The Chapter 401 criminal law 12 volumes, curl the volume to have your( asked monthly ticket) 第401章刑法十二卷,卷卷有你名(求月票) Originally has cost a lot of time that side the gym, quarrelled, blocked not to let. 本来在健身房那边就已经耗费了不少时间,吵架,拦着不让走。 Now when the police station quite a while, when coming out has been the work hours. 现在又在派出所半天,等出来时已经到上班时间了。 The people are actually follow blindly, before Zhou resolute, said that stopped up the gym boss, everyone runs over. 人其实都是盲从的,周毅之前说堵住健身房老板了,那大家就都跑了过来。 Now discovered, others gym boss does not fear them, in the police station, they were not possible saying that punched person. 现在发现,人家健身房老板根本不怕他们,在派出所呢,他们也不可能说上去揍人一顿。 Therefore actually stopped up a loneliness. 所以其实是堵了个寂寞。 Now hears that the beforehand shopkeeper was stopped up , the hurrying round trip walks. 现在又听说之前的店长被堵住了,又赶紧往回走。 Actually does not know to stop up to be useful, but...... everyone went, I also go. 其实根本都不知道堵住有什么用,但……大家都去了,那我也去吧。 Therefore one group of people rushed to that side the gym from the police station, Zhou resolute naturally also mixed in the crowd. 于是一堆人又从派出所赶到了健身房那边,周毅自然也混在了人群中。 He is very actually sleepy, but the spirit is very inspired. 他其实现在已经很困了,但精神却很振奋。 Was getting more and more interesting this matter to the present, actually Zhou resolute wants to know, face to face to this type „company hooligan” time, what to do should? 这件事到现在越来越有意思了,其实周毅很想知道,当面对这种“公司流氓”的时候,该怎么办呢？ Was impossible saying that how they can along with imagining make how make! 不可能说他们就能这么随意想怎么弄怎么弄吧！ Only pitifully, week rookies there is not very credible, she cannot think that any appropriate method, can only mention sues. 只可惜,周菜鸟那里没有特别靠谱,她也想不到什么合适的方法,只能说起诉。 Actually this is also the method that the normal attorneys can think, considers, how the economic dispute you do not consider can also. 其实这也是正常律师都能想到的法子,告呗,经济纠纷你不告还能咋样。 The point is that others clarified did not fear you to consider, when the time comes won, that execution could not carry out, your sued and does not have the prosecution to be the same. 可问题是,人家摆明了就不怕你告,到时候赢了,那执行也执行不了,那你这起诉和没起诉都一样。 The shopkeeper is a probably 30 -year-old middle-aged person, wears the black frame eyeglasses, this little while was blocked by many people, everyone requests him to give a view. 店长是个大概三十来岁的中年人,戴着黑框眼镜,这会儿被很多人拦住,大家都要求他给一个说法。 „I how, no matter you do, I managed the card to be said by you in any case initially, you said definitely will not have the issue, I managed for three years, now don't you say your matter to me?” Some women point at the nose of that shopkeeper to shout there. “我不管伱们是怎么搞的,反正我当初办卡就是被你说的,你说肯定不会有问题,我才办了三年,现在你跟我说没有你的事？”有女人在那里指着那个店长的鼻子喊道。 „Yes, refunds, refunds to me a bit faster, private teaches, I bought one not to have on, you did not do business!” “就是,退钱,快点给我退钱,还有私教课呢,我买了一节都没上,你们就不营业了！” This is the big injustice plants, buys the card, but also bought the class, in money throws into makes a sound not loud. 这位更是大冤种,买卡也就罢了,还买了课,钱丢进里面响都不响。 The shopkeeper wants to speak, but was spurted by various types, the opportunity of even speaking did not have. 店长想说话,但是被各种喷,连说话的机会都没有。 „Your I reported to the police again like this, lets loose me, do not begin!” The shopkeeper shouts there diligently. “你们再这样我报警了,放开我,别动手！”店长在那里努力喊道。 