Chapter 318 has you not to look 第318章早就有了你们自己不看 „By case interpretation”, before side Dazhuang, has done that. “以案释法”,方大状以前搞过的那种。 Although we are not the case-laws, but is the written law, but is not meaningful regarding the judicial decision on behalf of the legal precedent. 我们虽然不是判例法而是成文法,但并不代表判例对于司法判决就没有任何意义。 No one has thought that when the public opinion boiled such situation, Guangming District Court has not spoken, is the Supreme Court will stand to report such news on the contrary. 谁也没想到,在舆论沸腾到了这样的地步之时,光明区法院没说话,反倒是最高法会站出来发这么消息。 Naturally, the Supreme Court does not send this case alone, the Supreme Court „by case interpretation” classical case, each issue will do, moreover regarding selection of case, will not rigidly adhere to the time, probably this issue, the case has three. 当然,最高法并不是单独发这一个案例的,最高法“以案释法”经典案例,每一期都会做,而且对于案例的选用,并不会拘泥于时间,像是这一期,案例就有三个之多。 And first is Zhou resolute and GE pays expenses the case of advanced selection and broadcast, second has a case that side Hannan, similarly belongs to the utilization of code civil new provision. 其中第一个是周毅和奇异公司付费超前点播的案件,第二个则是发生在汉南那边的一个案例,同样属于对民法典新增条款的运用。 Also was denounced by many people in the past „did not receive money to go by car the accident also to compensate this issue in full”. 也就是在过去被很多人诟病的“不收钱让人坐车出了事故还得全额赔”这个问题。 Many person most directly simplest understanding are, I stemming from good intention, therefore makes him travel by vehicle, finally now has the traffic accident, I lose am also very big, but can also compensate his money in full? 很多人最直接最朴素的理解就是,我是出于好心,所以让他搭车呢,结果现在出了车祸,我自己损失也很大,还得全额赔他钱？ How this wants not to feel right. 这怎么想都觉得不对。 But in the new code civil increased „good intention with riding” relevant provision. 而新的民法典里就新增了“好意同乘”的相关规定。 „Non- operating vehicle has the traffic accident to create travels by the person to harm free of charge, is this vehicle side responsibility, must reduce its liability of compensation, but the vehicle user has intentionally or exception of gross negligence.” “非营运机动车发生交通事故造成无偿搭乘人损害,属于该机动车一方责任的,应当减轻其赔偿责任,但是机动车使用人有故意或者重大过失的除外。” This stipulation, determined from the legislation directly „good intention with riding” has the liability of compensation after accident. 这条规定,从立法上直接确定了“好意同乘”发生事故后的赔偿责任。 However here must pay attention, is „must reduce” rather than „must not compensate”, you reimburse must compensate, but does not need to compensate, can reduce. 但是这里要注意,是“应当减轻”而不是“应当不赔”,你赔还是得赔的,但是不需要都赔,可以减轻。 But this time just that side Hannan had such event, across the country is the first time, therefore was sent by the Supreme Court, as „by case interpretation” classical case. 而这次刚好汉南那边发生了这样的事件,在全国范围内都是第一次,所以被最高法发了出来,作为“以案释法”经典案例。 As for third, that is the divorce case of king Wucheng, similarly is also the code civil after the conjugal family stipulated revises is suitable most newly! 至于第三个,那就是王武城的这个离婚案件,同样也是民法典对于婚姻家庭规定修改之后的最新适用！ In the words of Supreme Court, the above-mentioned plan is „marital guilty party compensation case”, in the past, in marriage, even if there is side of mistake, when divorce is not big regarding the influence of property division, even can say, basically does not have any influence. 用最高法的话说,该案是首起“婚姻过错方赔偿案”,在过去呢,婚姻中哪怕是有过错的一方,离婚之时对于财产分割的影响也不大,甚至可以说,基本上没有什么影响。 