To proficiently was the same Chapter 397 to here 第397章到了这里就跟到家一样呢 The gym, the beauty shop, the barber shop, was known as that is the travelling probability highest place. 健身房,美容院,理发店,号称是跑路概率最高的场所。 But in fact, so long as is the situation of prepay, it is easy to travel, is this is not your contract strict can decide. 但事实上,只要是预付费的情况,它都容易跑路,这不是你合同严不严密就能决定的。 Now, the opposite party had travelled from property here shortly, some people start to back down, but others, was shouting the door opens forcefully, obtained inside thing everyone minute/share. 现在,眼看着从物业这里查到对方已经跑路了,一些人开始打退堂鼓,而另一些人,则是喊着把门给强行打开,把里面的东西大家分一分得了。 Also some expressed other branch stores, everyone draws the banner to do together, must make its business unable to do. 还有的则表示去其他分店,大家一起拉横幅干嘛的,要让它生意做不下去。 To be honest, such method sounds has a little venting, however, Zhou resolute does not plan to do. 说实话,这样的方法听起来有那么一点解气,但是呢,周毅并不打算这么干。 To put it bluntly this is really does not have the means of means that if the opposite party reported to the police when the time comes, this they were rational become have not really managed. 说白了这是实在没办法的办法,如果到时候对方报警,这他们真的是有理都变得没理了。 Fair? Naturally is unfair, others can illegal no one manage unscrupulously, we did wrong. 公平吗？当然不公平,别人能肆无忌惮地违法没人管,我们一做就错了呢。 In the final analysis is the issue of cost of law violation. 归根结底是个违法成本的问题。 But he cannot calm down now these people, does not want to urge, everyone has the respective idea, his Zhou resolute is what. 但他现在是劝不住这些人的,也不想去劝,大家都有各自的想法,他周毅算老几呢。 Therefore he can only shout that several neighbors who look at to be able to convince, for example side this bald big brother. 所以他只能喊几个看着能劝得动的邻居,比如旁边这位光头大哥。 „Brother Zhou, you were said that we first reported to the police, then went to the market regulation there right, but was like this useful?” On the bald big brother face has the doubts to say. “周兄弟,你是说我们先去报警,再去市场监管那里对吧,可这样有用吗？”光头大哥脸上带着疑惑道。 Saw with own eyes that Zhou resolute is not quite clear, the bald big brother touched oneself bald, looked at outside world, this said: „Be honest with you brothers, this gym, was I have experienced the fifth travelling gym......” 眼见周毅不太明白,光头大哥摸了摸自己的光头,看了看外面的世界,这才说道:“不瞒你说兄弟,这个健身房,是我经历过的第五家跑路健身房了……” What thing? Is listening to this big brother’s words, Zhou resolute were shocked. 啥玩意？听着这大哥的话,周毅都惊呆了。 Fifth...... I said that this treads the horse to travel are not related with me absolutely! 第五家……我就说嘛,这踏马跑路绝对和我没关系！ However this big brother experienced anything...... 不过这大哥到底经历了啥…… „I fitness many years, jokes aside, I have not seen the gym to manage for a long time, moreover I was very strange, I think each time has inspected, can the managing year card, then it run.” “我健身已经很多年了,说真的,我就没见过健身房能办长久的,而且我就很奇怪,每次我以为已经考察好了,可以办年卡了,然后它就跑路了。” The bald big brother, on the face brings a disconsolateness at this point. 光头大哥说到这里,脸上带着一股惆怅。 Zhou resolute is suddenly enlighted, no wonder this big brother saw that front door to be locked at that time, does not need to look that knows this gym travelled, originally is the long illness becomes the excellent doctor. 周毅恍然大悟,怪不得这大哥当时一见那大门锁着,都不用看就知道这健身房是跑路了,原来是久病成良医啊。 Leads curious Zhou resolute to ask: „Before that you, is how the rights protection?” 带着好奇周毅问道:“那伱们以前是怎么维权的？” The bald big brother swings the benetnasch head: „How can also, on mouths say how must how, want to wait for others to act finally, finally simply no one organization.” 光头大哥摇摇光头:“还能怎么样,一个个的嘴上都说要咋样咋样,结果就想等着别人出面,结果就干脆没人组织。” „Reported to the police, said that this is the economic dispute does not put on record, then goes to market regulation there, said that their side cannot enforce, suggested that we walk the legal way, hitting the residential hot line is to let wait, this first-grade two years passed by......” “报警了,说这是经济纠纷不予立案,然后去市场监管那里,说他们那边也不能强制执行,建议我们走法律途径,打市民热线就是让等着,这一等就两年过去了……” „Before at that time they travelled, carries out the preferential benefit, the years card is the white vegetable price, more than 1000, this everyone does not want, because this sues, could not find that boss, therefore let it go finally.” “当时他们跑路之前都搞优惠,年卡都是白菜价,一千多块,这大家也都不愿意因为这个去起诉,又找不到那个老板,所以最后就不了了之了。” Zhou resolute nods, this truly can understand, could not find in the situation of person, that delivery will turn into the announcement delivery, originally very long lawsuit period will become will be longer. 