6964th certificate, a reporter to interview the defendant Song Zude recordings, to prove that the defendant Song Zude was director of Management Department of SARFT media public criticism in the blog post, the defendant Song Zude told an apology for not receiving daily reporter, has to send lawyer letter demanded compensation of 10000 yuan; the defendant Song Zude to reporters said the content from the Liu Xinda accused the Xie Jin hotel in adjacent rooms;

Proof and November 18, 2008 "issued 8 Tianfu morning paper news agency Tianfuzaobao" published the twenty-fourth edition of the "four big movie called" blocked the Song Zude Association of articles, to prove that the defendant Song Zude in a telephone interview with reporters said "I say something that is true, I still would like this to tell you the truth, not what changed";

West China city newspaper issued 9 certificates and November 14, 2008 Huaxi Dushi Bao "sued Song Zude, Xie family would not only prove apology", in a telephone interview with reporters told Song Zude said "if Xu Dawen to court, I lift both hands to welcome", "my evidence has been a notary office";

Certificate issued by Yangzi Evening News Agency, 10 October 30, 2008 "Yangzi Evening News" A23 version of entertainment news published "SARFT: remove an evil member of the herd", to prove that the defendant Song Zude in a telephone interview with reporters called in the purification of entertainment;

In November 15, 2008 11 "proof and issued by the Heilongjiang daily newspaper group life newspaper life newspaper" entertainment version of the twentieth edition published "the widow of Xie Jin vowed to his wife for innocence, Song Zude:" come on, proving that the defendant Song Zude in a telephone interview with reporters, said the fear of the defendant, the USA friend to provide a lot of evidence, when necessary, will appear in court the testimony;

12 the plaintiff applies for the QiLu TV reporter Zhou Xin to testify in court. Zhou Xin appeared in court to prove the October 28, 2008 QiLu TV "Daily News" reported "big mouth Song Zude said Xie Jin and Liu Xiaoqing have illegitimate child, again is not" program at its production, because the defendant Song Zude in Qilu TV recording program, the defendant Song Zude from the television director office telephone: 13808869530 mobile phone number, interviewed by telephone recording the defendant Song Zude, Song Zude made a statement on the programme. Second groups of evidence that Liu Xiaoqing issued the statement "I", to prove the absence of Xie Jin and Liu Xiaoqing have the illegitimate child of the facts.

The third group to prove that the defendant Liu Xinda published evidence blog posts and comments of the infringement of the reputation of Xie Jin:

1 Shanghai orient notary public in November 25, 2008 issued (2008) Hudong card through 6959th certificate, to prove that the defendant Liu Xinda to the opening of the Sohu blog upload "Liu Xinda is willing to testify Xie Jin to death, bad sites somehow black box operation from the blog? "One article, article called Xie Jin because prostitutes and sudden death;

2 Shanghai orient notary public in December 2, 2008 issued (2008) Hudong card through 7203rd certificate, to prove that the defendant Liu Xinda to the opening of the Sohu blog upload "Liu Xinda: the United States * is * * daughter Lee, a picture is taken by me", the article said that Liu Xinda "here incidentally, before Xie Jin things, these are the real thing...... ";

3 Shanghai orient notary public in December 25, 2008 issued (2008) Hudong card through 7779th certificate, to prove that the defendant Liu Xinda to the opening of the Sohu blog upload "Song Zude prophecy fulfilled at all!" one article, the predicted thirteen said "thank old" Liu Xiaoqing illegitimate child in overseas;

4 Shanghai orient notary public in May 5, 2009 issued (2009) Hudong card through 4081st certificate, to prove that the defendant Liu Xinda to the opening of the NetEase blog upload "Song Zude's 22 accurate predictions! "One article, the article said the defendant Liu Xinda personally to overseas to see Xie Jin's illegitimate child;

5 Chengdu Daily Agency issued in October 30, 2008, "Chengdu Business Daily" published "" parties "difficult to make out a good case, Song Zude has not made? "And an interview with reporters accused Liu Xinda of recording, to prove that the defendant said Liu Xinda was living in Xie Jin staying at the hotel adjacent rooms, inadvertently night of recording.

Fourth groups of evidence that the plaintiff did the defendant Song Zude and Liu Xinda blog traffic statistics, prove that the two accused published in the blog, click rate and amount of the blog post is very huge, in the input "Xie Jin" and "Song Zude" two words, Google search display related Webpage 300000 pages, Baidu search display Webpage 3540000 pages, Yahoo! Search display related Webpage nearly 700000 pages, Sohu search display related Webpage 7380000 pages, the two defendants published the blog enough to disrupt the audio-visual, causing serious damage to Xie Jin;

Fifth groups of evidential materials for the two defendant implementation of the tort liability caused by the economic loss and two the defendant shall bear the:

1 the notarization fee invoice 3 meter 17000 yuan, that the article published evidence for fixing the two defendant, the plaintiff paid the amount of the notary fees;

2 data query bill 15 meter 157 yuan, proved to be the address of the query, the cost of expenditure;

3 postage and evidence of binding production billing document 7 tickets 697 yuan, to prove that the plaintiff by the lawyer to deputies reflected happens costs 154 yuan, making the case evidence to charge 543 yuan;

4 parking and taxi documents 41 meter 812 yuan, prove to collect evidence in this case, the plaintiff by the expenditure of passenger vehicles and parking fee;

5 travel related certificate number of plan 30607.78 yuan, to prove that the plaintiff to the media at the expense of evidence;

6 counsel fees 50000 yuan, to prove that the plaintiff lawyers litigation expenses;

7 witnesses Zhou Xin from Shanghai the transportation, accommodation and catering invoices, proof of the witnesses for the associated costs 2372 yuan.

