Plaintiff: Qi Yuling Defendant: Xiaoqi Chen; Chen Kezheng; Jining Commercial School, Shandong Province; Tengzhou No.8 Middle School, Shandong Province; Judgment of the Second Instance of Tengzhou Municipal Education Commission in Shandong Province: 20065438+August 23rd Court of First Instance: Zaozhuang Intermediate People's Court Judgment of Second Instance: Qi Yuling, plaintiff of Shandong Higher People's Court, filed a lawsuit with Zaozhuang Intermediate People's Court in Shandong Province on the grounds that the defendants Xiaoqi Chen, Chen Kezheng, Jining Commercial School in Shandong Province, No.8 Middle School in Tengzhou City, Shandong Province and Tengzhou Municipal Education Commission in Shandong Province infringed on the right to name and education.
Qi Yuling, the plaintiff, claimed that after the unified examination, Jining Commercial School, the defendant, admitted the plaintiff as a 90-level certified student majoring in accounting according to the plaintiff's wishes. Due to the defendant's joint fraud, the defendant Xiaoqi Chen entered Jining Commercial School in the name of the plaintiff, and the plaintiff's right to name, education and other related rights and interests were violated. Request to order the defendants to stop the infringement and apologize, and compensate the plaintiff for economic losses of 6,543,800 yuan (including: 654.38+0. Xiaoqi Chen falsely claimed a salary of 50,000 yuan; 2. The housing welfare given by the Xiaoqi Chen unit is 90,000 yuan; 3. The cost for the plaintiff to repeat one year is 1000 yuan; 4. The plaintiff paid 6,000 yuan for the city capacity increase from agricultural registered permanent residence to non-agricultural registered permanent residence; 5. The tuition fee paid by the plaintiff for changing to a technical school is 5,000 yuan; 6. Xiaoqi Chen should enjoy a scholarship and scholarship of 2,000 yuan during his study in Jining Business School; 7. The plaintiff paid the lawyer's agency fee of 5,000 yuan, investigation fee of 1000 yuan, and compensated mental damage compensation of 400,000 yuan.
Defendant Xiaoqi Chen argued that I did go to school under the name of plaintiff Qi Yuling. Although Qi Yuling's test scores passed the entrustment mark, she said that she didn't want to entrust, so she didn't contact the entrusting unit, didn't pay the entrustment fee, and had no other conditions to entrust. I go to school instead of Qi Yuling, without infringing on her right to education. The right to education is not a civil right stipulated in the General Principles of the Civil Law of People's Republic of China (PRC), and Qi Yuling's claim for compensation on this basis has no legal basis. Secondly, her claim has obviously exceeded the two-year statute of limitations stipulated in the General Principles of Civil Law.
Defendant Jining Commercial School argued that after receiving the certificate issued by the entrusting unit in the name of Qi Yuling, our college issued an admission notice to Qi Yuling in time, and its examination score exceeded the entrusted score, so it did not infringe the legitimate rights and interests of the plaintiff Qi Yuling.
The defendant Tengzhou No.8 Middle School argued that in the dispute between Qi Yuling and Xiaoqi Chen, our school had no infringement and should not be listed as the defendant in this case.
The defendant Tengzhou Education Committee argued that in the 90th senior high school entrance examination, the defendant strictly implemented the enrollment policy from registration, examination, admission to issuance of admission notice, and there was no fault in this dispute, so he should not be responsible for the infringement of others.
The Intermediate People's Court of Zaozhuang City found through trial that Qi Yuling and the defendant Xiaoqi Chen were both the 90th junior high school graduates of Tengzhou No.8 Middle School, and lived in Li Quan Village, Baogou Town, Tengzhou City, where Tengzhou No.8 Middle School was located. Their appearances are obviously different. Qi Yuling's 90th national examination was 44 1, which did not reach the admission score of that year, but exceeded the admission score of Wei Peisheng. At the end of the admission, the defendant Jining Commercial School issued a notice to admit Ji Yuling as a 90-level accountant of the school, which was forwarded by Tengzhou No.8 Middle School.
