Chapter 379 side Dazhuang started to warm up! 第379章方大状开始热身了！ Everyone hits the worker, why bother hits the worker to hit the worker awkwardly. 大家都是打工人,打工人何苦为难打工人。 These words is right, a little truth, because you feel embarrassed others today, that others which day may feel embarrassed you. 这句话对吗,有点道理,因为你今天为难了别人,那可能别人哪天就会为难你。 After all everyone is one in social system, possibly which day you from were turned into the service personnel by the service provider. 毕竟大家都是社会这个体系中的一员,可能哪天你就从被服务者变成了服务人员。 But because of this, we can't the rights protection? 但就因为这,我们就不能维权了吗？ you wants the rights protection, under opposite party layer upon layer under pressure, will press the body of basic unit staff, you what to do? 伱只要维权,那对方层层下压之下,还是会压到基层员工的身上,你怎么办呢？ Simplest, you sue a company, finally the opposite party sent out the staff to come with you to chat, cried kneeling down to make you withdraw to you, said you, if insisted, I will be dismissed, when the time comes my entire family did not have the food to eat. 最简单的,你投诉一个公司,结果对方派出了工作人员来和你聊,哭着给你跪下让你撤回,说你要是坚持,我就会被开除,到时候我全家都没饭吃。 You what to do? 你怎么办呢？ Zhou resolute had known the situation from clear/pain blue there, smiled saying with a smile: „Because of this, we should the earnest time must be earnest.” 周毅已经从楚蓝那里知道了情况,笑了笑道:“正因为这样,我们该较真的时候才必须较真。” „Do you believe that if no one goes earnestly, that today's this hole is possible, be only one centimeter width, will turn into one decimeter tomorrow, one meter!” “你信不信,如果谁都不去较真,那今天这个窟窿可能只有一厘米宽,明天就会变成一分米,一米！” side Dazhuang earnest has explained this truth in beforehand one time in detail, the high ground of right, if you do not occupy, that will be occupied by others. 方大状在之前的一次较真中详细地阐释过这个道理,权利的高地如果你不去占据,那就会被别人占据。 The big data kills the ripe, personal information infringement, the right to know, the option wait/etc, sometimes perhaps feels this immaterial, but the capital is to make money! 大数据杀熟,个人信息侵犯,知情权,选择权等等,或许有时候感觉这无关紧要,但资本是要赚钱的！ Before his Zhou resolute earnest time has run into many employees, there is much a method that used the morals to kidnap. 之前他周毅较真的时候遇到过很多的公司员工,有不少用过道德绑架的方法。 However was rejected by him! 但是都被他拒绝！ The people who if these were punished bewilderedly can stand, mentioned sues sues, naturally had the solution. 如果那些被莫名其妙处分的人都能站起来,说起诉就起诉,自然就有解了。 But the reality is most people does not have the means to sue. 但现实是大部分人都没办法起诉。 Only can say that the legislative work has heavy responsibilities, the fish and bear's paws cannot have both. 只能说法制建设任重道远,鱼和熊掌不可兼得。 The online public opinion passes on is getting bigger and bigger, with beforehand different, matter everyone casual biography that this time, ascends related. 网上的舆论传的越来越大,和之前不一样,这次,有关腾达的事大家随便传。 Why do not ask. 别问为什么。 Therefore more and more discussions appear, many people start to ponder, this matter cannot conduct moral kidnapping purely, but cannot say that principle completely. 于是越来越多的讨论出现,很多人都开始思考,这种事不能单纯进行道德绑架,但也不能完全说那个理。 After all the reasonable words everybody can, but oneself really met, that is definitely thinking makes the opposite party put a oneself horse. 毕竟讲道理的话谁都会,但自己真的遇到了,那肯定是想着让对方放自己一马。 Although this matter at all is not among them the conflict. 尽管这事根本不是他们之间的冲突。 Then in such situation, there is a that source of mistake to start by various everyone resentments. 