Married boss "asked for marriage" claim 200,000 RMB for infringement of website

According to Guangzhou Daily, Mr. Zhang is a business owner in Zhuhai, over 50 years, married, family happiness. Last October, he received many calls from friends, asked: "Do you want to bag a mistress?" "A friend also enlightened him:" The wife died, you want to open a point.　　Mr. Zhang felt puzzled.　　After the staff opened the "Treasure Net" webpage, found that Mr. Zhang sent in his space in the photos have been transplanted to the Web page, and with "Love and Happiness" nickname, marriage information also shows "widowed." Mr. Zhang's wife asked for the information of the registrant of "love and happiness" to the treasure net. Results the website requests precursors to pay 2999 yuan registration fee.　　Mr. Zhang's wife failed to find out the truth, the "marriage case" so that the feelings of the couple seriously hurt.　　This January, Mr. Zhang will be a treasure net court, asked the court sentenced to the dating site in the home page prominent position to apologize to Mr. Zhang for 3 months, and compensation for its spiritual damage comfort gold 200,000 yuan.　　The website says, the photograph and the material is the website another registered member to upload, this member name and its to provide the ID card number, the real name mobile phone number matches, only then the website does not view that member's ID card and its oneself appearance.　　The website does not think that it has directly committed the infringement, and after Mr. Zhang informed the timely deletion of information, should not assume liability.　　The legal Aspect website provides the false person information whether should be responsible?　　Does unauthorized use of photos and information on the site constitute infringement?　　Is there any legal basis for Mr Zhang's claim for spiritual consolation?　　Lawyer interpretation of the fee marriage website information is not a breach of contract the director of the Li Qingshan law firm in Beijing, a lawyer, said that the treasure net is a toll of the marriage site, its operators and marriage seekers is a service contract relationship. In this legal relationship, the spouse should provide real personal information to the website and pay the agreed fee to the operator, and the website operator should provide the spouse with the real personal information of the other person, which is a contractual obligation of the website operator.　　If the applicant's information is untrue and causes damage to the spouse, the website operator shall be liable for breach of contract. In addition, the marriage on the site, may be due to some of the malicious behavior of the marriage, such as the guise of others in the name of the marriage to the third person caused damage.　　Therefore, the operator of the marriage site should ensure the authenticity of the information by means of certain technical measures or on-site screening.　　Failure to review obligation constitutes tort compensation Beijing Wang, director of China run law firm, said toll dating website has the obligation to examine the authenticity of the information, including verifying that the photos on the document and the site upload photos are consistent, the name of the document, sex, date of birth and other information and membership registration information is consistent. In this case, the treasure net only to the registered person to provide the ID number and the mobile phone number correspondence carries on the verification, cannot determine whether the registered person provides the photograph to be its oneself.　　The website does not fulfill the audit member information Authenticity obligation, the website has the serious negligence at this point. Therefore, the Treasure website has constituted the infringement to Mr. Zhang, and because of itsThe tort caused Mr. Zhang husband and wife's emotional shadow, Mr. Zhang may request the website to carry on the mental damage compensation to him.　　However, due to the fact that there is no clear stipulation on the amount of compensation in the law, it is entirely in accordance with the actual situation, so the actual judgment compensation may have a big gap with the demand.　　Review of the existence of negligent deletion information still tort Wang lawyer said, "Tort liability Law", the site if users do not know the use of their network to implement the infringement, the infringer know that they have been infringed, the right to request the site to delete, screen, disconnect. When the website receives the notice of the infringing party, it shall take the necessary measures in time.　　If the website does not take the necessary measures in time, it constitutes the indulgence of the user tort, and the infringer constitutes a joint tort, and the infringing users bear joint and several liability. In this case, such as the site to do a reasonable duty to review, and in the knowledge of the situation in time to delete the bad information, it should not assume tort liability.　　But because cherish the site in the examination of a certain fault, even if the timely deletion of bad information, also should compensate Mr. Zhang's certain loss.　　Event playback lawyers suggested that lawyers believe that the current use of marriage sites to violate the rights and interests of others, and even engaged in criminal activities of the case has occurred, very important reason is that the applicant in the website filled out the information is not true. This must be regulated by legislation. Should be provided on the Web site to carry out the marriage spouse, the application should be issued by my account and ID card, truthfully fill in the work unit, home address and economic status and other information. Share to: