| Ten Model Civil Cases of Vigorously Carrying forward Core Socialist Values by the People's Courts Published by the Supreme People's Court | | 最高人民法院发布人民法院大力弘扬社会主义核心价值观十大典型民事案例 |
| (May 13, 2020) | | （2020年5月13日） |
| 1. Public interest case of dispute over the right of reputation of heroes and martyrs Dong Cunrui and Huang Jiguang | | 1.董存瑞、黄继光英雄烈士名誉权纠纷公益诉讼案 |
| 2. Public interest case of dispute over the right of reputation of martyr Xie Yong in Huai'an | | 2.淮安谢勇烈士名誉权纠纷公益诉讼案 |
| 3. Case of claim for compensation arising from fall from a fruit tree to death of a farmer who picked fruits without permission | | 3.村民私自上树摘果坠亡索赔案 |
| 4. Case of claim for compensation for sudden death of a person who was prevented from leaving after he knocked down and injured a child | | 4.撞伤儿童离开被阻猝死索赔案 |
| 5. Case of reputation infringement arising from mass sending of improper remarks in a WeChat group | | 5.微信群发表不当言论名誉侵权案 |
| 6. Case of invalidity of a contract on “click farming” | | 6.“暗刷流量”合同无效案 |
| 7. Case of breach of contract after the property developer made a tip-off on the sale of houses without certificates | | 7.开发商“自我举报”无证卖房毁约案 |
| 8. Case of reverse claim to the restaurant due to injuries arising from fall after a dine and dash | | 8.吃“霸王餐”逃跑摔伤反向餐馆索赔案 |
| 9. Case involving voluntary support to the elderly and heritage | | 9.自愿赡养老人继承遗产案 |
| 10. Case of designation of a guardian for a child living in difficult circumstances | | 10.困境儿童指定监护人案 |
| Case No. 1 | | 案例一 |
| Public interest case of dispute over the right of reputation of heroes and martyrs Dong Cunrui and Huang Jiguang | | 董存瑞、黄继光英雄烈士名誉权纠纷公益诉讼案 |
| -- People's Procuratorate of Xihu District, Hangzhou City v. Qu for infringing on the right of reputation of martyrs | | --杭州市西湖区人民检察院诉瞿某某侵害烈士名誉权公益诉讼案 |
| Core value: protection of revolutionary heroes and martyrs | | 核心价值：革命英烈保护 |
| I. Basic Facts | | 一、基本案情 |
| In the online shop he operated, Qu sold two posters. There are the figure of “Dong Cunrui blew up the fort by sacrificing himself” and the notable characters “Commander, you cheat me! There is glue on both sides!!” on one poster; and there are the figure “Huang Jiguang blocked the machine gun muzzle by sacrificing himself” and the notable characters “For girls, I am willing to jump into the pit of fire!” After purchasing the posters with the aforesaid publicity figures of Dong Cunrui and Huang Jiguang and characters in the online shop, a resident in Hangzhou City deemed that the operator of the online shop involved infringed on the reputation of Dong Cunrui and Huang Jiguang and harmed his patriotism. Therefore, the resident sent a tip-off to the People's Procuratorate of Xihu District, Hangzhou City. | | 瞿某某在其经营的网络店铺中出售两款贴画，一款印有“董存瑞舍身炸碉堡”形象及显著文字“连长 你骗我！两面都有胶！！”，另一款印有“黄继光舍身堵机枪口”形象及显著文字“为了妹子，哥愿意往火坑跳！”。杭州市某居民在该店购买了上述印有董存瑞、黄继光宣传形象及配文的贴画后，认为案涉网店经营者侵害了董存瑞、黄继光的名誉并伤害了其爱国情感，遂向杭州市西湖区检察院举报。 |
| The People's Procuratorate of Xihu District issued an announcement and notified the close relatives of Dong Cunrui and Huang Jiguang of filing civil lawsuits. After the expiration of the announcement period, no plaintiff meeting the conditions filed a lawsuit. The People's Procuratorate of Xihu District filed a public interest lawsuit with the Internet Court of Hangzhou City. | | 西湖区检察院发布公告通知董存瑞、黄继光近亲属提起民事诉讼。公告期满后，无符合条件的原告起诉，西湖区检察院遂向杭州互联网法院提起民事公益诉讼。 |
| II. Judgment | | 二、裁判结果 |
