Chapter 543 money back time is a grandson 第543章还钱时候是孙子 Huo Pengfei felt, today was his lucky day, this case he must complete the classical case, must let as we all know, others saved you, should money must give! 霍鹏飞觉得,今天是他的幸运日,这案子他必须得办成经典案例,就要让大家都知道,别人救了你,该给的钱必须得给！ Do not say you to comply, so long as happened „saved you” this fact, that you took the beneficiary, you cannot work as the supercilious look wolf. 不要说你答不答应,只要发生了“救你”这个客观事实,那伱作为受益人,你就不能当白眼狼。 The morals do not have the issue of means solution, can only stipulate by the law, matter that this actually does not have the means...... 道德没办法解决的问题,只能由法律来规定,这其实也是没办法的事…… Because you cannot count on that everyone, done is the human affairs. 因为你不能指望每个人,做的都是人事。 Therefore, a nearby Wu Qiuling such face compels to look ignorant, she felt...... Attorney Huo is just the same as always, sometimes people like them, really does not know that is thinking anything. 于是,旁边的吴秋灵就那么一脸懵逼地看着,她感觉……霍律师还是老样子,他们这种人,有时候真的不知道在想什么。 Huo Pengfei this little while has not certainly thought other, even if Wu Qiuling is his former girlfriend is also the same, but the difference is, Wu Qiuling provided such good case to him, needs to thank well. 霍鹏飞这会儿当然没有想别的,哪怕吴秋灵是他前女友也一样,只不过区别在于,吴秋灵给他提供了这么好的案子,需要好好感谢一下。 „little Wu, this time, if can make, I ended well thank you, now we first return to the company, prepares to write the petition of appeal, they divorced unexpectedly, good ha haha......” “小吴啊,这次如果能做成,那我完了就好好谢谢你,现在咱们先回公司,准备写起诉状吧,他俩居然离婚了,太好了哈哈哈……” Returned to the company Wu Qiuling not to understand in any case how they divorced a good law...... 反正回到公司了吴秋灵都没想明白,那俩人离婚了到底怎么个好法…… Huo Pengfei walks toward the ministry of law, then ran into Zhou resolute in the elevator. 霍鹏飞一路往法务部走,然后就在电梯里遇到了周毅。 „How you are, becomes this you happily?” Zhou resolute saw Huo Pengfei then said with a smile. “咋了你这是,把你高兴成这样？”周毅一见到霍鹏飞便笑道。 Mainly is this Huo Dazhuang really draws a prize-winning ticket to be the same now probably, on the face that smile overflowed quickly. 主要是这位霍大状现在真的像是中了奖一样,脸上那笑容都快溢出来了。 Let Zhou resolute think subconsciously, was this fellow and little Wu miss compound. 让周毅下意识地就想着,这家伙是不是和小吴姑娘复合了。 Miss really good, is longer much the character to be good, gentle, but pitifully, does not know that what's the matter, his Zhou resolute does not like gently...... 那姑娘真的不错,长得好看性格又好,温温柔柔的,但可惜,也不知道咋回事,他周毅就不喜欢温柔的…… Imagined next yesterday's investigation depth Later Zhou Dynasty rookies to discuss there unexpectedly, said several ways that the rape recognized, anything inserted to mediate the contact saying that wait/etc...... this made others know imagined to feel odd. 想象一下昨天探查深浅后周菜鸟居然在那里探讨,说强奸罪认定的几种方式,什么插入说和接触说等等……这让其他人知道了想象一下都觉得离谱。 But the key is, his Zhou also with liveliness that extremely the opposite party discussed that is really holding the academic discussion, completely with other aspects irrelevant! 可关键是,他周某人还和对方讨论的极其热闹,真的是在进行学术探讨呢,完全和其他方面无关！ Cannot shake the head to think these things, Zhou resolute looks at front Huo Pengfei. 摇摇头不去想那些东西,周毅只是看着面前的霍鹏飞。 However, Huo Pengfei said excitedly: „Zhou, I goes to the police station to discover today, the two divorced unexpectedly, haha they divorced unexpectedly, you know that what this does mean?” 然而,霍鹏飞却激动道:“周总,我今天去了派出所才发现,那两人居然离婚了,哈哈他们居然离婚了,您知道这意味着什么吗？” ? 