The Opening Account Was Stolen, and the Backhand Recharged 1 Million

Chapter 437 Open your mind a little, he is still a child
Fang Haochuan is really confused now, what he just said just now turned into asking for money?

"No, Dad, then I didn't ask my second uncle for money. The main reason is that he doesn't take this matter seriously. Basically, he is sure to lose in a lawsuit. I advise him to pay others..."

Again, he was interrupted by his father before he finished speaking.

"Why are you sure to lose? Don't you study law? You can debate whether it is right or not."

Sometimes you have no way to explain your occupation to your parents and relatives.

computer?Come, come and help me fix my computer. If you can’t even fix a computer, you still have the nerve to say that you have learned computer?

Anyway, from the perspective of family members, if you study law, you can solve any legal problems they encounter.

"Dad, it's not a question of whether I should study law or not. It's a question of who sues. The lawyer on the plaintiff's side is my current master. As for Tengda's legal boss, what do you think I should do?"

After these words came out, the opposite father finally stopped talking.

In comparison, the future of the son is more important...

Putting down the phone, Fang Haochuan sighed. Even though this was his relative, he still felt speechless.

Just as he was about to get up and go out, a hand suddenly appeared on his shoulder. When he turned around, Wang Daoren was looking at him with joy.

"Teacher Wong?"

"The plaintiff's lawyer just now is a legal boss. What he said was good, and he will continue to work hard in the future, you know!"

Fang Haochuan nodded in a daze, then watched his master walk out of the office in style, humming a little song.

"I put on the lawyer's robe, picked up the case file backpack, and a bunch of laws flashed in my mind..."

This case is very special, because it is a problem between two minors, so the court must go to mediation.

The judge handling the case is still Li Xusheng, not because he is special, this is the case in the grassroots courts, which are too short of people.

If you catch a capable one, you will use it to death, and the capable one will work harder.

Fortunately, Li Xusheng's crazy overtime work from last year to this year is still useful, and he is about to be promoted.

Compared with places like "Two Offices" and "Organizational Departments", the political and legal system is really not easy to rise.

A little bit of overtime...

It was another sunny morning, and Wang Daoren took Yan Yumei and his wife to Guangming District Court.

It was in the second civil court that he encountered the first backstab, and he was in tears just thinking about it.

All the way into the court and went straight to the mediation room, the staff of the court kept saying hello on the way.

"Old Wang is here, hurry up, Judge Li has already gone."

"Old Wang is quite early, have you eaten yet?"

"Hey, you're here, old Wang. There won't be any problems this time, right?"

Wang Daoren replied one by one with a smile on his face. The Yan Yumei and his wife beside him really felt that the knife was pulling their ass, and their eyes were opened!
I didn't expect Lawyer Wang to be so powerful, so many people in the court knew him!

Wang Daoren looked at the couple and said nothing. Of course he would not say that he became the laughing stock of the political and legal system because of three violations in a row.

And it was all problems during the court trial, so everyone in the Guangming District Court knew about him...

But today is different, he Wang Daoren is now a legal boss!

After entering the mediation room, Li Xusheng was already sitting.

"Here comes Pharaoh, this is the party involved, hurry up and sit down."

After Wang Daoren and the others sat down, Li Xusheng continued: "How about it, what are your plans this time? After all, the problem is not too big."

"Judge Li, we are all acquaintances here, and I won't hide it from you. It's just what the appeal said. Lose money, stop the infringement, and apologize publicly!"

Li Xusheng shook his head and said: "I have contacted the other party, and I can agree to these demands."

"The key is that you, Old Wang, are aware of this kind of case. After the infringement is over, he may have similar behaviors again. What will we do then?"

This is also where some civil torts are troublesome in current practice.

In fact, Fang Dazhuang said that when Zhou Yi first sued his neighbor Xu Yufeng to stop the infringement, according to the judicial interpretation of the Supreme Court, if the infringement is ordered to stop and then the infringement is repeated, the crime of refusing to execute the judgment will not apply.