| The Internet Court of Hangzhou City held that heroes and martyrs are spiritual coordinates of the state and immortal backs of the nation. The hero and martyr Dong Cunrui blew up a fort by sacrificing himself in the “War of Liberation” and the hero and martyr Huang Jiguang blocked the machine gun muzzle by sacrificing himself in the “War to Resist US Aggression and Aid Korea.” They composed world-shaking heroic poetry with blood and lives and reflected eminent revolutionary integrity and great patriotism, and they were important embodiments of socialist core values. No one may distort, uglify, desecrate, and deny the deeds and spirits of heroes and martyrs. As a citizen of the People's Republic of China, defendant Qu should respect, remember, study, and defend the heroes and martyrs and may not insult and slander the reputation of heroes and martyrs. His acts of selling the posters with figures of heroes and martyrs on an online platform have derogated the reputation of heroes and martyrs. Since he committed the said acts with subjective knowledge, his acts constituted infringement on the reputation of Dong Cunrui and Huang Jiguang. Defendant Qu has engaged in marketing activities through an online shop and he should know that once the pictures were issued, they may be viewed by unspecific people and once the products were launched, they may be spread to all parts of the country. However, he still issued and sold the aforesaid posters on the Internet, which has caused execrable social impacts and impaired public interests, and he should assume the civil legal liability according to the law. The Internet Court of Hangzhou City entered a judgment that Qu should immediately stop acts of infringing on the right of reputation of heroes and martyrs Dong Cunrui and Huang Jiguang, namely, destroying the inventory and no longer continuing the sale of the posters invovled, and he should, within ten days after the judgment took effect, extend a formal apology on a national media so as to eliminate adverse effects. | | 杭州互联网法院认为，英雄烈士是国家的精神坐标，是民族的不朽脊梁。英雄烈士董存瑞在“解放战争”中舍身炸碉堡，英雄烈士黄继光在“抗美援朝”战争中舍身堵枪眼，用鲜血和生命谱写了惊天动地的壮歌，体现了崇高的革命气节和伟大的爱国精神，是社会主义核心价值观的重要体现。任何人都不得歪曲、丑化、亵渎、否定英雄烈士的事迹和精神。被告瞿某某作为中华人民共和国公民，应当崇尚、铭记、学习、捍卫英雄烈士，不得侮辱、诽谤英雄烈士的名誉。其通过网络平台销售亵渎英雄烈士形象贴画的行为，已对英雄烈士名誉造成贬损，且主观上属明知，构成对董存瑞、黄继光的名誉侵权。同时，被告瞿某某多年从事网店销售活动，应知图片一经发布即可能被不特定人群查看，商品一经上线便可能扩散到全国各地，但其仍然在网络平台发布、销售上述贴画，造成了恶劣的社会影响，损害了社会公共利益，依法应当承担民事法律责任。该院判决瞿某某立即停止侵害英雄烈士董存瑞、黄继光名誉权的行为，即销毁库存、不得再继续销售案涉贴画，并于判决生效之日起十日内在国家级媒体公开赔礼道歉、消除影响。 |
| III. Significance | | 三、典型意义 |
| The deeds and spirits of Dong Cunrui, Huang Jiguang, and other heroes and martyrs are the joint historical memories and precious spiritual wealth of the Chinese ethnic peoples. Desecrating deeds of heroes and martyrs has not only infringed on the right of reputation of heroes and martyrs and caused mental pain of relatives of such heroes and martyrs, but harmed the national and historical sentiments of the public and impaired the public interests. The cases of infringement on the right of reputation on the Internet are featured with fast spreading speed and great social impacts. These two cases are first civil public interest cases of protecting the heroes and martyrs involved tried on the Internet. It has been specified that the people's court at the place where the infringement result occurred should have jurisdiction over a civil public interest case involving the Internet, which is favorable to efficient and targeted crackdown on illegal acts of infringing on the rights and interests of heroes and martyrs by using the Internet and injects law-based energy of respecting, loving, and admiring heroes into the cyberspace. | | 董存瑞、黄继光等英雄烈士的事迹和精神是中华民族共同的历史记忆和宝贵的精神财富。对英烈事迹的亵渎，不仅侵害了英烈本人的名誉权，给英烈亲属造成精神痛苦，也伤害了社会公众的民族和历史感情，损害了社会公共利益。互联网名誉侵权案件具有传播速度快、社会影响大等特点，该两案系全国首次通过互联网审理涉英烈保护民事公益诉讼案件，明确侵权结果发生地法院对互联网民事公益诉讼案件具有管辖权，有利于高效、精准打击利用互联网侵害英雄烈士权益不法行为，为网络空间注入尊崇英雄、热爱英雄、景仰英雄的法治能量。 |