啊？ Zhou resolute a face delay: „Does intent, what mean?” 周毅一脸呆滞:“意,意味着什么啊？” „Means, I can advocate and their two people simultaneously ask for money, I make them know that what is a double loss, ha haha......” “意味着,我可以同时主张和他们两人要钱,我让他们知道什么叫赔了夫人又折兵,哈哈哈……” This person was incurable, really studied the depth of jurisprudence, this person will not just lose the human nature, will also be abnormal, at least now feels that these attorneys were quite abnormal. 得,这人没救了,果然学法律学的深了,这人不单单会失去人性,还会变态啊,最起码现在感觉身边这些律师都比较变态。 However listened to Huo Pengfei's detailed to tell that Later Zhou Dynasty resolute also came the interest, the words that this case spoke were very simple, but really had the representative significance very much! 不过听了霍鹏飞的详细讲述后周毅也是来了兴趣,这案子这么说的话很简单,但确实很有代表意义！ Because many young lovers marry must prepare a banquet, moreover in some places, without preparing a banquet that is not the marriage. 因为现在很多小情侣结婚都是要办酒席的,而且在一些地方,没有办酒席那就不算结婚。 What? Gets the card? 什么？领证？ , In the traditional ideas of some places, not leading card that unable to be the marriage, only then prepared a banquet is, otherwise, that all kinds of cynical remark will come. 不不不,在一些地方的传统观念里,领证那根本不能算是结婚,只有办酒席了才算,否则,那各种各样的怪话就会来了。 Sounds like very strange, but this is the fact! 听起来好像很奇怪,但这就是事实！ The old marriage smoke law had also acknowledged the de-facto marriage relates, this is the special stipulation of special period. 旧的婚烟法曾经还承认过事实婚姻关系呢,这都是特殊时期的特殊规定。 Now, only if your matters happened before 1994, otherwise all deferred to live together to manage. 现在,除非你那些事发生在1994年以前,否则一律按照同居来管。 Therefore happen to attended class to some people, divorces divorced. 所以正好给一些人上上课,离婚了就是离婚了。 „Zhou, I start to prepare the evidence now, the personal information of two had attained from the police station, when my evidence prepares to sue, this lawsuit hit is too comfortable!” “周总,我现在就开始准备证据,那两人的个人信息已经从派出所拿到了,等我的证据准备好就去起诉,这官司打起来太舒服了！” Zhou resolute nods, he also anticipated that very much this case the result, sends when the time comes the video, can detonate one pile of eyeballs absolutely. 周毅点点头,他也很期待这个案子的结果,到时候把视频发出去,绝对能引爆一堆眼球。 Said with Zhou resolute, Huo Pengfei then returned to the ministry of law office, starts to conduct writing of petition of appeal, already the reorganization and fixed of evidence. 和周毅说完,霍鹏飞便回了法务部办公室,开始进行起诉状的书写,已经证据的整理和固定。 In some evidence ready-made, video that for example Wu Qiuling patted at that time, to enhance the proof strength actually to make a notarization. 这里面有的证据是现成的,比如吴秋灵当时拍的视频,如果想提高证明力的话其实是可以做一个公证的。 The notarization goal is to let the opposite party has no excuse of rebuttal. 公证的目的就是让对方没有任何反驳的借口。 The certification fee can undertake by the unsuccessful party in any case. 反正公证费是可以由败诉方承担的。 Here must explain, many people compare to confuse, the attorney spends, to is the attorney spends, according to the scale fee service management means and other series of stipulations , we are „who hires the attorney in practice generally who disburses money”. 这里要说明一下,很多人都比较迷惑,律师费,对就是律师费,按照律师收费服务管理办法等一系列规定,实践中,我们一般都是“谁请律师谁出钱”的。 Some person doubts are, the relevant law stipulated, the unsuccessful party needs to undertake the winning party's unreasonable expenditure in case, thought that the attorney spends also others to leave. 