Chapter 347 must listen obedient( asked monthly ticket) 第347章听话要听音(求月票) Hearing is bored as always. 庭审现场还是一如既往的无聊。 After all looks that two people continually submit the evidence there, then various opposite party types denied, will feel in the mind regarding the reflection of attorney collapsed all of a sudden. 毕竟看着两个人在那里不断地提交证据,然后对方各种否认,就会感觉心目中对于律师的映象一下子倒塌了。 Naturally, this very obviously because of hyping to come to look. 当然,这很明显是因为炒作而进来看的。 But regarding Zhou resolute audience master, they have watched the beforehand hearing live broadcast, therefore is very clear, the hearing is really such bored. 而对于周毅的观众老爷来说,他们很多都看过之前的庭审直播,所以很清楚,庭审真的就是这么无聊。 It is not such that in the soap opera develops, the attorney is fervent above, sound big can probably a house collapsing be well-founded. 不是电视剧里演的那样,律师在上面慷慨激昂,声音大的好像能把房子震塌就有理由。 Court hearing, must speak the evidence. 法院庭审,还是要讲证据。 The person who has attended the hearing actually regarding presenting evidence to question witnesses the link too not to understand. 很多参加过庭审的人其实对于举证质证环节是不太理解的。 For example Zhou resolute who in this hearing, the week first puts out two evidence that is not they knows very well to test the evidence time joyfully, and testing report of third party examination organization. 比如在这一次的庭审中,周欣然首先拿出的两份证据并不是他们所熟知的周毅测试证据,以及第三方检测机构的检测报告。 But is anything, the first evidence is the lotus root piece company issued that the evidence of lotus root piece cell phone, showed that the lotus root piece cell phone is produces the sales by the lotus root piece company the cell phone. 而是什么,第一份证据是藕片公司发布藕片手机的证据,证明藕片手机就是由藕片公司生产销售的手机。 One pile of purchase invoices that in the second evidence is Zhou resolute stays at an inn buys cell phone attains after the line of lotus root piece company, the third evidence is one pile of lotus root piece cell phones that the scene will not have broken a seal breaks a seal, and distributes to the employee the video that starts to test. 第二份证据是周毅在藕片公司的线下店里买手机后拿到的一堆购物发票,第三份证据则是现场将没有拆封的一堆藕片手机进行拆封,并且分发给公司员工开始测试的视频。 These two evidence must show, the company tests the cell phone that uses, buys directly from the lotus root piece company, has not followed any procedure/program, tests directly. 这两份证据则是要证明,公司测试所用的手机,就是从藕片公司直接买来的,没有经过任何程序,直接进行测试。 In this issue, before Zhou resolute, lets the employee conducts the test time, made them photograph own cell phone test result, that evidence very obviously is unusable. 这里面有一个问题,周毅之前让公司员工进行测试的时候,曾经让他们拍摄过自己的手机测试结果,那个证据很明显是不能用的。 Initially made the notarization to be returned, because did not have the prerequisite these procedures, you are unable to show that says APP that in these cell phones so-called cannot delete to install by the cell phone manufacturer. 当初去做公证就被打了回来,因为没有前置的这些程序,你无法证明说这些手机里所谓不能删除的APP都是由手机厂商装进去的。 Therefore, attains the court evidence, only then the test results of these new cell phones. 所以,拿到法庭上来的证据,只有那些新手机的测试结果。 Is good has the slow application in...... these cell phones. 好在……这些手机里都有慢应用。 In has not contacted the person of lawsuit to look like this is the matter of doing the unnecessary, our cell phone how possibly the thing that installs these unable to unload. 在很多没有接触过诉讼的人看来这就是脱裤子放屁的事儿,我们的手机咋可能自己装那些不能卸载的玩意呢。 But this actually must evidence, because you have not possibly done, refers to the uncertain dealer doing that. 但这其实是必须的证据,因为你可能没有做,指不定经销商就会这么做。 