On May 13, the Supreme People's Court held a press conference to release the top ten typical civil cases of the people's court vigorously promoting the core socialist values. Zheng Xuelin, Director of the First Civil Division of the Supreme People's Court, Liu Min, Deputy Director of the First Civil Division of the Supreme People's Court, and Pan Jie, Judge of the First Civil Division of the Supreme People's Court, attended the press conference and introduced the relevant situation. Li Guangyu, spokesperson of the Supreme People's Court, presided over the press conference.

Socialist core values are the core of the socialist core value system and the soul of socialist rule of law construction. Integrating socialist core values into the construction of the rule of law is an inevitable requirement for adhering to the combination of the rule of law and the rule of virtue, and an important way to strengthen socialist core values. Since the 18th National Congress of the Communist Party of China, General Secretary Xi Jinping has made important expositions and put forward clear requirements on cultivating and practicing socialist core values on many occasions. General Secretary Xi Jinping pointed out that core values carry the spiritual pursuit of a nation and a country, and reflect the value standards for judging right and wrong in a society. Building core values with strong appeal is related to social harmony and stability, and to the long-term stability of the country. We must vigorously promote and practice socialist core values throughout society, so that they are as ubiquitous as air, become the common value pursuit of all people, become the unique spiritual pillar for us to be Chinese, and become the code of conduct that people use every day without realizing it... As the state trial organ, the people's court shoulders the sacred mission of enforcing the law, settling disputes, punishing evil and promoting good, and safeguarding justice. It is the bounden duty of the people's court to lead social justice with judicial justice.

Over the past five years, the Party Group of the Supreme People's Court has thoroughly studied and resolutely implemented the decision-making arrangements of the Party Central Committee and General Secretary Xi Jinping's important expositions on cultivating and practicing socialist core values, and has always adhered to the organic combination of judicial service for the people, judicial justice, and vigorous promotion of socialist core values. It attaches great importance to reflecting clear value orientation in judicial judgments, so that behaviors that conform to socialist core values are advocated and encouraged, and behaviors that violate socialist core values are restricted and punished. It uses fair judgments to establish behavioral rules, lead new social trends, and promote the people to unite closely in terms of ideals and beliefs, values, and moral concepts, so as to give strong judicial service and guarantee for promoting the construction and development of a rule-of-law China and a safe China.

First, we will focus on strengthening system construction to ensure the effectiveness of our work. On October 12, 2015, the Supreme People's Court issued the "Several Opinions on Cultivating and Practicing Socialist Core Values in the Work of People's Courts", requiring people's courts at all levels to always adhere to the leadership of the Party and undertake the responsibility of advocating socialist core values with all the work of the people's courts. The opinions focus on striving to achieve the value goals of prosperity, democracy, civilization, and harmony, striving to pursue the value orientation of freedom, equality, justice, and the rule of law, and striving to practice the value standards of patriotism, dedication, integrity, and friendliness. It covers the guiding ideology, basic principles, and objectives and tasks of the people's courts in cultivating and practicing socialist core values, and makes a systematic and comprehensive deployment for the construction of socialist core values in people's courts at all levels across the country. On September 18, 2018, in order to implement the central government's requirements on integrating socialist core values into the construction of the rule of law, the Supreme People's Court formulated and issued the "Work Plan for Comprehensively Implementing Socialist Core Values in Judicial Interpretation (2018-2023)". The "Plan" clarifies that it is necessary to take Xi Jinping's Thought on Socialism with Chinese Characteristics for a New Era as the guidance, adhere to comprehensively governing the country according to law, adhere to the socialist core value system, adhere to the Party's leadership and judicial service for the people, adhere to the five principles of problem orientation, value leadership, and coordinated advancement, and integrate socialist core values into the establishment, drafting, argumentation, revision, supplementation, and abolition of judicial interpretations. In all aspects of work, we must ensure that judicial interpretations have a clear orientation, clear requirements, and effective measures, so as to provide a solid institutional guarantee for comprehensively governing the country according to law. The "Plan" provides value guidance for doing a good job in judicial interpretation.

