The beginning was serious, and the opposite side was scared by me and called the police!
Chapter 166 Tell You, My Nephew Is a Barrister
Chapter 166 Tell You, My Nephew Is a Barrister
Her words.
In an instant, the nine car owners including Qin Mu were detonated, breaking the defense again.
"broken car?"
Qin Mu and other nine people stared at Bai Shuirong coldly, they were already on the verge of eruption.
They are in the same neighborhood.
Live in a building.
On weekdays.
I once heard that there was a spoiled grandson on the 28th floor.
It's fine to play football and press the elevator at ordinary times.
Now directly divide their car like this.
The most exasperating thing is Bai Shuirong's attitude.
After the incident, Ju Huan blamed them for not being tolerant.
How tolerant is this?
If you dare to respect the old and love the young, you will suffer in vain?
"If you don't lose money today, don't even think about leaving!"
"You can't rely on the money for the repair, we won't blackmail you, but what you should pay, you can't lose a penny!"
"Broken car? The full price of my car is 60. You tell me it's a broken car?"
"What's wrong with the child? If the child made a mistake, shouldn't he have to pay? I've lived so long, this is the first time I've heard that a child can be lawless!"
"..."
The crowd looked unfriendly and surrounded Bai Shuirong.
The atmosphere suddenly became tense.
"and many more!"
He Bimin swallowed, and quickly stood between the two sides.
Become a peacemaker.
Looking at Qin Mu and the other nine, he persuaded them: "Everyone, don't be in a hurry, we are all neighbors, so we can discuss things if we have something to say, so don't get excited."
however……
Bai Shuirong didn't appreciate it, and snorted coldly: "I have nothing to discuss with them! Let them get out of the way, it's past ten o'clock, I'm going home to sleep!"
Done.
She went straight through, planning to leave the property center.
There is absolutely no idea of cooperating with compensation.
It was her grandson who damaged things. She heard people say that children have no civil capacity.
Even if any damage is caused, the child does not need to pay compensation.
She came this time...
The main reason is to look at the face of the property and neighbors, intending to pay several thousand as a symbolic compensation.
But the other party asked for seven to eight million yuan!
She will never be taken advantage of by this.
"Step aside!"
Seeing that there were still people blocking him, Bai Shuirong scolded with a sullen face.
Arrogant attitude.
It doesn't look like the wrong side at all.
"If you don't lose money today, don't leave!"
One of the car owners also got angry and stood in front of Bai Shuirong.
Don't give in.
"you dare!"
Bai Shuirong was furious and insisted on leaving.
The two sides were about to fight.
Seeing this, He Bimin stood between the two of them again.
Continue to bite the bullet and persuade: "Everyone, don't get excited, we are all neighbors, keep a front line in life, so we can meet each other in the future."
"They didn't say they won't lose money. When the details of the repair report come out, they will definitely pay for what should be paid..."
But he didn't finish his sentence.
She was interrupted by Bai Shuirong: "Shut up!"
"What do you pay for? Although my grandson did this, he is still just a child and doesn't understand anything!"
"In terms of law, he doesn't even have civil liability, and he doesn't have to lose money at all!"
"Instead, it is your property. We have paid the property fee every month. You are obliged to protect the life and property safety of each of our owners!"
"But what's the result?"
"My grandson went into the basement to play, but you didn't notice it, and you didn't stop him from making such a mistake. You are the ones who should pay for it!"
"This matter is entirely your property's responsibility. If you want to lose money, you can find him!"
Bai Shuirong opened her mouth and came, spitting anger at He Bimin.
Spray He Bimin in a daze.
He stood still.
His face was livid with anger.
I couldn't understand Bai Shuirong's logic at all.
Dare to feel that her grandson made a mistake...
Blame it on their property?
The 80 million yuan, should their property be compensated?
"Looking for...property?"
The other damaged car owners were also shocked by Bai Shuirong's astonishing logic, and didn't react for a while.
And take this opportunity.
Bai Shuirong snorted coldly.
Detoured directly, left the property center, and walked away.
Only the bewildered crowd remained.
"This... this... Mr. Qin, you have also seen it. It's not that our property management doesn't do anything, it's that she is so unreasonable."
After half an hour.
He Bimin came back to his senses and looked at Qin Mu.
With a wry smile.
Helpless face.
At the same time, there is a bit of worry.
Worried that Qin Mu would get angry with their property in a fit of anger.
The corner of Qin Mu's mouth twitched.
Consolation: "Don't worry too much, although the property management company does have to bear some responsibilities, but you have performed well during this period, so you don't have to take too much responsibility."
"What? Are we really responsible?"
He Bimin was frightened again after hearing Qin Mu's words.
Even the other eight car owners looked at Qin Mu one after another.
Showed a puzzled look.
Qin Mu nodded, and patiently explained: "Of course you are responsible. According to the "Civil Code" and "Property Law", the responsible agency in the place where the loss occurred needs to bear a certain no-fault liability."
in civil law.
There is a controversial provision, that is, the management agency of the site needs to assume the responsibility and obligation to protect personal safety, life and property safety.