Instead, a new claim should be made on the grounds of another infringement, and a civil lawsuit should be carried out.

Of course, in actual cases where infringement is sued again, punitive damages may be awarded.

It sounds like a lot of people can't understand, but that's the actual regulation.

The criminal law is the bottom line, and if the infringement is ordered to stop, the other party has indeed stopped at that time, and you cannot say that he did not execute the judgment.

Specific to actual cases, for "continuous" and "repeated" infringements, generally speaking, the judgment at a certain time is only for the infringement at a specific moment.

However, for infringements that continue after this time point, or new infringements, they can be regarded as new facts.

This is a bit convoluted. In human terms, the court decision only cares about the current affairs, and it will not care about your future affairs.

That's why Zhou Yi sued Xu Yufeng to stop disturbing the people at that time. He could only care about the time, and there was nothing he could do if he continued to disturb the people later.

I can only sue again...

I won’t go into details here, it’s enough to write a law paper…

Yan Yumei and his wife were confused again, they could only look at Wang Daoren.

Wang Daoren also smiled wryly when he heard the words: "For the time being, this is the only way to do it. If it doesn't work in the future, then... let's look at other ways."

It's not that he can't help it, there are still some tricks, but there are risks.

It sounds like a good idea to let the child bring the money and wait for the other party to rob, and then say robbery, but what if the other party does not rob?

It is true that there are regulations now that the age of the eight major vicious crimes has been lowered, and criminal responsibility must be assumed between the ages of 14 and 16.

Robbing a piece is also robbery.

But...it's not easy to operate, and if you are not careful, you may lose it. Wang Daoren has played too many tricks before, so he is a little hesitant now.

At this moment, the door of the mediation room was pushed open, Fang Haodong walked in, and saw Yan Yumei and his wife at a glance.

"Are you really going to sue me? It's fine. Let's see if I'm afraid of you, and I'm going to the court just because of this crap, right?"

"What are you doing? Ah, if you want money, just say so!"

Fang Haodong yelled at Yan Yumei and his wife there, Li Xusheng frowned involuntarily.

He thought of the internet celebrity lawyer who had pissed him off before.

"Fang Haodong, please sit down quietly. This is a court after all. If you behave like this again, I will call the bailiff!"

These words were extremely harsh, Fang Haodong hesitated for a moment, but swallowed the rest of the scolding, and sat down obediently.

Only then did Li Xusheng nodded in satisfaction: "Okay, the mediation has started, Fang Haodong, the other party has already said just now that the conditions are the conditions on the complaint, what do you think?"

"Me? I didn't agree to any of it, and I even apologized for paying for it. Pooh, I haven't said that her daughter is abusive, now I'm going to beat her!" Fang Haodong shouted directly.

He was really not afraid. Before coming here, he found another lawyer through a twisted relationship, and the other party told him that it was fine.

The court will not support the other party with so much money. After all, you are a minor, so you have to be more discretionary. As for apologizing and stopping the infringement, don't worry about it.

So now Fang Haodong is not afraid on the one hand, but on the other hand he still feels that the other party is bluffing.

That lawyer can say that it is useless even if the judgment is to stop the infringement. This kind of lawsuit is just to scare people.

It's a fart of mediation. Li Xusheng may have tried too many Zhou Yi's cases in the past year or so, so he is not too enthusiastic about mediation with Si Ni.

He doesn't bother to say things like "forgive others and forgive others" or "take a step back".

If other judges are released, countless works may be required for mediation.

So seeing this, Li Xusheng said directly: "Then if the mediation fails, forget it, everyone go back and wait for the court session, let's go."

Fang Haodong took a look and got up to leave. For him, it was no longer a child's problem. It was an outsider provoking his locals!

The mediation was anticlimactic, and Wang Daoren could only take Yan Yumei and his wife away.

He didn't know how to tell the couple, could it be that even if they won this time, the other party might continue to bully others?
However, after returning to the company, I finally heard a piece of good news, Mr. Zhou finally came back after the waves.

