On April 22, the video of state case apartment is in Liu strong Dong Sheming domestic exposure. Image of party of woman of the case in video and full name are made public to announce first. Whether does this one incident form what privacy of the opposing party counterpoises to encroach? Red star journalist speaks many legal expert discusses video to whether encroach individual privacy to counterpoise, the expert thinks this is the response of open to the woman before this indictment, also the expert thinks this is the encroachment that counterpoises to woman party privacy.
Video cut pursues
Incident reviewing
Video of Liu strong Dong Mingzhou head exposure female party is video
On April 17, su Da university learns American bright Buddhist nun the Xiang Mingni before birthday Abolisi courtyard of one domestic discipline exercised by the head of a feudal household mentions civil suit, weigh oneself last year in August by Beijing east presiding apparitor Liu Jiang east rape, afore-mentioned lawsuit not only seek redress gold, and Liu Jiang east with Beijing east label the accused. Liu is subsequently strong east be suspected of a gender invading case indictment full text to be in domestic exposure.
This is sued put forward 6 accusation, include to the intent is harmed and be beaten up; Illegal limitation is free; The gender is invaded and beat up is attacked; The intent harms the joint liability that attacks with beat up; Limit free joint liability illegally; The gender invades the joint liability that attacks with beat up.
On April 22 afternoon, a date of small gain Zhang that the name is job of @ bright state to write down released these two paragraphs of video, a paragraph of video is dining-room monitoring this paragraph of video tagged woman party full name. The woman in another paragraph of video invites Liu Jiang actively east enter a public house, pass through many places is different corridor, elevator, enter a room finally together. This paragraph of video causes heat to discuss subsequently, and from mouth to mouth. Strong to this Liu east Chen Xi of acting lawyer @JTN's lawyer says in small gain response: Oneself are Liu Jiang Dongxian's unripe representative lawyer, classics party affirms, this video content is belonged to solid.
@JTN Chen Xi's lawyer confirms the authenticity of this video
The order of small gain Zhang that issues video registers time to be on January 31, 2019, release these two paragraphs of video only at present, cannot confirm promulgator identity. Up to on April 22 22 when, of these two paragraphs of video broadcast a quantity to be achieved respectively 25 million with 3 million.
Viewpoint one:
Exposure video is not formed violate privacy right, it is the response to the indictment
Wang Sixin of assistant dean of college of politics and law of Chinese medium university thinks:
"Privacy right is opposite, if bigger demand exceeded the requirement that announces to privacy, that can be announced. In this law case if be put in without any problems, below the circumstance that does not have the legal dispute, accusation that did not involve opposite party, who announces this paragraph of video that contains half illicit close space, can involve violate privacy right, but involve bigger increase to appeal to now beg, find out case fact namely, perhaps respond to public opinion, this very it's hard to say violates privacy. This very it's hard to say violates privacy..
"Several days ago, the indictment that the woman announces involves a lot of detail, had created inequitable to one party party public opinion situation, the other side also has the right to use already some evidential material, win more understanding for oneself. Regard bilateral rich as the method of play chess, I feel to be worth to censure without what inside this. I feel to be worth to censure without what inside this..
Office of attorney of Beijing Beijing division piece New Year lawyer also expresses to red star journalist:
"Combine specific video content, wanting this video only is not forged, my individual considers as do not form those who violate privacy right or reputation right. After be being sued because of the woman, indictment full text already go ahead of the rest is open on the net, and classics each wantonly after apply colours to a drawing, caused tremendous social effect, party of other one party has authority to have a response apparently, give counterevidence, more what is more,the rather that the woman before this still ever accused Liu Jiang with the rape east be suspected of crime. Even if still cannot affirm indictment content and this video now is by other or release by other of party incite sb to do sth. Even if still cannot affirm indictment content and this video now is by other or release by other of party incite sb to do sth..
Piece New Year lawyer emphasizes additionally, "Contrary, before without judicatory cognizance is maintained, the content of the indictment detailed ground is released come out, it is ill-considered. Once the content in the indictment is not belonged to solid, the issuance of the indictment the person is pair of Beijing instead east with Liu Jiang east form serious tort, be suspected of crime even. Be suspected of crime even..
