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Chapter 24 Fight for Rights and Interests
"Why did you smash it so hard?" In the car repair shop, Xiao Wu looked around the dilapidated car, "How much does it cost to repair it?"
Jin Zhou stood up from behind the car with a wrench: "No money."
Xiao Wu looked puzzled, apparently not knowing what his boss was up to: "No money?"
Jin Zhou wiped the sweat off his face with his forearm: "Your sister-in-law's car."
After calling the police yesterday, the police quickly found the four people who smashed the car based on the license plate, surveillance and other information, and one of them had been sentenced by Yang Shiyu for gathering a crowd to fight.
Jin Zhou asked the police to put alcohol detectors on these people on the spot, and the result was as he expected. These people had all drunk, so the driver must be suspected of drunk driving.
Seeing that the incident was serious, the person in the lead took the initiative to apologize to Yang Shiyu, but Jin Zhou stopped him directly: "I am his attorney, talk to me directly if you have anything to do."
Yang Shiyu didn't answer, and just looked at Jin Zhou like that, acquiescing to his statement.
"I was really impulsive, Judge Yang, don't mention how active I am in it, I have never picked anything, and I have been rated as excellent several times. I really just got drunk today. Your lord has a lot, so let me go." Bar."
"What? Let you go?" Jin Zhou seemed not to hear clearly, moved his ear forward, and then put it back after talking to himself, "I won't let you go if I fucking fart. "
Yang Shiyu frowned when he heard the words, Jin Zhou had no choice but to correct his attitude, cleared his throat, and said: "Ahem, picking quarrels and provoking trouble, under five years, the circumstances are bad, five to ten years, previous convictions plus drunk driving, chasing It was the judge who intercepted it, so I don’t need to say more about how bad it is, right?”
Hearing Jin Zhou's crackling talk, the man almost knelt down, looked at Yang Shiyu and begged, "Judge Yang, please do me a favor!"
"Okay? Why can't you do it when you smashed the car?" Jin Zhou pushed the man away to prevent him from getting close to Yang Shiyu, "Well, don't talk nonsense, I'll give you pointers now Minglu."
The man's eyes immediately lit up.
"First of all, you must pay for the damaged car." Jin Zhou said in an orderly manner, "Secondly, you can ask us to issue a criminal understanding letter to you, which can more or less reduce your basic sentence."
The man stared blankly at Jin Zhou and asked, "Then why are you willing to issue it?"
Jin Zhou rubbed his index finger and middle finger with his thumb, implying it couldn't be more obvious: "That depends on how much sincerity you have."
For this kind of thing, sincerity must of course be reflected in money.
But the matter of money cannot be settled in a short while. Jin Zhou and Yang Shiyu came out of the police station and stood at the door waiting for Jin Zhou's brother to pick him up.
"Is this how you usually work as a lawyer?" Yang Shiyu looked at the street in front of him, and said in a flat tone, "Like a little hooligan."
"You don't understand, Judge Yang." Jin Zhou put his hands in his trouser pockets carelessly, "Don't care about hooligans or not, as for the rights and interests that can be won, of course you have to take the initiative to fight for them. This is the professionalism of a lawyer. .”
Yang Shiyu withdrew his gaze and glanced at the corner of Jin Zhou's mouth, obviously recalling Jin Zhou's hooligan proposal of "a kiss for a day".
But Jin Zhou still wanted to hear Yang Shiyu's evaluation, and asked, "How did I behave just now?"
"It's okay." Yang Shiyu said, "The sentence is not wrong."
"Then where can I say wrong." Jin Zhou paused, facing the direction of the street and asked, "The case in my hand will be held in court after a while, do you want to come and listen?"
"Do you think I'm idle?" Yang Shiyu asked lightly.
That's right, Yang Shiyu, as a judge of the criminal court, went to the civil court to listen, which is indeed a bit strange.
Jin Zhou was a little disappointed, but he had long been used to Yang Shiyu's temperament, and he didn't particularly take it to heart.
The facts of the car reduction case were simple, and it didn't take long for Jin Zhou to receive a court hearing notice.
