On April 18, 1987, Tianjin "Tonight News" began serializing the novel "Lotus Girl". The novel was written by Tianjin writer Wei Xilin and consisted of 110,000 words, which was serialized in newspapers for 56 days. During this period, the elderly Chen Xiuqin in Tianjin twice went to the social network and asked for the end of the serialization, on the grounds that the novel deliberately distorted and fabricated facts, which damaged her and her daughter's reputation. The newspaper replied: "If you have any opinions, you can write a real article about the lotus girl's life, and we can publish it in the "Tonight Newspaper" at the same time." ”
The woman in this photo was once thought to be a lotus flower girl
The prototype of the lotus flower girl in the novel "Lotus Girl" is Ji Wenzhen, the daughter of the old man Chen Xiuqin. Lotus Girl is Ji Wenzhen's stage name. In Shanghai, Lotus Flower Girl learned Taiping lyrics and cross-talk with her father Ji Pingsan since childhood, and began to perform at the Confucius Temple in Nanjing at the age of 7.
Ji Ping San is a cross-talk and book review two-door hug. In the Cross-Talk Gate, Ji Pingsan's master was Feng Kunzhi. Feng Kunzhi's teacher, Xiao Tao, was introduced in previous articles, and will not be repeated here. Ji Pingsan had an apprentice named Xi Xingsheng, xi Xingsheng had an apprentice named Shi Shiyuan, and Shi Shiyuan had a son named Shi Shengjie. In terms of generations, Ji Pingsan is the ancestor of Shi Shengjie.
Most of the artists who hold cross-talk and book review are good at speaking stand-up, and Ji Pingsan is no exception. When Chang Baoting was eleven or twelve years old, he often listened to Ji Pingsan talk stand-up. Chang Baoting concluded that Ji Pingsan said stand-up, and the biggest feature was that it was simply clear. But some people say that Ji Pingsan speaks with a big tongue. Jiping San became famous in Tianjin. After becoming famous, he was invited to Beijing Qiming Tea House and Jinan Chenguang Tea House to talk stand-up and save the bottom. Here Xiao Tao has one more word to say. Saving the bottom is different from the finale, which refers to the last appearance, and the finale refers to the penultimate appearance.
From left: Chang Baokun, Lotus Flower Girl and Zhao Peiru
Lotus Flower Girl has been following her father to the north and south, and has attracted much attention because of her young age and being a girl. At the age of 13, Lotus Girl joined the newly formed Brothers Theatre Troupe. The Brothers Theater Troupe mainly performs comedies. Comedy drama is similar to today's cross-talk drama, the difference is that most of the actors who play laughter dramas will reverse the string, and today's cross-talk dramas rarely reverse the string.
In the Brothers Theatre Company, Lotus Flower Has performed nearly 20 laugh plays and become one of the "Four Main Actors", the other three starring chang Baokun, Chen Yanan and Hua Qiyun. The first time Lotus Flower Girl cooperated with Chang Baokun was in September 1940, when they starred together in the anti-string pendant "Yutang Spring".
In "The Dough Bowl", the Lotus Flower Woman (left) reverses the string zhou lamei
In 1941, Lotus Girl, Chang Baokun and Zhao Peiru and others went to Korea to produce records. At that time, there were very few cross-talk artists who could record records, and even fewer could go abroad to charge records. They went to Busan, which is now part of South Korea, but was called North Korea at the time. I went to Busan because there are state-of-the-art recording equipment there.
The lotus flower girl said that cross-talk is known for willow life. Liu Huo is a cross-talk jargon that refers to learning to sing. The late cross-talk actor Xiao Lin is good at willow work, singing and not happy. But Xiao Lin only learned to sing popular songs, while Lotus Girl was versatile. Jingyun big drum, plum blossom big drum, iron piece big drum, Henan pendant, single string, Peking opera and local opera, she has learned a lot. The lyrics of the cross-talk actor's honmon Gong Taiping, the lotus flower girl sang better. When she was a child, she sang Taiping lyrics with her father Ji Pingsan. Today, there are seven records of lotus flowers that have been preserved, one for singing Taiping lyrics, two for cross-talk, and four for comedy.
In 1944, the year of her popularity, Lotus Girl died suddenly, at the age of 18. When the lotus flower girl came out of the funeral, the citizens of Tianjin rushed to watch, which showed her popularity. The death of lotus flower girl hit Ji Pingsan hard, and he went blind in both eyes a year later and died eight years later.
