Chapter 531 first money pay 第531章先把钱赔了 If before place, Zhou resolute hears some people to talk nonsense, could not have borne want to refute. 如果放在以前,周毅听到有人这么胡说八道,早就忍不住想反驳了。 However after experiencing several hearings, he is very clear, on the court is to speak, even if these looks at the unpardonably wicked suspect, has not determined guilt before the court, he has the right of defense. 但是经历了多次的庭审之后,他很清楚,法庭上就是要说话的,哪怕是那些看着十恶不赦的犯罪嫌疑人,在法院没有定罪之前,他都有辩护的权利。 On Lao who for example the second trial maintains the original sentence. 就比如二审维持原判的劳某某。 Therefore Zhou resolute sits, side Dazhuang also sits as before very much calm, the preparation listens to the enlightening remark of this Attorney even/including. 所以周毅就那么坐着,方大状也依旧很淡定地坐着,准备听一听这位连律师的高论。 „Before the opposite party purchasing behavior, our lineation prices, although is higher than the initial cost, but, opposite party before purchasing golden product, based on the social life experience, has the understanding of the gold price surely, therefore, our lineation prices cannot have the misunderstanding to it!” “在对方购买行为之前,我方的划线价虽然高于原价,但是,对方在购买黄金产品之前,基于社会生活经验,必定对黄金价格有了解,所以,我方的划线价并不能对其产生误解！” „Next, we have not cheated intentionally, has not made clear the initial cost is only the slight slight defect, does not exist subjectively intentionally, but thinks after this/should discount, its price has not significantly been higher than the market price, therefore should not think the fraud.” “其次呢,我方并没有欺诈的故意,没有明确告知原价只是轻微的瑕疵,并不存在主观性的故意,而是认为在该折扣之后,其价格也没有显著高于市场价格,所以不应该认为欺诈。” „Moreover, in intentionally aspect......” “而且,在故意方面……” Zhou Yiting the words of this debate is thinking the breakdown, high, this is really high. 周毅听着这辩论的话都想故障了,高,这是真的高。 Especially that fraud, most times, is intentionally is very intentionally difficult to judge, after all this thing is very subjective, you said that is intentionally well-founded, is is not intentionally well-founded. 尤其是那个欺诈的故意,在很多时候,是不是故意很难判断,毕竟这玩意很主观,你说故意有理由,不是故意也有理由。 On side Dazhuang the face had the smile, should say, this Attorney even/including had the progress compared with beforehand that Master Lu hero. 方大状的脸上出现了笑容,该说不说,这位连律师比起之前的那个吕祖雄来说还是有了进步。 Can know the situation through other ways, this sky-high price expensive car case Supreme Court ruled a very important part initially! 通过其他途径能知道情况,这是当初天价豪车案最高法判决中很重要的一环！ Initially, is a little, automotive sale company PDI behavior record in the record of this/should car(riage), in other words, you, if did not check that possibly not to know, but if you knew this thing, checked, can definitely check. 当初,有一点就是,汽车销售公司将PDI行为记载于该辆车的记录中,也就是说,你如果不去查那可能不知道,但如果你知道这东西,去查了,肯定能查到。 Therefore, here does not think is the fraud, but thinks that violated the right to know of consumer. 因此呢,这里就不认为是欺诈,只是认为侵犯了消费者的知情权。 Naturally, the most important point to note is that whether informs all PDI, presently legal not explicit stipulation...... 当然,最重要的一点是,是否将所有PDI进行告知,当前的法律并没有明确的规定…… But now, the view of Attorney even/including is, since you buys the golden product, that definitely is knows that golden price, the major companies also are quite at present transparent regarding the profit of golden product, you can check these things in other aspects. 而现在,连律师的看法就是,伱既然买黄金产品,那肯定是知道黄金的价格,目前各大公司对于黄金产品的利润也比较透明,你可以在其他方面查到这些东西。 