In the front, the Japanese army was pressing step by step, and then there was the water of the Yellow River gushing endlessly, between the advance and retreat, the Shaanxi "Lengwa" chose to jump into the Yellow River...
This story of "eight hundred heroes jumping the Yellow River", which was described by the outside world as "singing and weeping", was once widely circulated.
But witnesses and their descendants keep telling people, "This is a fake! Whoops! (Shaanxi western dialect, meaning bad people)"
"There are guns that do not kill the enemy, but jump the Yellow River into an organization, which is not a hero, but a deserter!" It's a rout! ”
Until this story was made into the movie "Roaring Silent", the witnesses and descendants could not sit still. On May 8, 2018, they took the film's producer and broadcast company to court.
But for the reasons for the lawsuit, these elderly people have made a mistake, and after thinking about it, they filed a lawsuit for infringement of the right to reputation in the court: in addition to asking for an apology, they also demanded 1 yuan each from the six companies.
The case lasted more than 2 years, and on February 5 this year, the Lianhu District Court of Xi'an City ruled in the first instance that the content of the film was the artistic processing and reproduction of the heroic story of the war, and the detailed description of "Eight Hundred Heroes Jumping off a Cliff and Splashing the Yellow River" did not contain insults or slander, and ordered the plaintiff's litigation claims to be rejected.
Zhao Wuyuan (left) and Wang Mengfang (right) wish is to tell young people that "eight hundred heroes jumped the Yellow River" is a lie. / Upstream journalist Jia Chen
1 Anti-Japanese War General Concubine Sun: "Eight Hundred Heroes Jumped the Yellow River"
There were two plaintiffs in this reputation dispute case, one named Wang Mengfang and the other named Zhao Wuyuan.
Wang Mengfang, born in 1919, is a native of Xi'an, Shaanxi. In his youth, the old man participated in the War of Resistance Against Japanese Aggression, was subordinate to the 177th Division of the 96th Army of the National Revolutionary Army, and participated in the Battle of Zhongtiao Mountain and the Battle of Yuzhong.
Zhao Wuyuan, 75 years old this year, is the grandson of General Zhao Shoushan.
Zhao Shoushan was the deputy commander of the Northwest Field Army. During the Battle of Tiaoshan in the War of Resistance Against Japanese Aggression, Zhao Shoushan served as the commander of the Thirty-eighth Army of the National Revolutionary Army. After 1949, Zhao Shoushan successively served as chairman of the Qinghai Provincial Government and governor of Shaanxi Province.
For the war years experienced by his ancestors, Zhao Wuyuan had a lot of research.
Wang Mengfang and Zhao Wuyuan once told the upstream news (weChat: shangyounews) reporter that the "eight hundred heroes jumped the Yellow River" never happened.
The background of the story comes from the Nakajō Mountain Resistance. On the east bank of the Yellow River, in a place called Zhongtiao Mountain, between 1938 and 1940, the Chinese army and the Japanese army fought a deadly battle, and shaanxi soldiers known as "Lengwa" blocked the Japanese siege thirteen times, of which the "Six-Six Campaign" was the most tragic battle in the Zhongtiao Mountain War of Resistance. The Japanese army dispatched more than 30,000 people, which lasted for half a month under the bombardment of artillery aircraft.
Zhao Wuyuan said that his grandfather Zhao Shoushan was ordered to lead the Chinese soldiers in a bloody battle with the Japanese army for several days and held the position.
However, this victory was also paid a heavy price by our army. But what the two old men could not understand was that from when the "eight hundred heroes jumped the Yellow River" began to circulate in the folk for a time, and the number of people spread more and more, and even appeared in some paintings, paintings and newspapers.
At first, the two old men thought that they might not have fully understood the matter. To this end, they also specially participated in the seminar on "Eight Hundred Heroes Jumping the Yellow River" held by more than 50 veterans of the War of Resistance Against Japanese Aggression, descendants of soldiers of the War of Resistance Against Japanese Aggression, researchers of party history and military history, and journalists.
"There are guns that do not kill the enemy, but choose to jump into the river as an organization, not a hero, but a deserter!" It's a rout! Zhao Wuyuan said.
Some descendants of the anti-war soldiers believed that if they jumped into the river and ran away, they were deserters, and according to the military law of that year, they would be shot. In the historical data and evidence, the participants generally firmly believe that in history, there was no incident of "eight hundred heroes jumping the Yellow River".
However, even if there are anti-war veterans and descendants of anti-war soldiers who continue to appeal, it has not stopped the story of "eight hundred brave men jumping the Yellow River" from continuing to spread.
