If you buy fake goods online, you will buy 100 million more!

Chapter 226 Killing at the beginning!

Song Guangming sat on the judge's seat, glanced at it, and announced the opening of the court.

After going through some fixed procedures, such as the clerk reading out the court discipline and checking the identity of the persons present in court, etc.

Song Guangming asked both the plaintiff and the defendant if they were willing to mediate.

This is also a routine inquiry.

After all, this civil case is not the same as a criminal case. Generally speaking, the two parties can still mediate before the official court investigation begins.

But obviously, there is no possibility of mediation between the two parties in this case.

Then there is nothing to say, and we will go directly to the court investigation stage.

Luo Dazhang read out the indictment.

The content of the indictment is mainly divided into two parts. The first part is to describe the cause of the case, and point out the infringement and nature of the defendant, as well as the laws and regulations violated.

The second part is to file a lawsuit: return the product, apologize, and modify the rules!
Then began to present evidence and cross-examination.

Luo Dazhuang was the first to present the evidence: the box of napkins, consumption receipts, payment vouchers and invoices that were still intact.

In addition, there are menus, leaflets, and screenshots of the online ordering system of the Xiaohejia Avenue of Stars store.

All these evidences have been authenticated by the courts, and are guaranteed to be true and legal, and can be used as support to prove that the defendant (Xiaohejia) did infringe.

"Defendant, what objections do you have to the evidence?" Song Guangming asked.

Li Shu shook his head to dispel the uneasy feeling that was always lingering in his mind, and said in a deep voice: "We have no objection to the authenticity and legality of the evidence, but we have objections to the strength of the proof."

"These evidences can only prove that the plaintiff has dined in our store and paid for a box of napkins, but cannot directly prove the infringement stated in the plaintiff's complaint."

"Our Xiaohejia has always adhered to the customer-oriented service concept. Since its establishment more than ten years ago, it has been continuously improving the customer experience. How could it be possible to do such a self-defeating thing!"

Li Shu took a deep breath, then raised his hand and said, "Your Excellency, the defendant requests evidence."

"agree."

then.

Li Shu presented the evidence.

It is some data reports of the company, including: comparison of paper towel consumption before and after implementing napkin charging, napkin quality inspection report, customer satisfaction survey report, etc.

"Plaintiff, what objections do you have to the evidence?" Song Guangming asked while looking at the plaintiff's seat.

Luo Dazhuang said indifferently: "I have no objection to the authenticity and legality, but I have objection to the connection. The evidence cited by the defendant has no direct relationship with this case."

After the proof and cross-examination is over, the next step is the focus of the trial—the court debate!
Luo Dazhuang took the lead in launching an offensive against the "right to choose freely".

"According to the evidence, it can be seen that the defendant's major stores provided napkins for a fee, but did not explain it anywhere, and the waiters would not take the initiative to inform consumers."

"That is to say, consumers have almost no way to know that the napkins they use are charged before they check out. It is in this situation that they have no choice but to use napkins passively."

"I think Xiaohejia's behavior has seriously violated our party's right to choose independently as a consumer!"

The right to choose independently is not difficult to understand from the literal meaning.

Choose choice, you have to have choice to exercise this right?
But Xiaohejia didn't give consumers a chance to choose at all, and directly assumed that you had accepted the paid use of napkins.

This is not a violation of the right to self-choice.

Luo Dazhuang's simple words went straight to the point.

But Li Shu had no choice but to bite the bullet and defend.

"We have no subjective intention to infringe on consumers' rights and interests. The reason why it is not reflected in the menu is because we focus on improving consumers' experience and immersion, and want consumers to focus more on the dishes. This enhances the dining experience…”

"According to relevant judicial interpretations, consumers' right to choose independently does not preclude operators from introducing and recommending products to consumers. Whether our menus or leaflets, the essence is a kind of 'introduction' and 'recommendation'. ’, which is not infringing.”

"And if the consumer asks actively, every clerk in every branch of our Xiaohejia will tell the truth, and there is no deliberate deception."

"Therefore, for the plaintiff's claim that we have violated the right of independent choice, I mistakenly believe that this does not exist."

