The husband who was working as a driving school instructor took the female student away to a foreign country, abandoned his wife and children, and started living together. Later, due to emotional discord, the husband broke up with the female practitioner. In order to heal the phy

The husband who worked as a driving school instructor took the female student away to a foreign country, abandoned his wife and children, and started living together. Later, due to emotional discord, the husband broke up with the female practitioner. In order to heal the physical and psychological trauma, female students went missing. The female student's family couldn't find anyone, so they went to the driving school instructor's home to ask for someone, which affected the driving school instructor's wife and made her afraid to return home. The dispute could not be resolved when the "mistress" did not appear, and the wife, who was deeply hurt, had to write down the whole story, post a photo of the "mistress" and send it to WeChat Moments, asking friends to help find someone. Unexpectedly, the "mistress" who had been missing later sued the driving school instructor's wife to court on the grounds that her right to reputation and privacy had been violated, and demanded compensation for mental damage.

So, if the “mistress” goes missing and her family comes to ask for help, and the innocent wife posts to WeChat to ask for help, does this constitute infringement? The case was heard by two levels of courts in a city in Jiangsu and the answer was given.

Moving away from home and living together

Pictures come from the Internet

Feng Jingwen, 36, is a kind-hearted and ordinary housewife in a city in northern Jiangsu. In February 2006, she married Kong Zhengjie, who is one year older than her. After the marriage, the two had three children together. Kong Zhengjie is an instructor at a local driving school. Although his income is good, he is too busy at work to take care of his family. In order to support her husband's work, Feng Jingwen silently shouldered all the housework and the responsibilities of educating her children and honoring her parents. She tried her best to create a warm home so that Kong Zhengjie could have a good rest and give him enough energy to work with peace of mind. Although the family's life is not very prosperous, it is still happy and beautiful.

In September 2015, Kong Zhengjie took over a new driving learning class. There is a female student in the class named Guo Yaqin. She is 25 years old. She is sweet, outstanding in appearance, and tall. Kong Zhengjie secretly fell in love with her when they first met. During teaching, Kong Zhengjie took good care of Guo Yaqin and quickly won her favor. Afterwards, the two often got together, and their relationship quickly heated up.

In December of the same year, Kong Zhengjie and Guo Yaqin made an appointment to travel abroad. At night, the two people couldn't help but cross the moral gap. Next, the two got out of hand and met for the night many times. During this period, Kong Zhengjie also secretly took nude photos of Guo Yaqin while she was sleeping.

Soon after, the abnormal relationship between Kong Zhengjie and Guo Yaqin was discovered by Kong Zhengjie’s wife Feng Jingwen. At the beginning, Feng Jingwen also wanted to make a big fuss with Kong Zhengjie and Guo Yaqin, make their affairs public and make the two people look embarrassed. However, thinking of the three children under her knees and the fact that the family could not be broken up, Feng Jingwen finally endured it. She only talked to Guo Yaqin privately on the phone once, hoping that Guo Yaqin could leave Kong Zhengjie.

Feng Jingwen's generosity and tolerance also touched Guo Yaqin. In order to get rid of Kong Zhengjie, Guo Yaqin borrowed 20,000 yuan from others after the Spring Festival, left the city where she had been living in March 2016, and came to Nanjing, the capital of Jiangsu Province, to make a living.

However, Kong Zhengjie was fascinated by Guo Yaqin. When he saw Guo Yaqin suddenly missing, he searched everywhere like crazy. After many inquiries, he learned that Guo Yaqin had gone to work in Nanjing, so he chased her to Nanjing and begged Guo Yaqin not to leave him. He also proposed that the two of them could go to Shenzhen to open a driving school together, and let Guo Yaqin be responsible for the enrollment of the driving school, and promised that Guo Yaqin would not need to invest. You can enjoy the benefits of the company's shareholders, with an annual salary of no less than 100,000 yuan, and you can also participate in dividends at the end of the year. In order to persuade Guo Yaqin, Kong Zhengjie also repaid the previous loan of 20,000 yuan on behalf of Guo Yaqin.

Unable to withstand Kong Zhengjie's insistence, Guo Yaqin agreed to Kong Zhengjie's request. In this way, Kong Zhengjie and Guo Yaqin left their families without saying goodbye and came to Shenzhen. In April 2016, they registered and established an automobile service company in Shenzhen. Kong Zhengjie and Guo Yaqin were both registered as shareholders of the company, and Kong Zhengjie was appointed as the legal representative of the company. He concurrently serves as the general manager and executive director, and Guo Yaqin serves as the supervisor of the company. The company is jointly run by Kong Zhengjie and Guo Yaqin, and its main business is driving skills training. Guo Yaqin is responsible for recruiting students, purchasing office supplies, collecting training fees, paying company operating expenses and other daily management matters.

