Lawyer
Chapter 211
Chapter 211
"Before the court session, the plaintiff applied to the court to obtain the registration records of this mobile phone number. Now I will show it to both of you for cross-examination." The round-faced male judge said, and asked the clerk to give the obtained materials to the plaintiff and defendant respectively. .
"We agree with the evidence obtained." Fang Yi glanced at the registration records obtained and smiled.
Zhao Yuejiao looked at the materials in her hand, feeling a little silly.
"Defendant, according to the materials we obtained from the communication company, this mobile phone number was registered with your own ID card. Is this mobile phone number yours?" The round-faced male judge looked playful.
"I... I lost my ID card. It should be someone else who used my ID card to register." Zhao Yuejiao used her brain to come up with such an answer.
"Do you have evidence of the loss of your ID card? When did you lose it? Submit additional evidence in court. If you don't submit it, you will bear the legal consequences of not being able to prove it." The round-faced male judge said coldly.
"Judge, why do you only ask me, why don't you ask them, the plaintiff tricked people into doing beauty treatments, the technology is not good, the craftsmanship is not good, and the spots on my face have not been done five or six times, why don't you ask?" Zhao Yuejiao Said exasperatedly.
"Defendant, let me explain to you that this case is about the dispute over the infringement of the right of reputation that the plaintiff told you. If you think that the plaintiff has defrauded you, you can sue separately, which is not within the scope of this case. I understand. Right." The round-faced male judge explained.
"Understood!" Just now Zhao Yuejiao was a little anxious and jumped over the wall. After calming down, although she was angry in her heart, there was nothing she could do.
"Plaintiff, what is the basis for the amount of compensation you claim? Is there any evidence?" The round-faced male judge turned to look at Fang Yi.
"There is no evidence, but the defendant's false statements in the owner group did cause some damage to the plaintiff's reputation and lowered the plaintiff's social evaluation." Fang Yidao.
Fang Yi has inquired that Sun Yuanyuan's beauty salon is not very well-known in the county. Although the decoration is quite good, the technology is not flattering, so usually there are not many customers. Basically, the customers are mainly acquaintances. Zhao Yuejiao's remarks How much harm it can do to Sun Yuanyuan and her Liangmei beauty salon, I am afraid there are only a handful of them, at best it will make the situation worse.Fang Yi really couldn't produce any evidence to quantify the amount of loss.
……
"Now for the final statement, the plaintiff will make the final statement." The round-faced male judge said.
"...the plaintiff believes that WeChat groups composed of unspecified related parties have the attribute of public space, and citizens posting insulting, slandering, slandering or derogatory remarks in such WeChat groups constitutes a reputation infringement and should bear legal responsibility in accordance with the law.
According to Article [-] of the General Principles of the Civil Law of the People's Republic of China, citizens and legal persons enjoy the right to reputation, and the personal dignity of citizens is protected by law. It is forbidden to damage the reputation of citizens and legal persons by means of insult and slander.
Article 120 stipulates that citizens whose rights to name, portrait, reputation, and honor have been infringed shall have the right to demand the cessation of the infringement, restore their reputation, eliminate the influence, make an apology, and demand compensation for losses.Where a legal person's right to name, reputation, or honor is infringed, the provisions of the preceding paragraph shall apply.
As for the economic losses caused by the violation of the right of reputation of Liangmei Beauty Salon, although Liangmei Beauty Salon could not provide relevant evidence, nor could it prove the actual amount of economic losses, but Liangmei Beauty Salon carried out business activities at the bottom store at the gate of Wanyue Community.
The defendant’s inappropriate remarks in the community’s owner’s WeChat group will inevitably have a negative impact on the operation of Liangmei Beauty Salon. Therefore, for the request of Liangmei Beauty Salon, the court is requested to comprehensively consider the defendant’s degree of fault, the content of the infringement, and the resulting Factors such as the impact of the infringement, the duration of the infringement, and the actual business conditions of the beauty salon should be supported.Sun Yuanyuan's mental damage compensation should also be determined based on the above factors.
Now the plaintiff Sun Yuanyuan and Liangmei Beauty Salon request the defendant Zhao Yuejiao to claim an apology, compensation for losses and mental damage relief based on the violation of the right of reputation, which is in line with the above legal provisions, and the court is requested to support it in accordance with the law.complete. "Fang Yi said.
……
After Fang Yi walked into Zhengyi Law Firm, he was immediately called into the office by Director Sun.
"What? I'm not allowed to represent my relatives in this village for free? That one says that free representation is not allowed?" After listening to Sun Zhengyi's complaint, Fang Yi felt puzzled and depressed. .
"Don't worry! It's not that the Lawyers Association asked us to discuss this matter tomorrow. I think it shouldn't be a big problem if we explain everything clearly.
