Chapter 288 that breaks off well pulls breaks off pulls 第288章那就好好掰扯掰扯吧 Zhou resolute felt the halo of system starts to work, how to select to go, this person was so hot tempered, has not been educated what's the matter. 周毅感觉是不是系统的光环又开始工作了,怎么点个外卖,这人都这么暴躁,是没有接受过教育还是怎么回事。 He only planned made the opposite party compensate dozens to be similar, but has a look now, can this right and wrong compensate 1000 to be satisfactory? 原本他是只打算让对方赔个几十块就差不多了,但是现在看看,这位是非得赔一千块才满意？ Strange, but is not strange, the opposite party always stipulates to take that platform, went to that to insure anything by oneself, but, this why your food has problems, must make me go to these. 奇怪,但也不奇怪,对方总是把那个平台规定拿出来,让自己去点那个保险什么的,但是,这凭什么你的饭出了问题,要让我自己去点那些呢。 Has the platform yes right, food that but I buy from your there, now has problems, definitely looks for you directly. 有平台是没错,但我是从你那里买的食物,现在出了问题,肯定是直接找你呢。 That present what to do, or first looks for the small blue customer service? 那现在怎么办,要不先找一下小蓝的客服？ But before had had similar experience, no matter degree, flatter yellow also or is small blue, the matter of its customer service in regarding stipulation, quick of processing. 可是之前有过类似的经验,不管是程度,还是阿黄亦或者是小蓝,其客服对于规定内的事,处理的都很快。 For example you suit going delivering slow, that simple, a traffic ticket got down, gives you full many reduce many ticket while convenient again. 比如伱投诉外卖员送的慢,那简单,一个罚单就下去了,顺便再给你一个满多少减多少的券。 Does not need the platform to disburse money in any case, this ticket, makes the business pay finally. 反正又不用平台出钱,这个券,最后还是让商家买单的。 The fine also punished going, inside and outside in the platform gains directly turns. 罚款也是罚了外卖员,里外里平台直接赚翻。 Zhou resolute kills regarding the previous big data in any case does ripe that did not regret greatly, these platforms do these disgusting matters, really should not be too many. 反正周毅对于上次大数据杀熟搞那么大一点都不后悔,就这些平台搞得这些恶心事,真的不要太多。 What to do Zhou in hesitates, finally in the meantime, WeChat resounded the prompt sound, takes up to come to see, discovered that some people increase the good friend, the note is that spicy hotpot shop. 周某人这边还在犹豫怎么办,结果就在此时,微信响起了提示音,拿起来看看,发现有人添加自己好友,备注是那个麻辣烫店。 Was this conscience discovery? 诶,这是良心发现了？ Zhou resolute clicks on the determination, increases the opposite party good friend, finally has not waited for the speech, the opposite sends several screenshots. 周毅点击确定,添加对方好友,结果还没等说话呢,对面就发过来好几张截图。 This is anything, brings curiously, Zhou resolute starts to read these screenshots. 这又是什么东西,带着好奇,周毅开始看那些截图。 Along with even discovered, this should be dialogue between that spicy hotpot bosses and small blue custom services. 随即便发现,这应该是那个麻辣烫老板和小蓝客服之间的对话。 Therefore, oneself have not gone to look for the customer service, did the opposite party first look for the customer service? 所以,自己还没去找客服呢,对方先去找客服了？ Talked to read completely that screenshot, was very simple, was that boss and customer service said that sued him! 将那截图对话全部看完,很简单,就是那老板和客服说投诉他！ Is right, the boss first sued him directly, the beforehand that three times of compensations really stimulated to him probably, first started with the customer service suit. 是的没错,那老板直接先投诉他了,之前的那个三倍赔偿好像真的刺激到他了,以至于先开始和客服投诉。 Said that is some customers discovers in now food the fly, then took three times of compensations with him. 说是现在有客户发现食物中出了苍蝇,然后和他要三倍赔偿。 The answer of that customer service is, you run into such customer, makes he himself relate with the consumer customer service. 那个客服的答复就是,您遇到这样的顾客,就让他自己跟消费者客服联系吧。 Here must explain, the shop owner customer service and consumer customer service are different. 这里就要说明,店家客服和消费者客服是不一样的。 The words of that customer service were saying, if the opposite party is not willing to accept to feel relieved to eat the insurance, that makes him look for consumer here customer service. 那个客服的话就是在说,如果对方不愿意接受放心吃保险,那就让他去找消费者这边的客服。 First did not say other, this screenshot makes Zhou feel that directly the anger a little rises, this meaning wants saying that you look for the customer service casually, does not have the result in any case! 先不说别的,这截图直接就让周某人感觉火气有点上升,这意思就是想说,你随便去找客服,反正没结果！ Afterwards, that boss sent in a voice. 完了之后,那个老板又发来了一条语音。 „Yourself looked that this matter and I had not related, you do not go to the point to feel relieved to eat the insurance, that is your own matter.” “你自己看吧,这件事和我没关系了,你不去点放心吃保险,那是你自己的事。” What thing? Zhou resolute now is a little speechless, is I have the issue is you have the issue, said that after opposite party was used to have the problem, makes consumer solve through the insurance? 啥玩意？周毅现在都有点无语了,是我有问题还是你有问题,还是说对方习惯了出现问题后让消费者自己通过保险来解决？ To be honest, Zhou resolute is disliked troublesome does not want, but since this, that...... sues. 说实话,原本呢周毅是嫌麻烦不想点,但既然这样,那就……投诉走起呗。 Now many platforms promote this and that insurance, telling the facts, this is a good thing. 现在很多平台都推出了这样那样的保险,实话实说,这是个好东西。 Had any problem, naturally had the insurance company. 出现任何问题了,自然有保险公司在。 However, they forgot a matter probably, having the problem must look for the insurance, should be you looks for the insurance, because another side is a consumer. 但是,他们好像忘了一件事,出现问题要找保险,也应该是你们来找保险吧,因为另一边是消费者。 Even this process is simple, will still be you do, what the consumer that side wants is the direct compensation! 就算是这个过程再简单,也应该是你们来做的,消费者那边要的是直接赔偿！ But slowly, because everyone is thinking „considers as finished is not easy”, therefore had the problem to make to insure these on own initiative, making people think that this matter should manage! 可是慢慢的,因为大家都想着“算了都不容易”,所以出现问题了都主动去弄保险这些,让人都觉得这事就应该这么办！ Moreover insures to compensate many, this really did not say, will be is equivalent should reduce by the amount of law compensation directly. 而且保险能赔多少,这个真的不好说,更是相当于将原本应该按照法律规定赔偿的数额直接降低了。 Originally according to Zhou resolute temperament, this little while he already in court, but lived recently is too easy and comfortable, therefore is really disinclined the running court. 原本按照周毅的脾气,这会儿他已经在法院了,但是最近生活太安逸,所以实在懒得跑法院。 Even the supervisory department is disinclined to run, therefore thinks, found a 12315 script in WeChat, then conducted the suit above. 甚至连监管部门都懒得跑,所以想了想,在微信里找到了一个12315的小程序,然后在上面进行了投诉。 The evidence of suit is the picture that before shot. 投诉的证据就是之前拍的照片。 The core viewpoint is, I ate the fly in food, but the business only agreed reassurance that the platform stipulated ate the insurance adjustment, I want to conduct the claim actually to be rejected according to the amount that the food safety law stipulated that expressed that only acknowledged went the platform rule, and also sued my legitimate demand to the customer service. 核心观点就是,我在食物里吃出了苍蝇,但是商家只同意平台规定的放心吃保险进行理赔,我想根据食品安全法规定的数额进行索赔却被拒绝,表示只承认外卖平台规则,并且还向客服投诉我的合法诉求。 Then was his demand, according to ten times compensated, because of less than 1000 Yuan, must therefore calculate according to 1000 Yuan! 然后就是他的诉求了,按照十倍来赔偿,因为不足一千元,所以要按照一千元来计算！ Sued, finished up. 投诉了,完事。 