Therefore, generally speaking the initial cost can check probably. 因此,一般来说原价都是能大概查到的。 Then obviously, you can check these costs, we do not need to tell the initial cost...... 那么显而易见,你都能查到这些成本了,我们也就没必要告诉原价…… Since does not need to tell, that did not have the fraud. 既然没必要告诉,那也就不存在欺诈了。 Another point naturally is, our profits are not high, therefore rules 10 million compensations, is contrary to the civil law the equity principle. 另一点当然就是,我们的利润并不高,所以判决一千万的赔偿,有违民法的公平原则。 even/including Yukuan is very clear, if using the first trial time the reason, in other words Zhou resolute has „knowing fake and buying fake” the behavior, has not created misleading, that definitely lost a lawsuit. 连玉宽很清楚,如果还是用一审时候的理由,就是说周毅存在“知假买假”的行为,并没有造成误导,那肯定是败诉的。 Whether the second trial changes the original judgment, must have the new thing, otherwise the judge looked knows that you original these contents, will basically maintain the original sentence. 二审是否改判,一定要有新的东西,否则法官看了就知道你们还是原来的那些内容,基本上都会维持原判的。 Said, even/including Yukuan then sat. 说完之后连玉宽便坐了下来。 The audience in visitors'gallery also started to have responded, this case spelled was the detail. 旁听席的观众们也开始有了一些反应,这种案件拼的就是细节。 side Dazhuang stood, naturally, is not the view court debate discusses to stand, but he is familiar with do that stands the debate, can have the feeling. 方大状站了起来,当然,并不是说法庭辩论就得站起来,只是他习惯这么做,站起来辩论,能更有感觉。 „Refuted in view of the two points of appeal side, first, can know the initial cost through other ways, this inside appealed to Attorney side obviously to change the concept.” “针对上诉方的两点进行反驳,第一,也就是通过其他途径可以知道原价,这里面上诉方律师明显在偷换概念。” „He conducted the specialization the golden product, thinks that the golden product is different from other commodities, however our legal not relevant provisions, therefore the golden product should also be regarded as the commodity!” “他将黄金产品进行了特殊化,认为黄金产品有别于其他的商品,但是我们的法律并没有相关规定,所以黄金产品也应该被视为商品！” „Cannot say that raw material everyone of some commodity knows the price, the considering opposite party who can take for granted knows the initial cost, this obviously is not correct, the Protection of Consumer Rights provision does not allow to fictionalize the initial cost explicitly, otherwise must regard as the price fraud, but the golden product conforms to the commodity group that in Protection of Consumer Rights stipulates, must therefore be suitable.” “不能说某件商品的原材料大家都知道价格,就可以想当然的认为对方知道原价,这显而易见是不正确的,消费者权益保护法明确规定不允许虚构原价,否则就应当视为价格欺诈,而黄金产品符合消费者权益保护法中规定的商品类别,因此应当适用。” At this point, side Dazhuang drinks water to continue saying: „Regarding the subjective aspect intentionally, I have not thought is not, appeals to the side to inform the duty, moreover their behaviors have misleading to our litigants sufficiently, making him make the behavior of purchase, therefore I believe, this can estimate existed for the subjective aspect intentionally.” 说到这里,方大状喝了口水继续道:“至于说主观方面没有故意,我认为并不是,上诉方并没有进行告知义务,而且他们的行为足以对我方当事人产生误导,让其做出了购买的行为,所以我认为,这可以推定为主观方面存在故意。” This saying said a little circles, side Dazhuang the meaning said that the logical expression is, you do that wants to make the fragrant-flowered garlic look that the discount goes shopping high, this very obviously is a behavior of intentionally fraud. 这话说的有点绕,方大状的意思说人话就是,你们这么做,就是想让韭菜们看着折扣高而买东西,这很明显就是一个故意欺诈的行为。 