有的人疑惑就在于,相关法律规定,败诉方需要承担胜诉方在案件中的合理开支,就觉得律师费也得人家出。 But this made a mistake, in the civil case, had not stipulated that said that must hire the attorney, like this explained that oneself understood slightly, can definitely sue, oneself brought a lawsuit. 但这个就错了,民事案件中,并没有规定说一定要请律师的,这样说明白了吧,自己稍微懂一点,完全可以自己起诉,自己打官司的。 However like certification fee was different, this is the necessary expenditure, no matter there is an attorney, to win must make this, therefore just like legal fee and other expenses, was undertaken by the unsuccessful party. 但是像公证费这样的就不同了,这是属于必要开支,不管有没有律师,要想胜诉都必须得做这个,所以和诉讼费等费用一样,是由败诉方承担的。 As for the exception, has such several types that can undertake by the unsuccessful party, the exertion contract cancellation power that for example we said that according to the judicial interpretation of Supreme Court, can undertake by the unsuccessful party...... 至于例外的,可以由败诉方承担的有那么几种,比如我们说的行使合同撤销权,根据最高法的司法解释,是可以由败诉方承担的…… Huo Pengfei started the operation aggressively, now the ministry of law people are many, the law that can go out to bring a lawsuit has many, not to mention each law is matching the assistant. 霍鹏飞紧锣密鼓地开始了操作,现在法务部人已经不少了,可以出去打官司的法务都有好多个,更不用说每个法务都配着助理。 Probably this type the notarization work, is done by the assistant. 像是这种出去公证的活儿,都是由助理来干的。 This busy was busy to the evening, Huo Pengfei looks to prepare the good evidence, on the face showed the satisfactory smile. 这一忙就忙到了晚上,霍鹏飞看着准备好的证据,脸上露出了满意的笑容。 Tomorrow can find the way to tread the artillery of horse dry/does! 明天就能想办法干踏马的一炮了！ …… …… Another side, in ox Xiufei goes home, leaves after the police station her cell phone has not stopped. 另一边,牛秀飞回到了家里,从派出所离开后她的手机就没停过。 „Hey, you call to do me, I said with you we have divorced, you ask him to go, which how would I know he is, I warned you, you dare to come me to report to the police again!” “喂,你给我打电话干嘛,我都和你说了我们已经离婚了,你找他要去啊,那我哪知道他在哪,我警告你啊,你再敢来我就报警！” „What he gave me money, he hit me daily, how to possibly give me money, that called the family/home the violent you unable to understand, money was the court sentences, you looked for the court!” “什么他把钱都给我了,他天天打我,咋可能会把钱给我呢,那叫家暴你懂不懂,钱都是法院判的,你找法院去啊！” „Do you have both one's parents to take care of? I manage you, is not my, hung!” “你上有老下有小？我管你呢,又不是我的,挂了！” Puts down the telephone, ox Xiufei relaxes, at least comes to see by the present situation is nothing issue. 放下电话,牛秀飞松了口气,最起码以现在的情况来看是没什么问题的。 All procedures are in any case regular, they divorced also bring a lawsuit. 反正一切程序都是正规的,他们俩离婚还打官司了呢。 As for that miss, ox Xiufei thought to be honest should sue, but no matter, her under the name of ex-husband reed Yunling does not have the half a point money not to say now, debt. 至于那个姑娘,说实话牛秀飞觉得应该是会起诉的,但是无所谓,现在她那个前夫芦云岭的名下没有半分钱不说,还有一屁股的债呢。 Went, how to win casually can. 随便去告呗,告赢了又能如何。 The people of bringing a lawsuit know, the lawsuit won, that means a start. 打过官司的人都知道,官司赢了,那只是意味着一个开始。 Can carry out successfully, that was two says. 能不能执行成功,那都是两说呢。 Without money, can the court also change to her disburses money? 没钱了,法院难道还能给她变出钱来？ Was the husband must suffer hardship, but did not have the means that this money really did not plan. 就是老公要受罪了,但是没办法,这钱是真的不打算还。 