About credit whether is the reputation, side Dazhuang has said was very clear. 关于征信是否属于名誉权,方大状已经说的很清楚了。 Why must have the credit, whether this is your integrity one manifests, is the appraisal of honest credibility. 为什么要有征信,这是你是否诚信的一个体现,是诚信度的一个评价。 Since as the appraisal of honest credibility, were the society appraises surely. 那既然作为诚信度的评价,就必定是社会评价了。 Also therefore, when the credit record responded this person has the bad record, it represented him to be claimed as not integrity person. 也因此呢,当征信记录反应这个人有着不良记录的时候,其本身就代表着他就被评价为不诚信的人了。 Then is corresponding, even if manages the credit card time had not been seen by others, similarly represents his social appraisal to reduce. 那么相应的,就算是办信用卡的时候没有被其他人看到,同样代表着他的社会评价已经降低。 But now, side Dazhuang same has started the shooting off the mouth venom like a poisonous snake. 而现在,方大状已经如同一条毒蛇一样开始乱喷毒液了。 „If said according to the defense, then been authorized financial institution, and credit center, their appraisals can't calculate the appraisal?” “那如果按照被告方的话说,那被授权的金融机构,以及征信中心,他们的评价就不能算评价了？” This saying said coarse: 这话说的难听点: „Was your meaning others financial institution does not calculate ‚person’?” “你这意思是人家金融机构就不算‘人’了吗？” side Xiaoying handles the credit card, that is authorized the financial institution to inquire the credit surely, that drew back 10,000 steps saying that even if this credit reported that has not been known by the bystander. 方小莹办理信用卡,那必定是授权金融机构查询过征信的,那退一万步说,就算这个征信报告没有被外人知道。 Only the financial institution knows that she got up the bad credit, does not calculate that reduces the society to appraise. 难道只有金融机构知道她上了不良征信,就不算降低社会评价吗。 Not to mention the bad credit record by the matter that the schoolmate knew. 更不用说不良征信记录被同学么知道的事了。 yellow Yanhao stands there, the brain has been revolving rapidly. 黄严浩站在那里,大脑已经在飞速旋转。 His idea is, the credit record is close, is the closed loop, so long as credit card there has not affected side Xiaoying the appraisal, is not the reputation right infringement. 他的想法是,征信记录是封闭的,是闭环,所以只要信用卡那里没有影响到方小莹的评价,就不算名誉权侵权。 But he has not really thought, the pure credit, can involve the reputation! 但他还真的没想到,单纯的征信,就能涉及到名誉权！ Moreover the key is he himself felt, the fog folk remedy teacher said reasonable, had the feeling of past attending class time...... 而且关键是他自己都觉得,雾草方老师说的有道理啊,有种当年上课时候的感觉…… If diligently wants the countermeasure, however pitifully, not to sue to do is such problem, many laws the road of preinstall before holding court will basically only come along oneself. 努力要想对策,但是可惜,非诉做多了就是这么个毛病,很多法务基本上只会沿着自己在开庭之前预设的路来走。 discuss chose/point who once the opposite party said surpassed own idea, that will present the down the situation. 一旦对方所说的辩点超出了自己的想法,那就会出现宕机的情况。 Some people will not feel, so long as were the attorney went to the courtyard, what the opposite party said to come to deal calmly, speaks with confidence, can't? 不会有人觉得只要是律师上了庭,那对方说出甚么来都能冷静应对,侃侃而谈吧,不会吧不会吧？ The attorney awkward silence, that what to do, the repetitious talk, why many people will certainly not watch the hearing live broadcast, will think that some attorneys were speaking a few words back and forth, thought this person is sick. 律师当然不会冷场,那怎么办,车轱辘话呗,为什么很多人看庭审直播,会觉得有些律师在把一句话来回说,觉得这人是不是有病。 He is not sick, he does not know how to say...... is the tears. 他不是有病,他只是不知道咋说了……都是泪。 However, side Dazhuang said the opportunity of repetitious talk not to him! 然而,方大状连说车轱辘话的机会都不给他！ „ Said that focus of first dispute, us second, according to " Individual credit Information infrastructure Data bank administration Tentative method » 19 th stipulation, the objection information truly contains errors, the commercial bank must take the following measure: “说完了第一个争议的焦点,我们来说第二个,根据《个人信用信息基础数据库管理暂行办法》第十九条的规定,异议信息确实有误的,商业银行应当采取以下措施: „( 1 ) Must send the correction information to the credit service center ; ( 2 ) Procedure of inspection individual credit information sending ; ( 3 ) Inspects other credit information of follow-up sending, discovers the mistake, must send.” “(一)应当向征信服务中心报送更正信息;(二)检查个人信用信息报送的程序;(三)对后续报送的其他个人信用信息进行检查,发现错误的,应当重新报送。” „Evidence that then us, according to us provides three, our litigants had mailed duplicate/restores Kang Zhihang the objection application in written way early in August of last year, and on August 17 showed that receives and signs for!” “那么我们来看,根据我方提供的证据三,我方当事人早在去年八月的时候就已经以书面的方式将异议申请邮寄到了复康支行,并且于八月17日显示签收！” „, Unified the following our litigants to go to the defendant bank to raise the situation of oral objection several times, we had the reason to believe, the defense knows or must know the credit contained errors.” “那么,结合后续我方当事人数次前往被告银行提起口头异议的情况来看,我方有理由认为,被告方知道或者应当知道所涉征信有误。” Evidence three, is side Dazhuang takes, side Xiaoying mails the evidence of related written objection application. 证据三,也就是方大状拿出来的,方小莹邮寄相关书面异议申请的证据。 This is not the evidence of opposite party so-called signature, in this situation you are not possible to produce this type of evidence. 这并不是对方所谓签字的证据,这种情况下你是不可能拿出这种类型的证据。 But is the photograph of related objection application, as well as posts the express evidence the objection application, with evidence that the opposite party receives and signs. 而是相关异议申请的拍照,以及将异议申请寄送快递的证据,和对方签收的证据。 That many will say, said that your evidence proved the effort is insufficient, you are not the entire journey pat the video, that cannot show that this thing was really gives others the bank to send. 那很多人就会说了,说你这证据证明力度不足啊,你又不是全程拍视频,那根本不能证明这东西真的是给人家银行寄过去了。 If by some chance you, when sent express trades? 万一你在寄快递的时候换了呢？ Do not find it strange, this question is very normal, this is the reason why many people do not understand the civil action. 不要觉得奇怪,这种质疑很正常,这就是为什么很多人并不理解民事诉讼的原因。 That that they said that wants does not have any omission, the situation of formation evidence chain must be linked together, that is used in the criminal case. 他们说的那种,一定要没有任何遗漏,要环环相扣的形成证据链的情况,那是用于刑事案件的。 The evidence of criminal case too be strictly plentier than the civil case, will therefore also appear said, some case criminal activity is unable to determine guilt obviously, but civil can wrangle very long situation. 刑事案件的证据要比民事案件严格太多,所以也会出现说,某个案子明明刑事无法定罪,但民事就可以扯皮很久的情况。 The example that this inside many people know was eastern Elder Brother. 这里面很多人知道的例子就是东哥了。 But the civil case, you were impossible saying that can take completely completely these evidence, even the judge still knows that was impossible! 而民事案件,你也不可能说能把这些证据全部完完整整拿出来的,就算是法官也知道那不可能！ Because of Zhou resolute such anomaly, not possible to use the video record all processes even. 因为就算是周毅这样的变态,也不可能将所有的过程都用视频记录下来。 If there is a question, that can first think, before various cell phone photographies and monitoring do not have is so developed today, the court how places on trial, how does the civil case bring a lawsuit? 如果有质疑的,那可以先想一想,在各种手机拍摄和监控没有今天这么发达之前,法院是怎么审判的,民事案件怎么打官司的？ The civil action can mention suitably high probability standard, the judge will consider all the factors , conducts to recognize the ruling. 民事诉讼可以适用提到过的高度盖然性标准,法官会综合考虑,来进行认定判决。 Regarding other questions, such as „by some chance this is the evidence that make, if that photography picture not real?”. 至于说其他的质疑,诸如“万一这是自己弄的证据呢,万一那个拍摄照片不是真的呢？”。 That can only say one, in this world does not have so many eventuality, my goodness forge evidence, civil action in good condition, lost also lost, you forge such key evidence, affects the court now sufficiently! 那只能说一句,这世界上没有那么多的万一,好家伙伪造证据,本来好端端的民事诉讼,输了也就输了,你现在伪造这么关键的证据,足以影响到法院审判了！ You are dislike outside food is not delicious, in wants to go to eat light? 你是嫌外面的饭不好吃了,想去里面吃的清淡点吗？ Is this wants to bet the court can discover? In the spear/gun has the bullet? 这是想赌一赌法院能不能发现？枪里有没有子弹？ „And, the defense has not conducted presents evidence to show related , can therefore determine, since August 27 of last year later, duplicate/restores Kang Zhihang has not sent the personal information of our litigant to the credit administrative center.” “并且,被告方并没有进行相关举证来证明,也因此可以确定一点,从去年八月27日之后至今,复康支行并没有向征信管理中心报送过我方当事人的个人信息。” „Then we whether to believe that the defense does not want to come from beginning to end the correction relevant record, whether that can believe that this reputation/honorary right infringement causes because of the defense intentionally?” “那么我方是不是可以认为,被告方从始至终都没有想过来更正相关记录,那是不是可以认为,此次的名誉侵权是因为被告方故意而导致的呢？” The logical expression is, I said to you innumerable, your written also received, oral also listened. 说人话就是,我都给你说了无数次了,你书面的也收了,口头的也听了。 If felt I said that has the objection, for example this bad credit is right, you should present evidence saying that we have explained that the reason is anything. 如果觉得我说的有异议,比如这个不良征信是对的,那你应该举证说我们已经解释过了,理由是什么。 However clearly, the opposite party is unable to present evidence, because of related to court decision, you , to say that others application correction behavior is not right, you must first give to overthrow the court decision. 然而很明显,对方根本无法举证,因为涉及到法院判决,你要想说人家的申请更正行为不对,你得把法院判决先给推翻了。 Therefore, you cannot produce the evidence, tacitly approves you to know that this matter is wrong, but you know that this matter is wrong you have not sent, are you intentionally? 所以,你拿不出证据来,就默认你知道这事是错的,但是你知道这事是错的你还迟迟不报送,那你是不是故意的？ After all according to stipulating you must send in ten working days. 毕竟按照规定你在十个工作日内就得报送了。 Finally from August of last year to the present, this half year did not have the sound, after sending, is towed by the credit administrative center, has no sending behavior with you, this is two concepts! 结果从去年八月份到现在,这都半年了没动静,报送后被征信管理中心拖着,和你没有任何报送行为,这是两个概念！ yellow Yanhao stands there, often swallows the saliva, he feels that now returned to the initial classroom. 黄严浩站在那里,不时地咽口水,他现在感觉回到了当初的课堂上。 He wants to refute, for example they explained with side Xiaoying repeatedly, but that explanation has no effect. 他是很想反驳的,比如他们多次和方小莹解释,但是那个解释没有任何效果。 A few words why, Director permits said were, we are also doing the work diligently. 为什么,许主任挂在嘴边的一句话就是,我们也在努力做工作。 But cannot produce the evidence, that has no potency, who opens mouth to speak unable. 可是拿不出证据来,那就没有任何效力,张嘴说话谁不会呢。 Therefore can only say: „But we have sent now . Moreover the credit center has corrected the relevant information.” 所以只能说道:“可是我方现在已经报送,而且征信中心已经更正了相关信息。” What a pity these words were given the resentment by side Dazhuang quickly. 