Chapter 330: It Was Already There, You Just Didn't Look
"Case Interpretation," the kind that Lawyer Fang used to do.
Although we are not a case law system but a written law system, that does not mean precedents have no significance for judicial judgments.
No one expected that when public opinion was boiling to such a point, the Guangming District Court would remain silent, while the Supreme People's Court would stand up to issue such a message.
Of course, the Supreme People's Court did not issue this case alone; the Supreme People's Court produces "Case Interpretation" classic cases in every issue, and the selection of cases is not limited by time. For instance, this issue contains as many as three cases.
The first is the case of Zhou Yi and Qiyi Company regarding Paid Advanced On-Demand, and the second is a case that occurred in Hannan, which also pertains to the application of newly added clauses in the Civil Code.
That is, the issue that was criticized by many in the past: "If you don't charge money for giving someone a ride and an accident occurs, you still have to pay full compensation."
Many people's most direct and simple understanding is: I was being kind, so I let them hitch a ride, and now that a car accident has happened, I have suffered great losses myself, and I still have to pay them full compensation?
No matter how you think about it, it feels wrong.
And the new Civil Code has added relevant provisions for "Good Samaritan Ride."
"Where a traffic accident occurs involving a non-operating motor vehicle and causes damage to a gratuitous passenger, if the motor vehicle party is liable, their liability for compensation shall be reduced, unless the user of the motor vehicle has intentional or gross negligence."
This provision directly establishes the compensation liability after a "Good Samaritan Ride" accident from a legislative perspective.
But note here, it is "shall be reduced" rather than "shall not pay"; you still have to pay, but you don't have to pay everything; it can be reduced.
And this time, such an incident happened to occur in Hannan, which is the first of its kind nationwide, so it was released by the Supreme People's Court as a "Case Interpretation" classic case.
As for the third one, that is Wang Wucheng's divorce case, which is also the latest application of the Civil Code after the amendments to the provisions on marriage and family!
In the words of the Supreme People's Court, this case is the first "Marriage Fault Compensation Case." In the past, even if one party was at fault in a marriage, it had little impact on property division at the time of divorce, or one could even say it had basically no impact.
Of course, if you insist, there were actually some cases, such as when someone committed the crime of bigamy or cohabited with others, there might have been some Mental Damage Compensation.
Not to mention how difficult it is to collect evidence in such matters, just talking about bigamy or cohabitation with others, it is really hard to say in such situations.
Because we all know that cheating, adultery, one-night stands, prostitution, and Domestic Violence are actually the most common causes of problems in marriage.
This is also a point that many people criticize, saying that in ancient times, if adultery was discovered, one would be drowned in a pig cage, but in modern society, despite all kinds of cheating, property is still divided as usual; this really makes no sense!
And note, what was mentioned here was also Mental Damage Compensation, because the original Marriage Law and relevant Judicial Interpretation did not stipulate that the at-fault party would receive less property.
But the new Civil Code has new provisions regarding marriage and family; the at-fault party, not to mention being forced to leave with nothing, will truly receive much less property.
Seeing this, you can understand that the Supreme People's Court will not care about your petty squabbles; the point of them picking out this case as a "Case Interpretation" classic case is the at-fault party, not the determination of Domestic Violence.
Regarding the determination of Domestic Violence, there are specialized laws for that. It can be said that this is a law that many people who keep "Domestic Violence" on their lips rarely read, which is the Anti-Domestic Violence Law released a few years ago!
It contains detailed provisions on what constitutes Domestic Violence...
Under such circumstances, releasing such news naturally stunned the onlookers on the internet.
Especially those who were stirring up trouble on major platforms; after a brief wait, they started charging at the Supreme People's Court's account directly!
"This is the Supreme People's Court? Jumping out to take sides, right? I just want to ask one thing: why don't you explain the point of this matter? What exactly did that girl do wrong? Since when can the other party voluntarily handing over their salary be considered Domestic Violence? Please explain directly!"
"Yes, please explain directly, instead of using such specious words to brush us off. We only want the truth. We just want to know how you define Domestic Violence. On what grounds can this be Domestic Violence!"
"That girl's father is now going to jail too. The land where the flower of evil blooms..."
"Please explain directly!"
Behind that were long strings of "Please explain directly," which looked very reasonable and well-founded. Our focus is Domestic Violence; what on earth are you talking about?