Depending on why must, does not render back the money to be able the auspicious day that the skill borrows, rendered back the money must the times of poverty. 凭本事借的为什么要还啊,不还钱能过好日子,还钱了就得过穷日子了。 But in telephone another head, in constructing to be able resigned-looking to put down the telephone, nearby wife asked: „What's wrong, hasn't the family member given?” 而在电话另一头,于建能一脸无奈地放下电话,旁边的妻子上来问道:“咋了,那家人还不给吗？” In constructing to nod, on the face full is depressed and agitated. 于建能点点头,脸上满是苦闷和烦躁。 „It is not, your such good-for-nothing? His family/home said that doesn't give does not give? Before I said that making you not lend money do not lend money, you were booing, said that what that was your buddy, was impossible to deceive you, now?” “不是,你咋这么窝囊废呢？他家说不给就不给了？以前我都说了,让你别借钱别借钱,你倒好,说什么那是你哥们,不可能骗你,现在呢？” „Taking advantage of so much money , or comes back , how don't you die?” “借出去那么多钱要不回来,啊,你咋不去死呢？” The wife said that was not one time twice, since had not wanted with Lu Yunling the asking for money result under before, after opposite party also his blacklisted, the life turned into the present this. 妻子这么说也不是一次两次了,自从之前和芦云岭要钱结果没要下,对方还把他拉黑了以后,生活就变成了现在这样。 Many time he wants to refute, he also wants to come back money, but does not have that face and wife quarrels, because was really he believed the opposite party at that time, went out money borrows. 有多少次他想反驳,他也想把钱要回来,但是却没那个脸和妻子吵架,因为确实是他当时相信对方,把钱借出去了。 Lending money time that said was too of pleasant to hear, anything, will not have given immediately absolutely, moreover is that good relations, said that hits the memorandum receipt, ended first to hit money, started to deceive laughing. 借钱的时候那说的太好听了,什么马上就还,绝对不会不给,而且还是那么好的关系,说打借条呢,完了先把钱打过去,就开始嘻嘻哈哈的糊弄了。 Only can blame him not to be clear at that time. 只能怪他当时没想清楚。 Ended the asking for money time to turn into the grandson, pursued asks for money not to say behind the buttocks, others will also exhibit an appearance: Did you also open mouth on this money with me said? 完了要钱时候变成孙子了,追在屁股后面要钱不说,人家还会摆出一副样子来:就这点钱你还张嘴和我说？ How wants to feel aggrieved, the fire came up in constructing to be able all of a sudden the going in kitchen to take the kitchen knife directly. 怎么想都觉得憋屈,一下子火上来了于建能直接就进去厨房拿菜刀了。 The wife hurries to block to say in side: „Why do you go? Do you take the blade to do?” 妻子在旁边赶紧拦住道:“你干嘛去？你拿刀干嘛？” „I trod going of horse to butcher that family member, then committed suicide, was good? Treads the horse, because this money I become this appearance now, how I can also!” “我踏马的去把那家人都宰了,然后再自杀,行不行？踏马的因为这钱我现在都成这个样子了,我还能咋！” In constructing to cry to shout there. 于建能在那里哭喊道。 The wife does not speak, two people are looking at each other, finally the wife came up to take the blade, in constructing to squat on the ground cries. 妻子不说话了,两人就这么对视着,终于妻子上去把刀拿了下来,于建能蹲在地上失声痛哭。 Really can say, because of such a matter, gave the destruction the entire life directly. 真的可以说,因为这么一件事,直接将整个生活都给破坏了。 Regarding the average per person yearly salary 1 million online, 100,000 are not anything, but to their family/home, 100,000 means that the couple needs to try hard very for a long time. 对于人均年薪百万的网上来说,十万块不算什么,但是对于他们家来说,十万块意味着两口子需要努力很久。 Finally, in constructing to be able the mood relaxed slightly, the wife opens the mouth saying: „This is not the means that their family/home clarified did not plan to render back the money, how we must consider to want.” 