Chapter 376 this matter sues, some big grievance?( Asked monthly ticket) 第376章这点事都起诉,是有多大的委屈吗？(求月票) Solely is not moving the business hall in company, you in other good places, or are online, pulls what option with many people, the right of privacy, others meet are this response. 不单单是在挪动公司的营业大厅,你在其他的好地方,亦或者是网上,和好多人扯什么选择权,隐私权,别人都会是这个反应。 You said that the law I find it ridiculous...... 你说法律我都觉得好笑…… As moving the staff in company, Li Xiaojie has received the specialist training, will not easily smile. 作为挪动公司的工作人员,李晓洁是受到过专业训练的,轻易不会笑。 Only if cannot bear...... 除非忍不住…… Because many people thought that the law leaves us to be very far. 因为很多人都觉得法律离我们很远。 If not braves a resolute such handsome young man, possibly online many things, for example the slander, for example the insult, has become the normal condition. 如果不是冒出来阿毅这么一个靓仔,可能网上的很多事,比如诽谤,比如侮辱,都已经成为正常情况了。 In life not to mention. 生活中就更不用说了。 The handsome young man week only then, other person really few care about what law. 靓仔周只有一个,其他人真的没几个在意什么法律的。 What is main, before this Wu De, comes to the selling area, will kick up a fuss, even they have also reported to the police. 最主要的是,这个吴德以前来营业厅,都是会大吵大闹,甚至他们还报过警。 This is litigant routine concealment. 这就是当事人习惯性的隐瞒。 Even if no matter who, this is the staff of ascending, had the company to be the backing to prepare to bring a lawsuit, he in telling still met routinely only speaks the word of praise. 不管是谁,就算这是腾达的员工,有了公司做后盾准备打官司,他在讲述的时候也会习惯性的只说好话。 Completely will not mention before oneself, has made many times. 全然不会提到自己之前还闹过很多次。 Li Xiaojie bears say forcefully: „Mr. Wu, the stipulation of our company is this, really does not have the means to draw back the cash to you, moreover can only draw back the penalty, hopes that you understand.” 李晓洁强行忍住道:“吴先生,我们公司的规定都是这样的,真的是没办法给您退现金,而且只能退违约金,希望您理解一下。” This was the polite talk, before also said. 这都是套话了,以前也都这么说的。 Li Xiaojie has been ready that the opposite party quarrelled, quarrelled to report to the police in any case. 李晓洁早已经做好了对方吵起来的准备,反正吵起来就报警。 Nearby Manager Zhou takes the cell phone. 旁边的周经理已经将手机都拿出来了。 This person causes trouble, warning twice. 这人来闹事,报警已经两次了。 However, Wu De still has not quarrelled, has not roared loudly, but said: „But, our code civils have the clear-cut provision, regarding such situation, I can choose freely!” 然而,吴德依然没有吵,更没有大声吼叫,只是说道:“可是,我们的民法典有着明确规定啊,对于这样的情况,我是可以自由选择的！” „Can the stipulation of your company be higher than the code civil? Moreover, I not just want the penalty, that month of rent I also want.” “难道说你们公司的规定要比民法典还要高？另外,我不单单要违约金,那个月租费我也要。” This fellow is also saying the law, nearby Zhou Manager and the others also a little want to smile. 这家伙又在说法律了,旁边的周经理等人也有点想笑。 „Mr. Wu, our staff, complies with the stipulation, moreover your money it should not to your awareness, behind, because you sued, therefore gives.” Li Xiaojie continues to say. “吴先生,我们只是工作人员,遵守规定,而且您这个钱本身它是不应该给您的知道吧,后面因为您投诉了,所以才给的。”李晓洁继续说道。 „Group of I knew, the you meaning is, actually does not want to me money is right, or no matter what, you will not give me money, right?” Wu De asked. “行我知道了,伱的意思就是,其实根本不想给我钱对吧,或者不管怎么样,你们都不会给我钱,没错吧？”吴德问道。 „Mr. Wu this I did not acknowledge, I am only working......” “吴先生这个我不承认,我只是打工的……” This time Li Xiaojie had not said that was broken by Wu De. 这次李晓洁还没说完呢就被吴德打断了。 „That lets the person who you can take responsibility, no one can take responsibility, no one said, I tacitly approve you not to give.” “那就让你们能做主的人来说,没人能做主,没人说,那我就默认你们是不给的。” Manager Zhou goes forward also to start to urge, everyone spoke is very careful, after all this year had the cell phone, a fellow patted to send to you online, quoted out of context a wave, that basically your road arrived. 周经理上前也开始劝,大家说话都很小心,毕竟这年头都有手机,一家伙给你拍下来发到网上,断章取义一波,那基本上你的路就走到头了。 „Ok, did not need to urge, before reported to the police police comrades also to suggest that I walked the legal way, since the present and you do not have the means to be coordinated, I went to the legal way!” “好了,不用劝了,以前呢报警了人家警察同志也建议我走法律途径,那既然现在和你们没办法协调,我就去走法律途径吧！” „Now, you insist doesn't give?” “现在,你们还是坚持不给是吧？” No one spoke, or from Manager Zhou to Li Xiaojie thinks that he is impossible to sue. 没人说话,或者说,从周经理到李晓洁都认为他不可能会起诉。 It is not the fool is right, 60 add 78, is 138 dollars, for these 138 money prosecutions do move the company? 又不是傻子对吧,六十块加七十八块,也就是一百三十八块钱,为了这一百三十八块钱起诉挪动公司？ This is the matter that only then the fool will do is good! 这是只有傻子才会做出来的事好嘛！ Sees no one to speak, Wu De turns around to walk, originally he thought that should not come, but opened the king two attorneys saying that best or goes. 见没人说话,吴德转身就走,本来他觉得不应该来,但是张王两位律师说最好还是去一趟。 Returns to the company, gave the work room the beforehand chat sound recording, this is the preparation must produce the matches person animation. 回到公司,将之前的聊天录音交给了工作室,这是准备要制作火柴人动画的。 Saw with own eyes Wu De to walk, Li Xiaojie and Manager Zhou relax. 眼见吴德走了,李晓洁和周经理都松了口气。 Immediately starts to call others, the person who puts the aggressive statement they saw. 随即开始招呼其他人,放狠话的人他们见多了。 But at least on Jingzhou this boundary , they have not really seen will have sued to move the company. 但最起码就京州这地界上,他们还真的没见过会起诉挪动公司的。 Solely is not because the matter is too small, because also moves the company, this and these Internet giants are completely different. 不单单是因为事情太小,还因为挪动公司本身,这和那些互联网巨头是完全不一样的。 The nature is different! 性质就不一样！ In the Tengda Corporation ministry of law, Zhang Wei and kingly way benevolent knew the situation after Wu De there no longer hesitant, starts to get ready to sue. 腾达公司法务部内,张伟和王道仁从吴德那里了解了情况之后不再犹豫,开始准备起诉。 Moving the company is a big company of national nature, but normal has the dispute with us personally, is regional wholly-owned subsidiaries. 挪动公司是一家全国性质的大公司,而正常来说与我们个人发生纠纷的,都是各地的全资子公司。 For example now, kingly way benevolent the defendant on petition of appeal is moves east the group man (Han) Co. , Ltd . 比如现在,王道仁的起诉状上的被告就是挪动集团汉东有限公司。 The subsidiary company is the separate legal entity, naturally can be the defendant. 子公司是独立法人,自然是可以作为被告的。 In this situation do not want to say that I can go to its Group directly, that is not possible. 这种情况下你也别想说,我能直接去告它集团公司,那是不可能的。 Here two „attorney” is busy preparing to sue, another side, Zhou resolute sat with side Dazhuang in one, and reads smoothly will sue to move the matter of company to say. 这边两位“大律师”正在忙着准备起诉呢,另一边,周毅则和方大状坐在了一起,并且顺嘴将起诉挪动公司的事说了说。 „? Can move the company? This is uncommon!” side Dazhuang said with a smile there. “哦？要告挪动公司？这可不常见啊！”方大状在那里笑道。 „I feel also normally, now the lawsuit of company are getting more and more, that can definitely with such company to.” Zhou resolute said. “我觉得也正常,现在公司的诉讼越来越多,那肯定会和这样的公司对上。”周毅说道。 Said that turned over to say turned over to noisily noisily, moved the company and Internet company compares, that is completely in another level. 