So is there really such a thing as a "way to send the hammer in"?

The law is strict, but the "seriousness" is different from what most of us understand. At least after Wang Daoren's efforts, Xia Ziyan and her mother were only detained for five days.

At this moment, in the law firm, Wang Daoren looked at Xia Ziyan in front of him and said: "Miss Xia, I did charge you, so I am also wholeheartedly trying to solve the problem for you."

"But the premise is that you must cooperate with me. Now, your father, Mr. Xia, is in a very bad situation. He has been criminally detained by the Guangming District Public Security Bureau for the crime of disrupting the court order. You have also seen the detention certificate. I believe you can understand it." the seriousness of the matter."

Xia Ziyan's face was still dull. She was imprisoned for five days, but she still didn't understand why everyone was bullying her and her family.

"But Lawyer Wang, my dad didn't do anything. He just felt that the lawyer opposite was talking nonsense, and then wanted to say a few words for me. How could it be so serious?"

Wang Daoren said helplessly: "Miss Xia, what do you think is a serious situation? The three of you, father and daughter, disrupted the order of the court twice in a row, making it impossible to continue the trial. In fact, this alone is already very serious."

"It's just that we don't easily identify crimes now, so Miss Xia, you and your mother were only detained for five days, but Mr. Xia was different. He also attacked the bailiff when the bailiff was forcibly taken away, causing the bailiff to scratch his hand. !"

"You don't think it's serious?"

Xia Ziyan pursed her lips. Things happened so fast that she felt that everything was unreal, and she suddenly said that she would spoil her to the sky, divorce her husband, and go to court to claim property.

My father spoke for me, and now he is in criminal detention again and may be sentenced.

This, how did this suddenly become like this now, it was obviously fine before.

But after thinking about it, Xia Ziyan still said: "Lawyer Wang, do you have any ideas about my dad? Don't all your lawyers have ideas?"

Wang Daoren shook his head and said, "This is a criminal matter. I'm a civil lawyer and I don't know much about criminal matters. So I suggest you ask a criminal defense lawyer for help, or apply for legal aid."

Hearing this, Xia Ziyan frowned suddenly: "Lawyer Wang, you are a bit too rude, I have already paid you, why do you want me to hire a lawyer?"

"You are very fast when you collect money, why don't you just ignore it when you need to work?"

Wang Daoren clenched his fists again, and reluctantly said: "Miss Xia, these are two cases. The money I received was for your divorce case. Your father was arrested. That's another case. I confiscated this case." money!"

"But what's the difference? It's another case. Then you helped me and my mother when we were detained. Then why didn't you say it was another case at that time!"

Lawyer Wang wants to cry, he really wants to cry, this client is already unreasonable, she is just messing around, cooperating with me to help for free, and there is a problem with the help?

"It's not Miss Xia. We have to be conscientious as human beings. Then I did help for free, but I should have charged. Now can this be used as an argument?"

"I don't care!" Xia Ziyan said again: "You have to do something after taking my money. If you don't care, I will complain to you at the Lawyers Association!"

If Zhou Yi's seriousness is a bit unreasonable and unreasonable, then Xia Ziyan belongs to another kind of seriousness in life, unreasonable and unreasonable.

It's the kind of people who say things like "I'll complain if you don't look good".

She often said that in the past. Basically, everyone saw that she was a young girl and didn't want to trouble her, so they usually did what they could.

But the consequence of this was that Xia Ziyan felt it was a matter of course.

It's just that right after he finished speaking, he saw Wang Daoren on the opposite side suddenly explode.

"Complain to me, right? Go, I didn't stop you, the Lawyers Association can't find a place, right? I can help you guide the way, go, if you don't complain to me today, I will look down on you!"

Lawyer Wang thought about the clients he had met in the past, and felt grievances pouring out. It was easy for me to step on the horse. When I met someone, I thought about prostitution for nothing, and threatened to complain every now and then.

"Let me tell you, I have already been suspended from practicing twice. I am familiar with the training courses of the Lawyers Association and the Bureau of Justice better than anyone else, and they threatened me. Go!"

Xia Ziyan was stunned, she had never seen this Lawyer Wang get angry.

"Also, let me tell you by the way, I won't fight the divorce lawsuit before. If I breach the contract, I will breach the contract. The compensation will not be less. I will notify the law firm immediately!"

"I'm not serving you anymore!"

Probably finally caught the end, Xia Ziyan said: "How dare you scold me? You still call yourself Lao Tzu? What kind of service attitude is this? I want to complain to you, and I will make you suspend business again!"

"Go, I don't want to be a lawyer now, can I change careers, can I go to the construction site to collect ashes, can I still be threatened by you?"

After finishing speaking, Wang Daoren slammed the materials in his hand on the table and left.

Threatening me, I don't even intend to work in the legal industry. You threaten me to file a complaint. Whatever you want, it's great to revoke my license. I have nothing to worry about.

Other colleagues of Wang Daoren in the law firm came up to inquire about the situation, and the director hurried up to smooth things over: "Miss Xia, don't be busy, what's going on?"