Naturally some words actually cases that you must assert, for example commits the bigamy, when with situation that others live together and so on, may have some compensations for damage. 当然你要硬说的话其实还是有一些案例的,比如犯有重婚罪,与他人同居之类的情况之时,或许会有一些精神损害赔偿。 Not to mention in this evidence collection can difficult, solely said that the bigamy or lives together with others, this situation you were very difficult to say. 且不说这里面证据收集会有多难,单单就说重婚或者与他人同居,这种情况你真的很难说。 Because we know, goes off track the adultery one-night stand patronizing prostitutes violent and so on, is actually in the marriage presents issue most reasons. 因为我们都知道,出轨通奸一夜情嫖娼家暴之类的,其实才是婚姻中出现问题最多的原因。 This also lets a point that many people denounce, said ancient times, that committed adultery anything's discovery to soak the pig cage, the modern society, various types went off track, how ends the property to divide unexpectedly how divides, like this really unreasonable! 这也是让很多人诟病的一点,说古时候吧,那通奸什么的发现了要浸猪笼,现代社会,各种出轨,完了居然财产该怎么分就怎么分,这样子真的没道理！ Moreover pays attention, here said is also the compensation for damage, because in the initial marriage smoke law and related judicial interpretation have not stipulated guilty party few minute/share of properties. 而且注意,这里说的也是精神损害赔偿,因为当初的婚烟法和相关的司法解释中并没有规定过错方就会少分财产。 However new code civil conjugal family had the new stipulation, the guilty party did not say leaves home with only their clothes on their backs, really few minute/share of many properties. 但是新的民法典婚姻家庭方面就有了新规定,过错方不说净身出户,是真的会少分很多财产的。 Saw that here you can understand, the Supreme Court will not go to manage noisily your, others carry to treat as this case by the key point of case interpretation classical case are the guilty party, rather than recognizing of what family/home violent. 看到这里伱就能明白,最高法是不会去管你那点吵闹的,人家把这个案子拎出来当做以案释法经典案例的重点是过错方,而不是什么家暴的认定。 Regarding recognizing of family/home violent, that has the special law, can say that this is hangs „domestic abuse” in a law that the people on mouth will not look, also several years ago issued that counter- domestic abuse law! 对于家暴的认定,那有着专门的法律,可以说这是很多把“家庭暴力”挂在嘴上的人都不怎么会去看的一部法律,也就是在几年前发布的,反家庭暴力法！ Here faces in anything is the family/home violent has the detailed stipulation...... 这里面对于什么是家暴有详细的规定…… In such a case, reports such news, naturally made online these eat the melon people shocked. 在这样的情况下,将这样的消息发出来,自然就让网上这些吃瓜群众们惊呆了。 Especially in various great platform these people of belt/bring rhythm, after the short waiting, started to clash the account number of Supreme Court directly! 尤其是各大平台上带节奏的那些人,在短暂的等待之后,直接就开始冲最高法的账号了！ „Is this Supreme Court? Jumps the platform specially, I want to ask one, why you did not explain the key point of this matter, actually others girls where made the mistake, when the opposite party delivered the wages to be the family/home violent on own initiative, invited to explain directly!” “这就是最高法？专门跳出来站台是吧,我就想问一句,为什么你们不解释一下这个事的重点,人家那个姑娘究竟哪里做错了,什么时候对方主动上交工资都能是家暴了,请正面解释！” „Yes, invited to explain directly, rather than perfunctory the person with such specious words, we only wanted a truth, we only want to know how you recognized family/home violent, why this can be the family/home violent!” “是的,请正面解释,而不是用这样似是而非的话来敷衍人,我们只想要一个真相,我们只想知道你们到底是怎么认定家暴的,凭什么这就能是家暴！” „The father of that miss must be imprisoned now, land that the wicked flower blooms......” “那个姑娘的父亲现在也要坐牢了,恶之花绽放的土地……” „Invited to explain directly!” “请正面解释！” Behind is one long string „invited to explain directly”, seemed well-founded, our attention key points were the family/home storms, you are saying what thing. 