Outside court. 法院外。 The crowds made noise! 围观群众喧嚣不已！ „Whoops!” “哎呦！” „Did Zhang Ye win?” “张烨赢了？” „Shit! Did CCTV Channel 1 lose unexpectedly? Lost really?” “我靠！央视一套居然输了？真的输了？” „Compensates two times of wages? This was the most high standard of amount of indemnification! Because the wages have arrived late one or two Heavens/Days!” “赔偿两倍工资？这是赔偿金额的最高标准了吧！因为工资才晚到了一两天啊！” „crap! Zhang Ye also real his mother gave to win CCTV Channel 1! fucking awesome! Too fucking awesome! This held the Entertainment Circle beginning once again!” “我了个去！张烨还真他妈把央视一套给告赢了啊！牛-逼！太牛-逼了！这是又一次开了娱乐圈先河啊！” „Teacher Zhang the lawsuit, definitely has the historic importance! At least will go down in the Republic Entertainment Circle history, first time with the entertainer who TV station brings a lawsuit, but also won!” “张老师的这个官司,绝对是有历史意义的！至少会载入共和国娱乐圈史册,第一次和电视台打官司的艺人,还胜诉了！” „Lets person burning with passion really!” “真让人热血沸腾！” „Teacher Zhang is aggressive!” “张老师霸气啊！” Everybody exclaimed in surprise for this news! 大家都为这个消息而惊叹！ Outside these media reporters, first time Jiang Yuan and CCTV Channel 1 acting attorney surrounded, the issue has bombed the past all round! 外面的那些媒体记者们,也第一时间把江源和央视一套的代理律师团团围住了,问题一个一个地轰炸了过去！ „How do you lose?” “请问你们是怎么输的？” „Is CCTV Channel 1 prepared that continues to appeal to?” “央视一套有没有继续上诉的准备？” „River does Vice-Director, how you see to this ruling?” “江副总监,对这个判决结果您怎么看？” „Attorney Huo, where are you lose?” “霍律师,你们是输在哪里的？” Jiang Yuan is cloudy the face saying: „Makes!” 江源阴着脸道:“让一让！” Attorney Huo is also hanging the unnatural expression, „no comment, no comment!” 霍律师也挂着不自然的表情,“无可奉告,无可奉告！” Attorney Huo was a few words does not want to say at this moment that he thought today is heteronomy teachers and students border darkest one day, gave the devil his due, this lawsuit looked like in Attorney Huo, truly was Zhang Ye had certain superiority, after all he was a victim, was the plaintiff, court many will look after little, however, this was not absolute, the link of forensic argument was also most important, if can occupy the absolute initiative in this link, Attorney Huo believes that the winning percentage of this lawsuit was one's own is inevitably bigger, moreover don't forget, Zhang Ye may please the attorney, he not be the private prosecution, Attorney Huo. The specialized law circle public figure, facing one to the amateur person who the provision of law knows nothing about, naturally has absolutely self-confidently, he thought that one's own can win, at least 70-80% probabilities can win! 霍律师此刻是一句话都不想多说,他觉得今天是他律师生涯最黑暗的一天,平心而论,这个官司在霍律师看来,确实是张烨占据了一定优势,毕竟他是受害人,是原告,法院多少会照顾一点点,然而,这也并不是绝对的,法庭辩论的环节也是重中之重,如果能在这个环节占据绝对的主动,霍律师相信,这场官司的胜率必然是自己这边大一些,而且别忘了,张烨可没请律师,他是自诉,霍律师一个。专业的法律界人士,面对一个对法律条文一窍不通的外行人,当然是有绝对自信的,他觉得自己能赢,至少有七、八成的几率会赢！ May, they lose loses here! 可偏偏,他们输就输在了这里！ Attorney Huo forever is unable to forget today one on court, he even arrived debated link final finally knows, Zhang Ye was unexpectedly riper than him to provision of law his mother!! 霍律师永远也无法忘记今天法庭上的一幕,他甚至到了辩论环节最后的最后才知道,张烨对法律条文竟然他妈比他还要熟！！ ...... …… Before three hours. 三个小时前。 Court. 法庭。 The clerks said: „Lawsuit will soon hold a court hearing, be please solemnly silent! Now invites the litigant and legal representative enters the courtyard.” 书记员道:“诉讼案即将开庭审理,请肃静！现在请当事人及其诉讼代理人入庭。” Zhang Ye walks, stands the plaintiff seat. 张烨走上来,站到原告席。 Jiang Yuan and Attorney Huo also enter the stadium, to defendant's seat. 江源和霍律师同时入场,到了被告席。 