Chapter 225 comes a true showdown!( Asked monthly ticket) 第225章来一场真正的对决吧！(求月票) On August 29, clear, the extraordinarily good luck, the suitable marriage, put up the main beam, prosecution, holding court. 八月29日,晴,大吉,宜嫁娶,上梁,起诉,开庭。 Had the advantage of special team is, oneself did not need anything to do, only needed to control the general situation on the line. 有了专门团队的好处就是,自己不需要什么事都做,只需要把控大局就行。 For example now, Zhou resolute has driven to arrive at Guangming District People's Court, but in the company, the specialized work room team is making the video in „neglecting to eat and sleep”. 比如现在,周毅已经开车来到了光明区人民法院,而在公司里,专业的工作室团队正在“废寝忘食”地做着视频。 In addition without the means that the staff 108 people, the cleaning aunt and security uncle who the service sends, how in so many people also to have the big dozens videos or the audio frequency material. 没办法,员工一百零八人,加上劳务派遣的保洁阿姨和保安大叔,这么多人里面咋也有大几十份的视频或者音频素材。 By his Zhou resolute person, that must cut to go lord knows when! 就靠他周毅一个人,那得剪到猴年马月去！ Moreover he himself is not the editing expert, can have the present result is to depend on the plot of hard core, flat and thin piece that in comparison, in the work room these specialized technical personnel cut, being better that then cuts compared with he himself. 而且他自己也不是什么剪辑高手,能有现在的成绩都是靠着硬核的剧情,相比之下,工作室里那些专业的技术人员剪出来的片子,那比他自己剪的都要好。 Therefore Zhou was not good Party A a time, gave the related request, then the racket the buttocks came to the court to watch the fun. 于是周某人就又做了一次无良的甲方,把相关的要求给了,然后拍拍屁股就来法院看热闹了。 The reason does not have him, this time, he heard that side Dazhuang must run into the opponent! 原因无他,这次,他听说方大状要遇到对手了！ yesterday afternoon, according to old custom, before holding court, drinks cup of coffee with side Dazhuang. 就在昨天下午的时候,按照老习惯,开庭之前和方大状喝杯咖啡。 The result has not thought midway side Dazhuang who drinks the coffee answered a telephone, after coming back, on look illumination. 结果没想到喝咖啡的中途方大状接了个电话,回来之后就眼神发光。 The mouth was saying anything „finally can run into a proper opponent” „to open a specialized showdown” as well as „Zhou resolute you did not have poison” and so on bewildered words. 嘴里一个劲儿地在说什么“终于能遇到一個正经对手了”“开启一场专业的对决吧”以及“周毅原来你没毒”之类莫名其妙的话。 On this condition, you said that side Dazhuang is all right, his Zhou resolute do not believe. 就这状况,你说方大状没事,他周毅都不信。 Previous time has this situation is the kingly way benevolent, on previous time has this situation or the kingly way benevolent, again the previous time, that was the week rookies. 上次有这情况是王道仁,上上次有这情况还是王道仁,再上一次,那就是周菜鸟了。 Most starts side Dazhuang this appearance time, Zhou resolute will leave slightly. 最开始方大状这个样子的时候,周毅都会稍微离开点。 , Really difficult to imagine a 40-year- old man unexpectedly such two. 真的,很难想象一个40岁的老男人居然会这么中二。 But this saying he was does not dare to say before side Dazhuang absolutely. 只不过这话他是绝对不敢在方大状面前说的。 When side Dazhuang stopped this situation, Zhou Yicai ravelled finally, originally this power of exponent big shape had the opponent! 等到方大状停止这情况了,周毅才终于弄明白,原来这次方大状有对手了！ Does not seem like beforehand week rookies kingly way benevolent bell spot such to hear side Dazhuang the name to be a little afraid, this, others felt, if the attorney, hears others' reputation to be afraid greatly, that do not work as early as possible. 不像是之前周菜鸟王道仁钟处那样听到方大状名字就有点害怕的,这位,人家就是觉得,如果当律师,听到别人的名声大就害怕,那趁早别当了。 Everyone do not debate, whose fame holding court compares to be big who did not win on the line, but also wanted anything to present evidence questioning witnesses forensic argument such link. 