可惜这句话很快就又被方大状给怼了。 „According to the sending time, can infer after we filed the charge, therefore did not hinder the establishment of beforehand argument!” “根据报送时间,可以推断是在我方提起诉讼之后,所以并不妨碍之前论点的成立！” Here has to take to use, you have studied the evidence act! 这里有都拿出来用,你有没有学过证据法啊！ Behind side Dazhuang endured one, decided if the opposite party is so stupid, speaks these words! 后面这句方大状忍了一手,决定等会如果对方还这么笨,就说这句话！ On schoolmate little while face that these magnificence politics and laws come to audit does not have the smile, moreover many people were considering, when oneself encounter such situation how the performance can. 那些华栋政法前来旁听的同学这会儿脸上已经没了笑容,而且很多人都在考虑,当自己遇到这样的情况时表现会如何。 The answer is, has possibility might as well this school leader...... 答案是,有可能还不如这位学长呢…… „Deep and clear, this school leader good miserable oh......” a younger sister paper opens the mouth to say. “潇潇,这个学长好惨喔……”其中一个妹纸开口道。 Stands there alone, probably a dog. 孤零零地站在那里,好像一条狗哦。 Is called the deep and clear miss not to speak, looks at side Dazhuang the look fully is the star. 叫做潇潇的姑娘没说话,看着方大状的眼神已经满是星星了。 Really from the steamroll in entire aspect! 真的是从全方面的碾压！ The two bones of contention of case, side Dazhuang have talked clearly. 案件的两个争议点,方大状都已经说清楚了。 From beginning to end not to yellow Yanhao any opportunity, even said that the opportunity of repetitious talk has not given. 从头到尾没有给黄严浩任何机会,甚至连说车轱辘话的机会都没给。 At this time as long as the attorney of main point face, will not pull anything again „credit is seal” and so on words. 这个时候但凡要点脸的律师,也不会再重新扯什么“征信是封闭”的之类的话。 „Asked the defense directly to reply me, was this intentionally or the error?” “请被告方正面回答我,这是故意还是过失呢？” yellow Yanhao did not speak, how he did not know said that but he was clear, if oneself this little while dare to say anything, that will be given to seize by opposite that man surely, then according to rubbed on the ground. 黄严浩不说话,他不知道怎么说,但他清楚,自己要是这会儿敢说什么,那必定会被对面那个男人给揪住,然后按在地上摩擦。 Although has rubbed to the perspiration. 虽然已经摩擦到流汗了。 Is good because of the judge is knew that side Dazhuang, knows his welldoing, without continued to ask the question, then looks that yellow Yanhao opens the mouth saying: „What does the defense have to supplement?” 好在法官是认识方大状的,知道他德行,没等继续问问题,便看着黄严浩开口道:“被告方还有没有什么要补充的？” yellow Yanhao shakes the head difficultly, when knows that the opposite party was Teacher side was clear, the case will greatly possibly lose very much, now is also not unexpected. 黄严浩艰难地摇摇头,在知道对方是方老师的时候就清楚了,案子很大可能会输,现在也算是没有出乎预料吧。 However...... this feeling is not really good. 但是……这种感觉真的不好。 „Ok, the forensic argument ended, the litigant plead the final opinion.” “好了,法庭辩论结束,当事人陈诉最后意见。” The voice falls, Zhou resolute then saw clearly, side Dazhuang looks like one very failed to explode suddenly the heavy machine gun, red was almost warm. 话音落下,周毅便清楚地看到,方大状就像是一挺突然哑火了的重机枪,差点就红温了。 Without the means that prepares the good eight issues and opposite party, if after the reply issue the words after of 100 taunts were suppressed instantaneously came back, everybody will be red warm. 没办法,准备好的八个问题和对方如果回答不上来问题后的一百句嘲讽的话语瞬间被憋了回来后,谁都会红温。 In the visitors'gallery that looks at actually many people smiled, side Dazhuang likes to exploding the opposite party resentment on the court the matter they have heard. 倒是看的旁听席上很多人都笑了,方大状喜欢在法庭上把对方怼到爆的事他们都听说过。 