The opening account was stolen, and the backhand recharged 100 million

Fang Xiaoying also had no choice but to try it casually, but she didn't take it seriously later. As a result, Fang Dazhuang directly changed the compensation demanded from [-] to [-] after knowing that it was there

Yes, even Fang Daxiang didn't want so much before.

Under such circumstances, it is of course impossible for Fukang Sub-branch to send a written notification letter to Fang Xiaoying to explain, because it is impossible for them to explain, so it is okay if this matter gets out?

Therefore, the focus of the dispute between the two parties lies in two points. One is whether the credit record is part of the right of reputation, and the other is whether the Fukang Sub-branch did not report it on purpose or failed to report it to the credit center in a timely manner.

Both actions are at fault, but the degrees of responsibility for the former and the latter are markedly different.

The latter just means that others wanted to report it, but for some reason, they did not report it in time. Then you think about it, if the sentencing is different for intentional homicide and negligent death, the compensation must also be different.

This is the heart of the argument!

Although Huang Yanhao was very scared, he still mustered up his courage. Anyway, it was like this, and it couldn't be worse than it is now.

So for the first focus of controversy, he gave his own arguments.

"Even if the correction information is not submitted in time, because the personal credit database is a closed system, according to the introduction of the personal credit report published on the official website of the credit reference center, the use of personal credit reports is currently limited to commercial banks, financial institutions that handle credit according to law, and the People's Bank of China. !"

"Of course, consumers can also obtain their own credit reports from the People's Bank of China."

"However, according to different users, the personal credit information system provides different formats of personal credit reports, including the bank version, personal inquiry version and the internal version of the credit reference center, which serve commercial banking financial institutions, consumers and The People's Bank."

"Whether it is a commercial bank, a consumer or the People's Bank of China, the inquirer must obtain the written authorization of the inquired person when inquiring about the personal credit report, and keep a copy of the inquired person's ID card, which means that the personal credit report is limited to financial related information. Institutions and information subjects inquire and use it themselves, and inquirers must obtain written authorization from the inquired when inquiring about personal credit reports."

"And the plaintiff did not provide any evidence to prove that it failed to apply for a credit card because of the bad credit record. There are many reasons for the inability to apply for a credit card."

"To sum up, we believe that this bad credit investigation will not affect the plaintiff's social evaluation, cause the plaintiff's mental loss, material loss, and affect the reputation. Therefore, the plaintiff believes that the defendant's behavior has infringed its reputation right without factual and legal basis. , should not be supported!"

Having said a lot, there is only one core point of view, this thing is very closed, and if others want to see it, they have to obtain your authorization, so it will not affect your social evaluation.

On the other side, Zhou Yi could tell that Fang Daxiang, who was already very energetic, became even more excited.

To be honest, even Zhou Yi felt that this Huang Yanhao's level was indeed not bad.

Fang Dazhuang finally opened his mouth and said: "The defendant argued that personal credit investigation is extremely closed and only serves a few situations, so it does not affect personal reputation. I don't think that is the case."

"What is the essence of the existence of the credit investigation system? It is to express the evaluation of personal integrity. If the bad credit records cannot reflect the personal integrity, then what is the meaning of the so-called credit investigation records?"

"The evaluation of personal integrity is an extremely important part of social evaluation, so since it is a social evaluation, how can it not be the right of reputation?

"According to Article [-] of the Interim Measures for the Management of Basic Personal Credit Information Databases, commercial banks shall abide by the personal credit database standards and relevant requirements issued by the People's Bank of China, and submit personal credit information to the personal credit database in an accurate, complete and timely manner."

"And the defendant obviously failed to meet the relevant requirements!"

－－－－－－off topic－－－－－

A chapter of more than 6000 words, good night everyone.Another underworld update, sorry. .

Thank you for another novice brother, brother Wujitian, brother Chi, brother Fat Cat Story, brother book friend 2020, brother Chinese lobster, brother Negri, thank you brothers for your rewards, thank you

Because the book friends said that they like hardcore and specific explanations in court trials, so they wrote in detail. If you don’t like it, you can use less next time.Ask for tickets for the month-end event, [-] tickets, plus three shifts, will be placed at the beginning of the next month, and the three shifts will be returned first.

Chapter 386 The reason behind Fang Daxiang's sudden misfire is heartwarming

Regarding whether credit investigation is a right of reputation, Fang Dazhuang has already made it very clear.

Why there is a credit report? This is a manifestation of your integrity and an evaluation of your integrity.

Since it is an evaluation of integrity, it must be a social evaluation.

