Ni XX and Wang X v. China International Trade Center

I. Summary of facts

The staff of the defendant suspected that the two plaintiffs had stolen things, so they questioned them in public and searched the defendant according to the invalid announcement posted in the market, but found nothing belonging to the market. The plaintiff sued the defendant for infringement of his right of reputation.

second, the gist of the judgment

first of all, if a citizen or a legal person exercises a certain "right" without legal basis or does not conform to the provisions of the law, they cannot think that they have the right to exercise such an act. The law has never given the marketing staff the right to question customers and check their belongings, so the defendant has no right to post a notice asking the defendant to open his bag for the defendant's staff to see.

Although this announcement is posted at the entrance of the market, it is invalid because it has no legal basis, and customers have the right not to implement the provisions of the announcement. Secondly, in the absence of conclusive evidence, the defendant's staff asked the plaintiff whether he had stolen anything in public with derogatory words, and searched the plaintiff's parcels and clothes according to the invalid announcement posted in the market.

The above behavior is enough to make the plaintiff feel that his social status has been degraded, and it actually affects the social evaluation of the two plaintiffs' morality, reputation and credit.

the plaintiff's reputation was damaged as a result. The defendant's staff committed infringement on the two plaintiffs while performing the duties specified by the defendant at their posts, so the defendant should bear the civil liability for infringement (according to Article 43 of the General Principles of Civil Law).

iii. court decision (handling) and applicable laws

after the court finds out the facts and distinguishes between right and wrong, both parties will settle by themselves. The defendant would like to apologize to the plaintiff and pay compensation for 1 yuan's economic loss and mental damage to both plaintiffs, and the plaintiff withdrew the lawsuit.

Extended information:

Infringement refers to an illegal act that infringes on other people's personal property or intellectual property rights and should bear civil liability according to law. After the infringement, there is a specific relationship of civil rights and obligations between the infringer and the victim, that is, the victim has the right to demand compensation from the infringer.

an illegal act in which the actor infringes upon the person, property and other lawful rights and interests due to his fault, and other infringing acts in which he should bear civil liability according to the special provisions of the law.

"It is generally believed that tort is firstly a civil fault, that is to say, it destroys a certain responsibility stipulated by law, which is strictly forbidden to be destroyed in law; Tort is also an act that causes harm to others, and the injurer must make compensation to the injured person.

constitutive requirements

1. Force Majeure

Force Majeure refers to unforeseeable, unavoidable and insurmountable objective conditions.

second, the victim's fault

the victim's fault refers to the victim's fault in the occurrence of infringement or the expansion of the consequences of infringement damage.

iii. justifiable defense

justifiable defense refers to an act that is not more than necessary to protect the public interest, the property, person or other legitimate rights and interests of oneself or others from the ongoing unlawful infringement.

iv. Emergency avoidance

Emergency avoidance refers to an act that has to be taken in order to protect the property, person or other legitimate rights and interests of oneself or others from the ongoing danger and cause minor damage to others.

V. Victim's Consent

Victim's Consent refers to the clear intention of the victim to bear some kind of damage consequences voluntarily before the infringement or damage consequences occur.

principle of imputation of tort

(1) principle of fault liability

(2) principle of no-fault liability

(3) principle of fair liability

Baidu Encyclopedia-tort