Second, accurately connect with legislation and scientifically guide the lower levels. The "General Provisions of the Civil Law of the People's Republic of China" is based on China's national conditions and clarifies the legislative purpose of promoting socialist core values. On April 20, 2017, the Supreme People's Court issued the "Notice on Seriously Studying and Implementing the ", requiring people's courts at all levels to explain the law through trials and enforcement activities, and pay attention to publicizing the General Provisions of the Civil Law and the important significance of its promulgation and implementation in various forms, and vigorously promote socialist core values. The "Notice" organically combines the promotion of socialist core values with the publicity and study of the General Provisions of the Civil Law, which plays a positive role in promoting the spirit of the Civil Law and guiding judicial trial practice. On April 27, 2018, the "Law of the People's Republic of China on the Protection of Heroes and Martyrs" was deliberated and approved by the Standing Committee of the National People's Congress. The Law on the Protection of Heroes and Martyrs is an important law formulated to strengthen the protection of heroes and martyrs, safeguard social public interests, and inherit and promote the spirit of heroes and martyrs and patriotism. On May 8, 2018, the Supreme People's Court quickly issued a notice requiring people's courts at all levels to conscientiously study, publicize, and implement the "Law of the People's Republic of China on the Protection of Heroes and Martyrs", strengthen the comprehensive protection of heroes and martyrs, and punish illegal acts such as infringing on the rights and interests of heroes and martyrs and desecrating the image of heroes and martyrs in accordance with the law. On December 1, 2019, the newly revised "Drug Administration Law of the People's Republic of China" and the promulgated "Vaccine Administration Law of the People's Republic of China" were officially implemented. These two laws adhere to the people's health as the center and are committed to solving outstanding problems that do not meet the health needs of the people and hinder the development of the pharmaceutical industry. Their promulgation and implementation are of milestone significance. In order to achieve good law and good governance, the Supreme People's Court promptly issued the "Notice on Seriously Doing a Good Job in Studying and Implementing the (Revised)" on December 12, 2019, requiring people's courts at all levels to closely integrate with the actual situation of trial work, strictly implement the "four strictest" requirements, severely crack down on illegal and criminal acts involving vaccines and drugs in accordance with the law, strengthen the supervision and regulation of administrative law enforcement by administrative trials, correctly apply the system of civil compensation for advance payment of liability and punitive damages to severely sanction the illegal and irregular acts of producers and operators, fully safeguard the legitimate rights and interests of consumers, and effectively protect the people's health. The above measures convey a clear value orientation of maintaining and promoting socialist core values by judicial means, and reflect the benign interaction between justice and legislation.

Third, efforts were strengthened to provide examples and leadership, promoting positive social conduct. On March 8 and August 22, 2016, the Supreme People's Court released two sets of model cases promoting core socialist values. These cases spanned civil, administrative, criminal trials, and enforcement, covering areas such as family virtues, social ethics, public order and morality, friendly mutual assistance, honesty and trustworthiness, and environmental protection. By explaining the legal reasoning in these model cases, the court promoted truth, goodness, and beauty while denouncing falsehood, evil, and ugliness, generating a positive social response. On October 19, 2016, before the enactment of the Law on the Protection of Heroes and Martyrs, the Supreme People's Court used case guidance to focus on protecting the rights and interests of heroes and martyrs, publishing five model cases of People's Courts protecting the legitimate rights and interests of heroes according to the law. This effectively curbed actions that slander, insult, or defame heroes, or distort their image, and actively guided the public to respect, defend, learn from, and care for heroes, earning widespread praise from the people.

Socialist core values are in line with the excellent traditional culture of the Chinese nation and are closely related to the principles of equality, good faith, and public order and good customs in the Civil Code. Traditional civil trials in people's courts, compared with other types of trials, place more emphasis on the application of the principle of good faith, pay more attention to social ethical evaluation in individual cases, and focus more on substantive fairness and the pursuit of harmony. Therefore, civil trial work is an important front for cultivating and practicing socialist core values. In the new era, in the face of the new situation of values contest under the circumstances of ideological and cultural exchanges, integration and competition worldwide, and the new characteristics of diversified and changeable ideologies under the conditions of reform and opening up and the development of a socialist market economy, civil trial work faces considerable challenges in terms of diversified value judgment, complex interest balance, and the cultivation, guidance, and practice of core values. People's courts at all levels across the country adhere to the original aspiration and mission of "impartial justice for the people" and continuously improve the quality and efficiency of trial work and the level of judicial services. They give full play to the function of "using judicial justice to lead social justice" in the field of civil trials, and many excellent cases that promote socialist core values have emerged. The 10 typical civil cases vigorously promoting socialist core values released this time are vivid cases that have taken legal effect since 2018 and have received widespread social attention and public praise. They reflect and promote the goals, orientations, and norms of socialist core values from different aspects such as the protection of heroes and martyrs, acts of courage and righteousness, public order and good customs, honesty and friendship, and filial piety and love for the elderly, telling great truths with small cases and leading the new trend of the times.

The year 2020 is the year when a moderately prosperous society will be fully built and the "13th Five-Year Plan" will come to a successful conclusion. It is of great significance for the people's courts to continue to do a good job in building socialist core values. People's courts at all levels will thoroughly implement the spirit of the 19th National Congress of the Communist Party of China and the Second, Third, and Fourth Plenary Sessions of the 19th Central Committee, as well as the Central Political and Legal Work Conference, arm their minds with Xi Jinping's Thought on Socialism with Chinese Characteristics for a New Era, guide practice, promote work, persevere, and make persistent efforts to educate and guide the public to enhance their inner recognition of socialist core values through fair, efficient, and authoritative judicial judgments, so that advocating and practicing socialist core values will become the conscious action of the people and the good ethos of the entire society, so as to achieve sustained and healthy economic development and social stability, promote the construction of a higher level of safe China and rule of law China, and fully build a moderately prosperous society, providing strong judicial services and guarantees.
 

Public Interest Litigation Case on Reputation Rights Dispute of Heroes and Martyrs Dong Cunrui and Huang Jiguang - Public Interest Litigation Case of Xihu District People's Procuratorate of Hangzhou City v. Qu Moumou for Infringement of Reputation Rights of Martyrs

Core Value: Protection of Revolutionary Heroes and Martyrs

I. Basic Facts of the Case

Qu Moumou sold two kinds of stickers in his online store, one with the image of "Dong Cunrui sacrificing himself to blow up the bunker" and the prominent text "Company Commander, you lied to me! There is glue on both sides!!", and the other with the image of "Huang Jiguang sacrificing himself to block the machine gun" and the prominent text "For the sake of the girl, I am willing to jump into the fire pit!". A resident of Hangzhou purchased the above-mentioned stickers with the images and captions of Dong Cunrui and Huang Jiguang from the store. He believed that the operator of the online store infringed on the reputation of Dong Cunrui and Huang Jiguang and hurt his patriotic feelings, so he reported it to the Xihu District Procuratorate of Hangzhou.