Emotional estrangement and leaving without saying goodbye

The picture comes from the Internet

During their stay in Shenzhen, Guo Yaqin and Kong Zhengjie began living together. Kong Zhengjie paid for most of the daily life and entertainment consumption expenses during the cohabitation period, and Guo Yaqin did not receive any salary or bonus from the company.

In March 2017, Guo Yaqin found out that she was pregnant. She really wanted to give birth to a child and start a family with Kong Zhengjie to live together. However, there were big differences between the two parties on the issue of whether to give birth to the child. Guo Yaqin felt that Kong Zhengjie just wanted to play with her and had no intention of marrying her. She felt that there was no hope of continuing, so she decided End this ambiguous relationship. In order to completely cut off the relationship between the two and leave no thoughts behind, Guo Yaqin went to the hospital and had an abortion.

Subsequently, Guo Yaqin formally proposed to Kong Zhengjie to terminate their cohabitation relationship, but was flatly rejected by Kong Zhengjie. In order to prevent Guo Yaqin from escaping Shenzhen, Kong Zhengjie stayed with Guo Yaqin. During the dispute between the two parties, Kong Zhengjie accidentally or unintentionally revealed that there were nude photos of Guo Yaqin in his mobile phone, which made Guo Yaqin almost collapse and strengthened her determination to leave. The conflict between the two parties became more and more acute until it reached the local police station.

In order to get rid of Kong Zhengjie as soon as possible, Guo Yaqin tried her best to meet Kong Zhengjie's requirements under the coordination of the public security organs. In this way, on March 23, 2017, after the two simply settled the accounts of the Automobile Service Co., Ltd., Guo Yaqin transferred more than 32,000 yuan to Kong Zhengjie through WeChat, and the transfer note was "Total enrollment income settlement in 2017."

On April 19 of the same year, Guo Yaqin applied for a bank loan of 73,000 yuan through her personal credit card account, and transferred and paid 60,000 yuan to Kong Zhengjie through WeChat on the next night. The transfer note was "I will give you 60,000 yuan, and the two will be paid in full later." Regarding the 60,000 yuan, Guo Yaqin said: "In April 2017, Kong Zhengjie restricted my personal freedom, threatened me with my nude photos, and demanded 60,000 yuan in breakup fees and hush money. Under Kong Zhengjie's threat and intimidation, I sent him a message through WeChat Transfer 60,000 yuan to him.”

After settling the financial relationship with Kong Zhengjie, Guo Yaqin, who was exhausted both physically and mentally, left Shenzhen and returned to her hometown. The one-year trip to Shenzhen caused great harm to her both physically and mentally. She really wanted to find a quiet place to slowly heal her physical and mental wounds alone. Therefore, after returning home to recuperate for more than two months, Guo Yaqin once again said goodbye to her parents.

Unable to bear the harassment and searching for someone

The picture comes from the Internet

After hearing from their daughter what happened to her in Shenzhen over the past year, Guo Yaqin's parents also hated their daughter for not living up to expectations, but seeing that her daughter was so haggard, they couldn't bear to blame her and just hoped My daughter can get out of the pain as soon as possible. Unexpectedly, their daughter suddenly disappeared again. Guo Yaqin's parents were very worried, fearing that their daughter would not be able to get over it. So Guo Yaqin's parents asked around and searched hard. After searching for more than a week and still no news about their daughter, Guo Yaqin's parents suspected that Kong Zhengjie had hidden their daughter again, so they went to Kong Zhengjie's house several times to make noise and demanded that Kong Zhengjie return their daughter.

After Guo Yaqin left Shenzhen, Kong Zhengjie had no intention of doing business alone in Shenzhen, so he canceled the company and returned to his hometown. Since the two had a complete falling out in Shenzhen, Kong Zhengjie and Guo Yaqin lost contact with each other after returning to their hometown. Kong Zhengjie didn't know where Guo Yaqin went without saying goodbye. Therefore, when Guo Yaqin's parents came to ask for someone, Kong Zhengjie couldn't hand him over. However, Guo Yaqin's parents didn't believe it at all, and a dispute broke out between the two parties, which alerted the police station. Feng Jingwen did not even dare to return home.