Only listens to the clerk expression to say seriously: „Now reads out the court discipline: 1 st, appears in court all personnel to obey the umpire to unify to direct, the same closure communication facilities, observe the court order, does not permit smoking. 2 nd, audit personnel must maintain solemnly silent, can not clamor and applaud, digression, can not enter the trial area......” altogether 45 to read, end, he turned around, „all stand up, asking the umpire to take a seat.” 只听书记员语气严肃道:“现在宣读法庭纪律:1、到庭所有人员应听从审判员统一指挥,一律关闭通讯工具,遵守法庭秩序,不准吸烟。2、旁听人员必须保持肃静,不得喧哗、鼓掌、插话,不得进入审判区……”一共45条念完,末了,他一转身,“全体起立,请审判员入席。” Then, the court starts holding court procedure. 然后,法庭开始走开庭程序。 The plaintiffs introduced that the defendant as well as the agent introduced. 原告介绍,被告以及代理人介绍。 Then, court investigation starts, first was stated the lawsuit request as well as the fact and reason by the plaintiff. 接着,法庭调查开始,先由原告陈述诉讼请求以及事实和理由。 Zhang Ye opened the mouth, „before five day, I when CCTV Channel 1 hold an office......” 张烨开了口,“五日前,我在央视一套任职期间……” From the beginning is procedure -type thing, fair that Zhang Ye said that That side Attorney Huo is also same, this does not belong to debate the link, but also is only a statement process, to the presiding judge umpire and the others understood that matter process, this process is very slow, walked a half hour of flow. 一开始就是程序式的东西,张烨说的中规中矩,霍律师那边也一样,这不属于辩论环节,还只是一个陈述过程,是给审判长审判员等人了解事情经过的,这个过程很慢,足足走了半个小时的流程。 The presiding judge inquired. 审判长提问。 Zhang Ye answered. 张烨作答。 The presiding judge inquired. 审判长提问。 Attorney Huo answered. 霍律师作答。 After all statements, finally, the plaintiff defendant debated the link to start mutually! 当所有陈述过后,终于,原告被告互辩环节开始！ Attorney Huo is frank, first leaves a move of [say / way]: „I want to ask the plaintiff, you know first time that the wages have not arrived, why does not communicate with my agent side beforehand, it is well known, you were also the veteran of television circle, has gone through several TV station and units of work, said according to the common sense, you should not know these flows, if financial System had the problem, us was very difficult first time verification, if because the System issue late sent day of wages to sue for damages two months of salary by the request, we are unable to accept absolutely! We even retain make a countersuit the plaintiff to have the right of cheat suspicion!” 霍律师嘴快,先出招道:“我想请问原告,你知晓工资未到的第一时间,为何不与我代理人一方事先沟通,众所周知,你也是电视圈的老资格了,辗转过好几个电视台和工作单位,按照常理讲,你不应该不知道这些流程,如果财务系统出现问题,我们这边是很难第一时间查证的,如果就因为系统问题晚发了一天工资就被要求索赔两个月薪金,我方是绝对无法接受的！我方甚至保留反诉原告有欺诈嫌疑的权利！” At this moment, Zhang Ye that just now also drowsily has gone by the book all of a sudden probably changed person, the eye has also shone, the body has also straightened up, probably a sharp sword has pulled out from the scabbard, spiritual hundred times, „, you then said.” 这一刻,方才还一直昏昏欲睡照本宣科的张烨一下子好像变了一个人似的,眼睛也亮了,身子也挺直了,好像一把利剑从剑鞘里抽了出来,精神百倍,“嗯,你接着说。” Then said? 接着说？ What was you then says! 什么叫你接着说啊！ A male umpire takes a look at him. 一个男审判员瞅瞅他。 Attorney Huo is not familiar with, he with the person has filed the lawsuit 100 has not been dozens, however opponent may be the attorney of professional institution, did others which attorneys speak do not fit together perfectly? Isn't presses hard on? „You then said that” this saying makes the person listen on a little dumbfounded . 霍律师也是不太习惯,他跟人打过的官司没有100场也是几十场了,然而对手可都是专业机构的律师,人家哪个律师说话不是严丝合缝的？不是句句紧逼的？“你接着说”这话让人听着就有点哭笑不得。 Ok, who lets is amateur! 算了,谁让是外行呢！ Oh, brings a lawsuit with amateur is tired, is non-specialized! 唉,跟外行打官司就是累啊,太不专业了！ Attorney Huo in the heart is more assured, he currently had 80%-90% odds of success, only said: „Here has several testimony, is CCTV finance department the testimony of staff, they can show that on the same day when it happened the plaintiff did not contact with us in the way of communication, but has carried on the serious insult by an way of insult and interrogation to our affairs personnel with the personal attack, this also indirectly created has provided the issue unable as a result of the wages that the System breakdown caused in the first time solution, for this reason, the plaintiff had the faced responsibility!” 霍律师心中更加笃定,他现在已经有了八九成的胜算了,只道:“我这里有几份证词,是央视财务部门的员工的证言,他们能证明,事发当天原告并不是以沟通的方式与我方接触的,而是以一种辱骂和质问的方式对我方财务人员进行了严重的侮辱与人身攻击,这也间接造成了由于系统故障而导致的工资发放问题没有能在第一时间解决,为此,原告有不可推卸的责任！” The evidence assumes. 证据呈上去。 The presiding judge and umpire looked. 审判长和审判员都看了看。 The presiding judge asked that „what plaintiff does have to explain?” 审判长问,“原告有什么解释？” Zhang Ye also saw the evidence, smiles, looks that Attorney Huo said: „Your mother is your mother, you - big - master is you - big - master, is this saying curses at people? How can't I listen?” 张烨也看到了证据,笑笑,看着霍律师道:“你妈是你妈,你-大-爷是你-大-爷,这话是骂人吗？我怎么听不出来？” Attorney Huo said immediately: „I protested that the opposite party has the insulting words.” 霍律师立即道:“我抗议,对方带有侮辱性言辞。” The presiding judge said: „Protest is effective.” 审判长道:“抗议有效。” Zhang Ye said: „Presiding judge, the evidence that just the defendant showed is only unilateral quoting out of context, here testimony, had also demonstrated the complete process of accident, I have not arrived at account first time and opposite party affairs personnel in the wages exchange, the opposite party first on the grounds of arriving at the point gets off work the rejection examines wages situation for me, latter also has no right consult to refuse to investigate the detailed reason on the grounds of them, finally, but also makes my one's own draw up my wages not to arrive at the proof of account to the relevant authority, and also requests me to show that my pay card is my pay card, under this situation, I also requests the opposite party to draw up her to hold true by me. Draws up the proof of proof, and and so on proves, your mother is your mother you big - master is you big - the proof of master, during this, our communications is very smooth and harmonious, what did to come curse at people a saying?” 张烨道:“审判长,刚刚被告出示的证据只是单方面的断章取义,我这里也有一份证词,显示了事发的全部经过,我在工资未到账的第一时间与对方财务人员进行交流,对方先以到点下班为由拒绝为我查看工资情况,后又以他们无权查阅为由拒绝调查详细原因,最后,还让我自己到相关部门开具我的工资没有到账的证明,并且还要求我证明我的工资卡是我的工资卡,在这个情况下,我也要求对方开具她有什么理由让我。开具证明的证明,并且以此类推论证到,你妈是你妈你大-爷是你大-爷的证明,在这个期间下,我们的沟通十分流畅且和谐,何来骂人一说？” Did this call the communication harmony? 这叫沟通和谐？ Harmonious your younger sister! 和谐你妹啊！ The people in visitors'gallery: „......” 旁听席的人都:“……” Attorney Huo said immediately: „The opposite party words insulted again, I protested.” 霍律师马上道:“对方言辞再次侮辱,我抗议。” After looking evidence that Zhang Ye has given, presiding judge time silent one second, „protest is invalid!” 看过张烨给出的证据后,审判长这一次沉默了一秒钟,“抗议无效！” In situation that under the relevant evidence also in other words, the court support provides in Zhang Ye, his words do not curse at people, therefore has rejected Attorney suddenly protest. 也就是说,法庭支持在张烨提供的相关证据下的情境中,他的话并非骂人,所以驳回了霍律师的抗议。 „Thanks the presiding judge.” Zhang Ye continues saying: „The defense repeatedly stressed that the matter is because my reason causes, letting the person has to suspect that its motive and goal, I some reasons believe now, the behavior that the defense falls behind my wages is from the beginning deliberate, but is not the so-called System issue.” “谢谢审判长。”张烨继续道:“被告方一再强调事情是因为我的原因才导致的,让人不得不怀疑其动机和目的,我现在有理由相信,被告方拖欠我工资的行为在一开始就是有预谋的,而不是所谓的系统问题。” Attorney Huo frowns, „asked plaintiff to produce the relevant evidence!” 霍律师蹙眉,“请原告拿出相关证据！” „Good, I applied to submit evidence.” Zhang Ye takes a thing, „this is the wage statistics of entire CCTV and provides the data, the evidence originates me unable to disclose temporarily, but I ensure this evidence the authenticity, can verify casually, the evidence showed that entire CCTV Channel 1 all active employees, be only my wages have not sent, is not System makes a mistake independently, when the same day when it happened afternoon 2.05 17 seconds, System of my wages inputs by artificial changing one time, and in 2.09 time sharing, by artificial changing the second time, this causes the immediate cause that my wages have not sent!” CCTV was busy guiding public opinion and crisis public relations for serveral days, Zhang Ye may not idle. “好,我申请提交证据。”张烨拿上来一份东西,“这是整个央视的工资统计和发放数据,证据来源我暂时不能透露,但我保证该证据的真实性,可以随便核实,证据显示,整个央视一套的所有在职员工,只有我一人工资未发,并非系统自主出错,而是在事发当天的下午2.5分17秒时,我工资的系统录入被人为修改过一次,并且在2.9分时,被人为修改过第二次,这就是导致我工资未发的直接原因！”央视这些天都在忙着引导舆论和危机公关,张烨可也没有闲着。 The Jiang Yuan complexion a little sinks, he listens to know, this evidence definitely real! 江源脸色有点沉,他一听就知道,这证据肯定是真的！ Attorney Huo has not thought completely! 霍律师也完全没想到！ CCTV Channel 1 wages System data? How many point how many minute of detailed operations? How Fuck you attain! Is which internal personnel is giving Zhang Ye to work as the planted agent?? 央视一套的工资系统数据？还有几点几分的详细操作？我草你丫怎么拿到的啊！是哪个内部人员在给张烨当内应？？ In fact they do not know that let alone CCTV wages System of finance department, is official website Zhang Ye of Republic of Korea government is round trip free, this System defends, can block a world to place the third, nowadays world to post a reward amount highest world-class Hacker? 实际上他们根本不知道,别说央视的一个财务部门的工资系统了,就是韩国政府的官方网站张烨都是来去自如啊,就这点系统防御,怎么挡得住一个世界排名第三、现今世界悬赏金额最高的世界级黑客？ Presiding judge and the others glanced through the evidence, is exchanging in a low voice. 审判长等人翻阅证据,相互低声交流着。 Attorney Huo counter-attacks saying: „First, the authenticity of this evidence I proposed the serious suspicion, next, the artificial changing reason had, perhaps was the fault that the staff operated by mistake create, without the evidence demonstration was the artificial premeditation, cannot therefore make to the plaintiff advantageous subjective judgment!” 霍律师反击道:“首先,这份证据的真实性我提出严重怀疑,其次,人为修改的原因有很多,或许系工作人员误操作造成的失误,没有证据显示是人为预谋的,不能因此就做出对原告有利的主观判断！” This evidence is very disadvantageous to them, even if the evidence authenticity had not tried to prove by the presiding judge, but also enough brings not a good suggestion to the judge . Moreover, Attorney Huo from the Jiang Yuan expression also looked, this evidence could not withstand the verification, definitely real, therefore, Attorney Huo anxiously must also reverse the aspect, said: „I must supplement again an evidence, this is the work contract that the plaintiff and CCTV sign.” 这份证据对他们很不利,即使证据真实性还没有被审判长求证,但也足够给法官带来一个不好的暗示,况且,从江源的表情上霍律师也看出来了,这证据根本经不起查证,肯定是真的,于是,霍律师也急着要扭转局面,道:“我要再补充一份证据,这是原告与央视签订的劳务合同。” The evidence takes. 证据拿上来。 