As long as an accident or injury occurs in the area under its responsibility, the responsible agency needs to assume no-fault liability.
Even if this fault has nothing to do with them.
They also need to bear certain responsibilities and make corresponding compensation.
For example...
Someone fell in a public toilet in a shopping mall, resulting in a broken bone, and the medical expenses were [-].
Under the Civil Code, he can sue the mall for medical expenses.
If it can be proved that the management of the shopping mall is lacking and the floor of the public toilet is not regularly cleaned and anti-slip, the shopping mall may bear at least 50% of the tort liability.
If the mall is well managed...
The floor of the public toilet is not slippery, and the fall is caused by itself, and the shopping mall should also bear 10% of the tort liability.
A compensation of 1 yuan is required.
The rest is the responsibility of the faller.
And the property during this time...
Well-managed and dedicated.
There was no obvious lack of management such as carelessness.
therefore.
For this behavior, up to 10% of the tort liability needs to be borne.
"10% responsibility?"
He Bimin swallowed, suddenly feeling extremely lucky.
If it wasn't for the thorny appearance of Qin Mu...
It is estimated that their property is still the same as before, dealing with it indiscriminately and perfunctorily.
The responsibility that needs to be borne is definitely more than 10%.
"Brother, you know the law so well, so tell me, now that the family doesn't lose money, what should we do? Should we call the police?"
The eight damaged car owners next to them also expressed their knowledge, and asked again.
Bai Shuirong's attitude made them very angry.
Obviously his car was damaged.
In the end, it became their problem instead.
The other party kept saying that the child had no capacity for civil liability, and made it clear that he did not want to lose money.
"Children under the age of 8 are indeed incapable of civil liability."
Qin Mu thought for a while, and then said: "It is true that children do not need to lose money, but it does not mean that their guardians do not need to lose money."
in law.
Those under the age of 8 are considered as persons without capacity for civil liability.
Those who are over 8 years old and under 18 years old belong to persons with limited capacity for civil liability.
Those under the age of 12 shall be regarded as persons without criminal responsibility capacity.
People over the age of 12 and under the age of 14 are persons with limited capacity for criminal responsibility.
People over the age of 14 are also subject to criminal responsibility for certain crimes.
only……
Because he is a minor, the punishment should be reduced according to law.
Therefore, the death penalty, the statutory maximum penalty, does not apply to minors.
That is, minors, no matter what fault they commit, can only be sentenced to life imprisonment.
And in civil liability...
Those who are under 8 years old do not need to bear any tort liability.
According to the provisions of the "Civil Code", if minors of this age commit a crime and cause losses to the victim, they shall be liable for compensation. If their property is insufficient for compensation, their parents and other guardians shall make up the compensation.
As far as this case is concerned.
The behavior of the other party constituted a criminal offense.
Destroying other people's public and private property, if the amount is huge, will constitute the crime of destroying property.
Their property was damaged, and the total amount reached hundreds of thousands.
Completely constitutes the filing standard.
only……
Because the subject of the crime is 6 years old, there is no need to bear criminal responsibility.
Civil liability will also be transferred to supervisors such as their parents.
"The other party has to bear at least 9% of the tort liability. If they don't pay...the police are actually useless. The most effective thing is to go to court."
Subsequently.
Qin Mu then analyzed it again.
The subject of the crime is a minor.
If you call the police...
Nor does it constitute a condition for filing a case.
The people from the police station came over to coordinate the dispute at most.
But Bai Shuirong's attitude was very clear, and she didn't intend to lose money at all.
Mediation is useless.
the best method……
Just sue the other party directly.
"Sue?"
The eight looked at each other.
Can't help but smiled wryly: "But none of us understand the prosecution process."
They don't know anything about this.
He Bimin at the side couldn't help but glance at Qin Mu when he heard the words.
The corners of his mouth twitched slightly.
In Jincheng, there is probably no one who understands the prosecution process better than Qin Mu.
"It's okay, I know a thing or two."
Qin Mu smiled.
He began to explain to everyone the method of rights protection in this case.
Encountering something that cannot be filed criminally...
Calling the police is just a detour.
Just be direct, sue to the court, and let the court's judgment speak for itself.
If the other party refuses to execute the court judgment, it may constitute a criminal offense of refusal to execute.
In terms of administrative punishment, it will be added to the list of dishonest persons.
For dishonest people, it is forbidden to take high-end transportation such as airplanes and high-speed rails, to sit on soft sleepers, to stay in star-rated hotels, to buy houses, to buy cars, to prohibit children from attending private schools, etc...
"Everyone first write out their respective indictments and litigation requirements, and sort out the evidence. We will go to the court tomorrow morning."
At last.
Qin Mu added the contact information of the eight people and sent them a template of the indictment.
Informed of filling requirements.
Their case...
A joint action involving multiple plaintiffs will be brought together in one case for trial.
But everyone's lawsuit request must be clearly written.
There are also photos of the vehicle being scratched, repair details and other evidence.
These are all necessary for the trial.
"Can you still claim for mental damages, lost work and so on?"