Attorney even/including rebutted again, he insisted oneself viewpoint, does not constitute the fraud. 连律师再次进行了反驳,他还是坚持自己的观点,不构成欺诈。 Zhou resolute most starts also to fill, but behind has started to be dizzy, this Attorney even/including really has the skill, but, side Dazhuang the rebuttal is so always just right. 周毅最开始还能填进去,但是后面已经开始头晕了,这位连律师确实有本事,但是,方大状的反驳总是那么恰到好处。 Various related laws and judicial interpretations have words at fingertips and write with facility, seemingly is prepared to be the same early. 各种相关的法律以及司法解释都是信手拈来,看上去似乎早有准备一样。 And finally, Attorney even/including coursed on the viewpoint the equity principle. 以至于到了最后,连律师又把观点引向了公平原则上面。 Regarding this side Dazhuang considering is, the code civil is the common law, the Protection of Consumer Rights is the special law, is having the conflict time must be suitable for the special law. 对此方大状的认为是,民法典是一般法,消费者权益保护法是特别法,在发生冲突的时候应当适用特别法。 Its business has the advantage, therefore cannot be suitable for the equity principle. 本身商家就是处于优势地位,所以不能适用公平原则。 Or if really considers the equity principle, then should not have the appearance of Protection of Consumer Rights thing...... 或者说,如果真的考虑到公平原则,那么就不应该有消费者权益保护法这个东西的出现…… The presiding judge also listens is very earnest, finally two people debates ended. 审判长也听的很认真,终于两人的辩论结束。 Inquired respectively also has the supplement, without later then announced the adjournment. 分别询问还有没有补充的,没有之后便宣布休庭。 even/including Yukuan starts to drink water, he does not determine to change the original judgment now, is only this compensation case, is impossible easily to obey. 连玉宽开始喝水,他现在也不确定能不能改判,只是这种赔偿案件,不可能轻易就范。 Some little time later, the presiding judge came back, after undergoing the full discussion of institute judicial commission, ruled rejected the appeal by upholding the original judgement, the legal fee was undertaken by Afu company. 好一会儿之后,审判长回来了,经过了中院审判委员会的充分讨论之后,裁定驳回上诉维持原判,诉讼费由阿福公司承担。 This ruling for final judgement. 本次判决为终审判决。 The written judgment gets down, even/including Yukuan sighed, immediately telephoned to inform the soup friend in company to become, because was not the live broadcast hearing, therefore opposite party also in company and other news. 判决书下来,连玉宽叹口气,随即打电话通知正在公司的汤朋成,因为不是直播庭审,所以对方还在公司等消息。 In Afu corporate office, Tang Pengcheng listened to the sound face in telephone not to have the blood-color. 阿福公司办公室内,汤朋成听着电话里的声音脸上已经没了血色。 „Attorney even/including, didn't we have the means? This 10 million, if really compensates, I really did not have the means to maintain again.” “连律师,那我们就没办法了吗？这一千万要是真的赔出去,我真的没办法再维持了。” Said actually not Afu company 10 million do not have continually, is mainly who knows, many companies, the asset are many, but the cash flow is not very abundant. 倒不是说阿福公司连一千万都没有,主要是谁都知道,很多公司,资产不少,但是现金流并没有特别充裕。 Even some companies simply are the loans, the money of owing was supposing sold several times the company also not. 甚至有的公司干脆就都是贷款,欠下的钱估摸着把公司卖个几倍也还不了。 Must pay damages so much money suddenly, Afu company can withstand, but his Tang Pengcheng is incorrect. 猛然间要赔付这么多的钱,阿福公司是可以承受住,但他汤朋成是不行的。 „Only can re-try to the high court application.” even/including Yukuan smiles bitterly a sound said: „But Tang, I must first say with you, the expense of re-trying are also many, moreover there is an effect not to say.” “只能向高院申请再审了。”