China Daily

Kuo Ting-yee also like to work up to now do not understand, "the victims and their families who find me, cried and wanted me to help them seek justice. but I just want to tell more people they know, I hope the tragedy does not repeat itself. Is this is a crime you? "

he was doing a perfect health care products companies agents during continued to receive complaints, said the issue after taking the product, so he provided to the media collected from This led to a prison. Kuo Ting-yee workers and his boss - The Sound of Music in Beijing Commodity Co., Ltd., chairman of Liaozong Ming, was replaced by "damage to reputation crimes" sentenced to two years and 18 months.

The case is due to "facts are unclear and insufficient evidence" has been withdrawn, Zhongshan City, Guangdong Province, the Intermediate People's Court and the Procuratorate have decided to launch national workers compensation procedures Kuo Ting-yee, Liaozong Ming's claims is also coordinating being. However, a few million in compensation, because they do not return much for the "report" and pay the price.

"fake" lead to jail

Kuo Ting-yee original work is the perfect company "aloe mineral crystal" and other health care products under the distributor in the Fujian area, he and his wife Zhang Jiao Ling taking December 2004 batch of "aloe mineral crystal" after feeling ill. Then gradually learned that there are many consumers across the country, is also taking the product to varying degrees, a "pathological response." From early 2005, Kuo Ting-yee agency working to perfect the company's products are no longer in favor of the company to join The Sound of Music. But he continued access to such information, and later, after his collection, collation and site visits, found in Shandong, Jiangxi, Fujian and other places, a total of more than 50 consumers, taking the "aloe mineral crystal," after the disease residual symptoms, of which 20 have died.

result, Kuo Ting-yee working to produce a "perfect product of the injured person to use customer information", together with some consumers or their family members signed by the reports of material, and his collection of the central two, Phoenix Satellite TV about taking the perfect "aloe mineral crystal" reports of adverse reactions after the disc to the media reports.

the matter by a number of media reports, no small set off a storm. "China Quality Long March," an article entitled "perfect product? Killer? "The report, citing Hebei Lixing Fen, Anhui, Xu Shihua and Liu Zhen-chu, Ningbo Mattress Sin and others, examples, they are to varying degrees in taking the" perfect aloe mineral crystal ", the suffering of the drug toxic hepatitis, mental illness and even ruin lives. And by the Hubei and Fujian Province and other places of Quality Supervision, Inspection and testing, "the perfect mineral crystal" excessive trace elements, internal and external packaging and instructions marked confusion. Subsequent follow-up in the magazine in a report, Beijing's Wang Peiling, Shandong Jinan in the Ai-Ping, Wang held in Liaoning, Dong good spring and others, have also been chasing as victims. In "? Look East Weekly" called "perfect health products" death list "investigation" of the report, the reporter reached similar conclusions.

in these reports have caused concern in the community at the same time, reported the matter Kuo Ting-yee Liao Zongming workers and his boss, because of "impairment of goodwill crime" was Zhongshan Municipal Public Security Bureau arrested.

2008 年 10 months, Zhongshan City Intermediate People's Court of first instance verdict, to "damage the goodwill crime" of workers and Liaozong Ming Kuo Ting-yee were sentenced to two years and 18 months in prison, and 5 million and 3 ten thousand dollars in fines.

reported or framed

perfect health care products in the country famous. Zhongshan City, Guangdong Province, the perfect Commodity Co., Ltd. has more than 4,000 stores in the country, and its sales network throughout most of the country. According to its website perfect, and its has passed certification of health food GMP, HACCP food safety control system certification, ISO9001 quality management system certification and ISO14001 environmental management system certification, and 4 international certification authority. The company's products "perfect aloe mineral crystal" by the function test proved that the health functions of immune regulation.

however, is that this has immunomodulatory function of health care products, is alleged to have become "killers", which in the end is a false accusation or Reality? The victims in the end and take the perfect health care products whether directly?