The Xihu District Procuratorate issued an announcement notifying the close relatives of Dong Cunrui and Huang Jiguang to file a civil lawsuit. After the announcement period expired, no qualified plaintiff filed a lawsuit, so the Xihu District Procuratorate filed a civil public interest lawsuit with the Hangzhou Internet Court.

II. Judgment Result

The Hangzhou Internet Court held that heroes and martyrs are the spiritual coordinates of the country and the immortal backbone of the nation. Hero and martyr Dong Cunrui sacrificed himself to blow up the bunker in the "Liberation War", and hero and martyr Huang Jiguang sacrificed himself to block the gun in the "War to Resist US Aggression and Aid Korea", writing earth-shattering epics with blood and life, embodying lofty revolutionary integrity and great patriotism, and are an important embodiment of socialist core values. No one may distort, uglify, desecrate, or deny the deeds and spirit of heroes and martyrs. As a citizen of the People's Republic of China, the defendant Qu Moumou should respect, remember, learn, and defend heroes and martyrs, and must not insult or slander the reputation of heroes and martyrs. His act of selling stickers that desecrate the image of heroes and martyrs through the online platform has damaged the reputation of heroes and martyrs, and he is subjectively aware of it, constituting an infringement of the reputation of Dong Cunrui and Huang Jiguang. At the same time, the defendant Qu Moumou has been engaged in online store sales activities for many years, and should know that once the picture is released, it may be viewed by unspecified people, and once the product is launched, it may spread to all parts of the country, but he still released and sold the above-mentioned stickers on the online platform, causing a bad social impact and harming the public interest, and should bear civil legal responsibility according to law. The court ruled that Qu Moumou should immediately stop the act of infringing on the reputation rights of heroes and martyrs Dong Cunrui and Huang Jiguang, that is, destroy the inventory and must not continue to sell the stickers involved in the case, and publicly apologize and eliminate the impact in the national media within ten days from the date when the judgment takes effect.

III. Typical Significance

The deeds and spirit of heroes and martyrs such as Dong Cunrui and Huang Jiguang are the common historical memory and valuable spiritual wealth of the Chinese nation. Desecration of the deeds of heroes and martyrs not only infringes upon the right of reputation of the heroes and martyrs themselves, causes mental pain to the relatives of the heroes and martyrs, but also hurts the national and historical feelings of the public and damages the public interest of the society. Internet reputation infringement cases are characterized by fast dissemination speed and great social impact. These two cases are the first national Internet trials involving civil public interest litigation for the protection of heroes and martyrs, clarifying that the court where the infringement result occurs has jurisdiction over Internet civil public interest litigation cases, which is conducive to efficiently and accurately cracking down on illegal acts that use the Internet to infringe on the rights and interests of heroes and martyrs, and injecting the legal energy of respecting heroes, loving heroes, and admiring heroes into the cyberspace.

Huai'an Xie Yong Martyr's Right of Reputation Dispute Public Interest Litigation Case - Huai'an Municipal People's Procuratorate v. Zeng for Infringement of Martyr's Right of Reputation Public Interest Litigation Case

Core Value: Contemporary Hero and Martyr Protection

I. Basic Case Information

A fire broke out in a high-rise residential building in a community in Huai'an, Jiangsu Province. Firefighter Xie Yong heroically sacrificed himself when rescuing trapped people. The Ministry of Public Security and relevant departments in Jiangsu Province posthumously recognized Xie Yong as a "Revolutionary Martyr", posthumously awarded him a first-class merit, and posthumously awarded Xie Yong the honorary title of "Fire Fighting and Rescue Hero". The defendant, Zeng, openly published insulting remarks in a WeChat group regarding Xie Yong's heroic sacrifice in fighting the fire, such as "If you don't die, you are a bear, if you die, you are a hero", "Who can you blame if you fall down due to your own misoperation? I really don't know how the troops train usually", "Don't say detention, I am not afraid of going to jail", distorting the fact that the martyr Xie Yong heroically sacrificed himself. Xie Yong's close relatives stated that they would not file a civil lawsuit against Zeng's infringement and supported the procuratorial organ's filing of a lawsuit to pursue Zeng's tort liability. The People's Procuratorate of Huai'an City, Jiangsu Province, then filed a civil public interest lawsuit with the Intermediate People's Court of Huai'an City, requesting that Zeng be ordered to publicly apologize and eliminate the impact through the media.