Attention, what here said is the dealer, store that rather than lotus root piece company run. 注意,这里说的是经销商,而不是藕片公司自己经营的直营店。 Therefore the opposite party naturally to these evidence is unobjectionable. 所以对方自然对这些证据都是无异议的。 Then is the key evidence, the test video, tests in the cell phone some preassemble software unable to unload, and test result of third party professional institution. 然后便是关键的证据,测试视频,测试手机内有的预装软件无法卸载,以及第三方专业机构的检测结果。 „Is unobjectionable regarding the authenticity of evidence, but has the objection to the proof effort!” “对于证据的真实性无异议,但是对证明力度有异议！” Why has the objection, Attorney stretch/open opens the mouth to say directly: „The first point, testing the sample are too few, only tested the cell phone of sole model.” 为什么有异议,张律师直接开口道:“第一点,测试样本太少,只测试了单一型号的手机。” „Second, unloaded in the way to choose in the screen unloading and application management the unloading and other ways, has not selected other unloading methods, therefore our proof efforts to two evidence did not approve!” “第二点,卸载方式上只是选择了屏幕卸载和应用管理内卸载等几种方式,并没有采用其他的卸载方式,所以我方对两份证据的证明力度不予认可！” What do you mean, my cell phone that has other unloading methods, but in your video is useless, therefore the you video can only show that these preassemble software are unable in the method with test to unload, but cannot show that these preassemble software definitely are unable to unload! 什么意思呢,我这手机那是有其他的卸载方法的,但是你视频中没有用,所以伱的视频只能证明这些预装软件无法用测试中的方法进行卸载,而不能证明这些预装软件完全无法卸载！ Like this should be able to understand. 这样子应该能明白了吧。 How as to unload, that definitely has, cell phone manufacturer regarding own product, if this method does not even have, that also plays a hammer. 至于怎么卸载,那肯定是有的,手机厂商对于自己的产品,如果连这点方法都没有,那还玩个锤子。 This presents evidence the questioning witnesses stage, side Dazhuang has not spoken. 这是举证质证阶段,方大状没说话。 The eating melon people that however watches the live broadcast could not a little have borne. 但是观看直播的吃瓜群众已经有点忍不住了。 „Fog grass, this mother is quibbling, used so many method unloading unable to unload, this we unloaded the software on oneself cell phone, but can also study the programming?” “雾草,这尼玛是在狡辩吧,都用了那么多的方法卸载都卸载不了,这我们卸载自己手机上的软件,还得学编程？” „This is the hearing, how I felt how...... to feel some people in persistently unreasonable, how side Dazhuang has not spoken, I felt that I must there, it is estimated that quickly turn into the large-scale acrobatic fighting.” “这就是庭审嘛,我咋感觉……咋感觉有人在蛮不讲理呢,方大状咋还不说话,我感觉我要在那里,估计很快会变成全武行的。” Different with being filled with righteous indignation of netizens, Zhou resolute is very indifferent, the big brother who even also audits with the side started to discuss this inside logical relation. 和网友们的义愤填膺不同,周毅很淡然,甚至和身边同样来旁听的大哥开始讨论这里面的逻辑关系了。 So long as can push logically, others debates you cannot say that has the issue. 只要从逻辑上能推出来,那人家的辩论你就不能说有问题。 Quick, questioned witnesses, today's hearing judge Wang Pengju opens the mouth saying: „Below starts the forensic argument.” 很快,质证完毕,今天的庭审法官王鹏举开口道:“下面开始法庭辩论。” Finally to this step, side Dazhuang moved a wrist/skill, making opposite Zhang Minghua stare in a big way the eye suddenly. 终于到了这一步,方大状活动了一下手腕,让对面的张明华突然瞪大了眼睛。 The debate debated, but begins outmoded! 辩论就辩论,可不兴动手啊！ With in the demon, one is Xing debates the domain big shot, one is the civil domain expert, Zhang Minghua is the story of very clear this peer. 