周毅点头,这个确实能理解,找不到人的情况下,那送达就会变成公告送达,本就很长的诉讼期会变得更长。 Because announced that the delivery requires 60 days. 因为公告送达需要六十天的时间。 Moreover could not find the person, will face carries out the difficult issue, the gym owes money, where has something to carry out the asset. 而且找不到人,更是会面临执行难的问题,健身房本身都欠着钱呢,哪有什么可执行资产。 „Boss , if the legal representative, his will be limited high? Moreover, really enforces, even if could not find the person, can still look for his property, because of these money of gym advance receipt, the boss to prepare to discard to work as old Lai?” “那老板如果是法人代表,他这样岂不是会被限高？而且,真的强制执行,就算找不到人,也可以找他的财产啊,难道说因为健身房预收的那些钱,那老板就准备舍弃一切当老赖吧？” The bald big brother opens the mouth saying: „Very difficult, is very difficult, I when the fourth gym boss run also has sued, then we know, originally that gym early six months ago legal representative trading.” 光头大哥开口道:“很难的,真的很难,我在第四次健身房老板跑路的时候也起诉过,然后我们才知道,原来那个健身房早在半年前就把法人代表给换了。” „The person who changes we have not seen, but others, since is willing to come up to take over a business to be a scapegoat, showing has passed through is prepared, therefore finally, may not carry out the property, the court does not carry out.” “换上去的人我们也没见过,但人家既然愿意上去接盘背锅,就说明早已经做好这个准备了,所以最后,没有可执行财产,法院就不执行了。” This...... can also play is so colored, meaning Zhou resolute who does not carry out knows, ends this execution procedure, because had not found to carry out the property temporarily. 啊这……还能玩的这么花嘛,不执行的意思周毅知道,就是终结本次执行程序,因为暂时没有找到可执行财产。 This group of people play was too a little good, how to feel that they are finding the easy way out. 只是,这帮人玩的有点太牛了吧,咋感觉他们在钻漏洞呢。 money Shou of prepay comes back, then took through some methods money, handles the legal representative to change, changed the boss, oneself no longer participate in the gym operating. 预付的钱收回来,然后把钱通过一些方法拿了,办理法人代表变更,也就是换了老板,自己不再参与健身房运营。 As for the gym, the house rent is hands over in any case generally for a year, water and electricity anything does not need to be worried, is only the wages and instrument. 至于健身房本身,反正房租一般都是交一年的,水电什么的也不用担心,唯一的就是工资和器械。 The instrument moves away secretly, or will forward to other gym, the wages generally, a small number of some gyms, that will be will fall behind the wages directly. 器械偷偷运走,或者转给别的健身房,工资嘛一般都会给,少数一些健身房,那是直接会把工资都拖欠。 „Then after a period of time, waited for the wind sound/rumor in the past, others opened a gym again, then played, or opened beauty shop anything, first let manage the card...... bald big brother unable to bear in any case” shake the head at this point. “然后过一段时间,等风声过去,人家再开一家健身房,再这么玩,或者开美容院什么的,反正都是先让办卡……”光头大哥说到这里都忍不住摇头了。 Nowadays, the astute person everywhere is. 这年头,精明人到处都是。 Zhou resolute is really startled now, he usually in too does not pay attention to these matters, now discovered, felt these people regarded a receiving money industry the gym! 周毅现在是真的被惊到了,他平日里不太关注这些事,现在发现,感觉这些人把健身房都当成了一个收钱的产业！ Walks the legal way, warning, useless, a saying was the economic dispute. 走法律途径呢,报警,没用啊,一说就是经济纠纷。 „This big brother, this we have not investigated now, therefore should not be in that degree temporarily, therefore my suggestion is, we or first take some measures.” “这位大哥,这个咱们现在还没调查,所以暂时来说应该还没到那个程度,所以我的建议是,我们还是先采取一些措施。” Zhou resolute thinks to say. 周毅想了想说道。 The people cannot frighten itself, before that bald big brother, encounters such situation, does not represent this time is also the same situation. 人不能自己吓自己,那光头大哥之前遇到这样的情况,不代表这次也是一样的情况。 „Like this, I first find a person to ask.” “这样,我先找个人问问吧。” side Dazhuang is the best choice, but made several phone calls, side Dazhuang are talking over the telephone, that can only first look for others. 方大状是最好的选择,但是打了好几次电话,方大状都正在通话中,那只能先找找别人。 A telephone, Zhou resolute hit to Huo Pengfei. 一个电话,周毅打给了霍鹏飞。 „, Zhou did, how, what matter ask me to have?” Huo Pengfei's voice resounds. “哦,周总,怎么了,找我有什么事吗？”霍鹏飞的声音响起。 „Is such Pengfei, I did not report a gym before, right, is of clear/pain blue together report, do not interrupt, now this gym boss possibly travels......” “是这样的鹏飞,我之前不是报了个健身房嘛,对对对,就是和楚蓝一起报的那个,诶你别打岔,现在这个健身房老板可能跑路了……” Said the general situation, immediately Huo Pengfei's voice resounds. 将大概情况说了说,随即霍鹏飞的声音响起。 „I had known Zhou, but now the situation is not quite clear, therefore I cannot give what specially good suggestion, is only, regarding this case, must take the measure as soon as possible, I suggested that you can first report to the police.” “我已经知道了周总,但是现在情况不太清楚,所以我也给不出什么特别好的建议,只是呢,对于这种案件,还是得尽早采取措施,我建议你们可以先去报警。” „You listened to me to say Zhou, reported to the police we, no matter useful useless, certainly must first walk this procedure/program, waited for the public security organ to give you that side to write up did not give the notice of case registration on the line.” “您听我说周总,报警咱不管有用没用,肯定是要先走这个程序的,等公安机关给您那边出具了不予立案通知书就行。” „Then goes to the market regulation department, you said before their did not have the means forcefully money to retreat, this truly was this, if the opposite party knew a law slightly, was not definitely easy to identify the issue in the procedure/program.” “然后呢就是去市场监管部门,您之前说他们那里也没办法强行把钱退了,这个确实是这样,如果对方稍微懂点法,在程序上肯定不好找问题。” „But me suggested that your many responded the situation, checked that miracle gym handle the legal person while convenient to change the situation, without handling, that all were good, your so many people responded the issue, the market regulation department will contact with the opposite party, mediates.” “但是我这边建议你们多一点人去反应情况,顺便查一查那个奇迹健身房是不是办理了法人变更情况,如果没办理,那一切都好,你们这么多人反应问题,市场监管部门就会联系对方,来进行调解。” „If the opposite party does not have the means to relate, that market regulation department can include it in the operation unusual list, had this, at least his gym is unable to cancel temporarily.” “而如果对方没办法联系到,那市场监管部门就可以将其列入经营异常名单,有了这个,最起码他这健身房暂时来说是无法注销的。” „This is the ideal condition, boss that boss, but if the opposite party truly such as you said that before had changed the legal representative, moreover can contact with that person, that first looked for the opposite party!” “这是理想情况,老板还是那个老板,但是如果对方确实如您所言,之前已经变更了法人代表,而且也能联系到那个人,那就先找对方！” „Me can help you first apply for the property to preserve......” “我这边可以帮您先去申请财产保全……” Huo Pengfei or Huo Pengfei, his level is to obtain side Dazhuang commended that in only has in the partial information situation, he has offered the appropriate suggestion. 霍鹏飞还是霍鹏飞,他的水平是得到方大状称赞的,在仅有部分信息的情况下,他已经给出了合适的建议。 Moreover has the performability. 而且都是具有可执行性的。 Zhou resolute nods, temporarily also can only manage. 周毅点点头,暂时来说也只能这么办。 The situation of consulting told everyone, then first reported to the police. 将咨询到的情况告诉了大家,然后就是先去报警。 The bright peak community belongs to the area of jurisdiction of Guangming Road Police Station, must therefore probably go to Guangming Road Police Station. 光明峰小区属于光明路派出所的辖区,所以必须得去光明路派出所。 Without means that although drives also for ten minutes the community to the company, but truly belongs to the different areas of jurisdiction. 没办法,虽然小区到公司开车也就十分钟,但确实是属于不同的辖区。 From the company farther pleased mansion community, actually with the company is an area of jurisdiction, is very mysterious...... 距离公司更远的悦府小区,却和公司是一个辖区,就很神奇…… Before went to the property to check, everyone is also willing to go, but ran the police station, many people were separated from the team. 之前去物业查也就罢了,大家还都愿意去,但是又跑来派出所,就有很多人脱离了队伍。 