Zhongshan City People's Procuratorate of the indictment, submitted that, Kuo Ting-yee workers fabricated the facts complained of a perfect company, there is no factual basis for the death of finishing the list, making the fictional "complained the victims of the national report on taking the perfect product" and other materials to media, causing damage to the media to make the perfect corporate business credit reports. Meanwhile, Kuo Ting-yee workers also contacted the so-called "victim" in an interview to help the "victims" and the perfect company "litigation" to SMS notification perfect product distributors, consumers view the company's "adverse report" such acts, is instigated by Liao Zongming "To squeeze out the industry competitors, and fabricating and spreading false facts" behavior, to perfect the company resulted in significant losses. Therefore, should be "criminal" in Article 221 of the "impairment of goodwill crime" be held criminally responsible.

this allegation, Kuo Ting-yee workers and Liao Zongming do not agree. "That we made a 'crime of impairment of goodwill' to prove that consumers eat should be a perfect 'aloe mineral crystal' and injured or disabled thing is that we 'invented' the." Kuo Ting-yee Workers to China Youth Daily reporter expressed his confusion, "but I provided to the media 'client list', are real time, place, characters and events. As for the perfect 'aloe mineral crystal' is not the cause of death or disability are the direct consumers to the reasons Forensic books also can be proved. "

from several journalists to get the perfect company prosecute cases of consumer judgments of view, the quality inspection, Shenyang, Liaoning, Shandong Province Product Quality Forensic Center and other institutions are considered , December 2004 batch of perfect "aloe mineral crystal", the existence of iodine, zinc, chromium and other "trace elements exceeded" the problems that led directly to the original Chi Shan, Xu Shihua other consumers to attack drug-induced hepatitis, cancer or mental illness and other symptoms. But the Center for Disease Control and Prevention of Guangdong Province, Zhongshan City, Guangdong Province Quality Supervision Bureau of Food and Drug Administration and other departments of the test report is that "the perfect product after repeated testing, quality standards, security, non-toxic."

Liaozong Ming told reporters that they had never mentioned the company's products, the perfect "all have quality problems," "But since taking the 'perfect aloe mineral crystal' in the local post-consumer disability exists, do not rule out a perfect product of a batch problem. "

perfect for the indictment alleged that they are competitors with this special relationship, Liao Zongming that people's lives and health of food and drug relationship, they just The objective situation reports to the media to arouse public attention. "Because we are in the same industry who may approach and understand the facts, we can not because the same is the industry to hide the facts together, right?" Liaozong Ming said. He said the prosecution to convict him of one of the main reasons is that he provided money for the Kuo Ting-yee support workers, and he works only for Kuo Ting-yee company store to provide daily care expenses.

Kuo Ting-yee work that he, as informants, but report to the media material, and not about the media reports. "China Quality Long March" in the first instance court reporter Xin Guoqi said that his article is the result of telephone and face to face interviews with victims, the facts verified and published in. "? Look East Weekly" reporter Guo-Dong Zhu also said the China Youth Daily reporter, who went to Shanghai, Ningbo, Fuqing and Ruichang interview the parties, the article referred to is their own siege.

Liaozong Ming and Kuo Ting-yee defense workers, the courts of first instance had not been adopted. Intermediate People's Court of Zhongshan City, Guangdong Province Food and Drug Administration approved judgments and other "relevant functional departments of the State," the appraisal concluded that there is no perfect company's product quality problems; and found work as compiled by Kuo Ting-yee "customer information" and "complaint report "Medium" containing false information, are obviously fabricated false facts "; and Liao Zongming" knowingly false fabrications Kuo Ting-yee work of the facts is still to provide funds to allow this information to spread, "so identified two constitute" damage business reputation of the crime. "

when the verdict handed down on paper, the workers and Liaozong Ming Kuo Ting-yee, Zhongshan City Public Security Bureau has been detained more than a year. In the meantime, two of the Guangdong Provincial Higher People's Court of Appeal. August 2009, the Guangdong High Court make a final ruling, "the facts are unclear and insufficient evidence" verdict dismissed, sent back to the Zhongshan Municipal Intermediate People's Court for retrial. This year in April, Zhongshan Municipal People's Procuratorate to "change the facts and evidence," the grounds for the revocation of Liaozong Ming, Kuo Ting-yee workers prosecution. Same month, the "withdrawal" has been Zhongshan City Intermediate People's Court permission. This year in November, Zhongshan City Public Security Bureau also to "insufficient evidence" as an excuse, decided to withdraw the case.

this point, Kuo Ting-yee Liao Zongming the fate of the workers and the judiciary seems to be pushing a "once around" after he returned to the starting point.

"Perfect aloe mineral crystal," whether there is any quality problem? Kuo Ting-yee workers are "fabricated" the facts? Although the "perfect" storm with the withdrawal of the case, seems to have to settle, but the public is concerned, the perfect quality of the product is still a mystery. Work in the Kuo Ting-yee, Liao Zongming two indicted in the process, "China Economic Weekly" has published an article entitled "" perfect storm "truth" in the media, but with the first instance verdict was revoked, "Democracy and the rule of law," reporter once again to question the perfect quality of the product launch.

