"Hello Lawyer Li..."

Lianmai was connected, Li Chen looked at the netizen on the microphone and said, "Hello, what do you want to consult?" ”

"That's right..."

The male netizen told about his own experience.

A few months ago, he encountered such an outrageous thing while riding the subway.

He was an office worker and was wearing a white breathable shoe with holes on the day of the incident.

And he never thought that one day he would be wronged as a candid photographer because of a pair of ordinary casual shoes:

"There were a lot of people that day, and there were no free seats on the subway, so I had to stand in the car.

There were two girls on the other side, and I didn't know what they saw, so I had to say that I was secretly filming them. ”

"There were a lot of people at the time, and I myself felt quite speechless, so I explained to them that I was just an ordinary casual shoe.

But they didn't listen to me at all, they had to say that I was secretly filming them.

At that time, there were indeed a lot of people, and many people were also looking this way, and when I saw that so many people were looking this way, there was no choice but to take off their shoes and show them.

Later, the security guard of the subway also came and took the three of us off the subway to find out the situation.

The situation was very unfavorable for me, and the two girls kept talking about what happened to me, and then I called the police..."

The male netizen continued to talk about his problems.

Later, the personnel of the Armed Forces Association came over and quickly learned the truth of the whole case.

There is no candid camera equipment in my shoes, I am innocent!

The case officer of the Armed Forces Association asked the two girls to apologize.

"Lawyer Li, I don't know how perfunctory the apologies of those two women were..."

The male netizen was a little indignant when he said this, and restored the situation in the live broadcast room.

Li Chen didn't speak when he heard this, he was still listening to the follow-up of this netizen.

The male netizen continued to talk about the follow-up questions, and the netizens were also a little indignant:

"One thing to say, this is indeed a bit excessive, you have wronged others, can't you sincerely apologize after learning that others have been wronged by you?"

"Dude, I support you, you should use the weapon of the law to protect your legitimate rights and interests, if the apology is useful, then what is the Martial Arts Association for?"

"I've encountered this kind of thing before, it was on the train, a woman said that I used my mobile phone to secretly photograph her, I explained that she didn't listen, so I asked her to find the administrator on the train, and later proved my innocence, the woman's attitude was a little better, apologized to me, the tone was very sincere, and I made a bucket of instant noodles, I didn't want it."

The male netizen continued to tell his story.

He did not introduce the apology of the two girls for two reasons:

First, the two girls' apologies were too perfunctory.

It's clear that you've done something wrong, why do you look so reluctant?

Am I distorting the facts or what?

Second, the occasion is wrong.

When he was wronged, he was on the subway, and there were many people who were watching the excitement and took out their mobile phones.

From the moment he was accused, there was a risk that he would be labelled as a clandestine photographer.

If these two people apologized on the subway, then he wouldn't be bothering about anything.

And herein lies the real problem.

At that time, I was wronged as a candid photographer in front of so many people on the subway, but only a few people knew about the apology.

You know the situation and understand that I have been wronged, and the accuser has also apologized, but don't you know?

They don't know the follow-up situation, so will they think that I am secretly filming others?

It is precisely because of this that he will ask the two girls to publicly apologize online for wronging him.

The two girls did not agree to his request.

Later, he also resigned to defend his rights.

went to the trial court to prosecute, but lost the case in the first instance.

The netizen filed his own indictment with the trial court for personal insult, demanding that the other party publicly apologize and compensate him for mental damages of 50,000 yuan.

"Lawyer Li, I can't figure it out, as an ordinary person, how can I protect my legitimate rights and interests?"

"I understand what you're doing, too."

Hearing netizens' inquiries about himself, Li Chen also began to analyze other cases for him: "You listen to me first, if there is anything wrong with you, you can interrupt and add at any time."

The first point is the facts of your case.

In this case, you were wrongfully accused of being a clandestine photographer, and you were the victim, which was also confirmed by the law enforcement agencies, which is indisputable, right? ”

"Yes..."

"Okay, this stage is like this, then let's move on to the next stage.

You just said that in order to defend your rights, you posted the incident on the Internet.

This kind of behavior of yours is understandable from our personal point of view.

As an ordinary law-abiding citizen, you do not have a special channel for rights protection beyond your authority, and any way you can protect your rights in the face of injustice is correct as long as it is not illegal. ”

What if there is no way to solve the problem?

Exposing one's own events on the self-media to let more people see them and increase the influence of the matter is also a common means of rights protection on the contemporary Internet. ”

"That's the problem."

Li Chen's face was serious after hearing this: "If this video is not uploaded by you, but the behavior of others, and there is a distortion of facts and out-of-context in the video, you can report it to the relevant departments in accordance with the law, and ask the other party to compensate you for mental damages, delete the article and publicly apologize."

If the video was posted by the two people who wronged you, then their behavior will be punished by the relevant departments to varying degrees depending on the scope of the video.

It may be a public security penalty, and in serious cases, it may constitute a crime. ”

"This is also the first point pointed out by the trial court in the first-instance judgment, that the communicator is you and not anyone else, and it is also the first place where you do not occupy reason."

"The second point is that you say they behaved and apologized, and you don't have the corresponding evidence to prove that they did it.

Saying that the two girls' apologies were insincere and perfunctory, and that the security personnel at the subway station had inappropriate behavior, these situations only stop at your personal one-sided accusations, and there is no actual evidence to prove your words. ”

"And the law enforcement agencies, they will not determine whether the other party has committed misconduct based on unilateral confessions, you know what I mean?"

"As for the moral compensation you finally demanded, it also depends on the circumstances of the other party's behavior affecting you."

"If you are unreasonable on the second point, and there is no actual evidence to prove the other party's behavior, let alone the first instance, even if it is the second instance, it will be difficult for you to win the lawsuit."

Li Chen already had the answer after hearing the other party's description.

Let's put it this way...

This netizen's idea of rights protection was problematic from the beginning...

(End of chapter)