II. Judgment Results

The Intermediate People's Court of Huai'an City held that the spirit of heroes and martyrs is the embodiment of promoting socialist core values and patriotism, and the whole society should realize the importance of protecting the legitimate rights and interests of heroes and martyrs, and has the responsibility to safeguard the reputation and honor of heroes and martyrs and other civil rights and interests. In this case, the defendant, Zeng, used a WeChat group to publish untrue remarks with insulting nature, distorting the fact that the martyr Xie Yong heroically sacrificed himself. Because the WeChat group has many members and is easy to spread, the defendant's behavior has had a negative impact on Xie Yong's spirit of not fearing difficulties, not fearing sacrifice, and selfless dedication, which has exceeded the scope of freedom of speech and constitutes an infringement on the reputation of the martyr Xie Yong. The Internet is not a place outside the law, and no one may arbitrarily distort or desecrate the deeds and spirit of heroes. Defaming the image of martyrs is a serious challenge to social morality. The defendant Zeng's behavior infringes on the public interest of the society. The court ordered Zeng to publicly apologize in a local prefectural-level newspaper.

III. Typical Significance

This case is the first case in the country to apply the Law of the People's Republic of China on the Protection of Heroes and Martyrs for trial after its implementation. It is a typical case of protecting the reputation of contemporary fire-fighting heroes and safeguarding the public interest by means of public interest litigation filed by the procuratorial organ. In this case, the heroic deeds and spirit of Xie Yong are commended by the state and have become a valuable spiritual heritage for the whole society and the whole nation, and his personal rights and interests such as reputation and honor have risen to the social public interest and cannot be desecrated. Zeng used a WeChat group with many members and easy to spread, deliberately published untrue remarks with insulting nature, distorted the fact that the martyr Xie Yong heroically sacrificed himself, and defamed the image of the martyr, which has exceeded the scope of freedom of speech, infringed on the personal rights and interests of the martyr Xie Yong and the social public interest, and should bear corresponding legal responsibility. The judgment in this case conforms to the requirements of the times, responds to the voice of the people, promotes justice through interpretation of the law and reasoning, disseminates positive social energy, promotes the main theme of the times, and plays a positive role in creating a social environment that respects heroes and martyrs, respects heroes and martyrs, and defends the spirit of heroes and martyrs, and guides the public to establish a correct view of history, nation, and culture.

Villager Sues for Compensation for Death from Falling from Tree After Picking Fruit Without Permission - Li et al. v. Village Committee for Dispute over Liability for Violating Safety Guarantee Obligations

Core Value: Public Order and Good Customs, Civilized Travel

I. Basic Facts of the Case

The village involved in the case is a national 3A-level tourist attraction and does not charge admission fees. There are bayberry trees planted next to the river embankment in the village, and the village committee is the owner of the bayberry trees. The bayberry trees are only for ornamental purposes, and the village committee does not provide bayberry picking tourism projects to villagers or tourists. Wu was a villager in the village. He climbed a tree to pick bayberries without permission and accidentally fell from the tree and was injured. Subsequently, the director of the village committee called 120 for help. Before the ambulance arrived, villagers sent Wu to a hospital in the city for treatment. Wu died on the same day he fell due to ineffective rescue efforts. Wu's children, Li et al., sued the village committee for compensation totaling more than 600,000 yuan on the grounds that the village committee had failed to fulfill its safety guarantee obligations.

II. Judgment Results

The Guangzhou Intermediate People's Court held in the retrial that the determination of the content of the safety guarantee obligation should be limited to the scope of the manager's management and control capabilities. The scenic spot involved in the case is an open scenic spot and does not provide tourism projects for villagers or tourists to pick bayberries. The bayberry trees themselves do not have safety hazards. If the village committee is required to enclose all the trees in the scenic spot, set up warning signs, or take other protective measures, it is obviously beyond the standard of a good manager's attention. Wu, as an adult with full civil capacity, should have fully foreseen the danger of climbing bayberry trees to pick bayberries and consciously avoid such dangerous behavior. Wu's unauthorized climbing of trees to pick bayberries not only violated the villagers' code of conduct in the village rules and regulations regarding villagers' conscious maintenance of the collective property interests of the village, but also violated the social morality of cherishing public property and traveling in a civilized manner, which is contrary to public order and good customs. Wu's fall and injury were caused by his own negligence. The village committee could not foresee and prevent the possible consequences of Wu's unauthorized climbing of trees, and it should not be considered that the village committee had failed to fulfill its safety guarantee obligations. After the accident, the village committee did not fail to organize rescue efforts. Wu died of accidental death after climbing a tree to pick bayberries without permission, which is regrettable, but the village committee is not at fault for Wu's death and should not be liable for compensation.

III. Typical Significance

This case involves a retrial by the People's Court based on its authority, which resulted in a judgment that the uncivilized traveler should bear the consequences of the damage themselves. The retrial judgment clearly states that the judiciary can sympathize with the vulnerable, but it does not encourage or protect behaviors that violate social ethics and public order. If 'whoever makes trouble is justified' or 'whoever gets hurt is justified,' the moral responsibility of citizens to jointly build a civilized society will be undermined, and over time, the moral standards of society will be greatly reduced. The retrial judgment in this case clearly made a negative evaluation of Wu's uncivilized travel behavior, changed the judgment to hold Wu responsible for the consequences of the fall, advocated that the public abide by rules, travel in a civilized manner, care for public property, and protect the environment, and jointly build and share social civilization that matches the new era, achieving good social results.