大家也别辩论了,开庭比一比谁的名气大谁赢不就行了嘛,还要什么举证质证法庭辩论这样的环节呢。 Without unexpected, side Dazhuang the response is, this saying said was too right! 没有出乎意料,方大状的反应就是,这话说的太对了！ The he just big shape from making a debut to start, constantly is challenging, therefore hears this saying to be very happy now, specially happy! 他方大状从出道开始,就在不断地挑战,所以现在听到这话很开心,特别的开心！ Because why, is engaged in the legal profession, if you want in this line thorough, the most important thing is that do not follow blindly, do not follow blindly! 为什么,因为从事法律行业,如果你想在这行深入一点,最重要的一点,不要盲从,千万不要盲从！ In the life some people will always say in the debate, this is the opinions of such and some famous expert, then probably this opinion is absolutely correct, is the absolute truth is the same. 生活中有人总是会在辩论中说,这是某某某知名专家的言论,然后好像这种言论就是完全正确,就是绝对的真理一样。 Being engaged in legal profession this is not definitely good, the court decides a case to be based on the fact, takes the law as the criterion, must look at the actual situation, looks at the evidence, rather than looks at the fame of attorney. 从事法律行业这肯定不行,法院判案要以事实为依据,以法律为准绳,一切都要看实际情况,看证据,而不是看律师的名气。 Heard that attorney is surnamed Huo, calls Huo Pengfei! 听说那位律师姓霍,叫霍鹏飞！ Therefore side Dazhuang stuffy coffee, plans to return to the law firm directly, he must be attentive, is attentive. 于是方大状一口闷了咖啡,直接就打算回律所,他要再用心一点,再用心一点。 This lawsuit some hit, draws back compensates three, is the compensation for damage, inside debated actually much, this looks at level of both sides purely. 这个官司有的打,无论是退一赔三,还是精神损害赔偿,里面的辩点其实都不少,这是纯粹看双方的水平了。 „Zhou resolute, came.” Side has the sound to resound, side Dazhuang wears the gold-rimmed eyeglasses, is conducting the arm the briefcase slantingly , week eye socket joyfully also a little becomes dark. “周毅,来了啊。”旁边有声音响起,方大状戴着金丝眼镜,斜挎着公文包走了过来,身后,周欣然的眼圈也有点发黑。 Although the week goddess does not care about oneself face value, but did not mean her no matter these, usually in various types maintained anything will not fall. 虽然周女神不在意自己的颜值,但并不是说她就不管这些了,平日里各种保养什么的还是不会落下。 Only can say, definitely was last night above big shape working overtime, however Later Zhou Dynasty also followed to work overtime joyfully. 只能说,肯定是昨晚上方大状加班,然后周欣然也跟着加班。 Then side Dazhuang rested four hours also to be healthy and vigorous, the week actually had the yawn there joyfully unceasingly. 然后方大状睡个四小时就又精神奕奕了,周欣然却在那里不断打哈欠。 „Un, side Dazhuang does, morning, have confidence today?” Zhou resolute cracks a joke to say. “嗯,方大状,早啊,今天有把握吗？”周毅开玩笑道。 side Dazhuang turned head to take a look at his one eyes saying: „Did you say the assurance before me?” 方大状扭头瞅了他一眼道:“你在我面前说把握？” Shakes the head, has a look at the front court: „Knows that what is the hand with gripping?” 摇摇头,又看看前面的法院:“知道什么叫手拿把攥吗？” Oneself play this joke unnecessarily, was installed one time by him, the following week the second has changed the little fan younger sister joyfully. 得,自己就多余开这玩笑,又被他装了一次,后面的周欣然已经秒变小迷妹。 „Walked , Attorney Huo, came.” “走了进去吧,诶,霍律师,来了啊。” Is side Dazhuang is actually preparing to call, suddenly shouts. 却是方大状正准备招呼进去呢,忽然喊道。 Attorney Huo? Is side Dazhuang that opponent? 霍律师？就是方大状的那位对手？ Zhou resolute turns head to look, then saw a black hair thick middle age attorney walked, wears the black frame eyeglasses, similarly carries the slanting satchel. 周毅扭头看去,便看到一位黑发浓密的中年律师走了过来,戴着黑框眼镜,同样背着斜挎包。 Has not seen that Zhao. 只是没见那位赵总。 This is also normal, if many companies related to the lawsuit, the bosses will not come to the court. 