After the novel was serialized, the author Wei Xilin issued a clarification
As for the cause of death of the Lotus Flower Girl, the novel "Lotus Girl" tells the reader in a suggestive way that the Lotus Flower Girl died due to a venereal disease and a wrong injection. Before writing Lotus Girl, the author Wei Xilin visited Chen Xiuqin and The Lotus Girl's younger brother Ji Wenli, but Wei Xilin later admitted that the cause of Lotus Girl's death was fictional. In other words, the cause of death is a mystery and inconclusive.
In June 1987, Chen Xiuqin filed a civil lawsuit with the Tianjin Intermediate People's Court on the grounds that Wei Xilin and The Tonight Newspaper had infringed on her and her daughter Ji Wenzhen's right to reputation.
Xiao Tao noticed that Elder Chen Xiuqin had two litigation agents, one was a lawyer and the other was Chen Xiuqin's granddaughter Wei Shulin. Wei Xilin and Wei Shulin had only one word difference in names, but they were not brothers and sisters. The lotus flower girl has never been married, so there is a saying that "the flowers fall helplessly, and the bride is not killed before she dies". Judging from Wei Shulin's age alone, Wei Shulin could not be the daughter of the Lotus Flower Girl. Lotus Girl died in 1944, while Wei Shulin was born in 1948.
For the prosecution of the elderly Chen Xiuqin, the "Tonight News" responded in a disapproving way. In August of the same year, the newspaper organized a pen conference to award the novel "Lotus Girl" the Best Work Award. Doing so is tantamount to adding fuel to the fire.
At the first instance, the defendant argued that, according to the law, a citizen's capacity for civil rights begins with birth and ends with death. The Lotus Flower Girl is long dead, and the right to protect the reputation of the deceased does not comply with the provisions of the General Principles of Civil Law, so the plaintiff's litigation claim cannot be established and should be rejected.
As to whether the deceased's right to reputation was protected, the judge of the court of first instance was not sure, so he asked the higher court for instructions, all the way to the Supreme People's Court. On April 12, 1989, the Supreme People's Court replied in the form of a reply, clearly stating: "After the death of Ji Wenzhen (stage name Lotus Girl), her right to reputation should be protected according to law, and her mother Chen Xiuqin also has the right to file a lawsuit with the people's court." "This reply has become an important basis for the judgment of the court of first instance.
The novel "Lotus Girl" also won the second prize of the first Tianjin Cultural Cup
On June 21, 1989, the Tianjin Intermediate People's Court rendered a first-instance judgment, ordering that the defendant Wei Xilin and the "Tonight Newspaper" apologize and compensate the plaintiff for economic losses, and the novel "Lotus Girl" shall not be printed, published and distributed in any form. The two defendants appealed to the Tianjin Municipal High People's Court. On April 11, 1990, under the auspices of the Tianjin Municipal Higher People's Court, the plaintiff and the defendant reached a settlement agreement. The settlement agreement basically covers the main content of the first-instance judgment, but it does not specify the amount of economic compensation, but the two sides negotiate. Xiao Tao said that the elderly Chen Xiuqin could win, and the reply of the Supreme People's Court played a decisive role.
Following the reply in 1989, the Supreme People's Court issued a judicial interpretation in 2001, stipulating that: After the death of a natural person, if his close relatives suffer mental suffering due to infringements that infringe on the name, likeness, reputation, or honor of the deceased, and file a lawsuit with the people's court to request compensation for moral damage, the people's court shall accept it in accordance with law.
"Lotus Girl Case" appeared in the "People's Court Daily"
The Civil Code, adopted on May 28 this year, further relaxed the standards of prosecution in such cases. According to article 994, even if no mental damage is caused to the close relatives of the deceased, the close relatives of the deceased have the right to request the perpetrator to bear civil liability in accordance with the law; even if the deceased does not have a spouse or children and the parents are dead, the other close relatives also have the right to request the perpetrator to bear civil liability in accordance with the law.
Looking back now, both the judicial interpretation of 2001 and the new Civil Code are supplements and improvements to the 1989 reply of the Supreme People's Court, and all of this stems from the Lotus Woman Case. Lotus Flower Girl is the first generation of female cross-talk artists in China. Before she died, she would not have expected that she would become the first person in the "Chinese Deceased's Right to Reputation Protection Case" 43 years after her death, and she would not have expected that the "Lotus Girl Case" would promote the construction of the judicial system at the national level.
(Xiao Tao original.) The image comes from the Internet, except as indicated. Reprinting is strictly prohibited, and the embezzler will be prosecuted! ）