Fan Bingbing
On September 20, adjudgement website made public Beijing court to be put on the ice with Fanbing [small gain] 6 first instance that concern are civil judgment.
"Government affairs " notice, these 6 judgment are respectively: Job of buy of investment of issue of Fan Bingbing and authority of effigies of limited company of estate of property of constant of Shaanxi gold peaceful, as new as century of chaste tree city city is as issue of authority of limited company effigies, perfect as Beijing issue of authority of effigies of limited company of originality science and technology, counterpoise with effigies of limited company of group of snow of Zhongshan city cherry, and pull beautiful doctor of outpatient department of medical treatment hairdressing, Suzhou with luck of heart of Shenzhen celestial being dispute of limited company of grain art hairdressing.
Judgment
In 6 judgment, fan Bingbing all is accuser.
Judgment
Fanbing puts a requirement on the ice: Make public to Fan Bingbing on the newspaper that company of estate of golden peaceful constant publishs publicly in the whole nation make an apology, requirement: Excuse content should include this case report record date and the specific clue that are suspected of encroaching Fanbing to put effigies on the ice to counterpoise, excuse layout area is not less than 6cm × 9cm, excuse time not less than 30 days; Company of estate of golden peaceful constant recoups pecuniary loss to Fan Bingbing 350000 yuan damage solatium with spirit 30000 yuan; Company of estate of golden peaceful constant bears dimension authority cost 3000 yuan.
Fanbing puts similar requirement on the ice, ministry of examine of sliding door of luck of celestial being heart makes public the newspaper that publish to go up to make an apology publicly to its in the whole nation, excuse content should include this case report record date and the specific clue that are suspected of encroaching Fanbing to put effigies on the ice to counterpoise, excuse layout area is not less than 6cm × 9cm; Ministry of examine of sliding door of luck of celestial being heart recoups pecuniary loss 400000 yuan, spirit damages solatium 30000 yuan, cost of rational thought authority 3000 yuan.
Forensic court decision: Luck of heart of Shenzhen celestial being pulls outpatient department of medical treatment hairdressing to be in its publish continuously in date of small letter public excuse states 3 days, will apply for to choose the publishs publicly newspaper inside limits of a whole nation according to Fan Bingbing otherwise, publish this court decision main content; Luck of heart of Shenzhen celestial being pulls outpatient department of medical treatment hairdressing to compensate for Fanbing to put pecuniary loss on the ice 120000 yuan, cost of rational thought authority 1490 yuan, aggregate 121490 yuan. The other suit that rejects accuser Fan Bingbing requests.
Fan Bingbing also asks respectively, 4 afore-mentioned units make public publicity newspaper to go up to make an apology publicly in the whole nation, company of snow of requirement Zhongshan cherry recoups pecuniary loss 400000 yuan, spirit damages solatium 30000 yuan, cost of rational thought authority 3000 yuan; Limited company of science and technology of Beijing perfect originality recoups pecuniary loss 800 thousand yuan, spirit damages solatium 200 thousand yuan, dimension authority cost 10 thousand yuan; Grain of Suzhou beautiful doctor art pecuniary loss of compensation of hairdressing limited company damages solatium 260000 yuan with spirit 30000 yuan, bear dimension authority cost 3000 yuan; Pecuniary loss of limited company compensation mixes course of study of buy of investment of new city of century of chaste tree city 350000 yuan spirit damages solatium 30000 yuan.
In the meantime, forensic court decision, limited company of group of snow of Zhongshan city cherry compensates for Fanbing to put pecuniary loss on the ice 70000 yuan, cost of rational thought authority 1200 yuan, aggregate 71200 yuan; Pecuniary loss of Fan Bingbing of compensation of limited company of science and technology of Beijing perfect originality reachs notarization 350 thousand yuan to expend 1200 yuan; Grain of Suzhou beautiful doctor art hairdressing limited company recoups Fan Bingbing pecuniary loss 70000 yuan, dimension authority is necessary defray 1600 yuan; Limited company compensates for course of study of buy of investment of new city of century of chaste tree city Fanbing puts pecuniary loss on the ice 60000 yuan.
Additional, still made public Fan Bingbing and Beijing appropriate on September 10 be good at civil judgment shows first instance of issue of authority of effigies of limited company of hospital of 3 course of study, fan Bingbing is same because of Beijing appropriate be good at limited company of hospital of 3 course of study is in small letter fair number used its 11 effigies, the hairdressing that publicizes him sale serves an item, to lodge a complaint, requirement Beijing appropriate be good at the newspaper that limited company of hospital of 3 course of study publishs publicly in the whole nation makes an apology publicly, 300 000 of compensatory pecuniary loss yuan, mental loss expends 20 000 yuan, dimension authority cost expends 3000 yuan, add up to 323 000 yuan.
Judgment
Forensic court decision: Beijing appropriate be good at limited company of hospital of 3 course of study after this adjudicative become effective with written form Xiang Yuan accuses Fan Bingbing to make an apology inside 7 days, will choose the publishs publicly newspaper inside limits of a whole nation otherwise, publish this court decision main content; Compensatory model ice puts pecuniary loss 100 000 on the ice yuan. Rejected other suit of Fan Bingbing to request.
Report says respectively, those who adjudicate a basis " civil code general rule " the 100th, " tort liability law " the 2nd, the 6th, the 15th, the 20th, wait for legal provision the 22nd times.
"Government affairs " notice, " civil code general rule " the 100th specific provision " the citizen enjoys effigies right, agree without oneself, the image that must not use a citizen in order to seek profits for the purpose " .
" tort liability law " also set the 2nd times: Infraction is civil rights and interests, ought to this law assumes according to tort liability, "This law place weighs civil rights and interests, include life power, healthy advantageous position, full name authority, reputation authority, honorary authority, effigies authority, privacy right, marriage right of own advantageous position, custody authority, the droit, matter that use profit, assure brand is matter right, copyright, patent, special authority of authority, discovery, .
" tort liability law " the 6th, the 15th, the 20th, the 22nd, made a provision to assuming the means of tort liability to wait respectively, the kind that assumes tort responsibility includes to stop enroach on, make an apology remove an effect, restore reputation to wait.
Additional, released on September 20 together " Li Chen [small gain] first instance of issue of authority of effigies of limited company of development of happy estate of as elegant as river source city room is civil judgment " in, also mentioned Fan Bingbing.
Accuser plum morning, male, was born on November 24, 1978, the Han nationality, actor, stay in Beijing Haidian area, the accused: Happy estate of elegant house of river source town develops limited company.
Judgment shows, the accused is in date of public of its government small letter " river source happy garden of 9 elegant room " in release caption to be " glacial ice has plum, we have you " article, do sth without authorization uses accuser 2 effigies (it is the group photo with Fan Bingbing 1 piece among them) conduct propaganda sells item of its house property, there is the detailed information such as clear propagandist catchphrase, house property introduction in the article, fasten those who use celebrity effect to raise a literary works to click a quantity to be publicized in order to have a product, content has clear business to direct with commercial attribute. The behavior of the accused violates the effigies right of accuser.
