【Case facts】

Wang Wei and Xing Tianlin are both owners of Yinhe Square, Section 5, Jiefang Road, Linghe District, and Wang Wei is director of the owners committee of the community. From January 12 to March 12, 2021, Xing Tianlin repeatedly published statements such as "3-151(Wang Wei) taking advantage of himself, pit owners, take short hands, take rice and white flour travel" in the "Galaxy Owners 2 Group (unofficial)". Wang asked the court of first instance to judge Xing Tianlin to make a public apology, clarify the facts, and eliminate the bad impact caused by her words and deeds in the wechat group.

【Reason for judgment】

The Court of first instance held that the reputation of a citizen is a fair social evaluation of the quality, conduct, reputation and other qualities of a citizen formed according to the behavior style of a citizen, and it is related to the degree to which a citizen should be respected in the society. Xing Tianlin put forward his own department to the owners committee members of the comments, no fabrication, said Wang Wei to receive benefits is making assumptions, there is no factual basis, not to be trusted. Xing Tianlin should apologize to Wang Wei for publishing false statements about Wang Wei, which caused Wang Wei's social evaluation to be lowered, and his infringement had a negative impact on Wang Wei's reputation. According to Article 991 and Article 1000 of the Civil Code of the People's Republic of China and Article 64 of the Civil Procedure Law of the People's Republic of China, the judgment: Xing Tianlin shall apologize to Wang Wei within 3 days after the effective date of this judgment and eliminate the impact. The case acceptance fee of 100 yuan, Xing Tianlin bear.

During the second instance, the appellant Xing Tianlin submitted the civil judgment No. 644 of Linghe District People's Court of Jinzhou City, Liaoning Province (2021), Liao 0703, to prove that commercial advertisements in the community did have income, and the appellee did not admit to having income. The judgment has been in effect for two and a half months, but the relevant information has not been disclosed according to the judgment result. If the appellee fails to appear in court to participate in the proceedings, it shall be deemed to have waived the exercise of relevant litigation rights. After examination, the court held that the judgment was made by the people's court in accordance with the law, and its authenticity was accepted. However, the fact-finding part of the judgment did not identify the relevant facts such as the commercial advertising income claimed by the appellant, and the judgment result did not involve the commercial advertising income and other related content, so the appellant's purpose of proof was not adopted.

【verdict】

一、 the appeal is rejected and the original judgment is upheld.

二、The case acceptance fee of 100 yuan has been paid in advance by appellant Xing Tianlin and shall be borne by appellant Xing Tianlin.