As soon as Li Shu finished speaking, Luo Dazhuang shook his head with a sneer and said, "The defendant's lawyer is obviously avoiding the important and taking the light of the matter, secretly changing the concept!"

"The judicial interpretation does mention that operators can introduce and recommend products, but Xiaohejia's actions don't stop there!"

"The premise of introducing and recommending is that the operator displays the products or services provided, and then selects a part of them to introduce and recommend emphatically. However, Xiaohejia has not displayed the napkin charges anywhere, and has not given consumers any information at all. A chance to make your own choice."

"I would like to ask the representative of the other party, is it possible to openly infringe on the rights and interests of consumers under the banner of considering consumers?"

Luo Dazhang stared at the other party and questioned.

"No, how can this be said? The right to choose independently does allow operators to make introductions and recommendations. We just..."

Before Li Shu finished speaking, Luo Dazhuang interrupted him with a sentence.

"Stop talking, this law doesn't mean what you said."

Li Shu frowned suddenly, feeling displeased.

Although you are recognized as a big player in the industry, I am not a novice. How can I get this basic legal interpretation wrong?

Thinking of this, Li Shu said with anger: "Lawyer Luo, that's how the judicial interpretation is written, and I think I..."

The result was interrupted again.

"Do you understand or not?"

Luo Dazhuang pushed the glasses frame, looked at Li Shu with a look of contempt, and said calmly: "I participated in the drafting of this law, let me explain to you what it means..."

Fog grass!

Jiang Bai's eyes lit up immediately.

Translation translation, what is a surprise, what is a blast!

Translation translation, what is riding a horse called a horse riding surprise!

What is called a horse-riding explosive kill!

You put your mouth there for a long time and talk about it for a long time, but... the author who drafted the law came forward to explain it.

Jiang Bai doesn't know how to read minds, so he doesn't know what the opposing lawyer is thinking at the moment, but he can clearly see that when Luo Dazhuang waved his hand, the other party's eyes became a little dull, and he probably doubted life. .

After Luo Dazhang explained the relevant laws and regulations in a simple way, he spread his hands and concluded: "In summary, the Xiaohe family has indeed violated the right of independent choice of our client."

"Defendant, do you have anything else to say about the right to choose independently?"

Song Guangming was worthy of being an experienced old judge. Although he was shocked, he soon came back to his senses, looked at the defendant's seat and asked in a deep voice.

who am I?
where am I?
What am I going to do?
Li Shuren was dumbfounded, and sat blankly in his seat, completely ignoring Song Guangming's words.

"Director Li! Director Li!"

Han Bing gritted his teeth and shouted twice, and Li Shu finally came back to his senses.

"Huh? No, there's nothing to say."

Li Shu shook his head blankly.

So far, the debate on the "right to choose independently" has come to an end, and the focus of the debate between the two parties will be on the "right to fair trade".

It was still Luo Dazhuang who spoke first: "On X of this month, our party ate at the Xiaohejia Xingguang Avenue store. From the beginning to the end, we did not ask the merchant to provide napkins, nor did we use the box that the merchant put on the dining table. paper napkin."

"After the meal, our party found that there was an extra item of napkin in the bill, and the charge was two yuan."

"Our party refused to pay for this, but the restaurant side used the head office regulations as an excuse to force our party to pay the bill, completely ignoring the wishes of consumers."

"As a consumer, you have the right to decide for yourself what services to accept, what services not to accept, what goods to buy, and what goods not to buy, but the defendant forced our client to buy napkins!"

"In my opinion, the defendant's behavior has violated our party's right to fair trade as a consumer!"

After finishing speaking, Luo Dazhuang looked at the other two with a smile.

Li Shu has completely lost his rhythm.

As a lawyer, facing a strong opponent and a case with little chance of winning, there is already a lot of psychological pressure.

This is good, the opponent is not only strong, but also frankly participated in the drafting of relevant laws and regulations.

What does this amount to.

You are dressed in civilian clothes, you just left Novice Village, and the strongest weapon in your hand was given by the first charge event.

But the opponent is at the top of the combat power list, covered in divine attire, the dazzling light almost blinds your titanium alloy dog ​​eyes.

More importantly, the other party is not only a magic costume, but also a GM account.

What's the matter?