连玉宽苦笑一声道:“但是汤总,我得先和你说,再审的费用同样不少,而且有没有效果不好说。” „Let alone, even if we applied to re-try, the judgment of second instance still first carried out......” “更何况,就算我们申请再审,二审判决也得先执行……” This was we always said, at present is the second trial last instance system, this was the reason. 这就是我们总说,目前是二审终审制,这就是原因。 The second trial gets down you to refuse to accept, but, you must carry out, no matter talked into what you to carry out. 二审下来你可以不服,但是,你得执行,不管说成什么你都得执行。 Applied to re-try regarding you, during re-trying, will not involve the execution, if re-trying changed the original judgment, money that before carried out let draw back again. 至于说你申请再审,再审期间是不会牵扯到执行的,如果再审改判了,那之前执行的钱再让退回来。 Sounds like does the unnecessary, but this is the procedure/program, the second trial trials in final stipulated, other application re-trying and try the supervision also to appeal, is other calculates. 听起来好像是脱裤子放屁,但这就是程序,二审终审就是规定,其余的申请再审和审判监督也就是抗诉,都是另外算的。 Tang Pengcheng at present one black, the judgment of second instance is so long as becomes effective. 汤朋成眼前一黑,二审判决是只要下来就生效的。 The delivery written judgment in ten days does not fulfill, the opposite party can apply to enforce...... 送达判决书十天内不履行,对方就可以申请强制执行了…… Afu company is so big, now this situation temporary transfer fund? 阿福公司这么大,现在这情况临时转移资金？ Resists to hold the crime proper fastened. 一个拒执罪妥妥的就扣上了。 The company that this being able to see can feel enforces, is sometimes easier compared with individual enforcing, because their money in account. 这种看得见摸得着的公司进行强制执行,比起个人的强制执行有时候更容易一点,因为他们的钱就在账户里。 The court really enforces, this may be fonder of playing jokes than these money no average people. 法院真的强制执行,这可比那些一点钱都没有的普通人好弄很多。 Did not have the means that did not have the means thoroughly, Tang Pengcheng decided to resign. 没办法了,彻底没办法了,汤朋成决定还是自己辞职吧。 Naturally, he does not know, in court, side Dazhuang already in contact person. 当然,他并不知道,法院内,方大状已经在联系人了。 „Right, definitely won, this case can be the classical case, instructing the case I also to feel not to have the issue, must many is quite diligent one study, this/should what's the matter what's the matter!” “对,肯定赢了,这案子能作为经典案例吧,指导案例我也觉得没问题,要让很多人好好学一学,该是怎么回事就是怎么回事！” Becoming the classical case to mean anything, after meaning , so long as study law will have a look at your case. 成为经典案例意味着什么,意味着以后只要学法律的都会看看你这案子。 What treatment, searched for Brother Long know, this treatment was really first-class. 什么待遇,搜一搜龙哥就知道了,这待遇真的是一流。 In fact does not need side Dazhuang the contact person, Shenzhen stock market the court naturally to report. 事实上不用方大状联系人,深市这边得法院自然就会上报的。 Such big case, truly can become the benchmark. 这么大的案子,确实可以成为标杆。 Those words, the law stipulated is not naturally used to look, since is the punitive damage measure, that did not have the truth to say money less/small time wants to use to use, money were many must make various reasons, definitely cannot calculate. 还是那句话,法律规定了自然不是用来看的,既然是惩罚性赔偿措施,那没道理说钱少的时候想用就用,钱多了就要弄各种理由,肯定不能这么算。 Two people took the written verdict to leave the court, at the same time, two of sky-high price claim case examined the result online to appear. 两人拿着裁定书离开了法院,与此同时,天价索赔案的二审结果已经在网上出现了。 „Rejected the appeal by upholding the original judgement!” “驳回上诉,维持原判！” The news comes out, immediately made these eat a little bored netizen who the melon ate to boil. 