A group of property owners in Chengdu tianfu New Area staged a “mock meeting” : the owners insulted the property management court on QQ and had to apologize publicly

2022-04-25 0 By

Now in the field of the Internet, even in the owner of the QQ group across the air to scold, will become a dispute over the right of reputation, a little attention, but also prone to lawsuits.On February 18, the reporter learned from chengdu Railway Transport First court (Chengdu Internet court) an owner and property management of personal rights, reputation rights dispute case, case parties for chengdu Tianfu New District property owners Zeng mou and Shi Mou.Among them, Ceng in the owner of the QQ group abusive history, eventually, the court ruled ceng in the owner of the group publicly apologize to the history, the reason for which, but also from the two for property management, rent collection and other aspects of the dispute.Shi mou and Zeng Mou both work in a property in Tianfu New District, and they used to be members of the “owners’ Congress”, responsible for the rental of the property’s shops and rent collection, the use of public areas and property management.Because both sides produce conflict in management process dispute, ceng mou exits owner congress.Later, history and her owners and established a new property management company, in the process of management and including ceng, part of the owners dispute, now the property elected a new owner’s congress, Ceng is the representative of the new owners.However, the dispute between the owners has not been solved for a long time in terms of property management.Zeng mou submitted a joint letter signed by 50 owners to prove that because of the property management problem, Zeng Mou and Shi Mou and the long-standing disputes between the owners.Shi said that in May 2021 to June, Zeng repeatedly in the owner of the QQ group posted slander, slander, abuse her words, resulting in these slandering, insulting, defamatory malicious words, in a number of QQ groups, wechat groups were forwarded.Ceng continuous abuse, slander history for two years, to her personal rights, reputation rights carried out extremely vicious insult and slander, resulting in her spirit, physical and mental fuzzy can not work and life normally, seriously violated her legitimate rights and interests.But Zeng thought that he would scold her because Shi mou and his friends insulted her first, belonging to the cause.Both parties in the case are owners, because of the history of a long time in property management, shop rental and other matters damage the interests of owners, Zeng to maintain the interests of the majority of owners several times to publicly oppose, resulting in history of her hatred, the two sides of the conflict for a long time;Zeng’s behavior did not cause any loss to Shi.Zeng also said for example, Shi mou in 2020 many times in public to her abuse, the cause of the dispute is also a number of partners of Shi Mou, collective abuse of Zeng was unbearable to fight back;The case involved a number of QQ groups, wechat groups inside the personnel are owners, the number of completely overlapping, the scope of influence of the behavior is limited, “Zeng’s behavior will not cause shi’s social evaluation reduced.”The focus of the dispute:Network abuse also need to submit written evidence to prove that Zeng also believes that history as the general leader of the industry, due to dissatisfaction with Zeng to maintain the rights of the majority of owners of their damage to the rights of the owners of the behavior of several open opposition, and many times in the owners of the assembly open abuse I “ever mad” and other insulting language,Is through the other person’s mobile phone in QQ group voice abuse her “people are not as good as pigs and dogs”.And when conflicts arise with others, he often compares himself with them and makes verbal threats to them. “He also instructed her to verbally abuse Zeng and her husband anonymously in QQ groups for a long time.”This reason, Shi mou does not agree.She said that she had not insulted or slandered Zeng in public places, nor had she committed any apparent infringement. “Since there is no infringement, there is no apology or compensation for mental damage. Zeng is wasting judicial resources.”In the course of the lawsuit, both sides of the original defendant have applied for a number of witnesses to testify in court, and all witnesses are owners of the community.Zeng claimed that the history of abuse its “zeng madman” “people are not, as pigs and dogs” did not submit written evidence, the submitted audio materials are repurposed and spliced together, it is difficult to identify the specific content of audio and speech at the trial of the object.Therefore, the court ruled that zeng mou within 10 days from the effective date of the judgment to the owner group to shi mou apology statement (apology content must be reviewed by the court in advance, apology content retained at least 3 days);Reject the history of other lawsuit request, and reject ceng all lawsuit request.Wu Ting, deputy chief judge of the Chengdu Internet Court, said online chat groups, as a platform for information exchange, are open and spread easily, fast and widely.The remarks made by the infringer in the owner’s chat group cause the public dissemination of relevant information and trigger others’ suspicion and speculation on the character of the infringed, which is enough to make the public have a bad impression on the credit and character of the infringed and reduce their social evaluation.Infringing upon others’ right of reputation by means of insult shall be stipulated in Article 1024 of the Civil Code of the People’s Republic of China: “Civil subjects enjoy the right of reputation.No organization or individual shall infringe upon the right of reputation of others by means of insult or libel.Reputation is a social evaluation of a civil subject’s morality, reputation, ability and credit.”No plea is established on the ground of being abused first.The tortfeasor claims that he was abused first, but the subject of the abuse is not the tortfeasor himself, and the behavior of the people around the tortfeasor cannot be equated with the tortfeasor himself.Step back, even if the two sides have other conflicts or bitterness, the infringer in chat groups insulted by the infringer of language, words, behavior has obvious exceeds the limits of necessity and reasonable way, so the party put forward the opinion, does not affect its infringement, tort liability cannot be as exempt itself.Personal opinion statements do not constitute infringement.As the expression of subjective attitude, the infringer is the value judgment based on the fact. The value judgment will show different performance states due to the individual’s knowledge level, emotional likes and dislikes, moral level and other factors, and cannot be tested for authenticity.The sharp words of the infringer make the infringer unhappy, but they are not insulting and should not be considered as infringement of reputation rights.”The case was caused by the conflict between the landlord and the rental management of the property. The landlord was originally a community of interests and jointly managed the property to safeguard the owner’s rights and interests.The improper words between different owners, including the parties involved in the case, have repeatedly appeared in the owner group, which goes against the traditional virtue of being kind to others, and objectively destroys the friendship between neighbors and is not conducive to unity.”Source: Cover News Editor: Li Yingxuan