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Right to Reputation Damage Case 
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1989.06.21
    RIGHT TO REPUTATION DAMAGE CASE--Chen Xiuqing Vs. Wei Xiling    
             and Tonight Newspaper Office            
                                       
Plaintiff: Chen Xiuqing, Female, 80 years of age. Unemployed. Residing in
107,7 mansion, Huasheng Village, Nanjing Road, Peace District, Tianjing
Municipality.                                
                                       
Agent: Wei Shuling (plaintiff's grand daughter), staff, China Electric Meter
Company, Tianjing.                              
                                       
Agent: Wang Zhonghua, Lawyer, Tianjing No.6 Law Consultancy Office.     
                                       
Defendant: Wei Xiling, Male, 52 years of age, Han nationality, Staff, Public
Relations Department, Tianjiang Municipality Committee, China Democratic
Promotion Federation.                            
                                       
Agent: Bai Shongling, Lawyer, Tianjing No.2 Law Consultancy Office.     
                                       
Agent: Liu Sixun, Lawyer, Peace District Law Consultancy Office, Tianjing.  
                                       
Defendant: Tonight Newspaper Office, Tianjing.                
                                       
Legal representative: Li Fu, Editor-in-chief, Tonight Newspaper Office.   
                                       
Agent: Zhang Weigong, Editor, Supplement Department, Tonight Newspaper Office.
                                       
Agent: Zhou Guiyou, Editor, Supplement Department, Tonight Newspaper Office. 
                                       
The plaintiff Chen Xiuqing brought a suit before the Tianjing Municipality
Intermediate People's Court in June 1987 against the defendant on the ground
that the defendant damaged the right to reputation of her and her deceased
daughter Ji Wenzhen. The court, by conducting hearings, ascertains the
following:                                  
                                       
The plaintiff Chen Xiuqing is the mother of the folk art actress Ji Wenzhen
(stage name lotus Girl) deceased before liberation of Tianjing. Learning folk
art from her father at an early age, Ji Wenzhen mounted the stage at the age
of 15 and performed with a reputation. She died of illness at the age of 19
in 1944. The defendant Wei Xiling started writing a novel describing the
bitter life of the folk art performers in the old society with Ji Wenzhen as
the original prototype in 1985. During the time of writing, Wei Xiling
interviewed the plaintiff Chen Xiuqing three times, wrote to the younger
brother of Ji Nenzhen to ask for the information about the life of Ji Wenzhen
and her career in the folk art and obtained the photoes of Ji Wenzhen, but he
did not inform the plaintiff and her family members of the fact of the novel
being written.                                
                                       
When the novel the Lotus Girl had been completed, the defendant Wei Xiling
contributed  it  to  the Tonight. The newspaper carried the novel in
installments in its supplement from April 18, 1987 to June 12 of the same
year,  one serial one day and there were altogether 56 serials with
approximately 110,000 words. Not long after the publication of the novel in
Tonight, the plaintiff Chen Xiuqing and her relatives went to the Tonight
Newspaper Office twice requesting for the stop of the serials on the ground
that the contents and plates of the novel would damage the reputation of Ji
Wenzhen. The Tonight Newspaper Office refused to do so on the ground that
newspaper offices should be responsible for their readers.          
                                       
The book the Lotus Girl written by the defendant Wei Xiling uses the real
name and stage name of Ji Wenzhen and addresses Chen Xiuqing as Medame Chen.
The book describes that Ji Wenzhen fell in love with a Xu and two other men
one after another and received sucessively betrothal gifts three times. Among
the three men, a Yu was married and Ji Wenzhen was willing to be his
concubine. 

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