Outwitting The Tiger Mountain, the Evil Douzao Mountain Eagle, and the Northeast Bandit Hero Yang Zirong have always been the great heroes in the hearts of Chinese, and the evaluation of him by all walks of life has always been positive.
However, in 2003, after the release of the new version of the TV series "Lin Hai Xueyuan", the heroic image portrayed in the play caused public dissatisfaction.
According to a survey by the Youth Times, ninety-nine percent of netizens hope to re-shoot this TV series and restore the true image of the hero.
In 2004, the producer was sued in court by Yang Zirong's adopted son, Yang Kewu.
(Yang Kewu)
Yang Kewu and the masses in Yang Zirong's hometown in Shandong, believing that the producer was suspected of insulting the hero, demanded a public apology and immediately stopped the infringement. As a result, the plaintiff and the defendant argued fiercely in court.
The content of this issue of the article is that the masses are dissatisfied with the 03 version of the TV series "Lin Hai Xueyuan", and Yang Kewu sued the court.
First, the creative process of "Lin Hai Snow Field", the real Yang Zirong
Qu Bo, the author of "Lin Hai Xueyuan", an officer in the People's Liberation Army, expressed his opinion after the end of the war that the training of the troops could not be copied from abroad.
Qu Bo was criticized for this, and when he was in a depressed mood, he wrote down the names of his fallen comrades on the paper one by one, and then created "Lin Hai Xueyuan", the protagonist is the well-known hero Yang Zirong.
If you remove the artistic processing and restore the real Yang Zirong, his original name was Yang Zonggui, born in 1917 in Muping, Shandong, his parents are ordinary tenants, living by farming.
Around the 1930s, Yang Zirong was living in difficulty in Muping, so his youngest child followed the elders of the family to the northeast.
From the north where the four seasons are like spring to the northeast where the weather is cold and frozen, in the absurd era of wars and horses, people are like duckweed in the huge waves. Doing your best for life, just for the chance to survive, this is the sentient being of the old society.
But Yang Zirong did not expect that just over a year after arriving in the northeast, the "918 Incident" that shocked the world broke out, and the Northeast Army fled without a fight.
Yang Zirong was young, and could only follow the old shipwright to the Yalu River to make a living, and later went to work in the Anshan Iron and Steel Factory, and also went into the mine to dig coal, and even went to the landlord's guardhouse.
In short, Yang Zirong has experienced the cold and warm of society, because he has met people of different classes, coupled with his clever mind, so he has learned the language of various gangs in various gangs, that is, the black language of the rivers and lakes.
The mountains and rivers are broken, the vicious Japanese always oppress the people, Yang Zirong came to the Kanto with his dream, but encountered the era of "cannibalism", those Japanese overseers who were fake tigers and tigers always wielded whips to bully workers.
Yang Zirong was in the northeast, because he was oppressed by the overseer, he fought with the other party in anger, and the construction site was immediately chaotic.
In terms of the situation in the northeast at that time, Yang Zirong beat the Japanese in anger, which was tantamount to a "felony", and he also knew that there would be serious consequences, so he took advantage of the chaos to leave the construction site and returned to Muping's hometown.
For Yang Zirong, this invasion of the Kanto was a failure, and the main reason for the failure was that he was bullied and oppressed by the Japanese.
By the end of the War of Resistance Against Japanese Aggression in 1945, Yang Zirong wanted to become a soldier in the army, and what was in front of him was the choice between the Nationalist Army and the Communist Army, and he did not hesitate to choose the latter, because the Eighth Route Army was the unit that really fought the devils.
It was also when he signed up to join the army that he changed his name to Yang Zirong, but his family did not know that he had changed his name, and the troops did not know his previous name, so there was a foreshadowing here.
In fact, there were not many people who did this at that time, mainly worried about the involvement of their families, after all, it was ideology and class struggle, and the enemy and us were on the battlefield, fighting for your life and death.
Yang Zirong trained in the Shandong army, when the new recruits did not have the time to adapt to the military, and could only adapt to the war in the war.
The troops soon received orders to rush to the northeast, and Yang Zirong began to break into the Kanto for the second time in his life, because he was familiar with the customs and customs of the northeast, so he made a great contribution when the troops suppressed bandits.
At that time, bandits ran rampant in the Mudanjiang area, seriously threatening the safety of local people's lives and property. Yang Zirong's Mudanjiang Military Region's Second Regiment, Third Battalion, Seventh Company, And One Platoon, began to encircle and suppress bandits in the Snowy Plains of Linhai.
