Chapter 494 earnest money is a good thing! 第494章保证金是个好东西！ The law firm office, side Dazhuang is busy taking the note. 律所办公室,方大状正在忙着记笔记。 He was thinking a move of new assistant recently, although the week can also continue the work of dry/does assistant joyfully, but after oneself start the disciple, definitely will have a higher pursue. 他最近想着招新的助理,虽然周欣然还能继续干助理的活儿,但自己开始执业以后,肯定会有更高的追求。 The Israeli big shape does not want to delay others. 所以方大状也不想耽误别人。 But, looks for one difficultly along the intention assistant. 可是没想到,找一个顺心意的助理是真的难。 The assistant who side Dazhuang must look for is very special, what he wants is the sincerity likes the law, wants diligently person for a lifetime on this road. 方大状要找的助理很特殊,他想要的是真心喜欢法律,想要在这条路上努力一辈子的人。 Rather than these only want to make money. 而不是那些只想赚钱的。 Makes money sure right, but side Dazhuang wants not only and makes money. 赚钱肯定没错,但方大状要的并不仅仅是赚钱。 By his fame said that must incur assistant that is very relaxed, but looks two not two days on glass heart, by resentment does not want. 以他的名气说要招助理那还是很轻松的,但是找来的两个没两天就玻璃心了,被怼的不要不要的。 Zhou Xinran resisted this pressure initially forcefully, Israeli big shape very favors her, finally now looks, is inferior to one. 周欣然当初是硬生生抗住了这种压力,所以方大状很看好她,结果现在找的,一个不如一个。 At heart uncomfortable, Zhou Yilai telephone. 心里正不舒服呢,周毅来了电话。 „Your this matter is quite complex, does not talk clearly in a few words, gives me the position, I take a look.” side Dazhuang said. “你这个事情比较复杂,三言两语说不清楚,把位置给我,我去瞅瞅。”方大状说道。 Zhou resolute really worthily is a friend, oneself felt each time uncomfortable time came the matter, that went crisp. 周毅果然不愧是知己啊,每次自己觉得不舒服的时候就来事情了,那就去爽爽吧。 The property, Zhou Yigua the telephone, said immediately: „Ok, we went back, this matter will solve quickly, old Liu you felt relieved.” 物业这边,周毅挂了电话,随即说道:“行了,咱们都回去吧,这个事很快就会解决,老刘你放心吧。” , Also said to nearby Pan Yanyan: „Said one with your managers, he before 4 : 00 pm , if handles the pass, that is all right.” 顿了顿,又对旁边的潘艳艳说道:“和你们经理说一声,他到今天下午四点之前如果把通行证办好,那就没事。” „If did not have the sound to 4 : 00 pm, that consequence is proud.” “如果到下午 4 点还没动静,那后果自负。” Clear to see Pan Yanyan must say anything, Zhou resolute said again: „The words that you also let alone he travels on official business, you look to manage on the line in brief.” 眼见得潘艳艳还要说什么,周毅再次道:“伱也别说他出差的话,总之你们自己看着办就行。” Then, Zhou resolute turns around to leave. 说完,周毅转身离开。 4 : 00 pm is the time that and side Dazhuang meets, his Zhou Yizhen is not the anomaly, but does to this world always some people not to listen to advice. 下午 4 点就是和方大状见面的时间,他周毅真的不是什么变态,但奈何这个世界上总有人就是不听劝。 The Zhou resolute three people leave, Pan Yanyan complexion is very unattractive, she thought that man is feigning ignorance, but also the consequence is proud, he is what! 周毅三人离开,潘艳艳脸色很不好看,她觉得那个男人在装蒜,还后果自负呢,他算老几啊！ However thinks, dialed the telephone. 但是想了想之后还是拨通了电话。 „Hey Manager king, had walked to them, that young people but who calls you said before walking, before letting your 4 : 00 pm, manages the pass to handle, otherwise the consequence is proud.” “喂王经理,对他们已经走了,不过给您打电话的那个年轻人在走之前说,让您下午 4 点前办通行证办好,否则后果自负。” In the telephone, Manager king roared directly: „Is consequence proud? He? I have not given to manage, how I have a look at him to be able me, considers me? Casual he considers, what thing!” 电话里,王经理直接吼了起来:“后果自负？就他？我还就不给办了,我就看看他能把我咋,告我？随便他告,什么玩意！” „Good this, you did not need to manage.” “行了就这样吧,你不用管了。” Has manager these words on the line, Pan Yanyan happen to does not want to manage. 