This is many people after the method that coming across the issue can use, the online suit, or is the telephone complaint. 这就是很多人在遇到问题后都会采用的手段,网上投诉,或者是电话投诉。 As a rule, such carries big pile of material evidence to run to go to the scene with Zhou to sue directly, that is really few. 通常来说,和周某人那样拎着一大堆材料证据直接跑去现场投诉的,那是真的少。 After Zhou resolute sued, has not managed again , this online suit, the time of processing will be quite unsurprisingly long. 周毅投诉了之后也就没再管了,不出意外,这种网上投诉,处理的时间会比较长。 He this period of time and side Dazhuang Zhou Cainiao crosses together natural, really does not want to be affected the mood. 他这段时间和方大状周菜鸟一起过得很潇洒,实在不想被影响心情。 Moreover regarding such situation, how he does not want too earnest, online suit, meaning, making that boss accept to educate on the line. 而且对于这样的情况,他也不想太怎么较真,网上投诉一下,意思一下,让那个老板接受一下教育就行了。 Zhou started the life of leading a befuddled life as if drunk or dreaming, this weather slowly has transferred coolly, according to the normal condition, Jingzhou must start the heating. 周某人又开始了醉生梦死的生活,这慢慢的天气已经转凉,按照正常情况,京州要开始供暖了。 The heating, regarding the northern area is the important matter in important matter! 供暖,对于北方地区来说是大事中的大事！ Warm air thing, only then has used the talent knows that crisp, but was cold the south to winter that share, can make the person soul paralysis. 暖气这东西,只有用过的才会知道到底有多爽,而南方到了冬天那股子冷,能让人灵魂麻痹。 This year moves, therefore Zhou resolute planned that and Grandma willow asks, looked how this heating fee hands over, as well as old times heating situation how. 今年搬进来的,所以周毅打算去和柳奶奶问问,看这个取暖费怎么交,以及往年的供暖情况如何。 Tidied up, was preparing to go out, finally the cell phone made a sound, put through one hear, the opposite party said that was the small blue customer service. 收拾好了,正准备出门,结果手机响了,接通一听,对方自称是小蓝的客服。 Said because he sued, therefore they telephone to solve the problem. 说因为他投诉了,所以他们打电话过来解决一下问题。 „That mister, this we can only say with you, our platform has the stipulation, having problems is to compensate according to the insurance, your so-called ten times of reclamations, this really does not conform to the stipulation......” “那个先生,这个我们只能和您说,咱们平台是有规定的,出了问题是要按照保险来赔偿的,您那个所谓的十倍赔偿要求,这真的不符合规定……” Has experienced the baptism of major companies, Zhou resolute now already not because this minor matter lost one's temper. 经历过了各大公司的洗礼,周毅现在早已经不会因为这点小事动怒了。 The platform stipulated, this is in many situations you a few words that goes to the rights protection to meet. 平台规定,这是很多情况下你去维权都会遇到的一句话。 Here stipulated that does not raise your stipulation quite the same as is illegal! 我们这里就是这么规定的,浑然不提你这规定是不是违法！ By coincidence, Zhou most is good at doing, is the most earnest point, is your stipulations. 偏巧,周某人最擅长做的,也就是最较真的一点,就是你们的规定。 Who said that you stipulated must listen, that stipulates right, cannot change! 谁说你们规定了就得听,那规定不对,就得改！ Or you can ask the degree, after all flatter yellow and you small blue previous time are the lying down spear/gun , the more hapless fellows, that was all right. 要不你可以问问程度,毕竟阿黄和你们小蓝上次属于躺枪的,哦还有一个更倒霉的家伙啊,那没事了。 „I asked you, was your platform stipulates in a big way, was the law is big, doesn't the face most basic principle of legality that your made the customer service know? The high-rank law is higher than the low-rank law, the special law is better than the common law, when can the stipulation of your platform dominate above the law?” “我问你,是你们平台规定大,还是法律大,你一个做客服的脸最基本的法律原则都不知道？