终于,于建能的情绪稍微缓和了,妻子开口道:“这样不是办法,他们家是摆明了不打算还钱的,咱们得考虑考虑怎么要。” „Or goes to them?” “要不就去告他们？” In constructing to think saying: „That considers, I...... I find the attorney, this matter and their family/home have not ended!” 于建能想了想道:“那就告吧,我……我去找律师,这个事和他们家没完！” ox Xiufei naturally does not know that side person who just telephoned even wants to go all out, this little while is busy at home, the son must come back in the weekend, this prepares ahead of time. 牛秀飞自然不知道刚刚打电话的那边的人甚至都想来拼命了,她这会儿正在家里忙着呢,儿子周末要回来,这得提前准备一下。 Time in shaking of Zhou resolute bed to the next day. 时间就在周毅大床的晃悠之中到了第二天。 Also is the happy night, Zhou resolute crawled from the bed, has a look at the law calendar, this day is good, suitable consultation, does not know that the week rookies can meet the case that likes today. 又是美好的夜晚,周毅从床上爬了起来,看看法历,这日子不错,宜咨询,也不知道周菜鸟今天会不会遇到喜欢的案子。 However yesterday evening they profoundly exchanged later were quite late, sent back not early. 不过昨晚上他们俩深入交流之后比较迟了,送回去就不早了。 Do not ask why must send back, because this they are that strange...... 别问为什么还要送回去,因为这俩人就是那么奇怪…… Huo Pengfei same very early, drove to arrive at Guangming District Court early. 霍鹏飞同样起得很早,早早地就开车来到了光明区法院。 Also does not know that is at heart the factor, this little while looked in any case the other attorneys in putting on record hall look like looking at the ground beetle. 也不知道是不是心里因素,反正这会儿看立案厅的其他律师就像是在看土鳖。 What our time doing is by the case interpretation classical case, what bid surface, this bid surface! 咱这次做的可是以案释法经典案例,什么叫牌面,这就叫牌面！ Other source teachers do, Huo Pengfei also does! 他方老师做得,霍鹏飞也做得！ Therefore arranged on lining up had a half hour to be one's turn finally. 于是就排队排了有半小时才终于轮到了。 Sits in the putting on record window, Huo Pengfei starts to take the material, with while said: „This is the first case, the name calls Lu Yunling 。” 坐在立案窗口,霍鹏飞开始拿材料,一边拿一边说道:“这个是第一个案子,名字叫芦云岭。” Inside staff received the material to look: „Minor injury, do you want the criminal private prosecution?” 里面的工作人员接过材料看了看:“轻微伤是吧,你要刑事自诉？” Huo Pengfei nods saying: „Yes, criminal private prosecution, supplementary civil compensation.” 霍鹏飞点点头道:“是的,刑事自诉,还有附带民事赔偿。” A sheep also puts in any case, two sheep also catch up, okay. 反正一只羊也是放,两只羊也是赶,就这么着吧。 The minor injury is to permit the criminal private prosecution, can succeed leave alone, first sued said again. 轻微伤是允许刑事自诉的,别管能不能成功,先起诉了再说。 Waits for the staff to tidy up the material, Huo Pengfei put out the second material. 等工作人员将材料都收拾好,霍鹏飞又拿出了第二份材料。 „This regarding former case beneficiary.” “这个是对于之前案件受益人的。” In this petition of appeal compensates Huo Pengfei to write are not many, because you will write were impossible to support, compensated two characters to look, main compensation person or right infringement responsible person. 这个起诉状里面的补偿霍鹏飞写的不多,因为你写多了也不可能会支持,补偿两个字就能看出来,主要的赔偿人还是侵权责任人。 If the infringer does not have the means to compensate, or does not have the infringer, that is undertakes by the beneficiary completely. 如果侵权人没办法赔,或者没有侵权人,那才是全部由受益人承担。 The staff looked a little to say one by one with amazement: „Are these two cases together the events? What's the matter, I thought that in this evidence said that the bride's side shouted the groom's family is a husband? Are the couples?” 