后面都是一长串的“请正面解释”,看起来十分的有理有据,我们的关注重点是家暴,你们在说个什么玩意。 But probably Yuan elder sister such Zhou's audience master, in seeing the Supreme Court will make after the case interpretation is also compels ignorant. 而像是媛姐这样周某人的观众老爷,在看到最高法将以案释法弄出来后也是懵逼了。 „Fog grass, was the Supreme Court unexpectedly side Dazhuang Platform? Three by the case interpretation, inside have two is side Dazhuang the cases, is this strength of big shape?” “雾草,最高法居然为方大状站台了？三个以案释法,里面有俩都是方大状的案子,这就是大状的力量吗？” The Yuan elder sister has been shocked, naturally, her such audience master, has not gone to distinguish clearly key point of clear/pain both sides even carefully, can say, everyone reads the news, that comes to see according to own mood. 媛姐已经惊呆了,当然,就算是她这样的观众老爷,也没有去仔细分清楚双方的重点,可以说,大家看新闻,那都是按照自己的心情来看的。 So long as thinks to know, the Supreme Court, is really insufficient, because such trifling thing makes one to respond by the case interpretation specially, others really not that idle...... 但只要想一想就知道,最高法,真的不至于因为这么点屁事就专门弄一个以案释法来回应,人家真的没那么闲…… Then is quick, the Yuan elder sister was shocked, that group of people flushed the Supreme Court unexpectedly! 然后很快,媛姐就更震惊了,那帮人居然去冲最高法了！ Too exciting, was too exciting, before heard some fans for oneself love bean, can selling the azure group and opened these of hotel to give, saying was one „, even if you and entire world were enemies, we will support you”. 太刺激了,真的太刺激了,以前听说有的脑残粉为了自己的爱豆,可以把卖青团的和开饭店的这些都给冲了,挂在嘴边的就是一句“哪怕你与全世界为敌,我们都会支持你”。 At that time thought was very odd, the result has not thought that this also had a odder matter. 当时就觉得很离谱了,结果没想到这还有更离谱的事呢。 Jingzhou, summer Ziyan naturally also saw this news, similarly compels very much ignorant, she had found the outside attorney this period of time, but others heard the judgment of first instance 15 days, told her not to think directly. 京州,夏紫燕自然也看到了这个消息,同样很懵逼,她这段时间已经找到了外地的律师,只是人家一听说一审判决完都十五天了,直接告诉她别想了。 In the words of opposite party is, this written judgment became effective the young lady, even if you found the space again, that was impossible to give you to appeal again...... 用对方的话说就是,这判决书都生效了啊大小姐,你就算是再找到天上去,那也不可能再给你上诉…… At that time summer Ziyan also thought that surpassed 1-2 days to be all right, but also argued with the opposite party, finally others made the telephone call directly, did not bring to respond her. 当时夏紫燕还觉得超出个1-2应该没什么事,还和对方争辩,结果人家直接挂电话,根本不带搭理她的。 Do not smile, is the attorney or works as the beast of burden the person should in the court to be very clear, without the oddest litigant, be only a odder litigant, the lower limit in breaks through time and time again. 别笑,做律师或者在法院当牛马的人应该很明白,没有最离谱的当事人,只有更离谱的当事人,下限就是在一次又一次之中突破的。 Finally now, saw online these compared with she excited person, summer Ziyan is a little also worried probably. 结果现在,看到网上那些好像比她自己还激动的人,夏紫燕有点担心了。 She is not silly, is only the brain circuit is not a little normal, however in undergoing detention, after the father is facing the matter of sentence, she also realized the authority in court! 她并不是傻,只是脑回路有点不正常,但是在经过了拘留,父亲面临着判刑的事之后,她也认识到了法庭的权威！ Finally now, the Supreme Court coming out law popularization, was flushed by these people unexpectedly, moreover is flaunting her banner, frequently said that little elder sister is pitiful...... 