Yang Zirong was very bold, coupled with the ability to speak gangsters, he took the initiative to apply to be a secret agent, go to the bandit cave to persuade the bandits to surrender, because of his outstanding performance and great contribution, he had made special merits in the army and was awarded the title of combat hero.
For example, in March 1946, Yang Zirong, in the den of bandits, talked about the Communist Party's lenient policy and persuaded more than 400 bandits to go down the mountain and accept social transformation.
The TV series depicts the wisdom of Weihu Mountain, which occurred in 1947, when the stubborn bandits in the northeast who refused to surrender colluded with the Kuomintang and fantasized about the dream of "retaking the Jiangshan".
Yang Zirong led the warriors deep into the bandit's den, and originally wanted to pass through the locals and ask about the nest of the "mountain eagle", but accidentally found that the locals were actually the bandits' secret sentry.
Through these several dark sentries, Yang Zirong said that he wanted to throw a mountain eagle, and the two sides communicated through black words, so they successfully broke into the bandits.
The result can be imagined, and a group of mountain eagles was successfully destroyed.
Yang Zirong thought that at the beginning, he was an ordinary recruit, and he almost cooked on the fire in the cooking class, but fortunately he took the initiative to apply to go to the front line to avoid being a fire chief.
Since Yang Zirong participated in the suppression of bandits, he was heavily valued by the leadership, and his position was changed from squad leader to the reconnaissance platoon leader of the second regiment, and he became the number one sharp soldier of the bandit suppression unit.
After laying down a mountain sculpture, Qu Bo, the deputy political commissar of the Second Regiment, who was also the author of "Lin Hai Xueyuan", commented that Yang Zirong was: Fighting wits and courage, great wisdom and courage!
Tragically, on February 20, 1947, Yang Zirong suffered misfortune. His sacrifice has remained a mystery for nearly thirty years.
It was not until after the movie spread throughout the north and south of the river that Meng Laosan, the murderer of Yang Zirong, was captured by the public security department, which restored Yang Zirong's sacrifice.
According to Meng Laosan, he followed a group of bandits, evaded the encirclement and suppression of the People's Liberation Army, and ran to the forest of Hailin County, hiding in a small wooden house.
On that day, the temperature was very low, the cold was so cold that people were shivering, and the bandits thought that the People's Liberation Army was also afraid of the cold, and it was estimated that they could not chase the wooden houses in the mountains.
But in fact, Yang Zirong and the warriors climbed the mountain and chased after them, all the way to the outside of the cabin, asking the bandits inside to lay down their weapons.
The two sides engaged each other for a short time, and opened fire without a word, and the gun in Yang Zirong's hand, because the weather was too cold, the bolt of the gun malfunctioned, could not fight back in time, and was hit in the chest by the fierce bandits on the opposite side, and the blood gushed like a spring.
In this gun battle, most of the bandits were killed on the spot, and that Meng Lao Sanyi saw that the situation was dangerous and had already run away.
The reason why yang Zirong was determined to be sacrificed in the People's Liberation Army was because Meng Laosan clearly heard that some soldiers had called Yang Zirong's name.
Since the publication of "Lin Hai Snow Field", Qu Bo has been looking for Yang Zirong's family, but he has found nothing for a long time, only to find out that Yang Zirong may be a person from the Jiaodong Peninsula in Shandong.
Until 1969, a foreign guest visited China and watched the "Wise Tiger Mountain" that was popular all over the country at that time, and he admired Yang Zirong very much.
So the foreign guest asked Zhou Enlai, who was next to him: "Who is the archetypal character of the protagonist Yang Zirong?" Is it a fictional character of artistic processing? ”
Zhou En: "Yang Zirong is real, he is a household name in China. ”
The foreign guest, who wanted to meet Yang Zirong's family, wanted to take a photo and take a group photo to commemorate the occasion, and then publicize Yang Zirong's heroic deeds after returning to China.
Zhou Enlai immediately arranged for a meeting, but he could not find Yang Zirong's family, so Premier Zhou asked the relevant departments to complete the matter as soon as possible.
The civil affairs department found Qu Bo for the first time and asked where Yang Zirong's family is now?
Qu Bo said that he was also looking for it, but there was no clue.
After about seven or eight days, Mu Ping had a clue, saying that there was an old man who always asked his son where he went after becoming a soldier, and had been asking for many years.
The old man said that his son's name was Yang Zonggui, and since he joined the army, he had not written a letter to his home so far; Although some people reported that Yang Zonggui was with bandits in the northeast, she never believed that her son would be a bandit.
When the Civil Affairs Bureau got this clue, it immediately went to Muping, Shandong Province, to investigate, and found that most of the people who joined the Eighth Route Army at the same time did not write their real names and surnames when they joined the army.
