2012年3月16日星期五

china electronics wholesaleThe painter Fan Ceng sued the criticism of the article to encroach reputa

In new network Beijing onSeptember 6 report ( reporter should Ni ) painter Fan Ceng v. Guo Qingxiang of reputation infringement trial 6 days afternoon in the Beijing first intermediate people court held court .
In two hours after the conversation, the judge announced that he would not let the court ,waiting for the second trial .According to the civil procedure law in 152, the people shall form a collegial panel to a case on appeal ,the court .
After checking and investigation ,ask the parties ,after verification of the facts ,the collegial panel considers that it is not necessary to conduct a trial, can also be directly judgment ,ruling .
Today afternoon program is the law of ask the parties ,namely the sides of the court .Fan Ceng and Guo Qingxiang on the same day, were not attending court conversation ,by their respective agents lawyers .
According to agent Guo Qingxiang Fu Min Rong law introduced ,the conversation is a full court hearings ,judge inform both parties of the litigation rights of the parties, to ask whether the application for withdrawal ,followed by a court investigation ,allowing both agents have been three rounds of debate ,asked the parties agent does not mediate intention ,inform the verdict date .
In mediation ,he said he did not agree that the mediation .During the debate ,both agents the existence of line facts ,derogatory is equal to the insult ,whether Guo Qingxiang has subjective malicious ,Fan Ceng evaluation whether reduced the debate .
In Fan Ceng the existence of line facts ,Fan Ceng agent said ,Guo Qingxiang the trial that he 15 years ago to see Fan Ceng assembly line is untenable ,because at the time of Fan Ceng studio only 20 square meters, does not have the assembly-line conditions .
Guo Qingxiang agent said ,assembly line is Guo Qingxiang see ,witness testimony of Zhao Gang ,Fan Ceng is also the disciple Cui Zimo website photos ,irrefutable evidence ,but the studio size and he assembly-line relationship .
In derogatory is equal to the insult ,Fan Ceng that of the agent ,Guo Qingxiang mentioned in the article ,hero , with oneself ,false ,any rational person would be considered insulting ,demeaning personality .
Guo Qingxiang agents think ,derogatory is not equal to insult ,any comments are different ,should distinguish between facts and opinions, opinion expression is free ,negative evaluation if equal to insult is a violation of free speech principle in the constitution .
At the same time ,in 6 days of talks, Guo Qingxiang agents to court to submit a new evidence ,it was after the verdicts attorney Fan Ceng of Beijing evening news reporter Xue received a report ,which said that Fan Ceng and Guo Qingxiang Xue Qiu-Hong clear in the case without personal .
Rich lawyers said ,in the second show this new evidence to prove ,Guo Qingxiang wrote literary articles ,not deliberately undermine Fan Ceng motivation ,namely the subjective harmless .
The court of first instance to both have trade relationship that is not purely literary criticism ,the purpose is to show the transaction with a grudge, the evidence to support both sides believe that no grudges ,the trial court is wrong .
In addition ,in the first instance of the Wen Wei Po with appeal .The lawyer said ,although the first-instance not recognized the Wen Wei Po shall assume any responsibility, but the court verdict that Wen Wei Po not due diligence obligation ,has some fault, such a sentence is not reasonable .
Wen Wei Po is to appeal ,to defend the media published including literary criticism ,public opinion supervision right .Guo Qingxiang said ,if the second not commute, he also carried out in accordance with the complaint .
He said that we must seek an explanation ,i.e., literary criticism ,academic contention and reputation tort law .Where on earth .Whether lawsuit win, he will continue to write articles on the works of Fan Ceng criticism ,Fan Ceng line of products is the ordinary commodity ,can never become works of art ,his these things will be driven out of art market .
Time is the best judge .Prior to this ,at the end of 6 and August ,the Beijing-Shanghai are carried out in order to literary criticism ,academic contention and reputation tort as the theme of the seminar .
Renmin University of China civil and commercial legal science research center director Yang Lixin bluntly ,comment when they do not involve human dignity is not infringement ,if the truth problem, as long as it is not inconsistent with the facts not tort .
In involving the public ,china whole sale,on academic criticism and reputation right conflict and protection by use of the standard ,china electronics wholesale,is in general standard basis to improve some of the .Therefore ,Fan Ceng and Guo Qingxiang case ,Guo is a legitimate criticism ,do not form tort .
Shanghai famous old newspaperman Ding Fazhang thinks ,now the literary and art circles in many seminars are basically sing paean, Hello everyone I am very bad ,forming an atmosphere .Central high level also on the current literary critics state made written instructions ,that advocated the literary and art criticism, cultural circles ,to curb the vulgar, bring forth the new through the old self education ,the healthy development of the pursuit of mechanism .
In this case ,collectors break stereotypes to the author ,not criticized Fan Ceng for literary creation irresponsible ;Wen Wei Po in academic edition published such a contend article ,is at just the right time ,this article is not too much, but too little .

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