Can Cui Yongyuan sue the Supreme Law?

Can Cui Yongyuan sue the Supreme Law?

This New Year’s Day, the microblogging celebrity Cui Yongyuan broke out about the loss of the highest law file became a hot spot, and then Cui Yongyuan once again through the microblogging voice, said to sue the Supreme Law to issue false “Declaration of rumors.”

The paradox of public opinion, the law is the law. Putting aside the incident itself and exploring this legal issue only from the perspective of legal provisions, it is worth studying:

Can the Supreme Court be brought to court on the grounds of “publishing false statements”?

Administrative litigation or civil litigation?
The court is not an administrative organ, but a judicial organ; the notification issued by the court is only a statement, but it does not involve changes in a specific right and obligation of a specific person, nor is it a “specific administrative act” in the legal sense. 

Regardless of whether the subject or the specific behavior does not meet the conditions for prosecution of administrative litigation, the court cannot be the defendant of the administrative litigation.

 

However, within the current legal framework, it is permissible to bring a civil lawsuit and bring the Supreme Court to court.

 

As a legal person, the court is a kind of “legal person” and certainly one of the civil subjects.

 

As a civil subject, the court has civil rights and obligations with other civil subjects under various circumstances. Whether it is a specific speech infringement, a civil contractual relationship, or a labor contract dispute, it may also be a civil action as a plaintiff or defendant. .

 

In reality, it has happened that the Supreme Law has become a defendant in civil cases, and eventually lost.

 

As early as the 1980s, the Supreme People’s Court planned to build a six-story dormitory building in Xijiaominxiang. When the building was built to more than three floors, the neighboring people filed a lawsuit against the Xicheng District People’s Court in Beijing. The copy of the complaint filed by the Xicheng District People’s Court was listed as “The Defendant: Supreme People’s Court of the People’s Republic of China, Legal Representative: Zheng Tianxiang .” 

In the end, the Xicheng District People’s Court ruled that the Supreme People’s Court lost the case, and the Supreme People’s Court had to demolish the third floor, leaving only a two-story dormitory.

Which court to look for?
If you can sue, which court should you go to lodge a complaint? 

One of the basic principles in civil litigation is that “the plaintiff is accused”, that is, to go to the court where the defendant is located.Therefore, the most direct is to run to court, Dongcheng District, the seat of the Supreme prosecution .

 

If the case of the reputation right involved in this incident is prosecuted, the court of the infringing place (where the infringer is domiciled) also has jurisdiction, and Cui Yongyuan can also choose the court of his own district (if he does not live in Dongcheng District). But it is also in Beijing anyway, which court is not running.

 

If the public opinion influence of the case is taken into account, the case may eventually be transferred to the higher court of the second-level court in Beijing, but this does not affect the litigation of the plaintiff or the defendant’s domicile.

 

Another friend said that the court has to evade. If the Supreme Law is prosecuted, it may be that the national courts have to evade and may not have to go to the International Court of Justice.

 

If the law is stipulated in the existing law, even if the case is placed in the grass-roots court, after the first and second trials, and then apply for retrial and appeal, the case will eventually rise to the Supreme Court, and it will be very difficult to judge itself. It is.

 

Avoiding the problem, there is currently no solution. The solution may only be for the judge to evade, that is, the judges involved in the incident are not involved in the trial of the case.

 

Is there any practical feasibility?
Then the question comes, “in theory” can sue, what is the practical feasibility? 

According to the law, prosecution refers to citizens, legal persons and other organizations that, when their civil rights are infringed or have disputes with others, file a lawsuit with the people’s court and request the people’s court to conduct judicial protection through trial.

 

Only those whose civil rights are infringed and who have a direct interest in the case can sue. The legal term is called “the plaintiff is qualified.”

 

However, in this matter, even if the content of the official statement is not true, it only damages the judicial public trust and legal authority, and damages its reputation, but it will not infringe the actual rights and interests of a specific individual including Cui Yongyuan.

 

Since there is no actual individual rights violation and there is no direct interest in the case itself, if Cui Yongyuan really ran to the court to sue, it is “the plaintiff is unsuitable” and does not meet the conditions for prosecution. It is difficult to get support in law. There are probably two big possibilities:

 

First, after the court review, it will not be accepted in the form of a ruling .

 

Second, mediation is closed. The pre-litigation joint transfer is a treasure.