A junior high school student wrote a novel to create a "yellow rumor" in his classmate and was sentenced to apologize! Parents have refused to cooperate

Southern Metropolis Daily

2024-06-21 14:29Published on the official account of Guangdong Southern Metropolis Daily

On June 21, a reporter from Nandu learned from the Intermediate People's Court of Xi'an City, Shaanxi Province, that a few days ago, the People's Court of Xincheng District of Xi'an City completed the execution of a dispute over the right to reputation of minors. Xiaomei (pseudonym), a middle school student in Xi'an, used the real name of her classmate Xiaohua (pseudonym) as the character in the article to publish a novel containing obscene content, which caused great psychological harm to Xiaohua and was sued by Xiaohua's mother. Xiaomei's parents initially refused to perform the obligations set forth in the effective legal documents, but after repeated persuasion by the enforcement judge, they wrote a "letter of apology" and fulfilled the obligation of monetary compensation, and the case was completed.

A judicial recommendation issued by the People's Court of Xincheng District, Xi'an.

Xiaohua and Xiaomei are classmates in a middle school in Xi'an. In September 2022, Xiaomei released a novel containing obscene content with Xiaohua's real name as the character in the text on her personal QQ homepage and QQ group, which was widely spread among the class, causing great harm to Xiaohua's psychology and seriously affecting Xiaohua's normal life and study, and Xiaohua was later diagnosed with emotional disorders.

In order to protect her legitimate rights and interests, Xiaohua's mother sued Xiaomei in court, and the court ordered the defendant Xiaomei's guardian to apologize to Xiaohua in writing in the class, and compensate Xiaohua for medical expenses and spiritual solace totaling more than 13,000 yuan.

After the court judgment took effect, seeing that Xiaomei's parents did not take the initiative to fulfill the obligations determined by the effective legal documents, Xiaohua's mother came to the court and applied for compulsory enforcement. The enforcement judge contacted Xiaomei's parents several times, but Xiaomei's parents avoided them because they were busy with work, saying that they could only cooperate with the enforcement after work. The executing judge waited until the evening several times and finally saw the person subject to execution.

Although Xiaomei's parents admitted that they were indeed negligent in disciplining their children as guardians, they did not recognize their children's wrong behaviors, but felt that their children were also victims of online novels and refused to cooperate with the court's work.

The enforcement judge repeatedly explained the law and reasoning to the person subject to enforcement, informed him of the legal consequences of not performing the judgment, and served a "Notice of Pre-fine" to the person subject to enforcement, clearly informing him that if he still refused to perform, he would be fined in accordance with the law.

Approaching the high school entrance examination, considering that Xiaohua and Xiaomei are both junior high school students and are immediately facing the entrance examination, if the person subject to execution apologizes in front of the whole class, it will cause great fluctuations in the psychology of the minors on both sides, and even affect the normal conduct of the exam. The enforcement judge actively communicated with the guardians of both parties, and the applicant agreed to change the "written apology in the class" to "written apology". Under the witness of the enforcement judge, the person subject to enforcement wrote a "Letter of Apology" to the person applying for enforcement and fulfilled the obligation of monetary compensation, and the case was completed.

The judge reminded that the terrible thing about "pornographic rumors" is that they damage the image and reputation of the rumor-mongers who are in adolescence and have an unstable self-perception and evaluation structure, and a series of psychological problems such as fear, loneliness, and frustration in self-confidence follow, and psychological trauma even accompanies them for the rest of their lives.

In response to the problem of school bullying, the Xincheng District Court issued a judicial recommendation to the school where the minor is located in accordance with the law, recommending that the school strengthen the legal education of students, maintain campus safety, effectively ensure the healthy growth of minors, and prevent the occurrence of school bullying incidents from the source.

Written by: Nandu reporter He Jiahui

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