Recently, the online controversy in which Mo Yan was sued, after comments on the relevant **, has almost formed an overwhelming situation on the Internet, and the heat is not low, and it is called the "legal carnival" in the cultural field that is becoming more and more intense. Legal gas station
In fact, from a purely legal point of view, netizens' prosecution behavior is not professional, from the current information that can be seen on the Internet, from the legal interpretation, I think that netizens will not win the lawsuit against Mo Yan.
Article 119 of the Code of Civil Procedure stipulates that a lawsuit must meet one of the following four conditions:
One isThe plaintiff is a citizen, legal person or other organization with a direct interest in the case;
The second isThere is a clear defendant;
The third isThere are specific claims, facts, and reasons;
Four areIt is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.
Let's take a look at the lawsuit filed by netizens, first of all, there is a lack of the basis for the right to claim in the litigation procedure, because the netizens, as plaintiffs, have no direct interest in the "fault" of Mo Yan's works referred to in the complaint.
In other words, Mo Yan's work did not infringe on the rights of a specific person, netizens, so the plaintiff had no direct interest in this case.
From my personal legal point of view, this lawsuit is basically untenable, because the qualifications of the subject of the lawsuit do not match.
As a result, the court will either dismiss the case outright or rule that it is inadmissible and dismiss the indictment.
The answer is also no, netizens have the right to sue Mo Yan, which is the basic right of netizens as citizens.
Since some people feel that Mo Yan has a problem and go to sue, the law and the court must respect the power of going through the procedure.
There is ** that netizens suing Mo Yan is a "farce", I think this statement is also inappropriate.
Since the discussion is about litigation, we cannot use the word "farce" with obvious emotion and a certain derogatory nature, and from a legal point of view, we can only say whether the lawsuit is reasonable, reasonable and legal, and can finally be filed.
From a legal perspective, the author believes that it is impossible to win the civil lawsuit against Mo Yan, and there is no possibility of even filing a case.
Theoretically, it is a right to sue Mo Yan, and anyone can sue. But this kind of prosecution has no value other than to cause a sensation, and in practice the court will not accept the case.
But one thing needs to be clear, netizens suing Mo Yan is an attitude and a resistance to negative factors such as suspected infringement of social public interests and national feelings in Mo Yan's works.
Moreover, the prosecution of netizens is also in accordance with the provisions of the law to file a lawsuit, and the way of prosecution itself is the most respectful of legal procedures, and it is civilized enough to follow the track of justice.
Therefore, the prosecution of netizens should not be too derogatory.
At the same time, I browsed the indictment, the subject matter of the lawsuit is 1.5 billion, so how much do you have to pay for the lawsuit?
Therefore, if the court does not accept the case and dismisses the lawsuit without paying the fee, it is also a kind of protection for netizens, and the court's refusal to file a case or dismiss the lawsuit is also a respect for legal procedures, not discrimination and derogation of netizens.