说归说闹归闹,挪动公司和互联网公司比起来,那是完全处于另外一个层面。 What corresponds with it is the bank, is the electric power wait/etc and so on. 与之对应的是银行,是电力等等之类的。 „side Dazhuang, you said that this case did win the probability to be much big?” “方大状,你说这案子赢得概率多大呢？” Did not mean that him had the support, so long as then sued can certainly win, that was impossible. 并不是说他这边有了支持,然后只要起诉了就一定能赢,那不可能。 side Dazhuang only has one, moreover he and other attorneys are different, will not see that the case meets. 方大状只有一个,而且他和其他律师不一样,不会见到案子就接。 He chooses the case, the case that only then oneself are interested will meet. 他是选案子的,只有自己感兴趣的案子才会接。 So far, the company had filed the big charges dozens times, but overwhelming majorities were the midway mediate. 截止到目前,公司已经提起了大几十次的诉讼,但绝大多数都是中途调解了。 The small lawsuit is this, the opposite party thinks that you do not dare to sue, but you really sued, basically mediated. 小官司就是这样,对方认为你不敢起诉,但你真的起诉了,基本上就是调解。 Remaining lawsuits of holding a court hearing, did not win, had the part to lose. 剩下开庭审理的官司,也不是都赢了,有部分还是输了。 This brings a lawsuit, did not mean that you occupy manage you definitely to win, bring a lawsuit only look at the evidence! 这就是打官司,并不是说你占理你就肯定能赢,打官司只看证据！ „Chance, according to the evidence situation that you just said that I can only say that the chance is very big, but must look at the person specifically.” “赢面嘛,根据你刚刚说的证据情况,我只能说赢面挺大,但是具体还得看人。” When the evidence cannot the direct steamroll, that must watch in the hearing the level of attorney. 当证据不能直接碾压的时候,那就得看庭审中律师的水平了。 After all is the civil case, is not the criminal activity. 毕竟是民事案件,不是刑事。 The evidence that Wu De there can provide are many, for example the chat record of he and customer service, the telephone conversation sound recording, the notice cancels the meal message, the monthly rent and penalty that as well as hands over record these. 吴德那里能提供的证据不少,比如他和客服的聊天记录,通话录音,通知取消套餐的短信,以及交的月租和违约金记录这些。 But the meal has not passed through him to agree, here definitely cannot produce the evidence, therefore in such a case, will be suitable for the conversion of onus probandi. 而套餐没有经过他同意,这里肯定是拿不出证据的,所以在这样的情况下,是会适用举证责任倒置。 If the opposite party claimed that has passed through him to agree, that the opposite party produces the evidence to show, at least you arrived on the court are this. 对方如果声称说已经经过他同意,那得对方拿出证据来证明,最起码你到了法庭上是这样。 Chatted is chatting, Zhou resolute thought of other issue suddenly. 聊着聊着,周毅突然想到了别的问题。 He pulls out the cell phone, found some commercial messages on cell phone, immediately said: „side Dazhuang, you reads these messages, this should be they moves the company to send.” 他掏出手机,找到手机上的一些商业短信,随即说道:“方大状,你看这些短信,这应该是他们挪动公司发的吧。” side Dazhuang looked at the access road/simply said: „This naturally was, moreover continued these, the spam text messaging that actually the operator sent were also many.” 方大状看了看便道:“这当然是了,而且不止这些,其实运营商发来的垃圾短信也不少。” Some probably people will have paid attention, many advertisement messages, that opening is the telephone opening of related operator. 大概有人会注意过,很多的广告短信,那开头都是相关运营商的电话开头。 Do the operators also need to meet the advertisement to help promote? 运营商还需要接广告来帮忙推广吗？ That was natural, this is money, who can not want to gain. 那当然了,这都是钱,谁会不想赚呢。 „What's wrong, are you also ginseng/partake one?” side Dazhuang teased. “怎么,你这是也参一股？”方大状打趣道。 