Why also does not know, now saw that after side Dazhuang the judge jumped over this stage forcefully, there is an inexplicable crisp feeling...... 也不知道为什么,现在看到方大状被法官强行跳过了这个阶段后,有种莫名的爽感…… The closing statement opinion has no words saying that „invited the judge supported the plaintiff( defendant) request”, this. 最后陈述意见已经没什么话说了,“请法官支持原告(被告)的请求”,就这样。 The presiding judge announced the adjournment, side Dazhuang sits the rest, prepared white/in vain, does not know that the opposite party can appeal. 审判长宣布了休庭,方大状坐下来休息,白准备了,也不知道对方会不会上诉。 If appeals, that's good. 如果上诉的话,那还好。 What is abnormal, this is abnormal, the first trial did not have a result, had been anticipating the opposite party appealed to start the second trial. 什么是变态,这就是变态,一审还没出结果呢,已经期待着对方上诉开始二审了。 Waited some little time, finally, the presiding judge comes out, judged in court! 等了好一会儿,终于,审判长出来,当庭宣判！ According to...... the ruling is as follows: 根据……判决如下: One: Changes the credit record, defendant duplicate/restores Kang Zhihang in has sent to the credit administrative center presently, and has changed. 一:更改征信记录,被告复康支行在当前已经向征信管理中心报送,并且已经更改。 Two: The defendant demon leaps commercial bank duplicate/restores Kang Zhihang after the ruling becomes effective in ten days, loses 20,000 Yuan to the plaintiff small sparkling stone compensation right infringement. 二:被告魔都飞跃商业银行复康支行在判决生效后十日内,向原告方小莹赔偿侵权损失两万元。 Rejects side Xiaoying other lawsuit requests. 驳回方小莹的其他诉讼请求。 This case legal fee 300 Yuan, are undertaken by defendant duplicate/restores Kang Zhihang. 本案诉讼费三百元,由被告复康支行承担。 The reason of court is, because of the reputation of credit harm, eliminates the influence after the sending correction information sufficiently, the public apology request that therefore advocates regarding side Xiaoying does not support. 法院的理由是,因为征信损害的名誉权,在报送更正信息之后足以消除影响,因此对于方小莹主张的公开道歉请求不予支持。 The logical expression is, your considering credit surnamed Fang involves the reputation, in situation that in the credit has corrected, the influence also eliminated, therefore does not need the public apology to eliminate the influence. 说人话就是,你姓方的认为征信本身就涉及名誉权,那么在征信已经更正的情况下,影响也就消除了,所以不需要公开道歉来消除影响。 After side Dazhuang listened to the ruling, is a little silent, unexpectedly without the support publicly apologized this demand, he wants to make the appeal instantaneously. 方大状听了判决后有点沉默,居然没有支持公开道歉这个诉求,他瞬间就想提起上诉了。 However must ask that side Xiaoying this litigant, refers to the opinion of opposite party while convenient. 不过还是得问问方小莹这个当事人,顺便参考一下对方的意见。 yellow Yanhao there whole face forced smile, because Professor journey and many audit students have encircled. 黄严浩在那里满脸地苦笑,因为程教授和很多的旁听学生都已经围了上来。 But before, these types encouraged his roommate diehards, this little while actually went forward, very disconsolately his shoulder. 而之前,那些各种鼓励他的舍友死党们,这会儿却是上前,很是惆怅地他的肩膀。 „old yellow, painstakingly you......” “老黄,苦了你了……” Fearful and apprehensive that just that situation, they looked, for fear that Teacher side opened the taunt, was good also calculates because of the judge to the strength. 刚刚那态势,就连他们这些人都看的心惊肉跳,生怕方老师开了嘲讽,好在法官还算给点力。 This was also the demon, you put other place, that no one will be clear about this point radically. 这也就是魔都了,你放到别的地方,那根本没人会清楚这一点。 Said that looks at a Teacher side secretly, sees the opposite party and young people speaks there, probably the mood also good appearance, this felt relieved. 说完又偷偷瞄一眼方老师,见对方和一个年轻人在那里说话,好像心情还不错的样子,这才放下心来。 Teacher side not just can say, but can also hit, this was very terrifying...... 