I don't know why, but after hearing that Mr. Zhou came back, the whole company has a backbone.

Obviously he doesn't do anything every day...

Wang Daoren came to the chairman's office after thinking for a long time.

"That's the way it is, Mr. Zhou. There's no good solution for civil matters. I want to go criminal, but... I don't feel very good."

It's not that things are bad, it's that accidents are easy to happen.

A campus bullying case turned out like this?
Zhou Yi felt as if he had fallen into a dead end just as he had faced Xu Yufeng back then.

It's just that before, I used violence to control violence, so I have to do that this time?

Be careful when it comes to minors, or you might get in by yourself.

and so……

"Fang Dazhuang... I have a new case here, you may be interested, yes, about campus bullying, no, no, it hasn't reached the point where minors commit vicious crimes..."

After hanging up the phone, Zhou Yi wiped his sweat. It was really terrible. He felt that he was thinking like Fang Daxiang now.

Could it be that he was assimilated?

Of course, Zhou Yi didn't know that just after he hung up the phone, Fang Daxiang from the law firm took out his notebook again.

Turned to the front, carefully looked at some notes on it, and kept sketching.

Time flies by quickly when you are busy, and it is four o'clock in the afternoon in a blink of an eye.

It's still the same place, the same cup of coffee and the same vinegar.

After Fang Dazhuang drank the extra coffee with a face full of enjoyment, Zhou Yi finally couldn't wait to say: "Fang Dazhuang, you can talk now, what's the best way?"

Fang Dazhuang laughed and said, "This method is actually not a good method, because normal people definitely wouldn't do it."

"But it's very suitable for you. Although this is helping your employees with a lawsuit, I believe you will definitely not have a problem with money."

"Wang Daoren of yours has indeed reached his level now, but he didn't think carefully enough. Letting the child go out with money and then let the other party grab it sounds easy, but it's really taken for granted."

In other words, if the problem can be solved so simply, then campus bullying will not become a big problem.

Inducing minors to commit crimes, not to mention anything else, if this news alone gets out, it will be the rhythm of stepping on the sewing machine every minute, without any hesitation at all.

"That big shape, what do you think should be done?"

Fang Dazhuang said leisurely: "You have done pre-litigation property preservation before, but have you heard of behavioral preservation?"

Zhou Yi was stunned again by these words. If property can be preserved, can behavior also be preserved?
How do you keep it safe?
Behavior preservation sounds very similar to property preservation.

It's just that one is coercive on property, and the other is coercive on behavior.

Property preservation means that if no coercive measures are taken, the property may not be returned, and behavioral preservation is also a concept.

Failure to take coercive measures risks rendering the judgment unenforceable.

How to understand it, the simplest is to explain the law with cases.

Zhang San is a big boss, his wife is going to divorce him, and the child is already eight years old, so he must be breastfeeding.

Therefore, in the divorce judgment, the child is likely to be awarded to Zhang San, who has better financial conditions.

Zhang San's wife loved her children very much, so she thought, before the verdict came down, why not take the children abroad.

Zhang San saw that it was not good, so he applied to the court for behavior preservation to restrict his wife from leaving the country. After reviewing the case, the court made a ruling to restrict Zhang San's wife from leaving the country.

This type of hold is most commonly seen in the area of ​​intellectual property infringement.

After all, it often happens that your side sues the other side for infringement, and when you finish the sentence, the other side's affairs are also done.

Of course, like property preservation, you have to pay a deposit to apply for behavior preservation.

"Similarly, behavior preservation can also be used in adjacent relationships."

Zhou Yi recovered from his stupor, and quickly asked, "Then why didn't you say that when I was disturbed by that, that aunt upstairs?"

Fang Dazhuang said with a smile: "I didn't know you well at the time, who knew that you would spare no effort in the matter of authenticity."

There must be a security deposit for security, and if something goes wrong, the security deposit will be in vain.

"Then with this, that child can't bully others? What if the other party still bullies?" Zhou Yi asked again.