Claim for Death Compensation after Leaving the Scene of a Child Injury Accident – Liu Moumou, Guo Mouli, Guo Moushuang v. Sun Mou, a Property Management Company for a Dispute over the Right to Life

Core Values: Helping Others and Friendly Coexistence

I. Basic Facts

Guo Moulin knocked down a five-year-old boy, Luo Moumou, who was playing in the residential area while riding a bicycle in the area, causing Luo Moumou to injure and bleed from his right jaw. Sun Mou, also a resident of the residential area, immediately contacted Luo Moumou's parents and informed Guo Moulin that he should wait for Luo Moumou's parents to come and handle the matter. Guo Moulin claimed that Luo Moumou had hit him and wanted to leave first. As a result, Guo Moulin and Sun Mou had a verbal dispute. Sun Mou stood in front of the bicycle to stop Guo Moulin from leaving. Guo Moulin became emotional and said that the matter should be handled by 110, then parked his bicycle and sat on a stone pier to wait. Guo Moulin fell to the ground less than two minutes after sitting down. Sun Mou called 120 for emergency assistance, and medical personnel arrived at the scene to rescue Guo Moulin. Guo Moulin died of sudden cardiac arrest after the rescue failed. Liu Moumou, Guo Mouli, and Guo Moushuang, as Guo Moulin's spouse and children, filed a lawsuit requesting Sun Mou and the residential property company to bear compensation responsibilities totaling more than 400,000 yuan and demanded that Sun Mou make a public apology.

II. Judgment Results

The Pingqiao District People's Court of Xinyang City held that Sun Mou's action of asking Guo Moulin to wait for Luo Moumou's parents to handle the relevant matters after seeing Guo Moulin knocking Luo Moumou to the ground was aimed at protecting the interests of the child. This behavior is in line with common sense, is not only not illegal, but also legitimate, and should be affirmed and supported. Sun Mou and Guo Moulin did not know each other before the incident. Sun Mou did not know Guo Moulin's health condition. Although Sun Mou had a verbal dispute with Guo Moulin during the obstruction process, Sun Mou's words were not excessive, and the method and content of his obstruction were within normal limits. The obstruction behavior itself would not cause Guo Moulin's death. After Guo Moulin fell to the ground, Sun Mou promptly called 120 for emergency assistance. Guo Moulin unfortunately died of sudden cardiac arrest during the rescue process. There is no legal causal relationship between Sun Mou's obstruction behavior and Guo Moulin's death. Sun Mou is not at fault and should not bear tort liability.

Regarding the issue of whether a property management company should bear responsibility. The location where Guo Moulin and Luo Moumou collided was a recreational square for residents of the residential area. This location is not a dedicated passage for pedestrians and non-motor vehicles. There is no evidence to prove that Luo Moumou and other personnel engaged in recreational activities at this location exceeded a certain limit, thereby affecting normal traffic and public order. The cause of the accident was not the result of obstructed normal traffic in the residential area and cannot be attributed to poor management by the property company. During the dispute between Guo Moulin and Sun Mou, the security personnel of a property management company went to persuade them, fulfilling their corresponding management responsibilities. The property management company is not at fault for Guo Moulin's death and should not bear tort liability.

III. Typical Significance

For some time, negative news such as 'helping a fallen elderly person and being blackmailed' has been repeatedly reported in the media, and the public's conscience has been constantly tested and challenged, arousing people's concerns and worries about the decline of social morality. In this case, Sun Mou, a kind-hearted person, reasonably prevented the act of infringing on the rights and interests of children, which is not only not illegal but also legitimate and worthy of affirmation and encouragement. The judgment in this case that the kind-hearted person is not liable clearly sends a signal to the public that the law protects good people and good deeds, eliminates the public's concerns and worries about being involved in lawsuits for helping others, and makes issues such as 'to help or not to help' and 'to save or not to save' no longer become dilemmas that plague society. The judgment in this case plays a positive role in promoting and guiding the socialist core values of honesty, friendly coexistence, and mutual assistance.

Defamation Case for Improper Remarks in WeChat Group – A Company, Huang v. Shao for a Dispute over the Right of Reputation

Core Values: Social Morality, Civilized Interaction

I. Basic Facts

A company opened a beauty salon in a residential area. Huang is a shareholder of the company and also works as a beautician. Shao is an owner in the residential area. Shao had a verbal dispute with Huang in the beauty salon due to beauty service issues. Shao used his identity as the owner of the WeChat group in the residential area to spread rumors in the owner's WeChat group multiple times after the dispute, fabricating, slandering, defaming, and verbally abusing the company and Huang, and removed Huang from the owner's group. The company suffered serious business losses due to Shao's behavior. Therefore, the company and Huang filed a lawsuit with the court requesting Shao to make a public apology, eliminate the impact, restore their reputation, and also demanded compensation for losses and mental distress totaling 30,000 yuan.

II. Judgment Results

The Shunyi District People's Court of Beijing held that citizens and legal persons enjoy the right of reputation, and the personal dignity of citizens and legal persons is protected by law. It is forbidden to damage the reputation of citizens and legal persons by means of insults, defamation, etc. In this case, after a dispute with Huang, Shao published remarks targeting the company and Huang in the WeChat group of the residential area where they both lived and used Huang's photo as a matching picture. He used derogatory words against the company and Huang, but he did not submit evidence to prove the objective truthfulness of the remarks involved, causing the spread of inappropriate remarks. Shao was subjectively at fault. The spread of network information is rapid. Judging from the feedback from other users in the WeChat group, the remarks involved are indeed likely to cause speculation and misunderstanding about the beauty salon operated by the company, leading to negative perceptions of the company and Huang, resulting in a decrease in the social evaluation of the plaintiffs. Therefore, Shao's behavior infringed on the right of reputation of the company and Huang, and Shao should bear civil tort liability for this. The court of first instance discretionarily supported Huang's claim for a public apology, compensation for mental damages, and the company's claim for a public apology and compensation for economic losses. Shao refused to accept the judgment of first instance and filed an appeal. The Third Intermediate People's Court of Beijing rejected the appeal and upheld the original judgment.