这也正常,很多公司如果涉及诉讼,老板都不会来法院的。 One Zhou resolute knew shortly in the past, this Attorney Huo was definitely inferior that side Dazhuang, you look at that hair, where has the powerhouse non- bald person! 一眼看过去周毅就知道了,这霍律师肯定不如方大状,你看那头发,哪有强者不秃顶的！ Was called such a, Huo Pengfei saw side Dazhuang immediately, tightens two to put out a hand saying: „Teacher side, morning, please advise today much.” 被叫了这么一声,霍鹏飞登时看到了方大状,紧走两步过来伸手道:“方老师,早啊,今天还请多多指教。” Huo Pengfei is the typical traditional attorney, he not because side Dazhuang the reputation will feel to have anything greatly, however before the opposite party, should have the courtesy that is not few. 霍鹏飞是典型的传统律师,他不会因为方大状的名头大就觉得有什么,但是在对方面前,该有的礼数也不会少。 The opposite party was this group of seniors of did not say, was mainly the opposite party's politics and law east the man (Han) holds the post of the visiting professor many years, probably his Huo Pengfei also listened to side Dazhuang to teach. 对方是这行的前辈不说,主要是对方在汉东政法担任客座教授多年,像是他霍鹏飞自己也听过方大状讲课。 Therefore courtesy aspect definitely cannot lack. 所以礼数这方面肯定不能缺。 „, Discussed that anything advises.” side Dazhuang smiles is very happy: „Your that words saying is very right, what our line of depending is the genuine materials, rather than what fame.” “诶,谈什么指教呢。”方大状笑的很开心:“你那话说的很对,咱们这行靠的是真材实料,而不是什么名气。” He never blindly believes in the authority, even if oneself present is an authority, that should also scold scolds! 他从不迷信权威,哪怕自己现在就是个权威,那也是该骂就骂！ Immediately must hold court, everyone had not said, quick entered the court, the familiar people two courtyards, Zhou resolute has arrived at agent that to sit down familiar and easy, proficiently makes one love dearly. 马上就要开庭了,大家也没多说,很快就都进了法院,熟悉的民二庭,周毅已经轻车熟路地走到了代理人那坐下,熟练的让人心疼。 His parents are this case plaintiff in the true sense, Zhou resolute and side Dazhuang same are the legal representatives. 他父母才是这个案子真正意义上的原告,周毅和方大状一样是诉讼代理人。 The civil procedure law provision, the close relative can act as the agent. 民事诉讼法规定的,近亲属可以充当代理人。 Shortly, Li Xusheng of pulling a long face walked, Zhou resolute raised the head takes a look, civil court in Guangming District Court on your judge? 没多久,绷着脸的李虚生走了进来,周毅抬头一瞅,光明区法院的民庭就你一个法官了？ This production team...... that cannot be so tight is using. 这生产队的……那也不能这么紧着用吧。 Li Xusheng has a look at Zhou resolute unemotionally, the recent case was short of a point compared with before, working overtime is not serious, really thanks heaven and earth, at least can rest well. 李虚生面无表情地看看周毅,最近的案件比起之前少了一点,加班没那么严重,真的是谢天谢地,最起码能好好休息一下。 Although said that the judge also needs the performance, but braves a fellow suddenly, gave you to brush in one month you one year of performance, you said that you will hate him, hated him? 虽然说法官也需要业绩,但是突然冒出来一个家伙,将你一年的业绩给你在一个月内刷出来了,你说你会恨他,还是恨他呢？ Thinks that last month working overtime of net violent case time, that is really in deep sorrow. 想到上个月网暴案件时候的加班,那真的是痛不欲生。 „Good the present to hold court!” “好了现在开庭！” both sides had determined that declines to mediate. 双方都已经确定拒绝调解。 The presiding judge is Li Xusheng, what side is an umpire, people's assessor, this is a standard collegiate bench. 审判长就是李虚生,旁边的是审判员,还有人民陪审员,这是一个标准的合议庭。 As for holding court of former old Li person, that walked the simple procedure. 至于之前只有老李一个人的开庭,那是走了简易程序。 After following the routine procedure/program, started to present evidence the questioning witnesses stage. 经过了例行的程序之后,开始了举证质证阶段。 According to whom advocated principle that who presents evidence, side Dazhuang naturally started presenting evidence. 