Presiding judge and the others look like. 审判长等人看起来。 Only listens to Attorney Huo saying: „The contract second page fifth as well as the ninth explicit demonstration, plaintiff and CCTV Channel 1 relations by no means purely personally fatigue duty relations with enterprise, but is cooperation under a contract promise, as can be seen, the plaintiff proposed retains a major part copyright of his program creation, but cooperates with CCTV under this premise, co-management program, and does not request the bonus, the form of this cooperation, eliminates the copyright ownership that the duty has created, said from the fundamental significance, CCTV did not have to be Zhang Ye provides the wages the duty, because, the plaintiff provided the program creativity to manufacture program, but CCTV provided the platform, provided. The personnel, help publicity, other copyright incomes after program operation, was the wages of Zhang Ye practical significance in the contract labelling, did not need to pay again, but we have deferred to stage a kind of Host base wage to pay the Zhang Ye wages, was only the favour, was not a duty, therefore the amount of indemnification of plaintiff request, we cannot pay!” 只听霍律师道:“合同第二页第五条以及第九条明确显示,原告与央视一套的关系并非纯粹个人与企业的劳动服务关系,而是一种合同约定下的合作关系,可以看到,原告提出了保留他节目创作的一大部分版权,而在这个前提下与央视合作,共同经营节目,并且不要求奖金,这种合作的形式,摒除了职务创作的版权归属,从根本意义上讲,央视也没有为张烨发放工资的义务,因为,原告提供节目创意制作节目,而央视提供平台,提供。人员,帮助宣传,节目运作后的其他版权收益,本来就是合同上标注的张烨实际意义的工资了,无需再行支付,而我方一直按照台里一类主持人的工资基数发放张烨工资,只是人情,并非义务,所以原告方要求的赔偿金额,我们不能予以支付！” To this crucial point, truly started puts together the legal knowledge the time, is the genuine battlefield! 到了这个节骨眼,才是真正开始拼法律知识的时候,才是真正的战场！ Attorney Huo had been anticipating this link, the difference of amateur public figure and professional manifested in this content! 霍律师一直期待着这一环节,业余人士和专业人士的区别就体现在这个内容上了！ Zhang Ye pissed off, did not say lightly: „National human resources and wages payment law of social security unit stipulated: Regardless of the regular worker or the service dispatch the labor, so long as is engaged in the same content work, putting in the isometric work, should obtain the same rank the wages and benefits, I during CCTV Channel 1 in office, is not only engaged in the Host work, and holds a concurrent post of column Chief Director, Master Planning and other duties, should obtain the corresponding payment for labor, but is not copyright defense behavior the wages of practical significance, the copyright is in itself me, what came my one's own to pay a one's own wages saying?” 张烨也不生气,淡淡道:“国家人力资源和社会保障部的工资支付法律规定:无论正式工还是劳务派遣工,只要从事相同内容工作、付出等量劳动,就应该获得同级别的工资待遇,我在央视一套在职期间,不仅从事主持人工作,并且兼任栏目总导演、总策划等相关职务,理应获得相应的劳动报酬,而并非版权这个被告方所为的实际意义的工资,版权本身属于我,何来我自己支付自己工资一说？” Well? 咦？ This goods very can pull! 这货挺能扯啊！ Jiang Yuan is a little accidental, has not thought that Zhang Ye can meet to incur really! 江源有点意外,没想张烨真能接招！ Attorney Huo slightly is also startled, turns one before body big to pile the document fast, lowers the head to read: „Copyright law Article 16 Paragraph 2 stipulated that the special duty work, is uses the material technique condition manufactures of other legal people or organizations, and is undertaken the responsibility engineering design chart, product design chart, map and computer software and other duty works by other legal people or organizations, or the legal and administrative rules and regulations stipulation or the contract promise copyright the duty work that is enjoyed by other legal people or organizations. The author of special duty work enjoys the signature power, the other rights of copyright owner are enjoyed by other legal people or organizations!” 