III. Typical Significance

In the Internet+ era, although WeChat is a virtual network space, it has become a communication tool inseparable from people's lives. WeChat groups and Moments are not outside the law. Citizens in WeChat groups, Moments, and other network spaces also need to abide by national laws and regulations and cannot do whatever they want without restraint. Defaming others in WeChat groups and Moments constitutes online defamation and infringement of reputation, and corresponding legal responsibilities should be borne. This case is of positive significance for regulating citizens' online behavior, establishing a civilized communication style, and building a good online social order.

“Hidden Traffic Boosting” Contract Invalid Case – Chang vs. Xu for Dispute over Network Service Contract

       Core Value: Honesty and trustworthiness, network order

I. Basic Case Information

      Xu sought “hidden traffic resources” from Chang via WeChat. After negotiation, both parties confirmed that Chang would provide network hidden traffic boosting services for Xu. Xu paid Chang a total of over 10,000 yuan in service fees in three installments. Chang believed that, according to the third-party CNZZ backend data specified by Xu, Xu should also pay Chang a traffic service fee of 30,743 yuan. Xu argued that the traffic was adulterated and that the network hidden traffic boosting service provided by Chang itself violated mandatory legal provisions, claiming that Chang had no right to demand payment and disagreeing to pay the aforementioned amount. Chang sued Xu in the Beijing Internet Court, requesting a judgment ordering Xu to pay the service fee of 30,743 yuan plus interest.

II. Judgment Results

      The Beijing Internet Court held that the act of “hidden traffic boosting” violates the bottom line of business ethics, reduces the value of honest labor of competitors in the same industry, disrupts the proper market competition order, and infringes upon the interests of unspecified market competitors. At the same time, it will also deceive and mislead network users to choose network products that do not match their expectations. Over time, it will cause the bad consequence of “inferior coins driving out good coins” in the network market, and ultimately reduce the interests of the majority of network users. The transaction behavior of “hidden traffic boosting” between Chang and Xu infringes upon the interests of the majority of unspecified network users, thereby harming the public interest and violating public order and good customs, and their behavior should be absolutely invalid.

    The transaction of “hidden traffic boosting” is invalid, and both parties shall not obtain the expected contractual benefits based on consensual behavior. Since false traffic has already been generated, if the contract is invalidated by means of mutual return, it is tantamount to condoning the parties to profit through illegal acts, which violates the basic legal principle that no one shall profit from illegal acts. Therefore, the court of first instance did not support the claims of both parties to bear the consequences of the contract invalidation by sharing the contract proceeds. The profits obtained by Chang and Xu in the process of contract performance should be confiscated. The court of first instance ruled to reject the plaintiff Chang's claim that Xu should pay the service fee of 30,743 yuan and interest; and made a decision to confiscate the illegal gains of Chang and Xu. After the first instance judgment was made, neither party filed an appeal, and the first instance judgment has become legally effective.

III. Typical Significance

     This case is the first in the country involving the act of “hidden traffic boosting” to falsely increase website clicks. The real traffic of network products can reflect the popularity and quality of network products, and traffic has become an important factor for network users to choose network products. The act of “hidden traffic boosting” violates business ethics, violates the principle of good faith, and constitutes an infringement on the normal business order of the industry and the legitimate rights and interests of consumers, which is detrimental to the public interest. This case gives a negative evaluation to the validity of the “hidden traffic boosting” transaction behavior, and gives appropriate sanctions and penalties, which has a positive role in promoting the governance of chaos in the Internet field.

Developer “Self-Reporting” Unlicensed Sale of Houses to Breach Contract Case – A Real Estate Company vs. Li for Confirmation of Contract Invalidity Case

     Core Value: Honesty and trustworthiness, strict adherence to contracts

I. Basic Facts

     A real estate company and Li signed an internal subscription contract for commercial housing, which stipulated the names, addresses, basic information of the house, unit price, total price, payment method, payment time, and other content of both parties. On the day the contract was signed, Li paid all the house purchase price to the real estate company. Subsequently, the real estate company sued Li to the court on the grounds that the house in question had not obtained a pre-sale permit for commercial housing, requesting confirmation that the internal subscription contract signed by both parties was invalid, even though the development project in question had already obtained land use permits, construction land planning permits, construction engineering planning permits, and construction engineering construction permits.