When Guangming Road Police Station, then 78 people. 所以当到了光明路派出所的时候,只有那么七八个人了。 The member in this gym definitely does not know so many, more people do not know either purely this situation, knows either does not want to go. 这家健身房的会员肯定不知这么多,更多的人要么是纯粹不知道这个情况,要么就是知道了也不想去。 This point is not strange, you, to are you, after managing the gym membership, has only gone one time, is. 这一点都不奇怪,你,对就是你,办了健身卡后只去过一次,是不是啊。 „Such money is insufficient”, this is very direct idea. “就这么点钱不至于”,这是很直接的想法。 Zhou resolute will not appraise this idea, to him, earnest is his freedom, others are not earnest, that is also others freedoms. 周毅并不会去评价这种想法,对他来说,较真是他的自由,别人不较真,那也是人家的自由。 The code civil also stipulated that we have this and that right. 民法典也只是规定了,我们有这样那样的权利而已。 However, you not earnest, you do not want, when others are earnest hold back, spoke the sarcastic remark on the line. 但是,你不较真可以,你不要在别人较真的时候扯后腿,说风凉话就行。 In Guangming Road Police Station, police Chen Li just gave the person to mediate, had/left forehead perspiration. 光明路派出所内,民警陈丽刚刚给人调解完,出了一脑门子汗。 The small issue, does not lend money, coming the police station saying that made them make an arrest, Chen Li did not know whether to laugh or cry, can only try hard to help contact with the opposite party, mediated. 小问题,借钱不还,来派出所说让他们去抓人,陈丽哭笑不得,只能努力帮忙联系对方,进行调解。 The mass work does not have the minor matter, you must really say that directly „this is the economic dispute, does not turn over to us to manage”, in the procedure/program does not have the issue, but the work does not do that. 群众工作无小事,你要真的直接说“这是经济纠纷,不归我们管”,程序上是没问题,但工作不是这么做的。 Just drank water, then saw that 78 people walked. 刚刚喝了口水,便见到七八个人那么走了进来。 Hurries to put down the drinking glass to go forward saying: „Your several comrades, wait/etc, how?” 赶紧放下水杯上前道:“诶你们几位同志,等等,怎么了？” Mainly is the front bald big brother looks does not seem like the good person. 主要是前面的光头大哥看起来就不像是好人。 Although said that we cannot judge people solely on appearance, however, the person of this appearance, is away from home the number of times of checked ID card is most...... 虽然说咱们都不能以貌取人,但是吧,这种长相的人,出门在外被查身份证的次数都是最多的…… „Comrade, we come, reports to the police!” Zhou resolute said directly. “同志,我们来,来报警！”周毅直接说道。 This situation or Zhou go forward to exchange, on the come road everyone has discussed. 这种情况还是周某人上前交流,来的路上大家就商量过了。 The seemingly tall bald big brother, began the unambiguous robust man outside and that Song Ji, said directly, anyone of you and communicated who went, he waved the flag to cheer in any case, coming up the communication was not good. 看起来五大三粗的光头大哥,在外面和那个宋继动手都不含糊的壮汉,直接就说了,你们谁和沟通谁去,反正他摇旗助威可以,上去沟通不行。 Said that place felt the calf a little cramps...... 说进了那地方感觉腿肚子有点抽筋…… Has a look at others again, is the similar idea, said that by others is thought by some chance is you takes the lead in causing trouble, ended does not know that will have anything to affect. 再看看其他人,也都是同样的想法,说万一被人家认为是你带头闹事的,完了不知道会有什么影响。 Therefore Zhou also can only comply encouragingly. 所以周某人也只能勉为其难地答应下来。 Although is not police station, but his familiar house, almost. 虽然不是一个派出所,但他熟门熟路,都差不多。 Then bald big brother several neighbors see, this little brother, entering the police station to proficiently was the same, that called one optional...... 然后光头大哥几个邻居就看到,这位小老弟,进了派出所就跟到家一样,那叫一个随意…… Also does not seem like, will otherwise think that this fellow was several enters the palace. 也就看起来不像,不然都会觉得这家伙是不是几进宫了。 Chen Li looked at the following that several people, immediately said: „, What situation?” 陈丽看了看后面那几人,随即道:“啊,什么情况？” „Is such comrade, we live in the bright peak community, then the nearby has the miracle gym......” “是这样的同志,我们是在光明峰小区住呢,然后附近有个奇迹健身房……” The beforehand words, said the general situation, according to Huo Pengfei's words, if can determine the nature of as the contract crime of fraud directly or is the gathering capital crime of fraud, illegally absorbed public deposit crime anything's that to be simple. 