In September 2006, a lawsuit became a hot news in society: Lu Mingming, the daughter of the late well-known writer Lu Yao, sued her biological mother, Linda. The Beijing People's Court accepted Lu Mingming's litigation claim, and after a careful trial, the court finally decided to reject Lu Mingming's litigation claim.
With the court's verdict coming out, everyone was also confused by Lu Mingming's operation - after the death of her father, as a daughter, how did Lu Mingming choose to sue her own mother in court? Is this yet another dog-blood family ethics drama vying for an inheritance? Is there a hidden plot in this?
Regarding the answers to these questions, we may need to start with Lu Yao.
Born poor, he divorced his wife before his death
In 1949, two things happened in this year, one was the founding of New China, and the other was lu Yao's birth.
Lu Yao's birth was not legendary, and his parents were just ordinary and poor Shaanxi farmers. When Lu Yao was born, although New China was founded, there were many wastes in the country, and most of the people's families had difficult living conditions, and Lu Yao's family was no exception.
Due to the poor family, Lu Yao's parents could not even afford to feed the young Lu Yao's rations, so they could only pass Lu Yao over to his uncle. After coming to Uncle Da's house, Lu Yao's life was finally better, at least he didn't have to worry about hunger anymore.
Although he was not his own child, Uncle Da's love for Lu Yao, under the care of Uncle Da, Lu Yao not only did not have to suffer cold and hunger, but even had the opportunity to study and go to school.
After completing his studies, Lu Yao has done a lot of work, farmed in the fields, and also worked as a teacher in school, although life on this road is more difficult, but Lu Yao is very content. Lu Yao often used his free time to create literature, and his spiritual world was far richer than that of ordinary people.
At first, Lu Yao only published his own literary works in magazines and newspapers, and with the passage of time, Lu Yao also began to slowly gain fame, and later Lu Yao was invited to become a special creator, and people began to ask him for manuscripts. As Lu Yao's popularity reached a certain level, someone recommended him to enter Yan'an University to study.
The life of the university has improved Lu Yao's literary literacy, where Lu Yao not only broadened his horizons and enriched his knowledge, but also had the opportunity to learn about various masterpieces, which also laid a solid foundation for Lu Yao's later literary creation.
Later, as soon as there is an opportunity, Lu Yao will start his own literary creation, from short poems to long novels, Lu Yao's writing style is unpredictable, adapting to a lot of styles. Under the long-term unremitting efforts, Lu Yao's writing level has improved by leaps and bounds, which has also made more and more readers begin to pay attention to Lu Yao.
Most of Lu Yao's works are derived from life, and the most successful work is "Ordinary World", and it is precisely because of this work that Lu Yao is thoroughly known. In "Ordinary World", Lu Yao shows the reader a beautiful concept of love, and Lu Yao's concept of love is given by his talented wife Linda.
Linda is a Beijing Zhiqing who came to Yan'an to join the team, and later met Lu Yao by chance and fell in love with him. Compared with the poor road, Linda is a rich family without compromise, and the two are far from the family conditions. The reason why Linda likes Lu Yao is purely because Linda appreciates Lu Yao's literary talent.
Although the two families are very different, Linda is very optimistic about Lu Yao's future and knows that this man will succeed one day. After Lu Yao entered Yan'an University, Linda began long-term financial support, precisely because of Linda's silent dedication and support behind Lu Yao. Lu Yaocai threw himself into his studies and literary creation without distraction. It can be said that Linda is the woman behind Lu Yao, a successful man.
After becoming a well-known writer in the country, Lu Yao did not feel complacent because of this, but put more energy into literary creation. In this way, it is inevitable that there will be negligence towards the family, and Linda is a delicate woman, who naturally cares about this.
When Linda chose to be with Lu Yao when he was at his most difficult, she naturally hoped that Lu Yao would achieve something. At that time, Linda believed that when her husband succeeded in the future, the two people's lives would naturally be happy. What Linda did not expect was that after the material life was abundant, the emotional life of the two was missing.
Linda understands her husband's love of literature, but still can't stand her husband's indifference to her. As time passed, the relationship between the husband and wife became more and more tense, and finally Linda filed for divorce with Lu Yao.
At first, Lu Yao sincerely wanted to maintain this marriage, but the pressure of work and life made Lu Yao unable to distract himself from maintaining his emotional life with his wife. Most importantly, at that time, Lu Yao was already seriously ill, and the time spent in the human world was not much, considering his wife's future happiness, before dying, Lu Yao still agreed to his wife's divorce request.