After listening to Qin Mu's explanation, the eight people showed surprise again.
"Yes, on the basis of car damage, each person can ask for an additional 2 yuan in compensation."
Qin Mu nodded.
Civil lawsuits.
It is not too much to ask the other party to pay for mental damage, loss of work, nutrition, etc.
is within the scope of the law.
That is to say...
The other party disagreed, and had to bear an additional compensation of about 20 yuan!
After losing the case, they will have to bear the legal costs of the nine of them.
Add back and forth.
It is no longer something that can be solved with seven to eight million!
property center.
He Bimin stood beside Qin Mu and the others, watching Qin Mu's guidance the whole time.
My heart was full of shock.
Looking at Qin Mu's eyes, he became even more fearful.
Those who know the law...
It's terrifying.
It wasn't long before the accident happened.
Qin Mu began to lead the car owners to collect evidence, prepare to sue, and even calculated the amount of compensation.
Bai Shuirong won't pay for her cheating, on the contrary, she will pay more and more!
……
10 buildings.
2801.
After returning from the property center, Bai Shuirong returned home.
"Mom, how's the situation?"
A young couple hurried forward and asked about the situation.
They had to go to work on weekdays, and Bai Shuirong always took the children with them.
Come back from get off work this time.
Hearing that his son got into an accident and rowed nine cars in a row, he was terrified.
After receiving the call from the property...
It was Bai Shuirong who took the initiative to go to the property center to communicate.
Bai Shuirong snorted coldly.
Obviously still angry.
Briefly explain what happened in the property center.
"What? Seven to eight million yuan in compensation?"
When the husband and wife heard the words, they suddenly lost their strength.
Slumped on the sofa.
"He's still young, just a six-year-old child, and he didn't do it on purpose. He doesn't have to be responsible for this matter. It's fine."
But Bai Shuirong waved his hands with an indifferent attitude.
"He doesn't have to be responsible, and he can't afford to pay, but we have to lose money."
The couple looked at each other.
His face was so ugly that he was about to cry.
"What are you panicking about?!"
Bai Shuirong was full of disdain, and said in a cold voice: "It's unreasonable for them to open their mouths like a lion. We just don't pay, what can they do?"
By comparison.
Instead, she was much calmer and didn't take this matter to heart at all.
She thought very simply.
If the other party asks for thousands of dollars, she can also consider compensation.
But the other lion opened his mouth wide.
Directly ask for hundreds of thousands.
That would be too much.
If she doesn't give them, the other party can't do anything about them.
"Okay, don't worry about it. How big can a child's trouble be?"
At last.
Bai Shuirong waved her hand and directly exposed the topic.
……
The next day.
nine in the morning.
Qin Mu took a leave of absence and did not go to the nursing home.
Go to the court with eight other car owners.
After entering the court.
Qin Mu was familiar with the road, and brought eight people to the filing center.
File the indictment.
In the indictment, everyone has written their claims.
Qin Mu roughly added it.
A total of 109 million compensation.
among them.
With his own efforts, he damaged more than 20 yuan.
"Then just wait for the notification of the approval of filing the case and the notification of the hearing."
After submitting, Qin Mu explained to the other eight car owners.
"Then... don't we need to hire a lawyer?"
One of the car owners couldn't help asking.
Qin Mu was stunned for a moment.
Suddenly remembered something, his expression lightened slightly: "Of course I want to!"
this case...
He is a party.
Even if you haven't obtained a lawyer's license, you can still participate in the lawsuit.
Judging from the current situation, litigation for civil claims is almost a win-win situation.
but……
If you hire a lawyer, once you win the case, you are eligible to apply to the court to require the losing party to pay the lawyer's fees.
Generally speaking.
Attorney fees are paid to each.
But as long as the lawsuit is successful, certain high attorney fees can be required to be paid by the losing party.
Take this case for example.
This rowing case is a civil property dispute lawsuit.
Lawyer fees are very high.
For property disputes of less than 10 yuan, 5000 yuan in legal fees shall be paid.
From 10 yuan to 50 yuan, the commission is 4.2%.
From 50 yuan to 100 yuan, the commission is 4%.
From 100 yuan to 500 yuan, the commission is 3%.
From 500 yuan to 1000 yuan, the commission is 2%.
Put it all together.
Hire a lawyer and spend an additional [-] in legal fees.
Since the other party does not agree to pay the money privately...
Then simply let them pay enough!
In addition to car damage.
The legal fees of the nine people, plus legal fees, plus mental damage...
Slowly add up.
It is definitely not a small amount!
Subsequently.
Qin Mu called Wang Dahammer and explained what happened to him.
"Are you... sure you don't want to defend yourself?"
Wang Dachui was also shocked when he heard this.
This is tantamount to giving him money for nothing.
A civil lawsuit that is almost guaranteed to win, the order is [-]!
Much more than his girlfriend earns from opening a criminal law firm.
"I don't mean anything else, I just want the other party to pay more."
Qin Mu nodded, telling the truth.
Wang Dachui: "...Then I will be disrespectful."
