"Liberal arts are all service industries, and it can be summed up in one word: 'licking'. A remark by Zhang Xuefeng, a famous teacher for the Internet celebrity postgraduate entrance examination, during the live broadcast has caused controversy that has lasted for nearly a month. Recently, a blogger sued Zhang Xuefeng, believing that his remarks were a blatant debasement and provocation of the liberal arts community. It is reported that the case has been accepted by the Huqiu District People's Court of Suzhou City, and the case is in the stage of online case filing and review.
On January 9, the blogger told reporters that the purpose of his action was to promote the reduction of inherent perceptions and prejudices against a certain group, "I hope everyone will maintain the most basic respect for every group or industry."
According to the analysis of a professional lawyer, the blogger was only an indirect interested party in Zhang Xuefeng's remarks, and the plaintiff and the defendant did not establish a direct legal relationship. Even if a case has already been filed, if the court finds that it does not meet the requirements for filing a lawsuit, it will dismiss the lawsuit. There is still great uncertainty as to whether the case can proceed in the future.
Zhang Xuefeng was sued, and the court has accepted it
In December 2023, Zhang Xuefeng, a famous online celebrity graduate school teacher, published a related remark that "liberal arts are all service industries, and it is 'licking' when summed up in one word" caused heated discussions on the Internet and was opposed by some people, many people thought that this statement was too extreme. After that, Zhang Xuefeng apologized on Weibo one after another, and said that there is nothing bad about the service industry, but some people can't get over this hurdle in their hearts.
Since then, blogger Gu Yanyou has sued Zhang Xuefeng (real name Zhang Zibiao) for remarks such as "liberal arts are all service industries". Gu Yanyou's indictment posted on the Internet shows that he believes that Zhang Xuefeng's relevant remarks are a blatant debasement and provocation of the liberal arts community. Gu Yanyou's cause of action to the court was "infringement of the right to reputation", and he demanded that Zhang Xuefeng publish an apology statement in domestic provincial newspapers and periodicals, compensate one yuan for mental damages, and bear all litigation costs.
The blogger concerned announced the progress of the case (Source: Internet)
On the evening of January 8, Zhang Xuefeng talked about being indicted in the live broadcast room. He believes that he is also engaged in the service industry, and does not mean to belittle liberal arts, and points out that the plaintiff is rubbing traffic, "wanting to be popular and crazy", and he suggested that the other party should rub more famous people if they want to be popular. Zhang Xuefeng said: "As soon as I say that you are in the service industry, you are not happy, so is it me or you who really look down on the service industry?"
On the 8th, it was reported that the case had been accepted by the Huqiu District People's Court of Suzhou City, and the case status was in the stage of online case filing and review.
The reporter noted that the announcement of the Suzhou Intermediate People's Court on the implementation of centralized jurisdiction over Internet cases shows that the Suzhou Internet Court, a special adjudication body, has been set up within the Suzhou High-tech Zone (Huqiu District) People's Court, which has centralized jurisdiction over some Internet cases, including personality rights disputes and property damage compensation disputes arising from the infringement of others' personal rights, property rights and other civil rights and interests on the Internet.
In order to understand the progress of the case, on the afternoon of the 9th, the reporter called the case filing division of the Huqiu District People's Court several times, but no one answered. The staff of the 12368 judicial service hotline of the Suzhou court explained that the online service applet of the people's court shows that "the online case filing review has passed", which only means that the case materials meet the conditions for case filing, and does not mean that the case has been filed. If the examination opinion says 'transfer the case', the court generally has to file the case and wait for the subsequent notice. ”
Blogger: I hope Zhang Xuefeng can understand me
On the 9th, Gu Yanyou, a blogger who filed a lawsuit, provided the reporter with a screenshot of the review opinion on the details of the case, which showed: "The review has been passed, please mail the original materials after receiving the summons." Please indicate that the case has been filed online and the case serial number, and do not file the case repeatedly, otherwise it may affect the progress of the case. ”
Details of the case (Source: Interviewee)
Gu Yanyou said that at present, he has received a notice that the case has been approved, and he will send the paper materials to the court and wait for the trial time, "I originally found a lawyer, but because of some factors, he could not represent this case, and I don't plan to find a lawyer next." ”
Gu Yanyou admitted to reporters that he is a service industry practitioner, "If others say that I am in the service industry, I will not be unhappy, but if others say, 'You are engaged in the service industry, you can only lick', I will definitely be unhappy." Gu Yanyou said that the service industry has its own value, and service industry practitioners also need to respect, and a "licking" word summarizes the entire service industry, which is a very biased remark.
Regarding Zhang Xuefeng's recent live broadcast saying that he "rubbed traffic, wanted to be popular, wanted to be crazy, and wanted to be popular to rub more famous people", Gu Yanyou said that this actually represents the views of many people, and he hopes that one day Zhang Xuefeng can understand the significance of what he did. Gu Yanyou explained that the significance of his prosecution is to promote the reduction of inherent perceptions and prejudices against a certain group, "I hope to achieve such a goal, everyone maintains the most basic respect for every group or industry." ”
Gu Yanyou also mentioned that he had not been in contact with Zhang Xuefeng himself or his team, "He said that 90% of my person is good, in fact, I don't think Zhang Xuefeng himself is a bad person, I also talk about things, I just think his statements about the service industry and the liberal arts student group are discriminatory."
Lawyer: It is uncertain whether the case can be continued
Regarding this case, Liu Wenhua, a lawyer from Yunnan Liu Wenhua Law Firm who is a doctor of law, believes that Article 122 of the Civil Procedure Law of the People's Republic of China stipulates that "the following conditions must be met for a lawsuit: (1) the plaintiff is a citizen, legal person or other organization ...... have a direct interest in the case" Zhang Xuefeng's remarks were aimed at a group, not a specific individual, and the blogger who sued him was only an indirect interested party in Zhang Xuefeng's remarks, and the original defendant did not establish a direct legal relationship, so the blogger's lawsuit did not meet the conditions for filing a civil case. Even if a case has already been filed, if the court finds that it does not meet the requirements for filing a lawsuit, it will dismiss the lawsuit. There is still great uncertainty as to whether the case can proceed in the future.
In Liu Wenhua's view, Zhang Xuefeng's remarks that "liberal arts are all service industries, and the service industry is summarized as 'licking'" is a rhetorical technique, but the view is one-sided, and the word "licking" is also indecent. However, this is just an expression of his personal opinion, which belongs to the category of freedom of speech, and does not violate the law, "Of course, Mr. Zhang Xuefeng, as a public figure, enjoys the benefits of public figures, but also should bear more social responsibilities, his fan base is extremely large, and his words and deeds may have an impact on the social atmosphere." Therefore, they should pay more attention to their online speech, be more cautious in their speeches, consider the public's feelings more, and make more contributions to the shaping of good social customs. ”
Editor: Xie Zhe
Source: Jimu News