On the day of the court session, he no longer wore such fancy things as gold-rimmed glasses, and put on a dark gray suit and a plain tie in a neat manner.
Xiao Wu had seen Jin Zhou wearing a tie before, and said with a smile that this was his seal, and putting on a tie would seal his identity as a gangster.
But Jin Zhou untied his tie on the spot and cleaned up Xiao Wu.
"Lawyer Jin." Luo Xueqing met Jin Zhou at the gate of the court, looked him up and down, "You are different from the last time you talked about reconciliation today."
"Are you going to court today?" Jin Zhou moved his neck, although he was wearing a formal suit, he still spoke in the same tone, "Today I will let you see what it means that a car mechanic who can't litigate is not a good store manager. "
Luo Xueqing smiled and followed Jin Zhou into the court.
"The case of allegedly false advertising of the XX brand car XX model is now in court." The judge sitting on the trial bench knocked down the gavel in his hand.
The case was relatively small, and only one judge tried it. Jin Zhou had done his homework beforehand, and this judge was a typical peacemaker.
"The next step is to enter the court investigation stage, and the plaintiff will first state the lawsuit."
Jin Zhou picked up the materials he had prepared, and half-off-scripted a statement of the facts. Finally, when he filed the lawsuit, he attached the facts and reasons on which it was based.
His speech speed has always remained stable, and his words are full of professional legal vocabulary, completely missing the usual sloppy tone.
After Jin Zhou finished his speech, the defendant made a brief defense against the plaintiff's statement.
Attorney Li and his assistant He Yunsheng sat in the opposite dock, as well as the manufacturer's employees representing the company in court.Lawyer Li's statement is of course asking the judge to dismiss all the plaintiff's claims.
"This case is not complicated, do you really not choose to settle?" After the court investigation, the judge asked while browsing through the list of evidence.
"We have always been inclined to settle." Attorney Li said calmly, "The main reason is that the plaintiff disagrees."
What he said meant to throw the blame on Jin Zhou.
Judges have always disliked people who are looking for trouble, because there is no judge who does not want to close the case quickly.
"Plaintiff, are you really not reconciling?" The judge frowned, with dissatisfaction already in his words.
"My client is a reporter." Jin Zhou said calmly, "A reporter from the Municipal Social News Department."
After emphasizing Luo Xueqing's identity, he said again: "She doesn't care about the compensation, she just wants an explanation."
As soon as the words finished, Lawyer Li's face on the opposite side changed slightly, and he whispered a few words to the defendant's representative beside him, and the representative in suit and leather shoes frowned slightly.
"That's fine." The judge nodded recklessly, "Then we will enter the stage of court debate."
Court debate is Jin Zhou's strength, and it is also the key to this lawsuit.
He was the first to point out the inconsistencies between the brochure and the actual vehicle, each irrefutable.
However, Attorney Li is also an experienced lawyer. He advocated that the brochure is only an invitation to offer, not an offer, and he also found a tricky point, which was not mentioned in the statement of defense returned to Jin Zhou before the court. .
"Plaintiff states that the brochure says the car has city/mountain/sand terrain modes, while her car only has city and mountain modes. I must point out that on the dashboard of plaintiff's vehicle, it is evident that only city The plaintiff should have discovered the mountain model logo when buying the car, or even when picking up the car, but the plaintiff did not find out, it can only be her own negligence."
Good guy, Jin Zhou was caught off guard.
This was obviously a strategy of Lawyer Li, deliberately hiding the picture of the dashboard in a pile of messy evidence, so that Jin Zhou could not understand their thinking.
"How could I find out when I bought a car for the first time?" Luo Xueqing on the side couldn't help but answer.
Naturally, such an excuse cannot convince the judge, but the idea of rebuttal is indeed this way.
Jin Zhou immediately took out his mobile phone, found a picture on the Internet, and after hiding the key information, he handed the mobile phone to the three people in the defendant's seat: "Then I want to ask the defendant, what does this logo mean?"
The picture is a pattern of a seat with three upward arrows above the seat.
The three people on the opposite side frowned and looked at it, but did not answer immediately, Jin Zhou handed the mobile phone to the judge and the judge's assistant.