At last.
He took over Qin Mu's case.
A lawsuit that can be won by pigs is also a civil field that he is good at, so he can't let it go for nothing.
……
in the afternoon.
Qin Mu drove the new car of "Landscape Painting" to the 4S shop.
I found the female salesperson who had received me before.
"You...you...what's wrong with your car?"
The saleswoman was startled when she saw the car's miserable condition.
Pick up the car the first day.
It was sent back the next day. She had never encountered such a thing in sales for so many years.
The corner of Qin Mu's mouth twitched.
Talk about the bear boy rowing the car again.
After hearing this, the saleswoman let out a long sigh of relief.
Seeing Qin Mu approaching the door again...
She almost thought that Qin Mu was looking for trouble.
"Fix this car for me."
Qin Mu directly explained the purpose of coming.
The saleswoman nodded quickly, not daring to neglect her.
Immediately contacted the after-sales maintenance department and asked someone to drive the car to the repair workshop.
After the after-sales department inspected it, they replied: "The body is seriously damaged. Some components may have to be transferred from the headquarters, and the car will not be available until a week later."
Qin Mu nodded.
A week is actually pretty fast.
Simultaneously.
He also asked the people in the after-sales department to give a list of repair parts.
The car body was damaged and it was obviously not cost-effective to repair.
Just replace the whole body.
He wanted this list so that he could have clear evidence of the exact damage he had suffered when the court was held.
……
Day three.
Shanshui Garden District.
10 Building 2801.
Bai Shuirong took her grandson at home as usual.
Seeing his grandson jumping around at home, he couldn't help showing a doting smile.
No consideration was given to the feelings of the residents downstairs.
"Those nine car owners also made a lot of noise and little rain. They bullied an honest person. Fortunately, I was not intimidated by them at the time."
Bai Shuirong recalled what had happened in the past few days, and couldn't help but snorted coldly.
Her grandson is only six years old.
I only rowed the car because I was greedy for fun.
Of course not.
But this group of people didn't have the generosity they should have.
She kept blaming her grandson and made her grandson lose money.
Fortunately, she fought hard, so she didn't take advantage of this.
Let alone 80 million, if it exceeds [-], she won't give a cent!
as predicted.
All day yesterday, none of these people came to make trouble.
The owner group is also peaceful.
No one said anything about rowing.
It seems that they also know the loss, and they are embarrassed to ask for compensation.
however……
in the afternoon.
The postal staff sent a courier to the door, and asked Zhang He to sign for it.
Zhang He, that is, her son.
The father of her grandson.
But because her son is at work, she is an immediate family member, so she can sign on her behalf.
"What express is this?"
With doubt and curiosity.
She opened the courier with the designated signee.
But found...
Inside the express, there are mainly two documents.
A summons, a copy of the complaint.
The summons was stamped with the seal of the Jincheng Basic Court.
It is clearly stated: her grandson deliberately damages other people's property, resulting in civil disputes, the legal guardian Zhang He will participate in the civil lawsuit.
As for the plaintiff...
The names of nine people are clearly written on it.
The column of litigation requests...
They are required to compensate for car damage, mental damage, lost work, etc., a total of 109 million!
In the description of the incident, all the responsibilities are attributed to their improper teaching and ineffective supervision of the children.
The court date is scheduled for three days later!
"This... isn't it about 80 million? Why did it suddenly become 109 million?"
Bai Shuirong swallowed, and suddenly panicked.
The other party didn't come to make trouble all day yesterday.
She thought the other party had given up.
did not expect……
On the third day, she received a summons from the court!
The lawsuit demands are even more outrageous, and the price has actually increased to 109 million!
thought here.
He took out his mobile phone and accused Qin Mu and others in the owner group.
"We're all neighbors. I don't see people looking up when I look down. Is it necessary to make things so extreme?"
"The 80 million that was agreed the day before yesterday increased to 109 million in just two days. You guys are really going to take this opportunity to blackmail!"
"A child, if you make such a small mistake, you just hold on to it!"
"Did you not have childhood? Didn't you make mistakes when you were young?"
"109 million, thanks to the export you want!"
"Let me tell you, don't think that you will win if you sue us to court. My eldest nephew is a famous barrister in Jincheng, and his name is Zhang Wei!"
"It's impossible to lose a lawsuit with you people!"
With a cavity of anger and anger.
She vented wildly in the owner group, constantly swiping the screen.
Even though she was summoned by the court, she did not show any remorse or apology.
Always felt she was right.
----------
ps: Sorry, I wrote this chapter a little late today.
At present, one chapter has been paid, and eight chapters are still owed.
However, according to what everyone said, nine times out and thirteen times out, it would be considered twelve chapters.
Watch the fish and then return.
(End of this chapter)
Her words.
In an instant, the nine car owners including Qin Mu were detonated, breaking the defense again.
"broken car?"
Qin Mu and other nine people stared at Bai Shuirong coldly, they were already on the verge of eruption.
They are in the same neighborhood.
Live in a building.
On weekdays.
I once heard that there was a spoiled grandson on the 28th floor.
