(star of Yuan Wei of Zhang Wanlin of entire media reporter) a few days ago, reporter from Dongguan city court of the 3rd people understands, employee is mixed abusively because of what can't bear a boss annoy, tell its the court, its origin special " strange flower " .
Employee small Lv Yi spends special affliction, the wife that because of predecessor boss Mr Sun insists him to follow him himself readily has " amour " ! And Mr Sun such certainly, basically be the demand that because of his wife Ms. Zhang and small Lvbuken press him, swear 3 years to avalokitesvara hill continuously pledge. After this, mr Sun waits for means through small letter, short message abuse Xiaolv, the close friends that still follows wife and small Lv says two people " have one leg " .
But under, the Xiaolv that can'ts bear its faze tells Mr Sun the court denounce reputation in order to chase after to counterpoise.
In front courtyard careful, gentleman of the accused grandson returns pair of its wives Ms. Zhang and Xiaolv do not wish to swear pledge be troubled Yu Huai. Say, small Lv Hai is Mr Sun fellow-townsman, worked to Mr Sun factory 2011, left his post 2016. Did not think of 2017 in year when, mr Sun makes an appointment with Xiaolv to come out to chat suddenly, the wife that so he is him suspicion and small Lv have shocking concern.
The requirement sends poisonous oath 3 years to be moved by refus fullback continuously act
Mr Sun removes suspicion to Xiaolv and wife, because the factory wants to help employee fill at that time,be pay housing accumulation fund. Mr Sun discovers, the stuff that the factory has bought housing accumulation fund previously has only very few a few, xiaolv is among them one of, not by dark autogenous doubt. Mr Sun claims investigation discovers wife still gave Xiaolv 15 thousand money under the counter.
Ms. Zhang and small Lv argue weigh the wife of Mr Sun, this money is plant the end of the year give employee " painstaking cost " , mr Sun also knows this thing, do not know what reason to meet absolutely deny.
Nevertheless, once the seed of this suspicion is planted below, begin to be in Mr Sun heart is rooted and gemmiparous, he asks two people swear to avalokitesvara hill pledge, two people went with respect to each, mr Sun asks two people deliver poisonous pledge 3 years continuously again later, two people refused. Mr Sun is maintained from this, two people were to do guilty thing. Then he carries small letter, short message abuse Xiaolv, wait to bilateral close friends dispersed two people have " personal relationship " opinion on public affairs, let Xiaolv and the heart of Ms. Zhang bear huge spirit pressure.
Both sides is reached and solution abandons spirit damaging solatium
Xiaolv can'ts bear its faze finally, tell Mr Sun the court to demand reputation right in order to chase after then. So, this " strange flower " is farce final will how Where is wind up?
Accuser Xiaolv thinks, gentleman of the accused grandson is ceaseless and abuse oneself, return advocate false fact causes great worry to oneself and family, enroach on oneself reputation counterpoises. Argue of the accused criterion says, he just carries small letter and short message abuse Xiaolv, release pertinent information to bilateral relatives and friends, not was in public circumstance to not specific crowd a flourish of trumpets, do not make power of enroach on reputation.
Those who pass nearly two hours stimulate argue, former defendant both sides falls finally to reach in judge mediation reconcile. Accuser abandons spirit damaging the litigant request of solatium of one's own accord, ask the accused suspends the reputation tort action to oneself only.
Enroach on behavior gets redeeming need not undertaking money is compensated for
This dispute is in finally of the court chair next compromise, if say both sides cannot be reached really,agree, so accuser requirement the accused stops abuse, public apology, still compensatory spirit damages solatium, can you get the court supports?
Judge Yang Lihua of court of the 3rd people represents Dongguan city, jural reputation authority is to show social alien is right evaluation of a kind of of character of the capacity ability of specific person, morality explicit society, the encroachment that to this kind of society the evaluation causes formed jural encroachment reputation authority action. Encroaching what reputation counterpoises to make important document is: The first, behavior person carried out the behavior of a few calumniatory, affront, it is a few dummier fact, will undertake derogating to the victim's character through verbal behavior, the social opinion that created him is reduced; The 2nd, reduce the effect that the society evaluates, caused affect external expand. Look from this case, gentleman of the accused grandson is dummy the fact that shocking men and women concerns between the wife that accuser small Lv follows him, transmitted the behavior of this kind of dummy fact to the 3rd person, want to the 3rd person knew this kind of behavior that derogates character of the other side only, be in jural can be to form tort.
Judge Yang Lihua thinks, basis " tort liability law " regulation, the accused needs to assume stop enroach on, eliminate influence and the liability that make an apology. As to mental damages, it is the means of a kind of responsibility in tort liability, but a kind of stricter excoriation means, accuser falls in the circumstance that can be gotten redeeming by enroach on behavior, the kind that does not need repass money compensation will solve. "In this case, had not reached serious level, so monetary compensation has to be less than support possibly. So monetary compensation has to be less than support possibly..
Reporter hand writes down: Low mediate of emotional dispute appropriate manages do not become acute
Encounter domestic marriage difficult problem, the mood is deeply anxious understandable, but everything must say evidence. "Is delivering poisonous pledge off the rails " what logic be? Still carry small letter abuse, publicize to relatives and friends everywhere, honest very not sensible. In marriage, mutual understanding and credit are very main, two people cannot continue constrainedly really marriage, also can solve with better way, will not be personal emotional dispute originally, become acute became the contradiction of bottom line of law of lay a finger on.