同在魔都,一个是刑辩领域的大佬,一个是民事领域的牛人,张明华可是很清楚这位同行的故事。 The criminal domain, is always has the conflict the disaster area, such and such attorneys just gave the defendant to defend to go out are beaten by the victim's family member crazily, or such and such attorneys visit to seek the understanding, actually by victim's family member suddenly/violently to beat up...... 刑事领域嘛,一向都是发生冲突的重灾区,某某律师刚刚给被告辩护完出门就被受害人家属狂殴,或者某某律师登门寻求谅解,却被受害人家属暴揍…… Even is such and such attorneys on the court, because defends successfully audited victim's family member beats severely...... 甚至是某某律师在法庭上因为辩护成功而被旁听的受害人家属痛打…… Really should not be too many, why many attorneys do not want to be Xing to debate now, even if did still came according to the situation, symbolically debated, because of this. 真的不要太多,为什么很多律师现在不想去做刑辩了,或者就算是做了也是根据情况来,象征性地辩一辩,就是因为这。 You gave a criminal to defend successfully, others did not punch to fly in circles strangely you...... 你给一个犯罪分子辩护成功了,那人家不把你揍出翔来才奇怪…… What this is surnamed Fang is an exception. 这姓方的是个例外。 Because he can hit, no matter on court, goes out, or is other times, if others begin with him, that this person will not definitely suffer a loss. 因为他很能打,不管法庭上,还是出了门,亦或者是其他时候,别人如果和他动手,那这人肯定是不会吃亏的。 Not only so, even hits his may be detained...... 非但如此,打他的甚至有可能被拘留…… side Dazhuang actually does not know the opposite this attorney bewildered idea, but started own elaboration. 方大状却是不知道对面这律师莫名其妙的想法,只是开始了自己的阐述。 „The defense claimed in the test of our evidence not with other test method, therefore is unable to show that these software cannot unload, however, according to the most basic logical principle, after we have adopted any method that a normal consumer has been able to think to conduct the unloading , is still unable to unload, must regard as is unable to unload!” “被告方声称我们证据的测试中没有用别的测试方法,所以无法证明这些软件是不能卸载的,但是呢,根据最基本的逻辑原则,我们已经采取了一个正常消费者所能想到的任何方法进行卸载后依然无法卸载的,就应当视为无法卸载！” „Moreover according to the integrity principle of code civil, and relevant provision of Protection of Consumer Rights, when the preassemble software of this model of cell phone is unable to unload with the normal method, that cell phone manufacturer must inform the unloading method!” “而且根据民法典的诚信原则,以及消费者权益保护法的相关规定,当这款手机的预装软件无法用正常方法卸载之时,那手机厂商应当对卸载方法进行告知！” „Therefore we believe, in such a case, the test result showed sufficiently several kinds of preassemble software are unable to unload!” “所以我方认为,在这样的情况下,测试结果足以证明几类预装软件无法卸载！” Zhang Minghua naturally refuses to admit being inferior, similarly starts to refute. 张明华自然不甘示弱,同样开始反驳。 „Plaintiff advocated that it had not discovered other unloading method regards as is not then able to unload, I think that does not have the least bit logic!” “原告方所主张其没有发现别的卸载方法便视为无法卸载,我认为没有半点逻辑可言！” „Preassemble software, because it is mostly related with the cell phone system, therefore the unloading procedure/program is quite tedious, this is well-known, therefore the plaintiff claimed that it exhausted the unloading method unable to explain any issue, can only show that its test evidence and was not enough to show these software are unable to unload.” “预装软件因为其大多与手机系统相关,因此卸载程序比较繁琐,这是众所周知的,所以原告方声称其用尽了卸载方法并不能说明任何问题,只能证明其测试证据并不足以证明这些软件无法卸载。” This is Zhang Minghua's debate mentality, he had not planned „economic development” or is „these software is the system software is not therefore able to unload” and so on words debated from the beginning with anything. 