Official Reply of the Supreme People's Court to Issues concerning the Trial of Cases Involving Rights to Reputation
Official Reply of the Supreme People's Court to Issues concerning the Trial of Cases Involving Rights to Reputation
Official Reply of the Supreme People's Court to Issues concerning the Trial of Cases Involving Rights to Reputation
Fa Fa [1993] No.15
August 7, 1993
The people's courts have raised several questions on the application of law in the trial of cases involving rights to reputation, and we hereby answer the questions as follows:
Question I: How shall a people's court examine an action involving a dispute over the rights to reputation?
Answer: When a people's court receives an action involving a dispute over the rights to reputation, an examination shall be conducted in accordance with the provision of Article 108 of the Civil Procedure Law of the People's Republic of China (hereinafter referred to as "Civil Procedure Law"). Where the requirements are complied with, the people's court shall accept the action. Where the action does not comply with the requirements of filing an action, the people's court shall render a decision refusing to accept the action; where the action lacks the facts relating to infringement and is not in compliance with the requirements of filing an action, but the filing of the action is insisted on, the people's court shall render a decision dismissing the action.
Question II: Where a party is insulted or slandered in a public place, and files an action after the infringement has been handled by a public security authority in accordance with the Regulations of the People's Republic of China on Penalties for the Violation of Public Security Administration ("Security Administration Punishment Regulations"), shall the people's court accept the action?
Answer: Where a party is insulted or slandered in a public place and files an action on the grounds that its right of reputation is infringed upon, the people's court shall conduct an examination in accordance with the law no matter whether the infringement has been handled by a public security authority in accordance with the Security Administration Punishment Regulations.
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Fa Fa [1993] No.15
August 7, 1993
The people's courts have raised several questions on the application of law in the trial of cases involving rights to reputation, and we hereby answer the questions as follows:
Question I: How shall a people's court examine an action involving a dispute over the rights to reputation?
Answer: When a people's court receives an action involving a dispute over the rights to reputation, an examination shall be conducted in accordance with the provision of Article 108 of the Civil Procedure Law of the People's Republic of China (hereinafter referred to as "Civil Procedure Law"). Where the requirements are complied with, the people's court shall accept the action. Where the action does not comply with the requirements of filing an action, the people's court shall render a decision refusing to accept the action; where the action lacks the facts relating to infringement and is not in compliance with the requirements of filing an action, but the filing of the action is insisted on, the people's court shall render a decision dismissing the action.
Question II: Where a party is insulted or slandered in a public place, and files an action after the infringement has been handled by a public security authority in accordance with the Regulations of the People's Republic of China on Penalties for the Violation of Public Security Administration ("Security Administration Punishment Regulations"), shall the people's court accept the action?
Answer: Where a party is insulted or slandered in a public place and files an action on the grounds that its right of reputation is infringed upon, the people's court shall conduct an examination in accordance with the law no matter whether the infringement has been handled by a public security authority in accordance with the Security Administration Punishment Regulations.
......