Fang Dazhuang heard the words and said: "This is the beauty of behavior preservation. Let me ask you, when is the judgment to stop infringement?"

He understood this, Wang Daoren said a lot when he went to report.

"It is an infringement at a specific moment, so if there is an infringement after the judgment, it will have to be sued again."

"Yes, but behavior preservation, it lasts for a period of time, do you understand what I mean, from the time when the court makes a ruling to the time when the judgment is issued, it is still in effect!" Fang Dazhuang said. Said in one sentence.

This is where the difference lies.

Zhou Yi suddenly realized that this is actually an alternative judgment, and it can also control the "future" in a sense.

"The duration of a civil case is not short. The first trial and the second trial can even apply for retrial. Then during this period, if the other party has similar behaviors, what do you think will happen?"

In Zhou Yi's mind, the crime that had been floating around for a long time finally became clear, the crime of refusing to execute the judgment.

Behavior preservation is also subject to adjudication...

"One more thing, because one of our opposing parties is a minor and a person with limited capacity for civil conduct, then who do you think this behavior preservation ruling is for?"

"Of course, the crime of refusal to carry out the crime must be serious. Maybe the first time is not counted, but what about the second or third time?"

"Even if the judgment takes effect, you can apply again if the other party commits another crime. Do you think it will accumulate to a serious level?"

"So I'm actually curious, why that lawyer Wang in your company always wants to let that student in. Under the current legal system, it's really not that easy to let a minor in!"

"Hey, I'm still a child after all..."

Fog grass... Zhou Yi has nothing to say, really nothing to say.

Anyway, the difference between a lawyer and a lawyer is sometimes greater than the difference between a man and a dog.

Although Fang Dazang was very keen on juvenile delinquency, he did not rush to use some unconventional means to solve the problem after he knew the problem.

From the beginning to the end, he solved the problem within the legal framework, rather than playing the dirty tricks of those lawyers.

Whether Fang Dazang understands the routines of those lawyers, Zhou Yi thinks that he must understand, and he knows more than Wang Daoren and the others.

But since getting to know each other, no matter what the circumstances, Fang Dazhuang seems to have nothing out of the ordinary.

Anyway, in other people's words, if you use money to lure others to rob, that is a method that normal people can think of.

Because of the current popularization of legal education, many people know that robbery is a felony, and those over the age of 14 have to bear criminal responsibility.

Those aged 12 to 14 can also bear criminal responsibility with the approval of the Supreme People's Procuratorate.

So Wang Daoren's method may not be effective.

But Fang Dazhuang... Anyway, Zhou Yi felt that, judging from the other party's situation, he definitely couldn't stop.

Because the father didn't care at all, and was always in a state of laissez-faire.

As long as he takes care of it, it will not cause the current situation.

Zhou Xinran, who was on the opposite side, was already stunned. She actually knew what Fang Dazhuang said.

But it just didn't connect.

In other words, no one would have thought that such a coquettish operation could be done.

This is why Fang Dazhuang said that only Zhou Yi can do it, because he can quickly apply for preservation and sue every time there is an infringement...

Sue within 20 days after the application for preservation is successful, that’s fine, wait until No.[-] nine days before suing...

Anyway, the longer it takes, the better it will be for this side.

For others, not to mention the matter itself, it is not necessarily possible to achieve every time the deposit is made, and every prosecution is not necessarily achieved.

It really takes time and leisure, and you have to have a professional lawyer to help you deal with it.

"I'll ask Wang Daoren to apply immediately, starting tomorrow!"

Soon, Wang Daoren, who was working overtime at the company, received a call from Zhou Yi.

"What? Behavioral security? But it makes sense... Hey, it does seem to make sense!"

　The third update is here, [-], there is one more chapter, it is estimated that it will be around four o'clock?Not sure, anyway, I will definitely finish writing before going to bed.

　　Brothers who want red envelopes, look at the previous words, Jiageng will definitely pass twelve o'clock...

　　
　
(End of this chapter)