It's fine to play football and press the elevator at ordinary times.
Now directly divide their car like this.
The most exasperating thing is Bai Shuirong's attitude.
After the incident, Ju Huan blamed them for not being tolerant.
How tolerant is this?
If you dare to respect the old and love the young, you will suffer in vain?
"If you don't lose money today, don't even think about leaving!"
"You can't rely on the money for the repair, we won't blackmail you, but what you should pay, you can't lose a penny!"
"Broken car? The full price of my car is 60. You tell me it's a broken car?"
"What's wrong with the child? If the child made a mistake, shouldn't he have to pay? I've lived so long, this is the first time I've heard that a child can be lawless!"
"..."
The crowd looked unfriendly and surrounded Bai Shuirong.
The atmosphere suddenly became tense.
"and many more!"
He Bimin swallowed, and quickly stood between the two sides.
Become a peacemaker.
Looking at Qin Mu and the other nine, he persuaded them: "Everyone, don't be in a hurry, we are all neighbors, so we can discuss things if we have something to say, so don't get excited."
however……
Bai Shuirong didn't appreciate it, and snorted coldly: "I have nothing to discuss with them! Let them get out of the way, it's past ten o'clock, I'm going home to sleep!"
Done.
She went straight through, planning to leave the property center.
There is absolutely no idea of cooperating with compensation.
It was her grandson who damaged things. She heard people say that children have no civil capacity.
Even if any damage is caused, the child does not need to pay compensation.
She came this time...
The main reason is to look at the face of the property and neighbors, intending to pay several thousand as a symbolic compensation.
But the other party asked for seven to eight million yuan!
She will never be taken advantage of by this.
"Step aside!"
Seeing that there were still people blocking him, Bai Shuirong scolded with a sullen face.
Arrogant attitude.
It doesn't look like the wrong side at all.
"If you don't lose money today, don't leave!"
One of the car owners also got angry and stood in front of Bai Shuirong.
Don't give in.
"you dare!"
Bai Shuirong was furious and insisted on leaving.
The two sides were about to fight.
Seeing this, He Bimin stood between the two of them again.
Continue to bite the bullet and persuade: "Everyone, don't get excited, we are all neighbors, keep a front line in life, so we can meet each other in the future."
"They didn't say they won't lose money. When the details of the repair report come out, they will definitely pay for what should be paid..."
But he didn't finish his sentence.
She was interrupted by Bai Shuirong: "Shut up!"
"What do you pay for? Although my grandson did this, he is still just a child and doesn't understand anything!"
"In terms of law, he doesn't even have civil liability, and he doesn't have to lose money at all!"
"Instead, it is your property. We have paid the property fee every month. You are obliged to protect the life and property safety of each of our owners!"
"But what's the result?"
"My grandson went into the basement to play, but you didn't notice it, and you didn't stop him from making such a mistake. You are the ones who should pay for it!"
"This matter is entirely your property's responsibility. If you want to lose money, you can find him!"
Bai Shuirong opened her mouth and came, spitting anger at He Bimin.
Spray He Bimin in a daze.
He stood still.
His face was livid with anger.
I couldn't understand Bai Shuirong's logic at all.
Dare to feel that her grandson made a mistake...
Blame it on their property?
The 80 million yuan, should their property be compensated?
"Looking for...property?"
The other damaged car owners were also shocked by Bai Shuirong's astonishing logic, and didn't react for a while.
And take this opportunity.
Bai Shuirong snorted coldly.
Detoured directly, left the property center, and walked away.
Only the bewildered crowd remained.
"This... this... Mr. Qin, you have also seen it. It's not that our property management doesn't do anything, it's that she is so unreasonable."
After half an hour.
He Bimin came back to his senses and looked at Qin Mu.
With a wry smile.
Helpless face.
At the same time, there is a bit of worry.
Worried that Qin Mu would get angry with their property in a fit of anger.
The corner of Qin Mu's mouth twitched.
Consolation: "Don't worry too much, although the property management company does have to bear some responsibilities, but you have performed well during this period, so you don't have to take too much responsibility."
"What? Are we really responsible?"
He Bimin was frightened again after hearing Qin Mu's words.
Even the other eight car owners looked at Qin Mu one after another.
Showed a puzzled look.
Qin Mu nodded, and patiently explained: "Of course you are responsible. According to the "Civil Code" and "Property Law", the responsible agency in the place where the loss occurred needs to bear a certain no-fault liability."
in civil law.
There is a controversial provision, that is, the management agency of the site needs to assume the responsibility and obligation to protect personal safety, life and property safety.
As long as an accident or injury occurs in the area under its responsibility, the responsible agency needs to assume no-fault liability.
Even if this fault has nothing to do with them.
They also need to bear certain responsibilities and make corresponding compensation.
For example...
Someone fell in a public toilet in a shopping mall, resulting in a broken bone, and the medical expenses were [-].
Under the Civil Code, he can sue the mall for medical expenses.
If it can be proved that the management of the shopping mall is lacking and the floor of the public toilet is not regularly cleaned and anti-slip, the shopping mall may bear at least 50% of the tort liability.