"Is this the badge on this car?" the judge asked.
"No, but it's related to this case." Jin Zhou said.
"Then do the three of you know each other?" The judge looked at the three people in the dock and asked.
"This should be to adjust the height of the seat." The defendant's representative said something, but lawyer Li probably thought it would not be so simple, and added, "Or to heat the seat."
"None." Jin Zhou put away his mobile phone and began to talk, "This sign means to inflate the seat and adjust the softness of the seat and backrest. Our defendant lawyer should be a frequent driver, let alone this The defendant’s representative even works in a car company, so the two people will have signs they don’t recognize. Then my client, Ms. Luo, who has only had a driver’s license for less than a year and who can hit a pillar in the parking lot, she doesn’t know at all. Possess the ability to recognize dashboard symbols."
As the manager of a car repair shop, Jin Zhou is very familiar with the functions of cars of various brands, so he can think of a very small car function so quickly.
Lawyer Li pursed his lips, looking at the materials in his hand solemnly, not knowing how to answer.
He Yunsheng beside him cleared his throat, and took the initiative to continue the conversation: "Buying a car is a big expense for most families, and we should be careful, and we should not use the excuse of 'carelessness, ignorance', Let’s clear up all responsibilities. Since the plaintiff bought the car for 12 yuan, she should take the initiative to ask about the things she doesn’t know clearly, after all, the shop assistant has no obligation to explain.”
"Should be asked?" Jin Zhou couldn't help feeling amused, "What is the basis for your so-called 'should'? You can point out the law to me."
He Yunsheng showed embarrassment and stopped talking.
At this stage, the outcome has been decided.
Attorney Li and the defendant's representative whispered a few words, and then signaled to the judge that they wanted the court to preside over the mediation.
Luo Xueqing should have seen that she had a good chance of winning, and before Jin Zhou could speak, she took the initiative to say: "We do not agree to mediation."
"Wait." Jin Zhou stopped Luo Xueqing, "Listen to their conditions first."
Luo Xueqing looked puzzled: "Why?"
The judge and the defendant were chatting about the terms of the settlement in the court, and Jin Zhou took Luo Xueqing to wait outside the court.
"The settlement gold they are asking now will not be only two thousand." Jin Zhou explained to Luo Xueqing.
"But," Luo Xueqing still didn't understand, "I don't care about the thousands of dollars."
"Wait first." Jin Zhou said.
Not long after, the judge came out of the court and said to Jin Zhou and the two: "They are still sincere and plan to refund the 12 car payment. What do you mean?"
"Ten, 12?!" Luo Xueqing was shocked.
Jin Zhou didn't react at all. After all, the other party was in a sure-to-lose situation, and he purposely revealed that Luo Xueqing was a reporter not long after the trial. In fact, he was implying that if the other party won the lawsuit, Luo Xueqing would report the matter.
At that time, even if the other party can take some public relations measures, Luo Xueqing is a reporter herself, and this matter will make them very difficult.
"Too little." Jin Zhou looked at Luo Xueqing's reaction, apparently shaken, and said leisurely, "We mean 50."
"Five..." This time, Luo Xueqing didn't say a word other than staring wide-eyed.
"50 is too much." The judge began to act as a peacemaker, "You don't have much compensation if you win this case, and they are willing to pay 12, which is not bad."
"However, if they report the lawsuit because of false propaganda, the loss may be more than 50 yuan." Jin Zhou said.
"Yes." The judge said helplessly, "I'll ask again."
As soon as the judge left, Luo Xueqing looked at Jin Zhou in disbelief and asked, "Will they really give 50?"
"Maybe we have to talk about it again." Jin Zhou said, "But it won't be too bad. They will definitely let you sign a non-disclosure agreement."
"But," Luo Xueqing was obviously caught in a moral choice, "I intend to remind other consumers..."
"You decide for yourself, it's okay not to reconcile." Jin Zhou said, "I'm just giving you another choice."
"Lawyer Jin," Luo Xueqing frowned, "Your choice is too embarrassing for me."
Jin Zhou waited for Luo Xueqing to think about it, and seeing the judge came out of the court again, he asked her, "What is your decision?"