依照谁主张谁举证的原则,方大状自然开始了举证。 Zhou resolute except for such as the opposite party company residence place, company legal representative and so on beyond the evidence, the main evidence has such several types, the contract, Mr. Zhou Ms. Zhou on the vehicle, in video audio frequency evidence that shopping shop and other places photographed. 周毅这边除了诸如对方公司住所地,公司法定代表人之类的证据外,主要的证据有那么几样,合同,周父周母在车上,在购物店等地方拍摄的视频音频证据。 And most starts, sales workers Zhou Xiaoxiao conducts the propaganda time the words. 以及最开始的时候,销售人员周晓晓进行宣传时候的话语。 To be honest, these evidence Huo Pengfei are prepared, for example contract. 说实话,这些证据霍鹏飞早已经有了准备,比如合同。 „Is unobjectionable regarding its authenticity, but has the objection regarding the proof strength, in this contract had not clearly stipulated that this group does not allow to shop, and has not agreed the liabilities for breach in related aspect, therefore, is unable to show that this touring party has the behavior of expense fraud.” “对于其真实性无异议,但对于证明力有异议,本合同中并没有明确规定本团不允许进行购物,并且没有对相关方面的违约责任进行约定,因此,无法证明本次旅行团存在消费欺诈的行为。” His defense direction has two, its one is the contract, just like the week looked at the time before joyfully, this contract is not very complex that. 他的辩护方向有两条,其一就是合同本身,正如之前周欣然看时候的一样,这合同不是很复杂的那种。 Inside mentioned plays the group purely, but Huo Pengfei placed in the emphasis point agreement of both sides, had not said that shopping shop, this is the key point. 里面是提到了纯玩团,但是霍鹏飞将侧重点放在了双方的约定上,并没有说不去购物店,这是重点。 The two are these video evidence. 其二呢就是那些视频证据。 To be honest, our country civilian aspects evidence, or regarding evidence collection method not that strict demand. 说实话,我国民事方面的证据,或者说对于取证手段并没有那么的严格要求。 This inside involved the theory of fruit of Western poisonous tree, can the fruit that on the poisonous tree tied, eat? 这里面涉及到了西方毒树之果的理论,有毒的树上结的果子,可不可以食用呢？ However our country regarding this aspect, is not all at once, for example you photograph surreptitiously to obtain the video evidence, the judge will not say directly to you otherwise. 但是我国对于这方面,并不是一刀切,比如你偷拍获得视频证据,法官不会说直接就给你否了。 Huo Pengfei can still conduct the questioning witnesses rebuttal with the reason in this aspect. 只是霍鹏飞依然可以用这方面的原因来进行质证反驳。 Your these videos are to photograph surreptitiously, showed that the strength has the issue. 你这些视频都是偷拍的,证明力有问题。 Then, because of photographing surreptitiously of your parents, therefore causes tour guide's insult. 然后呢,因为你父母的偷拍,所以才导致导游的辱骂。 Therefore, you advocated that the compensation for damage should look for that tour guide, the defendant main body ill standard. 因此呢,你主张精神损害赔偿应该去找那个导游,被告主体不适格。 These evidence Huo Pengfei are prepared, making him present evidence the deadline last day unexpected, an evidence that side Dazhuang submits. 这些证据霍鹏飞都有准备,让他猝不及防地是在举证期限最后一天,方大状提交的一份证据。 That is „the good world” travel agency's sales record and appraisal in some third party platform. 那是“行天下”旅行社在某个第三方平台上的销售记录和评价。 The present travel agency basically has the shop, the good world is the Zhou resolute parents online saw. 现在的旅行社基本上都有网店的,行天下本来就是周毅父母在网上看到的。 But before, the good world travel agency naturally had much plays the sale of group purely, played the group to be taken away to shop purely, the consumer was naturally uncomfortable. 而在之前,行天下旅行社自然有不少纯玩团的销售,纯玩团被带去购物了,消费者自然不爽。 Like Zhou resolute like this was hard are just not many, everyone a difference that platform commented at most. 只是如同周毅这样硬刚到底的还是不多,大家顶多就是在那平台上来个差评。 Said that this plays the group also to shop purely...... 