However useless, everyone present is the public sentiment is really roused to action, before does not dare to have what movement in the police station, now came out, was dry. 然而没用,大家现在真的是群情激奋,之前在派出所不太敢有什么动作,现在出来了,都燥起来了。 „We tread the horse just came out from the police station, our money scroll travelling, does not give now, where is so easy, where your bosses live, said!” “我们踏马的刚刚从派出所出来,把我们的钱卷了跑路,现在不给,哪有那么容易,你们的老板住哪里,说出来！” „Right, is front that boss, did not say that he whirled away money!” “对,就是前面那个老板,不是说他卷走钱了嘛！” The shopkeeper breathed finally uniform the air/Qi, said there: „I tread the horse also wants to know that our wages have fallen behind for three months, where treads the horse on us to reason things out!” 店长终于喘匀了气,在那里说道:“我踏马的也还想知道呢,我们的工资已经拖欠了三个月了,踏马的我们上哪说理去啊！” He thought that oneself is very undeserved, because his wages also fell behind. 他觉得自己很冤枉,因为他的工资也被拖欠了。 A while ago the campaign, Lü Yan gave them very high commitment, said that managed a card to give many deducting a percentage. 前段时间营销活动,吕岩给他们很高的承诺,说办出去一张卡就给多少提成。 Therefore everyone crazy office card. 所以大家都在疯狂办卡。 Commitment that yes, Lü Yan gives, although said legally the legal representative company changed, but actual who will pay attention to these. 是的,吕岩给的承诺,虽然说在法律上是把公司的法定代表人变更了,但实际中谁会去注意这些。 They have thought the boss or Lü Yan in any case, moreover these matters act is also Lü Yan. 反正他们一直都以为老板还是吕岩,而且这些事出面的也都是吕岩。 But the result, everyone must one pile of bonuses, to this/should round of wages time actually does not send. 可结果呢,大家都得了一堆的奖金,到该发工资的时候却不发了。 Therefore now, his shopkeeper, and coaches in beforehand shop felt oneself are unjust, was owed the wage, a lot of grievance did not have the place to say. 所以现在,他这个店长,以及之前店里的教练们都觉得自己冤枉,被欠了薪水,一肚子委屈还没地方说呢。 Zhou Yidao thought that they are not that undeserved, selling this position is very special. 周毅倒觉得他们也不是那么冤枉,销售这个职位很特殊。 Because every so often others whether will manage the card, whether will buy the class, contact sells this first-line personnel. 因为很多时候人家是否会办卡,是否会买课,接触的都是销售这个一线人员。 That has problems, first will definitely sell strangely. 那出了问题,肯定会首先怪销售。 „You look for me now, I can have what means that the water and electricity stopped, the house rent expired, the boss could not find, our wages have not sent, I what to do!” “你们现在找我,我能有什么办法,水电都停了,房租到期了,老板找不到,我们的工资都没发,我怎么办！” „My father has been hospitalized, this present money does not send, I cannot cross to know!” “我爸一直都在住院,这现在钱都不发,我都过不下去了知道吗！” Was saying to be saying, a shopkeeper 30-year-old man cried there suffering. 说着说着,店长一个30多岁的男人在那里都委屈地哭了。 Really cried, or can say, only then fell behind the person of wages to understand this feeling. 是真的哭了,或者可以说,只有被拖欠过工资的人才能明白这种感觉。 You with various full hope effort work, not for the wages that keeps a family. 你怀着满腔的希望各种努力工作,不就是为了那点养家糊口的工资嘛。 Or before why , the migrant worker asks for the firewood to cause the extreme case frequently, that really did not have the means that did to you such for a long time, you did not give the wages, that minute/share of minute may want your life! 要不为什么以前农民工讨薪经常会弄出极端事件,那真的是没办法了,给你干这么久,你不给工资,那分分钟都可能要你的命！ But the shopkeeper such middle-aged man, has both one's parents to take care , the whole family counted on that you make money outside. 而店长这样的中年男人,上有老下有小的,一家子就指望你在外面赚钱呢。 