After talking about the general situation, he immediately asked: "You said this kind of thing, besides suing her for defamation, is there any good way for us?"
Fang Dazhuang's eyes lit up, and then he smiled and said, "Don't be depressed, you two, I've heard about the car space occupied by human flesh."
After a pause, he continued: "Xin Ran is actually right about this matter. To be honest, human flesh occupying a parking space is a moral issue, unless it really disturbs public order."
Zhou Xinran still has a solid legal foundation, and those who disturb order in such public places may be detained.
But now the other party's behavior clearly did not disturb the order.
So when Lao Zhou came, he was just criticizing education.
However, if they still can't recognize their mistakes, they have to take them back to the institute to criticize and educate them.
Basically, if you get to this point, those who didn't realize it will also realize that the police station is the place to regret it.
Of course, Fang Dazhuang is being modest when he says this. In fact, he has not only heard of it, but also studied it.
What is recorded in that little notebook is not only those big eucalyptus, but also some things that few people would study on weekdays, but would make many people feel disgusted when encountering them, but they couldn't deal with them.
For example, he has specifically studied the issue of human flesh occupying parking spaces, and concluded that it is not suitable for rights protection, because investment and gain are completely two concepts.
Zhou Yi and Fang Dazhuang have known each other for so long, and he knew what he meant by "heard of" in his mouth, so he didn't speak, just listened quietly.
"This is the current mainstream view, but well, I actually have some thoughts on this matter, and I can discuss it when I speak out." Fang Dazhuang thought for a while.
"After all, this is a paid parking lot, and you will be charged when you come in. If your car only needs to be parked for two hours, but because the other party is standing there blocking the parking lot, it will take an extra hour and a half. So, who should pay for this money?"
"After all, it is a parking lot, and there is no charge for people to come in."
Zhou Yi and Zhou Xinran looked at each other, Wucao, can this still be understood?
Fang Dazhuang said eagerly there, "Of course, it's not easy to get evidence like this, but it's okay, I can get it!"
"These are two eucalyptus!"
One is a lawsuit for infringement of reputation rights, and the other is a lawsuit for infringement of property rights. There are regulations in the Civil Procedure Law. Generally, a case is a cause, and there is nothing wrong with it.
Maybe neither of them asked for too much money, but if it was really for money, no one would do it!
Fang Dazhuang picked up a glass of water and said with a smile, "Since she told you to sue casually, then sue casually. If you want to receive a subpoena, it's very simple."
Losing money is the next best thing, and you can make the other party apologize.
Zhou Yi also picked up the water: "Then do it like this. Although I still don't feel so relieved, it's worth it to think of the other party's surprise after receiving the subpoena."
After finishing the business, we started talking about other things.
Fang Dazhuang never lacked cold knowledge of law.
For example, some people know that the crime of sabotaging a military marriage is punishable by punishment, but few people know that this crime is punished for the man who sabotaged it, and the spouse of a soldier is not punished.
The reason is very simple. Originally, this crime was to protect the family. Your attack even got the wife in, so the family disappeared.
Then Fang Dazhang brought up topics such as "If someone rapes a living person by mistake for a dead person, should he be convicted of rape or insulting a corpse", which made the conversation tonight very tense. .
The dinner time was spent on such interesting topics. After dinner, Zhou Yi and Fang Dazhuang went straight to the law firm to sign the entrustment contract. Fang Dazhuang will start working tomorrow.
Chapter 416 Eat whatever you want recently
Fang Dazhuang has always been a person who will do what he says.
Perhaps the final result of these two cases is only a little compensation and an apology, but this is an excellent way to practice ideas.
So Fang Dazhuang began to act non-stop the next day after signing the contract.
Needless to say, the violation of the right of reputation before, the video of Zhou Yi's driving recorder was enough, and there were so many people around at that time.
The key now is how to prove that the parking time has been extended due to the other party's delay, how long it has been extended, and how to calculate the money.
This is actually not difficult to figure out. After adjusting the driving recorder, Zhou Yi turned around and there was no parking space. The time can be counted as the beginning, and then everyone will leave separately, which is the end.
The calculation of the parking fee is also fixed, three yuan for half an hour.