Defendant Xiaoqi Chen failed in the 1990 secondary school primary examination and was disqualified from continuing to take the unified examination. In order to continue her studies, Xiaoqi Chen took the admission notice of the plaintiff Qi Yuling from the defendant Tengzhou No.8 Middle School. Xiaoqi Chen's father and defendant, Chen Kezheng, contacted the Baogou Town Government of Tengzhou City as the entrusted training unit of Xiaoqi Chen. When Xiaoqi Chen reported to the defendant Jining Business School with Qi Yuling's admission notice, he did not bring the admission ticket; After reporting for duty, he studied in Jining Commercial School in the name of Ji Yuling, while Xiaoqi Chen's student files during his study in Jining Commercial School are still candidates' materials formed during Ji Yuling's junior high school and senior high school entrance examination, including a physical examination form with Ji Yuling's photos, a semester evaluation form, and papers that Ji Yuling took part in the unified examination. While studying in Xiaoqi Chen, Chen Kezheng changed Xiaoqi Chen's original entrusted training unit to Tengzhou Branch of China Bank. 1993, Xiaoqi Chen graduated from Jining Commercial School and came to China Bank Tengzhou Sub-branch, a training institution, with his own files. Defendant Chen Ke was having a physical examination in 19 1 senior high school entrance examination, and he used Xiaoqi Chen's photo and the seal of "Tengzhou Admissions Committee of Shandong Province" to have a physical examination, and he also filled out a physical examination form as an impostor. 1993, Chen Kezheng took advantage of Xiaoqi Chen's graduation file to extract materials from Qi Yuling's original file and put them on the above two forms. At present, in the personnel file of Tengzhou Branch of China Bank, Xiaoqi Chen's name is still Qi Yuling, and Xiaoqi Chen is only used in his household registration.
Upon appraisal, the seal of "Shandong Tengzhou Admissions Committee" stamped on the physical examination form handled by the defendant Chen Kezheng is indeed the seal of the defendant Tengzhou Education Committee; The seal of Tengzhou No.8 Middle School stamped on the term evaluation form was altered by the defendant Tengzhou No.8 Middle School's special financial seal. Chen Kezheng refused to say who sealed the two seals.
It is also found out that in 1990, the defendant Tengzhou No.8 Middle School informed the candidates of the results of the students who took the secondary school examination that year, as well as the results of unified recruitment and entrusted training.
According to the enrollment method of 1990, candidates applying for entrusted training must register with a letter of introduction from the entrusted training enrollment school and the entrusted training unit. In order to meet this requirement, all candidates who apply for training volunteers actually contact the training unit and pay their own training fees. Defendant Xiaoqi Chen paid a commission of 5,500 yuan at that time, and plaintiff Qi Yuling neither contacted the entrusting unit nor paid the commission.
Zaozhuang Intermediate People's Court ruled: 1. Defendant Xiaoqi Chen stopped infringing the plaintiff Qi Yuling's name right; 2. Defendants Xiaoqi Chen, Chen Kezheng, Jining Commercial School, Tengzhou No.8 Middle School and Tengzhou Municipal Education Commission apologized to plaintiff Qi Yuling; 3. The attorney fee of plaintiff Qi Yuling is 825 yuan, which shall be borne by defendant Xiaoqi Chen and paid within 10 days after this judgment comes into effect. Defendants Chen Kezheng, Jining Commercial School, Tengzhou No.8 Middle School and Tengzhou Municipal Education Commission are jointly and severally liable for this; 4. The plaintiff Qi Yuling paid 35,000 yuan for mental damages, which shall be paid by the defendant and Chen Kezheng respectively, the defendant Jining Commercial School15,000 yuan, the defendant Tengzhou No.8 Middle School/6,000 yuan, and the defendant Tengzhou Municipal Education Commission 10 days after the judgment came into effect; Five, the appraisal fee 400 yuan, 200 yuan by the defendant Tengzhou No.8 Middle School and Tengzhou Municipal Education Commission; 6. Reject Qi Yuling's other claims.
The acceptance fee of this case is 54195,000 yuan according to the actual dispute amount approved by our court, and the plaintiff Qi Yuling shall bear 4,400 yuan. Defendants Xiaoqi Chen, Chen Kezheng and Jining Commercial School each bear 300 yuan, while defendants Tengzhou No.8 Middle School and Tengzhou Municipal Education Commission each bear 55 yuan.
After the verdict was pronounced, Qi Yuling refused to accept the first-instance judgment and appealed to the Higher People's Court of Shandong Province.