"Ask him, he's a lawyer who won't file a lawsuit after collecting money, and still scolds me, calls himself Lao Tzu, and wants to beat me, if you don't deal with it, I'll go to the Lawyers Association, the Justice Bureau, and I'll sue you in the imperial capital! "

The director quickly grabbed Wang Daoren and said, "Old Wang, what's going on?"

"I'm quitting, enough is enough, what should I do if I lose money, that's it!"

A colleague stepped forward and finally persuaded both parties, and soon everyone knew the situation.

Xia Ziyan, who was being persuaded by a female lawyer not to be angry, saw the director of the law firm.

"I'm sorry, Ms. Xia, now the firm has decided to terminate the contract with you. This is our unilateral breach of contract, so we will pay you the liquidated damages stipulated in the contract. Please ask another wise man!"

What?Xia Ziyan was stunned, looking at the director whose attitude had changed drastically: "You want to terminate the contract? But..."

"The complaint you mentioned is your freedom and your right. We will not stop it. I just want to say, Miss Xia, we are lawyers and service personnel, but we are also human beings, so let it be."

The right to defense is a basic right, but the law does not stipulate that there must be an attorney in civil cases. Our temple is too small to accommodate you, a great god, so it's okay!

For such a party, I hope she can find a big wronged person to sue.

The words "I'm going to sue you to death" still echoed in my ears, but Xia Ziyan found that she couldn't find a lawyer now.

I found a few law firms, and as long as the other party listened to her case, they would refuse, or make excuses, or refuse directly. The circle of lawyers in one place is actually not too big.

Such a serious behavior like her disrupting the order of the court in court was spread all over the circle almost on the same day, let alone the things that followed.

What the director said before is that we are just lawyers, we have the right to accept commissions, and we also have the right to refuse services. This is their freedom.

Faced with such a situation, Xia Ziyan was at a loss, should she continue to complain to these law firms?

But it was too late, the lawyer was not found, and the judgment of the first instance had come down, and the court determined that her behavior was domestic violence, so she was at fault.

So most of the savings after the two got married were awarded to Wang Wucheng, not to mention the share of the house, but the other party also filed a domestic violence damages claim!

The betrothal gift also needs to be refunded more than 40.00%, almost half.

Although normally, she can still get half of the bride price, but this is completely different from what I thought before!

But why!

Soon she opened the big green book, and she wrote a new diary: Wrapped in pain and pain, all this happened too fast, why, when I smiled at the world, what I got in return was the malice of the whole world...

Afterwards, she wrote down her own affairs... Don't be surprised, everyone is actually similar. When posting these things on the Internet, they will subconsciously put themselves in good terms.

This is dominated by subjective emotions.

After finishing the writing, Xia Ziyan asked a question: Can voluntary handover of wages be considered domestic violence?

Isn’t it very classic, omit all the concepts in the middle, anyway, you will think at a glance, hey, there is something wrong with the horse, handing in wages is definitely not domestic violence!

So why do we always talk about the specific analysis of specific cases?

Under such circumstances, Xia Ziyan's question was really a question from the soul, and soon the popularity began to soar, and some people began to discuss it.

"Can this be considered domestic violence? Can a girl with a thin body be domestic violence against a man?"

"I don't understand what's going on in this world. There are so many domestic violence men who are left alone, and now they can say that a girl is domestic violence. I am really convinced!"

If you look carefully, you will find that they are all familiar arguments, provoking confrontation, and soon, related cases were transferred to other major platforms, and aroused extensive discussions.

This case can be said to be refreshing to many people. Domestic violence is a chronic disease, a very serious problem in society and families, but it is difficult to deal with.

There are many reasons. For example, in some serious cases of violent beating, a considerable number of people believe that sometimes it should be convicted of intentional injury, rather than simply as domestic violence.

For another example, many times, for the sake of face, they have experienced domestic violence but kept quiet, or they did not take timely actions such as calling the police and other fixed evidence, which made it difficult to provide evidence for domestic violence litigation.

So after discovering such a case of domestic violence that was not done by anyone, everyone found it novel, and the term "soft domestic violence" quickly became popular.

Reasons are not clear, and things are not clear. Except for those who want to provoke confrontation with rhythm, everyone else wants to know what kind of situation will be recognized as domestic violence!

At this time, many rhythmic people found that the rhythm was a bit immobile.

There is no way, the previous wave of the navy caught too many people, especially those so-called fairies who were dressed in black silk and had long hair on their legs.

Although there are mosaics, many people vomited after Zhou's video was sent out.

Some girls who were affected in the past are also sober. It is a very stupid thing to talk about the facts and bring individuals into groups to attack.

But even so, Wang Wucheng was soon picked up, his personal account has been completely compromised, and there are scolding everywhere, scolding him for not being a man at all, for being so cruel to his wife!

Xiao Wang tried his best to argue, but it was useless. He said that the other party was domestically violent, and he was directly attacked. He said that a big man said that his wife domestically abused him, and he was ashamed!

The sentence that got the most likes here is: What did this girl do to you, to make you so unfeeling, isn't it just that she was a little stricter on you and gave you a little less money, as for it?