Zhou Yiwen happily chatted: „That definitely is first contacts with the opposite party, if can not sending these spam text messaging, that does not need to wage a war.” 周毅闻言笑了:“那肯定是先和对方联系一下,如果能别给发这些垃圾短信,那也没必要大动干戈。” „But if they no matter, or what some do not have, then saw on the court.” “但是如果他们不管,或者说什么有的没的,那就法院见了。” Before Zhou resolute, has not been serious these commercial messages, after all a message, deleted deleted. 周毅以前没把这些商业短信当回事,毕竟一条短信而已,删了就删了。 Also is hears Wu De there to with moving the company probably does, he thinks, oneself here commercial message probably is also an issue! 也是听到吴德那里好像要和挪动公司搞起来,他才想到,自己这边的商业短信好像也是一个问题！ Truly, compares other Zhou resolute earnestness, a commercial message matter is not probably. 确实,相比起周毅其他的较真来说,商业短信好像连个事都算不上。 And, in immediately, sends some commercial messages, makes some commercial promotions to become the common phenomenon. 并且,在当下,发一些商业短信,做一些商业推广已经成为了普遍现象。 But the universality does not mean that it has the rationality and validity! 但普遍性绝不意味着它具备合理性、合法性！ This society really needs some earnest people, making the big enterprise that these keep aloof a little have scruples slightly, should not be so unscrupulous. 这个社会真的需要一些较真的人,让这些高高在上的大企业稍微有点顾忌,不要那么肆无忌惮。 side Dazhuang regarding the former is nothing idea, the demand is small, is the money, he has crossed this stage now. 方大状对于前者是没有什么想法的,诉求再小,也是钱,他现在已经过了这个阶段。 On the contrary, regarding the latter, is the issue that Zhou resolute comes across, he is interested very much! 相反,对于后者,也就是周毅遇到的问题,他很感兴趣！ Too were really many because of present similar situation. 因为现在类似的情况真的太多了。 Besides the operator, the major Internet manufacturers, the estate intermediary, the safe medium, and all kinds of companies, all kinds of situations, will promote through SMS. 除了运营商,还有各大互联网厂商,房地产中介,保险中介,以及各种各样的公司,各种各样的情况,都会通过短信的方式进行推广。 Until now, no matter who will not deny, the spam text messaging has become many person uncomfortable objects. 时至今日,不管谁都不会否认,垃圾短信已经成为了很多人不爽的对象。 This did not say that our cell phone memories cannot accommodate, but thought was too bothersome, deletes unable to delete. 这不是说我们的手机内存容不下,而是觉得太烦了,删都删不过来。 This issue record in the middle of side Dazhuang notebook, he profoundly has studied near the bottom. 这个问题记录在方大状笔记本的中间靠后一点,他已经深入地研究过了。 However he will definitely not say directly, first waits, does not worry in any case, moves the understanding of company by him to the man (Han) chancellery, they will recognize are strange. 不过他肯定不会直接说,先等一等,反正不着急,以他对汉东省这边挪动公司的了解,他们会认才怪呢。 Guangming District Court, opened the king two attorneys to bring the corresponding material to come. 光明区法院,张王两位律师已经带着相应的材料来了。 The staff in putting on record hall looked at two people, has a look at the material in hand, a little said curiously: „Does prosecution move the company? This is not quite actually common.” 立案厅的工作人员看了看两人,又看看手中的材料,有点好奇道:“起诉挪动公司？这倒是不太常见啊。” This matter places five institutes four is these has the profound traditional politics and law class university location, sometimes that can meet. 这事放在五院四系这些有着深远传统政法类高校所在地,那有时候还是能遇到的。 There many enterprise will become the experience of politics and law class university student to expand the tool. 那里的很多企业都会成为政法类大学学生的经验扩展工具。 Won in any case well, lost also indifferently, to them was the rare practice. 反正赢了最好,输了也无所谓,对于他们来说就是难得的实践了。 East the man (Han) here tradition is not quite same, man (Han) eastern politics and law not highest level politics and law class university, therefore this matter are not quite many. 