Luo Xueqing hesitated for a while, and made up her mind: "I still—"
Jin Zhou stood up from behind the car with a wrench: "No money."
Xiao Wu looked puzzled, apparently not knowing what his boss was up to: "No money?"
Jin Zhou wiped the sweat off his face with his forearm: "Your sister-in-law's car."
After calling the police yesterday, the police quickly found the four people who smashed the car based on the license plate, surveillance and other information, and one of them had been sentenced by Yang Shiyu for gathering a crowd to fight.
Jin Zhou asked the police to put alcohol detectors on these people on the spot, and the result was as he expected. These people had all drunk, so the driver must be suspected of drunk driving.
Seeing that the incident was serious, the person in the lead took the initiative to apologize to Yang Shiyu, but Jin Zhou stopped him directly: "I am his attorney, talk to me directly if you have anything to do."
Yang Shiyu didn't answer, and just looked at Jin Zhou like that, acquiescing to his statement.
"I was really impulsive, Judge Yang, don't mention how active I am in it, I have never picked anything, and I have been rated as excellent several times. I really just got drunk today. Your lord has a lot, so let me go." Bar."
"What? Let you go?" Jin Zhou seemed not to hear clearly, moved his ear forward, and then put it back after talking to himself, "I won't let you go if I fucking fart. "
Yang Shiyu frowned when he heard the words, Jin Zhou had no choice but to correct his attitude, cleared his throat, and said: "Ahem, picking quarrels and provoking trouble, under five years, the circumstances are bad, five to ten years, previous convictions plus drunk driving, chasing It was the judge who intercepted it, so I don’t need to say more about how bad it is, right?”
Hearing Jin Zhou's crackling talk, the man almost knelt down, looked at Yang Shiyu and begged, "Judge Yang, please do me a favor!"
"Okay? Why can't you do it when you smashed the car?" Jin Zhou pushed the man away to prevent him from getting close to Yang Shiyu, "Well, don't talk nonsense, I'll give you pointers now Minglu."
The man's eyes immediately lit up.
"First of all, you must pay for the damaged car." Jin Zhou said in an orderly manner, "Secondly, you can ask us to issue a criminal understanding letter to you, which can more or less reduce your basic sentence."
The man stared blankly at Jin Zhou and asked, "Then why are you willing to issue it?"
Jin Zhou rubbed his index finger and middle finger with his thumb, implying it couldn't be more obvious: "That depends on how much sincerity you have."
For this kind of thing, sincerity must of course be reflected in money.
But the matter of money cannot be settled in a short while. Jin Zhou and Yang Shiyu came out of the police station and stood at the door waiting for Jin Zhou's brother to pick him up.
"Is this how you usually work as a lawyer?" Yang Shiyu looked at the street in front of him, and said in a flat tone, "Like a little hooligan."
"You don't understand, Judge Yang." Jin Zhou put his hands in his trouser pockets carelessly, "Don't care about hooligans or not, as for the rights and interests that can be won, of course you have to take the initiative to fight for them. This is the professionalism of a lawyer. .”
Yang Shiyu withdrew his gaze and glanced at the corner of Jin Zhou's mouth, obviously recalling Jin Zhou's hooligan proposal of "a kiss for a day".
But Jin Zhou still wanted to hear Yang Shiyu's evaluation, and asked, "How did I behave just now?"
"It's okay." Yang Shiyu said, "The sentence is not wrong."
"Then where can I say wrong." Jin Zhou paused, facing the direction of the street and asked, "The case in my hand will be held in court after a while, do you want to come and listen?"
"Do you think I'm idle?" Yang Shiyu asked lightly.
That's right, Yang Shiyu, as a judge of the criminal court, went to the civil court to listen, which is indeed a bit strange.
Jin Zhou was a little disappointed, but he had long been used to Yang Shiyu's temperament, and he didn't particularly take it to heart.
The facts of the car reduction case were simple, and it didn't take long for Jin Zhou to receive a court hearing notice.
On the day of the court session, he no longer wore such fancy things as gold-rimmed glasses, and put on a dark gray suit and a plain tie in a neat manner.