Liu Jiang east (the data pursues)
Viewpoint 2:
Monitoring video must not be made public without legal process, exposure video is caused violate privacy right
Pang Jiulin of director of office of Beijing Chun Lin's attorney thinks:
Use as except media in home outside press, announce the open, monitoring video that opens a space partly, violate other right. Be similar to this case, if a woman is not willing to announce,be together with other man the picture of moment, and this brushstroke face was announced, was to violate other privacy right or effigies right no matter, in a word violates other right. In home tone takes video monitoring can by execute the law mechanism, and the formalities of need all ready just can be moved take, other orgnaization cannot be moved without proper procedures take. Such video circulates if cause harm to woman party,come out, promulgator needs to assume civil responsibility.
Zhu Wei of research center vice director tells way of transmission of university of Chinese politics and law red star journalist:
"Be in the United States, the monitoring range of communal circumstance has a label, people participates in public activity, publicizing the action below the circumstance, ought to know this is communal circumstance, witting it may by exposure. So the individual ought to have been protected to his privacy. But in this law case cannot pure in light of the privacy right from communal space, this law case is a law case that is suspected of a rape, involve the issue that protects to the rights and interests of the injured party. This is in privacy law, whole world each country is same, the crime that is suspected of a rape publishs a court decision, but underground cognizance. Cognizance process the word of underground, that pertinent illicit secret information, the possible meeting that includes to appear in communal space is decided the information of the identity, also ought to not let it expose it is under common eye shot, so if involve the information of party, even if is under open circumstance, also cannot announce to the society quite so, because this can cause everybody probably to be opposite the associated sex of individual information, can direct or it is indirect the status that the ground determines this individual. So this law case exposes to the sun it in a few media of home after coming out, I consider as enroach on privacy authority, violate transmission ethics. Violate transmission ethics..
Zhu Wei emphasizes, "The promulgator of this video should assume responsibility. Relevant wait for platform from media, also ought not to circulate this is planted video. " Zhu Wei thinks, the public interest that this case involves, it is authority of communal know the inside story, at present this case becomes a communal event, be necessary to satisfy authority of communal know the inside story, but do to information necessary and open when, should involve the feature of the identity of the injured party to the likelihood, include biology feature, identity news feature to wait undertake concealed name changes processing, e.g. alias, involve for example facial when should hit mosaic. If do not have processing, it is an illegal behavior.
"The report of this incident does not have media illness, everybody is no problem to the attention of incident and evaluation. But should have a bottom line, cannot put true identity of the person inside namely, so at that time if transmit such information, I feel from theoretic telling this is behavior of a tort, should give correct. Should give correct..
But cropland of Yin of adviser of doctoral student of courtyard of Beijing University law thinks:
"Be put in guesthouse or be other public emplacement probe, can not announce casually, involve individual privacy because of it. If be to move,take, broadcast, when involving transmission especially, unless adopt legitimate program, ought to have no right to be broadcasted to the public otherwise. " .
Yin Tian emphasizes, "Transmission also has intermediate region, everybody is from media, can film through the mobile phone relevant and video travel in certain limits. But how does arrangement spend this kind of circumstance suitably, should consider the protection that free to transmission protection, know the inside story counterpoises, also want to consider the protection of privacy of pair of individual of experience case party additionally, this is the issue that needs research, a process that also should run through the society of course promotes popular understanding " .
Return the phenomenon that this paragraph of video is fried by heat. Yin Tian thinks, "To itself of details of a case, final should be to pass a court to come judgment, do a few facts to maintain etc. Can observe only through kinescope certain surface, and the legal cognizance to a few facts, kinescope, video is one of evidence this, combine other thing to maintain even. So everybody should await this kind of circumstance judicial judgment, and the brawl that ought not to be public public opinion. And the brawl that ought not to be public public opinion..
Beijing reports Wu Yang of reporter of engage by special arrangement of red star news
Edit Tang Huan