那么这样的情况下,有错误的那个源头开始被大家各种怼了。 The operators, that is a target, nowadays who has not scolded several. 运营商嘛,那就是靶子,这年头谁还不骂几句。 The person who after complaining were many, this was the popular feelings! 但是当吐槽的人多了之后,这就是舆情了！ Especially online, a lie or story repeated often enough will begin to accepted as true, the original matter passed on is passing on is changing flavor. 尤其是网上,三人成虎,本来的事传着传着就变味了。 Said, if did not mediate, moved the company related employee possibly to be punished. 原本呢是说,如果不调解,挪动公司相关员工可能被处分。 This does not need others to divulge, is hits the workers to guess. 这都不需要别人泄露,是个打工人都能猜出来。 However passed on is passing on was turning, these staff already by various punishments, moreover after their leadership, will give to wear the small shoes frequently. 但是传着传着就变成了,这些员工已经被各种处分,而且他们的领导以后会经常给穿小鞋。 This heat degree is getting bigger and bigger, how after all to say that hits the worker, everyone worried that which day experiences such matter. 这热度越来越大,毕竟怎么说呢,都是打工人,大家都担心哪天遇到这样的事。 Then, Hong of man (Han) chancellery company noticed. 然后,汉东省公司的洪总就注意到了。 „How this Jingzhou they handle matters, does such matter make such talk of the town?” Hong flies into a rage there. “这京州他们怎么办事的,这么个事弄得这样满城风雨？”洪总在那里大发雷霆。 Should the company refund, this can put the thing that on the court wrangled, because the staff did not have the means to mediate, then must punish them, this had the issue. 公司该不该退钱,这个是可以放到法庭上扯皮的东西,但是因为员工没办法调解,然后就得处分他们,这就有问题了。 Although the present many companies have such problem, but you cannot say is right. 尽管现在的很多公司都存在这样的问题,但你不能说出来啊对不对。 The advisers know that turns off a light well! 师爷都知道关着灯呢好吧！ Because who knows, this and staff does not have the least bit to relate, they also can only handle matters according to the stipulation according to the stipulation. 因为谁都知道,这和员工没有半点关系,他们是按照规定也只能按照规定办事的。 Therefore under Hong telephone, General Manager model/pattern in Jingzhou Branch was scolded once again. 于是在洪总的电话下,京州分公司的范总经理又一次被骂了。 Unavoidablily can only write up a statement, that is the company is impossible because of such matter, but punishes the staff and so on. 不得已只能出具了一份声明,那就是公司不可能会因为这样的事而去处罚员工云云。 However, before quick courtyard mediated, this time will send out the law of company to discuss. 不过呢,很快就会庭前调解,这次是会派出公司的法务来谈。 The principle cannot change, regarding moving company, this is the principled matter. 原则是不能改的,对于挪动公司来说,这就是原则性的事。 I can with you discuss that compensates the phone bill to you, double, but compensates cash that unable. 我可以和你谈给你赔话费,双倍都可以,但是赔现金那就是不能。 Moreover stated that also said that all expenses stipulate to receive according to the company, does not have the unreasonable service the situation. 而且声明中也说了,所有的费用都是按照公司规定收的,不存在乱收费的情况。 In such a case then, before the case started the courtyard, mediated. 便在这样的情况下,案件开始了庭前调解。 Guangming District Court, the kingly way benevolent and Zhang Wei as well as litigant Wu De sat indoor the mediation. 光明区法院,王道仁和张伟以及当事人吴德坐到了调解室内。 This time case is very special, the target is small, however the significance of representative is big. 这次的案件很特殊,标的额小,但是代表的意义却不小。 Two matters, one is the penalty, another is the meal expense. 有两个事,一个是违约金,另一个就是套餐费用。 Moves is the legal personnel who in Jingzhou Branch the company sends, surnamed Chen, asking Chen Wenjing, the appearance to have side Dazhuang the feeling. 