It wasn't until a movie called "Roaring Silence" began to be released that the debate began to escalate.
The plot of "jumping the Yellow River" in the anti-war movie "Roaring Silent" caused dissatisfaction among veteran Wang Mengfang. Pictures/footage screenshots
2 The film renders "jumping" instead of "fighting", causing dissatisfaction among anti-war veterans
On November 2, 2012, the anti-war film "Roaring Silence" was released.
The film takes the Battle of Zhongtiao Mountain during the War of Resistance Against Japanese Aggression as the background of the story, with a reporter interview as the lead, and tells a story of anti-Japanese heroes who have been dusty for many years around the life trajectory of the story character Yang Zhenjiang.
In order to show the revolutionary spirit of the Chinese anti-war soldiers who would rather die than yield, the film depicts the plot of the anti-war troops named The Shanxi New Army Youth Anti-War Death Squad (fictional number) who were pursued by the Japanese army and resisted until they ran out of ammunition, and about 800 heroes represented by Yang Zhenjiang jumped into the Yellow River en masse in Majiaya, Monan Town, Ruicheng County, Shanxi Province, and only Yang Zhenjiang survived.
There is a content in the film involving the former Thirty-eighth Army of the National Revolutionary Army: Yang Zhenjiang was unfortunately captured by the Japanese army after jumping off a cliff, and in the process of being escorted by the Japanese army, Yang Zhenjiang whispered to a soldier next to him to inquire about the news of his unit, "Which division are you?" The soldier replied, "I am in the Thirty-Eighth Army." ”
After obtaining a film release license, the film was broadcast on the iQiyi video platform and the 1905 film website.
After the film was broadcast, there was also a video on the Internet edited with the plot of "Collective Jumping the Yellow River" in "Roaring Silence" and edited and integrated with the heroic deeds of some anti-War veterans, "It is better to die than to be a slave to the country, and eight hundred heroes jumped the Yellow River". The video is 3 minutes and 22 seconds long.
As for the content of the film, Wang Mengfang, Zhao Wuyuan, and Feng Jining, the grandson of the general of the National Revolutionary Army, Feng Qinya, and others believe that the film fabricated the plot of "eight hundred heroes jumping the Yellow River" is extremely bad in nature. The movie "Roaring Silent" and the video "Rather than perishing as a slave to the country, eight hundred heroes jumping the Yellow River" hype "jumping" instead of "war", portraying "sadness" instead of "fierce", and making up things such as place, time, and background, which has damaged the personal dignity of them and their loved ones.
"If we had said that, wouldn't all of our comrades who died in those years become deserters?" Wang Mengfang once told the upstream news reporter that he was the only one who went with him to become a soldier from the village. If he did not tell the truth of that year, if he died, the truth would be concealed, and the dead comrades-in-arms would die unclear and even be used as a joke by posterity. "Those of us who are alive cannot be sorry for those comrades who sacrificed."
Zhao Wuyuan said: If one-eighth of the officers and men in the "June 6 Campaign" had died by jumping into the Yellow River in formation, then the battle would not have been a victory, and such a depiction would be extremely unjust to the heroic anti-Japanese martyrs who fought bravely and shed their last drops of blood.
Therefore, Wang Mengfang and Zhao Wuyuan decided to sue 6 companies such as the production and broadcast of the movie "Roaring Silence".
On February 5, Zhao Wuyuan (first from the left) received the verdict that his request was rejected, and his mood could not be calmed for a long time. / Upstream journalist Jia Chen
3 Defendant: The film is not a documentary and has no subjective malice
However, what are the grounds for the prosecution? These older people have made trouble. After thinking about it, they decided to file a lawsuit for infringement of the right to reputation in the court.
On May 8, 2018, Wang Mengfang and Zhao Wuyuan sued six companies, including the production and broadcast of the movie "Roaring Silence", to the Lianhu District People's Court of Xi'an City.
The complaint demanded that the company involved immediately stop the infringement on the reputation of the plaintiff's relatives caused by the bridge section of "Eight Hundred Heroes Jumping the Yellow River" in the movie "Roaring Silent", delete the content, apologize to him, take necessary measures such as deleting, blocking, and disconnecting links, and each of the six companies paid the plaintiff 1 yuan in consolation money for mental damage.