The reasons are as follows: 1. The mental damage caused by Xiaoqi Chen's infringement of the right to name is serious, and it should be compensated according to the compensation standard stipulated in Article 75 of the Opinions of Shandong Higher People's Court on Several Issues Concerning the Trial of Personal Injury Compensation Cases (Trial); Second, according to the regulations of the state and Shandong Province on enrollment in those years, you don't need any letter of introduction or an employment contract with the school. The document Tengding (1990) No.7 of Tengzhou Admissions Committee's Office, concerning the declaration of students' appointment, violates the regulations of the state and Shandong Province, which is wrong and unacceptable. I have filled in my volunteers before taking the unified examination, and according to the plan of Zaozhuang Commercial Bureau to recruit entrusted students in Tengzhou, I indicated that I was assigned to the entrusted school, so I can enter the examination room for unified recruitment and entrusted students to take the unified examination, and I can be admitted to Jining Commercial School if I exceed the score of entrusted students. It is precisely because Tengzhou No.8 Middle School didn't inform me of the results of the unified examination and gave the admission notice to Xiaoqi Chen, so I couldn't know the truth and always thought that my grades were unqualified. The appellee's joint tort deprived him of the right to receive secondary school education and made him lose a series of related interests. The original judgment denied that my right to education was violated, which was wrong.
Request the court of second instance to order: 1. Xiaoqi Chen compensated me for the mental loss of 50,000 yuan caused by his violation of my name right; 2. The appellees shall compensate me for the recognized economic loss of 1.6 million yuan and the mental loss of 350,000 yuan for their joint infringement of my right to education (that is, the exclusive right to attend secondary school and related rights and interests).
Xiaoqi Chen, the appellee, replied that the original judgment found the facts clear, the applicable law was correct and the procedure was legal, and should be upheld.
Chen Kezheng, the appellee, replied that Qi Yuling had told Xiaoqi Chen privately that she was not going to go to Pepe School after the graduation examination of middle school and primary school. It is because Qi Yuling expressed this intention that I provided the letter of introduction and the training contract of Baogou Town Government. Of course, after Xiaoqi Chen went to school under the name of Ji Yuling, Ji Yuling didn't know, but this didn't go against Ji Yuling's own meaning. Therefore, we only violated Ji Yuling's name right, but did not violate Ji Yuling's right to receive secondary school education or above, nor did we cause any mental damage to her.
The appellee Jining Commercial School replied that the infringement of Qi Yuling's name right was entirely planned and implemented by Chen Kezheng. If other specific actors deliberately fabricate or tamper with Chen Kezheng's archival materials, they should be held accountable. Jining Commercial School has fulfilled its due obligation to review, and there is no evidence that Jining Commercial School has intentionally violated the name rights of Xiaoqi Chen and Chen Kezheng, so Jining Commercial School has not caused any mental damage to Ji Yuling.
The appellee Tengzhou No.8 Middle School replied that Qi Yuling's unified examination results and evaluation scores were notified by Tengzhou No.8 Middle School in the form of posting. Qi Yuling's legitimate rights and interests were infringed by Xiaoqi Chen and Chen Kezheng on 1990, but the financial chapter of Tengzhou No.8 Middle School was only engraved on April 1992, so it is unreasonable to affix the altered financial chapter to Tengzhou No.8 Middle School to bear the tort liability.
The appellee Tengzhou Municipal Education Commission replied: The enrollment work of Tengzhou Municipal Education Commission in 1990, from the examination to the admission and issuance of the candidates' admission notice, was carried out in strict accordance with the procedures stipulated in the enrollment policy. Qi Yuling was sent to school under someone else's pseudonym, which has nothing to do with our Committee.
The Higher People's Court of Shandong Province found through trial that the appellee Tengzhou No.8 Middle School had informed Qi Yuling of the unified examination results and evaluation scores, which could not be established without evidence.
The appellee Tengzhou Municipal Education Commission admitted that it was the appellant Qi Yuling who filled in Pei Wei's volunteers. Therefore, he was arranged to take the exam in the unified recruitment training examination room.
After the appellee Qi Yuling graduated from Tengzhou No.8 Middle School, the appellee Chen Kezheng moved out with Qi Yuling's admission notice.
Appellee Xiaoqi Chen still works in Tengzhou Branch of Bank of China in the name of appellant Qi Yuling. From August 1993 to August 5438+0, 2006, she received a total salary of 52,043 yuan.