挪动公司派来的则是京州分公司的法务人员,姓陈,叫陈文景,打扮有种方大状的感觉。 The judge is not Li Xusheng, but others two court judges surnamed Ou. 法官不是李虚生,而是另一位姓欧的民二庭法官。 „Therefore you thought unexpectedly this money does receive right?” A Wu De face compels to ask ignorant. “所以你们居然觉得这个钱收得对？”吴德一脸懵逼地问道。 „Mr. Wu, no matter this penalty, is the monthly rent meal expense, stipulated that according to our company gathers.” Opposite Chen Wenjing said. “吴先生,不管是这个违约金,还是月租套餐费用,都是按照我们公司规定来收取的。”对面的陈文景说道。 „But, if not receive contrary, why you said mediation time can give me the phone bill?” Wu De asked. “但是,如果不是违规收,那你们为什么说调解的时候要给我话费呢？”吴德反问道。 „That is because Mr. Wu you goes to the selling area to be noisy unceasingly, causing the selling area not to have the means to do business normally, therefore cannot give you to have such solution.” Chen Wenjing continues to say. “那是因为吴先生您不断地去营业厅闹,导致营业厅没办法正常营业,所以不得以给您出了这么个解决方案。”陈文景继续说道。 Wu De does not know all of a sudden how saying that he goes to make after all. 吴德一下子不知道咋说了,他毕竟去闹过。 Chen Wenjing therefore also said: „Therefore Mr. Wu, my suggestion is, we do not need the mood to chat this matter, originally this is a minor matter.” 陈文景于是又道:“所以呢吴先生,我的建议是,我们没必要带着情绪来聊这件事,本来这就是个小事而已。” „No, I do not think that this is the minor matter!” Nearby kingly way benevolent opened the mouth. “不,我并不认为这是小事！”旁边的王道仁开口了。 „This is your firm depends the company position, but regarding one disregarding of ordinary consumer right, disregarded others' all sorts of civil rights, this and money multi- money little irrelevant!” “这是贵公司仗着公司地位而对于普通消费者权利的一种无视,无视了别人的种种民事权利,这和钱多钱少无关！” This is the kingly way benevolent energetic that learns from Zhou the video, earnest, what compared with is this truth. 这是王道仁从周总视频中学到的精神,较真,较的是这个道理。 Naturally, looks like this in many people are raises to the plane of political principle, this is labels, for example Attorney Chen Wenjing Chen. 当然,在很多人看来这是上纲上线,这是扣帽子,比如陈文景陈律师。 „Attorney king, you as an attorney, should be sane, such a small issue does not need to raise to the plane of political principle.” “王律师是吧,您作为一个律师,应该是理智的,这样一个小问题没必要上纲上线。” „Judge Ou, we have the sincerity to come today, but opposite party, if has had the mood, we really did not have the means to discuss.” “欧法官,我们今天是带着诚意来的,但是对方如果一直就这么带着情绪,我们就真的没办法谈下去了。” The following those words were Condeca say. 后面那句话是和调解法官说的。 Ou Judge hears word looked at the kingly way benevolent, is preparing to say anything, saw that the opposite party has stood. 欧法官闻言看了看王道仁,正准备说什么呢,就看到对方已经站了起来。 „Judge Ou, this Attorney Chen said is very reasonable, I also thought that did not have the means to discuss, since did not have the means to discuss, I looked do not discuss, we according to time holding court on line.” “欧法官,这位陈律师说的很有道理,我也觉得没办法谈了,那既然没办法谈,我看就别谈了,咱们按照时间开庭就行。” Nearby Wu De and Zhang Wei responded to be half beat behind, hurry following to stand, turned around to walk, did not have the least bit to hesitate. 旁边的吴德和张伟反应慢了半拍,赶紧跟着站了起来,转身就走,丝毫不带半点犹豫。 Looked nearby Chen Wenjing is shocked directly. 看的旁边陈文景直接愣住。 Before coming, he has not thought that opposite party such just, before was to know Jingzhou that Teacher side very just, was often direct. 来之前他从来没想到对方会这么刚,之前是知道京州那位方老师很刚,动不动就直接走。 The result has not thought of these also this! 结果没想到这几位也这样！ As everyone knows kingly way benevolent little while has blossomed happily, he has wanted to experience one to feel like this well! 殊不知王道仁这会儿已经乐开了花,他早就想体验一把这样的感觉了好嘛！ In the past, thinks that his Attorney king was the lawyer, that begged help from all quarters daily, others pounded on the table to speak the word of praise. 过去,想他王律师做辩护人,那日常求爷爷告奶奶的,别人拍桌子了都得说好话。 Without the means that no matter the plaintiff or the defendant , have not just looked specially is a plaintiff, actually every so often cannot like this. 没办法,不管是原告还是被告,都没有特别刚的,别看是原告,其实很多时候都不会这样。 Before saw that side Dazhuang and Zhou a word did not gather leaves directly, that has envied must die, today must recompense to hope finally. 之前见到方大状和周总一言不合直接离开,那早就羡慕的要死,今天总算是得偿所愿了。 „Attorney king, Mr. Wu, your......” “王律师,吴先生,你们这……” Chen Wenjing shouted several, finally others do not respond, rushed to say with the judge. 陈文景喊了几声,结果人家根本不搭理,又赶忙和法官说。 However the judge looked also only to spread to let go , indicating oneself were helpless. 然而法官看了看也只能摊摊手,表示自己无能为力。 The mediation, his judge cannot force, this is wants both sides to be voluntary. 调解嘛,他法官可不能强迫,这是要双方自愿的。 Chen Wenjing sighed, coming the leader in Guangming District Branch to add before, can mediate mediates as far as possible, after all the matter is a little big. 陈文景叹口气,来之前光明区分公司的领导还说,能调解尽量调解,毕竟事情已经有点大了。 Their operator also has the biological father, however, because the situation is different, generally speaking the biological father will not directly sanction. 他们运营商也有亲爹,但是呢,因为情况不同,一般来说亲爹是不会直接进行处罚的。 However now, public opinion bigger and bigger time, god knows can the biological father make a move! 但是现在,舆论越来越大的时候,天知道亲爹会不会出手啊！ The company stretches is not wanting this, after all above has the inspection, transfers the net and cancellation with has the inspection. 只是,公司这边是绷着不想就这样,毕竟上面有考核,携号转网和销号都有考核。 This similar penalty does not want to handle the cancellation. 这种类似的违约金就是不想让人办理销号的。 The mediation has not succeeded, the quick corresponding news appeared in online, in such a case, one group of people have started to relevant authority there punch-in spontaneously. 调解没成功,很快相应的消息就出现在了网上,在这样的情况下,一堆人已经自发地开始到相关部门那里打卡了。 Asked you, this type used the so-called penalty the way to stop the user cancellation blatantly, no matter manages! 就问你们,这种公然采用所谓违约金的方式来阻拦用户销号的,管不管！ Without passing through the user agrees to give the meal, ended various types to receive money does not want to give the cancellation. 没有经过用户同意就给套餐,完了又各种收钱不想给销号。 Although on looks now outwardly because of these 138, but dispute, but everyone is not blind, this is the operator is obstructing the user cancellation! 虽然现在明面上看是因为这一百三十八块而起得纷争,但是大家都不瞎,这就是运营商在阻挠用户销号呢！ The matter had soon been solved, so long as company returning that some money on line. 只是,原本事情已经快要解决了,公司只要给退回那部分钱就行。 Only pitifully, others do not comply...... 只可惜,人家根本不答应…… The Jingzhou moving company subsidiary company actually under also has the subsidiary company, the bright subsidiary company, mainly this matter bright subsidiary company is responsible. 京州市的挪动公司分公司其实下面还有分公司,光明分公司,主要这件事就是光明分公司负责的。 Again below is Manager Zhou such selling area. 再下面才是周经理这样的营业厅。 Since mediated inadequately, that can only bring a lawsuit. 既然调解不成,那就只能打官司了。 The present situation had changed, their company cannot easily acknowledge that gives others secretly the meal! 