霍律师也微微一怔,又快速翻着身前的一大摞文件,低头读道:“著作权法第16条第2款规定,特殊职务作品,是利用法人或其他组织的物质技术条件制作,并由法人或其他组织承担责任的工程设计图、产品设计图、地图、计算机软件等职务作品,或法律、行政法规规定或合同约定著作权由法人或者其他组织享有的职务作品。特殊职务作品的作者享有署名权,著作权人的其他权利由法人或者其他组织享有！” Zhang Ye visits him saying: „I must remind the defendant and defendant acting attorney, in the contract has demonstrated and agreed explicitly, this is by no means special the duty work, but only generally has the duty work under agreement, the copyright law stipulated: Generally the duty work, its copyright is enjoyed by the author, but other legal people or organizations have the right first to use in the business scope. And I must explain that the copyright agreement allocation plan has manifested in the work contract! Under any premise of agreement dispute, the defendant has not protested the wages, itself contradicts with the labor law!” 张烨看着他道:“我要提醒被告和被告代理律师,合同中已经明确显示并约定,这并非特殊职务作品,而仅是一般带有约定下的职务作品,版权法规定:一般职务作品,其著作权由作者享有,但法人或者其他组织有权在业务范围内优先使用。并且我要说明,版权约定分配方案已经在劳务合同中有所体现！在已经没有任何约定争议的前提下,被告拒付工资,本身就与劳动法相悖！” Attorney Huo just about to speaks. 霍律师刚要说话。 Zhang Ye said again: „«Labor law» stipulated that the worker is authorized under the labor contract and national relevant law obtains the work salary. The right of gain work salary is worker continues to exercise the right to work necessary material safeguard. According to «Ministry of Labor's Opinion second about Execution Labor law»: Republic domestic enterprise, individual economy organizes with the workers, so long as forms the labor exchange, namely the worker in fact became the enterprise and member of individual economy organization, and provides the paid work for it, is suitable for the labor law!” 张烨再次道:“《劳动法》规定,劳动者有权依照劳动合同及国家有关法律取得劳动薪酬。获取劳动薪酬的权利是劳动者持续行使劳动权不可少的物质保证。根据《劳动部关于执行劳动法的意见》第二条:共和国境内的企业,个体经济组织与劳动者之间,只要形成劳动关系,即劳动者事实上已成为企业、个体经济组织的成员,并为其提供有偿劳动,适用劳动法！” Attorney Huo said immediately: „Labor law......” 霍律师立刻道:“劳动法……” The Zhang Ye interruption said: „I when CCTV Channel 1 holds an office, was the defendant has created the economic value, was the defendant has put in the solid work, both sides' service relations were indisputable, then, as the official staff of defendant, I had the reason to request the defendant to pay our wages!” 张烨打断道:“我在央视一套任职期间,为被告创造了经济价值,为被告付出了实在的劳动,双方的劳务关系不可置疑,那么,作为被告的正式员工,我有理由要求被告支付我方工资！” Attorney Huo interposed: „Plaintiff......” 霍律师插话道:“原告的……” Zhang Ye also first said: „According to our country «Labor law»......” 张烨又抢先道:“根据我国《劳动法》……” Several times were rushed to speak the first interruption, Attorney Huo was angry, „judge, I protested the opposite party......” 被几次抢话打断,霍律师恼了,“法官,我抗议对方……” Zhang Ye fourth time breaks him, „I have not appealed that asking the defendant do not break!” 张烨第四次打断他,“我还没申诉完,请被告不要打断！” The presiding judge looked at Attorney Huo, „protest is invalid! The plaintiffs continue to appeal.” 审判长看了看霍律师,“抗议无效！原告继续申诉。” Attorney Huo the face was blue! 霍律师脸都青了！ Zhang Ye was incessant , to continue: „In our country «Labor law» 50 th ‚falls behind for no reason’ should understand is, intentionally of the employer not warrant in stipulating time does not pay the worker wages! Ministry of Labor «Additional regulations fourth of Related Issue to <\; Wages Payment Temporary provisions >\;», regarding has made the removed stipulation ‚for no reason’: Falls behind the worker wages not to include for no reason: ( 1 ) the employer meets natural disaster, war that and other reasons the impersonal force can resist, is unable to pay the wages on time \; ( 2 ) the employer was affected due to production operation difficulty and turnover of capital, after soliciting this unit trade union agrees, may pay the worker wages temporarily expired, postpones the longest limit of time to be possible by various province, autonomous region and municipality labor security administrative department to act according to each region situation determination. Under other situation falls behind the wages is for no reason to fall behind!” 张烨滔滔不绝,继续说:“我国《劳动法》第50条中的‘无故拖欠’应理解为,用人单位无正当理由在规定时间内故意不支付劳动者工资！劳动部《对〈工资支付暂行规定〉有关问题的补充规定》第四条,对于‘无故’作了排除性规定:无故拖欠劳动者工资不包括:（1）用人单位遇到非人力所能抗拒的自然灾害、战争等原因,无法按时支付工资\;（2）用人单位确因生产经营困难、资金周转受到影响,在征得本单位工会同意后,可暂时过期支付劳动者工资,延期时间的最长限制可由各省、自治区、直辖市劳动保障行政部门根据各地情况确定。其他情况下拖欠工资均为无故拖欠！” This thinks that this Zhang Ye said. 本以为这次张烨说完了。 Attorney Huo just a speech, „regarding plaintiff......” 霍律师刚一说话,“对于原告的……” Finally Zhang Ye has not said that this male servant is intentionally and other Huo attorneys interposes probably, finally the opposite party just an start to talk, Zhang Ye continued saying: „However this company has not met natural disaster, war that and other reasons the impersonal force can resist unable to pay the wages on time, does not come under the influence unable to pay the wages therefore defendant because of the production operation difficulty and turnover of capital to have no reason not to pay my wages on time!” 结果张烨还没说完,这厮好像是故意等霍律师插话呢,结果对方刚一开口,张烨就继续道:“而该公司并没有遇到非人力所能抗拒的自然灾害、战争等原因无法按时支付工资,也不是因生产经营困难、资金周转受到影响无法按时支付工资因此被告没有理由不支付我工资！” Attorney Huo exploded with rage, „plaintiff......” 霍律师气炸了,“原告的……” Zhang Ye is calm and composed, does not know that many interruptions said: „Ministry of Labor about printing and distributing «Violates And Terminates Labor contract the notice of Economic compensation Means» indicated that the employer embezzlement or falls behind the worker wages for no reason, as well as refused to pay the worker to lengthen the work time wages reward, besides the sum total in stipulation time paid the worker wages reward, but must send the certain extent the economical compensatory payment!” 张烨神色自若,第不知道多少次打断道:“劳动部关于印发《违反和解除劳动合同的经济补偿办法》的通知表示,用人单位克扣或者无故拖欠劳动者工资的,以及拒不支付劳动者延长工作时间工资报酬的,除在规定的时间内全额支付劳动者工资报酬外,还需加发一定程度的经济补偿金！” The presiding judge is staring at Zhang Ye. 审判长盯着张烨。 Several umpires have looked at each other one. 几个审判员对视了一眼。 The person on surrounding court staff and visitors'gallery also listened silly! Was listens really silly! 周围的法庭工作人员和旁听席上的人也都听傻了！真的是听傻了！ Moreover they discovered at this time unexpectedly that Zhang Ye has not been lower than a time head from beginning to end, because he is different from Attorney Huo, he absolutely does not have script, all was closes right up against opens mouth said there! 而且他们此时居然发现,张烨自始至终都没有低过一次头,因为他跟霍律师不一样,他根本就没有稿子,全是靠着一张嘴在那里说！ A specialized attorney, takes script to stutter unable to interpose there! 一个专业律师,拿着稿子在那里结结巴巴插不上话！ An amateur plaintiff, is completed there unexpectedly, provision of law one after another! 一个业余的原告,竟在那里脱稿,法律条文一个接着一个！ Fuck! 我草啊！ situation develops with thinking is different! 情况发展跟想的不一样啊！ This his mother who is specialized attorney feeds!! 这他妈谁才是专业律师啊喂！！ Zhang Ye was still saying: „In view of the fact that this matter public opinion disturbance is continuous, the social impact is huge, I have is very serious to the influence and pressure that I requested that the court grasps protection weak one principle in the labor law, the protection worker principle that also «And in Voluntary a series of stipulations for our country constitution second chapter of Citizen Right» of embodies, and requests the defense to apologize the supplement amount of indemnification to two times of wages as well as my spiritual cost of the loss 1 Yuan this symbolic comforting digit, requested that the court supports my lawsuit request!” 张烨还在说:“鉴于此事舆论风波持续不断,社会影响巨大,对我本人造成的影响和压力十分严重,我请求法庭秉持劳动法中的保护弱者原则,也即为我国宪法第二章《公民的权利和义务》中一系列规定体现的保护劳动者原则,追加赔偿金额到两倍工资以及我个人的精神损失费1元这个象征性的宽慰数字和要求被告方道歉,请求法院支持我的诉讼请求！” Attorney Huo is staring at Zhang Ye angry, when he continued. 霍律师气恼地盯着张烨,等他继续说。 Zhang Ye said: „Um......” 张烨道:“嗯……” One second...... 一秒钟…… Two seconds...... 两秒钟…… Three seconds...... 三秒钟…… Finally Zhang Ye this time said unexpectedly! 结果张烨这次居然说完了！ However Zhang Ye chicken thief on chicken thief in him had not revealed that one's own said meaning, after these words, he looks at the direction of defendant, after Qing settled the throat , the lip also moves slightly, but also um one, to Attorney Huo and Jiang Yuan their feelings is the feeling that Zhang Ye has not said that therefore they in! 但是张烨鸡贼就鸡贼在他没有表露自己说完了的意思,那些话过后,他还是看着被告的方向,清了清嗓子后嘴唇也是微微动动,还嗯了一声,给霍律师和江源他们的感觉是张烨还没说完的感觉,所以他们都在等！ Until the presiding judge spoke, „the defense do not protest?” 直到审判长说话,“被告方没有要申辩的了？” Then, Attorney Huo responded that he made Zhang Ye suspending one, he knows one's own after and other Zhang Ye said launched the counter-attack, may the atmosphere actually, the judge actually not know on the spot, what everybody saw, Zhang Ye has indicated that finally Attorney Huo and a Jiang Yuan defendant side quite a while does not speak obstinately, probably saying hoodwinked by Zhang Ye said that has been in the wrong, these was fallen the hinayana by them, in the imposing manner has defeated! 这下,霍律师才反应过来,靠,他又让张烨给摆了一道,他知道自己是在等张烨说完后展开反击,可现场气氛却不是啊,法官却不知道啊,大家看到的是,张烨已经表述完毕了,结果霍律师和江源的被告一方愣是半天都不吭声了,好像是被张烨给说蒙了说得理亏了似的,这一下就让他们落了下乘啊,气势上已经败了啊！ Attorney Huo has a big shock! 霍律师心里大惊失色！ Went bad! Had a low opinion of the enemy! 坏了！轻敌了！ This time was really Yingouli capsizes! 这次真是阴沟里翻船了啊！ Who said that this grandson is his mother Host? Who said that this grandson is his mother Mathematician(s) Writer? Language logic, language art, psychological warfare, even is the provision of law and relevant law knowledge, Attorney Huo shocking discovered at this moment that this goods are unexpectedly more specialized than one's own!? 谁说这孙子是他妈主持人的？谁说这孙子是他妈数学家文学家的？语言逻辑,语言艺术,心理战,甚至是法律条文和相关法律知识,霍律师此刻才震惊地发现,这货居然比自己还要专业！？ These many articles you carry? 这么多条文你怎么背下来的啊？ You do not need to look script does not need to read the material?? 你都不用看稿子不用看资料的吗？？ Moreover some debated the provision of law that extemporaneously raises, your his mother can also have words at fingertips and write with facility to stammer unexpectedly not to hit to quote? Fuck won't you give to carry the entire constitution civil law article?? 而且有些即兴辩论提出来的法律条文,你他妈居然也能信手拈来连磕巴都不打一下就引用过来了？我草你不会是把整个宪法民法条文都给背下来了吧？？ However, actually Attorney Huo does not know that he guessed right really! 然而,其实霍律师不知道,他真的猜对了！ Zhang Ye this abnormal, has used day of time yesterday, really did not fall to the ground to carry all constitution civil law one characters of this world!! 张烨这个变-态,在昨天用了一天的时间,真的把这个世界的所有宪法民法都一字不落地背下来了！！