Finally you are busy preparing daily, the going home one cent of cannot take carry back, you said, this who can bear. 结果你天天忙前忙后的,回到家一分钱都拿不回来,你说说,这谁能受得了。 The shopkeeper squatted there cries, the crowd that gathered round also speaks embarrassed. 店长蹲在那里大哭,围着的人群也不好意思说话了。 The most ominous person who before shouted also shuts up now. 之前喊的最凶的人现在也闭上了嘴。 Everyone majority on the scene hits the worker, fell behind the feeling of wages, that really does not feel better. 在场的大家大部分都是打工人,被拖欠工资的感觉,那真的不好受。 But everyone puts in great inconvenience now...... 可现在大家都委屈…… „Your this...... your cries anything, is really, we also want to solve the problem, but we now this is not...... oh is really ***, damn boss should die!” “你这……你这哭什么,真的是,我们也想解决问题啊,可我们现在这不是……唉真的是***的了,狗日的老板一家都该去死！” Zhou resolute also shakes the head, he had not fallen behind the wages, but to this feeling also some experiences, therefore what to do? 周毅也是摇了摇头,他没被拖欠过工资,但对这种感觉也有体会,所以怎么办呢？ Pulls out the cell phone, tried to hit to side Dazhuang, at this time side Dazhuang was the maximum backing, he believes that side Dazhuang will give the reasonable solution. 掏出手机,试着又打给了方大状,这个时候方大状就是最大的后盾了,他相信方大状会给出合理的解决方案。 Moreover, side Dazhuang will always help him solve the problem. 而且一直以来,方大状都会帮他解决问题。 A telephone in the past, passed unexpectedly! 一个电话过去,诶居然通了！ side Dazhuang is not talking over the telephone yesterday evening, but was the close-down. 方大状在昨天晚上的时候不是正在通话中,而是关机了。 Has not thought that this will pass unexpectedly. 没想到这会居然通了。 Quick, so long as you hear his sound to feel the male voice that feels at ease resounds: „Zhou resolute, I was a little busy yesterday, has not attended to returning the call to you......” 很快,一个你只要听到他的声音就会感觉心安的男声响起:“周毅啊,我昨天有点忙,没顾上给你回电话……” side Dazhuang first explained that yesterday was too busy, is really busy to the degree that the telephone can ignore. 方大状抢先解释了一下,昨天太忙了,真的是忙到电话都顾不得回的程度。 After being proficient, is very late, according to the normal condition, his Zhou resolute affirmation has rested, the not possible that point to telephone. 等到家后已经很晚了,按照正常情况,他周毅肯定已经睡了,不可能那个点来打电话。 Therefore thinks to hit today again. 所以就想今天再打。 But because the evening rests is too late, in the morning does not have, this little while is still sleeping, was waked up by shouting by Zhou resolute a telephone. 可是因为晚上睡的太晚,早上没起来,这会儿还在睡觉呢,被周毅一个电话喊醒了。 „That anything side Dazhuang, you looked, or you first make up think that also did not say that worries in this for a while.” “那什么方大状,你看要不你先补觉吧,也不是说着急在这一时。” In the family/home, side Dazhuang on bed said: „Also ok, the general situation I already and understood joyfully, before you also looked for raised the prosecution, joyfully the property to preserve, has not worried.” 家里,床上的方大状说道:“也行,大概的情况我已经和欣然了解了一下,你也找欣然提起诉前财产保全了,也就没那么着急。” „In the afternoon the old time, the previous place sees!” “下午老时间,老地方见！” This did not have the issue, Zhou resolute put down the telephone safely, the feeling. 这就没问题了,周毅放下电话,感觉十分地安心。 How even if the present situation seems like not again good, after this place big shape telephone makes a connection, he felt all proper. 哪怕现在的局势看起来再怎么不好,当方大状这个电话打通后,他就觉得一切妥了。 Looked front to sit in the shopkeeper of entrance sob, Zhou resolute thinks to go forward saying: „That what......, or do you give a telephone?” 