Complaining about our unfair competition is indeed a bit of nonsense.But people from the Bar Association also said that they need to go through the motions. After all, someone has complained, and they have to deal with it.Don't worry!
In addition, I invite people to dinner at night, and then I ask about this matter. I always feel that this matter is not simple. If you want to say that there is no fee or only a small labor fee for a lawsuit for your relatives and friends, basically the law firm Yes, no one has complained for so many years, but you have been complained, I think there is something strange about it. " Sun Zhengyi touched his chin and thought.
"Well, I think so. I don't have a court tomorrow, so I'll go to the Lawyers Association with you." Fang Yi calmed down and thought for a while.
"Have you heard?" Chu Huai walked up to Zhao Zhongzhong mysteriously when he was about to leave work, and bumped him with his shoulder and said.
"What did you hear?" Zhao Zhongcheng cast a sideways glance at Chu Huai impatiently.
There have been a lot of cases recently, and everyone is busy going around. Zhao Zhongcheng's mood has improved a lot. At least he doesn't have to be jealous of others taking more cases and earning more commissions.
This is how people are. When everyone is making money, no one will be jealous of others for three melons and two dates. Once the business is reduced and the distribution is uneven, some people earn more and some earn less. Gossip is flying all over the sky, and the air is filled with the smell of vinegar. This is called "not worrying about scarcity but inequality".
"Our law firm and Fang Yi have been complained about. This afternoon, I heard from a buddy who works in the Lawyers Association." Chu Huai gloated.
"Complained? Because of what? Is the case messed up, or did you not do anything after collecting the money?" Zhao Zhongzhong was startled, and then asked.
"No, it's because Lawyer Fang represented a case for free and was complained of unfair competition. It was originally caused by Lawyer Fang, but it was a pity that our law firm was involved." Chu Huai said with a half-smile.
"Represent the case for free? Not so much. Lawyers are not stupid. If ordinary clients want to represent for free, Director Sun will not agree. I don't think it's that simple." Zhao Zhongcheng said with his eyes rolled.
"I don't know exactly what happened, but according to gossip, there is a high probability that Fang Yi will be punished this time. If he is punished, the reputation of the law firm will also be affected. I guess Mr. Sun will ask him for a statement.
Old Zhao, when the time comes, you will be the backbone of our law firm. With me running the case outside and you sitting at home to take the case, let us combine two swords, and we will definitely break out a world. "Chu Huai laughed.
(End of this chapter)
"Before the court session, the plaintiff applied to the court to obtain the registration records of this mobile phone number. Now I will show it to both of you for cross-examination." The round-faced male judge said, and asked the clerk to give the obtained materials to the plaintiff and defendant respectively. .
"We agree with the evidence obtained." Fang Yi glanced at the registration records obtained and smiled.
Zhao Yuejiao looked at the materials in her hand, feeling a little silly.
"Defendant, according to the materials we obtained from the communication company, this mobile phone number was registered with your own ID card. Is this mobile phone number yours?" The round-faced male judge looked playful.
"I... I lost my ID card. It should be someone else who used my ID card to register." Zhao Yuejiao used her brain to come up with such an answer.
"Do you have evidence of the loss of your ID card? When did you lose it? Submit additional evidence in court. If you don't submit it, you will bear the legal consequences of not being able to prove it." The round-faced male judge said coldly.
"Judge, why do you only ask me, why don't you ask them, the plaintiff tricked people into doing beauty treatments, the technology is not good, the craftsmanship is not good, and the spots on my face have not been done five or six times, why don't you ask?" Zhao Yuejiao Said exasperatedly.
"Defendant, let me explain to you that this case is about the dispute over the infringement of the right of reputation that the plaintiff told you. If you think that the plaintiff has defrauded you, you can sue separately, which is not within the scope of this case. I understand. Right." The round-faced male judge explained.
"Understood!" Just now Zhao Yuejiao was a little anxious and jumped over the wall. After calming down, although she was angry in her heart, there was nothing she could do.
"Plaintiff, what is the basis for the amount of compensation you claim? Is there any evidence?" The round-faced male judge turned to look at Fang Yi.
"There is no evidence, but the defendant's false statements in the owner group did cause some damage to the plaintiff's reputation and lowered the plaintiff's social evaluation." Fang Yidao.
Fang Yi has inquired that Sun Yuanyuan's beauty salon is not very well-known in the county. Although the decoration is quite good, the technology is not flattering, so usually there are not many customers. Basically, the customers are mainly acquaintances. Zhao Yuejiao's remarks How much harm it can do to Sun Yuanyuan and her Liangmei beauty salon, I am afraid there are only a handful of them, at best it will make the situation worse.Fang Yi really couldn't produce any evidence to quantify the amount of loss.
……
"Now for the final statement, the plaintiff will make the final statement." The round-faced male judge said.