Therefore, when the credit record reflects that the person has a bad record, it itself means that he is evaluated as a dishonest person.

Correspondingly, even if he was not seen by other people when applying for a credit card, it also means that his social evaluation has decreased.

But now, Fang Dazhuang has started spraying venom like a poisonous snake.

"Then according to what the defendant said, the evaluations of authorized financial institutions and credit reference centers cannot be regarded as evaluations?"

It's hard to say this:

"Do you mean that other people's financial institutions are not considered 'people'?"

When Fang Xiaoying applied for a credit card, she must have authorized a financial institution to inquire about the credit report, so take a step back, even if the credit report has not been known to outsiders.

Could it be that only the financial institution knows that she has received a bad credit report, so it is not considered to lower the social evaluation.

Not to mention the fact that the bad credit records were known by classmates.

Huang Yanhao stood there, his brain spinning rapidly.

His idea is that the credit records are closed and closed-loop, so as long as the credit card does not affect Fang Xiaoying's evaluation, it is not considered a reputation infringement.

But he really didn't expect that a simple credit check could involve the right to reputation!

And the key is that he himself feels that what Teacher Wucaofang said makes sense, he has the same feeling as when he was in class...

Trying to find countermeasures, but unfortunately, it is such a problem that there are too many non-suits. Many legal affairs basically only follow the path they preset before the court session.

Once the other party's arguments exceed their own ideas, there will be a downtime.

No one thinks that as long as a lawyer goes to court, the other party can calmly respond to whatever they say, let's talk freely, no, no?

Of course, lawyers don’t stand in the cold, so what should we do? Why do many people watch the live broadcast of the trial and feel that some lawyers are talking back and forth, wondering if this person is sick.

He's not sick, he just doesn't know what to say...all tears.

However, Fang Dazhuang didn't even give him the chance to talk about Che Rulu!

"After talking about the first focus of controversy, let's talk about the second one. According to the provisions of Article No. 19 of the "Interim Measures for the Management of Basic Personal Credit Information Database", if the objection information is indeed wrong, the commercial bank shall take the following measures:

"([-]) Submit corrected information to the credit investigation service center; ([-]) Check the procedures for submitting personal credit information; ([-]) Check other personal credit information submitted later, and if errors are found, it should be re-submitted .”

"Then let's see, according to the third evidence provided by us, our party had already mailed the objection application to the Fukang branch in writing as early as August last year, and signed for it on August [-]!"

"Then, based on the fact that our party went to the defendant's bank several times to file an oral objection, we have reason to believe that the defendant knew or should have known that the credit reference involved was wrong."

Evidence [-], which was produced by Fang Dazhuang, and Fang Xiaoying mailed the evidence of the relevant written objection application.

This is not the so-called signed evidence of the other party. In this case, it is impossible for you to produce this type of evidence.

It is a photo of the relevant objection application, evidence of sending the objection application by courier, and evidence of receipt by the other party.

Then many people will say that your evidence is not strong enough, and you didn’t shoot the video all the way, so it can’t prove that this thing was really sent to the bank.

What if you change it when you send the courier?

Don't be surprised, this kind of questioning is normal, which is why many people don't understand civil litigation.

The kind they said, there must be no omissions, and the chain of evidence must be linked together to form a chain of evidence, which is used in criminal cases.

The evidence in criminal cases is much stricter than that in civil cases, so there will also be situations where it is clear that a criminal case cannot be convicted, but civil cases can be argued for a long time.

The example that many people know here is Brother Dong.

As for civil cases, it is impossible for you to say that all the evidence can be completely presented, even the judge knows that is impossible!

Because even a pervert like Zhou Yi couldn't record all the process on video.

If you have doubts, you can think about it first. Before various mobile phone shooting and monitoring were not as developed as they are today, how did the courts judge and how did civil cases go to court?

The high probability standard mentioned above can be applied to civil litigation, and the judge will make a judgment based on comprehensive consideration.

As for other doubts, such as "What if this is the evidence I made by myself, what if the photo taken is not real?".

I can only say one thing, there are not so many contingencies in this world. Good guys forge evidence. If you lose a good civil lawsuit, you will lose. Now that you forge such crucial evidence, it is enough to affect the court trial!

Do you think the food outside is not delicious, and want to eat lighter inside?

Is this a gamble on whether the court can find out?Are there bullets in the gun?

"Moreover, the defendant did not provide relevant evidence to prove it. Therefore, it can be confirmed that since August 27 last year, Fukang Sub-branch has not submitted the personal information of our client to the credit management center."