看了看前面坐在门口哭泣的店长,周毅想了想上前道:“那什么……要不你留个电话？” „Who am I? I am also the rights protection......” “我是什么人？我也是维权的……” Thought probably Zhou resolute looks at likely a good person, finally the shopkeeper told Zhou resolute the contact method. 大概是觉得周毅看着像个好人吧,最后店长还是把联系方式告诉了周毅。 Zhou resolute also knows the name of this shopkeeper, surnamed Huang, called Huang Xiaokang, has two children. 周毅也知道了这个店长的名字,姓黄,叫黄晓康,已经有两个孩子了。 Continuing to stop up is not being the means that Zhou Yihe the bald big brother greets, immediately turns around to leave, he also needs to make up now thinks. 继续堵着也不是办法,周毅和光头大哥打了个招呼,随即转身离开,他现在也需要补觉了。 ............ ………… 3 : 00 pm, Zhou resolute crawled from the bed. 下午 3 点,周毅从床上爬了起来。 Has rested is uncomfortable, the feeling is very trapped/sleepy. 一直睡的不舒服,感觉还是很困。 Got out of bed to wash, immediately went downstairs to drive, directly soars the previous place. 起床洗漱了一下,随即下楼开车,直奔老地方。 „Eastern uncle, old rule, three cups!” Zhou resolute spoke thoughtlessly to say. “东叔,老规矩,三杯！”周毅随口说道。 The eastern uncle in counter nods, immediately starts to get ready. 柜台里的东叔点点头,随即开始准备。 But after Zhou resolute sits down, thinks, probably the week should not have the time joyfully, but was indifferent. 而周毅坐下之后才想起来,好像周欣然应该没时间,不过无所谓了。 Three cups of coffee deliver, Zhou resolute waited shortly, side Dazhuang then walked from the cafe, slightly the forehead of bald person probably by Sun that the cloud layer blocks. 三杯咖啡送到,周毅等了没多久,方大状便从咖啡馆门外走了进来,略微秃顶的脑门好像被云层挡住的太阳。 „Zhou resolute, came!” “周毅,来了啊！” Is speaking, side Dazhuang sat on the chair, the vigorous and healthy body made the sound that pressed the chair of cafe. 说着话,方大状坐在了椅子上,健壮的身躯将咖啡馆的椅子都压的发出了声响。 But in his behind, Zhou Xinran conducted the arm to wrap, the look swept the desktop to be happy immediately: 而在他的身后,周欣然挎着包走了进来,眼神扫了扫桌面顿时乐了: „, Thanks to you still remembers 0.3 cups of coffee!” “诶,亏你还记得点三杯咖啡呢！” Sits to exchange greetings several, the week first opens the mouth to say joyfully: „Our Guangming District Court present efficiency was getting higher and higher, before your sue , the property preserved has the result, now regarding instrument anything of gym will carry out to preserve.” 坐下来寒暄几句,周欣然先开口道:“咱们光明区法院现在的效率越来越高了,你们那个诉前财产保全已经有结果了,现在对于健身房的器械什么的都将执行保全。” „Naturally, that person named Zhao Zhipeng, his bankcard was frozen, but inside does not have money.” “当然,还有那个叫赵志鹏的人,他的银行卡被冻结了,只是里面没钱。” Here needs to explain, before suing , the property preserves, what property will be frozen, that must look that some properties whether and lawsuit the property that may involve has the relations. 这里需要说明一下,诉前财产保全,什么财产会被冻结,那得看这部分财产是否和诉讼有可能涉及到的财产有关系。 Although the miracle company is Co. , Ltd., but is one person Co. , Ltd . 奇迹公司虽然是有限责任公司,但是属于一人有限责任公司。 But a person Co. , Ltd., if the shareholder is unable to show that his property independence in company property, that is must shoulder the joint and several liability. 而一人有限责任公司,如果股东无法证明其个人财产独立于公司财产的话,那是要承担连带责任的。 Therefore, according to its relatedness, the evidence that as well as provides, can first conduct the freeze to Zhao Zhipeng's some properties. 所以呢,根据其关联性,以及提供的证据,是可以先对赵志鹏的部分财产进行冻结的。 Only after pitifully...... investigation, discovered that the opposite party does not have money. 只可惜……调查后发现对方没钱。 