"...the plaintiff believes that WeChat groups composed of unspecified related parties have the attribute of public space, and citizens posting insulting, slandering, slandering or derogatory remarks in such WeChat groups constitutes a reputation infringement and should bear legal responsibility in accordance with the law.
According to Article [-] of the General Principles of the Civil Law of the People's Republic of China, citizens and legal persons enjoy the right to reputation, and the personal dignity of citizens is protected by law. It is forbidden to damage the reputation of citizens and legal persons by means of insult and slander.
Article 120 stipulates that citizens whose rights to name, portrait, reputation, and honor have been infringed shall have the right to demand the cessation of the infringement, restore their reputation, eliminate the influence, make an apology, and demand compensation for losses.Where a legal person's right to name, reputation, or honor is infringed, the provisions of the preceding paragraph shall apply.
As for the economic losses caused by the violation of the right of reputation of Liangmei Beauty Salon, although Liangmei Beauty Salon could not provide relevant evidence, nor could it prove the actual amount of economic losses, but Liangmei Beauty Salon carried out business activities at the bottom store at the gate of Wanyue Community.
The defendant’s inappropriate remarks in the community’s owner’s WeChat group will inevitably have a negative impact on the operation of Liangmei Beauty Salon. Therefore, for the request of Liangmei Beauty Salon, the court is requested to comprehensively consider the defendant’s degree of fault, the content of the infringement, and the resulting Factors such as the impact of the infringement, the duration of the infringement, and the actual business conditions of the beauty salon should be supported.Sun Yuanyuan's mental damage compensation should also be determined based on the above factors.
Now the plaintiff Sun Yuanyuan and Liangmei Beauty Salon request the defendant Zhao Yuejiao to claim an apology, compensation for losses and mental damage relief based on the violation of the right of reputation, which is in line with the above legal provisions, and the court is requested to support it in accordance with the law.complete. "Fang Yi said.
……
After Fang Yi walked into Zhengyi Law Firm, he was immediately called into the office by Director Sun.
"What? I'm not allowed to represent my relatives in this village for free? That one says that free representation is not allowed?" After listening to Sun Zhengyi's complaint, Fang Yi felt puzzled and depressed. .
"Don't worry! It's not that the Lawyers Association asked us to discuss this matter tomorrow. I think it shouldn't be a big problem if we explain everything clearly.
Complaining about our unfair competition is indeed a bit of nonsense.But people from the Bar Association also said that they need to go through the motions. After all, someone has complained, and they have to deal with it.Don't worry!
In addition, I invite people to dinner at night, and then I ask about this matter. I always feel that this matter is not simple. If you want to say that there is no fee or only a small labor fee for a lawsuit for your relatives and friends, basically the law firm Yes, no one has complained for so many years, but you have been complained, I think there is something strange about it. " Sun Zhengyi touched his chin and thought.
"Well, I think so. I don't have a court tomorrow, so I'll go to the Lawyers Association with you." Fang Yi calmed down and thought for a while.
"Have you heard?" Chu Huai walked up to Zhao Zhongzhong mysteriously when he was about to leave work, and bumped him with his shoulder and said.
"What did you hear?" Zhao Zhongcheng cast a sideways glance at Chu Huai impatiently.
There have been a lot of cases recently, and everyone is busy going around. Zhao Zhongcheng's mood has improved a lot. At least he doesn't have to be jealous of others taking more cases and earning more commissions.
This is how people are. When everyone is making money, no one will be jealous of others for three melons and two dates. Once the business is reduced and the distribution is uneven, some people earn more and some earn less. Gossip is flying all over the sky, and the air is filled with the smell of vinegar. This is called "not worrying about scarcity but inequality".
"Our law firm and Fang Yi have been complained about. This afternoon, I heard from a buddy who works in the Lawyers Association." Chu Huai gloated.
"Complained? Because of what? Is the case messed up, or did you not do anything after collecting the money?" Zhao Zhongzhong was startled, and then asked.
"No, it's because Lawyer Fang represented a case for free and was complained of unfair competition. It was originally caused by Lawyer Fang, but it was a pity that our law firm was involved." Chu Huai said with a half-smile.
"Represent the case for free? Not so much. Lawyers are not stupid. If ordinary clients want to represent for free, Director Sun will not agree. I don't think it's that simple." Zhao Zhongcheng said with his eyes rolled.
"I don't know exactly what happened, but according to gossip, there is a high probability that Fang Yi will be punished this time. If he is punished, the reputation of the law firm will also be affected. I guess Mr. Sun will ask him for a statement.
Old Zhao, when the time comes, you will be the backbone of our law firm. With me running the case outside and you sitting at home to take the case, let us combine two swords, and we will definitely break out a world. "Chu Huai laughed.
(End of this chapter)
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