有经理这句话就行,潘艳艳也正好不想管呢。 Liu big can, although worries, but he chooses to believe Zhou, since Zhou meddled, is absolutely impossible to consider as finished. 刘大能虽然着急,但他选择相信周总,周总既然插手了,绝对不可能就这么算了。 Zhou resolute returned to the company to wait by the afternoon 3 o'clock, on the cell phone does not have any sound, inquired Liu big to be able, no one contacted with him. 周毅回了公司一直等到下午三点30,手机上没有任何动静,询问刘大能,也没有人联系他。 Square big shape. 出发吧,见方大状。 side Dazhuang definitely has the idea, moreover is that type gives the final word and ensure can solve the problem the idea, affirmed. 方大状肯定有主意,而且是那种一锤定音,保证可以解决问题的主意,就是这么肯定。 Drives to go out, previous place cafe. 开车出门,老地方咖啡馆。 „The eastern uncle, two cups of coffee thanks, old rule.” “东叔,两杯咖啡谢谢,老规矩。” The eastern uncle in counter nods to say with a smile: „What kind of, did you become with that little Zhou?” 柜台里的东叔点点头笑道:“怎么样,你和那个小周成了没？” Zhou resolute: „???” 周毅:“？？？” „The eastern uncle, your...... did this matter pass to you to come?” “东叔,你这……这事都传到你这边来了？” The eastern uncle hehe said with a smile: „My this eye may be unable to rub the sand, your situations, I said, also on little Zhou can with you together, the personalities of others at all not possible and you matches.” 东叔嘿嘿笑道:“我这双眼睛可揉不了沙子,你俩那情况,我说真的,也就小周能和你一起了,其他人的性格根本不可能和你搭配。” Zhou resolute has not spoken, he is pondering over. 周毅没说话,他在琢磨着。 Pondered over shortly , the gate of cafe was shoved open, side Dazhuang led Zhou Xinran to walk. 琢磨了没多久,咖啡馆的门被推开,方大状带着周欣然走了进来。 Then, two people see two cups of coffee that on the table suspended. 然后,两人就看到了桌上摆的两杯咖啡。 Zhou resolute is without turning a hair: „The eastern uncle, how aren't this third cup of coffee good?” 周毅面不改色:“东叔,这第三杯咖啡咋还不好呢？” Eastern uncle: „......” 东叔:“……” Saw that two people sat, Zhou resolute a little doubt, this how week rookies also came. 眼瞅着两人坐了下来,周毅都有点狐疑,这咋周菜鸟也来了。 The front big shape did not say that she was a little recently busy, how the time comes out to drink the coffee. 之前方大状不是说她最近有点忙吗,怎么还有时间出来喝咖啡呢。 However does not want is too many, when side Dazhuang sits, Zhou resolute then hurries to open the mouth saying: „side Dazhuang, a bit faster what to do you must tell me, our company that old Liu is still waiting, his has towed to be very long.” 不过也没想太多,等方大状坐下来,周毅便赶紧开口道:“方大状,你得快点告诉我怎么办,我们公司那个老刘还在等着呢,他那已经拖很久了。” side Dazhuang hears word said with a smile: „No rush, this matter actually does not have the difficult office that you imagine, that manager dares to do that did not fear that by their company, showing definitely is the back some people.” 方大状闻言笑道:“别着急,这个事其实没你想象的难办,那个经理敢这么做不怕被他们的公司查,说明肯定是背后有人的。” This Zhou resolute determined, the property company in that community is actually the developer, no matter the developer company, explained that may be tacitly consented, may be above has the person. 这点周毅确定,那个小区的物业公司其实是属于开发商的,开发商公司不管,说明有可能是默许,也有可能是上头有人。 „You looked, some of your company people have also guessed, is to make him buy the material of that what partner, is only, now does not have the clear evidence to prove, only then bought the material of partner to enter the community.” “你看,你们公司也有人已经猜出来了,就是让他买那个什么合作商的材料,只是呢,现在还没有确切的证据证明,只有买了合作商的材料才能进小区。” „Therefore, my suggestion is, making your staff first ask the partner to buy the material!” “因此,我的建议是,让你那个员工先去找合作商买材料！” Zhou resolute tastes probably: „side Dazhuang, you mean, showed through such behavior, only then bought that material to enter community matter was right?” 