Compared to before, there are indeed a lot fewer cases of direct swearing on the Internet, after all, what a certain handsome guy did last time was really amazing!

For many netizens, nearly 500 people were sent in, and they even shot a special video to promote it, killing people, killing people, killing people!

The appearance of crying bitterly after being caught, and the scene of the parents running around trying to keep the child out of jail, have been remembered by many people. Don’t swear easily on the Internet...

Not only because of this lawsuit, but also because of the example of A Yi, many people seem to have awakened, saying that they will sue you, they will really sue!

Because they found that, in fact, such a private prosecution case does not seem to be as troublesome as imagined.

Then some keyboard warriors were sent in, and those guys all learned from that pretty guy, and they all made videos to promote it, which made people's scalp tingle.

So now they are all cautious, and few people dare to do things that seriously disrupt their lives.

I don't know who spread the news, but gradually everyone found out that the plaintiff's lawyer is actually very generous!

All of a sudden, the words "Fang Daxiang is the biggest litigator" reappeared, that is to say, the deterrent effect of these three characters on the Internet is large enough, so for the time being, no one dares to flush the spring water.

However, there are also some veiled remarks saying that this place can be identified as domestic violence, is it because of the relationship between Fang Daxiang and the court?

Under such public opinion, Fang Dazhuang didn't say a word, Zhou Yi didn't say a word, and finally it seemed that a certain time had passed.

The Guangming District Court didn’t say anything, but the Supreme Court’s law popularization account released the latest issue of “Classic Cases Interpreting the Law with Cases”!

------off topic-----

Five thousand words hehehe, thanks to the old man, another novice brother, Fat Cat Story brother, Idiot brother, thank you brothers for your rewards, I started writing at ten o'clock, and continued to write until the afternoon. .It's really too slow.

Chapter 317 It's Already Already Don't Read It Yourself

"Using cases to explain the law", the kind that Fang Dazhuang has done before.

Although we are not case law but statute law, it does not mean that case law has no meaning for judicial decisions.

No one expected that when public opinion boiled to such an extent, the Guangming District Court did not speak, but the Supreme Court would stand up and release such a message.

Of course, the Supreme Court does not release this case alone. The Supreme Court will do the classic cases of "using cases to explain the law" in every issue, and the selection of cases is not limited to time. For example, in this issue, the case There are as many as three.

The first one is a case where Zhou Yi and Qiyi paid for advanced on-demand broadcasting, and the second is a case that happened in Hannan, which also belongs to the application of new provisions of the Civil Code.

That is to say, the problem of "If you don't charge people to take a car and have an accident, you have to pay the full amount" has been criticized by many people in the past.

The most direct and simple understanding of many people is that I gave him a ride out of good intentions, but now I have a car accident, and I have lost a lot of money, so I have to pay him the full amount?

No matter how you think about it, it doesn't feel right.

In the new Civil Code, the relevant provisions of "good intentions and rides" have been added.

"Where a traffic accident of a non-commercial motor vehicle causes damage to a gratis passenger, and the liability of the motor vehicle is attributable to that party, its liability for compensation shall be mitigated, except where the user of the motor vehicle has intentional or gross negligence."

This regulation directly determines the liability for compensation after an accident occurs to the "good intentions" from the legislation.

But it should be noted here that it is "should be mitigated" rather than "should not be compensated". You still have to pay for compensation, but you don't need to pay for everything, and it can be mitigated.

And this time, such an incident just happened in Hannan, which was the first time in the whole country, so it was published by the Supreme Court as a classic case of "interpreting the law with cases".

As for the third one, it is Wang Wucheng's divorce case, which is also the latest application of the Civil Code's revised marriage and family regulations!

In the words of the Supreme Court, this case is the first "compensation case for the party at fault in marriage". No effect.

Of course, there are still some cases where you want to insist, such as committing bigamy, cohabiting with others, etc., there may be some mental damage compensation.

Not to mention how difficult it will be to collect evidence, just talking about bigamy or cohabitation with others, it is really difficult for you to say this.

Because we all know that cheating, adultery, one-night stand, prostitution, and domestic violence are actually the reasons for the most problems in marriage.

This is also a point that many people criticize. Let’s talk about the ancient times, when adultery or something was discovered, it would be soaked in a pig cage. In modern society, all kinds of derailments, and after the end, the property can be divided as it should be. This is really unreasonable!

And note that what is mentioned here is also compensation for mental damage, because the original Marriage Law and related judicial interpretations did not stipulate that the party at fault will have less property.

However, the new civil code has new regulations on marriage and family. The wrong party will really lose a lot of property, not to mention leaving the house.

Seeing this, you can understand that the Supreme Court will not care about your quarrel. They took this case as a classic case to interpret the law. The focus is on the party at fault, not on the determination of domestic violence.

For the identification of domestic violence, there is a special law. It can be said that this is a law that many people who talk about "domestic violence" will not read it. It was issued a few years ago and is anti-family. Violent law!

There are detailed regulations on what is domestic violence...

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