Life Is Beautiful

his girlfriend to break off, the man’s hatred, not only the number of telephone harassment of ex-girlfriend, but also in their own space on the network qq defamatory ex-girlfriend making insulting comments about the article, leading to ex-girlfriend in the original unit to withstand the pressure of unemployment. yesterday, shunde court to inform the media on the case, the violations appear in the online world should be and which party the burden of proof in the trial became a bone of contention. after trial, the court held that, given the special nature of the network in the world to safeguard their rights to decide who should be posted to the burden of proof, the last sentence the man to stop infringement, while the former girlfriend, the spirit of a public apology and paid damages solatium. the incident: qq space issued a document that ex-girlfriend sensuality 2004 he lin-lin (a pseudonym) has entered shunde working with specific companies, and liu quan (a pseudonym) became colleagues, and later both men and women love to become friends, in the process of interaction he lin-lin revealed that the two personality clashes, in june 2007, the two termination of the love relationship. liu did not want to break up the whole post has been hatred. the two broke up shortly after the essay entitled, “fell in love with a jiannv ren,” the article in liu after the release of all the qq space has been widely disseminated on the internet, the article will be he lin-lin (a pseudonym) to evaluate as a degrading, lewd woman, hair quote of the article were also sent to the ip address of a large number of ex-girlfriend working units. he lin-lin a time where the company continued rumors, the victim could not withstand the pressure, there has been an illusion. he lin-lin said the whole article as “degrading, and made love one-night stand” and other words to describe her private life, but also articles on her colleagues, friends spread, so that her spirit struck, leading to her often feel physical discomfort, insomnia, and sometimes no way to work, end up leaving the workplace. he lin-lin will be intolerable ex-boyfriend to court, ask for an immediate cessation of telephone harassment, stop damage to her reputation on and distribute the article, but also the impact of the internet requires a corresponding plate on the (blog, qq space) to disclose a written apology. doubt: the man was not his online paper issued by evil the court accepted the case, liu argued that all his own in order to preserve a modicum of good memories in their own space in the log where the qq wrote an timberland shoes article entitled “memory of the beautiful,” but he said he had never on the internet the publication and dissemination of harmful to the reputation of the article ex-girlfriend. liu-chuan believes that ex-girlfriend timberland for sale in the file for the article referred to is determined by the master qq1004791 the qq from the liu-wide copy of the log and re-rewritten, published in the qq1004791 room. in the court process, liu quan has been pointed out that he was not qq1004791 ‘s owner, without bear corresponding civil liability, as telephone and mobile phone text messages of harassment, his former girlfriend is willing to apologize for this. case hearing process, which for the case applies to the problem of fault attributable to different views. there is a view that the case should be implemented without the burden of proof who advocate who is the burden of proof, asked the victim to an action for damages for their request for the burden of proof, if proof can not, the plaintiff would bear the legal consequences of losing. in other words, if there was no evidence he lin-lin liu are all qq1004791 the owner and delivered at the qq space for the main title to “fall in love with a jiannv ren,” the article, then he lin-lin’s application will lack the facts and legal basis. another view was that the case reversed the burden of proof applicable to the fault of presumption, as long as the victim to prove the existence of the damage is presumed that the fact that the perpetrator is at fault, that if liu can not be all there is no evidence to prove his fault, it will bear the the corresponding legal responsibility. the court: who posted tort liability against the defendants for whom the burden of proof according to investigators discount timberland boots analysis, due to network in the world of moral rights, reputation, privacy and so different from the real world, are unique, he lin-lin to prove the presence of violations is difficult, but the fault of the infringer to prove even more difficult, but in view of legal remedies is the key lies in the cessation of the infringement of rights, followed by the restoration of rights, therefore, combined with the specific circumstances of the case, the case does not apply the general fault liability can only be applied in a manner reversed the burden of proof applicable to a presumption of fault mode. after the court to ascertain the facts that: liu quan he lin-lin’s conduct infringed upon the right of reputation and privacy. quan’s behavior is intentional acts of infringement of moral rights, should bear the cessation of infringement, rehabilitated, to eliminate the impact of an apology, compensation for the loss of civil liability. according to liu, all caused by the fault of the extent of violations of specific circumstances, the effects of damage and he lin-lin personality infringement case, the spirit of he lin-lin discretion of the court for damages in the amount of 5,000 yuan. recently, the court should immediately stop liu quan he lin-lin on the plaintiff the right to violations of personality, and in a legally effective decision on the 10th day of the open timberland pro space within the qq issue a written apology (content should be reviewed by the court), otherwise, the court will be ruling main content published on the web tencent qq space, the cost burden from the liu-wide. in addition, liu all have to take legal effect in the sentence within ten days from the date of compensation for moral damages solatium 5,000 he lin-lin.