Father and daughter have a deep affection, and Lu Mingming is determined to protect her father's reputation
Although the marriage with his wife ended in failure, Lu Yao's feelings for Linda never changed, especially for his daughter Lu Mingming, and Lu Yao's love for Lu Mingming even exceeded his own. In this regard, we can see one or two in Lu Yao's literary works.
For Lu Mingming, Lu Yao's image in her mind is positive: her father is not only the pillar of the family, but also a well-known literary hero in the country. When choosing a university major, because her father was a well-known writer, Lu Mingming chose a major related to book publishing.
Objectively speaking, although Lu Mingming is full of fatherly love for her father, this kind of fatherly love is vague, and the thing that really touched Lu Mingming and made her understand the weight of father's love in her heart was the unveiling ceremony of the bronze statue of Lu Yao held by Yan'an University on the tenth anniversary of Lu Yao's death.
Because of Lu Yao's achievements in the domestic literary scene, his alma mater regarded it as a pride, and specially cast a bronze statue in front of the library on the tenth anniversary of Lu Yao's death, so as to express his contribution and commemoration to Lu Yao in the literary world and his alma mater. Lu Mingming is Lu Yao's daughter, and Yan'an University naturally cannot forget to send her an invitation.
Lu Mingming accepted an invitation from Yan'an University, which was the first time she returned to her father's alma mater to pay tribute to her father. In addition to Lu Mingming herself and teachers and students of Yan'an University, celebrities from the Chinese literary circle at that time also came to attend the unveiling ceremony.
The crowd bowed and laid flowers at Lu Yao's tomb, passing on their respect to Lu Yao, who was far away in heaven. Looking at the behavior of the people, Lu Mingming, who was now an adult, felt a shock, these people were in their own way to show their admiration for their father's contributions to literature and respect for his father's lifelong literary career.
Outsiders can still do it, as Lu Yao's biological daughter, what should they do to express their respect for their father? Thinking of her profession, Lu Mingming was determined to personally design her father's works to express her respect for her father.
Since this idea came to mind, the first thing Lu Mingming did after returning to Beijing was to start collecting popular works about Lu Yao in various publishing houses that were popular in the market.
After the collection ended, Lu Mingming found an obvious problem; because of time and technology, there are now nearly hundreds of publishing houses that publish Lu Yao's works on the market, most of which have exceeded the time limit for publishing rights, and as a result, they are still selling Lu Yao's works. Some of Lu Yao's works published in the early days, due to technical limitations and other reasons, there are problems such as rough design and printing.
Obviously, after Lu Yao's death, the publication of his works before his death was quite chaotic, which was obviously not conducive to Lu Yao's reputation. Therefore, Lu Mingming wants to do a standardized finishing, so that the market's disorderly publication of Lu Yao's works can be terminated, and then choose a domestic authoritative publishing institution, so that she can better publish her father's works, and Lu Yao's reputation can be maintained.
After Lu Mingming coordinated the relationship between the various publishing houses and published Lu Yao's works, basically all the publishing houses agreed to Lu Mingming's request and immediately stopped the disorderly publication of Lu Yao's works. Of course, there are also two publishing houses that do not care about Lu Mingming's "warning".
After Lu Yao's death, according to the law, his inheritance was jointly inherited by his wife and daughter. In other words, the copyright of Lu Yao's works is shared by Linda and Lu Mingming, and both of them can decide the issue of the publication of Lu Yao's works.
Lu Yao picked up his daughter
At that time, when Lu Mingming had not yet reached the age of eighteen, Linda signed a contract with the two publishing houses without Lu Mingming's consent, allowing each other to publish the Complete Works of Lu Yao. And it was this "Complete Collection of Lu Yao" that triggered the incident in which Lu Mingming sued her own mother in court.
Take the biological mother to court
If you want to publish Lu Yao's works in an orderly manner and protect his father's reputation, then the two publishing houses cannot continue to publish the Complete Works of Lu Yao, and Lu Mingming also expressed her meaning to each other. However, the two publishers refused Lu Mingming's request, on the grounds that Linda had signed a contract with them and that they had the right to publish Lu Yao's works.
