TOWSMAICBYUM :: Volume #4

#385 Part 2: I and Teacher side 55 open, I also win him frequently

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But does not have a written application, you said that you went to the bank to urge many times, your evidence? 而没有书面的一个申请,你说你去银行催了好多次,那你的证据呢？ Now many people are very careful, why must meet to chat, regardless of because the telephone conversation sound recording chatted the record to treat as the evidence to use. 要知道,现在很多人都很小心,为什么要见面聊,因为无论通话录音还是聊天记录都可以当做证据来用。 Therefore according to whom advocated principle that who presents evidence, you must show that said you and others have said. 所以根据谁主张谁举证的原则,你得证明说你和别人说过了。 Listens to the feeling to be very incoherent, but this is the reality. 听着感觉很拗口,但这就是现实。 But after producing this evidence , the situation was different, my here regards as you to know or must know, if you cannot produce the evidence to show that you and I have explained that I occupy the principle. 而拿出这份证据后情况就不同了,我这边视为你们知道或者应当知道,你们如果拿不出证据来证明你们和我解释过,那我就是占理了。 Initially side Xiaoying the hand-written showing was disregarded directly, even can say, without the eyes of Director permits, looks after all was very nonstandard. 当初方小莹的这份手写说明直接被无视了,甚至可以说,都没进了许主任的眼,毕竟看着就很不标准。 Probably the child doodle is ordinary. 像是小孩涂鸦一般。 side Xiaoying also without the means that tries casually, behind would have no to be serious, finally side Dazhuang after knowing to have this thing, from 5000 changed to 20,000 money that the request compensated directly...... 方小莹也是没办法了,随便试了试,后面就没当回事了,结果方大状在知道有这东西后,直接把要求赔偿的钱从五千改成了两万…… Yes, side Dazhuang had not wanted so many to come before even. 是的,之前就算是方大状也没想要这么多来着。 In such a case, duplicate/restores Kang Zhihang is certainly impossible specially to send a written informing letter to give side Xiaoying to explain that because they are impossible to explain, this matter did pass on that also to? 在这样的情况下,复康支行当然不可能专门发一份书面的告知函来给方小莹解释的,因为他们不可能解释,这事传出去那还得了？ The focus that also therefore, both sides disputed lay in two ; first , credit record whether was the reputation content, its two were, duplicate/restores Kang Zhihang did not report intentionally, had not reported to the credit center promptly. 也因此呢,双方争议的焦点在于两个,其一是,征信记录是否属于名誉权内容,其二则是,复康支行是故意不报,还是未及时向征信中心报告。 These two behaviors have the mistake, but the former and latter's responsibility degree is obviously different. 这两种行为都有过错,但是前者和后者的责任程度是明显不同的。 Latter, but means that others want to report, because of this and that reason, has not reported promptly, you think, the voluntary manslaughter and error died, the discretion of punishment is different, that compensation is also definitely different. 后者,只是意味着别人想报呢,但是因为这样那样的原因,没有及时地上报,那你想想,故意杀人和过失致人死亡,量刑不同,那赔偿肯定也是不同的。 This is the core of argument! 这是争论的核心！ Although yellow Yanhao feared very much, but has the courage forcefully , cannot compare in any case like this now is worse. 尽管黄严浩心里很怕,但还是强行鼓起勇气,反正都这样了,总不能比现在更差。 Therefore in view of the first dispute focus, he gave own discuss chose/point. 所以针对第一个争议焦点,他给出了自己的辩点。 „Even has not sent the correction information promptly, because of the individual credit database is the loop system, according to credit center official site issue «Credit report Introduction», the use of credit report is only restricted in the financial institution that the commercial bank, handles the credit according to law at present, with People's Bank!” “就算未及时报送更正信息,因个人信用数据库系封闭系统,根据征信中心官网发布的《个人信用报告介绍》,个人信用报告的使用目前仅限于商业银行、依法办理信贷的金融机构,和人民银行！” „Naturally, the consumer can also gain own credit report in the person line.” “当然,消费者也可以在人行获取到自己的信用报告。” „But, according to the difference of user, individual credit system provides the credit reports of different format , inquired the version and credit center interior edition of three formats including the bank version personally, served the commercial bank class financial institution, consumer and People's Bank respectively.” “但是,根据使用对象的不同,个人征信系统提供不同版式的个人信用报告,包括银行版、个人查询版和征信中心内部版三种版式,分别服务于商业银行类金融机构、消费者和人民银行。” „When commercial bank, consumer or People's Bank, inquiry inquiry credit report must obtain is inquired person's comrade-in-arm, and preserves is inquired the personal documents copy of person, in other words the credit report only limits the financial relevant agency and message body oneself inquires and uses, when inquiry inquiry credit report must obtain is inquired person's comrade-in-arm.” “不管是商业银行、消费者还是人民银行,查询者查询个人信用报告时都必须取得被查询人的书面授权,且留存被查询人的身份证件复印件,也就是说个人信用报告仅限金融相关机构及信息主体本人查询和使用,查询者查询个人信用报告时都必须取得被查询人的书面授权。” „And the plaintiff has not written up the evidence to prove, it has not handled the successful credit card , because this/should bad credit record, because is unable to handle the credit card, its reason many......” “且原告方并没有出具证据证明,其未办理成功信用卡,是因为该项不良征信记录,因为无法办理信用卡,其原因很多……” „In summary, we think that this bad credit will not affect the social appraisal of plaintiff, causes the plaintiff spirit loss and material loss, the effect fame, therefore, the plaintiff thinks that the behavior of defendant violates its reputation not to have the fact and legal basis, should not support!” “综上所述,我方认为这一不良征信并不会影响原告的社会评价,导致原告精神损失、物质损失,影响声誉,因此,原告认为被告的行为侵害其名誉权没有事实和法律依据,不应支持！” Said a big pile, the core viewpoint only then, this thing is very close, if others must look that must obtain your authorization, therefore, will not affect your social appraisal. 说了一大堆,核心观点只有一个,这东西很封闭,而且如果别人要看都得取得你的授权,因此呢,不会影响你的社会评价。 But in the opposite, Zhou resolute has looked, was more excited on spiritual very stimulated side Dazhuang. 而在对面,周毅已经看出来了,原本就精神很亢奋的方大状更加兴奋了。 To be honest, Zhou resolute felt, this yellow Yanhao level truly. 老实说,就连周毅都觉得,这位黄严浩的水平确实还可以。 side Dazhuang opens the mouth to say finally: „Defendant argued, individual credit was extremely close, will only serve such several situations, therefore did not affect individual reputation/honorary, I think that was not this.” 方大状终于开口道:“被告所辩称说,个人征信极其封闭,只会服务于那么几种情况,所以不影响个人名誉,我认为并不是这样。” „The essence that credit system has what is, displays individual honest credibility appraisal, if the credit bad record is unable to manifest individual honest credibility, that asked that what significance the so-called credit record also does have?” “征信系统存在的本质是什么呢,就是表现个人诚信度评价的,如果征信不良记录都无法体现个人的诚信度,那试问所谓的征信记录还有什么意义吗？” „ However individual honest credibility appraisal, is an extremely important component of social appraisal, since that appraises as the society, how also possibly isn't the reputation? “而个人诚信度评价,便是社会评价的一个极其重要组成部分,那么既然作为社会评价,又怎么可能不是名誉权呢？ „However according to «Individual credit Information infrastructure Data bank administration Tentative method» sixth, the commercial bank must observe the individual credit database standard and related request that People's Bank issues, accurately, completely and promptly to individual credit database sending individual credit information.” “而根据《个人信用信息基础数据库管理暂行办法》第六条,商业银行应当遵守人民银行发布的个人信用数据库标准及其有关要求,准确、完整、及时地向个人信用数据库报送个人信用信息。” „However the defense has not achieved the related request very much obviously!” “而被告方很显然没有做到相关要求！”
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