| Case No. 2 | | 案例二 |
| Public interest case of dispute over the right of reputation of martyr Xie Yong in Huai'an | | 淮安谢勇烈士名誉权纠纷公益诉讼案 |
| -- People's Procuratorate of Huai'an City v. Zeng for infringement on the right of reputation of a martyr | | --淮安市人民检察院诉曾某侵害烈士名誉权公益诉讼案 |
| Core value: protection of heroes and martyrs in modern times | | 核心价值：当代英烈保护 |
| I. Basic Facts | | 一、基本案情 |
| There was a fire disaster in a high-rise housing in a residential community in Huai'an City, Jiangsu Province and the firefighter Xie Yong died a hero's death after falling from the housing when rescuing the trapped residents. The Ministry of Public Security and the relevant departments of Jiangsu Province retroactively recognized Xie Yong as a “revolutionary martyr,” granted him a posthumous award of the first-class merit, and awarded him the honorary title of “Fire Fighting Warrior.” Defendant Zeng openly made such insulting remarks on martyr Xie Yong's death in firefighting in a WeChat group that “He who does not die is a zero and he who dies is a hero,” “He fell to death due to his own incorrect operation. Is that other person's blame? I wonder how he trained in the military at ordinary times,” and “Do not mention detention. I am not afraid of being put into prison” and distorted the facts of martyr Xie Yong's heroic death. The close relatives of Xie Yong expressed that they did not file a civil action against Zeng's infringement and upheld the procuratorial organ's action and accountability of Zeng's infringement liability. The People's Procuratorate of Huai'an City, Jiangsu Province instituted a civil public interest action in the Intermediate People's Court of Huai'an City and requested the latter to order that Zeng should publicly extend a formal apology on the media to eliminate adverse effects. | | 江苏省淮安某小区一高层住宅发生火灾，消防战士谢勇在解救被困群众时坠楼壮烈牺牲，公安部和江苏省有关部门追认谢勇同志“革命烈士”称号，追记一等功以及追授谢勇“灭火救援勇士”荣誉称号。被告曾某对谢勇烈士救火牺牲一事在微信群中公然发表“不死是狗熊，死了就是英雄”“自己操作失误掉下来死了能怪谁，真不知道部队平时是怎么训练的”“别说拘留、坐牢我多（都）不怕”等侮辱性言论，歪曲烈士谢勇英勇牺牲的事实。谢勇的近亲属表示对曾某的侵权行为不提起民事诉讼，并支持检察机关提起诉讼追究曾某侵权责任。江苏省淮安市人民检察院遂向淮安市中级人民法院提起民事公益诉讼，请求判令曾某通过媒体公开赔礼道歉、消除影响。 |
| II. Judgment | | 二、裁判结果 |
| The Intermediate People's Court of Huai'an City held that the spirit of heroes and martyrs is embodiment of carrying forward the socialist core values and the spirit of patriotism. The whole society should realize the significance for protection of lawful rights and interests of heroes and martyrs and the whole society is liable for safeguarding civil rights and interests of heroes and martyrs including reputation and honor. In this case, defendant Zeng made insulting and false remarks by using a WeChat group and distorted the fact that martyr Xie Yong died a heroic death. Since there are many members in the WeChat group and the remarks are easy to spread, the acts of the defendant had negative effects on the spirits of martyr Xie Yong including being not afraid of hardship, being not afraid of sacrifice, and making selfless contribution, exceeded the scope of freedom speech, and constituted infringement on the reputation of martyr Xie Yong. The Internet is not a land beyond law and no one may recklessly distort or desecrate the heroic deed and spirit. Undermining the image of a martyr is a serious challenge to social morality. The acts of defendant Zeng infringed on the public interests and the Intermediate People's Court of Huai'an City ordered that Zeng should extend a formal apology on the local newspaper at the city level. | | 淮安市中级人民法院认为，英烈精神是弘扬社会主义核心价值观和爱国主义精神的体现，全社会都应当认识到对英雄烈士合法权益保护的重要意义，有责任维护英雄烈士的名誉和荣誉等民事权益。