If you want to completely resolve the dispute, you can only find Guo Yaqin. In desperation, Feng Jingwen thought of searching for Guo Yaqin by posting missing person information in WeChat Moments. Therefore, Feng Jingwen posted a message in her WeChat circle of friends on July 17, 2017: My name is Feng Jingwen, and I am a victim of a "mistress" interfering in the family.In October 2015, after I discovered and confirmed that my husband Kong Zhengjie had an inappropriate relationship with his student Guo Yaqin, I called and clearly informed Guo Yaqin that Kong Zhengjie was married and had three children. However, neither of them listened to the advice and intensified their behavior. In 2016, Kong Zhengjie In March, I ignored the dissuasion and left my wife and children to go to Shenzhen and live together with Guo Yaqin. They stayed in Shenzhen for more than a year and ignored my family. Until they fell out in May this year, Guo's parents came to my house many times to complain They made trouble at the door, saying that their daughter was missing and they were looking for someone. As a victim, I was responsible for working at home and taking care of my children. I never went to her to make trouble. Instead, the Guo family brought people to my house every three days to make trouble, demanding compensation of 150,000 yuan for loss of youth and nutritional expenses for abortion. Now I am so noisy that I can’t go home, and I have nowhere to complain. Just yesterday at 6:40 pm, my neighbor told me that the door of my house was smashed again. I really couldn’t bear it anymore. The police station asked the male and female parties to face each other. It's clear, but the woman's mother said that her daughter has disappeared, so I can only plead with social forces to find the person involved, Guo Yaqin, to solve the matter. Please forward it to find out the person involved. Attached to the message were photos of the damaged homes of Guo Yaqin and Feng Jingwen. The next day, Feng Jingwen felt that it was inappropriate to post the remarks, so she deleted them.

However, what Feng Jingwen did not expect was that Guo Yaqin, who had "disappeared", sued her on July 16, 2018, on the grounds that her reputation and privacy rights had been violated.

Guo Yaqin claimed that on July 17, 2017, Feng Jingwen posted false information in her WeChat circle of friends, insulted and defamed herself multiple times in written and oral forms, and damaged her reputation. Without my consent, Feng Jingwen posted my private photos and ID photos in her WeChat Moments. Feng Jingwen's above-mentioned behavior has seriously violated her right to reputation and privacy. In order to protect her legitimate rights and interests, she filed a lawsuit and requested the court to order Feng Jingwen to stop the infringement, publicly apologize to me in the newspaper, and compensate me for her mental harm. 50,000 yuan in gold.

Feng Jingwen argued that the information she posted in her WeChat Moments was completely true and did not infringe on Guo Yaqin’s right to reputation and privacy. The posting on WeChat Moments was caused by the extreme behavior of Guo Yaqin's mother. The responsibility lies with Guo Yaqin herself, so she requested the court to reject the other party's lawsuit.

It is not an infringement. The claim was rejected.

The court of first instance held that citizens enjoy the right to reputation in accordance with the law, and reputation is people’s comprehensive social evaluation of a citizen or legal person’s moral character, talent and other qualities. This case is a dispute over reputation rights and privacy rights caused by using WeChat to express opinions.

In this case, the focus of the case is whether the remarks in question published by Feng Jingwen through WeChat Moments constitute an infringement of Guo Yaqin’s right to reputation and privacy.

Whether Feng Jingwen’s WeChat remarks infringed on Guo Yaqin’s right of reputation should be determined from the aspects of whether the WeChat remarks involved constituted insult or slander, whether Guo Yaqin’s public evaluation has been lowered, and whether Feng Jingwen had any subjective fault. The specific discussion is as follows:

First, regarding whether it constitutes insult or slander. Insult refers to the use of violence or other methods such as ridicule or abuse to accuse others of their existing shortcomings or other behaviors that demean the personality of others; defamation refers to the behavior of fabricating facts, making rumors and slandering and spreading them to third parties other than the victim. First of all, Feng Jingwen’s WeChat comments on July 17, 2017, related to the harassment of her family and her statement when she called the police at the police station. The above content was accompanied by photos, alarm records, and public security agency inquiry transcripts. Secondly, the content of the WeChat comments involved in the case related to the improper relationship between Feng Jingwen’s husband Kong Zhengjie and Guo Yaqin. This content was consistent with what the court found. Therefore, the above remarks do not constitute fabricated facts to slander Guo Yaqin. Although the remarks included derogatory comments such as "mistress", they were still within the general understanding of the public.

Second, whether Guo Yaqin’s public opinion has been lowered due to the WeChat comments involved in the case. Citizens' reputation is reflected in public evaluation.After Feng Jingwen published the WeChat comment, it was deleted the next day. Feng Jingwen's WeChat circle of friends should have seen it. However, even if the comment had a negative impact, it would only be limited to Feng Jingwen's circle of friends, so the scope of the impact was limited and the impact was short-lived. In addition, Guo Yaqin did not propose that her public evaluation was affected in other forms and provided evidence to support it, so she should bear the adverse consequences of being unable to provide evidence. Accordingly, Guo Yaqin’s claim that the WeChat account involved in the case caused damage to her reputation lacks evidence to support it, and this court will not support it.