"Then, can we think that the defendant never thought of correcting the relevant records from the beginning to the end? Can it be considered that the reputation infringement this time was caused by the defendant intentionally?"

In human terms, I have told you countless times, and you have accepted the written ones and listened to the spoken ones.

If you feel that what I said is objectionable, for example, this bad credit report is correct, then you should provide evidence that we have explained it and what the reason is.

However, it is obvious that the other party cannot provide evidence at all, because it involves court judgments. If you want to say that the other party's application for correction is wrong, you have to overturn the court judgment first.

Therefore, if you can’t produce any evidence, you assume that you know that this matter is wrong, but you know that this matter is wrong and you still don’t submit it for a long time. Did you do it on purpose?

After all, according to regulations, you have to report within ten working days.

As a result, from August last year to the present, there has been no movement for half a year. After submitting it, it was dragged by the credit management center, and you did not submit any submissions. These are two different concepts!

Huang Yanhao stood there, swallowing from time to time, and now he felt that he had returned to the original classroom.

He really wanted to refute, for example, they explained to Fang Xiaoying many times, but that explanation had no effect.

Why, Director Xu said that we are also working hard.

But if you can't produce evidence, it will have no effect. Who wouldn't open your mouth to speak.

So I can only say: "But we have submitted it now, and the Credit Information Center has corrected the relevant information."

It's a pity that this sentence was quickly reprimanded by Fang Dazhuang.

"According to the time of submission, it can be inferred that it was after our side filed the lawsuit, so it does not hinder the establishment of the previous argument!"

There are all used here, have you ever studied evidence law?

Fang Dazhang endured the latter sentence, and decided to say this sentence later if the other party is still so stupid!

Those Huadong political and legal students who came to observe had no smiles on their faces at the moment, and many of them were thinking about how they would behave when they encountered such a situation.

The answer is, it may not be as good as this senior...

"Xiaoxiao, this senior is so miserable..." one of the girls said.

Standing there alone, like a dog.

The girl named Xiaoxiao didn't speak, her eyes were full of stars when she looked at Fang Dazhuang.

It is really crushing from all aspects!

Fang Dazhuang has made it clear about the two controversial points of the case.

From the beginning to the end, Huang Yanhao was not given any chance, not even a chance to talk about the car.

At this time, any lawyer who wants to save face will not talk about "credit investigation is closed" again.

"The defendant, please answer me directly. Is this intentional or negligent?"

Huang Yanhao didn't speak, he didn't know what to say, but he knew that if he dared to say anything at this moment, he would definitely be grabbed by the man opposite, and then he would rub against the ground.

Although it has been rubbed to the point of sweating.

Fortunately, the judge knew Fang Dazhang and his virtues. Before he could continue asking questions, he looked at Huang Yanhao and asked, "Does the defendant have anything to add?"

Huang Yanhao shook his head with difficulty. When he knew that the other party was Teacher Fang, he knew that the case was very likely to be lost. Now it is not unexpected.

But... this feeling is really bad.

"Okay, the court debate is over, and the parties present their final opinions."

As soon as the voice fell, Zhou Yi could clearly see that Fang Dazhuang was like a heavy machine gun that had suddenly misfired, almost turning red.

There is no way, after the prepared eight questions and the hundred sarcasm words after the other party can't answer the questions are held back in an instant, everyone will be red.

On the contrary, many people in the auditorium laughed. They had all heard about Fang Dazhuang's tendency to beat each other up in court.

I don't know why, but after seeing Fang Daxiang being forced to skip this stage by the judge, I feel an inexplicable sense of refreshment...

There is nothing more to say in the final statement of opinion, "please the judge support the plaintiff (defendant)'s request", that's it.

The presiding judge announced an adjournment, and Fang Dazhuang sat down to rest, making preparations in vain, and did not know whether the other party would appeal.

It's fine if you appeal.

What is a pervert, this is a pervert, the result of the first trial has not yet come out, and I am already looking forward to the appeal of the other party to start the second trial.

After waiting for a long time, finally, the presiding judge came out and pronounced the verdict in court!

Judgment as follows:

[-]: To change the credit record, the Fukang sub-branch of the defendant has reported it to the credit management center and has changed it.

2: The Fukang Branch of the defendant Modu Feiyue Commercial Bank shall pay the plaintiff Fang Xiaoying [-] yuan for infringement losses within ten days after the judgment came into effect.

Fang Xiaoying's other claims were dismissed.

The litigation fee of this case is [-] yuan, which shall be borne by the defendant Fukang Sub-branch.