TOWSMAICBYUM :: Volume #4

#384 Part 2: Since did not say, let alone that

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Saw with own eyes that the opposite party did not speak, Zhou Yizhan came out to summarize: „Good Classic of Music principle, since is not willing to discuss that do not discuss, we bring a lawsuit according to the procedure/program on the line.” 眼见对方不说话,周毅站出来总结了:“好了乐经理,既然不愿意谈,那就别谈了,咱们按程序打官司就行。” Said that hangs the power failure words, immediately has a look at side Dazhuang, two people exuded the big laughter immediately. 说完挂掉电话,随即看看方大状,两人顿时发出了大笑声。 We must manage now unforgiving, why can we manage rich/forgive people? 我们现在得理不饶人,我们得理了凭什么饶人？ How others did before, how on can rich/forgive people? 人家以前是怎么做的,怎么就得必须饶人呢？ After us, if comes across the similar issue, we recognized! 至于说我们以后如果遇到同样的问题,那我们都认了！ In bank, Classic of Music principle hesitant half of the day, returned to the office of Director permits, this little while two people have walked the remaining interview procedures, were chatting some trivial matters. 银行里,乐经理犹豫了半天,还是回到了许主任的办公室,这会儿两人已经把剩下的采访程序走完了,正在聊着一些琐事。 Saw that the Classic of Music principle comes, Yang Xiaohong then said goodbye: „Classic of Music managed, Director permits I first walked, your reports should for sometime be able to come out.” 见到乐经理进来,杨晓红便告辞道:“乐经理来了,那许主任我就先走了,你们的报道应该会有一段时间才能出来。” Director permits nods saying: „Ok, troubled Reporter Yang.” 许主任点点头道:“行,麻烦杨记者了。” When Yang Xiaohong leaves, here Classic of Music principle rushes saying: 等杨晓红离开,这边的乐经理赶忙说道: „Director, I just asked that the opposite party is not willing to mediate withdraws a suit.” “主任,我刚刚问了,对方不愿意调解撤诉。” As soon as Director permits listened to get angry, exclaimed: „What? Haven't you told her us to comply to help improve the credit? How to have wanted?” 许主任一听就怒了,吼道:“什么？你没告诉她我们都答应帮忙把征信改好了？怎么还不愿意？” „The director, I did not say, but that side Xiaoying Elder Brother and fathers said, said that only if satisfies their demands, is in the petition of appeal that three matters, will otherwise not mediate absolutely.” Classic of Music principle hurrying answered. “不是啊主任,我都说了,可那个方小莹的哥哥和父亲都说,说除非满足他们的诉求,就是起诉状上那三个事,否则绝对不会调解的。”乐经理赶忙解释道。 Director permits has read the petition of appeal, naturally knows that these three demands, hears Yanzhen is the anger soars to the heavens! 许主任看过起诉状,自然知道这三个诉求,闻言真的是怒火冲天！ „Can satisfy? Ok, it seems like that this had confidence that very much, what person I had not seen in demon so many years, you shouted that our laws come, I have not believed that did the periodic statement by company make a mistake must lose money the apology? Where has this truth!” “非得满足？行啊,看来这是很有把握啊,我在魔都这么多年了什么人没见过,你去喊我们的法务过来,我还不信了,征信录错了还得赔钱道歉？哪有这个道理！” The Classic of Music principle nod complies, he had not been given a class matter to say by side Xiaoying her father before. 乐经理点头答应,他还是没把之前被方小莹她爹给上了一课的事说出来。 Because she felt the opposite party said probably makes sense...... 因为她自己都感觉对方说的好像有道理…… Without the means that side Dazhuang has this mysterious talent, a that point wraps point of reasoning things out, can make you feel, probably is really this. 没办法,方大状就是有这种神奇的天赋,那种一环套一环的说理,就是能让你感觉,好像真的是这样。 Shortly , the law of subbranch was shouted. 没多久,支行的法务被喊了过来。 „The beforehand matter you knew, our defendants!” “之前的事你都知道了吧,我们被告了！” The law is surnamed Huang, calls yellow Yanhao, hears word nods saying: „I know the director, because of credit issue defendant right, said that we violated her reputation.” 法务姓黄,叫黄严浩,闻言点点头道:“我知道主任,是因为征信问题被告的对吧,说我们侵犯了她的名誉权。” „Yes, moreover must make us lose money the apology, otherwise does not withdraw a suit, therefore basically must file this lawsuit, what to do you said this matter, our odds of success how?” Director permits sits in the desk, drinks tea while asks. “是啊,而且必须得让我们赔钱道歉,否则就不撤诉,所以基本上必须得打这个官司了,你说这事怎么办吧,我们胜算如何呢？”