现在的情况已经变了,他们公司是不能轻易承认私自给别人套餐的！ Therefore must obtain the court to break off pulls. 所以必须得到法庭上来掰扯。 Then under is a focus of public attention like this, time of first trial holding court. 便在这样万众瞩目之下,一审开庭的时间到了。 Zhou resolute and side Dazhuang audit as usual, such case has the proxy significance very much. 周毅和方大状照旧来旁听,这样的案例很有代理意义。 Sits in the plate listens to the seat, Zhou resolute looked at side Dazhuang saying: „side Dazhuang, you they have also chatted with the kingly way benevolent, you think that now can win?” 坐在盘听席上,周毅看了看方大状道:“方大状,你也和王道仁他们聊过了,你现在觉得能赢吗？” After all this case comparison was paid attention, therefore Zhou resolute asked side Dazhuang to check ahead of time. 毕竟这案子比较受关注,所以周毅提前请方大状把关。 „On the present situation, that penalty should be able to draw back, the evidence of opposite party I looked, cannot show that agreed after Wu De to that meal.” “就现在的情况,那个违约金应该是可以退的,对方的证据我看了,不能证明给那个套餐经过吴德同意。” „Looked that in their evidence has one, said that has sent to Wu De the message that clears the meal, he does not have the reply to cancel, showing tacitly approves the agreement, should say like this.” “看他们的证据里有一条,说给吴德发过开通套餐的短信,他没有回复取消,说明是默认同意,应该是会这样说的。” Zhou Yiwen said: „Is this also good?” 周毅闻言道:“这样也行吗？” „Naturally is not good, this case, will not greatly possibly be accepted very much, this type of message is very easy to be considered as the spam text messaging.” side Dazhuang shakes the head to say. “当然不行了,就这个案子,很大可能不会被采纳的,这种短信很容易被认为是垃圾短信。”方大状摇头道。 Regarding pretending the evidence...... this cracked a joke, the lawsuit lost lost, but pretended the evidence, if were seen through, that was not the issue of losing money. 至于说假冒证据……这就开玩笑了,官司输了就输了,但是假冒证据要是被识破,那就不是赔钱的问题了。 At this point, side Dazhuang also said: „But monthly rent that did not say, their company truly stipulated that the cancellation must hand over the monthly rent in the same month, must look at the display.” 说到这里,方大状又道:“但是月租那个不好说,他们公司确实规定销号当月得交月租,得看发挥。” Is the high probability rule that before mentioned, looked where you were more convincing. 就是之前提到的高度盖然性规则,看你哪边更有说服力。 Why, the evidence that because Wu De can give is, has not informed ahead of time. 为什么呢,因为吴德这边能给出的证据是,没有提前告知。 However, this stipulation generally in user must know, but was supposing many people manage the card not to look at that bunch of things of...... 但是呢,这种规定一般是在用户须知里面,但估摸着很多人办卡是不会去看那一堆的东西…… Therefore must wrangle. 所以就要扯皮了。 Matter also really like such that side Dazhuang expects. 事情也真的如同方大状预料的那样。 Regarding the penalty, truly does not have the evidence, but the opposite party said that has informed Wu De, he had not denied. 对于违约金,确实没证据,但是对方称已经通知过吴德,他没有否认。 Because is „free” meal, does not need him to disburse money, in the situation that therefore in the opposite party has not denied can become effective. 并且因为是“免费”套餐,不需要他出钱,因此在对方没有否认的情况下可以生效。 Yes, you completely had not truly agreed that but we have sent the message to you, you do not have to deny specially. 是的,你确实没有完全同意,但是我们给你发过短信,你没有专门否认过。 But the moon/month supplies, the viewpoint of kingly way benevolent is, since does not use, that cannot receive, the opposite party stipulates like this through the form provision limit one's own side right, must therefore be invalid! 而月供,王道仁的观点是,既然都不用了,那就不能收,对方这样规定是通过格式条款限制己方权利的,所以应当无效！ This pulled the form provision invalid aspect. 这就又扯到了格式条款无效的方面。 However Later Zhou Dynasty resolute noticed that nearby side Dazhuang started unable to sit still. 然后周毅就看到旁边的方大状开始坐不住了。 From time to time mumbled, from time to time the to rub to rub sleeve, the next second must come up to be the same probably personally. 时而念念有词,时而撸撸袖子,好像下一秒就要亲自上去一样。 Good one to wrangle, finally, the court made the ruling! 好一顿扯皮,终于,法院做出了判决！ The presiding judge conducted judged. 审判长进行了宣判。 The focus that both sides disputed was, „free” meal gave, wanted the opposite party completely to agree, after informing, has not denied on the line. 双方争议的焦点就在于,“免费”套餐的给予,是不是一定要对方完全同意,是否通知之后没有否认就行。 But issue that the moon/month supplies, is the form provision is whether effective. 而月供的问题,就是格式条款是否有效。 Here was the kingly way benevolent is brought in into the pit, because the judge explained in the ruling whether the form provision was invalid another case to sue, but Wu De must know the relevant provision. 这里就是王道仁被带进坑里了,因为法官在判决中说明,格式条款是否无效得另案起诉,而吴德应当知晓相关规定。 But according to the current stipulation, needs to conduct the payment. 而按照目前的规定来说,是需要进行缴纳的。 Therefore the ruling is as follows: The ruling moves the company to return the penalty 60 Yuan, rejects other demands. 因此判决如下:判决挪动公司退还违约金六十元,驳回其他诉求。 Won, but has not won completely. 赢了,但是又没有完全赢。 Just read the written judgment, Zhou resolute noticed that nearby side Dazhuang is anxious. 刚刚宣读完判决书,周毅就看到旁边的方大状已经急了。 Or when just debated he cannot take a seat, wishes one could itself to be out. 或者说,在刚刚辩论的时候他就坐不住了,恨不得自己下场。 „Your these two laws what's the matter, what form provision pull with the opposite party, wasn't this brought toward the ditch in obvious?” “你们这俩法务咋回事啊,和对方扯什么格式条款,这不明摆着被人往沟里带吗？” „Does not have in the situation of use with them directly the charge is unreasonable, such contract loses obviously fairly, violated the code civil about the contract fair principle!” “直接和他们没有使用的情况下收费是不合理的,这样的合同是显失公平的,违反了民法典关于合同公平的原则啊！” „I also took......” “我也是服了……” „Makes them raise the appeal, your second trial I hit, was anxious I!” “让他们提上诉,你们的二审我来打,急死我了都！” Can look that side Dazhuang really worries, although this case is truly easy to wrangle, but had the rhythm by the opposite party in a few words, this obviously has the issue very much! 可以看出来方大状是真的着急,尽管这案子确实容易扯皮,但是被对方三言两语就带了节奏,这很明显有问题啊！ The direction made a mistake, even if you said again many still useless. 方向错了,你就算说的再多也没用。 Zhou Yiwen happily chatted saying with a smile: „Ok, I said one to them.” 周毅闻言笑了笑道:“行啊,那我跟他们说一声。” Another side, the kingly way benevolent received Zhou resolute the call. 另一边,王道仁接到了周毅的电话。 „Zhou, making us raise the appeal? Can Teacher side on personally?” “周总,让我们提上诉吗？方老师要亲自上？” Made the telephone call, the kingly way benevolent had a look at Zhang Wei, had a look at Wu De again: „Zhou said that lets make the appeal.” 挂了电话,王道仁看看张伟,再看看吴德:“周总说让提起上诉。” Zhang Wei has a little been used to it, according to the beforehand idea, this does not absolutely need to appeal. 张伟已经有点习惯了,按照以前的想法,这根本没必要上诉的。 However now, that raises. 但是现在嘛,那就去提吧。 Skillful, just went to the place to run into Chen Wenjing. 巧了,刚刚到了地方就遇到了陈文景。 „Can you also raise the appeal? Then sees on the second trial!” “你们也要提上诉吗？那就二审见吧！” Second, third meets 1 : 00 pm. 第二更,第三更会晚 1 点。 ( This chapter ends) (本章完)