汉东这里的传统不太一样,汉东政法也不算最顶级的政法类大学,所以这种事不太多。 Zhang Wei has not spoken, the kingly way benevolent said with a smile: „Does not have the means that others were too arrogant, this can only through the way of lawsuit, making them a little feel slightly.” 张伟没说话,王道仁笑道:“没办法,人家太傲慢了,这只能通过诉讼的方式,让他们稍微有点感觉。” The staff smile have not spoken, start to examine the corresponding material well. 工作人员笑了笑没说话,开始好好审查相应的材料。 Actually has not gone to the person in court always saying that puts on record difficultly difficultly, not. 其实很多没去过法院的人总是说立案多难多难,不是的。 Brings a lawsuit the biggest problem is that long standby period. 打官司最大的困难是那漫长的等待时间。 We now are not the putting a case on file and beginning investigations systems, but is the putting on record direct registration system, generally you put on record not to succeed, that is your material insufficiently entire. 我们现在已经不是立案审查制了,而是立案登记制,一般你去立案没成功,那是你的材料不够全。 The examination of putting on record stage generally is the formal examination. 立案阶段的审查一般是形式审查。 Two „attorney” the level is good, the material of preparation has no accident/surprise, adopted the examination. 两位“大律师”的水平还是不错的,准备的材料没有什么意外,通过了审查。 „Good Attorney king, here to have put on record, this is the receipt.” “好了王律师,这边已经立案,这是回执。” This did not have the issue, waited for opposite party's response on the line, the kingly way benevolent to inform Wu De, for these days paid attention to a point, moved telephone anything of company must record. 这就没问题了,等着对方的反应就行,王道仁已经通知了吴德,这几天都注意一点,挪动公司的电话什么的都要录音。 Several days of flash by. 几天的时间一晃而过。 Zhou Yihe moved the relation of company customer service not to start to finish. 周毅和挪动公司客服的联系还没开始就已经结束了。 The opposite party denied directly these messages are they send out. 对方直接否认说这些短信是他们发出的。 So is simple, you said that this is sends in your numbers, others said that this is some people sends out through „false base depot”. 就这么简单,你说这是用你们的号发来的,那人家就说了,这是有人通过“伪基站”来发出的。 The life and court are different, in life you let others with the evidence, others will smile your country bumpkin. 生活和法院不同,生活中你让人家拿证据,人家会笑你傻帽。 Therefore Zhou resolute has decided and side Dazhuang chats thoroughly, what to do has a look at this matter! 所以周毅已经决定和方大状深入聊一聊,看看这个事儿怎么办！ Friday is happy one day, on Monday naturally is uncomfortable a day. 周五是美好的一天,周一自然就是不爽的一天了。 The man (Han) chancellery moves the headquarters in company is also is located in the Guangming District Provincial government street, International Trade Building Building A building, this is the office building in entire headquarters company. 汉东省挪动公司的总部也是位于光明区省府街,国贸大厦A栋楼,这是整个总部公司的办公楼。 But today, company vice-president Hong Yongping still same went to the company with before, the preparation started a day of work. 而在今天,公司副总洪永萍依然和之前一样来到了公司,准备开始一天的工作。 Then saw entrance there had a policeman probably, is saying anything with the company security. 然后就看到了门口那里好像有了一位警察,正在和公司保安说着什么。 „What's the matter?” Hong Yongping goes forward to ask. “怎么回事啊？”洪永萍上前问道。 The security sees that to rush saying: „Hong, is...... is a subpoena, Guangming District Court, said that was we.” 保安见状赶忙道:“洪总,是……是一份传票,光明区法院的,说是我们被人告了。” What? Hong Yongping was shocked. 什么？洪永萍愣住了。 Truly speaking, their man (Han) chancellery company sued situation are very few, the previous time was sued now, already sometime. 说实在的,他们汉东省公司被起诉的情况真的特别少,上一次被起诉到现在,已经有段时间了。 