上位法高于下位法,特殊法优于普通法,什么时候你们平台的规定都可以凌驾于法律之上了？” „If defers to your stipulations, what that also does want the food safety law to make?” “如果都按照你们的规定,那还要食品安全法做什么？” Hears the opposite party also to plan to deceive probably, Zhou resolute had said directly: „Ok, you do not need saying that I also know that you have no power . Moreover the relations of this matter and platform are not big.” 听到对方好像还打算糊弄,周毅已经直接道:“好了,你不需要去说了,我也知道你没什么权力,而且这件事和平台的关系也没那么大。” „I will continue to report that please feel relieved.” “我会继续举报的,请你放心。” Then, Zhou resolute made the telephone call directly, this closes your customer service trifling thing, I reported that is also the business of reporting. 说完,周毅直接挂了电话,这关你客服屁事,我举报也是举报的商家。 Opens the script to have a look at the progress , had arrived at Jingzhou Guangming District Market Supervision bureau. 打开小程序看看进度,果然,已经到了京州市光明区市场监管局。 The procedure/program is the same procedure/program, goes to the market regulation department of Guangming District to report directly, the advantage, can directly solve the problem, quick. 程序还是一样的程序,直接去光明区的市场监管部门举报,就有一个好处,可以直接的解决问题,很快。 The online reporting, you must first wait for this matter from the above reporting platform, next arrives in Guangming District layer by layer, then takes over by Guangming District. 网上举报嘛,你就得先等着这个事从上面的举报平台,一层一层下到光明区,然后再由光明区进行接手。 First goes to Grandma willow the family/home, it is estimated that ended is the telephone of supervisory department, or was the telephone of that boss. 先去柳奶奶家吧,估计完了就是监管部门的电话,或者是那个老板的电话了。 Took something, on Zhou resolute 17 buildings, sounded Grandma willow the gate of family/home. 提上了一些东西,周毅上到了十七楼,敲响了柳奶奶家的门。 Also looked while convenient new neighbor in own building, since the opposite party moves, has seen actually such several times, probably the family of three, the noise has no noise actually. 顺便还看了看自己楼上的新邻居,自从对方搬来后倒是见过那么几次,好像是一家三口,噪音倒是没什么噪音。 The gate opened, Grandma willow has a look toward outside, immediately smiled: „Zhou resolute? Hurries, hurries.” 门开了,柳奶奶向着外面看看,顿时笑了:“周毅？赶紧进来,赶紧进来。” Zhou resolute comes to have a look casually, immediately discovered some bewildered things. 周毅进来随便看看,顿时发现了一些莫名其妙的东西。 For example what waistband, for example what shoe pad, some strange medicines, naturally, perhaps are the healthy products. 比如什么腰带,比如什么鞋垫,还有一些奇怪的药,当然,或许是保健品吧。 Has a look on the sofa again, a miss stood, on the face has the smile, is previous time in the elevator has seen that miss, looks at this situation, probably walks with Grandma willow unusual is near. 再看看沙发上,一个姑娘站了起来,脸上带着笑容,是上次在电梯里见到过的那个姑娘,看这情况,好像和柳奶奶走的非常近。 „Comes, do belt/bring these things do, hurry to sit.” “来就来吧,带这些东西干嘛,赶紧坐。” Grandma willow said that pointed around miss saying: „This is Wang Rui, is that...... that what company, lets me experience their product.” 柳奶奶说完了又指着旁边的姑娘道:“这个是王瑞,是那个……那个什么公司的,来让我体验一下她们的产品。” „, Hello.” Zhou resolute puts out a hand. “哦,你好。”周毅伸出了手。 Wang Rui also rushes to put out a hand, be with smile on the face. 王瑞也赶忙伸出了手,面带笑容。 „Does this week your of always I hadn't had business I wouldn't have come, what matter have?” Grandma willow teased. “你这周总是无事不登三宝殿啊,有什么事吗？”柳奶奶打趣道。 Zhou resolute looked at that Wang Rui, immediately said: „This do not immediately start the heating, I want to ask where your our heating fee hands over, what standard?” 周毅看了看那个王瑞,随即说道:“这不是马上要开始供暖了嘛,我想问问您咱们的取暖费在哪里交,什么标准？” „, This, in our community goes out near the left hand, probably one kilometer place, has the site of heating company, you take the certificate of title to go to there to bind, then can hand over directly.” “哦,这个啊,就在咱们小区出门左手边,大概一公里的地方,有个供热公司的站点,你拿着产权证书去那里绑定一下,然后就能直接交了。” „Standard, our Jingzhou is a standard, as before.” “标准嘛,咱们京州都是一个标准,和以前一样。” Zhou resolute nods saying: „Then on the line, thanked Grandma willow.” 