2010年4月14日星期三

HIV women in Hefei, said the event producers Beixing Ju do not know what HIV is the disease

4 11, Bozhou man Guang-expansion in retaliation for another person, one Internet cafe in Hefei, the use of the Internet on the fabrication of false facts in the Forum, the Internet posting said Li Jingxia mother and daughter trio engaged in prostitution in Hefei, and suffering on AIDS, also released three photos on the Internet and Li Jingxia relations people call the phone number (total 89), this lead to Hefei Edition "HIV Women" event. Reporter learned yesterday afternoon from the Public Security Bureau of Hefei City, Guang-expansion was on April 13 by the police detention is unlawful.


Origin: Network Forum Jingxian "HIV Women" event


4 11, net called "fear virus" of Internet users in Hefei, a forum to "sell their own body in Hefei got AIDS" in the title post says: There are places named Chunlan The woman and her two daughters to engage in prostitution in Hefei, people with "AIDS\Photos sent to the forum.


the posts on the Internet appears, attaches great importance to the Public Security Bureau of Hefei City, which is responsible to immediately proceed with the relevant departments to investigate the matter. At half past twelve on the April 13 Xu, rental flows eastward in the vicinity of the Xiao-Yun Hefei (a pseudonym) and her sister, Xiaolin (a pseudonym) to the Public Security Bureau of Hefei package Creek Branch report said a surname Zhao Men's Network forum in Hefei fabricated a false facts, posted her mother and their sisters engaged in prostitution in Hefei, suffering from AIDS, and mother and three of the photos made in a forum.


Truth: posts to make them at the Hefei not stay


after receiving the report, the city Public Security Bureau visited packet Creek police investigation, on the same day 14:30 Xu, Hefei, South Second Ring Road in the vicinity of the Posted by Guang-expanding summoned to the police for investigation.


by the police for investigation, Posted by Guang-expansion, M, 42 years old, Anhui Bozhou people, in October 2009 came from Hefei Bozhou Feidong 20 ports in the vicinity have been divorced for many years to know fellow Chunlan. In the same year in December, and together they rented in Hefei in bamboo houses near the West Village. Intercourse, Chunlan began to feel two together do not come, often because of some minor shouting. April 1, 2010, two again because of a trivial quarrel, fight, fight, Chunlan Guang-expanding mobile phone was snatched. The next day, Chunlan have moved out of rental housing, then, Guang-expansion has been looking for Chunlan. April 11, Zhao Chunlan see can not be found, in retaliation for Chunlan, expand its influence, so that mother and daughter trio Chunlan can not continue to live in Hefei, Hefei, Guang-expanding it in a forum made a post, and Chunlan 80 randomly selected phone number of the owner's phone number, cut out the previous photo of himself and Chunlan Chunlan phone photos and photos with the two daughters sent to the forum.


treatment: detainees suspected of fabricating stories to slander others


4 13, Pack Creek Branch Public Security Bureau of Hefei City based "The People's Republic of China on Administrative Penalties for Public Security Act" fourth 12 second paragraph, according to the Guang-expanding administrative detention on the 8th, the penalty notice for the police , Guang-expansion that is not a defense. Reporter Search "The People's Republic of China on Administrative Penalties for Public Security Act," know the relevant reads as follows: The fourth 12 of the following acts, the Office on the 5th detention or a fine of 500 yuan; serious case, the Office on the 5th or above detention on the 10th, may impose a fine of 500 yuan the following: (b) an affront others or fabricating facts to slander others.


dialogue: Posted by I begin to wonder, "HIV" is Gesha


interviews to reporters, Guang-expansion that their offenses were committed is "a curse in the online postings" and criticized the "I object." Fabrication because of prostitution of others suffering from AIDS Guang-expansion has told reporters that he did not know that AIDS is Gesha disease, and its posting is in retaliation for the purpose of its rental and then had left him, Li Jingxia.


Reporter: First introduced to the situation in your own right.


Guang-expansion: I am Bozhou people, in October 2009 to Hefei working, first working on site at Lakeside, the latest is always raining, not live to do, therefore postings on the Internet.


Reporter: What did you do it?


Guang-expansion: I post messages in online forums curse, and curse my object. Title says prostitution, suffer from AIDS.


Reporter: Why do "they\


Guang-expansion: refers to the mother and three, I wrote the title is "they" is actually about her (Chunlan) themselves, not about her daughter.


Reporter: Why she had AIDS, how do you know?


Guang-expansion: I do not know if she has AIDS, Xia Xie's. I do not know Shajiao AIDS.


Reporter: send photos to the web where from?


Guang-expanding: with me is that when the New Year with the photo in the park, and there is by plane from her memory Kari copy down.


Reporter: those published telephone number where they come from.


Guang-expansion: come out through the phone. Phone is broken, so I play a single call from the words on the list in random number selected.


Counsel Comments:


the victims can claim compensation for losses


Women with HIV surfaced

events, which actually posted will assume responsibility? Chunlan been infringed, and those who are unwarranted published a number of people to protect their rights, the reporter interviewed Anhui Sheng Jin Meng Shuli lawyer law firm. Bangladesh lawyers pointed out that nearly a real phone number in the right number of people without the consent of the premise, is posted unauthorized release to the public, regardless of "Chunlan" and the phone number if the owner had an affair, but behavior have been arrested for violation of their privacy and reputation. The victims have the right to stop the abuse, rehabilitation, eliminating the effects of apology, and may claim damages.


corresponding terms: According to the "Supreme People's Court on implementation of the some issue (Trial)" Article 40 provides: "a written, oral and other forms of promoting other people's privacy, or fabricating facts publicly vilify the character of others, as well as insult, libel or other means to damage the reputation of others, causing a certain effect, shall be considered honorary citizens of the right to act against. "


different from the alleged tort of defamation


"Posted by Bobby expansion may also alleged defamation. "Perpetrators behind the Bobby apparently deliberate fabrication expansion and spread of the false facts to vilify Chunlan. As the incident caused a great social impact, to Chunlan I brought a negative impact on their families, so the behavior is different from the general civil honor violations, suspected to constitute defamation.


in civil liability, since the publication of phone numbers is bound to the cell phone owners with personal and family problems, negative social impact, may even disturb the normal order of social life. Therefore, Zhao also must bear the infringement of privacy and reputation of civil liability.


corresponding provisions: In accordance with China's "Criminal Law" second 百 46 provisions of defamation is the deliberate dissemination of false and fictitious facts, sufficient to disparage others, personality, damaged the reputation of others, serious behavior. Circumstances guilty of defamation is that the perpetrator acts of fabricating facts to slander others, must be "serious cases" with it, can be placed on file investigated.

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