Zhou resolute nods, this walks the procedure/program, for the later lawsuit. 周毅点点头,这只是走程序,为了方便以后的诉讼。 At least had the court to seal up, he did not need to defend with that bald big brother daily in the evening, where had thousand days against clever truth. 至少有了法院查封,他和那个光头大哥就不用天天晚上去守着了,哪有千日防贼的道理。 Zhou Xinran said that shuts up, obviously whose she is the quite clear this matter should listen. 周欣然说完就闭上了嘴,很显然她是比较清楚这件事该听谁的。 side Dazhuang both hands place on the table, the finger buckles in the same place, looks at Zhou Yidao: „I understood the general situation, now, you brief the further information, is detailed, talks clearly the situation that you know.” 方大状双手放在桌上,手指扣在一起,看着周毅道:“我只是了解了大概情况,现在,你把详细情况讲一讲,要详细,把你知道的情况都说清楚了。” Zhou resolute starts to tell how is mainly the opposite party to operate, as for very rampant such attitude, that does not need to say. 周毅开始讲述,主要是对方如何操作,至于很嚣张这样的态度,那没必要说。 „Situation was this.” “情况就是这样了。” Basically before gives similar that Huo Pengfei and Zhou Xinran said. 基本上和之前给霍鹏飞和周欣然说的差不多。 This gym boss transfers the stockholder's rights ahead of time, whirls away money through some methods, and wages of many gym staff not sending. 这家健身房老板提前转让股权,通过一些手段把钱都卷走,以及很多健身房工作人员的工资都没给发。 side Dazhuang is hesitating, the week opens the mouth to say joyfully: „Teacher side, I thinks that the present issue is, investigating thoroughly the opposite party in absconding time is whether contrary.” 方大状在沉吟,周欣然开口道:“方老师,我认为现在的问题是,查清楚对方在卷款时候是否违规。” „Such behavior will definitely involve some financial methods , can definitely check.” “这样的行为肯定会涉及到一些财务手段,真的查,肯定能查出来。” This saying right, gets so far as under the company property a oneself personal name after all, the words that looks at probably truly do not have the issue probably. 这话没错,毕竟把公司财产弄到自己个人名下,大概看的话确实好像没问题。 But all these are establish without detailed! 但这一切都是建立在没有详细查的情况下！ Some finance have not said that the present many company bookkeeping, all looked that checks, if careful, in that ten possible 78 to have the issue...... 不是有财务说过嘛,现在的很多公司账务,全看查不查,如果仔细查,那十个里面可能七八个都有问题…… But how to check, making whom check, this was the issue. 可是怎么查,让谁去查,这就是问题了。 Can only a few words, such detailed, not know. 单凭一句话,会不会这么详细查,不知道。 side Dazhuang also in silent, he never has such a long time silent, Zhou resolute a little are strange, he is preparing to ask one, looked that side Dazhuang does not have idea. 方大状还在沉默,他从来没有沉默过这么长时间,周毅都有点奇怪,他正准备开口问一句,看方大状是不是也没辙。 Finally in the meantime, side Dazhuang opens the mouth saying: „You just said that staff named miracle gym, their wages has not given to send, right?” 结果就在此时,方大状开口道:“你刚刚说,那个叫奇迹健身房的工作人员,他们的工资都没给发,对吗？” „Moreover at least that shopkeeper, a coach, fell behind for over three months, right?” “而且最起码那个店长,还有其中一个教练,都被拖欠了三个月以上,对吗？” Zhou resolute nods, immediately asked: „But falls behind the wages, what this does...... have to say? They also can only first arbitrate.” 周毅点点头,随即问道:“但是拖欠工资而已,这个……有什么说道吗？他们也只能先去仲裁吧。” side Dazhuang shakes the head saying: „If the normal business company, that perhaps is this, but this company is not the normal business......” 方大状摇摇头道:“如果是正常营业的公司,那说不定是这样,但这个公司可不是正常营业……” „You just added, in that shopkeeper family/home has the old person to be hospitalized, because fell behind the wages, the life received affected right.” “你刚刚还说,那个店长家里有老人住院,而且因为被拖欠工资,生活都受到了影响对吧。” Zhou resolute nods again. 