Xiao Wu had seen Jin Zhou wearing a tie before, and said with a smile that this was his seal, and putting on a tie would seal his identity as a gangster.
But Jin Zhou untied his tie on the spot and cleaned up Xiao Wu.
"Lawyer Jin." Luo Xueqing met Jin Zhou at the gate of the court, looked him up and down, "You are different from the last time you talked about reconciliation today."
"Are you going to court today?" Jin Zhou moved his neck, although he was wearing a formal suit, he still spoke in the same tone, "Today I will let you see what it means that a car mechanic who can't litigate is not a good store manager. "
Luo Xueqing smiled and followed Jin Zhou into the court.
"The case of allegedly false advertising of the XX brand car XX model is now in court." The judge sitting on the trial bench knocked down the gavel in his hand.
The case was relatively small, and only one judge tried it. Jin Zhou had done his homework beforehand, and this judge was a typical peacemaker.
"The next step is to enter the court investigation stage, and the plaintiff will first state the lawsuit."
Jin Zhou picked up the materials he had prepared, and half-off-scripted a statement of the facts. Finally, when he filed the lawsuit, he attached the facts and reasons on which it was based.
His speech speed has always remained stable, and his words are full of professional legal vocabulary, completely missing the usual sloppy tone.
After Jin Zhou finished his speech, the defendant made a brief defense against the plaintiff's statement.
Attorney Li and his assistant He Yunsheng sat in the opposite dock, as well as the manufacturer's employees representing the company in court.Lawyer Li's statement is of course asking the judge to dismiss all the plaintiff's claims.
"This case is not complicated, do you really not choose to settle?" After the court investigation, the judge asked while browsing through the list of evidence.
"We have always been inclined to settle." Attorney Li said calmly, "The main reason is that the plaintiff disagrees."
What he said meant to throw the blame on Jin Zhou.
Judges have always disliked people who are looking for trouble, because there is no judge who does not want to close the case quickly.
"Plaintiff, are you really not reconciling?" The judge frowned, with dissatisfaction already in his words.
"My client is a reporter." Jin Zhou said calmly, "A reporter from the Municipal Social News Department."
After emphasizing Luo Xueqing's identity, he said again: "She doesn't care about the compensation, she just wants an explanation."
As soon as the words finished, Lawyer Li's face on the opposite side changed slightly, and he whispered a few words to the defendant's representative beside him, and the representative in suit and leather shoes frowned slightly.
"That's fine." The judge nodded recklessly, "Then we will enter the stage of court debate."
Court debate is Jin Zhou's strength, and it is also the key to this lawsuit.
He was the first to point out the inconsistencies between the brochure and the actual vehicle, each irrefutable.
However, Attorney Li is also an experienced lawyer. He advocated that the brochure is only an invitation to offer, not an offer, and he also found a tricky point, which was not mentioned in the statement of defense returned to Jin Zhou before the court. .
"Plaintiff states that the brochure says the car has city/mountain/sand terrain modes, while her car only has city and mountain modes. I must point out that on the dashboard of plaintiff's vehicle, it is evident that only city The plaintiff should have discovered the mountain model logo when buying the car, or even when picking up the car, but the plaintiff did not find out, it can only be her own negligence."
Good guy, Jin Zhou was caught off guard.
This was obviously a strategy of Lawyer Li, deliberately hiding the picture of the dashboard in a pile of messy evidence, so that Jin Zhou could not understand their thinking.
"How could I find out when I bought a car for the first time?" Luo Xueqing on the side couldn't help but answer.
Naturally, such an excuse cannot convince the judge, but the idea of rebuttal is indeed this way.
Jin Zhou immediately took out his mobile phone, found a picture on the Internet, and after hiding the key information, he handed the mobile phone to the three people in the defendant's seat: "Then I want to ask the defendant, what does this logo mean?"
The picture is a pattern of a seat with three upward arrows above the seat.
The three people on the opposite side frowned and looked at it, but did not answer immediately, Jin Zhou handed the mobile phone to the judge and the judge's assistant.
"Is this the badge on this car?" the judge asked.
"No, but it's related to this case." Jin Zhou said.