In addition, the plaintiffs also required to quote the two defendants to the court to provide notarized by the Guangzhou municipal notarial office accused Song Zude Sina blog notary book (Department of photocopy), to prove that the defendant Song Zude did publish the article. The notary book shows, in the Sina blog is "don't learn to thank old die like this!" and "thank old and Aunt Liu overseas have an illegitimate child with severe cerebral palsy!" two articles, which are so dead and "don't learn Xie Jin! "," Xie Jin and Liu Xiaoqing in the overseas have an illegitimate child with severe cerebral palsy is basically the same as Xie Yuqing! ".

The defendant Song Zude, Liu Xinda said not upload in the blog article, the plaintiff's burden of proof also failed to prove the defendant has accepted the media reporters telephone interviews.

The defendant is to withdraw the certificate issued by the Guangzhou notary public office had proof.

For the truth except Liu Xiaoqing issued statements evidence the plaintiff's proof, two defendants were said had no objection, but the relation that have the objection, that: (1) in the two defendants in the Department for blog blog is a fact; (2) the two defendant blog has repeatedly suffered "hackers", has been under articles published blog precedent, so the blog article published non two defendants; (3) the recording sound can be synthesized, two whether the defendant received media accused agents have not verified; (4) Liu Xiaoqing issued a "statement" I belong to the testimony of a witness in court, the burden of proof, and the witness is not to testify in court, should not be adopted as evidence; (5) the evidence about prove tort consequences and economic losses, the two defendants to the true statistical data and scientific objection, that the number of clicks on the blog can be revised; 100 yuan remittance character witness fees should not be included in the scope of compensation, give Shangyu Kokusai Hotel is not clear, some postage no sender name and has nothing to do with the case, in addition, Beijing Dongchen Hotel, guest house in Beijing, Sichuan, Harbin accommodation invoice shows The plaintiff's attorney fees day amounted to 600 yuan, or even more than 1000 yuan, belong to high. No objection to the evidence material in addition to two.

The opinion of this court, the plaintiff produced from the two defendant blog article has demonstrated is associated with the two defendant, the court makes issued by Shanghai Oriental Notary Office (2008) 6957th, 6958 East permit by the word, 6959, 6960, 6964, 7203, 7205, 7695, 7779, and (2009) the Hudong card through 4081st notarization has relevance and the case of disputes, that the evidence of the effectiveness of the adopted; the QiLu TV reporter Zhou Xin to testify that the process of the interview, Zhou Xin has a reasonable explanation for the accused made Song Zude a phone number, witness testimony is true and reliable, the court accepted a telephone interview about; the reporter's written proof of QiLu TV certification and the video data, Chengdu Business Daily, Huaxi Tianfuzaobao news agency, city newspaper, Yangzi Evening News and the Heilongjiang daily newspaper group and Chengdu business daily life newspaper issued by the agency to provide sound recording as evidence, and the two defendants in the blog content, can confirm each other, have connection with the case of disputes, the Institute shall adopt. A copy of the certificate to the point of Guangzhou City notarization proof issued by the court, although the defendant said no longer presented as evidence, but the plaintiff in the certificate of no objection, the hospital on the two post the notary documents display name was changed to prove effective part of the accepted. About Liu Xiaoqing issued "my statement", the witness not to testify in court, but was told not to Liu Xiaoqing the statement expressed opposition, the Institute of the evidence to be adopted. The economic loss of material evidence about the two defendants without objection, the court accepted; a witness fees, belonging to legal treatment scope, it was accepted by the court; surveillance video replication costs and to the media for certifying the postage costs, reasonable evidence of cost, the amount paid in the normal and reasonable range, the Institute also be adopted; as for accommodation costs, because the plaintiff agents air tickets and exchanges each other, and accommodation is one-time billing payment, therefore the dispute room accommodation is not the cost of one day, two the defendant of the high cost of no objection to the establishment, validity of this hospital evidence on the accommodation expenses shall be adopted. As for the burden of proof of plaintiff's blog traffic and thread statistics, because the plaintiff to acquisition, the hospital is difficult to confirm.