Therefore today receives the subpoena, hurried to register her here. 所以今天收到了传票,赶紧就报到了她这里。 Said actually not what issue, the legal department of company is not white support. 倒不是说有什么问题,公司的法务部门也不是白养着的。 Now what is main clarifies anything, the opposite parties made the court. 现在最主要的是弄清楚什么事,以至于对方都闹到了法院。 In the petition of appeal transcription has the Wu De personal information, such in the system, quick had the result. 起诉状副本上有吴德个人信息,在系统里这么一查,很快就有了结果。 „Therefore, you were said that because of more than 100 dollars, did the opposite party consider us? This...... this does not have the problem!” Hong Yongping said. “所以,你是说就因为一百多块钱,对方把我们告了？这……这不是有毛病吗！”洪永萍说道。 „How work before their Jingzhou Branch is done, why will arrive at the court noisily?” “他们京州分公司之前的工作怎么做的,为什么会闹到法院呢？” This is very important issue, generally speaking this minor matter does not need to be in this situation, if the opposite party displays the idea that must sue to come, the company will compromise generally. 这是很重要的问题,一般来说这种小事根本不需要到这个地步,如果对方表现出要起诉的想法来,公司一般都会妥协。 Because were too few. 因为真的太少了。 „Hong, I just did not check, That side Jingzhou old model/pattern has given the plan, in the form of phone bill to the opposite party this money, but others do not accept.” “不是啊洪总,我刚刚查到,京州老范那边已经给出过方案了,以话费的形式给对方这个钱,但人家不接受啊。” „Now said that we violated his option.” “现在说我们侵犯了他的选择权。” The option...... in the life is a common right. 选择权……在生活中就是一个毫不起眼的权利。 With a right to know position, no one will basically attach great importance. 和知情权基本上一个地位,没人会重视。 However places in the law, this may be the legal right! 但是放在法律里,这可都是法律权利！ Hong Yongping also a little has a headache, this really felt a little odd. 洪永萍也是有点头疼,这真的感觉有点离谱。 Does not want to the phone bill, but also pulls what option. 给话费都不要,还扯什么选择权。 However she also understood the situation, the stipulation of company is this, generally solves in the form of phone bill. 不过她也明白了情况,公司的规定就是这样,一般都是以话费的形式来解决的。 Now meets one to want the cash suddenly, surely does not have the means to give, finally ran into a youth, considered directly. 现在冷不丁遇到一个要现金的,肯定是没办法给,结果遇到了一个愣头青,直接就告了。 Jingzhou Subsidiary company is only a subsidiary company, without legal personality, therefore others backhanded the man (Han) chancellery company. 京州市分公司只是分公司,没有法人资格,所以人家反手告了汉东省公司。 The phone bill is equal to rmb, that naturally not, if others accept, that's good, does not accept, your does not occupy the principle. 话费等于rmb嘛,那当然不是了,所以如果别人接受,那还好,不接受,你这就是不占理。 If which day of penguin said that comes to lose money to you with the Q coin, asked that you do not agree. 如果哪天企鹅说用Q币来给你赔钱,就问你同意不。 „Hong, we now what to do?” “那洪总,我们现在怎么办呢？” „Makes Jingzhou Subsidiary company solve, did this matter also ask me?” “让京州市分公司自己解决,这点事还问我？” The vice-president as man (Han) chancellery company, her rank is not low, happen to bumps into this matter today, will be impossible to respond. 作为汉东省公司的副总,她的级别可不低,要不是今天正好撞见了这事,根本不可能会搭理。 Therefore after several minutes, General Manager model/pattern in Jingzhou Subsidiary company then received the call. 于是在几分钟后,京州市分公司的范总经理便接到了电话。 „What? We? Was the petition of appeal also bumped into by Hong? This...... is good I to be solved immediately.” “什么？我们被人告了？起诉状还被洪总撞见了？这……好我马上解决。” Really is the unexpected misfortune, in good condition how can the defendant? Some this big grievance! 真的是无妄之灾啊,好端端的怎么会被告呢？这是有多大的委屈啊！ Second came 第二更来了 ( This chapter ends) (本章完)