Judgment
On September 19, 2017, the Beijing Shunyi District People's Court made civil judgment
[2017] Jing 0113 Min Chu No.5491: 1. the defendant Zhao Min shall, within seven days
from the effective date of this judgment, extend a formal apology to the plaintiffs, Huang
Xiaolan and Beijing Lanshida Optoelectronic Technology Co., Ltd., through posting an
apology statement in X House, Shunyi District for a duration of seven days, and the
apology content must be reviewed by the court; in the case of failure to execute the
above-mentioned content within the prescribed time limit, the court would post the
content of this judgment in full text on the said address; 2. the defendant Zhao Min shall,
within seven days from the effective date of this judgment, compensate the plaintiff,
Beijing Lanshida Optoelectronic Technology Co., Ltd., for its economic loss of CNY3,000;
3. the defendant, Zhao Min, shall, within seven days from the effective date of this
judgment, compensate the plaintiff Huang Xiaolan for mental damage consolation of
CNY2,000; and 4. other claims of the plaintiffs, Huang Xiaolan and Beijing Lanshida
Optoelectronic Technology Co., Ltd., were rejected. After the judgment was pronounced,
Zhao Min filed an appeal. On January 31, 2018, the Beijing No.3 Intermediate People's
Court made civil judgment [2018] Jing 03 Min Zhong No.725: the appeal was dismissed
and the original judgment was affirmed.
Judgment Reasons
The court held in the effective judgment that the right to reputation was a right legally
enjoyed by civil subjects to defend their own reputation and eliminate torts from other
persons. Civil subjects include not only natural persons, but also legal persons and other
organizations. As prescribed in Article 101 of the General Principles of the Civil Law of
the People's Republic of China, each citizen and legal person enjoy the right to reputation,
each citizen's human dignity is protected by the law, and it is prohibited to damage the
reputation of any citizen or legal person by means of insulting, slandering, etc.
The issue in dispute in this case was whether the defendant Zhao Min's speeches on the
plaintiffs, Huang Xiaolan and Lanshida Company, delivered in the WeChat groups
constituted a tort of right to reputation. There are four constituent elements of traditional
tort of right to reputation, i.e., the victim definitely suffers from reputation damage as a
fact, the perpetrator commits illegal acts, there is a chain of causality between the illegal
acts and the consequence of damage, and the perpetrator is at fault subjectively. To
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