结果现在,最高法出来普法,居然被那些人冲了,而且都是打着她的旗号,动辄就说那个小姐姐多么可怜…… But the key is, I have not been thinking now resists the Supreme Court! 可关键是,我现在并没有想着对抗最高法啊！ The nature, with „flushed the Supreme Court” such words to describe that their was shows due respect for the feelings, the Supreme Court will not manage such matter, the online well-known big shape were too many. 自然,用“冲了最高法”这样的话形容他们那是太给面子了,最高法根本不会管这样的事,网上的知名大状太多了。 For example named some „old side No. 13” the fellow stood directly, talked clearly this inside issue with very simple words. 比如某个叫“老方十三号”的家伙就直接站了出来,用非常简单的话语就将这里面的问题说清楚了。 „Pure passer-by, purely is unpleasing to the eyes, regarding recognizing of domestic abuse, we have the detailed stipulation, I do not understand in the situation of why in having the law stipulating, they must make the Supreme Court explain, this really does not need to explain obviously.” “纯路人,单纯看不顺眼,对于家庭暴力的认定,我们早就有了详细的规定,我不明白为什么在有法律规定的情况下,他们一定要让最高法解释,这很明显不需要解释。” „The key point of law popularization is the issue of guilty party property division, strategic place the person of Supreme Court, you do not think, own other half goes off track has an affair patronizing prostitutes the time can also as usual divide the property?” “普法的重点是过错方财产分割的问题,各位要冲了最高法的人,你们也不想以后自己的另一半出轨偷情嫖娼的时候还能照旧分财产吧？” This fellow is going against the given name of pure passer-by, the words that however said were pertinent, because this law popularization to whom better very obvious, in these circumstances your unexpectedly strategic place others? 这个家伙顶着纯路人的名号,但是说出来的话却一针见血,因为这普法对谁更好非常的明显,在这样的情况下你们居然要冲人家？ This impervious knew simply! 这简直就不可理喻了知道嘛！ Although this fellow is the pure passer-by, the words that but he spoke were too sharp, therefore in a short time, the heat degree starts to rise dramatically, the people who many before followed to clash saw, awakened instantaneously. 虽然这家伙是纯路人,但他说的话真的太犀利了,于是在很短的时间内,热度开始飙升,很多之前跟着冲的人都看到了,瞬间醒悟过来。 The demon, just worked one year of little Ai to type on the cell phone unceasingly. 魔都,刚刚工作一年的小艾正在手机上不断地打字。 She was the strategic place one of them of Supreme Court, was the faithful user of greatly green book, has chatted much with summer Ziyan. 她就是要冲了最高法的其中之一,也是大绿书的忠实用户,和夏紫燕还聊过不少。 Because of many reasons, causing the character to be very extreme. 因为很多的原因吧,导致性格很偏激。 She felt these elder sisters said is very right, did we need you to say this? We need you to translate the translation, anything treads the calling family/home violent of horse. 她就觉得那些姐姐们说的很对,我们需要你说这个？我们需要你来翻译翻译,什么踏马的叫家暴。 „We only want a truth, has the mistake? Can the family/home violent recognize casually? If so, in that later family/home who also dares to make the man deliver the wages!” “我们只想要一个真相,有错吗？家暴随随便便就能认定？如果是这样,那以后家里谁还敢让男人上交工资！” Also the resentment a person, little Ai then saw some people of Heyte she, said that makes her read an article. 又怼了一个人,小艾这才看到有人艾特她,说让她去看一篇文章。 Looks looked that quick found that article, looks, little Ai directly there. 看就看呗,很快就找到了那篇文章,一路看下来,小艾直接愣在了那里。 This, does this violent have the special law unexpectedly? 这,这家暴居然早已经有了专门的法律？ She felt beside person who red that own face rises all of a sudden, except for has the rhythm after all specially, others can always understand that a truth, they to the Supreme Court, kept on proclaiming the opposite party should give a truth. 