周毅好像回过味来了:“方大状,你的意思是,通过这样的行为来证明,只有买了那个材料才能进小区这个事对吧？” side Dazhuang said with a smile: „Progress is good, joyfully, you said that this type through forcing the way lets the owner only with the material business that the property stipulates to buy the material the situation, is what behavior?” 方大状笑道:“进步不错啊,欣然,你说说,这种通过胁迫的方式来让业主只能和物业规定的材料商买材料的情况,算什么行为呢？” After Zhou Xinran sits , has been very then peaceful, hears this saying hesitant evil ways: „Teacher side, can this situation, be suspected to force the transaction crime?” 周欣然坐下来后便一直很安静,听到这话犹豫了一下道:“方老师,这种情况,会不会涉嫌强迫交易罪呢？” Her present thinking mode followed side Dazhuang also to have very big transformation, in the past if, first considered definitely violates any administrative provisions these. 她现在的思维方式跟着方大状也有了很大的转变,如果在过去,首先考虑的肯定是违反什么什么管理规定这些。 The force transaction crime, this was a quite ancient charge, was buying and selling by using compulsion that in our popular significance said. 强迫交易罪,这又是一个比较古老的罪名了,就是我们通俗意义上说的强买强卖。 The consumers go shopping have the independent option, I can choose to buy, can choose does not buy. 消费者买东西是具有自主选择权的,我可以选择买,也可以选择不买。 But if you make me buy this thing through other behavior being probable, that forces the transaction, if constitutes the circumstance to be serious, on suspected crime. 但你要是通过其他行为非得让我买这个东西,那就是强迫交易,而如果构成情节严重,就涉嫌犯罪了。 Before then, the week are not related the force transaction crime even joyfully directly, because of before then, regarding this charge, more is these through the method of treat of violence, buys and sells by using compulsion. 只是,在这之前,就算是周欣然也没有直接联系到强迫交易罪,因为在这之前,对于这个罪名,更多的都是那些通过暴力威胁的手段,来强买强卖。 Its goal that this crime set up initially, is attacks this destruction market order and encroaches upon the personal safety the behavior. 这个罪当初设立的本身目的,就是打击这种破坏市场秩序和侵犯人身安全的行为。 Therefore this crime, can with hurt and other charge constitution imagination to compete more often to gather intentionally. 所以这个罪,更多时候是会和故意伤害等罪名构成想象竞合的。 side Dazhuang nods saying: „This commits certainly the force transaction crime, this manager is a little intelligent, without getting so far as the h degree, however, in this world where so many small advantages.” 方大状点点头道:“这当然已经构成了强迫交易罪,这个经理还是有点聪明的,没有弄到涉h的程度,但是呢,这个世界上哪有那么多的便宜。” „Therefore Zhou resolute, making your company that security buy, remembered, before then, must again who transports/fortunes the material to come one time, making the entrance security block one time, manages the pass again, under the record the opposite party does not give the situation of handling.” “所以周毅,让你们公司那个保安去买吧,记住了,在这之前,一定要再让运材料的人来一次,让门口的保安拦一次,再去办通行证,记录下对方不给办理的情况。” „These evidence must before does not give the situation of handling to form the evidence chain, then, buys the material again, inquired with the material business, bought these materials to enter the community, no matter the opposite party did reply good, replied was better.” “这些证据要和之前不给办理的情况形成证据链,然后呢,再去买材料,和材料商询问,买了这些材料能不能进小区,不管对方回不回答都行,回答了更好。” „Without reply, but this material can definitely go, had this situation, did he reply that is unimportant.” “没回答,但是这材料肯定能进去,有了这个情况,那他回不回答就不重要了。” „Others who finally, looks community, asking them to help testify, and reported to the police together jointly, this crime was the result suspect, must be the circumstance serious degree......” “最后,去找小区的其他人,请他们帮忙作证,并且一起联名报警,这个罪是结果犯,必须达到情节严重的程度……” side Dazhuang drank the feeding coffee at this point, he just the one breath said the key evidence that the entire case needed. 