Chapter 16 Attachment: Hongying Case Reconciliation "K" Book Renamed "British Lover"

A case about whether the "ancestor's reputation" was violated caused by the novel "K" resurfaced after making waves.After two days of intense court hearings on July 15 and 16, the case was retried by the Jilin Provincial Higher People's Court, and the two parties unexpectedly reached a settlement.This case has aroused the attention of media and readers across the country - what will be the final fate of "K", which became the first novel banned by the court in my country in the first instance? "K" is the work of British female writer Hong Ying, written from 1997 to 1999. It was first released in Taiwan in 1999. Ms. Chen Xiaoying, who lives in the UK, was very angry after reading "K".She believed that "K" based on the past lives of her parents Chen Xiying and Ling Shuhua, fabricated many unsightly plots in obscene ways, and "violated the reputation of the ancestors", so she pushed Hong Ying to the Changchun Intermediate People's Court. seat.In December last year, Changchun Sino-French Court ruled that Hongying lost the lawsuit, requiring her to compensate the plaintiff Chen Xiaoying for mental damage and other expenses of nearly 200,000 yuan, apologized to the plaintiff in national newspapers, and ruled that "K" should be permanently prohibited from copying, publishing, and distributing in any form. .As a result, "K" became a "banned book".But Hong Ying insisted that, except for Julian, the others in the novel are not real names, and the heroine "Lin" is a collection of various images, not just a real person, so she appealed against the result of the first trial.

Such a dispute over the reputation rights of "ancestors" has been entangled for three or four years, and the literary world is also very concerned about it.The reason is simple: writers create according to a certain prototype, how should the scale of reflecting the truth be grasped, and whether corresponding provisions can be made in law.Before the retrial of the case began, Hong Ying once again expressed her attitude on this.She said: "I was born to tell stories, but I never tell stories that I read because I am bored. "K" does involve real 'ancestors'. I have a lot of thinking about life and human nature in it, and I have the creative motivation to create. "K." It's one of the best stories I've ever told. Wouldn't it be a pity to kill such a thought-provoking and interesting story?"

Another "spectacle" of this lawsuit is that both the plaintiff and the defendant are British nationals, but the domestic court accepted the case.However, in most countries in the world, the issue of defamation must be brought up by the parties themselves, because it is believed that the "defamer" and the "defamed" cannot prove the truth without the parties personally defending the case. Unable to verify. Perhaps because of so many "points to watch", the trial of this appeal case lasted for two days—nearly 20 hours. , Whether the novel discloses privacy is debated endlessly.After the first day, both parties also expressed to the media that they would seek a final reasonable judgment.In the second day's trial, although the two sides were still arguing with each other, Hong Ying expressed several wishes in her final speech, and the intention of reconciliation gradually became clear. On the evening of the 16th, both parties finally signed the settlement agreement.

The final ruling of the court stated that the book "K" was allowed to be renamed, and after changing the name and identity of the plaintiff's ancestors by unintentional coincidence, it could still be published.Since the two parties reached a settlement, the court did not further confirm the infringement of reputation or whether the contents of the book were obscene.As the author, Hong Ying, "due to unintentional misunderstanding caused the plaintiff's subjective emotional injury", she is willing to publicly apologize in the "Writer" magazine; fee, and is also willing to give a compensation fee of 80,000 yuan.In this regard, the book "K" seems to have a reasonable and legal right to publish.