After many discussions by the collegial panel and strict examination and verification of the evidence according to law, the court of first instance held that the defendant China Legal Publishing House basically extracted the "administrative organ" written in the [summary] and [prompt and discussion] parts of case No.95 (entitled "Yan Daming and his wife v. Changsha Planning Bureau, Land and Resources Bureau and Real Estate Bureau for infringing their legitimate rights and interests") published by Liu Yaohua in the book Course of Administrative Law and Administrative Procedure. Because this article was judged by the first instance of our hospital and the second instance of Changsha Intermediate People's Court, Liu Yaohua's concluding words such as "taking advantage of his position", "using deception" and "forging others' handwriting" in the article "Prescription" constituted defamation of Yan and violated Yan's reputation right according to law. This causes Yan's social evaluation to be derogatory among people he knows or doesn't know. The defendant, as the editing and publishing unit, edited and published the excerpts from the Case of Prescription Science written by Liu Yaohua, and failed to fulfill the necessary auditing obligations. His behavior is infringing, subjectively flawed, and objectively damages Yan's reputation. Therefore, it should bear the corresponding civil liability. The court ruled that:
1. The defendant, China Legal Publishing House, immediately stopped publishing the book "Case Course of Administrative Law and Administrative Procedure Law" in the case of Yan Daming and his wife v. Changsha Planning Bureau, Land and Resources Bureau and Real Estate Bureau for infringing their legitimate rights and interests;
2. The defendant, China Legal Publishing House, published a statement of severe apology to the plaintiff in the national media within 30 days after this judgment came into effect, and the content of the apology must be reviewed by our court. If the defendant fails to perform the above obligations within the time limit, the court will draw up an announcement by itself and publish it in the corresponding media, and the relevant expenses arising therefrom shall be borne by the defendant;
3. The defendant, China Legal Publishing House, compensated the plaintiff, Yan, with 50,000 yuan for mental damages within 30 days after this judgment came into effect. If the defendant, China Legal Publishing House, fails to fulfill the above payment obligations according to this judgment, it will pay double the debt interest during the delay in performance in accordance with the provisions of Article 229 of the Civil Procedure Law of People's Republic of China (PRC);
The court of second instance (Changsha Intermediate People's Court 20 10 Chang Zhinuo. 09 12) upheld the original judgment;
Yan defended her rights and interests through legal procedures. Tell the truth with evidence and facts.
Rawls famously said that law should be consistent with justice. The law is greater than the sky, and the rule of law is the world! Whether it is a lawyer (Liu Yaohua) or China Legal Publishing House, the highest authority in the legal field, in order to achieve their own profits, they will not hesitate to harm the interests of others, and eventually they will pay the price!
Person in charge of the website:
Your website reprinted the article "How to calculate the limitation of administrative litigation in real estate cases where administrative organs have not fulfilled their obligation to inform", and its content is untrue! It was Liu Yaohua, a lawyer of Changsha 2 1 Century Law Firm in Hunan Province, who published this article out of thin air and irresponsibly at the expense of others in order to get the manuscript fee. This article has been made by the court of first instance (2003) No.265. It is believed that the use of Yan's concluding words such as "taking advantage of his position", "forging other people's handwriting" and "cheating" in published articles has constituted defamation of Yan and violated Yan's reputation right according to law. His behavior is enough to put Yan among people he knows or doesn't know. The court of second instance (civil judgmentNo.:1998/1999)1156) upheld the original judgment.
Why are infringing, defamatory and insulting articles still reproduced on your website? Is it because primary school IQ doesn't know the law? I am writing to inform you that I urge you to delete the article! Don't hurt an innocent and respected old man again! Otherwise, we will use legal means to defend our rights and interests! Will go to court!
Tell the truth with facts! ：
2 1 century law case textbook "Case Course of Administrative Law and Administrative Procedure Law" series 95th case (author: Wang Chengdong, Ying Songnian) is untrue. Press: China Legal Publishing Time: 2003- 10-)! The textbook was not published in accordance with many laws and regulations of our country, did not list any facts and evidence, did not quote the credible documents of the four major administrative departments, especially did not quote the effective judgment documents of the court and the verification conclusions of public authorities! Moreover, the words in the textbook seriously slander, insult and hurt an innocent and respected old man! Now tell the truth. I hope everyone will publish correct articles from a legal point of view!