Lu Mingming
After many telephone consultations, Lu Mingming and the publishing house did not negotiate a satisfactory result. In desperation, Lu Mingming could only send a long letter to the publishing house, in which she questioned several issues in the contract, hoping that the publishing house could immediately stop the publication of the Complete Works of Lu Yao.
After receiving the long letter sent by Lu Mingming, the publishing house also made a written reply, which basically means that the contract signed by Lu Mingming's mother with them is in line with relevant laws, and there is no violation of laws and regulations, so they are unwilling to stop the publication of "The Complete Works of Lu Yao".
Knowing the meaning of the publishing house, Lu Mingming knew that negotiation alone could not solve the problem, and could only choose to sue the two publishing houses and her biological mother in court, hoping to protect her father's reputation through legal means.
In the course of the court's defense, Lu Mingming and the two publishing houses also put forward different views.
Lu Mingming believes that according to the provisions of the law, after Lu Yao's death, the copyright of his works is shared by himself and his mother, so if the publishing house wants to publish Lu Yao's works, it should get the consent of the two people.
However, when she was not yet a minor, Linda signed a contract with the publishing house without her consent to allow the other party to publish works related to Lu Yao, which was an illegal act, so the contract did not have legal effect, and hoped that the court could prohibit the publishing house from continuing to publish Lu Yao's works.
The two publishing houses believe that in the case that Lu Mingming is not yet a minor, her rights are naturally represented by her mother Linda according to law, and the publishing house also signs a contract in accordance with the regulations. In addition, the publishing house did not infringe lu Mingming's right to use Lu Yao's works and the right to remuneration, so it is hoped that the court can reject Lu Mingming's litigation claims.
The court held that at the time of Lu Yao's death, Lu Mingming was not yet a minor and Linda was his guardian. In this case, as long as the relevant interests of Lu Mingming are not harmed, Linda has the right to exercise her rights on behalf of Lu Mingming. Therefore, the contract signed by Linda and the publishing house has legal effect and does not violate the relevant regulations of the state, so the final result is naturally Lu Mingming's defeat.
Although her appeal failed, Lu Mingming was not satisfied, so she appealed to the Beijing Municipal Higher People's Court. After a deliberate trial, the Beijing People's Court decided to uphold the verdict of the first instance and rejected Lu Mingming's litigation claim. At this point, the lawsuit on Lu Yao's copyright, which has attracted much social attention, has finally come to an end.
Although the lawsuit was lost, it seems that winning or losing is not a very important thing for Lu Mingming, what is important is that she has grown up in this storm and become strong and calm. Even now, Lu Mingming still hasn't stopped her approach and is still working hard to protect her father's reputation.
In addition to hoping to orderly work of her famous father Lu Yao, in order to protect her father's reputation, Lu Mingming also did one thing, that is, to stop the "Lu Yao Literature Award" award.
On the surface, although the Lu Yao Literature Award is the same as the Contradictory Literature Award, it has a special place, that is, it has not received my consent, and there is no relevant professional judging team, which is completely an award with a non-governmental independent organization, and does not have any professional nature, and the reason why Lu Mingming urgently stopped this award is precisely here.
In Lu Mingming's eyes, this so-called "Lu Yao Literature Award" is only the use of his father's name, which essentially has nothing to do with his father, and the existence of this award will only discredit his father.
Whether it is to sue her mother in court or to stop the Lu Yao Literature Award, Lu Mingming originally wanted to protect her father's reputation, and this kind of feeling between father and daughter was so deep that it was extremely moving.
Lu Yao's life can be described as bumpy, his family was poor when he was young, but thanks to the care of his uncle, he was able to complete his studies. After meeting the love of his life, and because of the work, the care for his wife was lacking, which eventually led to the discord between the husband and wife, and Lu Yao could only choose to agree to his wife's request for divorce before his death.
Fortunately, Lu Yao also has Lu Mingming's intimate "little cotton jacket". Although the father and daughter did not get along for a long time, Lu Yao could not accompany Lu Mingming to the moment of her adulthood, but in Lu Mingming's heart, her father Lu Yao would always be the greatest person. If Lu Yao had a spirit in heaven and saw what his daughter Lu Mingming had done for himself, he would be able to smile at the Nine Springs.
Just as the so-called "crow feeds back, lamb kneels to milk", animals still have filial piety, let alone humans? Lu Mingming's choice to sue her mother is actually a helpless move, her fundamental purpose is only to protect her father's reputation, hoping that Linda can also understand her daughter Lu Mingming's painstaking heart.