Chapter 221 Zhao do not go! 第221章赵总别去！ „Hey, Mr. Zhou, Mr. Zhou, how this was, do not walk, comes back, this can discuss!” “喂,周先生,周先生,这是咋了,不要走,回来,这都可以谈的！” old yellow was too busy sets out to pursue, this really and imagined the situation disparity to be oversized. 老黄忙不迭地就起身去追了,这真的和自己想象中的情况差距过大。 Comes out to prepare to mediate, that is both sides discussed that mutually, you thought my condition is unacceptable, that can put forward the request. 出来准备调解,那都是双方互相谈的,你觉得我的条件不能接受,那可以提要求。 How this goes ahead! 这咋说走就走呢！ Zhao also stands, he does not know should oneself detain, who because reach an agreement sang to get angry. 赵总也站起来,他不知道自己该不该去挽留,因为说好的自己唱黑脸来着。 But the audience must walk now, that sang the black face to be useful. 可现在观众都要走了,那唱黑脸还有什么用。 Zhou resolute three people of walking is not quick, old yellow pursued quickly, resigned-looking say/way: „Mr. Zhou, leaving is so impulsive, you looked that Zhao actually also has the sincerity very much.” 周毅三人走的并不快,老黄很快就追了上来,一脸无奈道:“周先生,别这么冲动嘛,你看赵总其实也很有诚意。” „We can not bring a lawsuit do not bring a lawsuit.” “咱们能不打官司就不打官司。” Zhou resolute turns around to look at Huang Dao: „Attorney yellow, can this blame us? You said that Zhao, others sat saying that what I violated the reputation of his company, did not accept the mediation to sue.” 周毅转身看着老黄道:“黄律师,这能怪我们？你说说那位赵总,人家一坐下来就说什么我侵犯了他公司的名誉权,不接受调解就要起诉。” „That words spoke in this, I definitely, our court saw on the line nothing more to be said.” “那话都说到这份上了,我肯定没什么好说的了,咱法院见就行。” „Mr. Zhou, Zhao that is also the angry words for a while, for a while angry words.” old yellow hurries to say. “周先生,赵总那也是一时气话,一时气话。”老黄赶紧说道。 How this young people are mad abundantly...... 这年轻人咋就这么气盛呢…… This urged, calmed down Zhou resolute with great difficulty. 这一通劝,好不容易将周毅劝住了。 „Good all various professions, that goes back to chat.” “行行行,那就回去谈谈。” Came back to sit in the travel agency work again, Attorney yellow opened the mouth saying: „Mr. Zhou, actually Zhao truly sincere, but you want are too a much less.” 再次回来坐到了旅行社办公室内,黄律师开口道:“周先生,其实赵总这边确实是有诚意的,但是你们要的有点太多。” „Drew back compensates three not saying that but also wanted the compensation for damage, this before never had such precedent, haven't we done, was that tour guide scolded several.” “退一赔三不说,还要精神损害赔偿,这以前从来没有这样的先例吧,我们也并没有干嘛,就是那个导游骂了几句。” Zhou resolute has not spoken, has opened the mouth like the clay sculpture woodcarving same side big shape by Zhou resolute suddenly. 周毅没说话,一直在周毅旁边如同泥塑木雕一样的方大状忽然开口了。 „Attorney yellow, I must first determine with you, that tour guide scolded is not several words, moreover before scolding, she mystifying good long while.” “黄律师,我首先要跟你确定一下,那个导游骂了不是几句话,而且在骂之前,她已经阴阳怪气好半天了。” „Next, no matter draws back compensates three, is the compensation for damage, has legal support, our claims have not surpassed the category of legal rule!” “其次呢,不管是退一赔三,还是精神损害赔偿,都是有法可依的,我们的索赔也没有超过法律规定的范畴！” Zhao then cannot bear open the mouth to say finally: „But, but your cannot catch us to ask for money, that also has meets the society, this issue is mainly they make......” 赵总这下终于忍不住开口道:“但是,但是你们这不能逮着我们要钱啊,那还有地接社呢,这问题主要是他们弄出来的……” Is speaking, how Zhao must give Zhou resolute to popularize the tourist industry to revolve again. 说着话,赵总就要再次给周毅普及一下旅游行业是怎么运转的。 