方老师不单单能说,还能打,这就很恐怖了…… In a magnificence politics and law also spreads the initial score, the debate is debating, but, fights cannot be victorious, moreover others hit you can also say that you injured intentionally, oneself were the justifiable defense, whom asked to reason things out! 华栋政法内至今还流传着当初的战绩,辩论辩不过,打架也打不过,而且别人把你打了还能说你故意伤害,自己是正当防卫,找谁说理去！ Here, side Dazhuang said with a smile: „All right, am I in your eyes that anomaly? Being probable to make in the will of the people collapse on the court is good?” 这边,方大状笑道:“没事啊,我在你眼里就是那种变态吗？非得在法庭上让人心里崩溃才行？” Zhou Yixin said that you are are very clear, or the week also is very joyfully clear. 周毅心道你是不是自己心里很清楚,或者周欣然也很清楚。 But he chose wisely does not speak this saying. 但他明智地选择不说这话。 Got down side Dazhuang of court and on side Dazhuang of court is two entirely different lifeform, on the court, that did not have the human nature. 下了法庭的方大状和上了法庭的方大状是两种截然不同的生物,上了法庭,那就是没人性的。 „Right side Dazhuang, you thought that the opposite party will appeal?” Zhou resolute spoke thoughtlessly to ask. “对了方大状,你觉得对方会上诉吗？”周毅随口问道。 side Dazhuang hears word smiled again: „Returns the appeal? You thought that little yellow not crisp enough, I and you said, the opposite party is absolutely impossible to appeal.” 方大状闻言再次笑了:“还上诉？你是觉得那个小黄没爽够是吧,我和你说,对方绝对不可能上诉的。” „Can not need publicly to apologize, they already all that one could wish good, therefore they are absolutely impossible to appeal, you believe me!” “能不用公开道歉,他们已经烧高香了好嘛,所以他们绝对不可能上诉的,你信我！” „This time was my general idea/careless, without paying attention to this, you and others I went back to prepare well, this must the appeal make them attractive!” “这次算是我大意了,没有注意这一层,你等我回去好好准备一下,这必须得上诉让他们好看！” side Dazhuang the words are categorical, the fact also showed, the opposite party has not appealed in court, side Dazhuang is also smiles happily 方大状的话斩钉截铁,事实也证明,对方并没有当庭上诉,方大状也是笑得更得意 This little while lawsuit fired off, naturally must meet with the students. 这会儿官司打完了,当然得和学生们见见面。 Therefore side Dazhuang leads Zhou resolute to go to and students of these magnificence politics and laws greets. 于是方大状带着周毅去和那些华栋政法的学生打招呼。 Comforts while convenient scared yellow Yanhao, but had words on the tip of the tongue changed the flavor. 顺便安慰一下已经失魂落魄的黄严浩,只是话到嘴边就变了味道。 „little yellow, is not a lawsuit, all right, can go back to ask your leaders, has a look to be willing to appeal......” “小黄,不就是一个官司嘛,没事,可以回去问问你们领导,看看愿不愿意上诉……” Professor journey shakes the head, goes forward saying: „Good old side, making little yellow first go back, looked that gives the lane this child.” 程教授摇摇头,上前道:“好了老方,让小黄先回去吧,看把这孩子给弄的。” „Everyone paid attention, today after going back, can write one to hand over to know to me regarding the understanding article of reputation?” “还有大家注意了,今天回去之后要写一篇对于名誉权的理解文章给我交上来知道吗？” Because of seeing side Dazhuang, but very happy students faded immediately, at writing work matter, from the elementary school to the university, basically the attitude has not changed. 原本因为见到方大状而很开心的学生们顿时蔫了,在写作业这件事上,从小学到大学,基本上态度都没变过。 Is good because of satisfying a craving that very everyone today watches the fun to look at! 好在大家今天看热闹看的很过瘾！ yellow Yanhao finally slow, can publicly do not apologize, after going, is not the confession does not have finally. 黄严浩终于缓了过来,能不要公开道歉,会去之后总算不是什么交代都没有。 However, he has not thought, the Director permits response so will be big! 然而,他并没有想到,许主任的反应会这么大！