If the mall is well managed...
The floor of the public toilet is not slippery, and the fall is caused by itself, and the shopping mall should also bear 10% of the tort liability.
A compensation of 1 yuan is required.
The rest is the responsibility of the faller.
And the property during this time...
Well-managed and dedicated.
There was no obvious lack of management such as carelessness.
therefore.
For this behavior, up to 10% of the tort liability needs to be borne.
"10% responsibility?"
He Bimin swallowed, suddenly feeling extremely lucky.
If it wasn't for the thorny appearance of Qin Mu...
It is estimated that their property is still the same as before, dealing with it indiscriminately and perfunctorily.
The responsibility that needs to be borne is definitely more than 10%.
"Brother, you know the law so well, so tell me, now that the family doesn't lose money, what should we do? Should we call the police?"
The eight damaged car owners next to them also expressed their knowledge, and asked again.
Bai Shuirong's attitude made them very angry.
Obviously his car was damaged.
In the end, it became their problem instead.
The other party kept saying that the child had no capacity for civil liability, and made it clear that he did not want to lose money.
"Children under the age of 8 are indeed incapable of civil liability."
Qin Mu thought for a while, and then said: "It is true that children do not need to lose money, but it does not mean that their guardians do not need to lose money."
in law.
Those under the age of 8 are considered as persons without capacity for civil liability.
Those who are over 8 years old and under 18 years old belong to persons with limited capacity for civil liability.
Those under the age of 12 shall be regarded as persons without criminal responsibility capacity.
People over the age of 12 and under the age of 14 are persons with limited capacity for criminal responsibility.
People over the age of 14 are also subject to criminal responsibility for certain crimes.
only……
Because he is a minor, the punishment should be reduced according to law.
Therefore, the death penalty, the statutory maximum penalty, does not apply to minors.
That is, minors, no matter what fault they commit, can only be sentenced to life imprisonment.
And in civil liability...
Those who are under 8 years old do not need to bear any tort liability.
According to the provisions of the "Civil Code", if minors of this age commit a crime and cause losses to the victim, they shall be liable for compensation. If their property is insufficient for compensation, their parents and other guardians shall make up the compensation.
As far as this case is concerned.
The behavior of the other party constituted a criminal offense.
Destroying other people's public and private property, if the amount is huge, will constitute the crime of destroying property.
Their property was damaged, and the total amount reached hundreds of thousands.
Completely constitutes the filing standard.
only……
Because the subject of the crime is 6 years old, there is no need to bear criminal responsibility.
Civil liability will also be transferred to supervisors such as their parents.
"The other party has to bear at least 9% of the tort liability. If they don't pay...the police are actually useless. The most effective thing is to go to court."
Subsequently.
Qin Mu then analyzed it again.
The subject of the crime is a minor.
If you call the police...
Nor does it constitute a condition for filing a case.
The people from the police station came over to coordinate the dispute at most.
But Bai Shuirong's attitude was very clear, and she didn't intend to lose money at all.
Mediation is useless.
the best method……
Just sue the other party directly.
"Sue?"
The eight looked at each other.
Can't help but smiled wryly: "But none of us understand the prosecution process."
They don't know anything about this.
He Bimin at the side couldn't help but glance at Qin Mu when he heard the words.
The corners of his mouth twitched slightly.
In Jincheng, there is probably no one who understands the prosecution process better than Qin Mu.
"It's okay, I know a thing or two."
Qin Mu smiled.
He began to explain to everyone the method of rights protection in this case.
Encountering something that cannot be filed criminally...
Calling the police is just a detour.
Just be direct, sue to the court, and let the court's judgment speak for itself.
If the other party refuses to execute the court judgment, it may constitute a criminal offense of refusal to execute.
In terms of administrative punishment, it will be added to the list of dishonest persons.
For dishonest people, it is forbidden to take high-end transportation such as airplanes and high-speed rails, to sit on soft sleepers, to stay in star-rated hotels, to buy houses, to buy cars, to prohibit children from attending private schools, etc...
"Everyone first write out their respective indictments and litigation requirements, and sort out the evidence. We will go to the court tomorrow morning."
At last.
Qin Mu added the contact information of the eight people and sent them a template of the indictment.
Informed of filling requirements.
Their case...
A joint action involving multiple plaintiffs will be brought together in one case for trial.
But everyone's lawsuit request must be clearly written.
There are also photos of the vehicle being scratched, repair details and other evidence.
These are all necessary for the trial.
"Can you still claim for mental damages, lost work and so on?"
After listening to Qin Mu's explanation, the eight people showed surprise again.
"Yes, on the basis of car damage, each person can ask for an additional 2 yuan in compensation."
Qin Mu nodded.
Civil lawsuits.
It is not too much to ask the other party to pay for mental damage, loss of work, nutrition, etc.
is within the scope of the law.
That is to say...
The other party disagreed, and had to bear an additional compensation of about 20 yuan!
After losing the case, they will have to bear the legal costs of the nine of them.
Add back and forth.