II. Judgment Results

     The Xi'an Intermediate People's Court held that Li paid the full purchase price on the day the subscription contract was signed, and the contractual purpose of the real estate company as the seller had been achieved. However, it did not actively fulfill its contractual obligations and filed this lawsuit to claim the contract was invalid when the real estate market experienced a significant price increase, which violated the principle of good faith. Although the real estate company did not obtain a pre-sale permit for commercial housing at the time of signing the contract, which violated the commercial housing pre-sale permit system, the building in question had obtained the “four certificates” other than the pre-sale permit before the first-instance lawsuit, and the main body of the project had been built. During Li's appeal process, the building in question also obtained a pre-sale permit for commercial housing, and the risks that the pre-sale system intended to avoid no longer existed in this case. Therefore, the fact that the company did not obtain a pre-sale permit for commercial housing at the time of signing the contract does not necessarily lead to the invalidity of the civil legal act of signing the subscription contract. The company filed this lawsuit to claim the contract was invalid in order to obtain greater benefits beyond the contract expectations, which is obviously contrary to social value orientation and public perception, and the people's court will not support it.

III. Typical Significance

    This case does not mechanically determine that the house subscription contract is invalid because the developer did not obtain a pre-sale permit for commercial housing at the time of signing the contract. Instead, it combines factors such as the purpose of the contract, the performance of the contract, and the legislative purpose of the commercial housing pre-sale system to determine that the risks that the commercial housing pre-sale system intended to avoid no longer exist in this case. The developer filed this lawsuit as a malicious breach of contract to obtain benefits beyond the contract, so it gives a negative evaluation to the developer's breach of good faith, protects the legitimate rights and interests of consumers in accordance with the law, maintains the stability of real estate transactions, and guides market trading entities to operate in good faith and strictly abide by contracts. It is a fair judgment with warmth and power.

Eating a “King's Meal” and Fleeing, Injured, Counter-Claiming Against the Restaurant Case – Ma vs. She and Li for Dispute over Tort Liability

     Core Value: Honesty and trustworthiness

I. Basic Facts

Mr. She and Ms. Li are a married couple who run a restaurant. Mr. Ma and others dined at the restaurant run by Mr. She and Ms. Li, with a bill of about 260 yuan. Ms. Li noticed that Mr. Ma and the others left without paying, so she chased after them. When Ms. Li saw Mr. Ma and the others, she shouted for them to pay before leaving. Mr. Ma and the others then dispersed. Mr. Ma was closest to Ms. Li, so Ms. Li followed him closely and called 110 (police). Subsequently, Mr. She arrived and chased after Mr. Ma with Ms. Li. Mr. Ma fell and was injured while running away. After examination, Mr. Ma's injury was classified as a minor injury (Level 2), and he incurred medical expenses and other costs for hospitalization. Mr. Ma then sued the court, requesting Mr. She and Ms. Li to compensate him for more than 40,000 yuan in economic losses caused by the fall during the chase.

II. Judgment Results

The Intermediate People's Court of Xiangyang City believes that paying after a meal is a common social norm that all persons with full civil capacity should know. Mr. Ma and others left the restaurant without paying or informing the restaurant operators how to handle the meal expenses. This is an untrustworthy act of eating a 'free meal.' The act of the operator, Ms. Li, requesting Mr. Ma and others to pay is not inappropriate. Mr. She and Ms. Li stopped Mr. Ma and others from leaving after discovering their escape and asked Mr. Ma to pay or provide the contact information of the person treating. This is a legitimate act of self-help and there is no fault. Mr. Ma's fall during the escape was due to his own reasons, and there is no direct causal relationship between it and the appropriate and reasonable self-help behavior of Ms. Li and Mr. She. Ms. Li and Mr. She should not be liable for compensation for the losses caused by Mr. Ma's fall.

III. Typical Significance

Eating a 'free meal' is an uncivilized behavior that violates public order and good customs. Fleeing after eating a 'free meal' and then demanding compensation from the restaurant is not only legally unfounded but also subverts the public's sense of right and wrong. This case does not support 'I'm hurt, so I'm right' or 'I'm making a scene, so I'm right.' It does not support unreasonable compensation claims from those who eat 'free meals,' and it plays a positive role in promoting justice through judicial decisions and leading a new social trend of integrity, friendliness, and civilization.

Voluntary Support for the Elderly and Inheritance of Estate Case – Gao Mouxiang v. Gao Jia, Gao Yi, Gao Bing Inheritance Dispute Case

Core Value: Chinese Filial Piety

I. Basic Facts

Gao Mouqi and Li were the grandparents of Gao Mouxiang. Gao Mouxiang had no job and took care of Gao Mouqi and Li until their death. Gao Mouqi and Li's funeral arrangements were funded by Gao Mouxiang. Gao Mouqi and Li made a will before their death, stating that the resettlement house they lived in would be given to Gao Mouxiang because he took care of them. Gao Jia, Gao Yi, and Gao Bing are the children of Gao Mouqi and Li. The resettlement house was obtained by Gao Mouqi and Li in exchange for property with Gao Jia. Gao Jia, Gao Yi, and Gao Bing believe that the scribe of the will was Gao Mouxiang's wife, and there were no witnesses present, so the will is invalid. Gao Mouxiang filed a lawsuit against the above three as defendants, requesting confirmation that the will made by Gao Mouqi and Li was legal and valid, and confirmation that he obtained ownership of the resettlement house through inheritance.