她感觉自己的脸一下子涨的通红,毕竟除了专门带节奏的人之外,其他人总是能明白点道理的,她们冲最高法,口口声声说对方应该给一个真相。 The result has not thought, the truth has, but she simply has not paid attention. 结果没想到,真相早就有了,只是她根本没注意。 Looked at the release of this law, six years ago...... 看了看这法律的发布时间,六年前…… She started various types of attention storms recently in the two years, will raise the building up violent in various great platform, and has thought the family/home violent was the man hits the woman. 她是最近这两年才开始各种关注家暴,而且在各大平台都会提起家暴,并且一直认为家暴就是男人打女人。 Finally now, her Lian Jia bao special law does not know unexpectedly. 结果现在,她居然连家暴的专门法律都不知道。 little Ai starts to delete the beforehand commentary silently, this also wants what truth. 小艾默默地开始删除自己之前的评论,这还要什么真相。 The article of that pure passer- is equivalent to a beacon light that shows the way, told everyone how, when came across this issue to refute. 那个纯路人的文章就相当于一盏指路的明灯,告诉大家在遇到这种问题的时候如何来反驳。 Does not need to suspect to fictionalize, the law that because in others enumerates you looked casually can find. 不需要怀疑虚构,因为人家里面列举的法律你随便一找就能找到。 It can be said that this pure passer-by with one's effort online mutual resentment raising a level. 可以说,这位纯路人用一己之力将网上的互怼给抬高了一个层次。 Topic that in the following several days, everyone will discuss also high-end does not make sense, various legal terms. 以至于在接下来的几天里,大家谈论的话题也都高端的不像话,各种的法律名词。 Before was dug up the account number to these people of Supreme Court directly, now deletes the number the deletion number, travelling of travelling. 之前冲最高法的那些人直接被扒出了账号,现在删号的删号,跑路的跑路。 Online noise Zhou resolute has not inquired again, after king Wucheng and summer Ziyan, what to do, he will not go to manage, from beginning to end, he helped introduce for a long time did not have the attorney of nomination character probably very much. 网上的喧嚣周毅已经没有再去过问,王武城和夏紫燕以后会怎么办,他也不会去管,从始至终,他只是帮着介绍了一个好像很久没提名字的律师而已。 The housework was most difficult to make, possibly you thought that this was good for him, but said that did not permit others to complain tearfully several to go back, no one said certainly, although these two basically not possibly. 家务事最难弄了,可能你觉得这是为了他好,但是说不准人家哭诉几句就又屁颠屁颠地回去了,那谁都说不准,虽然这俩基本没可能了。 side Dazhuang can meddle as attorney, but his Zhou resolute cannot respond. 只是方大状以律师的身份可以插手,但他周毅是不能去搭理的。 Sits at home on the ultra-large sofa, reads side Dazhuang that article, Zhou resolute cannot bear smile. 坐在家里超大的沙发上,看着方大状的那篇文章,周毅都忍不住笑了。 The pure passer-by, had this article later pure passer-by to be really fumbled and broken up the show thoroughly. 纯路人,有了这篇文章之后纯路人真的是被彻底玩坏了。 The beforehand these pure passers-by, open mouth have the rich standing in line aura, but this time pure passer-by, that is the direct steamroll. 以前的那些纯路人,一张嘴就带着浓郁的站队气息,而这次的纯路人,那是直接的碾压。 Zhou resolute does not want to manage other now actually again, because he discovered, on the cell phone that by he unloaded the slow application, treads the horse unexpectedly also had! 周毅现在倒是也不想再管其他的,因为他发现,手机上那个被他卸载了的慢应用,踏马的居然又有了！ This and previous time also different, previous time can find app in the desktop, he remembers that oneself truly selected the unloading in the court entrance at that time, but also recorded the screen. 这次和上次还不一样,上次是能在桌面找到app的,他记得自己当时在法院门口确确实实点了卸载,还录了屏。 Finally today, when visited some homepage to jump suddenly, as before with the previous same full screen advertisement, and started to download something bewilderedly. 