周毅点点头道:“那就行,谢谢了柳奶奶。” „Was right, Miss king, what company are you are coming?” “诶对了,王小姐,你是什么公司来着？” Wang Rui hurries saying: „Our company appeals to heaven the company, the company makes old people's some healthy products specially, in your family/home has old person's words also to us to introduce.” 王瑞赶紧说道:“我们公司叫天成公司,公司专门做老人们的一些保健品,您家里有老人的话也可以给我们介绍。” „Good good.” Zhou Yizheng planned to say anything, cell phone loud. “哦好的好的。”周毅正打算说什么,手机又响了。 „Grandma willow, I first walked, you are busy.” “那柳奶奶,我先走了,你们忙。” Left Grandma willow the family/home, Zhou resolute a little doubt, this Wang Rui should be the sale of that anything as if made by Heaven Corporation, sells healthy product type. 离开了柳奶奶家,周毅有点狐疑,这个王瑞应该就是那什么天成公司的销售吧,销售保健品这种。 The old person healthy product, was known as that with the thing that the cosmetics cosmeceutical of woman same makes money! 老人保健品,号称是和女人的化妆品保养品一样赚钱的东西！ First answers the telephone. 还是先接电话吧。 „Hey hello/you good, is Mr. Zhou, I am the Guangming District market administration, then I ask you to know the situation.” “喂你好,是周先生吧,我是光明区市场监督管理局的,然后我找您了解一下情况。” The speed is good, Zhou resolute said: „Un is I, you looked what wants to know?” 诶,速度还不错,周毅说道:“嗯是我,你看有什么想知道的呢？” „Mr. Zhou, three days ago you sued a shop on 12315 scripts, said that ate the fly in the food of their family/home was right, then, my here looked at your evidence, only then that picture, then this little issue.” “周先生,三天前您在12315小程序上投诉了一家店,说在他们家的饭里面吃出了苍蝇对吧,然后呢,我这边看您的证据只有那个照片,那么这就有点问题。” „Your evidence is not very ample, because now pure by your evidence, is unable to show that said this fly is in the food it has, naturally, I am not suspecting you intentionally, but said, your is not proven, proof effort not too enough.” “您的证据不够充分,因为现在就单纯以您的证据,无法证明说这个苍蝇就是饭里面本身有的,当然,我不是在怀疑您故意,而是说,您的证据不足,证明力度不太够。” Opposite little elder brother said is very polite, Zhou resolute also said was a little blurry, that beforehand week rookies told him, should not be worried that evidence was enough. 对面的小哥说的很客气,周毅也被说的有点迷糊了,那之前周菜鸟告诉他,不要担心,那个证据就足够了。 Moreover this little while Zhou resolute is a little also curious, that if so, the average person is unable in this aspect rights protection. 而且这会儿周毅也有点好奇,那如果是这样的话,一般人根本无法在这方面维权吧。 „Comrade, the meaning that you wait/etc, you said was my food opened, then only then had fly that picture in was right, was the comrade, our by universal rationality, no one was possible to eat meal also shoots the opening a box video, that was not realistic.” “同志,你等等啊,你说的意思就是我那个饭打开了,然后只有在里面有苍蝇那张照片对吧,可是同志,咱们就以普遍理性而言,谁也不可能吃个饭还拍个开箱视频吧,那不现实。” „Moreover in the family/home has not installed the camera, evidence that this you said that I think that few individuals can take.” “而且家里面也没有装摄像头,这个你说的证据,我认为没几个人能拿出来吧。” Initially had not ascertained with the week rookies, therefore Zhou resolute does not know that had anything to stipulate specifically. 当初没有和周菜鸟问清楚,所以周毅不知道具体有什么规定。 But he uses the simplest logic to understand that this matter, does not feel realistically. 但他用最朴素的逻辑来理解这个事,就觉得不现实。 If is really this, that went this domain not to have the means rights protection, in the shop was but actually good, currently generally speaking has the monitoring. 如果真的是这样,那外卖这个领域就没办法维权了,店里面倒还好,现在一般来说都有监控。 „This issue I do not have the means that Mr. Zhou, I must say with you, you looked at you, since can say these words, explained that you also know a law, our know that who advocated who presents evidence, you advocated that said in the food of opposite party has the fly, you must produce enough evidence to come.” “这个问题我也没办法,周先生,我得和您说一下,您看您既然能说出这些话,就说明你也懂点法,咱们这个都知道的,谁主张谁举证,您主张说对方的饭里面有苍蝇,您得拿出足够的证据来。” What to do this...... Zhou resolute did not know. 这……周毅不知道咋办了。 „That comrade, you looked that can first wait, I always felt not this, or I ask the attorney friend to ask that ended returned the call to you?” “那个同志,您看能不能先等等,我总感觉不是这样的,要不我去找个律师朋友问问吧,完了给您回电话可以吗？” Opposite little elder brother silent, it is estimated that has not thought Zhou resolute will say, but complied. 对面的小哥沉默了一下,估计是没想到周毅会这么说,不过还是答应了下来。 Made the telephone call, Zhou resolute dialed side Dazhuang the telephone nonstop. 挂了电话,周毅马不停蹄地就拨通了方大状的电话。 At this time was side Dazhuang was certainly credible . Moreover the key was Zhou resolute also wants to clarify this issue. 这个时候当然是方大状靠谱了,而且关键是周毅也想弄清楚这个问题。 Said reporting to bring a lawsuit, the legal way, the premises of these matters are the fixed evidence! 都说举报打官司,法律途径,这些事的前提都是固定证据！ When according to the normal condition, the evidence is not quite easy to be fixed, what to do? 那么按照正常情况,证据不太容易固定之时,怎么办呢？ Before saying eats meal each time, records the opening a box video? 还是说每次吃个饭前都录个开箱视频？ That is not really realistic. 那真的不现实。 The telephone dials, side Dazhuang has not spoken, Zhou resolute has opened the mouth saying: „side Dazhuang, paid consultation.” 电话拨通,方大状还没说话呢,周毅已经开口道:“方大状,有偿咨询。” „Good, said the issue.” “好,说问题。” Zhou resolute hurried to say the beforehand doubts, then asked: „side Dazhuang, you always says before, who advocated who presents evidence, what to do then encounters such situation should?” 周毅赶紧将之前的疑惑说了出来,然后问道:“方大状,你们之前总是说,谁主张谁举证,那么遇到这样的情况该咋办呢？” „Who advocated who presents evidence, this is the provision of civil procedure law.” A side Dazhuang face in law firm said with ease: „But, did not mean that whom all civil disputes must use to advocate principle that who presents evidence.” “谁主张谁举证,这是民事诉讼法的规定。”律所内的方大状一脸轻松道:“但是吧,并不是说所有的民事纠纷都必须使用谁主张谁举证的原则。” „In legal practice, particularly the dispute of consumer and in seller, consumer in natural weak side, therefore the Supreme Court also has the related judicial interpretation.” “在法律实践中,尤其是消费者和卖家的纠纷中,消费者处于天然的弱势方,所以最高法也有相关的司法解释。” „That is, who advocated after who presents evidence, except otherwise stipulated by law.” “那就是,谁主张谁举证之后,法律另有规定的除外。” „However we in the lawsuit present evidence, similarly has many principles, for example conversion of onus probandi principle, for example onus probandi branch philosophy wait/etc,” “而我们在诉讼举证中,同样有着很多的原则,比如举证责任倒置原则,比如举证责任转移原则等等,” side Dazhuang started the related explanation, Zhou resolute also listens is very earnest. 方大状开始了相关的解释,周毅也听的很认真。 Really, he contacts these things for the first time, this lets think the law also the heart falls to the ground on such Zhou that is fluttering. 真的算起来,他还是第一次接触到这些东西,这让原本以为法律也就那样的周某人那颗飘着的心又落地了。 The law is very tedious, this is why many attorneys will say oneself understand not many. 法律是真的很繁琐,这就是为什么很多律师都会说自己懂得不多。 „Particularly the domain of consumer activism, our new Protection of Consumer Rights has the relevant provision, regarding some durable goods or is the service, its slight defect proof responsibility, is suitable for the conversion of onus probandi principle.” “尤其是消费者维权的领域,咱们新出台的消费者权益保护法里就有相关规定,对于一些耐用品或者是服务,其瑕疵证明责任,就适用举证责任倒置原则。” For example you buy a computer, if this computer presented the slight defect, affects to use, then the responsibility division presented the dispute, the opposite party said that this is you made. 