II. Judgment Results

The Anshan Intermediate People's Court believes that the scribe of the will provided by Gao Mouxiang was Gao Mouxiang's wife. At the time of the will, the two were in a romantic relationship. This special intimate relationship has a conflict of interest with Gao Mouxiang's acquisition of the inheritance. It belongs to the prohibited scribe stipulated in Article 18 of the 'Inheritance Law of the People's Republic of China' (hereinafter referred to as the 'Inheritance Law'). Therefore, the scribing behavior does not meet the legal formal requirements of a will and should be invalid. This case should be handled in accordance with statutory inheritance. Although Gao Mouxiang is not a statutory first-order heir, he voluntarily supported Gao Mouqi and Li and bore the funeral expenses. According to Article 14 of the 'Inheritance Law,' people other than heirs who have provided more support to the deceased can be allocated appropriate inheritance. Gao Mouxiang can be regarded as a first-order heir.

The 'appropriate distribution of inheritance' stipulated in Article 14 of the 'Inheritance Law' refers to an appropriate proportion that is commensurate with the support behavior of non-heirs and compared with the support obligations fulfilled by other heirs with support obligations. Although Gao Mouxiang has no legal obligation to support his grandparents, he was able to serve his sick grandparents full-time for many years until their death, allowing the elderly to enjoy their later years. Gao Mouxiang almost fulfilled all the support behaviors for the birth, aging, illness, and death of the two deceased, Gao Mouqi and Li. This is a concrete manifestation of good social morality and is enough for society and the family to give praise. The other heirs in this case have the ability to support the elderly, but only took turns caring for them during their illness. Compared with Gao Mouxiang's care for the sick elderly for several years, Gao Jia, Gao Yi, and Gao Bing's behavior cannot be considered to have fulfilled their support obligations. Therefore, Gao Mouxiang has the right to obtain the right to inherit the resettlement house in question in proportion to his great contribution.

III. Typical Significance

The handling of inheritance not only involves the property relationship between the parties but also relates to family ethics and social morality. Heirs should eliminate misunderstandings in the spirit of mutual understanding and harmony, actively repair family relationships, and jointly promote good family traditions. In this case, although Gao Mouxiang has no legal obligation to support his grandparents, he was able to serve his sick grandparents full-time for many years until their death, which is a concrete manifestation of good social morality and should be encouraged. The judgment in this case highly affirmed Gao Mouxiang's support behavior in conjunction with the provisions of the 'Inheritance Law,' determined that he, as a non-statutory heir, enjoyed the first-order inheritance rights, and reasonably determined the scope of Gao Mouxiang's appropriate inheritance of the estate in combination with his support behavior, realizing the organic integration of emotion, reason, and law, and promoting the traditional Chinese virtues of unity, fraternity, and filial piety.

Designated Guardian Case for Children in Difficulties – Liuzhou Children's Welfare Institute Application to Determine Guardian Dispute Case

Core Value: Protection of Minors

I. Basic Facts

     Shao Moumou's mother was missing from a young age. Shortly after his full moon celebration, he was taken by his father, Shao Moujia, to be raised in the home of his paternal aunt, Shao Mouyi. In 2013, Shao Moujia and Shao Mouyi's husband passed away successively, and Shao Mouyi suffered from severe eye disease and had no fixed source of income, making her unable to continue caring for Shao Moumou. Shao Moumou was then placed in the home of his paternal aunt, Shao Moubing. However, Shao Moubing did not have the time to look after Shao Moumou and could not guarantee Shao Moumou's basic needs for life and growth, such as schooling and meals, leading to Shao Moumou being in a state of long-term homelessness. In January 2018, with the help of the government and other relevant departments, Shao Moumou entered the Liuzhou Rescue Station for temporary protection. In February 2018, the Liuzhou Rescue Station transferred Shao Moumou to the Liuzhou Children's Welfare Institute on the grounds that Shao Moumou was a child in distress, where he has lived ever since. In August of the same year, after multiple consultations between the Liuzhou Civil Affairs Bureau, the Children's Welfare Institute, the Liubei District Government, and the street community where Shao Moumou lived, it was confirmed in writing that the Liuzhou Children's Welfare Institute would serve as Shao Moumou's legal guardian, and an application for the designation of a guardian was submitted to the court. This case was supervised by the Liubei District Government of Liuzhou City, and the Liubei District People's Procuratorate supported the prosecution.

II. Judgment Results

     The Liubei District People's Court of Liuzhou City held that the persons qualified to be Shao Moumou's guardian had lost their guardianship ability or were unwilling to serve as guardians. As a public institution under the Civil Affairs Bureau, the Children's Welfare Institute has a social assistance responsibility for minors. In order to effectively protect Shao Moumou's legitimate rights and interests, and to enable him to solve practical problems such as settling down and attending school normally under the supervision of a legal guardian, the court ruled in accordance with the law to designate the Liuzhou Children's Welfare Institute as Shao Moumou's legal guardian.

III. Typical Significance

     Children are the hope of the family and the future of the country and the nation. Ensuring the healthy growth of children is the common responsibility of the entire society. This case is the first case in the Guangxi Zhuang Autonomous Region in which the procuratorial organ supported the prosecution of a guardian designated for a child in distress. The trial court, proceeding from the perspective of fully protecting the legitimate rights and interests of minors, designated a social welfare institution as the guardian through legal procedures. This is a beneficial exploration and practice by the people's court in the reform of domestic trial. The judgment in the case protects the legitimate rights and interests of minors in accordance with the law and fully reflects the humanistic care of the judiciary.