However, side Dazhuang opens the mouth again: „Zhao always, I wants to ask, the parents of Mr. Zhou are the contracts that and who signs?” 然而,方大状再次开口:“赵总是吧,我想请问,周先生的父母是和谁签的合同？” „Is our company, the tenderer but who serves is not our company, you should look for them......” “是我们公司,但服务的提供者并不是我们公司啊,你们应该去找他们……” „First waits for Zhao, since the parents of Mr. Zhou were you signed the contract, why that can make us look meets the society?” “先等等赵总,既然周先生的父母是和你们签了合同,那为什么要让我们去找地接社呢？” „What do you and places meet between the societies are relate?” “你们和地接社之间是什么关系呢？” side Dazhuang urgently not slow did not say as before. 方大状依旧不急不缓地说道。 The debate is an art, this is side Dazhuang the objective. 辩论是一门艺术,这是方大状的宗旨。 In this art, did not look that whose voice is big, did not look who can say, but must look at that you can speak in the point! 在这门艺术里,不是看谁的嗓门大,也不是看谁能说,而是要看你能不能说到点上！ These start to debate , the repetitious talk said back and forth, was reasonable, was individual is disinclined to debate with them. 那些开始辩论后车轱辘话来回说的,讲道理,是个人都懒得和他们辩论。 At least your argument must stand to reason is good. 最起码你的论点要言之有理才行。 But side Dazhuang most excels weaves own net layer by layer, making you say was saying fell into. 而方大状最擅长的就是一层一层编织自己的网,让你说着说着就落入其中。 Naturally, only limited to the opposite party wants the reasonable time, if not want to be reasonable, side Dazhuang naturally also has the unreasonable method. 当然,只限于对方愿意讲道理的时候,如果不愿意讲道理,方大状自然也有不讲道理的法子。 Does attorney so many years, can achieve industry in the top, side Dazhuang is not always a stodgy person. 干律师这么多年,能做到业内顶级,方大状从来都不是一個迂腐的人。 „We and places meet between the societies are the cooperation, is mainly the travel agency cannot remote cruise, this we do not have the means......” Zhao to answer again. “我们和地接社之间是合作的,主要是旅行社不能异地揽客,这个我们也没办法……”赵总再次解释道。 Why does not know, spoke with the attorney of this bald person slightly, cannot help but wants to explain. 不知道为什么,和这个略微秃顶的律师说话,不由自主地就想解释。 „Zhao, you looked that yourself said that you and places meet between the societies are the cooperation, that showing has the contract is right.” “赵总,你看你自己都说了,你们和地接社之间是合作关系,那说明有合同对吧。” „Therefore meets the society to have problems, shouldn't be you goes to and place meets the society to discuss the matter of violation? This order cannot be chaotic!” “所以地接社出了问题,难道不应该是你们去和地接社商量违约的事吗？这顺序可不能乱！” „We, if wants, truly can increase meets the society for not independent claim's third person, but we do not add.” “我方如果愿意,确实可以增加地接社为无独立请求权第三人,但我们不加也可以。” „Therefore you said why we must look meet the society, can look for the tour guide?” side Dazhuang the look looks that Zhao said. “所以你说,我们为什么要去找地接社,要去找导游？”方大状眼神看着赵总道。 Zhao could not speak immediately. 赵总顿时说不出话来了。 Actually nearby old yellow sees with own eyes in this, hurries saying: „That...... Attorney side, actually Zhao they now are also very difficult.” 倒是旁边的老黄眼见于此,赶紧说道:“那个……方律师是吧,其实赵总他们现在也很艰难。” side Dazhuang heard to happily chat, closed the eye to start to maintain mental tranquility again. 方大状闻言笑了,再次闭上眼睛开始养神。 Nearby Zhou resolute opens the mouth said: „In this world the difficult person were many, you received money initially is very happy, now broke a contract, started to say difficultly?” 