And audience members of Zhou Mouren like Yuan Jie were also dumbfounded after seeing the Supreme People's Court put out the "Case Interpretation."
"Holy crap, the Supreme People's Court actually took sides for Lawyer Fang? Three 'Case Interpretation' cases, and two of them are Lawyer Fang's cases. Is this the power of a big lawyer?"
Yuan Jie was already stunned. Of course, even audience members like her did not carefully distinguish the focus of both sides. It can be said that everyone reads the news according to their own mood.
But just by thinking about it, one knows that the Supreme People's Court really wouldn't go out of its way to create a "Case Interpretation" just to respond to such a trivial matter; they really aren't that free...
Then, very quickly, Yuan Jie was even more shocked; those people actually went to charge at the Supreme People's Court!
It was too exciting, truly too exciting. I had heard before that some brainless fans, for the sake of their idols, could charge at people selling green rice balls or running restaurants, with the phrase "Even if you are against the whole world, we will support you" always on their lips.
At the time, I thought it was ridiculous, but I didn't expect there to be something even more ridiculous.
In Jingzhou, Xia Ziyan naturally saw this news and was equally dumbfounded. She had already found a lawyer from another city during this period, but as soon as the person heard that fifteen days had passed since the First Instance judgment, they told her directly not to even think about it.
In the other party's words, the Judgment has already taken effect, Miss; even if you search to the heavens, it is impossible to Appeal again...
At the time, Xia Ziyan still felt that being a day or two late shouldn't matter and argued with the person, but the person just hung up the phone and didn't pay her any mind at all.
Don't laugh; those who work as lawyers or as beasts of burden in the Court should understand very well that there are no most ridiculous clients, only more ridiculous ones; the bottom line is broken through time and time again.
As a result, now, seeing those people on the internet who seemed even more agitated than she was, Xia Ziyan became a bit worried.
She is not stupid, just her train of thought is a bit abnormal, but after going through Detention and her father facing sentencing, she also recognized the authority of the Court!
As a result, now, the Supreme People's Court comes out to popularize the law, and it actually gets charged by those people, and all of them are doing it under her banner, constantly saying how pitiful that young lady is...
But the key is, I am not thinking about opposing the Supreme People's Court right now!
Naturally, using words like "charged the Supreme People's Court" to describe them is giving them too much face; the Supreme People's Court wouldn't care about such things at all, as there are too many famous lawyers on the internet.
For example, a guy called "Lao Fang Shisanhao" stood up directly and used very simple words to clarify the issues involved.
"Just a passerby, I just find it unpleasant. Regarding the determination of Domestic Violence, we have long had detailed regulations. I don't understand why, when there are legal provisions, they must make the Supreme People's Court explain. This obviously does not need explanation."
"The focus of the legal popularization is the issue of property division for the at-fault party. You people who want to charge at the Supreme People's Court, you wouldn't want your own significant other to still be able to divide property as usual when they cheat, have affairs, or visit prostitutes, would you?"
This guy was using the name of a pure passerby, but the words he said hit the nail on the head, because it is very obvious who this legal popularization is better for. Under such circumstances, you actually want to charge at them?
This is simply unreasonable, you know!
Although this guy was a pure passerby, what he said was truly sharp, so in a very short time, the popularity began to soar, and many people who had followed the charge saw it and instantly woke up.
In Modu, Xiao Ai, who had just been working for a year, was typing non-stop on her phone.
She was one of those who wanted to charge at the Supreme People's Court, and she was also a loyal user of the Big Green Book, having chatted with Xia Ziyan quite a bit.
Because of many reasons, her personality was quite extreme.
She just felt that what those sisters said was very right: Do we need you to say this? Do we need you to translate for us what the hell is called Domestic Violence?
"We just want the truth, is that wrong? Can Domestic Violence be determined so easily? If that's the case, who in the family would dare to let their man hand over his salary in the future!"
After retorting to someone else, Xiao Ai finally saw someone tag her, telling her to go read an article.
Read it then, she thought. She quickly found that article, and after reading it all the way through, Xiao Ai froze right there.
This, this domestic violence actually already had specific laws?
She felt her face flush red all at once; after all, apart from those specifically trying to stir up trouble, other people could always understand a bit of reason. They had stormed the Supreme People's Court, insisting that the other party should provide the truth.
As it turned out, the truth had long existed; she just hadn't paid any attention to it at all.