It is no longer something that can be solved with seven to eight million!
property center.
He Bimin stood beside Qin Mu and the others, watching Qin Mu's guidance the whole time.
My heart was full of shock.
Looking at Qin Mu's eyes, he became even more fearful.
Those who know the law...
It's terrifying.
It wasn't long before the accident happened.
Qin Mu began to lead the car owners to collect evidence, prepare to sue, and even calculated the amount of compensation.
Bai Shuirong won't pay for her cheating, on the contrary, she will pay more and more!
……
10 buildings.
2801.
After returning from the property center, Bai Shuirong returned home.
"Mom, how's the situation?"
A young couple hurried forward and asked about the situation.
They had to go to work on weekdays, and Bai Shuirong always took the children with them.
Come back from get off work this time.
Hearing that his son got into an accident and rowed nine cars in a row, he was terrified.
After receiving the call from the property...
It was Bai Shuirong who took the initiative to go to the property center to communicate.
Bai Shuirong snorted coldly.
Obviously still angry.
Briefly explain what happened in the property center.
"What? Seven to eight million yuan in compensation?"
When the husband and wife heard the words, they suddenly lost their strength.
Slumped on the sofa.
"He's still young, just a six-year-old child, and he didn't do it on purpose. He doesn't have to be responsible for this matter. It's fine."
But Bai Shuirong waved his hands with an indifferent attitude.
"He doesn't have to be responsible, and he can't afford to pay, but we have to lose money."
The couple looked at each other.
His face was so ugly that he was about to cry.
"What are you panicking about?!"
Bai Shuirong was full of disdain, and said in a cold voice: "It's unreasonable for them to open their mouths like a lion. We just don't pay, what can they do?"
By comparison.
Instead, she was much calmer and didn't take this matter to heart at all.
She thought very simply.
If the other party asks for thousands of dollars, she can also consider compensation.
But the other lion opened his mouth wide.
Directly ask for hundreds of thousands.
That would be too much.
If she doesn't give them, the other party can't do anything about them.
"Okay, don't worry about it. How big can a child's trouble be?"
At last.
Bai Shuirong waved her hand and directly exposed the topic.
……
The next day.
nine in the morning.
Qin Mu took a leave of absence and did not go to the nursing home.
Go to the court with eight other car owners.
After entering the court.
Qin Mu was familiar with the road, and brought eight people to the filing center.
File the indictment.
In the indictment, everyone has written their claims.
Qin Mu roughly added it.
A total of 109 million compensation.
among them.
With his own efforts, he damaged more than 20 yuan.
"Then just wait for the notification of the approval of filing the case and the notification of the hearing."
After submitting, Qin Mu explained to the other eight car owners.
"Then... don't we need to hire a lawyer?"
One of the car owners couldn't help asking.
Qin Mu was stunned for a moment.
Suddenly remembered something, his expression lightened slightly: "Of course I want to!"
this case...
He is a party.
Even if you haven't obtained a lawyer's license, you can still participate in the lawsuit.
Judging from the current situation, litigation for civil claims is almost a win-win situation.
but……
If you hire a lawyer, once you win the case, you are eligible to apply to the court to require the losing party to pay the lawyer's fees.
Generally speaking.
Attorney fees are paid to each.
But as long as the lawsuit is successful, certain high attorney fees can be required to be paid by the losing party.
Take this case for example.
This rowing case is a civil property dispute lawsuit.
Lawyer fees are very high.
For property disputes of less than 10 yuan, 5000 yuan in legal fees shall be paid.
From 10 yuan to 50 yuan, the commission is 4.2%.
From 50 yuan to 100 yuan, the commission is 4%.
From 100 yuan to 500 yuan, the commission is 3%.
From 500 yuan to 1000 yuan, the commission is 2%.
Put it all together.
Hire a lawyer and spend an additional [-] in legal fees.
Since the other party does not agree to pay the money privately...
Then simply let them pay enough!
In addition to car damage.
The legal fees of the nine people, plus legal fees, plus mental damage...
Slowly add up.
It is definitely not a small amount!
Subsequently.
Qin Mu called Wang Dahammer and explained what happened to him.
"Are you... sure you don't want to defend yourself?"
Wang Dachui was also shocked when he heard this.
This is tantamount to giving him money for nothing.
A civil lawsuit that is almost guaranteed to win, the order is [-]!
Much more than his girlfriend earns from opening a criminal law firm.
"I don't mean anything else, I just want the other party to pay more."
Qin Mu nodded, telling the truth.
Wang Dachui: "...Then I will be disrespectful."
At last.
He took over Qin Mu's case.
A lawsuit that can be won by pigs is also a civil field that he is good at, so he can't let it go for nothing.
……
in the afternoon.
Qin Mu drove the new car of "Landscape Painting" to the 4S shop.
I found the female salesperson who had received me before.
"You...you...what's wrong with your car?"
The saleswoman was startled when she saw the car's miserable condition.
Pick up the car the first day.
It was sent back the next day. She had never encountered such a thing in sales for so many years.
The corner of Qin Mu's mouth twitched.