结果今天,在浏览某个网页的时候突然就跳了出来,依旧和上次一样满屏的广告,并且莫名其妙地就开始下载一些东西。 For example the small video in homepage, saw likes the point went to have a look, result looked at others while reminded you, said that has started to download such and such videos!! 比如说网页里的小视频,看到喜欢的了点进去看看,结果一边看人家就一边提醒你,说已经开始下载某某视频了！！ Frightens you to hurry to draw back, discovery that downloading is actually continuing as before, and you do not know thing that dismantles in which...... 吓得你赶紧退出来,却发现那下载依旧在继续,并且你都不知道下下来的东西在哪…… Does to be popular bothersomely, what making Zhou resolute very curious is, this what applies slowly is where sacred, how on unloading? The appearance of feeling a little hooligan software. 搞得人心烦,让周毅很好奇的是,这个什么慢应用到底是何方神圣,怎么就卸载不了呢？感觉有点流氓软件的样子了。 Before on the computer will often have some hooligan software, that how unable to unload, you think each time has unloaded successfully, but starting you will discover next time, others as before also. 以前电脑上经常会有一些流氓软件,怎么都卸载不掉的那种,每次你以为已经卸载成功了,但是下次开机你会发现,人家依旧还在。 You could not find the unloading the place, can only discover such thing through the backstage advancement. 只是你找不到卸载的地方,只能通过后台进程发现有这么个玩意。 But the present smartphone is developed, do you want to clean up certain contents? 而现在的智能手机更是发达,你想清理某些内容？ Easy to do, downloads such and such cleans up app, finally cleaned up app to download, the beforehand content could not erase as before did not say, this cleaned up app unable to erase...... 好办,下载某某清理app,结果清理app下载了,之前的内容依旧删不掉不说,这个清理app本身也删不掉了…… Ended also reminded you saying that can under what steward, end steward cleaning up quite a while, the steward could not erase. 完了又提醒你说可以下什么管家,完了管家清理半天,管家也删不掉了。 The caused consequence is on the cell phone comes out much one pile of hooligan software, daily card to become dog. 导致的后果就是手机上多出来一堆的流氓软件,日常卡成狗。 But Zhou resolute is very curious this slow application is anything, the classics opening mother searches, then discovery, this is several big cell phones produces the new application ecology that the business promotes, does not need to download, namely uses. 而周毅现在就很好奇这个慢应用到底是什么东西,经典打开度娘搜索,然后就发现,这是几大手机产商推出的新型应用生态,无需下载,即点即用。 However...... behind this content is one pile of searches of: Is the slow application the hooligan software, as well as slowly actually applies should how unload, was compelled quickly insanely and so on words. 然而……在这个内容后面就是一堆的搜索:慢应用是不是流氓软件,以及慢应用究竟该怎么卸载,快被逼疯了之类的话。 Therefore, this thing after the desktop clicked on the unloading actually hasn't unloaded? 所以,这玩意在桌面点击了卸载之后其实没卸载了？ Zhou resolute searched, has saying that online big cow really many, about topic that under how „slow application” deletes thoroughly many suggestions. 周毅又去搜了一下,不得不说,网上的大牛真的不少,关于“慢应用”如何彻底删除的话题下面就有不少建议。 However, how wants to feel a little bothersome, the emergence of smartphone facilitated our life enormously, but now, bewildered advertisement, frequent ball window downloading, determination for life? 但是,怎么想都觉得有点烦,智能手机的出现极大的方便了我们的生活,但是现在,莫名其妙的广告,频繁的弹窗下载,确定是为了方便生活？ Today's renewal. Owes arrives at 120,000 characters.. QAQ 今天的更新来了。欠更来到十二万字。。QAQ Thank big brother, big brother writing idiot, the fat cat story big brother, had Jilin University, book friend 2020, another new big brother, Reis hung big brother, thank hitting of brothers to enjoy, thanks. 感谢曼波大哥,文痴大哥,肥猫物语大哥,有吉大,书友2020,又一个新手大哥,雷斯垂德大哥,感谢兄弟们的打赏,谢谢。 ( This chapter ends) (本章完)