这就是张明华的辩论思路,他从一开始就没打算用什么“经济发展”或者是“这些软件是系统软件所以无法卸载”之类的话来辩论。 At this time is different in those days, if before placing the stipulation of Ministry of Industry appears, he with these words will definitely debate. 今时不同往日,如果放在工信部的规定出台之前,他肯定会用这些话进行辩论的。 You said that it was not the system software not, we had the evidence, some procedure/program evidence proved, these preassemble software and cell phone system was closely linked, without these software, will affect the use of cell phone basic function. 你说它不是系统软件就不是了,我们有证据,有程序证据证明,这些预装软件和手机系统是息息相关的,没了这些软件,就会影响到手机基本功能的使用。 That will not have the issue, but now is not good. 那会没问题,但是现在就不行了。 Now says, others put out the stipulation of Ministry of Industry, that courts death directly, when the time comes goes to a Ministry of Industry suit, was finished, lost miserably also compared with the public welfare lawsuit...... 现在这么说,人家拿出工信部的规定来,那直接就是找死,到时候去工信部一投诉,完蛋,比公益诉讼输了还要惨…… The wise attorney must avoid falling into the unfavorable situation by own trustee. 高明的律师一定要避免让自己的委托人陷入不利局面的。 Cannot like some Attorney Zhang, losing money well on the line, debate is debating, bewildered 20 years. 不能像某位张姓律师那样,原本好好的赔钱就行,辩着辩着,莫名其妙就二十年了。 Therefore can only say, our these software can certainly unload, you have not unloaded successfully, that has not looked to the method, this does not blame us. 所以只能说,我们的这些软件一定是可以卸载的,你们之所以没卸载成功,那是没找对方法,这不怪我们。 „Related with the cell phone system, unloading the procedure/program will be tedious, I think that defendant view purely is nonsensical talk, the idle talk is more well-known, because does not have any evidence proved that these software are the cell phone system is related, or is belongs legal ‚must unload the procedure/program is tedious’ the situation.” “与手机系统相关,卸载程序就会繁琐,我认为被告这一说法纯粹是无稽之谈,更遑论众所周知,因为没有任何证据证明这些软件是和手机系统相关的,亦或者是属于法定的‘应当卸载程序繁琐’的情况。” Let alone simply does not have this stipulation. 更别说根本没有这种规定。 both sides started violent debate! 双方开始了唇枪舌剑！ Has saying that Zhou resolute can look, this Attorney Zhang Minghua is side Dazhuang the well-matched opponent. 不得不说,周毅都能看出来,这位张明华律师算是和方大状旗鼓相当的对手。 His foothold is very special, moreover regarding the law stipulated that similarly has words at fingertips and writes with facility. 他的落脚点很特殊,而且对于法律规定同样是信手拈来。 Only pitifully, the present legal rule was getting more and more dense, the point that the point that can debate, may debate are getting fewer and fewer. 只可惜,现在的法律规定越来越密了,能辩的点,可辩的点越来越少。 Although has a glib tongue again, is unable to make the judge believe that unloading method that after all the cell phone manufacturer provides, that is the normal person cannot think...... 尽管再是巧舌如簧,也无法让法官信服,毕竟手机厂商提供的卸载方法,那是正常人根本想不到的…… This does not need to use the high probability standard. 这都不需要用到高度盖然性标准。 Therefore debated is debating, Attorney Zhang Minghua is unable to continue. 所以辩着辩着,张明华律师也无法继续说下去了。 On the contrary is opposite side Dazhuang, now that calls an excitement, that called one to rouse! 反倒是对面的方大状,现在那叫一个激动,那叫一个振奋！ „Asked the defense to produce the evidence to show, this so-called unloading method was any consumer can think, in this even involved the specialized programming knowledge, needs to conduct at least five minutes of operation, this was the normal consumer can think?” “请被告方拿出证据来证明,这所谓的卸载方法是任何一个消费者都能想到的,这里面甚至涉及到了专业的编程知识,需要进行至少五分钟的操作,这是正常消费者所能想到的吗？” „Also, according to the stipulation of Ministry of Industry preassemble software, its unloading method should be succinct, was such unloading method succinct? The unloading must use the computer each time, I do not think that this is the succinct method.” “还有,根据工信部预装软件的规定,其卸载方法都应该简洁,这样的卸载方法简洁了吗？每次卸载都必须用电脑,我并不认为这是简洁的方法。” „Even if has such unloading method, does not have any function regarding ordinary consumer, because no one will know or must know such unloading method.” “纵然有着这样的卸载方法,对于普通消费者而言也没有任何作用,因为没人会知道或者是应当知道这样的卸载方法。” „Therefore, then should regard as is unable to unload!” “所以,便应该视为无法卸载！” The words, same grip one after another like the knife, making Attorney stretch/open not have the means to open mouth. 一句一句话,如同刀子一样扎来,让张律师没办法张嘴了。 He is that traditional attorney, could not find to debate selected, was impossible to speak the repetitious talk again, therefore this debate also ended. 他是那种传统的律师,找不到辩点了,不可能再说车轱辘话,所以这辩论也就结束了。 Arrives here, the netizen who has watched the live broadcast finally was happy, at least this debate very value! 到这里,一直看着直播的网友总算是开心了,最起码这场辩论很值！ Also made one see side Dazhuang the skill, layer by layer, wove a fishing net like the spider, layer upon layer progressive. 也让人看到了方大状的功力,一层一层,如同蜘蛛织网,层层递进。 Promotes the debate, abstained very much throws directly the essential thing, must result in first died of suffocation other roads, can throw. 搞辩论,很忌讳直接把关键东西抛出来,必须得先把其他的路堵死了,才可以抛。 Otherwise, the impression of this debate is completely different. 不然,你这辩论的观感就完全不一样了。 The presiding judge announced that the forensic argument ended, immediately starts to ask that both sides also do have the final opinion. 审判长宣布法庭辩论结束,随即开始问双方还有没有最后意见。 This final opinion is correspondence final plead in criminal defense, naturally, is not to call the final opinion, sometimes the judge will ask that you do have anything to supplement. 这个最后意见就是对应的刑事辩护中的最后陈诉,当然,也并不是一定要叫最后意见,有时候法官会问你们有没有什么要补充的。 side Dazhuang naturally did not have, should say said. 方大状自然没了,该说的都说了。 Zhang Minghua's attorney actually stands, started to say before , online opinion, that was the importance of enterprise development. 张明华身边的律师却站起来,开始说之前网上的意见,那就是企业发展的重要性。 Why must say, because the judge has the discretionary power, both sides try hard to debate to convince the judge. 为什么要这么说,因为法官有自由裁量权,双方努力辩论就是为了说服法官。 Finally, the hearing ended, this case is important, basically is not possible to judge in court, therefore Zhou resolute has not felt the accident/surprise. 终于,庭审结束,这案子事关重大,基本上是不可能当庭宣判的,所以周毅也没有感觉意外。 But is quick, the online had the related news, after all when live broadcast hearing, hearing who occupies manages who has not occupied the principle, even if the average people can look. 而很快,网上就有了相关的消息,毕竟直播庭审,庭审时谁占理谁没占理就算是普通人都能看出来。 Kang of lotus root piece company watched the live broadcast, almost pounded a cell phone. 藕片公司的康总把直播看完了,差点又砸了一个手机。 The attorney who the high price invited was also useless, to be how useless, we made the profit of cell phone so to be young, gained through the preassemble software is inappropriate? 大价钱请来的律师也没用,怎么都没用,我们做手机的利润都已经这么小了,通过预装软件赚一点不合适吗？ Actually no one said that the preassemble software is unreasonable, even some people like the preassemble software. 其实没人说预装软件不合理,甚至有人喜欢预装软件。 