Recently, Zhang Xuefeng's indictment has been on the hot search, and many people have seen it in a fog, such an outrageous thing, how can a case be filed?
Let's now review the whole story, at the beginning of December 2023, Zhang Xuefeng's "Liberal arts are all service industries, what is the service industry?" To sum it up in one word, it is 'licking', that is, 'I will give you a smile'. and other remarks began to be continuously spread on online platforms, and continued to ferment.
toOn December 9, the entry "Zhang Xuefeng said that liberal arts are all service industries" rushed to the first place in the hot search, and at this time, the topic has been read more than 200 million
Then, a netizen named Gu Yanyou jumped out and said that Zhang Xuefeng's words were wrong, saying that he had been "seriously degraded and insulted" and was ready to start suing Zhang Xuefeng and demanding that Zhang XuefengApologize publicly, and pay one yuan for moral damages, and bear all legal costs
On January 8 this year, this netizen posted on Weibo, saying that the court had filed a case. The case has been accepted by the Suzhou Huqiu District People's Court, and the case status is in the stage of online case filing and review.
In fact, a discerning person can see at a glance that this person named Gu Yanyou is obviously rubbing Zhang Xuefeng's popularity, asking for compensation of one yuan for mental damages, just like a joke, just like his screen name, "Gu left and right about him", obviouslyDrunken lying is not meant to be drunk
However, what is outrageous about this matter is: why can such an obvious and playful so-called "lawsuit" still be filed?
This involves some knowledge points in our judicial process, that is, the criteria for filing cases.
There is only one thing to do when a case is filed, and that is formal examination, and you will know by listening to the name that as long as there is a form, the case can be filed.
In what form? Two conditions: there is a clear plaintiff and a defendant, and there is prima facie evidence.
Let's take a look at what the Procedural Code says:
Article 124 of the Civil Procedure Law of the People's Republic of China: Conditions for filing a lawsuit.As for whether the plaintiff's claim should be supported, whether there is a factual and legal basis for this claim, etc., we call it a substantive review - these are not judged by the case filing court, but by the trial court.The complaint shall indicate the following matters:
1) The plaintiff's name, gender, age, ethnicity, occupation, work unit, domicile, name and address of **legal person or other organization, and name, position, and title of the legal representative or principal responsible person
2) Information such as the defendant's name, gender, work unit, and residence, as well as information such as the name and address of a legal person or other organization;
3) The litigation claim and the facts and reasons on which it is based;
4) Evidence and Evidence **, Names and Residences of Witnesses.
Therefore, the fact that this case has been filed does not represent any opinion or inclination of the court.
So let's think about it again, if it is **, will this person called Gu Yanyou win Zhang Xuefeng?
If you think about it with your feet, you will definitely not win. If this can be won, then even if the social atmosphere is completely broken, all celebrities and Internet celebrities will not dare to say a word in the future.
Because they all know that if they express any opinion, or even say something insignificant, they can be sued in court and bear all kinds of responsibilities.
From the court's point of view,After setting this precedent, this kind of case will emerge one after another, and there will be no time for more really important criminal cases and cases that seriously endanger public order
Therefore, the court will certainly not support such a thing.
Another very important point is Zhang Xuefeng's remarksIt does not point to any specific individual, this is called Gu Yanyou, and as a personal appeal, it will definitely not be supported.
Unless, he can entangle all the "liberal arts students" in the world to come up with a class action lawsuit, but this matter is obviously impossible.
Zhang Xuefeng responded to being sued and wanted to be red, and wanted to go crazy