Prior to this, there are several consumers or their families to the perfect company to court, and made at different stages of support for the Court. As in the original Chi Shan case, Shandong Province, Laizhou City People's Court in November 2007 in the first instance verdict in that: the perfect company aloe mineral crystal in the zinc content, more than the national standards for food limit of zinc in health standards of the highest indicators of 100mg / kg, found the original drug Chi Hill, liver, stomach and taking zinc exceeded the perfect brand products have a causal relationship. Although the original Chi Shan own long-term with gastric ulcer, a certain pathology, but the perfect should bear most of the responsibility. Final decision, the perfect company to compensate the original Zhishan medical expenses, hospital expenses, care, and so a total of 17 million yuan. Perfect after the company appealed to the Shandong Province, Yantai City Intermediate People's Court, the Court upheld the verdict. Although a variety of reasons, the verdict by the Shandong High Court revoked, but the original Chi Shan still firmly believe that the development of their illness and take the perfect product-related.

Chi Shan holds the same with the original attitude of consumers, as well as the family room at the Ai-Ping Tian Jun, Wang held the families of Wang Liqun, Zhang's family members Yuanshi County, Hebei Hanfeng Ting, Ruichang, Jiangxi Province of Chen Mengting etc. people. December 9 last year, the perfect Corp. v. Sound of Music's court, who wrote the testimony of witnesses, or in person to testify in court.

reporter has learned that the original Chi Shan and the company's litigation is still perfect. Shandong, Liaoning and other places are also the families of the victims or the judicial marathon with the perfect company. As of press time, the "perfect" still did not sweep away the fog.

What is fake? What is the "impairment of goodwill"?

"China's" Criminal Law "provides that 'damage to reputation crime', the establishment of conditions must be 'fabricated' facts, 'false' should be understood as fabricated out of thin air, fabricate a false undermine the credibility of the fact that other business. "Southwest University of Political Science, Professor of Criminal Law Zhu Jianhua, a reporter in an interview with China Youth Daily said. He believes that if only "to collect and organize" the fact that already exists, but is equivalent to the facts, "epitomized", should not constitute a crime.

Criminal Law of China Law Society, vice president of Peking University Law School professor Chen Xingliang, Tsinghua University School of Law, Renmin University of China, Professor Zhang Mingkai and Professor of Law, Chen Weidong and other experts in criminal law that the "Collecting" and "fabricated "The difference is that the former third-party sources of information, which is the source of information acts themselves. Therefore, if it is "collected more" negative information, even if there are untrue information, it is not an informer own "frame" behavior. Any citizen receiving reports of relations between public life and health are entitled to the authorities or the media reflect, which is constitutionally protected citizens of a democratic right. If the company suffered because of the reported heavy losses, as long as the loss was caused by the quality of the product itself, and not the loss of the "transfer" to the informer.

then, workers and Liaozong Ming Kuo Ting-yee to perfect the company's "peer competitor" of the special status, disclosure of the opponent to the media focus on "negative information", will affect the nature of the act two it? In this regard, Shandong University Law Professor of Law Like Jie believes that "peer competitor" are often doubtful of reported motives, but "equality before the law," strictly speaking, informants "competitor" status should not affect the court "impairment of goodwill crimes" identified.

Professor Li Kejie worry, "impairment of goodwill crime," judicial prospects may be repetition of the "defamation" cycle, once a place or business to use a handy, it will rapidly across the country the formation of demonstration effect. To cover up the quality of products, management deficiencies, or against competitors, and frequently raised, "impairment of goodwill hunting" big stick, playing to the internal management reporting, product quality or service problems of individuals or businesses. In view of this, to the maximum extent possible to avoid "damage to reputation crime" has become an unbearable weight of informers, may wish to consider its inclusion in the civil areas.

Professor Zhu Jianhua that the "impairment of goodwill" behavior into the "Criminal Law" itself is no problem, for some serious damage to the goodwill of the criminal acts of others, does have a "convicted" necessary. Instead of legislation on an issue, as the law enforcement link "development effort." What is needed now is strict discipline at all levels of the judiciary, in accordance with "criminal" provisions of the elements, to enforce the law, to avoid a public institution for personal use. In addition, wrong cases need a strict system of accountability and public opinion, the superior authority and supervision of the people match.