方大状说到这里喝了口加料咖啡,他刚刚一口气就将整个案件所需要的关键证据都说了出来。 Evidence chain thing said that is very complex, but is not complex, is linked together, showed mutually, can form the evidence chain. 证据链这个东西说起来很复杂,但也没有太复杂,环环相扣,互相证明,就可以形成证据链。 Forms the contrast, the material that other front places buy, manages the pass, moreover for a long time cannot manage very much, behind community partner there bought, can enter the community instantaneously. 前后形成对比,前面其他地方买的材料,办通行证,而且很久办不下来,后面小区合作商那里买了,瞬间就能进小区。 Zhou Yiting the repetitive nod, said: „Does not have issue side Dazhuang, he buys the money of material to make the company leave good, to manage the case in any case.” 周毅听的连连点头,说道:“没问题方大状,他买材料的钱让公司出都行,反正是为了办案子。” „Has an issue side Dazhuang, lets come out with these people in community to report to the police to work as the witness together, they have should not want.” “可是有个问题啊方大状,让同小区的那些人出来一起报警当证人,他们有很多应该是不愿意的。” This is not Zhou resolute says things just to frighten people, but is the fact. 这不是周毅危言耸听,而是事实。 Liu big can that day want to make the neighbor help, but others do not respond. 刘大能那天想让邻居帮忙,但是人家根本不搭理。 Now is to hoe one's own row, our family/home repairs in any case well on the line, as for other, anything reported to the police to testify these, listened to trouble, was not definitely good. 现在都是各家自扫门前雪的,反正我们家装修好就行,至于别的,什么报警作证这些,听着都麻烦,肯定不行。 „This definitely does not want, puts me, I do not want, the world to benefit all for the advantage toward, said with them, if reported to the police together, testified together, waits for the case to have the result, can receive the property compensation.” “这肯定不愿意啊,放我,我也不愿意,世人皆为利来皆为利往,就和他们说,如果一起报警,一起作证,等案件有了结果,是可以收到物业赔偿的。” „Moreover, regarding repair earnest money that they pay, can probably come back ahead of time!” “而且,对于他们交纳的装修保证金,是可以提前要回来的！” Zhou Yiwen said a face delay: „Can repair earnest money also probably come back ahead of time?” 周毅闻言一脸呆滞:“装修保证金还能提前要回来？” „That was natural, wait/etc, Zhou resolute you do not know, repairs the earnest money gathers itself to have no legal basis, don't you know?” “那当然了,诶等等,周毅你不会不知道吧,装修保证金的收取本身就没有任何法律依据啊,难道你不知道？” Then was one's turn side Dazhuang to compel ignorant. 这下轮到方大状懵逼了。 Zhou resolute nods saying: „I truly do not know, moreover I believe, with the person who I same do not know should many......” 周毅点点头道:“我确实不知道,而且我认为,和我一样不知道的人应该不少……” This was a quite cold knowledge, property management regulations that no matter the country released, was in regional place stipulations, had no laws and regulations clearly to stipulate, said can collect the repair earnest money...... 这算是个比较冷的知识了,不管是国家出台的物业管理条例,还是各地的地方规定里,都没有任何一条法律法规明确规定,说能收装修保证金…… However, in the property management regulations does not have the definite orders to forbid, causes a consequence, others property held this, the law not forbids then to be. 但是呢,物业管理条例里面也没有明文禁止,就导致一个后果,人家物业抓住了这个,法无禁止即可为。 Community many inhabitants, must repair every households must pay this money, does not hand over does not permit the repair, moreover many properties will stipulate, repairs for a month two months later draws back. 一个小区多少住户,每一户要装修都得交这个钱,不交不允许装修,而且很多物业都会规定,装修完一个月两个月后才退。 Even has shameless these, the north, must wait to finish for the warm season gives to draw back, after the reason must look at you repair, leaks the non- water leakage...... 甚至有那些无耻一点的,北方,要等供暖季结束才给退,理由是要看你装修后漏不漏水…… Therefore for a long time your conceivable property collected how much money, even if this sum of money saves the bank to come a short-term, interest still many...... 