"Then do the three of you know each other?" The judge looked at the three people in the dock and asked.
"This should be to adjust the height of the seat." The defendant's representative said something, but lawyer Li probably thought it would not be so simple, and added, "Or to heat the seat."
"None." Jin Zhou put away his mobile phone and began to talk, "This sign means to inflate the seat and adjust the softness of the seat and backrest. Our defendant lawyer should be a frequent driver, let alone this The defendant’s representative even works in a car company, so the two people will have signs they don’t recognize. Then my client, Ms. Luo, who has only had a driver’s license for less than a year and who can hit a pillar in the parking lot, she doesn’t know at all. Possess the ability to recognize dashboard symbols."
As the manager of a car repair shop, Jin Zhou is very familiar with the functions of cars of various brands, so he can think of a very small car function so quickly.
Lawyer Li pursed his lips, looking at the materials in his hand solemnly, not knowing how to answer.
He Yunsheng beside him cleared his throat, and took the initiative to continue the conversation: "Buying a car is a big expense for most families, and we should be careful, and we should not use the excuse of 'carelessness, ignorance', Let’s clear up all responsibilities. Since the plaintiff bought the car for 12 yuan, she should take the initiative to ask about the things she doesn’t know clearly, after all, the shop assistant has no obligation to explain.”
"Should be asked?" Jin Zhou couldn't help feeling amused, "What is the basis for your so-called 'should'? You can point out the law to me."
He Yunsheng showed embarrassment and stopped talking.
At this stage, the outcome has been decided.
Attorney Li and the defendant's representative whispered a few words, and then signaled to the judge that they wanted the court to preside over the mediation.
Luo Xueqing should have seen that she had a good chance of winning, and before Jin Zhou could speak, she took the initiative to say: "We do not agree to mediation."
"Wait." Jin Zhou stopped Luo Xueqing, "Listen to their conditions first."
Luo Xueqing looked puzzled: "Why?"
The judge and the defendant were chatting about the terms of the settlement in the court, and Jin Zhou took Luo Xueqing to wait outside the court.
"The settlement gold they are asking now will not be only two thousand." Jin Zhou explained to Luo Xueqing.
"But," Luo Xueqing still didn't understand, "I don't care about the thousands of dollars."
"Wait first." Jin Zhou said.
Not long after, the judge came out of the court and said to Jin Zhou and the two: "They are still sincere and plan to refund the 12 car payment. What do you mean?"
"Ten, 12?!" Luo Xueqing was shocked.
Jin Zhou didn't react at all. After all, the other party was in a sure-to-lose situation, and he purposely revealed that Luo Xueqing was a reporter not long after the trial. In fact, he was implying that if the other party won the lawsuit, Luo Xueqing would report the matter.
At that time, even if the other party can take some public relations measures, Luo Xueqing is a reporter herself, and this matter will make them very difficult.
"Too little." Jin Zhou looked at Luo Xueqing's reaction, apparently shaken, and said leisurely, "We mean 50."
"Five..." This time, Luo Xueqing didn't say a word other than staring wide-eyed.
"50 is too much." The judge began to act as a peacemaker, "You don't have much compensation if you win this case, and they are willing to pay 12, which is not bad."
"However, if they report the lawsuit because of false propaganda, the loss may be more than 50 yuan." Jin Zhou said.
"Yes." The judge said helplessly, "I'll ask again."
As soon as the judge left, Luo Xueqing looked at Jin Zhou in disbelief and asked, "Will they really give 50?"
"Maybe we have to talk about it again." Jin Zhou said, "But it won't be too bad. They will definitely let you sign a non-disclosure agreement."
"But," Luo Xueqing was obviously caught in a moral choice, "I intend to remind other consumers..."
"You decide for yourself, it's okay not to reconcile." Jin Zhou said, "I'm just giving you another choice."
"Lawyer Jin," Luo Xueqing frowned, "Your choice is too embarrassing for me."
Jin Zhou waited for Luo Xueqing to think about it, and seeing the judge came out of the court again, he asked her, "What is your decision?"
Luo Xueqing hesitated for a while, and made up her mind: "I still—"
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