However the preassemble software cannot unload is unreasonable, pitifully, this inside profit is too only big, the manufacturer selectively cannot see. 但是预装软件不能卸载就不合理,只可惜,这里面的利润太大,厂商选择性地看不到。 The lawsuit fired off, when three people return to the car(riage) side Dazhuang in the surprise, he is also still thinking and other meetings saw that old stretch/open, finally had not actually waited till. 官司打完了,只是当三人回到车里的时候方大状还在诧异,他还想着等会见见那个老张呢,结果却一直没等到。 Probably the opposite party is hiding from resemble, am I so scary? 好像对方在躲着自己似的,我有那么吓人吗？ The online has the opinion of many specialists' both sides in this live broadcast to reorganize. 网上已经有很多专业人员将这场直播中双方的意见整理了出来。 It is not difficult to see, side Dazhuang takes advantage very much is the relevant provision of Ministry of Industry. 不难看出,方大状这边的很大依仗就是工信部的相关规定。 This also made many people know for the first time this aspect unexpectedly some stipulations, knows our Ministry of Industry did so many matters unexpectedly...... 这也让很多人第一次知道了这方面居然有规定,知道了我们的工信部居然做了这么多的事…… Therefore many people started to apologize, then reconsidered. 于是很多人又开始道歉了,然后又是反思。 Unknowingly, Zhou resolute a video, side Dazhuang a lawsuit, helped Ministry of Industry conduct a wave of very big propaganda unexpectedly! 不经意间,周毅的一段视频,方大状的一次诉讼,居然帮着工信部进行了一波很大的宣传！ A few days later, the court judged, supports the man (Han) chancellery to disappear the demand of insurance entrust/winding, the preassemble software of lotus root piece company cell phone must have the simple unloading method. 几天后,法院宣判了,支持汉东省消保委的诉求,藕片公司手机的预装软件必须要有简单的卸载方法。 To, „preassemble software that its claimed is the cell phone system, unloading the method was will be very tedious” the opinion has not definitely accepted, thinks that lacked the corresponding evidence. 对其所声称的,“预装软件属于手机系统,卸载方法肯定是会很繁琐”的意见没有采纳,认为缺乏相应的证据。 Comes along with this news together, the lotus root piece company announced the news of appeal. 伴随着这个消息一起来的,还有藕片公司宣布上诉的消息。 This was too normal, to many companies, does not walk comfortably is not probably same the second trial. 这太正常了,对于很多公司来说,不把二审走完好像都不舒服一样。 In the office, Kang is taking the cell phone to say anything. 办公室里,康总正在拿着手机说着什么。 „Second trial has confidence, did we have the new evidence? Ok, this lawsuit must project on the bottom!” “二审有了把握是吗,我们有了新证据？行,这官司必须要打到底！” Just said that with Zhang Minghua made the telephone call, the gate of office sounded, the secretary ran urgently, rushed saying: „Kang, the Ministry of Industry outgoing message, will soon commence the investigation on the situation that the cell phone preassemble software is unable to unload!” 刚刚和张明华说完挂了电话,办公室的门敲响了,秘书火急火燎地跑了进来,赶忙道:“康总,工信部发文,就手机预装软件无法卸载的情况即将介入调查！” What? Kang hears word stares, immediately complexion big change! 什么？康总闻言一愣,顿时脸色大变！ Obedient must listen, but the biological father has to do many companies regarding their these, the signal of involvement investigation release is very obvious, particularly this time awfully! 听话要听音,而对于他们这些和亲爹打交道很多的公司来说,介入调查释放的信号就已经很明显了,尤其是这个要命的时候！ Really, if the investigation starts, then on evening...... 真的要是调查开始,那就晚了…… Gawked for three seconds, Kang rushes to pick up the phone: „Hey Attorney stretch/open, that anything...... we do not appeal.” 愣了三秒,康总赶忙拿起电话:“喂张律师,那什么……我们不上诉了。” Second came, thank the scroll Grandmaster, hitting of two big brothers enjoyed, thanks, freeze point.. emmm 第二更来了,感谢卷轴大师,曼波两位大哥的打赏,谢谢,又卡点啦。。emmm ( This chapter ends) (本章完)