说这纯玩团还得购物…… Actually the pure difference comments also no, the key is in that evidence showed, the platform authentication conducted the reply for the account number of good world business, deeply feels sorry, then said now does not have the behavior of force shopping. 其实单纯的差评也没什么,关键是那证据里显示,平台认证为行天下商家的账号进行了回复,深感抱歉,然后说现在并不存在强迫购物的行为。 Does not have the force shopping, but you, when others go shopping you cannot walk...... 是不存在强迫购物,只是你在别人买东西的时候伱也不能走…… Similar appraisal has many, side Dazhuang gave to look. 类似的评价有好多,方大状都给找了出来。 Then Huo Pengfei a little numb Gua. 然后霍鹏飞就有点麻瓜了。 The presenting evidence questioning witnesses one after another ended, that Zhou resolute looks at called a crispness, this Attorney Huo really had many skills compared with Zhou Cainiao. 一份一份的举证质证结束,周毅看的那叫一个爽,这位霍律师比起周菜鸟来说确实有两把刷子的。 Then arrived at the forensic argument link. 接下来就到了法庭辩论环节。 The subject matter of debate is, the travel agency regarding Zhou resolute parents' behavior, constituted the expense fraud! 辩论的主要问题就是,旅行社对于周毅父母的行为,是否构成了消费欺诈！ This is decides whether conducts „draws back compensates three” the key. 这是决定是否进行“退一赔三”的关键。 „Traveling contract bases on the mixed contracts that the tourist product makes, but a tourist product involved many service providers, but in this case, our operators when providing played the consumer service of group purely, not subjective fraud intentionally.” “旅游合同是基于旅游产品而做出的混合合同,而一个旅游产品本身就涉及到了很多的服务商,而在本案中,我方经营者在提供纯玩团的消费服务时,并没有主观的欺诈故意。” „However has the shopping behavior , because met the service of society to have the problem, this was our operators cannot expect, therefore, did not have the expense fraudulent practice.” “而之所以发生购物行为,是因为地接社的服务出现了问题,这是我方经营者所不能预料到的,所以,并不存在消费欺诈行为。” Huo Pengfei said there. 霍鹏飞在那里说道。 Four constitution important documents of expense fraud, first is the operator subjective aspect must have the fraud intentionally, second having the behavior of fraud, third is a consumer, because the behavior of operator fell into the wrong judgment, fourth was the consumer makes the meaning to express based on the misjudgment. 消费欺诈的四个构成要件,第一是经营者主观方面要有欺诈的故意,第二是要有欺诈的行为,第三是消费者因为经营者的行为陷入了错误的判断,第四就是消费者基于错误判断作出了意思表示。 The logical expression is, I want to deceive you, moreover I did deceived your movement, the result was you are deceived by me. 说人话就是,我想骗你,而且我做了骗你的动作,结果是你被我骗了。 Every so often we online went shopping, buy the counterfeit goods, advocated why drew back compensates three to be able is not untenable, the reason was very simple, you need to show that online business he was to deceive you. 很多时候我们在网上买东西,买到假货了,主张退一赔三为什么会不成立,原因很简单,你需要证明那个网上的商家他就是要骗你。 At this time before was , the evidence had an effect. 这时候就是之前证据起作用的时候。 side Dazhuang opens the mouth saying: „The appraisal and reply from former third party traveling platform, the good world travel agency was very clear, played the group also to have the shopping purely the situation, when it in conducting to sell plays the group not to explain purely, can therefore determine, the travel agency subjective aspect had the fraud intentionally!” 方大状开口道:“从之前第三方旅游平台的评价和回复来看,行天下旅行社很清楚,纯玩团也存在购物的情况,其在进行销售纯玩团之时并没有进行说明,所以可以确定,旅行社主观方面存在欺诈故意！” „Moreover, in the words that since the tour guide curses at people can determine, the opposite party is because our litigants have not shopped the insult behavior, this insult behavior continues to be close for one point, seriously harmed the personality power of our litigant.” “另外,从导游骂人的话语中可以确定,对方就是因为我方当事人没有购物才进行的辱骂行为,此辱骂行为持续接近一分中,严重损害了我方当事人的人格权。” The skill of well-known big shape, is not always on the court this meeting time manifests. 