还是之前的话,将大概情况说了说,按照霍鹏飞的话,如果能直接定性为合同诈骗罪或者是集资诈骗罪,非法吸收公众存款罪什么的那就简单了。 Couldn't find the person? 找不到人？ Public security organ „finds person”, finds the person with other unit, that is two matters, you must be clear about this point. 公安机关“找人”,和别的单位找人,那是两回事,你要明确这一点。 Before this is side Dazhuang, has said that when comes across some troublesome problems must remember that „transformation”, transforms the civil dispute as the criminal case, then on proper. 这就是方大状之前说过的,遇到一些麻烦问题时要记得“转化”,把民事纠纷转化为刑事案件,那就妥了。 This is also Huo Pengfei in diligently the proof of image space big shape learn/study. 这也是霍鹏飞在努力像方大状学习的证明。 However unfortunately, he himself does not think this will be referred to as the contract crime of fraud and so on situation. 然而可惜的是,他自己都不认为这会被认定为合同诈骗罪之类的情况。 The core of cheating deceives, must aim at wrongful possession, implements the fraud. 诈骗的核心都是骗,都要以非法占有为目的,实施骗局的。 But now, others' gym is the normal operation, they manage the card also normally, according to Huo Pengfei's experience, only if that type simply has not planned to open the gym, after letting the person manages the card run, that may involve the contract crime of fraud. 但现在,别人的健身房是正常经营,他们办卡也是正常进行,按照霍鹏飞的经验,除非是那种根本没打算开健身房的,让人办卡后跑路,那才可能会涉及合同诈骗罪。 The criminal law, after all is the lowest line, will not easily use! 刑法,终归是最低线,轻易不会动用！ Can play to spend the criminal law, Huo Pengfei this whole life has seen side Dazhuang a person. 能把刑法玩出花来的,霍鹏飞这辈子就见过方大状一个人。 Chen Li listens also to shake the head, how was needless saying that can judge with her experience, this inside should not involve the crime. 陈丽听完也是摇摇头,都不用怎么说,以她的经验就能判断出来,这里面应该不涉及犯罪。 Because the gym travelled the situation of warning is too many. 因为健身房跑路而报警的情况太多了。 And the gym staff have the conflict, even this, they still can only be keep the order. 还有和健身房工作人员发生冲突的,就算是这样,他们也只能是去维持秩序。 It can be said that so long as does not hit, the police stand there work as the mascot, the law stipulated that they cannot manage, this does not have the means that in the procedure/program walks does not pass. 可以说,只要不打起来,民警站在那里就是当吉祥物,法律规定他们就是不能管,这是没办法的,程序上都走不通。 Discussed with others later Chen Li said quickly: „How your situations...... said the situation that the gym travels in recent years is not infrequent, us also can only say that helps you relate, has a look unable to mediate the refund......” 和其他人商议了之后陈丽很快说道:“你们这个情况吧……怎么说呢,最近几年健身房跑路的情况不在少数,我们这边也只能说帮你联系一下,看看不能调解退费……” „If really cannot contact with the opposite party, or does not have the means that can only say, here suggested everyone walks......” “如果实在联系不到对方,或者是没办法的话,只能说,我这里建议大家走……” Chen Li also thinks that the tactful point said that because the work style directly initiates the situation of conflict is also not infrequent simply, many people have the complaint to the public security organ, feels their no matter also that does not manage. 陈丽还想委婉一点说呢,因为工作作风简单直接而引发冲突的情况也不在少数,很多人对公安机关有怨言,觉得他们这也不管那也不管。 These people seem like on the temperament not good...... 这些人看起来就脾气不好…… But the result, Chen Li's words have not said, front Zhou resolute said directly: „Comrade, this I understand, the economic dispute, walks the legal way.” 可结果呢,陈丽的话还没说完,面前的周毅直接就道:“同志,这个我明白,经济纠纷嘛,走法律途径。” „You told me to put on record on the line directly, if cannot put on record, gave us one not to put on record to inform on the line, without relations.” “您直接告诉我能不能立案就行,如果不能立案,给我们一个不予立案通知就行,没关系的。” Chen Li gawked for three seconds, she looks like the master who prepares to enlarge to be broken to be the same. 陈丽愣了三秒,她就像是正准备放大的法师被打断施法一样。 How to feel that this young fellow's procedure/program to the police station and words is ripe...... he to do? 咋感觉这小伙对派出所的程序和话语比自己都要熟呢……他干嘛的？ Second, guarantees a minimum the renewal to be completed, starts also to owe, two that first also the monthly ticket owed last month! 第二更,保底更新完成,开始还欠更,先还上个月月票欠的两更！ ( This chapter ends) (本章完)