The online report of an impostor constitutes an apology and compensation for infringement
□ Our reporter Xu Peng
In daily life, it is not uncommon to make online complaints, abuse, and even illegal crimes by pretending to be someone else's name.
Recently, the People's Court of Golmud City, Qinghai Province heard a case of name right dispute.
Zhang learned that someone had used his name to report and complained on the government website, and realized that his name had been used fraudulently, so he reported the case to the police station.
After investigation, it was found that his colleague Wang used his name fraudulently.
Zhang believes that his right to name has been violated, so he sued Wang to the court, asking Wang to apologize publicly, restore his reputation, compensate 80,000 yuan for economic losses and 20,000 yuan for mental damage.
After the trial, the court held that Wang's behavior constituted an infringement of Zhang's right to name, and he should bear the tort liability in accordance with the law.
Wang's behavior caused Zhang to suffer mental damage. Zhang asked Wang to apologize in writing and compensate him for economic losses of 20,000 yuan. The reasons were justified and the court supported it.
The amount of mental damage consolation money requested by Zhang is too high. Considering the specific circumstances of Wang's infringement, as well as the consequences and impact of the infringement on Zhang, and the actual situation of the case, the court determined that the defendant Wang should compensate the plaintiff Zhang's spirit as appropriate. 2,000 yuan in damage relief.
In the end, the court ruled that the defendant Wang apologized to the plaintiff Zhang in writing, eliminated the impact, compensated 20,000 yuan for economic losses and 2,000 yuan in compensation for mental damage.
After the court, the judge stated that Article 1 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Determination of Liability for Compensation for Spiritual Damage in Civil Torts stipulates that due to the infringement of personal rights or specific things with personal significance, a natural person or his close relatives will file a lawsuit in the people's court. Where a request for compensation for mental damage is sought, the people's court shall accept it in accordance with the law.
In this case, Wang falsely used Zhang's name to report a complaint on the website, which caused certain mental pressure to Zhang. The court ordered the infringer to apologize in writing, and also supported the spirit of a certain amount of money according to the specific details, consequences and impact of the infringement. Damage consolation.
The parties sued to the court due to the infringement of the right of name, which reflects the protection and attention to the personality rights and the spiritual and economic interests formed based on the personality rights.
The court reminded citizens to respect the name rights of others in their daily lives, and to avoid interference, misappropriation, or impersonation of others' names due to disapproval and luck.