To this end, Wang Mengfang and Zhao Wuyuan also submitted the "Biography of Zhao Shoushan" to the court. Books such as "General Sun Weiru", "Memoirs of Chen Zijian", "Dan Xin Su Wrap", "Journal of the Seventeenth Route Army Research Association", and "History of The Anti-Japanese War And Jinsui Guerrilla Warfare (I)" proved that the "June 6 campaign" in southern Jinnan in 1939 won a victory, and that no units jumped into the Yellow River in the battle.
In the view of Wang Mengfang and Zhao Wuyuan, the film "Roaring Silent" and the video "Rather than being a slave to the country, eight hundred brave men jumping the Yellow River" infringed on the reputation rights of the soldiers and martyrs who participated in the "June 6 Campaign" in southern Jin, and also infringed on the reputation of Wang Mengfang and Zhao Shoushan, Zhao Wuyuan's grandfather.
At the trial, there were 6 defendants, but 3 companies did not appear in court after being legally summoned and did not submit written defense opinions.
The defendant iQIYI replied that iQIYI, as a video playback platform, had no obligation to review whether the content and circumstances of the works involved in the case infringed the rights of other third parties. "Roaring Silent" is meant to praise the heroic spirit of the soldiers of the War of Resistance against Japanese Aggression in fighting for the country, and does not detract from the human dignity of others, so there is no infringement.
Defendant 1905 argued that, first, the films broadcast by the company had been reviewed by the Film Administration of the State Administration of Radio, Film and Television and could be screened, and there were no contents and circumstances that infringed on the reputation of the plaintiff's relatives; second, its company was not the producer, nor had it received any correspondence, and there was no subjective malice in playing the film itself, and it should not bear any responsibility. Third, the movie "Roaring Silence" is a film and television work, not a documentary, the people involved in the film do not have specific directionality, there is no insult and defamatory content, and the company has deleted the film after receiving the complaint.
Some defendants also believe that Wang Mengfang and Zhao Shoushan himself are not involved in the film, which cannot prove that the reputation of Wang Mengfang and Zhao Shoushan has been infringed.
On February 5, the court ruled that the film did not infringe on the reputation of the parties involved and dismissed the claim. / Upstream journalist Jia Chen
4 The first instance was rejected: the film was artistically processed and reproduced, and the plaintiff himself was not mentioned
The case was filed in 2018 and heard on March 20, 2019, and after the court failed to mediate, it was adjourned. Since then, Wang Mengfang and Zhao Wuyuan have been waiting for the court's judgment.
However, Wang Mengfang ultimately did not get the verdict. On December 18, 2020, Wang Mengfang died of illness at home at the age of 101.
On February 5 this year, the Lianhu District People's Court of Xi'an City pronounced a verdict on the case.
The court held that the film "Roaring Silence" fell within the category of works of art. The content of the film is the artistic processing and reproduction of the heroic story of the war, and to a certain extent and scope, it is fictional and exaggerated. The captured soldiers in the film are set in the Thirty-Eighth Army, which details the historical background of the main story characters, and does not insult or slander the reputation of the anti-war soldiers. The detailed description of "eight hundred brave men jumping off a cliff and throwing themselves into the Yellow River" is still a tribute to the spirit of the heroic anti-war soldiers who preferred to die rather than surrender in a desperate situation, and there was no insult or slander in it.
The court held that whether the expressive techniques and detailed descriptions adopted by the film to express the theme of the heroic story of the Anti-Japanese War should belong to the artistic category. The theme of the video "Rather Die Than Fall into the Slaves of the State, Eight Hundred Heroes Jumping the Yellow River" that appears on the Internet is to appeal to the public to pay attention to and remember the heroic deeds and spirit of the veterans of the War of Resistance Against Japanese Aggression, and there is no mention of the facts of Wang Mengfang and Zhao Shoushan himself.
Therefore, the court rejected the claims of Wang Mengfang and Zhao Wuyuan.
After getting the verdict of the first instance, Zhao Wuyuan could not calm down for a long time.
On February 9, Zhao Wuyuan told upstream news reporters that the original intention of this lawsuit was to restore the original face of history, whether it was lost or won, they had tried their best and decided to obey the verdict and not appeal. "The key is that we are old, our energy can't keep up, and the lawsuit really can't afford to..."
Zhao Wuyuan said: Although the requirements of historical facts and literary and artistic works are different, and history needs to be true, literary and artistic works involving history must respect history in their creation, and on the premise of conforming to the historical background, they must carry out necessary interpretations, but they must conform to history and logic, and must not damage the people's feelings of justice.
Zhao Wuyuan said that although they did not win the case, their proposals and demands were legitimate and reasonable, and they hoped to attract the attention of the literary and artistic circles and the historians.