Chapter 353: End-of-month reflections and beginning-of-month request for votes!

End-of-month reflections and beginning-of-month request for votes!

End-of-month reflections and beginning-of-month request for votes!

Another month has passed. Needless to say, the update speed is dragging; I updated 200,000 words in thirty-one days, which is 20,000 fewer than last month. Ever since I went back to work, it's been so little... I've been a salted fish for two months, but I really can't be a salted fish in August.

We agreed previously that I would chat about some relevant regulations in the summary, so let's chat about them while we're at it.

The case of Qiyi Company is actually very similar to the previous cases; it's the issue of Standard Clauses, or what we call Bully Clauses, which are all sorts of things that make you spend money. What's involved here is the part of the Civil Code regarding Standard Clauses. It sounds very simple: a Standard Clause cannot increase the other party's liability, nor can it exempt one's own liability, and even less can it exclude the other party's rights. However, in real-life cases, many such situations exist, and there are even cases where a Standard Clause directly stipulates that this clause does not apply to certain articles of the Civil Code. Of course, they have all been dealt with; now, such blatant situations are relatively rare.

This kind of situation also belongs to those where it is difficult for an individual to seek Legal Aid; the costs are high, but the returns are low. The Legal Aid cases that can be found in reality are all handled by lawyers. And as I mentioned before, the biggest cost is actually time. The biggest cheat code given to the protagonist in this book is not some system, but time. In reality, how should I put it, a Criminal Private Prosecution case, including the time to file a Lawsuit and request personal identity information, you shouldn't expect to finish it in less than two or three years.

Then there is the legal issue of Skipping the Agent in real estate. The provision in the Civil Code is this: after a principal accepts the services of an agent, if they use the transaction opportunity or intermediary service provided by the agent to bypass the agent and directly conclude a contract, they shall pay remuneration to the agent.

It looks very simple, and many people can interpret it according to their own ideas, so many agents will interpret it incorrectly. Accepting the services of an agent—what counts as accepting services? You see, I took them to see the house; does that count as accepting the agent's services? Then, using the transaction opportunity provided by the agent—I took them to see the house, so I provided them with a transaction opportunity—and then they bypass me to sign a contract, so they have to pay me remuneration. It seems there's no problem, right?

But the law is not interpreted that way. The Civil Code must embody the principles of fairness and equality. Because you took them to see a house, the other party is not necessarily obligated to buy it from you; this in itself is unfair. Moreover, your property listing is not exclusive—exclusive listings are not that easy to get—not to mention that service is not just about viewing the house; it includes a whole series of service processes.

In reality, I'll give everyone some advice: be careful when finding an agent to buy a house. You must look closely at things like house viewing confirmation forms. Don't sign what you shouldn't sign to avoid trouble and disputes. If you find the same property listing through different agents online, pay attention to keeping evidence. How to keep it? The simplest way: chat with the agent for the property listing that is currently appearing before you, and say that you saw this house through them. Don't say anything else, like having looked at it with another agent before. You can say that privately after meeting, but don't say it in a situation where evidence can be left behind.

Likewise with chatting, remember that trouble comes from the mouth.

Then there is the one about blocking the keyhole. We have mentioned it many times; three times is a very mysterious number. Whether it is Theft or Intentional Damage to Property, etc., it is always three times. Even for Picking Quarrels and Provoking Trouble, if the aforementioned behavior occurs three or more times, it will be aggravated... However, it is not easy to operate in reality. If you really want to send someone in through such methods, you need a lot of patience. If they do it twice and then stop, you have essentially wasted your effort.

For unruly children blocking the Elevator or pressing buttons randomly, the crime applicable in this plot is the Crime of Intentional Destruction of Property, which is a very idealized situation. In reality, it is certainly not like this. If you want to be serious in reality, I can provide a case for everyone: find the child's school and the parents' workplace. The former is still okay, but the latter is very difficult to operate, and it requires them to be in school. For those not in school... emmm, good luck. If you really want to file a Lawsuit, you can, but remember, it must be under the right conditions. I do not recommend rushing to file a Lawsuit just to vent your anger. It is best to consult a Lawyer; at least you will know what evidence needs to be secured. This is not a question of whether it is worth it or not; it is a question of reality.

And then, health product fraud. The legal provision is the Criminal Law's provision regarding Fraud, which is the act of obtaining a relatively large amount of public or private property with the purpose of illegal possession and by means of deception. These can be found by searching on Baidu; it is very easy. Fraud and Civil Fraud must be distinguished, especially the Transaction-type Fraud we mentioned. Is it ultimately to swindle money or to make money? All kinds of fabrications—that is swindling money. If there is an actual product but it is exaggerated, that is trying to make money, but you can file a Lawsuit for the False Advertising Crime.

What needs to be written about emphatically is labor and consumption. Many book friends who ask me on QQ want to know how to secure evidence regarding labor and consumer Legal Aid, as well as their actual situations—that is, what to do if they don't have this evidence.

To be honest, let's take labor disputes as an example. In the novel, I wrote it very simply—it really is very simple, with very few twists and turns. The most important thing for the protagonist is sufficient evidence. However, in reality, it is not so ideal. The most important thing is evidence. Here, we need to pay attention to things in our daily lives. First, when signing a contract, you must pay attention: according to regulations, the employer and the Employee should each hold a copy of the Labor Contract. If they give you various reasons not to give you the contract and fob you off with company regulations, then that is a bit problematic, and you need to be careful. Keep your daily work clock-in records, attendance records, chat records with your superiors mentioning work hours, wage payment vouchers, various insurance payments, and the application form filled out when joining the company. If you have the idea, take a photo; it's not a hassle.

Also, business trips required for work, reimbursements, and email correspondence can all count as evidence of your work. Pay attention to attendance records; attendance records without your signature don't count. Even if the company brings them out, they don't count; they must have your signature.

Remember one point: any record that can prove you have worked at the company can count as evidence. A single piece of evidence might not be strong enough, but gathering these things together is enough.

Let me say one more thing: social security. As long as there is a labor relationship, it must be paid. Note that it is a must. Even if it is labor dispatch, the dispatch company must pay social security. It's not that some can be paid and some cannot; there are no exceptions to this.

Then there are the legal provisions regarding consumers, the application of Return One Compensate Three. Simply put, it is when the other party has a situation of intentional fraud, and this fraud is sufficient to mislead you. Of course, it is not infinitely applicable because this thing is called Punitive Damages.

For example, there is a case where a company sold a food processor, and in the promotion, it said the screen was 6.5 inches. As a result, after buying it, they found it was 5 inches. The buyer was unhappy and filed a Lawsuit demanding Return One Compensate Three. But the Court ruled like this: the screen size is not the main function of the food processor. Although it does not match the reality, it will not cause the buyer to be misled, so there is no fraudulent behavior.

However, the physical appearance did not match the promotional appearance, so they supported the refund, but did not support the compensation of three times. That is to say, intentional fraud must be in the main aspects of the product or service, sufficient to cause you to be misled into buying this thing, for Return One Compensate Three to apply.

Return One Compensate Ten is for the food sector. If the production and sale do not meet food safety standards and cause an impact on the body, Return One Compensate Ten applies. Regardless of whether the other party has fraud, as long as the food they produce does not meet safety standards and causes an impact on you, Return One Compensate Ten can be applied.

Then there is the classic Reversal of Burden of Proof, which we have explained in detail in our book, so I won't say more here.

Alright, in a blink of an eye, it's almost two o'clock. Lao Zhou has stayed up late again. This was written casually, and some parts are not perfect. I hope everyone understands.

A new month, everyone, throw your monthly votes over here!

(End of chapter)