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This is one of the Pure Land school, teachers preaching Tuition, ask students to learn knowledge, thereby forming a positive interaction in order to achieve the purpose of teaching and learning. However, an infringement lawsuit puts a university stir into the whirlpool of litigation among. Teachers ton of bricks, promise to be in the end the lawsuit; students are depressed, unmotivated.
Recently, the Shanghai Songjiang District People's Court of Shanghai Institute of Foreign Trade teacher Feng Juan (a pseudonym) v Wu Qi (a pseudonym) reputation infringement case first instance verdict, dismissed the plaintiff's claim.
Court ruled that Hu Qi in the network between users log on with the debate, although inappropriate, but it is only my personal opinion, does not affect the social evaluation of the plaintiff.
May 10, the defendant's agent,new york hollister free hollister shipping, Shanghai New Wenhui Lawyer Min Rong Fu told reporters, the case is Shanghai's first university teachers v students reputation infringement case, the judgment of the case will serve as a model for future such disputes effect.
Competition between the two taekwondo bodies
September 2007, as the Shanghai Institute of Foreign Trade taekwondo club president, Hu Qi encountered an unexpected situation when satisfied that the new activities: at the same time as many other organizations are also satisfied that the new taekwondo.
The more you ask, the Hu Wizards understand: the original, the school set up a new one Taekwondo Poomsae Team (school team) and interest groups, the Sports Ministry Feng Juan teacher discretionary management, hiring Shanghai Ning Yubo force Taekwondo coach as coach.
Hu Qi said: "Some elective physical education student teacher, said Feng Feng teacher in the classroom for interest groups to do publicity, recommend everyone to attend, and promised in Riga minute sports scores."
"This is so unfair!" Hu odd and taekwondo clubs faithful community seems no doubt that there interest groups influenced the development of taekwondo club. "Compared with the past,http://www.xmxj.com.cn/bbs/home.php?mod=space&uid=62734, recruit new three percent decline in the number."
Later, after some investigation, Hu Qi believes interest groups in the management of "very confusing." "My friends and community discovery, registration training, the students did not receive any invoices, receipts or school vouchers."
Last March, Hu Qi faithful have visited the school and community related departments, "discussing." League leaders help them to school, have no right to interfere in the defendant; They have also told a vice president signed a letter, but nothing.
Students write access logs alleged infringement
After failing to find a school to say, in late May 2008, Hu Qi on their home campus network published entitled "About two taekwondo school groups ......" log, indicating Foreign Trade College Taekwondo Club and Feng teacher responsible The difference between interest groups and the school team.
After logging issue, there are interest groups and school team members leave comments, spreading rumors criticizing Hu Qi, Hu Feng Qi questioned the teacher recruitment "economic loss" in the discussion.
"You may think Feng is not wrong, but as far as I know,http://www.yaxon.com:800/bbs/forum.php?mod=viewthread&tid=768565, you know where the money to the students ......"
"...... That is how much kickbacks von teacher, you are not necessarily want me to say?!"
"My philosophy is that we do community play together, as 'training' over there ...... maybe people's goal is to dominate the country,http://www.ftcw.net/bbs/home.php?mod=space&uid=1556213&do=blog&quickforward=1&id=3508472, perhaps to make trouble tertiary industry, perhaps ......"
Hu Qi in the post these comments, Feng Juan soon attracted attention,http://www.xiaocounty.com/thread-1030757-1-1.html, and soon he will be under pressure from the school.
"A month later, counselor came to me and wanted me to withdraw post a public apology to Feng teacher." Hu Qi said, "then I immediately delete the log, but I did nothing wrong, a public apology is impossible."
Stubborn Huqi Jian who think he is right,http://www.sec-chip.com/forum.php?mod=viewthread&tid=464840, but he did not know, a lawsuit was waiting for him.
September 2008, Feng Juan filed a lawsuit to Shanghai's Songjiang District People's Court, sued the Law School third-grade students with Hu odd against its reputation.
Min Rong Fu lawyer told reporters after the respondent received notice that he had made contact with Feng Juan, I want her to give up the lawsuit, do not dispute the campus expansion, but was declined. After that, Min Rong Fu has twice sent letters to president and party secretary of Shanghai Institute of Foreign Trade, pointed out that, after all, is a student studying for school, the school hopes to come forward to mobilize teachers withdrawal, to avoid deterioration of the situation. However, these efforts have not been hearing from schools.
Court rejected the plaintiff
March 3, 2009, Songjiang District Court conducted a hearing on the case.
The plaintiff that the defendant accused the plaintiff in its log "to engage in marketing", "kickbacks", "engage in the tertiary industry," there is no basis in fact, a violation of its reputation, resulting in a lower social evaluation of the plaintiff.
In this regard, Fu Min Rong lawyers said the plaintiffs to post only to the "not counting" approach raised questions about the contents of the case, no slander framed, and thus does not constitute a violation of the right of reputation.
On the invoice issue, the plaintiff explained, "is not no invoice, but in the hands of the Minister of the Department of Physical Education, leadership does not give me, I have no idea."
Hu Qi believes that the school site for personal blog type websites have privacy protection system,http://www.shenmilu.com/home.php?mod=space&uid=561862, and only friends can see before. Due to pressure from the Ministry of Physical Education and school counselors persuasion, and soon withdraw posts,http://www.smxhw.net/home.php?mod=space&uid=258593, can not result in lower social evaluation von teacher.
Min Rong Fu lawyer further pointed out that the school itself is a violation interest groups do taekwondo department of education regulations.
The plaintiff argued that interest groups are allowed to set up and manage the school, charges run classes not individual behavior,http://www.gystocks.com/bbs/home.php?mod=space&uid=9488, whether the violation she did not know.
Court in the verdict that the network log evidence submitted by the plaintiff without notarization, therefore not certified its authenticity. Even if the network log is true, it is only the defendant in a debate with friends during some personal views. During the same time, the plaintiff is responsible for the school team and taekwondo Taekwondo Poomsae interest groups for outstanding achievements in the school's record merit awards won, it acquired social evaluation plaintiff not actually reduced. Therefore, the plaintiff's claims are not supported.
Looking for the best way to defend their rights
Commentary
Zhang Liang
Defamation dispute in modern society is common, but every day there are probably thousands of pieces into the proceedings. The reason why this case has aroused widespread concern in society, in that it takes place between a pair of special subject.
One value of a college existence is reserved for social conscience and thought. Based on this, the university and its teachers, there should be broad-minded, able to accommodate criticism and dissent.
On the right, teachers should teach students: it is not a gift, is the need to actively seek, you may make the cost to life if necessary. However, when attacked by the students of his own, he must be able to be tolerant to diversity of. Because he is a man teacher, he was tall and how to shape what is lowly standard in the minds of students, he wants to demonstrate to students, a true citizen is how seriously both its own right but also good at forgiving others for their misunderstanding The.
The true meaning of the rule of law, not a combative culture gene citizens, but to achieve a harmonious interpersonal relationships. Each of us has the right to safeguard their rights, but should assume the obligation to find the best way to safeguard the rights. Everything contradiction to the court, trying to solve all the way litigation is unrealistic. In an increasingly emphasize "harmony" today, the reality is more diversified alternative dispute resolution methods for us.
Case, von teacher's right of action should be firmly maintained. Contradictory relationship between teachers and students, should not lead to litigation had not been apparent right, this is a rule of law should have feelings. (Trainee newspaper reporter Zhang Liang)