所以这么长时间你可以想象一下物业收了多少钱,这笔钱就算存银行来个短期,利息也不少…… „Therefore, in recent years, our each region starts to appear to stipulate, forbidding the property to collect the repair deposit or the earnest money, fortunately, our Jingzhou, releases the stipulation very much in August of this year, but estimate many people have not known......” “所以,最近几年,我们各地都开始出台规定,禁止物业收取装修押金或者保证金,很凑巧,我们京州,今年八月份出台了规定,只是估计没多少人知道……” Zhou resolute nods, both hands hold the Fist Dao: „I did not have the issue side Dazhuang.” 周毅点点头,双手抱拳道:“我没问题了方大状。” side Dazhuang, issue consideration was too comprehensive. 还是方大状啊,问题考虑的太全面了。 Cannot a person in community not care about this sum of money, some people will always care, so long as sufficiently collects the number, that proper can calculate the crime. 总不能一个小区的人都不在乎这笔钱吧,总有人会在乎的,只要凑够数,那妥妥的就能算犯罪了。 The putting on record situation of force transaction crime has six types, one of them is, the force trades over three times or over three people...... 强迫交易罪的立案情形有六种,其中之一就是,强迫交易三次以上或者三人次以上…… Or how can I say, in criminal law „three”, are really a mysterious number. 要不怎么说呢,刑法里的“三”,真的是个神奇的数字呢。 „First collects these, then delivers to me, I help you reorganize, Jingzhou does not permit such flamboyant property manager!” “先把这些都收集好,然后给我送过来,我帮你进行整理,京州不允许有这么牛逼的物业经理！” Coffee drinks up, three people go various home respectively. 一顿咖啡喝完,三人各回各家。 Zhou resolute returned to the company then to start to arrange, a telephone shouted Liu big to be able. 周毅回了公司便开始安排,一个电话喊来了刘大能。 „Zhou, I was a little muddled, you first make me look for the beforehand material merchant, making them deliver again, but this must be blocked.” “周总,我有点糊涂了,您是先让我找之前的材料商人,让他们再送一趟,可这肯定要被拦着啊。” Liu big can feel the head to say. 刘大能摸着脑袋说道。 „Must block right, but you do not need to manage, turns on the cell phone to pat on the line, ended discussed the returned goods with the opposite party, this calculated the violation, was definitely impossible to give you to refund, but should not be worried, money can come back quickly.” “是要拦着没错,不过你不用管,开手机拍下来就行,完了就和对方商量退货,这算违约,肯定不可能给你都退钱,但不要担心,钱很快就能回来。” This forces the direct economic losses in transaction, but the direct economic losses achieve over 2000, can put on record. 这个算是强迫交易中的直接经济损失,而直接经济损失达到两千以上的,就能立案了。 „Behind buys the material with the material business of that property cooperation, the part that comes out I help you fill up, is those words, do not worry, according to my arrangement does.” “后面再和那个物业合作的材料商买材料,多出来的部分我帮你垫上,还是那句话,不要着急,按我的安排去做。” Liu big can, although has not understood, but he knows Zhou not possible pit. 刘大能虽然还是没明白,但他知道周总不可能坑自己。 By hurrying saying: „Doesn't use, Zhou, my also a little saves, does not need you to help lend, you matter that does to the company are many enough.” 是以赶紧道:“不用不用,周总,我这还有点积蓄,不用您帮忙垫钱,您给公司做的事够多了。” The will of the people are the meat is long, Zhou resolute to everyone's good, big fellow in company naturally admires him, respects him. 人心都是肉长的,周毅对大家好,公司的大家伙自然都佩服他,尊重他。 Zhou resolute does not demand, that decided happily! 周毅也不强求,那就这么愉快决定了！ As for the repair earnest money, Zhou resolute does not plan to sue, because does not need. 至于装修保证金,周毅并不打算去起诉,因为没必要。 The prosecution time is long and takes time, now had the stipulation also to have the evidence, took the housing administration bureau to sue directly was good, this was the direct control section of property. 起诉时间又长又费事,现在有了规定又有证据,直接拿着去房管局投诉就行了,这是物业的直接管理部门。 