Based on the above evidence, the court recognized the fact:

The day after Xie Jin died in October 19, 2008, the defendant Song Zude to open sina.com.cn blog upload "don't learn Xie Jin die like this! ("was renamed" don't learn to thank old dead! ") of a text, the article said that Xie Jin died due to sudden death. October 23, 2008, the defendant Song Zude once again to the Sina blog upload "Xie Jin and Liu Xiaoqing had an illegitimate child with severe cerebral palsy Xie Yuqing in overseas!" (after being renamed "thank old and Aunt Liu overseas have an illegitimate child with severe cerebral palsy!") of a text, the article said that Xie Jin and Liu Xiaoqing in the overseas education has a the illegitimate child with severe cerebral palsy. In October 28th the same year, the defendant Song Zude the two blog posts and upload to the opening, Tencent.com Sohu blog. November 18, 2008, the defendant Song Zude to open the Sina blog upload "Chinese Film Association four association should give thanks the old pad coffin bottom!" one article, the article said "respect for the dead, from the point of view of humanism, Zu De Gong said 'thank old.'". In November 20, 2008 and December 12th of the same year, the defendant Song Zude to open the Sina blog upload containing repeating the blog view content "Li * * man turned out to be personality sadism! "," 2008 10 mad list announced in advance "two articles.

In October 28, 2008 and November 4th of the same year, the defendant Liu Xinda to sohu.com blogs of the opening were uploaded "Liu Xinda is willing to testify Xie Jin to death, bad sites somehow black box operation from the blog? "And" Liu Xinda: the United States * is * * daughter Lee, the photo is taken by me "two blog, thanks to the Jin event is the witness, is the real thing. In December 19, 2008 and May 5, 2009, the defendant Liu Xinda to the opening of the Sohu blog upload "15 big prophecy fulfilled Song Zude pieces!", to NetEase blog upload "Song Zude's 22 accurate predictions! "Two blog, called personally to overseas to see" Xie Jin illegitimate child".

In 2008, October to November, QiLu TV reporter Zhou Xin and City Chengdu Business Daily, new Beijing newspaper, Huaxi newspaper, Heilongjiang daily newspaper group life newspaper, Tianfu morning paper reporter has interviewed by telephone the defendant Song Zude, Song Zude said the defendant has conclusive evidence to dare to write the blog article, QiLu TV and all newspapers have to be reported. Chengdu Business newspaper reporter that in questioning the defendant Song Zude sources to the defendant Liu Xinda, also interviewed by telephone XinDa Liu, the defendant Liu Xinda says to the reporter, the told the defendant Song Zude, and made the blog content consistent description.

In October 28, 2008, Department of SARFT media director in "2008 film and television industry development forum and the television program will promote", the Song Zude blog in the article about public criticism of the Song Zude. The next day, the defendant Song Zude Sina blog appeared in a "Song Zude Sue SARFT official letter! "A paper. In October 30, 2008, Yangzi Evening News reporter to interview the defendant to the event after Song Zude published "SARFT: remove an evil member of the herd" one article, the defendant Song Zude said it was very unhappy to reporters, and said it was written by Xie Jin in the blog that there is some evidence.

The plaintiff argues that the two accused of infringement, commissioned by the Shanghai city Xinwenhui law firm as an agent to handle relevant matters concerned, pay the attorney fee 50000 yuan. A plaintiff in a notarized copy of the form of the fixed source involved in the blog post, to the city of Shanghai, the Oriental notary public notary fees paid 17000 yuan; Xie Jin died before and after investigation and evidence to the media, the cost of 24534.98 yuan. August 8, 2009, the plaintiff agents because the defendant in the Internet said plaintiff agents who live in expensive hotels and to Liu Xiaoqing and other evidence, and the assistant flew to Beijing, respectively, to Beijing and Inner Mongolia Hailar accommodation to forensics, spent a total of 7738.80 yuan (including Inner Mongolia to the work of Liu Xiaoqing evidence to charge 5657.40 yuan, 2081.40 yuan). In August 11, 2009, Zhou Xin passenger plane to Shanghai to witness to testify in court, back to Ji'nan in August 13th, during your transportation fees, accommodation 2372 yuan. The total cost of 101645.78 yuan, adjust the notarization fee amount after the plaintiff will claim compensation for 13500 yuan.

After the trial, certificate issued by the notary office in Nanjing City, Jiangsu Province, the Drum Tower Hospital received the agent to send, the certificate shows the applicant is East Jiangsu domain law firm, notarial content for the October 31, 2008 NetEase Press published "Song Zude blog by black hair cloth," Song Zude is bisexual "speech" and on the same day China news "blog published by black Song Zude request the police investigation, with media reports" courage "to" network news, called Song Zude because a blog of the opening in the morning of October 31st by purloin account password, it published articles in the blog published a "solemn statement".

The opinion of this court, reputation is the comprehensive evaluation of the social public to citizens or legal character, reputation, image and etc.. Citizens, legal persons shall enjoy the right of reputation, the personal dignity of citizens are protected by law, laws prohibit others insult, libel or other means to damage the reputation of citizens, legal persons. This case is an infringement of the reputation of the deceased cases, but the blog post said Xie Jin paying for sex lethal and others have illegitimate child are not facts, the two defendants not true for the content of the article did not raise objections, so the contents of the article are false, defamatory article. After the article was published, aroused wide concern, some people know the truth to see the blog article not only has a more detailed description, and ensure the authenticity and is willing to bear the legal responsibility of the so-called "special", have agreed on the article, so the blog articles, greatly reduce the social evaluation of Xie Jin Xie Jin's reputation, infringement.