Jackson Yee won the lawsuit, but the defendant has disappeared. What should be done?
[2] Compiled from: Guangzhou Daily, Red Star News
Case review
Recently, the official website of the Shenzhen Intermediate People's Court published the "Announcement of (2023) Yue 0304 Min Chu No. 3143," directed at Shenzhen Huidi Trading Co., Ltd. The announcement stated: "In the case of portrait rights dispute between plaintiff Yi Yangqianxi and defendant Shenzhen Huidi Trading Co., Ltd., this Court has concluded the trial. As your whereabouts are unknown, in accordance with Article 95 of the Civil Procedure Law of the People's Republic of China, this Court hereby serves the civil judgment of (2023) Yue 0304 Min Chu No. 3143 to you by way of public announcement."
(Image source from the internet, delete upon infringement)
The judgment states that the defendant, Shenzhen Huidi Trading Co., Ltd., shall, within ten days from the date this judgment takes legal effect, cease production and destroy all produced but unsold promotional materials bearing the portrait of Jackson Yee (including but not limited to the packaging boxes of the “C***e” power bank figurines). The defendant shall also publish an apology statement to the plaintiff on the homepage of the “C***e Flagship Store” on the online shopping platform involved in the case and compensate 200,000 yuan for economic losses.
[5] The announcement states that this judgment is deemed served thirty days from the date of the announcement. If dissatisfied with the judgment, an appeal must be submitted to this court within fifteen days from the date of service of the judgment (within thirty days for parties involving foreign, Hong Kong, Macao, or Taiwan elements).
"there are no products and promotional pictures of Yi Clan Qianxi's portrait on the product list of the e-flagship store, but there is no apology statement on the homepage."
The
[1] The People's Republic of China
Civil Procedure Law
Article 95
If the person on whom to serve the document is missing, or if service cannot be made by other means provided in this Section, service shall be made by public announcement. Thirty days after the date of the public announcement, the document shall be deemed to have been served.
When service is made by public announcement, the reasons and the process shall be recorded in the case file.
[1] The author's perspective
Service by public announcement is a method of serving litigation documents through public declaration when the person to be served is missing or cannot be served by other means. After the period prescribed by law, the document is deemed to have been served. As a form of constructive service, it plays a positive role in safeguarding the litigation rights of the parties and facilitating the court's exercise of judicial power.
However, service by public announcement also has certain drawbacks. After the service is completed, the person to be served may not actually be aware of the content of the served legal document, which may lead to adverse consequences such as default judgments or delays in appeal. Therefore, only when it has been confirmed that the person to be served is indeed missing, or although not missing, there is solid evidence that other natural methods of service are truly impossible, should an appropriate method of public announcement be carefully chosen based on the specific circumstances to serve the legal document to the person.