Often it's not just a legal issue, what key information did Cai Xukun code in the alarm receipt? Cai Xukun attempting to prove with an alarm receipt | alarm | receipt
Recently, Weibo users such as "Super Photography Yang Yang" and "Understanding Guagua Gua" have repeatedly revealed that artist Cai Xukun made Ms. C pregnant in 2021 and later requested her to have an abortion. Cai Xukun's mother even hired "private detectives" to track and monitor Ms. C.
A stone stirs up a thousand waves. After several days of explosive fermentation, Cai Xukun responded to the incident at noon yesterday and later stated that he had gone to the police. In the afternoon of that day, the law firm released a "Shanghai Public Security Bureau Case Reception Receipt", and in the evening, it was released again. Careful netizens have found that when this receipt was first sent out, a key piece of information was covered by a mosaic: "After verification, this case was only handled after being informed by the people's court."
The reporter learned from legal professionals that as a serious judicial process, receiving and handling police have legal norms, and there are strict regulations on the use of relevant documents and statements. Encoding the key information not only fails to prove innocence, but also leads to vivid imagination.
"The case was only handled after being informed by the people's court."
On June 26th, Weibo users such as "Inference Junjiang Xiaoyan" claimed in a live broadcast that Cai Xukun had met Ms. C in Beijing in May 2021. After a month, Ms. C discovered that she was pregnant, and later Cai Xukun requested an abortion. In July of that year, Ms. C had an abortion alone. After learning about this, Cai's mother summoned a private detective to track Ms. C and installed a camera at her doorstep.
Subsequently, someone leaked information about Cai Xukun on short video platforms, claiming that Cai Xukun, like Wu Yifan, was involved in minors. They also posted a photo of a man and a woman embracing, claiming that the man was Cai Xukun.
After several days of silence, at 11:30 noon on July 3rd, Cai Xukun finally responded to this matter on his personal Weibo account, stating that his relationship with Ms. C was voluntary and there were no "underage" or "forced abortion" cases. At 13:8 noon, Cai Xukun posted a screenshot of a Weibo user's live broadcast, which included a photo of a man and a woman hugging each other, saying, "It's purely a rumor, I've gone to the police! The photo is not me!"
At 14:19 pm on the same day, the protagonist in the photo also appeared online, stating that the photo was released by himself at the end of 2019, and that the person in the photo was himself and his wife. He also stated that "we have reported the incident to the police.". At around 16:00 in the afternoon, the netizen also posted an "alarm certificate".
The person who was once accused of "Cai Xukun's staff secretly taking photos" has reported to the police
At 18:08 pm on the same day, Shanghai Tianshang Law Firm posted an alarm receipt on Weibo, stating that they had accepted the commission of Cai Xukun to report to Weibo users "Super Photography Yang Yang" and "Understanding Guagua Gua" for spreading rumors and slander against them. The receipt shows that the alarm time is 13:00 noon, and the receiving police station is Chedun Police Station of Shanghai Songjiang Public Security Bureau.
At 20:36 pm, the law firm once again released the alarm receipt. After comparing the two images released, netizens found that the two images were actually the same document. The difference is that the latter image restores several places where the code was originally printed, including the name, police number, contact phone number of the receiving police officer, as well as a line of text in the alarm content: "After verification, this case was only handled after being informed by the people's court."
Why can't the alarm receipt prove the innocence of the person involved?
The same receipt has been made public twice, with subtle differences. Which one can prove Cai Xukun's innocence? According to insiders, none of them can.
The alarm receipt actually indicates to the reporter that the public security organs have received the alarm. The first item in the "Explanation" section at the bottom of the receipt already explains the function of the receipt: "This receipt only proves that the public security organ has received the report from the informant and does not provide any other proof."
According to the Regulations on the Procedure for Handling Criminal Cases by Public Security Organs, if the public security organs, after examination, believe that there are criminal facts that require criminal responsibility and belong to their own jurisdiction, they will file a case and enter the next judicial procedure. This also means that obtaining this receipt does not mean that the public security organs have initiated an investigation, nor does it even mean that they have entered the judicial process.
How can a person prove their innocence if they feel that they have been slandered by false rumors and have damaged their reputation? It is reported that there are usually three ways to handle it: if the circumstances are relatively minor, the parties can sue the other party for infringement of reputation rights in court, which is a civil dispute; You can also report to the police, and then the public security organs will determine that the other party has engaged in illegal activities such as defamation and spreading rumors, and impose administrative penalties in accordance with the Public Security Administration Punishment Law; If the circumstances are serious enough to be suspected of committing a crime, the parties may bring a criminal prosecution to the court on their own.
Suspected of criminal offenses, in addition to the well-known prosecution by the procuratorial organs, there are also private prosecutions. The crime of defamation is stipulated in Article 246 of the Criminal Law as follows: Whoever publicly insults others or fabricates facts to defame others through violence or other means, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance, or deprivation of political rights. The crimes mentioned in the preceding paragraph shall only be dealt with upon complaint, except for those that seriously endanger social order and national interests. If the act specified in the first paragraph is carried out through information networks and the victim informs the people's court, but it is difficult to provide evidence, the people's court may request assistance from the public security organs.
According to the law, the parties involved in the crime of defamation generally need to bring a lawsuit to the court themselves. If there are difficulties in obtaining evidence, the court can request the assistance of the public security organs - but this requirement is made by the court to the public security organs.
Cai Xukunfang Law Firm has twice shared the alarm receipt, and the different details have caused controversy and speculation
According to insiders, in fact, the handling of this report by the public security organs has been reflected in the receipt. It is precisely the sentence that was blocked with mosaic when this receipt was first sent out - "After verification, this case was only handled after being informed by the people's court." This means that Cai Xukun has to bring a lawsuit to the court on his own.
Similar cases have occurred before. In August 2021, the Chinese women's volleyball team suffered a defeat at the Olympics, with some claiming that female volleyball player Zhu Ting had problems in various aspects such as training, commercial endorsement, and teammate interaction. Zhu Ting chose to report to the police, and the receipt also had the following sentence: "After verification, this case was only handled after being informed by the people's court." Zhu Ting then said, "It has been notarized and fixed evidence. The case has been reported and criminal responsibility is requested. The next stop is the people's court."
In judicial practice, there have also been cases where the crime of defamation has changed from private prosecution to public prosecution, with subsequent evidence indicating that the case seriously endangers social order and national interests. In the previously highly publicized case of a Hangzhou woman who was rumored to have cheated while picking up a package, Ms. Gu was filmed while picking up the package and falsely accused of being a "young woman cheating on a courier". After reporting to the police, the local police imposed an administrative detention of 9 days on the two video producers. However, Ms. Gu's life has been severely affected and she has chosen to file a criminal prosecution with the court. After being accepted by the court, due to the significant impact of the case, according to the recommendation of the procuratorial organs, the local police initiated an investigation and the case was transferred from private prosecution to public prosecution. After the investigation by the public security organs is completed, the procuratorial organs file a public prosecution. The final court sentenced the two defendants to one year imprisonment and two years probation for defamation.
Not just legal issues
However, according to industry insiders in the entertainment industry, even if Cai Xukunfang ultimately wins the case, it will have a significant negative impact on his idol business.
Cai Xukun, who has over 39 million followers on Weibo, although his personal authentication includes identities such as "singer" and "producer", many people outside of his fans have almost no impression of his works. "Idol industry", as a unique cultural phenomenon in Asia, although young people created through careful packaging have singing and dancing works, they are often limited to the spread among fans, and more often through frequent participation in variety shows, fashion activities, as well as interaction with fans on the Internet platform, to meet fans' fantasy with professional "staffing". This also distinguishes idols from traditional performers such as actors and singers. They do not need to rely on special professional skills, but rely on almost flawless "character designs." Therefore, in the idol industry, young idols are not even allowed to date. "Once fans' fantasies are shattered, it will be a devastating blow to the idol's profession." Some people familiar with the fan circle bluntly stated that even though Cai Xukun's behavior was not illegal, his response did not deny that C was pregnant and had an abortion, nor did he deny that his mother had hired someone to track her. "This is a damage to the perfect idol image."
In the view of Mr. Wu, who studies the idol industry, the development of Cai Xukun's incident so far is an "unprecedented" case. "On the one hand, loyal fans hope to 'loosen the ties' for their idols, not to be included in the category of' disqualification 'even if they fall in love with idols like in Japan and South Korea; on the other hand, many netizens hope that society will give higher moral scrutiny to idols who do not have outstanding skills but enjoy various halos, even if their relationships are not handled properly, which will face problems for the general public." Mr. Wu said that this "entanglement" is just like Cai Xukun's current situation: on the one hand, there are institutions that have issued "risk warnings" to him; On the other hand, its advertising funders are still watching and have not immediately terminated the contract. "It must be emphasized that idols, as public figures, must have higher moral standards than ordinary people, rather than just 'not breaking the law'."