消息一出来,顿时让那些吃瓜吃的有点无聊的网友沸腾了。 „Fog grass, but also really supported the original sentence, this indemnity, this is must send!” “雾草,还真的支持了原判啊,这赔偿金,这是要发啊！” Some people in online started to sigh with emotion, you looked that resolute earnest was so long, was inferior crispness that a lawsuit came. 有人在网上就开始感慨了,你看阿毅较真这么久,不如一场官司来的爽。 However some people refuted quickly. 不过很快就有人反驳了。 „resolute said that this money must contribute, you think that others and you are the same.” “阿毅说了,这钱要捐出去的,你以为人家和你一样啊。” That naturally, both sides on starting to quarrel, because many people did not think that resolute will contribute this money. 那自然而然,双方就开始吵了起来,因为很多人并不觉得阿毅会把这钱捐出去。 Even if contributed, that still definitely was cheats to contribute! 而就算是捐出去了,那也肯定是诈捐！ Also cannot say that online everyone likes bickering, is really these years, some people donating money this matter fumbling and breaking up the show. 也不能说网上的大家喜欢抬杠吧,实在是这些年来,有些人把捐款这个事给玩坏了。 Cheats the matter that contributes also to have many, therefore claimed regarding these nets red must donate money, will suspect. 诈捐的事也有不少,所以对于这些网红声称要捐款,都会进行怀疑。 But more people felt, this case is really the benchmark, smoothed over differences compared with some places. 而更多人则觉得,这个案子真的属于标杆,比一些地方和稀泥强多了。 For example has had the case, some ruling said that the vehicles and value judgment and function of vehicles paint can separate, even if the paint is flawed, does not affect the safety performance and use of car, is only affects the vehicles outward appearance and consumer psychology feeling, therefore called anything, called „some frauds”. 比如有过案子,有判决说车辆与车辆油漆的价值判断和功能是可以分离的,即使油漆存在瑕疵,并不影响整车的安全性能及使用,仅是影响车辆外观和消费者心理感受,所以叫什么,叫“部分欺诈”。 Then appealed gives to overthrow...... 然后上诉就给推翻了…… Because why, the appellate court said very much explicitly, between the frauds and non- frauds have a line, does not have „some frauds” partial region. 为什么,因为上诉法院很明确的说了,欺诈和非欺诈之间存在着一条线,不存在“部分欺诈”的局部地带。 Why, many frauds partial, if causes some frauds, then our Protection of Consumer Rights lost the significance regarding the protection of fraud. 为什么,很多的欺诈都是局部的,如果弄出个部分欺诈,那么我们消费者权益保护法对于欺诈的保护就失去了意义。 The person of support are many, the person of opposition are also many, hates bitterly there, thinks that this ruling can encourage these unhealthy tendencies, making many people think becomes rich through such method...... 支持的人多,反对的人也不少,在那里痛心疾首,认为这个判决会助长那些不正之风,让很多人都想着通过这样的手段来致富…… Regarding such view, Zhou resolute has not appraised. 对于这样的看法,周毅并没有进行评价。 Because really does not have the means to appraise. 因为真的没办法评价。 Stayed one day later the hotel, two people then returned to Jingzhou, coming is brings a lawsuit, the lawsuit fires off naturally must go home. 在酒店待了一天之后,两人便回了京州,过来就是打官司的,官司打完自然就要回家。 If the opposite party does not carry out, that is casual the staddle...... is not, sending an attorney to pass to apply to enforce on the line. 如果对方不执行,那就随便牵条……不是,派个律师过去申请一下强制执行就行了。 This lawsuit fires off, side Dazhuang is very excited, obviously his notebook can write many things. 这个官司打完,方大状很兴奋,显而易见他的笔记本又可以写很多的东西了。 But Zhou resolute is equally excited, because Zhou Xinran said that became engaged came to live together, before will then also come to see him regularly. 而周毅同样兴奋,因为周欣然说等订婚了就过来一起住,在这之前也会隔三差五地来看他。 