The Civil Affairs Bureau found a large number of clues in Muping, but it lacked photos to prove that Yang Zonggui was Yang Zirong.
Until 1974, Qu Bo got a 1946 meritorious photo from his old comrades-in-arms, and when the comrades took a group photo, Yang Zirong was also among them.
Qu Bo naturally knew Yang Zirong, and he quickly took the photo to Hailin County, and then went to find Yang Zirong's brother Yang Zongfu.
After many investigations, it was determined that Yang Zirong was Yang Zonggui, which was absolutely true and would not be wrong.
Unfortunately, Yang Zirong's wife has been dead for twenty-two years; Yang Zirong's old mother has also been dead for eight years.
Therefore, seeing is not necessarily true, although Yang Zirong is with bandits, he is not a bandit, but he is still a great hero who dances with wolves.
Second, the lawsuit dispute, the pavement of the court
In 2003, the new version of the TV series "Lin Hai Xueyuan" was put on the screen, and the audience was looking forward to this TV series, because they grew up listening to Yang Zirong's story.
Unexpectedly, the image of the person in the play was so different from the psychological expectation that the teacher could not explain it to the children.
However, Yang Zirong's adopted son Yang Kewu filed a complaint in 2004 against the producer of "Lin Hai Xueyuan" (hereinafter referred to as the producer), believing that the content of the TV series had scandalized Yang Zirong's heroic image.
Yang Kewu confronted the producer and presented the following evidence.
First, when the plot of the TV series was interpreted, there was a comrade-in-arms nicknamed Tank, who talked about some unfavorable words to Yang Zirong, which made Yang Zirong very unhappy, so he put laxatives in the meals of the comrades-in-arms tank.
Second, in the plot of the TV series, there is a bandit named "Old North Wind", and the screenwriter actually describes Old North Wind's wife, Huaihua, as Yang Zirong's "first love", which is not in line with reality.
Third, when the TV series interprets Yang Zirong, it interprets a great hero who stands tall in the sky into a person who likes to drink and talk about acid and "disregards military discipline".
In summary, Yang Kewu believes that the storyline of the TV series "Lin Hai Xueyuan" does not conform to the true image of Yang Zirong, and should be publicly apologized nationwide.
Yang Kewu offered compensation and compensated the producer with 500,000 yuan.
In addition, it should be noted that although Yang Kewu's income is meager, when tourists go to visit Yang Zirong's old house, he refuses to charge fees and insists on not being a tourist attraction. It can be seen that this claim of half a million yuan is not really for money.
The Haidian District Court in Beijing accepted the lawsuit, and after the judge held the hearing, the two sides presented their testimony and then transferred to mediation.
The lawyers on both sides exchanged bitter arguments in court. The media interviewed the producer, and the producer responded by rejecting all interviews.
The first focus is the dispute over "confirmation of rights", which means to determine the rights, and whether his identity of Yang Kewu is qualified to sue the producer in place of Yang Zirong?
The defendant's lawyer believes that according to official historical records, Yang Zirong was killed by bandits in the mountains on February 23, 1947, at Lishugou in Hailin County. Yang Kewu was born on February 26, 1947.
That is to say, yang Zirong died many days after his sacrifice, and Yang Kewu fell to the ground, so when Yang Kewu sued the producer, he did not have the qualifications to be the subject of litigation.
As the plaintiff, Yang Kewu, according to himself and his lawyers, Yang Kewu is Yang Zirong's nephew of Tongzong and is related by blood.
Yang Zirong's wife Xu Wanliang, who was in Muping's hometown in Shandong, was very fond of his nephew Yang Kewu, so when Yang Kewu was two years old, he took him to the family and adopted him as an adopted son.
In the case of shandong traditional customs in 1949, Xu Wanliang adopted Yang Kewu, which is equivalent to the children of the family, and also equal to the children of Yang Zirong.
In court, Yang Kewu took out the Yang family tree, which was displayed as evidence, and through the genealogy of Chen Zhihuang, it could be proved that he was Yang Zirong's adopted son.
The above is the dispute of "confirming rights", and the producer is the defendant, believing that Yang Kewu is not qualified to sue on behalf of Yang Zirong. Yang Kewu, on the other hand, believes that he has the right to sue the defendant on behalf of Yang Zirong.
In court, the second focus of the dispute between the two sides is whether the plot of the new version of the TV series "Lin Hai Xueyuan" really scandalized the big hero Yang Zirong.
The defendant's lawyer believes that the TV series "Lin Hai Xueyuan" is a literary and artistic work, not a historical documentary. Since it is a literary and artistic work, the choreographer can modify the plot appropriately when creating, and can fictionalize part of the plot.