1997 The minimum living standard for urban residents in Tengzhou is 100 yuan, 10/00 yuan from October to June, and100 yuan since July.
From August to May, 65438 19965438, the appellant Qi Yuling re-read in No.20 Middle School (now No.4 Middle School) in Zoucheng City, Shandong Province, and spent a re-reading fee of 1000 yuan during the period. 1June, 1993, Qi Yuling turned to non-agricultural registered permanent residence after paying 6,000 yuan for urban capacity increase to the relevant departments. In August of the same year, Qi Yuling attended Zoucheng Labor Technical School and paid 5,000 yuan for tuition and other expenses. 1August 1996, Qi Yuling was assigned to work in Shandong Lunan Ferroalloy General Factory. Qi Yuling has been laid off for more than a year since July 1998.
The above facts are confirmed by Zaozhuang Admissions Committee, Physical Examination Form, Term Evaluation Form, Payment Voucher, Document Retrieval Certificate, Registration Form of Permanent Population, Certificate of Tengzhou Branch of Bank of China, Certificate of Tengzhou Civil Affairs Bureau, and statements of the parties concerned.
In addition, the Higher People's Court of Shandong Province confirmed other facts ascertained in the first instance.
The Higher People's Court of Shandong Province held that there were problems in the application of law in the appeal cases of Xiaoqi Chen, Chen Kezheng, Jining Commercial School, Tengzhou No.8 Middle School and Tengzhou Education Committee, and reported to the Supreme People's Court for explanation according to Article 33 of the Organization Law of People's Republic of China (PRC) People's Court.
After studying this case, the Supreme People's Court believes that Qi Yuling's right to education stems from the first paragraph of Article 46 of our Constitution. According to the facts of this case, Xiaoqi Chen and others violated Qi Yuling's basic right to education in accordance with the Constitution, and caused specific damage consequences, so they should bear corresponding civil liabilities. Accordingly, the Supreme People's Court approved the request of Shandong Higher People's Court with the judicial interpretation of Fa Shi (20065438+0) No.25.
According to Article 46 of the Constitution, the Supreme People's Court (200 1) Law Compound No.25 and Article 153, Paragraph 1, Item 3 of People's Republic of China (PRC) Civil Procedure Law, the Shandong Higher People's Court made the following judgments: 1. The first, second and third civil judgments of first instance were upheld; Second, cancel the fourth, fifth and sixth items of the civil judgment of first instance; 3. Appellees Xiaoqi Chen and Chen Kezheng should compensate appellant Qi Yuling for the direct economic loss of 7,000 yuan caused by the violation of her right to education within 10 days from the effective date of this judgment, and the appellants Jining Commercial School, Tengzhou No.8 Middle School and Tengzhou Municipal Education Commission shall bear joint and several liability for compensation; Four. Appellees Xiaoqi Chen and Chen Kezheng shall, within 10 days from the date of receiving this judgment, compensate the appellant Qi Yuling for the indirect economic losses caused by the violation of her right to education (calculated by deducting the minimum living allowance from her salary in the name of Qi Yuling, from1August 1993 until she stopped using Qi Yuling's name; Among them, from August, 2006 1993 to August, 2006, 5438+0, totaling 4 1045 yuan), the appellee Jining Commercial School, Tengzhou No.8 Middle School and Tengzhou Education Commission were jointly and severally liable for compensation; 5. Appellees Xiaoqi Chen, Chen Kezheng, Jining Commercial School, Tengzhou No.8 Middle School and Tengzhou Municipal Education Commission should compensate appellant Qi Yuling for mental damages of 50,000 yuan within 10 days from the date of receiving this judgment; 6. Reject the appellant Qi Yuling's other claims.
The acceptance fee for the first-instance case 109 10 yuan, 8984 yuan shall be borne by the appellant Qi Yuling and 1926 yuan shall be borne by the appellants Xiaoqi Chen, Chen Kezheng, Jining Business School and Tengzhou No.8 Middle School; The acceptance fee for the second instance case 109 10 yuan, 8984 yuan shall be borne by Qi Yuling and 8984 yuan shall be borne by Xiaoqi Chen, Chen Kezheng, Jining Business School, Tengzhou No.8 Middle School and Tengzhou Municipal Education Commission.