许主任坐在办公桌里,一边喝茶一边问道。 yellow Yanhao thinks saying: „Director, I had just thought that our here win rates are big, after all credit thing is very close.” 黄严浩想了想道:“主任,我刚刚就已经想过了,我们这边的胜诉率还是蛮大的,毕竟征信这个东西很封闭。” „Generally speaking, only if the special time, for example purchases homes and so on, will hit the credit, otherwise walks on the street few individuals can know that someone was included the bad credit to record such matter.” “一般来说,除非是特殊时候,比如买房子之类,才会去打征信,否则的话走在街上没几个人能知道谁谁谁被列入不良征信记录这样的事。” „After all others not possible to check the credit to him, but the reputation is a social appraisal, but if itself this matter had not been disseminated, that was how impossible saying that violated the reputation!” “毕竟其他人也不可能给他查征信,而名誉权是一种社会评价,但如果本身这件事都没被传播,那无论怎样都不可能说侵犯名誉权的！” „Therefore I believe, our chances are truly big!” “因此我认为,我们的赢面确实大！” yellow Yanhao also graduates from the outstanding student of magnificence politics and law, the theoretical knowledge is very solid. 黄严浩也是毕业于华栋政法的高材生,理论知识十分扎实。 This is his idea, he thinks that this matter has not disseminated, but without the dissemination, means that does not have the matter of reputation right infringement to happen. 这就是他的想法,他认为这件事没有传播,而没有传播,就意味着没有名誉权侵权的事情发生。 Two people present, I scolded you, not by third person of awareness, that was not the reputation right infringement! 只有两个人在场,我骂你一句,没有被第三人知道,那不算名誉权侵权！ Understood about the reputation core, and court supports the demand of what nature, can explain clearly with a case. 关于名誉权的核心理解,以及法院支持什么性质的诉求,用一个案子就能解释清楚。 Zhang San received a banding to have the message of insulting spoken language, then he knows that this was Li Si sends. 张三收到了一条带有侮辱性言语的短信,然后他知道这是李四发的。 He thought that Li Si violated oneself reputation, considered the court the opposite party backhandedly. 他就觉得李四侵犯了自己的名誉权,反手将对方告上了法庭。 Finally was rejected by the court, the reason is: Has not constituted the violation reputation to the third person this/should insult opinion publicly. 结果被法院驳回,理由是:未将该侮辱言论向第三人公开不构成侵害名誉权。 However, if Zhang San's demand were the opposite party insulted itself, that was possibly supported by the court, some so-called odd ruling that therefore sometimes many media reported that you must first have a look at plaintiff's demand are anything. 但是呢,如果张三的诉求是对方侮辱了自己,那就可能被法院支持,所以有时候很多媒体报道的一些所谓离谱判决,你得先去看看原告的诉求是什么。 This also meets yellow Yanhao the understanding, he does not think that the credit such close thing will also involve the reputation. 这也会黄严浩的理解,他并不认为征信这样封闭的东西也会涉及到名誉权。 Straight nod that Director permits listens, said: „That line, since they must consider, that brings a lawsuit, little yellow, this case gave you.” 许主任听的直点头,说道:“那行了,既然他们要告,那就打官司吧,小黄,这个案子就交给你了。” yellow Yanhao was smiling, then there attained that pile of materials from Director permits. 黄严浩一脸微笑,然后便是从许主任那里拿到了那堆材料。 Returns to own office, opens the petition of appeal transcription, other has not noticed, swept the name of opposite party agent. 回到自己的办公室,打开起诉状副本,其他的都没注意到,一眼就扫到了对方代理人的名字。 side Xujing! 方许镜！ Instantaneously, yellow Yanhao, because these three characters were shocked directly, he felt that oneself heart seizes instantaneously. 瞬间,黄严浩因为这三个字直接愣住了,他感觉自己的心瞬间揪住。 Yes, reasons things out to turn over to reason things out, he truly thinks that this case can win, does not encroach what right absolutely, but...... must look at the person, the agent who must look at the opposite party who is. 是,说理归说理,他确实认为这案子能赢,绝对不侵犯什么权利,但……得看人,得看对方的代理人是谁。 Isn't this really that Teacher side? 这不会真的是那个方老师吧？
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