Talk about the bear boy rowing the car again.
After hearing this, the saleswoman let out a long sigh of relief.
Seeing Qin Mu approaching the door again...
She almost thought that Qin Mu was looking for trouble.
"Fix this car for me."
Qin Mu directly explained the purpose of coming.
The saleswoman nodded quickly, not daring to neglect her.
Immediately contacted the after-sales maintenance department and asked someone to drive the car to the repair workshop.
After the after-sales department inspected it, they replied: "The body is seriously damaged. Some components may have to be transferred from the headquarters, and the car will not be available until a week later."
Qin Mu nodded.
A week is actually pretty fast.
Simultaneously.
He also asked the people in the after-sales department to give a list of repair parts.
The car body was damaged and it was obviously not cost-effective to repair.
Just replace the whole body.
He wanted this list so that he could have clear evidence of the exact damage he had suffered when the court was held.
……
Day three.
Shanshui Garden District.
10 Building 2801.
Bai Shuirong took her grandson at home as usual.
Seeing his grandson jumping around at home, he couldn't help showing a doting smile.
No consideration was given to the feelings of the residents downstairs.
"Those nine car owners also made a lot of noise and little rain. They bullied an honest person. Fortunately, I was not intimidated by them at the time."
Bai Shuirong recalled what had happened in the past few days, and couldn't help but snorted coldly.
Her grandson is only six years old.
I only rowed the car because I was greedy for fun.
Of course not.
But this group of people didn't have the generosity they should have.
She kept blaming her grandson and made her grandson lose money.
Fortunately, she fought hard, so she didn't take advantage of this.
Let alone 80 million, if it exceeds [-], she won't give a cent!
as predicted.
All day yesterday, none of these people came to make trouble.
The owner group is also peaceful.
No one said anything about rowing.
It seems that they also know the loss, and they are embarrassed to ask for compensation.
however……
in the afternoon.
The postal staff sent a courier to the door, and asked Zhang He to sign for it.
Zhang He, that is, her son.
The father of her grandson.
But because her son is at work, she is an immediate family member, so she can sign on her behalf.
"What express is this?"
With doubt and curiosity.
She opened the courier with the designated signee.
But found...
Inside the express, there are mainly two documents.
A summons, a copy of the complaint.
The summons was stamped with the seal of the Jincheng Basic Court.
It is clearly stated: her grandson deliberately damages other people's property, resulting in civil disputes, the legal guardian Zhang He will participate in the civil lawsuit.
As for the plaintiff...
The names of nine people are clearly written on it.
The column of litigation requests...
They are required to compensate for car damage, mental damage, lost work, etc., a total of 109 million!
In the description of the incident, all the responsibilities are attributed to their improper teaching and ineffective supervision of the children.
The court date is scheduled for three days later!
"This... isn't it about 80 million? Why did it suddenly become 109 million?"
Bai Shuirong swallowed, and suddenly panicked.
The other party didn't come to make trouble all day yesterday.
She thought the other party had given up.
did not expect……
On the third day, she received a summons from the court!
The lawsuit demands are even more outrageous, and the price has actually increased to 109 million!
thought here.
He took out his mobile phone and accused Qin Mu and others in the owner group.
"We're all neighbors. I don't see people looking up when I look down. Is it necessary to make things so extreme?"
"The 80 million that was agreed the day before yesterday increased to 109 million in just two days. You guys are really going to take this opportunity to blackmail!"
"A child, if you make such a small mistake, you just hold on to it!"
"Did you not have childhood? Didn't you make mistakes when you were young?"
"109 million, thanks to the export you want!"
"Let me tell you, don't think that you will win if you sue us to court. My eldest nephew is a famous barrister in Jincheng, and his name is Zhang Wei!"
"It's impossible to lose a lawsuit with you people!"
With a cavity of anger and anger.
She vented wildly in the owner group, constantly swiping the screen.
Even though she was summoned by the court, she did not show any remorse or apology.
Always felt she was right.
----------
ps: Sorry, I wrote this chapter a little late today.
At present, one chapter has been paid, and eight chapters are still owed.
However, according to what everyone said, nine times out and thirteen times out, it would be considered twelve chapters.
Watch the fish and then return.
(End of this chapter)
You'll Also Like
-
Plunder life and carve out an invincible path
Chapter 413 23 hours ago -
Star Dome Railway: I am developing a Star Dome Railway mobile game in my company
Chapter 333 23 hours ago -
Unlimited learning of spiritual powers, I will suppress the end of the world
Chapter 214 23 hours ago -
I'm shooting anime in another world
Chapter 324 1 days ago -
Great Sword Master
Chapter 1901 1 days ago -
The hidden demon king, the empress brought her child to ask for responsibility
Chapter 675 1 days ago -
Being too ferocious because of caution
Chapter 873 1 days ago -
Mysterious World Tour
Chapter 510 1 days ago -
Reborn Wild Boar: What's wrong with eating a few single people?
Chapter 138 1 days ago -
Lurking in Konoha, part-time Hokage
Chapter 149 1 days ago