旁边的周毅开口道:“这世界上艰难的人多了,伱们当初收钱的时候可是很痛快,现在违约了,又开始说艰难了？” Came to come, was this feeling, the week wants to knock the table joyfully, these two started to sing a duet, was responsible for the law debating, was responsible for the issue beyond law, for example sold miserably, for example acted shamelessly. 来了来了,又是这个感觉,周欣然想敲桌子了,这俩又开始一唱一和,一个负责法律辩论,一个负责法律之外的问题,比如卖惨,比如耍赖。 The key was this coordination was probably better than before, before must the look exchange, now, that is tacit to the extreme. 关键是这配合好像比之前更好了,之前还得眼神交流一下,现在,那都默契到了极点。 „It is not, Mr. Zhou, you listens to me to explain, this present entire industry is this, is carrying out the shopping roaming, this we really do not have the means.” “不是,周先生,你听我解释,这现在整个行业都是这样,都是在推行购物游,这我们是真的没办法。” Zhao opens the mouth again, the expression on face is not very good. 赵总再次开口,脸上的表情很不好。 „Zhao, do not take the industry the matter, the industry is the industry, individual is individual, the violation breaks a contract, if cannot achieve, initially should inform me, said that does not exist plays the group purely.” “赵总,不要拿行业来说事,行业是行业,个人是个人,违约就是违约,如果做不到,当初就应该告知我,说不存在纯玩团。” „Should explain, even if plays the group still to have the shopping purely, rather than in propagandized to us initially, said that plays the group purely is plays purely.” “就应该说明白,就算是纯玩团也有购物,而不是在当初给我们宣传,说纯玩团就是纯玩。” This is a point that Zhou resolute must indicate that indeed, the tourist industry really has the issue , like the express industry. 这是周毅要表明的一点,诚然,旅游行业确实有问题,和快递行业一样。 But actually and express industry has the difference. 但其实和快递行业还是有区别的。 Moreover even the express industry, how that still this/should should how, let alone tourist industry. 而且就算是快递行业,那也该是该咋样咋样,更别说旅游行业了。 Zhao silent some little time, this said: „Mr. Zhou, I also said directly, we can compensate, but we can only compensate 3000 Yuan, after all your parents played many scenic spots, reture fare.” 赵总沉默了好一会儿,这才说道:“周先生,那我也直接说了,我们可以赔偿,但是我们只能赔三千元,毕竟你的父母玩了不少的景点,还有来回路费。” „Yes Mr. Zhou, at least the reture fare and board and lodging these must deduct, these truly provided.” old yellow also said in side. “是啊周先生,最起码来回路费和食宿这些得扣掉吧,这些确确实实提供了的。”老黄也在旁边说道。 side Dazhuang the eyes open, opens the mouth to say again: „But, in the contract of your travel agency has not differentiated alone these.” 方大状的眼睛睁开,再次开口道:“但是,你们旅行社的合同里并没有将这些单独区分出来。” „You are the pack charges, therefore I can be regarded as a service the entire journey, is regarded as a product.” “你们是打包收费的,所以我可以将整个出行看做是一个服务,看作是一个产品。” „Then similarly, after having the expense fraud, is naturally used to sue for damages at the overall fee/spent.” “那么同样,在发生了消费欺诈之后,自然是以整体费用来进行索赔。” Here can look, regarding a case, a case of civil-contract dispute, both sides debate the time will concentrate where. 这里就能看出来,对于一个案子,一个民事合同纠纷的案子,双方进行辩论的时候会集中在什么地方。 side Dazhuang holds is, in their contracts is takes the entire service as a whole, the airplane ticket, board and lodging expense these have not differentiated back and forth alone. 方大状抓住的就是一点,他们的合同里面是把整个服务作为一个整体,来回机票,食宿费用这些并没有单独区分。 Moreover some unilateral provisions, for example have any unexpected situation, all expenses do not exchange a purchase generally and so on. 而且更有一些单方面的条款,比如发生任何意外情况,所有费用概不退换之类的。 side Dazhuang seizes these, what you provide is a service, many services that rather than analyzes, in this point contract manifest. 方大状就揪住这些,你提供的是一个服务,而不是拆分开的多个服务,这一点合同里面有体现。 