本案中，被告曾某利用微信群，发表带有侮辱性质的不实言论，歪曲烈士谢勇英勇牺牲的事实。因该微信群成员较多且易于传播，被告的此种行为对谢勇烈士不畏艰难、不惧牺牲、无私奉献的精神造成了负面影响，已经超出了言论自由的范畴，构成了对谢勇烈士名誉的侵害。网络不是法外之地，任何人不得肆意歪曲、亵渎英雄事迹和精神。诋毁烈士形象是对社会公德的严重挑战，被告曾某的行为侵犯社会公共利益，该院判令曾某应当在当地地级市一级报纸上公开赔礼道歉。 |
| III. Significance | | 三、典型意义 |
| This is the first case to which the Law of the People's Republic of China on the Protection of Heroes and Martyrs applies in the trial after the implementation of the Law and it is a model case where the procuratorial organ protects the reputation of firefighting heroes and martyrs in modern times and safeguards the public interests by instituting a public interest lawsuit. In this case, the heroic deed and spirit of martyr Xie Yong are praised by the state as valuable spiritual heritage of the whole society and the whole nation. His reputation, honor, and other personality rights have been raised to public interests and should not be desecrated. By using the WeChat group with many members and where information is easy to spread, Zeng deliberately made false and insulting remarks, distorted the fact that martyr Xie Yong died a heroic death, and undermined the image of the martyr, which have exceeded the scope of freedom of speech and infringed on martyr Xie Yong's personality rights and public interests, and Zeng should assume the corresponding legal liability. The judgment of this case conforms to the requirements of the times, responds to public voices, supports justice by legal analysis and reasoning, spreads social positive energy, and carries forward themes of the times. It has played active roles in creating the social environment advocating and respecting heroes and martyrs and defending the spirit of heroes and martyrs and guiding the public in establishing correct historical view, national view, and cultural view. | | 本案是《中华人民共和国英雄烈士保护法》实施后全国首例适用该法进行审判的案件，是以检察机关提起公益诉讼方式保护当代消防英烈名誉、维护社会公共利益的典型案例。本案中，谢勇烈士的英雄事迹和精神为国家所褒扬，成为全社会、全民族宝贵的精神遗产，其名誉、荣誉等人格权益已经上升为社会公共利益，不容亵渎。曾某利用成员众多、易于传播的微信群，故意发表带有侮辱性质的不实言论，歪曲烈士谢勇英勇牺牲的事实，诋毁烈士形象，已经超出了言论自由的范畴，侵害了谢勇烈士人格权益和社会公共利益，应承担相应的法律责任。本案裁判顺应时代要求，回应民众呼声，通过释法说理匡扶正义，传播社会正能量，弘扬时代主旋律，对营造崇尚英烈、敬重英烈、捍卫英烈精神的社会环境以及引导公众树立正确的历史观、民族观、文化观，起到积极作用。 |
| Case No. 3 | | 案例三 |
| Case of claim for compensation arising from fall from a fruit tree to death of a farmer who picked fruits without permission | | 村民私自上树摘果坠亡索赔案 |
| -- Li and other persons v. Villagers' Committee of Village A for dispute over violation of safety guarantee obligations and liabilities | | --李某某等人诉某村委会违反安全保障义务责任纠纷案 |
| Core value: public order and good morals and civility in travelling | | 核心价值：公序良俗、文明出行 |
| I. Basic Facts | | 一、基本案情 |