This is also the application of the new Civil Code. The Civil Code not only has various specific regulations, but also has many principles.
Such as voluntary principles, such as the principles of fairness and good faith and so on.
Similarly, Article [-] of the Civil Code clearly stipulates that civil conduct must not violate the law, followed by a sentence that must not violate public order and good customs.
In everyone's common perception, the parking space is counted only when the car arrives first, so it is wrong for you to go up and occupy it.
Whether the other party's behavior of "human flesh occupying the parking space" is considered a civil act, of course, forget it, and what Fang Dazhuang has to do is to ask the court to determine one thing in addition to the compensation of the few dollars: that is, the human flesh occupying the parking space. Invalid behavior!
This is the focus of Fang Dazhuang's work!
Just a few dollars in compensation, to be honest, you are likely to simply file a case, and then go directly to mediation, the court will not be so idle, and he will hold a special court for your few dollars.
That would be a waste of judicial resources.
But adding this appeal is different. Now there is no completely definite characterization of the behavior of "human flesh occupying parking spaces".
And if the court can determine that this behavior is invalid and has a specific statement, that would be great, this is equivalent to having a characterization for similar behaviors in the future!
Although we are not a country of case law, case law still has certain reference value in practice.
According to Fang Dazhuang's words, even if those keyboard warriors quarrel with others in the future, they can come up with relevant judgments to fight back, and there is no way to say it. This is the meaning!
It was done as soon as it was said, and various materials began to be collected. The case itself was really simple, and Fang Dazhuang was quickly settled, and then he brought relevant evidence to the Guangming District Court.
A bald man walked into the filing hall, and others looked sideways.
Now the country is vigorously promoting online filing, but people like Fang Daxiang still like to go to the scene.
"Face-to-face conversation" is not only what many salespeople do, lawyers also do this.
Talking face-to-face and talking through a computer screen are two feelings.
Anyway, Fang Dazhuang felt that it was useless to attack people like that.
"Teacher Fang is here again. What's the case this time?" The staff members inside are very happy. What's wrong with Teacher Fang's lack of hair? She has a good temperament.
"Just two simple cases, let's take a look."
While talking, two indictments were handed over.
Needless to say, the staff lady was not surprised when she saw that the plaintiff on the indictment was Zhou Yi. Now let alone the Guangming District Court, the higher court and even the procuratorate knew that the two were almost conjoined.
As the saying goes, where Zhou Yi is, there must be a big picture...
Looking at the staff member, she raised her head. She wanted to complain, but she didn't know how to say it.
That's all for the right of reputation, too much done in the previous shape, very smooth, almost no friction.
But the one at the back... the young lady's scalp is numb after seeing the appeal, do you really think our judges are not bald enough?
Although you are bald, you don't have a certain temperament... the young lady who has lost her aesthetics thought there.
As a result, Fang Dazhang in front of him chuckled, as if he had already guessed what she was thinking, and said, "Look at the second request."
The second appeal, there are actually two appeals, the young lady quickly looked at the second one, she was still scratching her head at first, but gradually became serious.
To an outsider, this appeal seemed like she was taking off her pants and farting, but as a staff member of the filing office, she was naturally not an outsider.
This request is a bit unusual!
Because at present, whether this kind of behavior is wrong or not, in fact, there is a lot of controversy in many places in the legal circle!
There are two core points of view: First, why is it only counted when the car arrives, and people waste their time to occupy it, so why can’t it be counted as queuing!
Second, people are bigger than cars!
Therefore, if you want to judge this, it will be very troublesome...
It can only be said that he is worthy of Fang Dazhuang, as expected, he will never do some useless things.
The formality review was very fast, and it didn't take long for the notification that the case could be filed. Fang Daxiang left the court leisurely with his satchel on his back. He was looking forward to whether anyone would come out to argue this issue!
For Dong Shuqin, the matter of occupying a parking space has long been forgotten.
The other party threatened to sue him, and he didn't take it to heart. He just scolded you for what's wrong. If you go to sue, the court probably won't listen.
"Morning, Miss Dong!"
After entering the company, someone said hello, Dong Shuqin took a casual look and replied:
"Morning, how is yesterday's proposal going? It's not finished yet? Didn't I tell you to let you do it? I'll just say a word here, do it if you can, get out if you can't!"
