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Back民眾黨主席黃國昌遭張景森提告敗訴,張景森表示將上訴
民眾黨主席黃國昌遭張景森提告敗訴,張景森表示將上訴
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自由时报yesterdayLaw3 min readChinaView translation

民眾黨主席黃國昌遭張景森提告敗訴,張景森表示將上訴

張景森控告黃國昌影射官商勾結求償300萬,台北地院一審判黃國昌免賠

Quick Look

行政院前政務委員張景森控告民眾黨主席黃國昌影射其涉及官商勾結並求償300萬元,台北地院一審判決黃國昌免賠。張景森對此表示不服,強調將提起上訴,並批評黃國昌的言論與司法態度。

AI-generated summary

Why It Matters

張景森不滿黃國昌多次指涉其在任內推動農電共生政策時,與聯合再生能源公司關係密切,涉及官商勾結。

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民眾黨主席黃國昌遭行政院前政務委員張景森提告,案件一審結果出爐,張景森敗訴。黃國昌則表示,自己完全不想浪費時間,從頭到尾都沒有出庭,法院還是重重打了張景森的臉。對此,張景森今(4)日在臉書回擊,黃國昌在爽什麼?法院認為不用負民事賠償責任,也不等於法院認證每句話都是真的,一審判敗訴,自己接受司法程序,一定會上訴,這場官司到目前為止,黃國昌親自做了一次非常經典的小人嘴臉示範。

張景森不滿席黃國昌多次指涉,他在任內推動農電共生政策時,與聯合再生能源公司關係密切,甚至影射涉及官商勾結、介入政府標案,提訟求償300萬元。台北地院認定,黃國昌所涉言論內容與公共事務及能源政策有關,且主要陳述並非全然無據或顯然不實,判張景森敗訴。

張景森表示,自己告黃國昌,一審法院判他免賠。他高興得不得了,說心裡只有一個「爽」字,甚至迫不及待地把一審結果包裝成:他過去的指控全部「都有所本」。

張景森表示,問題是,大家都還沒有收到判決,連判決書都還沒看,黃國昌就已經把想像中的判決理由,當成法院認證。黃國昌再一次證明,他最擅長的不是「查證」,而是「放話」。

張景森說,更可笑的是,黃國昌還特別強調,他從頭到尾都沒有出庭,講得好像根本不屑答辯,隨隨便便就贏了官司。事實上,他提出了好幾份書狀,長篇大論地答辯。光看那些書狀,說他「嚇得要死」也不為過。沒出庭,不等於沒答辯,更不代表他根本沒把這場官司當一回事。

張景森直言,黃國昌以前是教法律的,他當然知道一個最基本的法律常識:「法院判決不用負損害賠償責任」,和「法院認證黃國昌講的全部都是事實」,完全是兩回事。

張景森說,黃國昌身為立法委員,在立法院質詢時公開點名自己的名字,和綠能投資、飯局、「官商分際」,以及「慷納稅人之慨,建立自己的政商關係」等說法扯在一起。這些指控根本不是事實,所以自己才告黃國昌。

張景森說,但是民意代表在國會有言論免責權,法院對國會言論本來就有高度保障;另一方面,基於保障言論自由,公眾人物面對批評時,法律上通常也必須承受較大的言論空間。所以,即使法院最後認為黃國昌不用負民事賠償責任,也不當然等於法院認證他講的每一句話都是真的。

張景森批評,真正荒謬的,是黃國昌對司法的態度。他攻擊別人,叫做揭弊;別人反擊,叫做迫害。他告別人,是伸張正義;別人告他,就是濫訴。判決對他有利,就是司法公正;判決對他不利,就是政治介入。這不是什麼法律原則,只是一套以黃國昌自己為中心的雙重標準。

張景森說,不過這場官司到目前為止,倒已經讓大家看到一件比一審輸贏更有意思的事情:一個人得意的時候,最容易露出真正的小人嘴臉。如果以前不知道什麼叫做「小人嘴臉」,這一次倒要感謝黃國昌。他親自做了一次非常經典的小人嘴臉之示範。

What to Watch

AI outlook — possibilities, not facts

  • 張景森將向高等法院提起上訴。

    Very likely · Within weeks

Open Questions

  • 二審法院是否會維持原判?
  • 判決書中對於言論免責權的具體論述為何?

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