Drew back 10,000 steps saying that waited for the housing administration bureau to sue in the useless situation, sued again, that also with enough time. 退一万步说,等房管局投诉没用的情况下,再起诉,那也来得及。 Had/Left the Zhou resolute office, Liu big can dial the telephone of beforehand material business. 出了周毅办公室,刘大能拨通了之前材料商的电话。 „Hey, to is I, old Liu, that anything and you said a matter......” “喂,对是我,老刘,那什么和你们说个事……” Like this makes others run for no reason again, is not definitely right, therefore Liu big can prepare, later refunds can let part. 这样子让人家平白无故地再跑一趟,肯定不对,所以刘大能已经准备好了,之后退钱的时候可以让一部分。 Zhou said in any case, this completion, the compensation are many. 反正周总说了,这次办成,赔偿就不少。 The material business naturally consented, is driving then to arrive at the community entrance, then had no accident/surprise to be blocked by the community security. 材料商自然应允,开着车便一路来到了小区门口,然后没有任何意外就被小区保安拦住了。 The senders called Liu big can, Liu big can lift the cell phone to walk. 送货人打电话给了刘大能,刘大能举着手机走了出来。 „Does, why not to make me enter, pass? Did not manage to me, am I waiting?” “干什么,凭什么不让我进啊,通行证？一直不给我办,难道我就这么等着？” „It is not good, today I must, did not make me go in I to spell with you!” “不行,今天我非得进去,不让我进去我就和你们拼了！” Liu big can stand in the entrance sets an outwardly fierce but inwardly faint-hearted appearance, the hand raises the cell phone to pat, that direct racket. 刘大能站在门口做出一副色厉内荏的样子,手上举着手机拍着,就那么直接拍。 Security same as usual: „This we, no matter, you do not have the pass not to let in any case.” 保安则还是老样子:“这我们不管,反正你没有通行证就是不让进。” Here starts to quarrel, other places naturally noticed. 这边开始吵架,其他地方自然都注意到了。 Loudly quarrelled with the entrance security, Liu big can lift the cell phone to come to the property office, proposed the pass again, inquired why did not give the office. 和门口保安大吵一架,刘大能举着手机来到了物业办公室,再次提出了通行证,询问为什么不给办。 Answered, the manager is still travelling on official business, has not come back as before, has not managed to deal with according to law. 答曰,经理还在出差,依旧没回来,没办法办。 But in fact Manager king in the office, is listening to outside sound, disdains very much, was this comes noisily? 但实际上王经理就在办公室呢,就那么听着外面的动静,很是不屑,这是来闹了？ Noisy, who feared , a property can also fear that your one person make. 闹呗,谁怕谁啊,一个物业还能怕你一个人闹啊。 „Therefore, you do not give to manage is right? I from look for you for the first time, has two weeks of quick three weeks by the present, nearly one month does not have the sound as before, ok, I was knew, did not give the office!” “所以,你们就是不给办对不对？我从第一次找你们,到现在已经有两周多快三周了,近一个月的时间依旧没有动静,行,我算是知道了,不给办！” Pan Yanyan does not respond, she is tired of now. 潘艳艳不搭理,她现在正烦着呢。 Moreover in the opposite party hand is patting, at this time did not speak is quite good. 而且对方手里正在拍,这个时候还是不说话比较好。 Waits for all lanes, Liu big can go out of the property office, immediately dialed of that day related the telephone of his material business. 等一切弄完,刘大能走出了物业办公室,随即拨通了那天联系他那个材料商的电话。 „Hey, must buy the material...... I to say to me, I cannot manage the pass now, cannot enter the community, when bought not necessarily can use, money could not have given temporarily.” “喂,对我要买材料……不过我得说一下啊,我现在办不下通行证,进不了小区,买了不一定什么时候才能用,钱暂时还都给不了。” Second, this case I have no place that talked nonsense, repaired the earnest money really not to have the legal basis, at present probably Jiangsu, HLJ, many places have released the stipulation to forbid, the property did not have the right to fine. 第二更,这个案例我没有任何瞎说的地方,装修保证金真的没有法律依据,目前像是江苏,HLJ,还有很多的地方都已经出台了规定禁止了,物业没权利罚款的。 ( This chapter ends) (本章完)