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recently, many videos have been circulated online, in which a parent called a teacher to give him a gift, and the man was filmed taking the gift away.

the video shows that a parent called the teacher and said that he had placed the teacher's day gift at the fruit shop at the entrance of the community and asked the teacher to pick it up. the teacher responded, "i'm sorry you are so polite." judging from the voice, it was a female teacher who answered the phone, and the parent replied, "it's okay, it's okay."

another video shows a man taking two bags of gifts and putting them in a private car. the parents said the gifts included wuliangye and high-end cosmetics. some netizens questioned that the parent recorded the phone call, filmed it on the spot, and made the video public in a coherent manner, which seemed to be a setup, giving rise to a new internet term "set-up" gift-giving. some netizens also speculated that it might have been done by the teacher's colleagues.

according to jimu news, on september 12, a staff member of the international department of hefei no. 6 middle school said that they had received instructions from the hefei municipal education bureau to investigate the matter. the investigation is still ongoing and the results of the investigation need to be released by the authority. another staff member of hefei no. 6 middle school said in an interview that the teacher's acceptance of gifts was true.

a relevant staff member of the hefei municipal education bureau said that a special person has been sent to investigate and verify the matter. "this is the teacher's personal behavior. she should have refused. she must have refused. the matter is being verified."

on september 14, a reporter from xiaoxiang morning news called the hefei municipal education bureau office phone number several times to inquire about the progress of the investigation, but was told that the call was busy or no one answered.

regarding the new internet term "set-up" gift giving in the above incident, chen pingfan, a legal expert of the national "double thousand plan" and director of furong law firm, interpreted it: "set-up" gift giving and public recordings and videos violated the personality rights of the teacher involved. chen pingfan said that considering the motives, means and possible consequences of the gift giver, the gift giver's behavior may even be suspected of violating the law and committing a crime.

1. does “set-up” gift-giving and public recordings and videos infringe teachers’ rights?

it constitutes infringement, especially infringement of personality rights, including reputation rights and privacy rights. as citizens, teachers enjoy personality rights granted by law. the "set-up" gift-givers filmed and made public recordings and videos, and their unauthorized release or dissemination may damage the reputation of teachers or infringe on their privacy, constituting an infringement on teachers' personality rights.

according to the civil code and other relevant laws and regulations, the infringer must bear corresponding civil liability, including stopping the infringement, eliminating the impact, restoring reputation, apologizing and compensating for losses.

2. do the gift givers in a “set-up” gift-giving incident constitute a violation of the law or a crime?

"set-up" gift giving itself does not directly constitute a violation of the law or a crime.however, the motives, means and possible consequences behind it may involve illegality or crime.

1. motives and means: if the purpose of gift-giving is to frame a teacher or for other improper purposes, then the motive is illegal. using illegal means to obtain evidence (such as secretly taking photos or recording videos) may also constitute a violation of the law or even a crime.

2. possible crimes:

blackmail:if a gift is given and then used as a threat to demand that the teacher perform a certain action or provide certain benefits, it may constitute the crime of extortion.

bribery: although "set-up" gift giving itself does not directly constitute bribery or corruption,however, if the two parties actually engage in power-for-money transactions and meet the elements of bribery, it may constitute a crime.of course, in this case, the teacher passively accepted the gift rather than actively soliciting for a bribe, so whether the teacher has committed the crime of bribery requires specific analysis.

if the "set-up" gift-giving behavior violates the criminal law, the relevant perpetrators will face criminal liability.

xiaoxiang morning news reporter zeng yonghong cao wei