知名大状的本事,从来都不是法庭上这会时间体现出来的。 Watches the hearing purely, many people will plant „on me my also line” feeling, is not illuminates reads, who was unable. 单纯看庭审,很多人都会有种“我上我也行”的感觉,不就是照着念嘛,谁还不会呢。 However Zhou resolute can also look, this named Huo Pengfei is trying hard as before. 不过周毅也能看出来,这个叫霍鹏飞的依旧在努力。 Only pitifully, after the key evidence has the problem, even again how glib, the words of these debates feel like doing idle talk. 只可惜,当关键证据出现问题后,就算是再怎么能说会道,那些辩论的话都感觉像是在说空话。 In the visitors'gallery, Aunt Su is taking the notebook to record unceasingly, this is by the classics of case interpretation! 旁听席上,苏大妈在拿着笔记本不断地记着,这可是以案释法的经典！ Finally, the forensic argument ended, Li Xusheng announced the adjournment, the collegiate bench started to appraise. 终于,法庭辩论结束,李虚生宣布了休庭,合议庭开始评议。 Probably after a half hour, holds court, the collegiate bench judged in court! 大概半个小时后,重新开庭,合议庭当庭宣判！ „This institute thinks that...... according to Protection of Consumer Rights, the code civil...... the ruling is as follows:” “本院认为……依照消费者权益保护法,民法典……判决如下:” Returns the corps or delegation expense 9600 Yuan, in addition three times of compensations and compensations for damage, more than 40,000, one point of many. 退还团费九千六百元,加上三倍赔偿和精神损害赔偿,四万多,一分不少。 This makes side Dazhuang feel a little accidental/surprised, because according to him experienced, this type of case, his here evidence is actually not completely complete evidence chain. 这让方大状都觉得有点意外,因为按照他原本的经验,这种类型的案子,他这边的证据其实也不是完全完整的证据链。 Therefore generally will conduct to use judgment to rule, uses judgment two characters to remember, must test, this is manifestation of judge discretionary power, particularly without stipulation concrete computation amount. 所以一般都会进行酌情判决,酌情两个字记住,要考的,这是法官自由裁量权的体现,尤其是在没有规定具体计算金额的时候。 However is also good, is better compared with the imagination, this case, completed finally, violation compensation and compensation for damage, this is the utilization of new code civil stipulation! 不过也不错,比想象中要好,这个案子,总算是做完了,违约赔偿和精神损害赔偿,这是新民法典规定的运用！ Rules, Huo Pengfei telephones, immediately made the appeal in court! 判决下来,霍鹏飞打了个电话,随即当庭提起上诉！ Made the appeal, this was others' right, Zhou resolute will not say anything, just, had the first trial written judgment, in addition these materials, own below has been able to do! 是否提起上诉,这是别人的权利,周毅不会多说什么,只不过呢,有了一审判决书,再加上之前的那些素材,自己的下已经可以做出来了！ This issue of video, a little will be long, does not know that what influence when the time comes will have, Zhou resolute anticipated very much. 这期视频,会有点长呢,也不知道到时候会造成什么样的影响,周毅很期待。 This time event, his Zhou resolute is only one buys the soy sauce, acts the leading role, but Zhao! 这次的事件,他周毅只是一个打酱油的,主演可是赵总呢！ Waited till the evening, that side the company cutting the good preview sent. 等到了晚上,公司那边已经把剪好的样片发了过来。 Knocked the microphone, Zhou resolute started to dub! 敲了敲话筒,周毅开始配音！ „Fellow dear audience masters everyone's good, I am your old friend resolute......” “各位亲爱的观众老爷们大家好,我是你们的老朋友阿毅……” Yesterday this morning wetting one's whistle chapter, good morning, asked for leave to invite too should not 今天早上的润喉章,大家早上好哇,昨天请假请的太不应该了 Thank naihe , niaraeth , arctan, the person who the driver who never drove, waited for the darkness, another novice, thank everyone's hitting to enjoy, today Polish eruption. 感谢naihe,niaraeth,arctan,从不开车的司机,等天黑的人,又一个新手,感谢大家的打赏,今天来波爆发哦。 ( This chapter ends) (本章完)