This is also this travel agency's issue, actually many travel agencies play the group regarding this type purely, will conduct the detailed stipulation. 这也是这个旅行社本身的问题,其实很多的旅行社对于这种纯玩团,都会进行详细规定。 Naturally, according to his experience, the court should not completely support this position, because in practice, regarding drawing back compensates three decisions is very conservative. 当然,按照他的经验,法院应该不会完全支持这一主张,因为在实践中,对于退一赔三的判罚是很保守的。 The big probability will not draw back compensates three, but refunds, in addition uses judgment to compensate part. 大概率不会退一赔三,而是退钱,外加酌情赔偿一部分。 Why will assign a penalty, here must talk about some principles that in the civil judgment can abide by, is the basic principle of civil law. 为什么会这么判罚呢,这里就要谈到民事判决中会遵守的一些原则,也就是民法的基本原则。 Special details here did not launch to say. 具体情况这里就不展开说了。 Naturally, that will not manage these in the mediation. 当然,在调解中那是不会管这些的。 Pitiful old yellow a little cannot speak now, he and Zhao are also diligently, the opposite party discussed the law, they spoke the reality. 可怜老黄现在有点说不出话了,他和赵总也算是努力,对方谈法律,他们讲现实。 The opposite party started to discuss the reality, they started to speak the law. 对方开始谈现实了,他们又开始讲法律。 What a pity both aspects were ended the defeat. 可惜两个方面都被完败。 Opposite two people are really aggressive, Zhao felt oneself really could not endure, since his 20 years old of undertaking, has been a scapegoat, but has not been a scapegoat! 对面的两人真的是咄咄逼人,赵总觉得自己真的忍不了,他二十来岁创业至今,也受过气,但是从来没有这么受过气！ The opposite that two really think probably oneself do not dare to bring a lawsuit to be the same, thought that ate itself! 对面那俩好像真的以为自己不敢打官司一样,就觉得吃定了自己！ „That did not need to discuss, Mr. Zhou, I was the sincerity want to mediate, but you, simply did not have the sincerity probably, since like this that even.” “那就不用谈了,周先生,我是真心想调解,可你们呢,却好像根本没诚意,既然这样那就算了。” „Here and Attorney yellow has signed the contract, such being the case, is not to bring a lawsuit, I accompany!” “我这里和黄律师已经签好合同了,既然如此,不就是打官司嘛,我奉陪到底！” „Attorney yellow, you goes back to prepare to sue him to violate the reputation of our company!” “黄律师,你回去就准备起诉他侵犯我公司的名誉权！” At the same time spoke, before Zhao already , the contract that signed took. 一边说话,赵总已经将之前签的合同拿了出来。 His original intention did not say but actually must express anything, strengthens own tone, you must bring a lawsuit, I accept. 他的本意倒也不是说要表达什么,就只是增强一下自己的语气,你们要打官司,我接受。 I had also entrusted the attorney in any case, that comes. 反正我也已经委托了律师,那就来吧。 However, is the time that such a shakes, side Dazhuang saw. 然而,就是那么一晃悠的功夫,方大状就看到了。 side Dazhuang the eyes are very sharp, do not look to wear the gold-rimmed eyeglasses, needs look good time will be very good! 方大状的眼睛很尖,别看戴着金丝眼镜,需要眼神好的时候会特别好！ Looked to see that treaty contents, was not complete, was under some essential places. 一眼就瞄见了那份合同内容,也不是全部,就是下面的一些关键地方。 „Reads the contract are innumerable” the attorney regarding side Dazhuang this, what type contract has seen. 对于方大状这样“阅合同无数”的律师来说,什么类型的合同都见过。 The principal-agent contract is ripe cannot be ripe . Moreover the occupational disease, must first probably look at the chapter. 委托代理合同更是熟的不能再熟,而且职业病,首先必须得看章。 Then he discovered, on this contract does not have the official seal of law firm. 然后他就发现,这合同上面没有律所的公章。 It is not right, this probably at all is not the principal-agent contract. 哦不对,这好像根本不是什么委托代理合同。 But Zhou resolute nods saying: „Good Zhao, since our is unable to achieve meets one's satisfaction, then sees on the court on.” 而周毅则点点头道:“好的赵总,既然我们的无法达成合意,那就法庭上见吧。” „Must sue me to violate the reputation of your firm as for you, this is your lawful rights.” “至于您要起诉我侵犯贵公司的名誉权,这是您的合法权利。” Was saying Zhou resolute has a look at side Dazhuang, hints the opposite party to prepare to walk, as a result, side Dazhuang has a look at itself, has a look at opposite that Attorney yellow, in the look is passing a strangeness. 说着周毅看看方大状,示意对方准备走,结果发现,方大状看看自己,又看看对面那位黄律师,眼神中透着一丝古怪。 Although has not said that but Zhou resolute had seen, what side Dazhuang wants saying: Zhou resolute, you are really virulent! 虽然没有说出来,但周毅已经看到了,方大状想说的是:周毅,你果然有毒！ What situation this is, was I also how virulent? 啥情况这是,我咋就又有毒了？ Opposite old yellow has been speechless now, Zhao you are what situation, before coming, is not well, do not get angry, we who said that must mediate! 对面的老黄现在已经无话可说了,赵总你这是什么情况,来之前不是说的好好的,不要翻脸,咱们要调解！ He especially wants to say one: Zhao do not go, will lose! 他特别想说一句:赵总别去,会输！ Even if sang the black face did not sing, you upset the table directly, how that also discussed. 就算是唱黑脸也不是这么唱的吧,你都直接掀桌子了,那还怎么谈。 Also makes me sue, I sue with anything...... 还让我起诉,我拿什么起诉…… He wants to persuade both sides to sit to discuss again, but is even glib, does not know how to say. 他想劝说双方再次坐下来谈,但就算能说会道,也不知道咋说了。 The having mind filled with gloomy mood, is thinking this time looked which attorney friend entrusted to help. 满腹愁绪,想着这次看委托哪个律师朋友帮忙。 Right, the contract that he signs is not the principal-agent contract, is only a contract of service. 没错,他签的合同又不是委托代理合同,只是一份服务合同。 Therefore he can also certainly subcontract this, looks for an attorney who has the card helps bring a lawsuit. 所以他当然也可以将这转包出去,找一个有证的律师来帮忙打官司。 When the time comes the court will not examine among you agency agreement is what situation, the agent who will only examine the correspondence whether has the aptitude! 到时候法院不会审查你们之间的代理合同是什么情况,只会审查对应的代理人是否有资质！ The attorney appears in court is not can certainly go directly, before appearing in court, needs the law firm to send an attorney appearing in court letter to the court, without this thing, procedure as before not entire. 律师出庭当然不是直接就能去的,出庭之前,需要律所给法庭发一份律师出庭函,没有这东西,手续依旧不全。 Why therefore said that our attorney gaps are very big, no matter now the agent or the lawyer, the status request were very high. 所以为什么说我们的律师缺口很大,现在不管是代理人还是辩护人,身份要求都很高了。 Basically is an attorney. 基本上都是律师。 This means that own income will sell at a discount greatly, old yellow is also only will then manage in situation as a last resort. 这意味着自己的收入会大打折扣,老黄也是只有在万不得已的情况下才会这么办。 Everyone stands the preparation to leave, but is, side Dazhuang opens the mouth saying: „Zhao, Attorney yellow, you first waits.” 所有人都站起来准备离开,但就在是,方大状开口道:“赵总,黄律师,你们先等等。” ? Zhao turn head looked, this is must do, but here my domain! 啊？赵总回头看了过来,这是要干嘛,这里可是我的地盘！ „Is unfair to Zhao, do not misunderstand, Attorney yellow, I can ask, you in which attorney disciple?” side Dazhuang asked. “对不起赵总,不要误会,黄律师,我可以问一下,你是在哪个律师执业吗？”方大状问道。 old yellow heart sinks, but said: „Attorney side, this issue did not seem like me to say.” 老黄的心一沉,但还是说道:“方律师,这个问题好像不是我必须要说的吧。” „Naturally, Attorney yellow can not say greatly, is only Zhao, I just saw your contract, does not seem like the principal-agent contract.” “当然,黄律师大可以不说,只是呢赵总,我刚刚看到你的那份合同,好像不是委托代理合同。” „Are you and Attorney yellow the personal bamboo slip?” “你这是和黄律师私人签的？” Zhao puts out the contract again, a little said hesitant: „Right, what issue has?” 赵总再次拿出合同,有点犹豫道:“对啊,有什么问题吗？” side Dazhuang hears word said with a smile: „Actually is not the important matter, Zhao, you possibly does not know, the attorney cannot sign this type of contract in his own name.” 方大状闻言笑道:“其实也不是什么大事,赵总啊,你可能不知道,律师可不能以个人名义来签订这种合同的。” „Therefore my very curious this Attorney yellow, his violates the attorney law.” “所以我很好奇这位黄律师,他这样可是违反律师法的。” „His why not normal bamboo slip contract?” “那他为什么不正常签合同呢？” This did not say does not know, Zhao hears word was a little also strange, has a look at the contract in hand, said: „old yellow, what's the matter, which law firm you are at to come, this cannot to make money to violate regulations.” 这不说不知道,赵总闻言也有点奇怪了,看看手里的合同,说道:“老黄,咋回事,你在哪个律所来着,这不能为了多赚钱就违规啊。” At this moment, old yellow really wants to come up to block Zhao mouth! 这一刻,老黄真的想上去把赵总的嘴堵上！ This matter had not been held actually to be all right, if were put on outwardly, then on pit. 这事没被捅出来其实没事,但是一旦被放到明面上,那就坑了。 Why said that is the gray area, because it is not regular. 为什么说是灰色地带,就因为本身不正规。 „Zhao, you first waits, I looked probably, should this Attorney yellow, not be an attorney?” “赵总,你呢还是先等等吧,我大概看出来了,这位黄律师,应该不是律师吧？” Otherwise does not have the truth to have problems on this matter. 否则没道理会在这个事上面出问题。 „Naturally, you can also deny, but are not related, I had reported to the police, meets you with police comrade to explain.” “当然,你也可以否认,不过没关系,我已经报警了,一会你可以和警察同志解释一下。” „Believes that the explanation was clear should be all right.” “相信解释清楚了应该就没事了。” What thing? This also reported to the police, words saying that the counterfeit attorney does violate the law? 啥玩意？这还报警了,话说假冒律师犯法吗？ A Zhao face compels ignorant, in the matter regarding tourist industry he naturally was gate clear, but regarding the legal profession, he grasped blindly. 赵总一脸的懵逼,对于旅游行业内的事他自然是门清的,但是对于法律行业,他就抓瞎了。 Do not think that boss anything understands...... 不要觉得老板就什么都懂…… Hears here, old yellow face was all of a sudden white, pointed at side Dazhuang you half of the day unable to speak. 听到这里,老黄的脸一下子白了,指着方大状你了半天说不出话来。 In fact let alone he, nearby Zhou Yihe week has not a little responded joyfully. 事实上别说他了,旁边的周毅和周欣然也有点没反应过来。 We seem like mediated, this mediation has not succeeded, might deliver the attorney of opposite party. 我们好像是来调解的吧,这调解没成功,好像要把对方的律师送进去了。 Does not seem like the attorney, considers as finished almost...... 哦,好像不是律师,算了差不多…… Today second comes, in fact I do not know that so will be why late.. Tomorrow was 515, I must hurry along tomorrow, can only say that made everyone drawing opportunity many as far as possible. 今天第二更来了,事实上我也不知道为什么会这么晚。。明天就是五一五了,我明天得赶路,只能说尽量让大家抽奖机会多一点。 Thank the inspiration to draw k, book friend 152, book friend 2022, the fat cat story big brother, 190 hhh, the stubborn tears, the orange, wad lost/carrying brothers, the Feng fragrant long-drawn-out meter/rice, the horizon, thank hitting of brothers to enjoy. 感谢灵感画k,书友152,书友2022,肥猫物语大哥,190hhh,倔强的泪,橙子,小束负兄弟,锋馨悠米,地平线,感谢兄弟们的打赏。 ( This chapter ends) (本章完)