It was 30 past 5 yesterday afternoon, the child with a and a half year old of a woman called Chen QiFen played on the square, 5 foreign visitors have come over under the guide of the young lady of the guide. About 50 years old in one year among them, covered with silver hair, a face holds the cheek moustache in place with a net, the Germans of 1.8 meters block up and open both legs on purpose at least, step over from sitting on the head of child on the ground, and is facing toward several companions and laugh proudly. This measure causes the stunned and indignation of the masses around. Several foreign visitors know " Have made trouble " Will leave hastily soon, the broad masses feeling aggrieved thought this German this measure not merely insult the old personality of opening fragrant mother and daughter, to to respect extremely we Chinese too. Under to agitate masses, QiFen Chen lead child chase in the past raising the hand, blocking the German require their apologize. But that one " Stir up trouble " Germen have by apology,instead towards open fragrant back of the hand have for two hands. Square security personnel will be after the thing happen " Stir up trouble " Germen take by An Shi to manage,ones that offer to 100 yuans fine. Several Germans finish handing in and fine, leave the square hurriedly.
(Report on the 21st according to Ynet8 moon: Title>) The lawyer comments:
I feel very angry to this behavior that Germen insult the infant in the public place from reading this on the newspaper to. Our country is a country governed by law, treat this kind of incident concerning foreign affairs related to national dignity, should deal with but can't act on impulse only according to emotion bring angry to treat this in accordance with the law. As a lawyer, I want to talk about the view on this in terms of law very much. This German's public place in the broad daylight insults the infant's behavior, relevant regulations that have violated>, should deal with according to this regulation. According to whole incident course, Germen did it on purpose, he " Fork turn on both legs, from sit child in ground step, pass by at the head, facing toward odd companions laugh proud " Sum " Towards old to open fragrant back of the hand two times " Fact explanation, cases of incident fully as some people said, it is the misunderstanding caused by cultural custom difference. He has already known the consequence that may be caused before implementing this behavior. His behavioral direct consequence is: Have infringed this infant's reputation right. Because though the infant is a citizen without civil capacity at all, he fully enjoys civil right ability as soon as borning. The regulation of article 101 of basis>: " Citizen, legal person enjoy reputation right, the citizen's dignity of human personality is protected by law, forbid using and insulting, the reputation that way of slandering etc. damages citizens, legal person " . The citizen has the right to protect one's own right from being infringed, although the infant is thoughtless, but his mother is his guardian, his civil behavioral right of the agent abiding by laws. When it is insulted in the public place, all right " Reputation right is encroached on " From,bring a suit before people's court. The administration of the reputation right case, is covered by the regulation of article 29 of the civil procedure, " Accepted by the ground of tort or defendant site court " . This Germen require him not to while making an apology, not only does not acknowledge the mistake to Chen QiFen, instead " Towards old to open fragrant back of the hand two times " . This behavior has not merely violated the most basic principle of morality and justice, and has infringed human rights rudely, to that it is extremely immoral in any country, any society that women exert violence. Moreover, he has already violated >. Can carry on punishment of public security to it according to this regulation. But must point out clearly: Security personnel do not have any punishment power, because the fine must be the organ with administration punishment right, and punish according to relevant legal provisions. Security personnel's department is not administrative organs, this should be dealt with by the public security organ. Otherwise, will cause the bad influence that China does not act in accordance with the law among foreigners. I also want to advise this German to observe Chinese law finally. Hope he can realize soberly, Chinese can not be bullied at will. Later on this German's apology of Chen QiFen's mother and son is enough to explain this.