Yan's son and daughter-in-law cruelly kicked the door open at midnight on February 26th 1990 12: 30, rushed to their parents' bed, made vicious insults and threats, and forced their parents out of Yan's building (a building built with their hard-earned money). Since then, their son and daughter-in-law and a group of her family have lived in Yanshi Building for six years. They have to do it. The handover was handled through legal and proper procedures! The confirmation of the title certificate is also in line with the law. According to the facts and documents, according to the procedures and regulations, the procedures for issuing the house ownership certificate have been completed step by step! Moreover, there is a reply from the competent department and a certificate from the competent tax bureau and industrial and commercial bureau, which proves that the building is not included in the strict fixed assets of the research institute (not the assets of state-owned enterprises mentioned in the book). The tax bureau has proved that the confirmation of the second property right certificate of the house built strictly with personal patent fees has been approved by the final judgment of Hunan Provincial High Court! Yan Daming and his wife mentioned in the book are "uninformed". In fact, Diao Daming and his wife are informed, and the administrative department has informed them in writing to give evidence. But they can't prove it. Moreover, they used their relatives as the directors of the Hunan Provincial Bureau of Letters and Calls, sealed the Hunan Provincial Bureau of Letters and Calls, and sent letters to various departments (including Changsha Planning Bureau, Land and Resources Bureau, Real Estate Bureau and other departments) to obstruct the application! The "judgment of Changsha Intermediate People's Court 200 1 1.22" mentioned in the book is fabricated by the author! It's a myth! (There is no such judgment! The building is Yan's personal property, not owned by the eight partners mentioned in the book. "It is the author's whimsy to deceive readers, making up stories and making them out of thin air! It's funny that a well-known professor of a famous university of political science and law in China actually copied the existing court judgment, which constituted a libel against Yan and violated Yan's reputation right. Modify the title of the article according to law and edit it into a teaching material as your masterpiece! No wonder lawyers can publish a large number of articles without evidence or factual basis, and earn the manuscript fee only by imagination! This is the sorrow of our country!
Yan lived an aboveboard and upright life, and enjoyed a high reputation in the whole country because of his devotion to the cause, his enthusiasm for charity, his care for his children and his success in his career. 1984-1989 Yan successively donated tens of thousands of yuan to hometown primary school, Shaping township primary school in Changsha county and Shaping township nursing home. 1 991July, Hunan was hit by a severe flood disaster, and Yan donated110,000 yuan to the people in the disaster area. In June, 1992, 1. 1, Yan donated 600,000 yuan to Yueyang Factory.
On the Authenticity of How to Calculate the Limitation of Administrative Litigation in Real Estate Cases
How to calculate the limitation of administrative litigation in real estate cases > The author's name is Liu Yaohua, lawyer of Changsha 21st Century Law Firm in Hunan Province. As the attorney of Yan Daming and his wife, there was no effective legal document to confirm the case before it was decided. Without sufficient evidence and confirmation of the state's public power, the article is published only by self-judgment. The words and expressions in the article seriously slandered, insulted and hurt an innocent old man. Yan mentioned in the article will be brought to court in 2003. After accepting the case, the court held that Liu Yaohua's use of Yan's concluding words such as "taking advantage of his position", "forging other people's handwriting" and "cheating" in his article constituted a libel against Yan and violated Yan's reputation right according to law. His behavior is enough to reduce Yan's social evaluation. The court of first instance decided to apologize to Yan and published an article in an influential newspaper in China to apologize to Yan. The court of second instance upheld the original judgment. On June 9th, 2003,65438+February 9th, 2003, Liu Yaohua submitted an apology article. Now someone is reprinting its articles on the Internet. I think someone used the article to slander Yan's reputation! Therefore, it is necessary to make the real situation public and let everyone evaluate it correctly!
The apology article of Liu Yaohua, a lawyer of Hunan Changsha 21st Century Law Firm, is published as follows: