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The plaintiff received a text message the same day to close the case, but by the time the verdict was received, the worst had happened. "I was also very nervous, I knew that I would probably lose the case, but I didn't expect it to be so bad."
The reason for this case is that three years ago, the plaintiff found that a textbook "Mental Health Education for College Students" described the previous relationship about the same sex as sexual cognitive disorder, and she communicated with the author of the textbook at that time, hoping to modify the content of this part, but after a long period of negotiation failed, the plaintiff had to sue the publisher of the book and the platform where the book was purchased.
At that time, because there was no legal provision for such situations, the plaintiff used "product quality problems" as the reason for the lawsuit, and the plaintiff also traveled around for the next three years. On July 28 this year, after three postponements, the lawsuit was finally heard in the Suyu District Court of Suqian City, Jiangsu Province, and the judgment showed that the determination that the quality of the book was unqualified due to insufficient evidence, so it was not established, and the court held that the book classified this emotion as a sexual psychological disorder, which is an epistemic difference, not an intellectual error, and at the same time, the academic views and epistemic differences involved in the book do not belong to the scope of responsibility of the publisher's review, so the court ruled that the plaintiff lost the lawsuit.
The plaintiff was actually prepared for the worst, but he was still in a very bad mood when he knew the verdict, although our country does not have obvious discrimination and opposition to such groups, but its tolerance is not as great as that of foreign countries. In many countries, such groups are considered legitimate and not immoral. But there will still be many people in our country who think that this is a mental illness, and even forcibly "**" about it.
Our society is constantly developing and progressing, and love is not sinful, no matter what kind of love, it is a good thing, this kind of emotion does not only happen to humans, animals also have this kind of emotion, it can be seen that this is natural. It is not a "psychosexual disorder" as mentioned in the book, so even if the plaintiff loses the lawsuit, it at least brings light and some new ideas to people. It's also a good thing.
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The plaintiff Xixi said: "I received a text message the day before yesterday saying that the case was closed, and I was very nervous, knowing that it was very likely to lose the case, and I was very worried that it would be the worst outcome." According to the verdict provided by Xixi Xiangquan, the court held that the book's classification of homosexuality as a psychosexual disorder is an epistemic disagreement, not an intellectual error, and that the academic views and epistemic disagreements involved in the book do not fall within the scope of the publisher's review responsibility.
Therefore, the court found that the defendant publisher had fulfilled its obligation to conduct quality review.
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The plaintiff filed a lawsuit against the university textbook because it was inappropriate and discriminatory because of the inappropriate description of homosexuality.
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Mental Health Education for College Students" sued Jinan University Press, the publisher of the book, and JD.com, the book-buying platform, for product quality problems.
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The plaintiff said that although she knew that she was likely to lose the case, she did not expect the outcome to be so bad that she would continue to appeal.
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The plaintiff lost the case of homophobic textbooks in the first instance, and the plaintiff will continue to appeal in accordance with the procedures, but the plaintiff's claim was rejected, and the judgment found that there was no error in the textbook, which was a certain problem in the plaintiff's cognition.
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This "homophobic case" has been three years since this year, when the plaintiff was a lesbian and participated in a lot of gay public welfare activities in college, and another college student was suing the Ministry of Education on the grounds of inaction in the supervision of "homophobia" textbooks, and the plaintiff also learned about this information, as well as the problem of the textbook, and tried to negotiate with the compiler of the textbook to revise the description of this part of the textbook, but was refused, under the premise that all negotiations were inconclusive. The plaintiff then sued the publisher of the book and the platform where the book was purchased, on the grounds of product quality problems in the textbook "Mental Health Education for College Students".
On July 28 this year, it was also tried in Suqian, Jiangsu, and the verdict found that the evidence of unqualified book quality was insufficient, and the plaintiff lost the lawsuit. According to the judgment provided by the plaintiff, the court held that the classification of homosexuality as a psychological disorder in the book was a cognitive disagreement, not an intellectual error, and that the academic views and cognitive differences involved in the book did not fall within the scope of the publisher's review, so the plaintiff also lost the lawsuit.
In response to this result, the plaintiff was actually mentally prepared, but he still did not expect to lose the lawsuit. In fact, our society is now very tolerant, and we have a tolerant attitude towards some special emotional groups, but there will be some people who discriminate against or treat this part of the population unequally, and even reveal discrimination against this part of the population in books or daily communication. If there is such clearly discriminatory language in the book, we can report it to the publisher or report it.
However, from a legal point of view, there is no real illegality, as the court said, these belong to cognitive differences, not intellectual errors. The lines are indeed a bit blurred.
The plaintiff has been entangled in this matter for almost three years, and we can't imagine the strange eyes and difficulties it has received, and we also know that there are more and more gay communities, as well as public welfare organizations such as LGBT, which also shows that we have more people to speak up for them on this road. That's also a good thing.
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A gay college student sued the education department for dissatisfaction with the portrayal of homosexuality in college textbooks, and then lost the case.
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The plaintiff, Lily, believed that the textbook was suspected of discriminating against lesbian or gay relationships, so she sued the publisher on the grounds that the textbook was of substandard quality, and eventually lost the lawsuit because of the lack of substandard textbooks.
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In 2017, Xixi, a sophomore student, saw that the textbook classified homosexuality as a "common psychosexual disorder", and sued Jinan University Press and online book-buying platforms on the grounds that the textbook content was wrong and misleading. On September 2, 2020, after three years of judgment, the plaintiff's claim in the "homophobic textbook case" was dismissed. The judgment found that the reference to homosexuality as a psychological disorder in the textbook was not an "intellectual error" but an "epistemic difference".
The judgment found that the evidence for the assertion that the quality of the books was substandard was insufficient, and the plaintiff lost the lawsuit.
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The reason for the defeat was that there were no intellectual errors in the university's textbooks, but only cognitive differences.
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The plaintiff sued on the grounds that there was a quality problem in the textbook, but the judgment found that there was insufficient evidence of the quality of the book, so the plaintiff lost the lawsuit.
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If the plaintiff does not participate in the trial, the judge shall make an oral ruling on the defendant's counterclaim in a separate case, if written into the trial record.
A counterclaim refers to an independent counterclaim filed by the defendant in a civil lawsuit (referred to as the lawsuit in the procedural law) with the plaintiff as the defendant in a civil lawsuit that has already begun. This right is also an important embodiment of the principle of equal legal status of the parties, an important right enjoyed by the defendant in this lawsuit, and an important system to protect the civil rights and interests of the defendant in this lawsuit.
An oral ruling is a "written ruling" symmetrical. A ruling is made orally, one of the forms of ruling. In China, in the course of hearing a case, when a people's court makes a ruling on the litigation procedure or some substantive issues that has little impact on the case, it may use an oral ruling.
The usual practice is that after the trial division makes a ruling, the adjudicators will orally announce the content of the ruling and the conclusion of the disposition in court, and it is not necessary to make a written ruling, but it should be recorded in the record. Oral rulings generally take legal effect at the time of declaration and should be enforced.
In civil litigation, if the defendant makes a counterclaim, it is impossible to treat the plaintiff's refusal to appear in court without a legitimate reason as a withdrawal of the lawsuit, and according to article 143 of the Civil Procedure Law, if the plaintiff is summoned by summons and refuses to appear in court without a legitimate reason, or if the defendant withdraws from the court without the permission of the court, a judgment may be rendered in absentia. Therefore, the parties are requested to verify according to the actual situation and relevant legal provisions.
Article 143 of the Civil Procedure Law of the People's Republic of China stipulates that if the plaintiff is summoned by summons and refuses to appear in court without a legitimate reason, or leaves the court without the permission of the court, the lawsuit may be dismissed; Where the defendant counterclaims, a judgment may be rendered in absentia.
If you want to take the exam, use the exam book. If you want to focus on the basics, you should first contact the basic skills, and then learn the flute "Practical Teaching Materials for Performance" and "Chinese and Foreign Famous Songs" after the connection. When the foundation is solid, practice Kohler's portfolio (slowly developing in a professional direction). >>>More
The progress of education varies from province to province and from school to school, and the books you may learn are also different, but in my experience, there should be in general. >>>More
It is recommended that you look at the first and second levels and read the notes.
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In 2011, a new edition of the syllabus and examination book for Professional Engineering Management and Practice (Architectural Engineering) was released, and the specific content was adjusted accordingly. For specific information, you can take a look. Or go to the ring @ ball @ net @ school @ level 1 @ building @ construction @ teacher @ frequency @ road @ directly query the exam syllabus, you can find it. >>>More