| Village A is a national AAA tourist attraction with free admission. There are Chinaberry trees along the riverbank in the village and the Villagers' Committee of Village A is owner of all Chinaberry trees. The Chinaberry trees only have ornamental purpose and the Villagers' Committee does not provide villagers or tourists with the tourist project of Chinaberry picking. Wu was a villager of Village A and when he climbed up to a Chinaberry tree to pick Chinaberries without permission, he fell down to the ground from the tree and got injured. The director of the Villagers' Committee called 120 and before the arrival of the emergency ambulance, some villagers sent Wu to an urban hospital for rescue and Wu died on the same day of fall despite of all rescue efforts. Wu's children including Li filed a lawsuit against the Villagers' Committee of Village A on the ground that it failed to perform the safety guarantee obligations and claimed that the Villagers' Committee should assume the compensatory liability of paying CNY600,000 in total. | | 案涉某村为国家3A级旅游景区，不收门票，该村内河堤旁边栽种有杨梅树，该村村委会系杨梅树的所有人。杨梅树仅为观赏用途，该村委会未向村民或游客提供杨梅采摘旅游项目。吴某某系该村村民，其私自上树采摘杨梅不慎从树上跌落受伤。随后，该村委会主任拨打120救助，在急救车到来之前又有村民将吴某某送往市区医院治疗，吴某某于摔倒当日抢救无效死亡。吴某某子女李某某等人以某村委会未尽安全保障义务为由起诉该村委会承担赔偿责任共计60余万元。 |
| II. Judgment | | 二、裁判结果 |
| The Intermediate People's Court of Guangzhou City held upon retrial that the safety guarantee obligations should be determined within the scope of the custodian's management and control capability. The tourist attraction invovled is an open scenic spot and it does not provide villagers or tourists with a tourist project of Chinaberry picking. There are no potential safety hazards of Chinaberry trees. If the Villagers' Committee of Village A is required to enclose all trees in the tourist attraction, set up warning signs, or take other preventative measures, it obviously exceeds the care standards of a good custodian. As an adult with full capacity for civil conduct, Wu should fully foresee the hazards of climbing a Chinaberry tree and picking Chinaberries and voluntarily avoid such hazardous acts. Wu climbed a Chinaberry tree and picking Chinaberries without permission, which not only violated the code of conduct of villagers in the village regulations that villagers should voluntarily maintain all collective property interests of the village, violated the social morality of taking care of public properties and travelling in a civilized manner, and was contrary to public order and good morals. Wu's fall and injury were caused by his own fault and it was difficult for the Villagers' Committee of Village A to foresee Wu's tree-climbing without permission and prevent the possible consequences. Therefore, it should not be determined that the Villagers' Committee of Village A did not perform the safety guarantee obligations. After the occurrence of the accident, the Villagers' Committee was not slack in organizing rescue. Wu fell to his death due to climbing a Chinaberry tree and picking Chinaberries without permission and the consequences were deplorable, but the Villagers' Committee of Village A was not at fault for Wu's death and it should not assume the compensatory liability. | | 广州市中级人民法院再审认为，安全保障义务内容的确定应限于管理人的管理和控制能力范围之内。案涉景区属于开放式景区，未向村民或游客提供采摘杨梅的旅游项目，杨梅树本身并无安全隐患，若要求某村委会对景区内的所有树木加以围蔽、设置警示标志或采取其他防护措施，显然超过善良管理人的注意标准。吴某某作为完全民事行为能力的成年人，应当充分预见攀爬杨梅树采摘杨梅的危险性，并自觉规避此类危险行为。吴某某私自爬树采摘杨梅，不仅违反了该村村规民约中关于村民要自觉维护村集体的各项财产利益的村民行为准则，也违反了爱护公物、文明出行的社会公德，有悖公序良俗。吴某某坠落受伤系其自身过失行为所致，某村委会难以预见并防止吴某某私自爬树可能产生的后果，不应认为某村委会未尽安全保障义务。事故发生后，某村委会亦未怠于组织救治。吴某某因私自爬树采摘杨梅不慎坠亡，后果令人痛惜，但某村委会对吴某某的死亡不存在过错，不应承担赔偿责任。 |
| III. Significance | | 三、典型意义 |