比如你买一台电脑,如果这台电脑出现了瑕疵,影响使用,然后责任划分出现了争议,对方说这是你弄得。 In such a case, you do not need to show, on the contrary, needs the opposite party to prove them, when sells this computer to you, on this computer does not have this slight defect. 那么在这样的情况下,你不需要去证明,相反,需要对方去证明他们在给你卖这个电脑的时候,这电脑上没有这个瑕疵。 This is the conversion of onus probandi. 这就是举证责任倒置。 Likewise, the onus probandi shifts is also the same. 同理,举证责任转移也是一样的。 „This aspect, the Supreme Court has about the stipulations of trying food drugs dispute case applicable legislation certain issues , after consumer ‚preliminary proof harm and edible food or use drugs has causal relation’, the producer and distributor of food and drugs need to show, its harm does not conform to the quality standard to create because of its product.” “这方面,最高法关于审理食品药品纠纷案件适用法律若干问题的规定中就有,消费者‘初步证明损害与食用食品或者使用药品存在因果关系’后,食品、药品的生产者、销售者就需要证明,其损害不是因其产品不符合质量标准造成。” The volume...... Zhou fainted again. 额……周某人再次晕了。 „The logical expression is, puts in your case, you ate in inside were meeting the fly, ending the opposite party said that was not made, that he showed that that fly was not made, no matter intentionally error.” “说人话就是,放你这个案子里,你在里面吃着遇到了苍蝇,完了对方说不是自己弄得,那就得他来证明,那苍蝇不是自己弄得,不管是故意还是过失。” This is the onus probandi shift. 这就是举证责任转移。 Cannot say that is having the time two sides of dispute to break off mutually pulls, either , either neither , neither, must have regulation that solves the problem, this is the regulation. 不能说在发生纠纷的时候两边互相掰扯,公说公有理婆说婆有理,总得有个解决问题的章程,这就是章程。 Why this stipulations, because the food drugs are very special, to what situation, you buy other things specially, the knowing fake and buying fake ended asked for money likely is referred to as extorts! 为什么会有这规定,因为食品药品很特殊,特殊到什么地步,你买其他的东西,知假买假完了要钱很可能被认定为敲诈勒索！ However the food drugs are exceptional, this similarly in „stipulation”. 但是食品药品是例外的,这同样在“规定”内。 In other words, regarding the food drugs, the knowing fake and buying fake, does not think that extorts! 也就是说,对于食品药品,知假买假,不认为是敲诈勒索！ Opens a shop to sell to eat, is not always that simple, the food drugs, the relations were too big. 开店卖吃的,从来都不是那么简单,食品药品,关系太大了。 „Line understood, I first hung!” “行明白了,那我先挂了！” Made side Dazhuang the telephone call, Zhou resolute hurried to dial that little elder brother's telephone, all our under the law to stipulate. 挂了方大状的电话,周毅赶紧拨通了那个小哥的电话,咱们一切都按照法律规定来。 Yesterday has prepared in the family/home to write for day, finally had/left an accident/surprise, solved to this afternoon, therefore the renewal was short, but fortunately, this was 5000 character big chapters, today should also the chapter, end and other me to look to ask for leave tomorrow, exploded again for two days to everyone, made up. 昨天已经准备家里写一天的,结果出了点意外,一直到今天下午才解决,所以更新少了很多,不过还好吧,这是五千字大章,今天应该还有一章,完了等明天我看请个假,给大家再爆两天,补上。 Hits to enjoy thanks to put down one chapter. 打赏感谢放下一章。 Legal theory these, are the single opinion, discovered after the case of retrieval many consumer dispute, some ruling were suitable for the onus probandi shifting, some were not, the discretionary power, everyone had a look in any case for the time being, but law anything real. 法律理论这些,都是一家之言,经过检索很多消费者纠纷的案件发现,有的判决适用了举证责任转移,有的则不是,自由裁量权嘛,反正大家姑且看看,但是法条什么的都是真的。 ( This chapter ends) (本章完)