周毅再次点头。 „Ok, I knew.” “行,我知道了。” „Zhou resolute, that present is you make the decision the time, you want purely money to come back,...... wants to make that gym boss go in?” “周毅啊,那现在就是你做决定的时候了,你是想单纯把钱要回来呢,还是……想让那个健身房老板进去呢？” „, It has changed the boss, but are not related, can always go in any case!” “哦,它换过老板,不过没关系,反正总可以有一个进去！” Un......? 嗯……嗯？ We were not saying matter that asks for money, how this turned into side Dazhuang the mouth the matter that the person delivers. 我们不是在说要钱的事嘛,这怎么在方大状嘴里又变成了把人送进去的事了。 The week also a little said joyfully curiously: „Teacher side, this does not seem to involve the contract crime of fraud and gathers capital illegally such situation.” 周欣然也有点好奇道:“方老师,这个好像不涉及合同诈骗罪和非法集资这样的情况吧。” She had also pondered before, the opposite party does has the repertoire very much, because others really opened the gym, moreover opened for more than two years. 她之前也思考过,对方做的很有套路,因为人家真的开了健身房,而且开了两年多。 Therefore in this does not have „cheating out of money” meaning. 所以这里面就没有“骗钱”的意思。 „Who said that must look to cheat, joyfully, you have not noticed, did their staff fall behind the wages?” “谁说要看诈骗了,欣然,你难道没注意到,他们的员工被拖欠工资了吗？” „I remember probably, the charge called to refuse to pay the payment for labor crime!” “我好像记得,有一个罪名叫拒不支付劳动报酬罪！” „You said, the around two bosses in this company, who shifted the company property? When is also, because shifts the company property, causing the payments for labor of these workers to appear fell behind?” “你们说,这个公司的前后两个老板,谁转移了公司财产呢？又是在什么时候,因为转移公司财产,导致这些劳动者的劳动报酬出现了拖欠呢？” side Dazhuang two issue raps in week head joyfully, making her have to plant suddenly the greatly clear feeling. 方大状的两个问题敲击在了周欣然的头上,让她有种恍然大明白的感觉。 Right, such a charge! 对啊,还有这么一个罪名呢！ It is not she does not know, now but is this charge really uses were too few. 不是她不知道,而是这个罪名现在真的用的太少了。 Before, this charge was called the malicious back pay crime, afterward the criminal law amendment in eight, changed to it refuses to pay the payment for labor crime. 在以前,这个罪名叫恶意欠薪罪,后来刑法修正案八中,将其改为拒不支付劳动报酬罪。 However in the reality, barely will really be suitable for this charge. 但是真的在现实中,很少会适用这个罪名。 What because it punishes is these has the ability behavior that but does not give the payment for labor. 因为它本身惩罚的是那些有能力给但不给劳动报酬的行为。 But, this charge and can the present situation apply mechanically? 可是,这个罪名和现在的情况能套用吗？ Wait, transfer property! 等等,转移财产！ Zhou Xinran thinks all of a sudden the stipulation of this charge, that or the front a few words are: Transfer property, absconding and other methods evaded to pay the payment for labor of worker...... 周欣然一下子想到了这个罪名的规定,那个或者前面的一句话是:以转移财产、逃匿等方法逃避支付劳动者的劳动报酬…… ............ ………… ps: The criminal law is not 12 volumes, is the chart is of pleasant to hear. ps:刑法不是十二卷,就是图好听。 Made up owes, monthly ticket in addition also ended last month, tomorrow hegemon in addition, before will then also start also owing. 补欠更,上月月票加更还完,明天还盟主加更,然后开始还之前的欠更。 Thank was drunk also well, the welwitischia mirabilis of Saint spear/gun, writing idiot, the big face cat kitty, thank hitting of these brothers to enjoy, good night. 感谢醉了也好,圣枪的百岁兰,文痴,大脸猫猫咪,感谢这些兄弟们的打赏,晚安啦。 ( This chapter ends) (本章完)