I was watched by the Internet police during the live broadcast of law popularization?

Chapter 137 Weixin Group has an inner ghost!

"We're going to sue him..."

Hearing these words, Li Chen regained his energy in an instant.

Is this the other party's big move for not submitting a defense draft?

When it comes to counterclaims, first of all, it must meet the conditions for prosecution in the Civil Procedure Law, otherwise it is a false accusation.

Article 119 of the Civil Procedure Law requires that the following conditions be met for a lawsuit: ([-]) The plaintiff is a citizen, legal person or other organization that has a direct interest in the case;

([-]) There is a clear defendant;

([-]) There are specific claims, facts, and reasons;
([-]) It falls within the scope of the presiding judge accepting civil lawsuits and the jurisdiction of the court receiving the lawsuit.

The other conditions of the counterclaim are also very harsh:

(1) The counterclaim can only be brought by the defendant against the plaintiff, but not against anyone other than the plaintiff.

(2) The counterclaim can only be filed with the court that accepted the complaint.

(3) The counterclaim and the present suit must be subject to the same procedure.

(4) The counterclaim cannot be the exclusive jurisdiction of other courts.

(5) The counterclaim must be factually or legally related to the claim of this lawsuit.

(6) Time limit for filing.If a party adds or modifies a claim or files a counterclaim, it shall do so before the expiration of the time limit for producing evidence.

The presiding judge also became interested when he heard the words, looked at the defendant and said, "Defendant's legal representative, please explain the evidence and reasons for your counterclaim."

Jiang Zhengjia nodded when he heard the words and said, "Good judge."

"According to the feedback and chat evidence we got from other riders, before the other party sued, Zhang Xiaodong contacted other riders, thinking that they were insured to ensure the safety of the riders, so he lured them into the WeChat group. In fact, Zhang Xiaodong's purpose was to Wanting to ask my client company for a large amount of medical expenses, his purpose is not pure.

After our company explained the situation to the riders, they suddenly realized that they were willing to cooperate with us to testify in court to expose Zhang Xiaodong's ugly face.

And in my hands, the testimony of the other riders of the plaintiff as evidence, and the chat records in the group as supplementary evidence, can prove that Zhang Xiaodong is indeed instigating the cooperation of riders in my client company, and his behavior has violated the law. "Public Security Management Punishment Law".

In May 2016, Zhang Xiaodong tried to use the online public opinion platform to achieve his goals.

On July 2016, 7, he posted another message on the Internet called a call-up order for riders, trying to collect more bad comments to accomplish his purpose.

These are all evidences. "

After speaking, Jiang Zhengjia handed over all the content to the judge in the trial court.

After the members of the collegial panel of the trial court read it, they handed over the content to Li Chen.

Li Chen took the other party's evidence and looked at it.

When he saw the content of today's chat, Li Chen began to think about countermeasures in his mind, the outlaw fanatic system began to operate, and three perspectives appeared in his mind.

From the other party's point of view, this is indeed fanning the flames, using other people's dissatisfaction to add points to oneself.

From a judicial point of view, the content of these chat conversations is also a taste of intentional guidance.

But from the point of view of the parties involved, they are just explaining the facts of the problem, not fabricating it out of thin air.

As for posting comments online...

Although this method is not worth advocating, it is also a solution for the weak.

What law does a person break by publishing what happened to him online without distorting the facts when he had nowhere to turn?
After reading the content, Li Chen returned the so-called "evidence" to the trial judge, and then returned to his position: "As for the evidence submitted by the defendant's legal representative, I think it is completely unacceptable evidence.

The first one is about the situation of Zhang Xiaodong’s WeChat group.

First of all, we have to make it clear that the person who asked the question was the rider himself, and Zhang Xiaodong's answer was based on the facts of other people's feedback, not malicious fanning and guidance.

From this chat record, it can be seen that the unfair treatment of the riders on the site has been formed for a long time. I think this can also be used as evidence for me to sue the defendant, because this is the evidence submitted by the plaintiff. He approved the above problem And the legality of the source of evidence, then I also think this evidence is legal. "

"I'm talking about Zhang Xiaodong's induction."

When Li Chen said that the chat records were used as evidence for his prosecution, Jiang Zhengjia couldn't help but refute.

"Where is the inducement? I only saw their opinions that the order distribution was unfair, but I didn't see Zhang Xiaodong's inducement behavior."

Li Chen looked at Jiang Zhengjia and said, "You said he was inducing, so you should show evidence of inducing?"

"Other riders can prove this, Zhang Xiaodong deliberately induced..."

Before he finished speaking, Li Chen interrupted: "You said that other riders can prove that Zhang Xiaodong is inducing, and you have to show Zhang Xiaodong's facts, not just what the riders say.

As a lawyer, don't you know the minimum evidence verification?

The feedback I got was that other riders jointly sued the site, and the site owner was removed from the case because he was arrested for personal reasons.

Now you say that the riders were misled by Zhang Xiaodong, which means that these riders who claim to be misled have given false testimony, right? "

Li Chen looked directly at Jiang Zhengjia, Jiang Zhengjia faltered and didn't know how to answer when he heard the words.

"Judge, there is a problem here."

Li Chen looked at the presiding judge: "If they were induced by Zhang Xiaodong, it means that the questions they responded to before were false, their webmaster was wronged, and there is nothing wrong with him.

But the problem now is that Wu Yong was handed over to the District Prosecutor's Office, but it was confirmed there that he used his authority to issue orders.

Could it be that the people from the local prosecutor's office deliberately framed him? "

Jiang Zhengjia couldn't help twitching the corner of his mouth when he heard the words, and a bad premonition welled up in his heart.

If you follow the other party's reasoning logic, you have to go in too...

Because he was the one who asked the chairman of the Yunsheng platform to bribe several problematic riders to make a unified statement.

Strictly speaking, he also broke the law...

Jiang Zhengjia really didn't expect that the other party would turn the finger on the problematic station master again, and turn the people from the local prosecutor's office into a front line.

If he insists that the rider is a witness, the other party is likely to bring people from the local prosecutor's office over for questioning.

If you ask, they will have to finish the calf here...

Seeing this, Jiang Zhengjia planned to change his thinking: "If the rider cannot be a witness, Zhang Xiaodong's behavior also constitutes the crime of extortion."

"If Zhang Xiaodong is intentionally extorting, it's a criminal case. You can go to the martial arts association department to report to the police and let them file a case to investigate whether it is extortion. It cannot be proved by a single party."

After Li Chen finished speaking, he looked at the presiding judge and said, "President, I think we should study the issue of witnesses first, because I feel that the other rider is giving false testimony."

Jiang Zhengjia's heart sank when he heard the words...

worse...

　Chapter 132 Blocked again, Assi

　　
　
(End of this chapter)