Third, regarding whether Feng Jingwen had any subjective fault. Among the elements of liability for infringement of reputation rights, fault refers to the subjective psychological state of the perpetrator regarding the act of infringement of reputation rights and the damaging consequences of the act. As mentioned above, the remarks Feng Jingwen made through WeChat did not involve insults or slander against Guo Yaqin, and they did not have any harmful consequences that would lower Guo Yaqin's public evaluation. Therefore, it is impossible to say whether Feng Jingwen was intentional or negligent subjectively. rise.

Finally, there is the question of whether Feng Jingwen’s release of Guo Yaqin’s photos violated Guo Yaqin’s privacy. The right to privacy is the right enjoyed by natural persons to control their own personal information, private activities and private fields that have nothing to do with public interests, and to be free from illegal interference by others. In this case, Feng Jingwen attached a photo of Guo Yaqin to her WeChat comment. The content of the photo itself was a personal portrayal of Guo Yaqin and had no connection with her personal dignity. It did not require special protection measures and was not allowed to be seen by others. Therefore, the photo was not allowed to be seen by others. Photos are not personal privacy. As for the published photos containing Guo Yaqin’s ID card information, the identity information shown in the evidence screenshots provided by Guo Yaqin is unclear. Others cannot obtain her identity information through the photos, so her right to privacy of personal identity information will not be violated.

To sum up, Guo Yaqin’s claim that Feng Jingwen’s remarks related to the case published through WeChat infringed on her right to reputation and privacy cannot be established; Guo Yaqin’s claims based on this to stop the infringement, eliminate the impact, apologize and compensate for losses lack facts and This court does not support the legal basis. On November 21, 2018, the court issued a first-instance judgment rejecting Guo Yaqin’s lawsuit.

After the first instance verdict, Guo Yaqin appealed. In the appeal, Guo Yaqin proposed:

First, the first instance found that Feng Jingwen’s WeChat comments involved in the case could only be seen by friends in Feng Jingwen’s WeChat circle of friends. Even if the remarks had a negative impact, they were limited to Feng Jingwen’s circle of friends, so the scope of the impact was limited and objective. The facts are not consistent. The WeChat Moments posted by Feng Jingwen asked her WeChat friends to forward it. Not only Feng Jingwen’s WeChat friends can see it, but other people can also get this content through others’ forwarding. Therefore, the impact of the WeChat remarks involved in the case is widespread. Not limited to Feng Jingwen’s circle of friends;

Secondly, the photo involved in the case sent by Feng Jingwen contained her ID card information, and the photo was taken when she was applying for a loan. The personal identity information is clear, including name, ethnicity, date of birth, ID number and home address, and I do not want this identity information to be known to the public;

Third, during the first instance of this case, Feng Jingwen did not provide the alarm record and her statement when calling the police at the police station, which was a procedural violation. In summary, we request the second-instance court to revoke the first-instance judgment, change the judgment in accordance with the law, or remand the case for retrial.

Feng Jingwen argued that the facts found in the first-instance judgment were clear, the law was applied correctly, and the procedures were legal. She requested the second-instance court to reject Guo Yaqin’s appeal and uphold the original judgment.

After trial, the court of second instance held that Feng Jingwen’s WeChat comments on July 17, 2017, related to the harassment of her family and her statement when she called the police at the police station. The content was accompanied by photos, alarm records, and public security agency inquiry transcripts. , consistent with what the court found.Feng Jingwen attached a photo of Guo Yaqin to her WeChat comment. The content of the photo itself is a personal portrait of Guo Yaqin and does not belong to personal privacy. The photo posted by Feng Jingwen contains Guo Yaqin’s ID card information, because the identity information shown in the screenshot of the evidence provided by Guo Yaqin is blurred. It is unclear. Others cannot obtain Guo Yaqin’s identity information through the photo. In addition, after Feng Jingwen published the WeChat remarks, they were deleted the next day. Since Feng Jingwen’s WeChat friends are specific, the impact of the remarks is limited to specific individuals. The scope of impact was limited and the impact was short-lived. Guo Yaqin did not propose other forms of manifestations of the impact on public opinion and provided evidence to support it. Therefore, the judgment of the first instance court was not inappropriate. In summary, the court of second instance dismissed the appeal and upheld the original judgment.

(characters in the article are pseudonyms)