工作人员挨个看了看有点惊讶道:“这两个案子是一起事件？咋回事啊,我看这这证据里是说,女方喊男方是老公？他们是夫妻吗？” Huo Pengfei said with a smile: „Before was, then I checked them to divorce last month, therefore now is not the couple by law.” 霍鹏飞笑道:“之前是,然后我查到他们上个月离婚了,所以现在已经不是法律意义上的夫妻了。” Regarding other anything, that does not know, legally only recognizes the marriage certificate in any case. 至于说其他什么,那不知道,反正法律上只认结婚证。 The staff put out to come to see the first self petition, stranger say/way: „Why your must sue this bride's side, wasn't she hit by the opposite party? Hits facing the street.” 工作人员又把第一份自诉状拿出来看看,更加奇怪道:“那你这为什么要起诉这个女方呢,她不是被对方打了吗？还是当街打的。” Helpless Huo Pengfei said: „Yes, she was hit, is she simply without thanks, on the contrary also thought that our litigants were hit getting what one deserves, this would have no means that did not sue is at heart uncomfortable.” 霍鹏飞无奈道:“是,她是被打了,可是她根本没有一点感谢,相反还觉得我方当事人被打了活该,这就没办法了,不起诉心里都不舒服。” „Such matter? Insane?” “还有这样的事？疯了吗？” Even the staff heard here to compel ignorant. 连工作人员听到这里都懵逼了。 „Is this, I am also curious their am what situation, hit may a point be heavy.” “就是这样的,我也好奇他们这是什么情况,被打的可一点都不轻。” The staff also asked two, is mainly the former, the criminal activity is very strict, however civil putting a case on file and beginning investigations only examines the form important document. 工作人员也就是多问了两句,主要是前者,刑事很严格,但是民事的立案审查只审查形式要件。 Waited to have the result some little time finally, two cases put on record completely! 等了好一会终于有了结果,两个案件全部立案！ Mainly is the evidence collection was too full, said that a conclusive evidence was not overrated, hits hit. 主要是证据收集的太充分了,说一声铁证如山都不为过,打了就是打了。 Must not be really good, but can also apply for the law enforcement recording instrument video of police station that side police time, the evidence were too plenty. 要实在不行,还可以申请派出所那边出警时候的执法记录仪视频,证据太多了。 Goes out of the court front door, Huo Pengfei felt that the whole body is light, Teacher side is also a person, can always surpass his! 走出法院大门,霍鹏飞感觉浑身都轻飘飘的,方老师也是人,总能超过他的！ But at this point, in side Dazhuang the law firm, the week is receiving a guest joyfully, generally this arriving shop's customers are the excellent customer, needs to receive well. 而在此时,方大状律所内,周欣然正在接待着一个客人,一般这种到店的客户都是优质客户,需要好好接待的。 „Mr. in, you said slowly, should not be excited, when you give the opposite party that 100,000, the account transfer record has, other, without the memorandum receipt words, what you chatted to record?” “于先生,您慢慢说,不要激动,你是在什么时候给对方那十万块的,转账记录有吧,其他的呢,没有借条的话,你们有没有聊天记录什么的？” „The personal information of opposite party you know that naming, the contact method is anything......” “对方的个人信息您知道吧,叫什么名字,联系方式是什么……” „Reed Yunling? Name was the wife's ox Xiufei?” “芦云岭？老婆叫牛秀飞？” Zhou Xinran blinked the half-day eye, these two names are quite familiar-sounding, probably was like the name that her chatting time said with some handsome young man yesterday evening. 周欣然眨巴了半天眼睛,这俩名字好耳熟啊,好像和某个靓仔昨晚上和她闲聊时候说的名字一样。 Today first, thank big brother writing idiot, the fat cat story big brother, another new big brother, thank hitting of brothers to enjoy, thanks. 今日第一更,感谢文痴大哥,肥猫物语大哥,又一个新手大哥,感谢兄弟们的打赏,谢谢。 Moreover, are fellow book friends the deity? This way the numerous planned writing a book! 另外,各位书友都是神仙吧？这样下去众筹写书了啊！ ( This chapter ends) (本章完)