"Director Li, speak up, quickly refute him!"

Seeing that Li Shu hadn't spoken for a long time, Han Bing hurriedly lowered his voice and urged.

Li Shu gritted his teeth, secretly groaning inwardly.

How do you fight this battle, sister...

But it is obviously impossible not to speak. Li Shu forced himself to organize his words and said, "We didn't mean to infringe consumers' fair trade rights..."

As soon as he said this, he realized that he had said the wrong thing.

He quickly changed his mind.

But it is already late.

"Oh, it seems that the defendant's lawyer also admitted that Xiaohe's family has violated consumers' fair trade rights?"

Luo Dazhang laughed immediately.

"This... I didn't mean that, I just wanted to say, I..." Li Shu's expression changed suddenly.

He hurried back to make up for it.

But it's useless to find compensation for the words that are said and the water that is poured out.

Li Shu could only make mistakes and change the angle: "It was completely unintentional on our side..."

"Unintentional?"

Luo Dazhang sneered and asked, "Then I would like to ask the defendant's lawyer, has your company clearly issued such a regulation? And as the person in charge of Xiaohejia's legal department, do you know that this practice violates the rights and interests of consumers?" ?”

Hearing these two questions, Li Shu immediately felt something was wrong.

It seems that the other party has dug a hole and waited for him to jump into it.

But the problem is, he knows that he knows, but he can't change anything.

After all, it is now the stage of court investigation, and it is not easy to refuse to answer such a question, so I can only vaguely say: "This matter involves the company's operation level, I am actually not very clear..."

"Oh, you don't know."

"Tsk tsk tsk, as the company's legal affairs officer, and also in charge of the legal affairs of this case, I don't know anything about the situation of this case."

"I have to doubt your professionalism and your attitude towards your work. If a lawyer in my law firm behaves like this, I will definitely fire him."

Hearing these yin and yang words, Li Shu suddenly felt hardened.

Oh, don't get me wrong, it's the hard fist.

He really wanted to rush up and have a real fight with Luo Dazhuang, so that he could feel the hardness of his iron fist.

This is so irritating.

Talk about the case and talk about the case, why is there a personal attack?
Li Shu was so angry that he took a deep breath and was about to turn back.

As a result, Luo Dazhuang turned his eyes, looked at Han Bing, and said, "Ms. Han, you are the manager of the public relations department of Xiaohe's family. I believe you will not be as unprofessional as legal affairs. So, you should be able to answer my questions." Bar?"

Li Shu's heart skipped a beat, and he quickly wanted to remind Han Bing not to talk nonsense.

The result is too late.

Han Bing stared at Kazilan's beautiful eyes, and said confidently: "The company does have such regulations, but it is also to save costs and protect the environment."

"Elementary school students know that everyone is responsible for protecting the environment. As a company full of social responsibility, Xiaohejia naturally has the responsibility and obligation to contribute to environmental protection."

"From the evidence we have just listed, it is obvious that since the napkin fee was charged, the phenomenon of paper waste has indeed been greatly improved."

"This move will benefit the present and benefit the future!"

These words were spoken impassionedly and with cadence.

But it is a pity that this is a court debate, and it is about the law. It does not mean that you can maintain an advantage by seizing the moral high ground.

As long as it is untenable in terms of laws and regulations, you are saying that you have broken the sky, which is also wrong.

Han Bing obviously didn't understand this.

She thought her words could impress the judge.

But Li Shu beside him sighed helplessly, his shoulders collapsed.

The situation, which was already not optimistic, became even worse.

How to fight this lawsuit?
Luo Dazhuang shook his head and said, "Okay, thank you for answering my question."

"The statement made by the defendant just now conveys two meanings. First, Xiaohejia's head office has indeed formulated regulations on bundling sales of napkins; Of."

"Xiaohejia knew that such behavior would infringe on the rights and interests of consumers, but they never thought about amending or canceling the relevant regulations. Instead, they took a very tough attitude. Faced with the doubts raised by consumers, anyway, it is the company's regulations to keep their mouths shut. Those who don’t know think that Xiaohejia’s company regulations are bigger than the law, hehe…”

This is a bit embarrassing.

But Li Shu was speechless.

(End of this chapter)