She is a department head of this company. She is known for her strong work ability in the company. In the words of her subordinates, she is a ghost who works for tigers.
He often yells at the old employees, and the scolding is ugly.
After reprimanding several employees, he entered the office with satisfaction.
The employees outside dare not speak out. In the current working environment, to be honest, there is no thought of leaving the job when they are a little older.
After working for a while, a text message came from her mobile phone, reminding herself that she had a package, so Dong Shuqin went downstairs to pick it up, she didn't feel strange.
As a woman, I often forget what express delivery I bought...don't ask me how I know, alas.
Because I didn’t have scissors in my office, I took scissors to open the package in the office area outside, and didn’t pay attention to who sent it. It seemed that there was a word “Fa”.
A sycophant has already come up next to him and said, "Sister Dong, sit down, I'll open it for you."
The employee acted very quickly and quickly opened the package, and then the contents inside were revealed: a summons from the Guangming District Court.
what's the situation?Some employees next to him also saw it. Dong Papi received a court summons?
Dong Shuqin was even more confused, she couldn't figure out who sued her.
The sycophant next to him didn't know what to say, and stood there with an embarrassed expression on his face.
Dong Shuqin hurriedly carried the things into the office. After reading the two summonses, she felt a burst of anger rushing straight to her head!
You really sued me for such a shit?
The key is that he unpacked the package in front of so many people, letting everyone know that he was accused, and humiliated himself in front of his subordinates.
I looked at the name of the lawsuit, Zhou Yi, right, okay, you wait!
He took out his phone and opened Zha Lang, and soon an article was sent out.
"Come and see, everyone, someone actually sued me because of such a trivial matter!"
That photo was accompanied by a photo of the indictment and the subpoena.
Then, Dong Shuqin began to describe the previous scene with more details.
Sometimes think about it, there is really no way to do a small composition, because when writing a small composition, you will always save your own mistakes and magnify the other party's problems.
It's human nature, and many of us do this in our daily lives when we tell our past experiences, leaving out the bad and only saying the good.
In Dong Shuqin's mouth, she was very innocent, because the parking space was tight there, so she went to help occupy the parking space in advance, but in the end, the other party scolded her when she came up!
"They said I was shameless for occupying the parking space, and if they said they would kill me if I didn't walk away, then I would definitely not be used to it, so I just said I stood there and saw what could happen to me!"
The truth and lies are mixed together, anyway, I must be the one who has been wronged, while the other party is the one who is unreasonable.
Really, after writing this thing, even if you read it yourself, you will feel that I have been wronged so much when I came to Wu Prairie...
"The police came later, and then everyone dispersed. I really didn't expect that the other party would still bite me. I went to the court and sued me. Let's judge!"
Then I sent it out, and at the same time sent it to Zha Lang, Big Green Book, and then ignored it.
Of course, she didn't know that after this incident, many people posted some videos on the Internet.
"Human flesh occupying the parking space" itself is an extremely disgusting issue. Under such circumstances, everyone shouted and beat it almost as soon as it was posted.
"Wucao, this woman opens her mouth and shuts up. This is my parking space, how can she open her mouth, public resources, she's standing there, it's hers?"
"The earth under my feet is also a public resource. I have been standing for more than 20 years, and I dare not say that it is mine..."
"It's wrong for human flesh to occupy the parking space, what are you going to do to those people who have been waiting for a long time in the car!"
Of course, the opposite rhetoric soon appeared, and this part of the rhetoric focused on things like forcing calls.
"I think those who think it's wrong for human flesh to occupy the parking space are stunned. Aren't people superior to cars? People sacrifice their own time to occupy parking spaces, so why should they be accused of being wrong? Is there any law that prohibits human beings from occupying parking spaces?" What about the parking space?"
As a result, the quarrel suddenly became irresistible... Both sides insisted on their own opinions.
At the same time, the Internet celebrity "Ami" and his team far away in Shanghai are thinking about how to improve the sales of their weight loss products.
Their team's weight loss products are now not just slimming sugar and weight loss capsules, but also launched many so-called weight loss products, and the profits are astonishing.
As for whether there is a problem with the weight loss products sold, Ami does not think there is any problem.
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