Women's volleyball player Zhu Ting defamed, files private prosecution to defend rights

Compiled from The Paper
 
Case review
Chinese women's volleyball player Zhu Ting filed a private criminal prosecution in court, alleging that five Toutiao users, including "Volleyball Life," fabricated facts and defamed her online. On December 27, the official website of the Huiji District Court in Zhengzhou, Henan Province, announced that the case had been legally filed.

 

According to the Huiji District Court's official website, on December 3, the legal representative appointed by the private prosecutor Zhu Ting submitted a private criminal complaint and evidence materials to the court. The complaint accuses five individuals—Toutiao users "Volleyball Life," "Naughty Kid Talks Ball," "Conan Talks Ping Pong," WeChat subscription account "Volleyball Dialogue," and Sina Weibo ID "First Fan Fatty"—of fabricating facts and defaming Zhu Ting online with serious circumstances. It seeks to hold the five defendants criminally liable for defamation, issue apologies, and compensate for related property losses.

During the review process of the Huiji District Court, the private prosecutor was notified to supplement relevant evidentiary materials, and relevant evidence was obtained ex officio. Upon review, Zhu Ting's private prosecution complied with the relevant provisions of the Criminal Procedure Law of the People's Republic of China, and the case was formally filed on December 27, 2021. 

 

 
Criminal Procedure Law of the People's Republic of China
Article 112
For private prosecution cases, the victim has the right to directly file a lawsuit with the People's Court. If the victim dies or loses capacity, the victim's legal representative or close relative has the right to file a lawsuit with the People's Court. The People's Court shall accept the case in accordance with the law.
 
Article 204
Private prosecution cases include the following types:
(1) Cases that are handled only upon complaint;
(2) Minor criminal cases for which the victim has evidence to prove;
(3) Cases where the victim has evidence that the defendant’s infringement of their personal or property rights should be investigated for criminal liability according to law, but the public security organs or the people’s procuratorate do not pursue the defendant’s criminal liability.

 
 

 
[1] The author's perspective
(4) Private prosecution cases are those directly filed by the victim, their legal representative, or close relatives with the people’s court, without the need to go through public security or procuratorial organs. During the court proceedings, the plaintiff may reach a settlement with the defendant before the court’s judgment or withdraw the lawsuit. The defendant may file a counterclaim during the private prosecution proceedings. A counterclaim refers to the defendant, as a victim, accusing the private prosecutor of committing a criminal act related to the case and requesting the people’s court to adjudicate. If the private prosecutor disagrees with the first-instance judgment (whether as the victim or their legal representative), they have the right to appeal to the higher people’s court. If dissatisfied with an effective judgment or ruling, they have the right to file a petition.
 
(5) From the above, it is evident that in private prosecution cases, the victim or their legal representative almost entirely prepares the prosecution materials, making the victim’s burden of proof particularly important. First, the private prosecutor must be qualified, with a clear defendant and specific claims. According to Article 204 of the Criminal Procedure Law, private prosecution cases must fall within the scope of cases eligible for private prosecution. Finally, the victim must have evidence proving that the defendant committed the alleged criminal facts when initiating a criminal private prosecution. Therefore, the requirements for the materials and evidence held by the victim are relatively high, but this also facilitates the trial of the case and better protects the victim.
(6) The author believes that whether a celebrity or an ordinary person, when encountering violations of their rights, they should bravely step forward, take up the weapon of the law, and defend their rights and interests. Social development requires the efforts of each of us, and the construction of the legal system is closely related to everyone. Do not fail to do good because it is small, and do not do evil because it is small.