Pure Land teachers preaching Tuition, students learn to ask for knowledge, to form a positive interaction, in order to achieve the purpose of both teaching and learning. However, in a tort lawsuit puts a college stir into the whirlpool of the proceedings. Teachers ton of bricks, promise to be a lawsuit in the end; students depressed, unmotivated.
Recently, Songjiang District People's Court of Shanghai Foreign Trade College teachers Feng Juan (a pseudonym) v Wu Qi (a pseudonym) reputation infringement case verdict, dismissed the plaintiff's claim.
court ruled that,piumini uomo, Hu Qi in the network between users log on with the debate, although inappropriate, but just a personal opinion, did not affect the plaintiff's social evaluation.
5 10, the defendant agents, the new Shanghai Wenhui Lawyer Rich Min Jung told reporters that the case is the first university teachers v. students in Shanghai reputation infringement case, the case of the decision will serve as a model for future such disputes.
two taekwondo competition between groups
2007 September, as the Shanghai Institute of Foreign Trade Taekwondo club president, Hu Qi in the adoption of the new activities encountered an unexpected situation: the same time, yet there is another new taekwondo organizations are also satisfied.
making inquiries,f50 adidas, the Hu Wizards figure out: the original, a taekwondo school set up a new potential product team (school team), and interest groups, a teacher by the Sports Ministry Feng Juan sole management, employ Shanghai Ning Yubo force Taekwondo coach as coach.
Hu Qi said: p>
. Youth League leadership to help their school, the defendant's right to interfere; They have also told a joint letter to Vice President, but let the matter rest.
alleged infringement of Internet access for students to write the log
after failing to find a school to say, in late May 2008, Hu odd in their own school network published on the home page called the school's two taekwondo organizations ...
log is issued, interest groups and school team members have comments comments, criticism stir Qi Hu, Hu Qi Feng question in the discussion of teacher recruitment,
I is not have to say ?!tertiary industry, perhaps ... ...
can not.
2008 September Feng Juan to Shanghai Songjiang District People's Court proceedings, sued the School of Law third-year students with Hu Qi against its reputation.
Fu Min Jung lawyer told reporters that the respondent received notice that he had to get in touch with Feng Juan, I want her to abandon the proceedings, not to dispute the campus expansion, but was declined. After Fu Min Jung has twice sent letters to President of Shanghai Institute of Foreign Trade and party secretary, pointed out that the study of school students, after all, hoping to come forward to mobilize teachers, school withdrawal, to avoid aggravation of the situation. However, these efforts have not been hearing from schools.
court rejected the plaintiff claims
2009 年 3 on 3, Songjiang District Court for the trial of the case.
plaintiff that the defendant accused the plaintiff in his log the lower.
this, the lawyers said Rong Fu Min, the plaintiff is the only post
on the invoice issue, the plaintiff explained, school site for the personal blog-type sites, with privacy protection system, and only friends can see. As the pressure on the Ministry of Physical Education and school counselors to persuade, and soon withdraw posts, can not result in lower social evaluation Feng teacher.
Fu Min Jung Counsel further states that do taekwondo school interest groups in itself is a violation of the provisions of China's education sector.
plaintiff argued that interest groups are allowed to set up and manage the school, the fee is not run classes on personal behavior, whether the violation she did not know.
court verdict that the plaintiff presented evidence of the network logs without notarization, so non-certification of its authenticity. Even if the network log is true, is only the defendant in the course of the debate with friends some of my personal views. While the plaintiff is responsible for school teams and taekwondo taekwondo product potential interest groups access to the outstanding achievements during the period of the school's record merit awards, so the plaintiff obtained the social evaluation is not actually reduced. Therefore, the plaintiff's claim could be supported.
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Commentary
Zhang Liang
defamation disputes in modern society is another common, but, about a day into thousands of pieces of the proceedings. The case was aroused widespread concern in society, is that it occurs in a pair of special between subjects.
University is one of the existence of the society to retain the value of conscience and thought. Based on this, the university and its teachers should have an open heart, can be tolerant of criticism and dissent.
on the right, the teacher should teach students: it is not a gift, is the need to actively seek, when necessary, may be a life for a price. However, when attacked by the students of his own, he must be able to be tolerant to diversity of. Because he is a man teacher, he shaped the minds of students to what tall what is lowly standards, he should model for students, a true citizen is how seriously both their rights and at others of their own misunderstanding of tolerance of.
the true meaning of the rule of law, not a civic aggressive genes, but to achieve interpersonal harmony. Each of us has the right to protect their rights, but should assume the right to find the best way to maintain the obligation. To all the contradictions into the court, trying to resolve all litigation is unrealistic. In the increasing emphasis on
case, von teachers should be resolutely safeguard the procedural rights. Teacher-student relationship conflicts, should not lead to procedural rights had not been apparent, and this is a rule of law should have the feelings. (Trainee newspaper reporter Zhang Liang)