She looked at the promulgation date of this law: six years ago...
She had only started paying attention to domestic violence in the last two years, and she would bring it up on all the major platforms, always believing that domestic violence was just men hitting women.
As a result, now, she didn't even know there was a specific law for domestic violence.
Xiao Ai silently began to delete her previous comments; what need was there for the truth now?
That article by the "pure passerby" was like a guiding light, telling everyone how to refute such issues when they encountered them.
There was no need to suspect it was fabricated, because the laws listed inside could be found with a simple search.
It could be said that this "pure passerby" had used their own strength to elevate online debates to a new level.
So much so that in the following few days, the topics everyone discussed were also incredibly high-end, filled with all sorts of legal terminology.
Those people who had previously stormed the Supreme People's Court had their accounts dug up; now, those who could delete their accounts did so, and those who could run away fled.
Zhou Yi no longer concerned himself with the online clamor, and he wouldn't manage what Wang Wucheng and Xia Ziyan would do in the future either. From beginning to end, he had only helped introduce a Lawyer whose name seemed not to have been mentioned for a long time.
Family matters are the hardest to handle; you might think you are doing it for their own good, but who knows, they might just cry and complain a few times and then go right back, so no one can say for sure, although there is basically no possibility for those two anymore.
It was just that Fang Dazhuang could intervene in the capacity of a Lawyer, but he, Zhou Yi, could not get involved.
Sitting on the huge sofa at home and looking at that article by Fang Dazhuang, Zhou Yi couldn't help but laugh.
"Pure passerby"—after this article, the term "pure passerby" had truly been completely ruined.
Those previous "pure passersby" would carry a strong air of taking sides the moment they opened their mouths, but this time, the "pure passerby" was a direct crushing victory.
Zhou Yi didn't want to worry about anything else now, because he discovered that the Slow Application on his phone, which he had uninstalled, had damn well appeared again!
This time was different from last time; last time, one could find the app on the desktop. He remembered that he had indeed clicked uninstall at the entrance of the Court, and he had even screen-recorded it.
As a result, today, while browsing a certain webpage, it suddenly popped out, still full of ads just like last time, and it inexplicably started downloading some things.
For example, small videos on the webpage; he saw one he liked and clicked in to watch it, but as he was watching, it kept reminding him that it had already started downloading such-and-such video!!
It scared him into exiting immediately, only to find that the download was still continuing, and he didn't even know where the downloaded items were...
It was annoying. What made Zhou Yi very curious was, what kind of sacred entity was this Slow Application, and why couldn't it be uninstalled? It felt a bit like rogue software.
In the past, there would often be rogue software on computers, the kind that couldn't be uninstalled no matter what. Every time you thought you had successfully uninstalled it, you would find it still there the next time you turned the computer on.
It was just that you couldn't find the place to uninstall it, and could only discover such a thing through background processes.
And modern smartphones are even more advanced. You want to clean up certain content?
Easy, download a certain cleaning app. As a result, the cleaning app was downloaded, but not only could the previous content still not be deleted, this cleaning app itself couldn't be deleted either...
Then it would remind you that you could download some kind of manager, and after the manager cleaned for a long time, the manager couldn't be deleted either.
The resulting consequence was a bunch of rogue software on the phone, lagging like a dog on a daily basis.
And Zhou Yi was now very curious about what this Slow Application actually was. He classically opened Baidu to search, and then discovered that this was a new type of application ecosystem launched by several major mobile phone manufacturers: no download required, use it as soon as you click.
However... behind this content was a pile of searches: "Is Slow Application rogue software?", "How exactly to uninstall Slow Application?", "About to be driven crazy," and similar remarks.
So, after clicking uninstall on the desktop, this thing actually hadn't been uninstalled?
Zhou Yi went to search again. One has to say, there really are many experts online; under the topic of how to completely delete "Slow Application," there were quite a few suggestions.
However, no matter how he thought about it, it felt a bit annoying. The emergence of smartphones has greatly facilitated our lives, but now, inexplicable ads and frequent pop-up downloads—are these really to facilitate life?
Today's update is here. The backlog has reached 120,000 characters... QAQ
Thanks to Manbo, Wenchidage, Feimaowuyu, Youji-da, Book Friend 2020, Another Newbie, Lestrade, and thanks to the brothers for the tips, thank you.
(End of this chapter)
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