Un, as for „how to see” the content that this need member pays expenses again were not many says. 嗯,至于“怎么看”这种需要会员再付费的内容就不多说了。 Came back to treat for day, happen to was in January 15, such auspicious day Zhou resolute naturally went to the week joyfully home. 回来待了一天,正好是正月十五,这样的好日子周毅自然是去周欣然家过的。 The years taste has dissipated slowly, everyone's life marched into normally. 年味儿已经慢慢消散,大家的生活步入了正常。 Similarly, the work of ascending ministry of law started to bustle about. 同样,腾达法务部的工作又开始忙碌了起来。 …… …… Also is a beautiful morning, Zhou resolute crawls from the bed, the recent day somewhat degenerates, injures for the wine and women, the whole person is a little thin and pale. 又是一个明媚的早上,周毅从床上爬起来,最近的日子有些堕落,为酒色所伤,整个人都有点憔悴。 Therefore Zhou decided after hesitant three seconds, temporarily stops drinking for a week. 所以在犹豫了三秒之后周某人决定,暂时戒酒一个礼拜。 Washes to go downstairs to eat meal, then drives to go to work, this has become the daily life. 洗漱完毕下楼吃饭,然后开车上班,这已经成了日常生活。 That side Afu company has applied to re-try it is said that this indifferent, is others rights. 阿福公司那边据说已经申请再审了,这无所谓,是人家的权利。 But Zhou Yizhi cares about a matter, the pay-out whether arrives. 而周毅只关心一件事,赔偿款是否到位。 This is sixth day, does not have any sound. 这已经是第六天了,没有任何动静。 However he does not worry, Afu company big enterprise has lots of assets, cannot escape. 不过他并不着急,阿福公司家大业大的,跑不了。 Goes to the company, processed the routine work, took a stroll was arriving at the ministry of law. 一路来到公司,处理完了日常工作,又溜达着来到了法务部。 Finally has not waited, then heard in the office to hear the intermittent weeping sound. 结果还没等进去呢,便听到办公室里传来了阵阵哭声。 This was, some people by family/home violent? Some staff were deceived the bridegroom's gift to bride's family. 这又是咋了,又有人被家暴了？还是又有员工被骗彩礼了。 Although said that has the legal help fund, but your brains cannot be so bad! 虽然说有法律援助资金吧,但你们的脑子也不能这么差吧！ Hurries to walk toward, sees a staff there, side sits is about 60-year- old person. 赶紧往里走,就看到一个员工正在那里,旁边坐着的则是一个大概60多岁的老人。 „Zhou did come? You sits!” The legal kingly way benevolent that today is on duty saw that Zhou resolute hurried to greet. “诶周总来了？您这边坐！”今天当值的法务王道仁看到周毅了赶紧打招呼。 Zhou resolute nods, sees the staff and old person who a little liked a cat on hot bricks, said with a smile: „Everyone on the line, I comes to see at will, that young fellow, you continued, all right.” 周毅点点头,看了看有点局促不安的员工和老人,笑道:“大家随意就行,我就是来看看,那个小伙子,你继续说,没事的。” The year entered the staff ten thousand seas of ascending a short time ago finally no longer excitedly, said: „Zhou, I had just said a point, actually the matter is such......” 年前不久才进了腾达的员工万海终于不再激动,说道:“周总,我刚刚已经说了一点,其实事情是这样的……” The matter that Zhou Yiting the opposite party mouth is saying, the brow cannot help but wrinkles! 周毅听着对方嘴里说的事,眉头不由得皱起！ Although said that he had not thought everyone is a good person, but has not thought that some people so will be unexpectedly bad! 虽然说他从来都没有觉得大家都是好人,但也没想过,有的人居然会这么坏！ Or they did not even think that oneself behavior has the mistake! 或者说,他们甚至根本不觉得自己的行为有错！ Chapter 2 come! Thank is popular cautiously, another novice, gjvip, the isatis root guaranteed to cure all diseases, moe the newcomer, thank hitting of brothers to enjoy, a while sent a summary, answered issues of next beforehand many people while convenient. 第二章来啦！感谢兴慎,又一个新手,gjvip,板蓝根包治百病,萌新仔,感谢兄弟们的打赏,一会儿发个总结,顺便回答一下之前很多人的问题。 ( This chapter ends) (本章完)