| This is a case where the judgment of first instance was amended upon retrial by the people's court according to its authority that the uncivilized traveler should assume the injury consequences on his own. The judgment entered upon retrial has unequivocally shown that justice may pity the weak, but it should not encourage or protect acts violating social morality and public order and good morals. If “he who makes mischief is in the right” or “he who gets injured is in the right,” the citizens' sense of moral responsibility in joint building of a civilized society will come under attack and if things go on like this, the moral standards of the society will be greatly declined. The judgment entered upon retrial in this case has expressly made negative evaluation on Wu's uncivilized travelling, ordered that Wu should assume the liability for his fall and death on his own, advocated public observation of rules, civilized travelling, caring of public properties, and environmental protection, co-built and shared social civilization matching with the new era, and achieved good social effects. | | 本案是人民法院依职权再审改判不文明出行人自行承担损害后果的案件。再审判决旗帜鲜明地表明，司法可以同情弱者，但对于违背社会公德和公序良俗的行为不予鼓励、不予保护，如果“谁闹谁有理”“谁伤谁有理”，则公民共建文明社会的道德责任感将受到打击，长此以往，社会的道德水准将大打折扣。本案再审判决明确对吴某某的不文明出行行为作出了否定性评价，改判吴某某对坠亡后果自行担责，倡导社会公众遵守规则、文明出行、爱护公物、保护环境，共建共享与新时代相匹配的社会文明，取得了良好的社会效果。 |
| Case No. 4 | | 案例四 |
| Case of claim for compensation for sudden death of a person who was prevented from leaving after he knocked down and injured a child | | 撞伤儿童离开被阻猝死索赔案 |
| -- Liu, Guo Li (middle name withheld), and Guo Shuang (middle name withheld) v. Sun and Property Management Company A for dispute over right of life | | --刘某某、郭某丽、郭某双诉孙某、某物业公司生命权纠纷案 |
| Core value: helping others and friendship in co-existence | | 核心价值：助人为乐、友善共处 |
| I. Basic Facts | | 一、基本案情 |
While riding a bicycle in a residential community, Guo Lin (middle name withheld) knocked down a five-year-old boy surname Luo who was playing in the community, causing Luo's injury and bleeding on the right jaw. After seeing this, Sun, a resident in the same community, immediately contacted Luo's parents and notified Guo Lin (middle name withheld) that he should wait for Luo's parents for dealing with the matter. Guo Lin (middle name withheld) claimed that he was ran into by Luo and intended to leave. As a consequence, Guo Lin (middle name withheld) and Sun had a verbal argument. Sun stood in front of the bicycle and prevented Guo Lin (middle name withheld) from leaving. Guo Lin (middle name withheld) became extremely angry and claimed that this matter should be handled by the police. Afterwards, he parked the bicycle, sat on a stone seat, and fell to the ground in less than two minutes. Sun called 120 and after arriving at the scene, the medical care personnel immediately implemented the rescue. Guo Lin (middle name withheld) died due to sudden heart arrest despite of all rescue efforts. As Guo Lin (middle name withheld)'s wife and children, Liu, Guo Li (middle name withheld), and Guo Shuang (middle name withheld) filed a lawsuit and requested that Sun and Property Management Company A of the community should assume the liability for compensation of over CNY400,000 and Sun should extend a formal apology.
．．．．．． | | 郭某林在某小区骑自行车时将在小区内玩耍的五岁男童罗某某撞倒在地，造成罗某某右颌受伤出血。同为该小区居民的孙某见状后，马上找人联系罗某某家长，并告知郭某林应等待罗某某家长前来处理。郭某林称是罗某某撞了自己，欲先离开。因此，郭某林与孙某发生言语争执。孙某站在自行车前阻拦郭某林，不让郭某林离开。郭某林情绪激动，称此事应交由110处理，随后将自行车停好，并坐在石墩上等候，郭某林坐下后不到两分钟即倒地。孙某拨打120急救电话，医护人员赶到现场即对郭某林实施抢救。郭某林经抢救无效，因心脏骤停死亡。刘某某、郭某丽、郭某双作为郭某林的配偶及子女，起诉请求孙某及小区物业公司承担赔偿责任共计40余万元，并要求孙某赔礼道歉。
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