(Wang Dechen: Once adapted "Lin Hai Xueyuan" and "Daughter of the Party")
Therefore, the defendant's lawyer believes that the producer's interpretation of Yang Zirong did not deliberately defame the image of the hero, nor did it lead to a negative evaluation of Yang Zirong.
The article is written here, let's say a digression, the mainland in 2020 issued the "People's Republic of China Heroes and Martyrs Protection Law", if Yang Kewu is today to file a lawsuit, the result may be different.
Back to the point, the court, after trial, found that Yang Kewu's lawsuit was not established, so it dismissed his complaint.
Yang Kewu was not satisfied, so he appealed to the Beijing First Intermediate Court and took out a genealogy to explain his relationship with Yang Zirong and his wife.
After trial, the First Intermediate People's Court held that Yang Zirong had already died when Yang Kewu was born, so the adoption relationship between Yang Zirong and Yang Kewu was not established.
As a result, it is conceivable that the First Intermediate People's Court rejected Yang Kewu's indictment.
Third, expert views
The core of the lawsuit between Yang Kewu and the producer is the dispute of "confirming rights", the former believes that he has rights, and the latter believes that the other party is not qualified to sue.
Legal expert Zhang Jiantian believes that this lawsuit is very complicated, and it is necessary to distinguish whether those who have died or died still have the right to reputation.
(Zhang Jiantian)
At the time, this was controversial in legal circles, and different legal experts might interpret it from different angles.
In the legal profession, most legal experts believe that even if a citizen has died, his right to reputation cannot be infringed.
For example, as early as 1933, the Mainland's Supreme People's Court, which "said the most out of the matter," already had the Answers to Several Questions Concerning the Trial of Cases Involving the Right to Reputation, article 5 of which stipulates that when the deceased's reputation is damaged, his close relatives have the right to file a lawsuit with the court. Close relatives include spouses, parents, children, siblings, grandparents, maternal grandparents, grandchildren, and maternal grandchildren.
Since the right to reputation cannot be infringed, the next thing to determine is whether the genealogy that Yang Kewu took from the village and the certificate issued by the village committee can prove that Yang Kewu is Yang Zirong's adopted son?
According to the mainland's adoption law, the adopted child must obtain the unanimous consent of the biological parents and the adoptive parents in order to obtain the identity of the adopted son, which is described in legal language as whether the adopter and the adoptee's parents or guardians agree.
Yang Kewu was born before the adoption law was promulgated, after Xu Wanliang's family, and then after Yang Zirong's sacrifice.
Objectively speaking, since Yang Zirong has already sacrificed, he cannot express whether he agrees to adopt Yang Kewu, which has become the main argument of the defendant's lawyer.
In summary, Yang Kewu cannot sue the producer as a "child" because he is not even an adopted son.
Therefore, Yang Kewu's claim is not established, so it will be rejected by the court.
Even if we put aside the dispute over the confirmation of rights, let's first assume that Yang Kewu is eligible to sue in the dispute over the confirmation of rights, and suppose that Yang Kewu has obtained legal recognition, and when he sued the producer, he still could not win the lawsuit at that time.
Because the producer believes that Yang Zirong is an ordinary peasant in society, after joining the army, he has experienced large and small battles and become a hero in the army. In order to portray the image of Yang Zirong, some artistic processing has been done to highlight Yang Zirong's character.
Legal expert Zhang Jiantian believes that the producer did not deliberately smear Yang Zirong, but had good wishes for this TV series.
Zhang Jiantian talked about the case very euphemistically, he believes that although the producer has good wishes for this play and the artwork is allowed to be reasonably conceived, when the real names and surnames of real historical figures appear, they should respect historical facts.
Judging from the reaction of the masses, after watching the new version of "Lin Hai Snow Field", the audience believes that Yang Zirong's image is not like a hero.
Especially the children in the school, growing up listening to Yang Zirong's story, but after watching the TV series, they asked the teacher: "People say how tall, witty and brave Yang Zirong is, but why is Yang Zirong on the TV series different from what you say?" ”
Especially the people in Yang Zirong's hometown, after watching the new version of "Lin Hai Snow Field", most people think that the producer did not shoot the hero as it should be, and they are very angry about it.
Netizens believe that everyone grew up watching "Lin Hai Snow Field", Yang Zirong is a big hero in his heart, but the TV series ruthlessly destroyed the faith in my heart, and in the art adaptation line, there are many clumsy places. If the hero fought for his family and some villagers, would he give up his life and forget his death? So this is contrary to the main theme.