Chapter 398: Since It Is Hard to Say, Then Don't Say It

For Xu Zhuren, this matter was no less than a bolt from the blue; this is actually the interesting part of many similar litigations nowadays.

When Zhou Yi and Fang Dazhuang were chatting, they had once mentioned the issue of Administrative Litigation.

Although in legal terms, Administrative Litigation might not be discussed much, it is still a very important component within our country's legal system.

One could even say that this is an indispensable part of our construction of a society ruled by law!

This is also one of our important methods of external supervision!

Correspondingly, Administrative Litigation has naturally gone through many developmental processes along the way, and Fang Dazhuang once told Zhou Yi a story that sounded very fake.

It said that one day, because of a certain issue, a villager sued a provincial-level administrative organ, and then, the Court certainly had to serve a Summons, so who from the other side should appear in court to respond?

As it turned out, the court staff member responsible for the service was a bit "ignorant," thinking to themselves, when we sue a certain institution or a certain Company, the Civil Complaint will always have the legal representative of this company written on it.

Then suing an administrative organ must also require the person in charge, right.

And so, they wrote down the person in charge of the provincial-level administrative organ...

Then the matter blew up.

This is, of course, a joke, and in reality, court staff would certainly not do this, but likewise, for various reasons, the development process of Administrative Litigation has always been very slow.

Most importantly, some problems need to be solved, but if you cannot see the relevant personnel, your Administrative Litigation has no meaning.

So, a few years ago, the Supreme People's Court issued a corresponding notice, which is the "Notice of the Supreme People's Court on Several Issues Concerning Responding to Administrative Litigation."

The main content of this notice is that for major "people suing officials" cases, the person in charge of the administrative organ must appear in court to respond!

That is to say, for major cases, your person in charge needs to come; both the primary person in charge and the deputy are acceptable.

And for those that are not major, you also cannot just send a Lawyer to appear in court like before; your staff must also come.

And in practice, it is generally the staff of the legal affairs office who appear in court.

In the end, it is still the Legal Person who bears it all.

And this Lawsuit, although it is a Civil Dispute, as the person in charge of the branch, Xu Zhuren's name was naturally written on the Indictment.

Therefore, looking at the materials in his hands, Xu Zhuren felt his heart skip a beat.

The key is that he racked his brains and could not think of any bank that had been sued for a similar cause of action before him!

Of course, Fang Dazhuang could testify for him that there truly had not been one; this is your first time, so you must feel very honored, right!

Indeed, this is a Civil Litigation, and he only needs to entrust a law firm to appear in court, but why is it such a coincidence that while he was accepting an interview, the Summons was delivered!

Yang Xiaohong opposite him was also a bit stunned; although such interview reports are routine matters where everyone is happy, there was no need to do this, right!

How am I supposed to write the report after I go back like this...

For a moment, Reporter Yang even thought the other party did it on purpose; after all, this looked too coincidental, so coincidental it was like it was written.

Facing Yang Xiaohong's curious but pretending-not-to-see gaze, Xu Zhuren said with a flushed face: "Ahem, well, Reporter Yang, it's just bad timing today, this... I really don't know what's going on."

"Is it because of the credit report issue?" Yang Xiaohong asked.

Xu Zhuren didn't speak, and Yang Xiaohong immediately reacted: "Xu Zhuren, this certainly won't be reported."

Given the relationship between the two sides, it was impossible to expose this matter.

Xu Zhuren was of course relieved, and the other staff members also stopped; the two sides began to chat idly.

"It is just the credit report issue, I really don't know how to put it; the credit report is wrong, but the reasons inside are very complex and belong to historical legacy issues. To just come up and ask us to change it, how are we supposed to change it?"

"As a result, just because of this, they actually sued us, saying we infringed on her Right of Reputation. Reporter Yang, do you think this can even be stretched to the Right of Reputation?"

Yang Xiaohong didn't know much either, only saying: "I feel like the Right of Reputation is being abused a bit nowadays, just like that A Yi on the internet, look at how many people he has sued."

Zhou Mouren has many supporters on the internet, and those who hate him are about the same as those who support him.

Because some people are annoyed, why is it that every time there is news about you, it's suing this or suing that, sending this one in or that one in.

Why are you the one with so many issues?

Why do others never sue, and why do so many people provoke you?

To use an even uglier phrase, you even dare to mess with Right of Reputation infringement now; I don't even dare to imagine the future!

Xu Zhuren nodded and said: "Right, many young people nowadays, they sue at the drop of a hat, file a Lawsuit, flip the table; why don't they think, everything takes time."

"I have also been pushing it, and I never told her it couldn't be changed, but she went and sued anyway. People in the past were better, simple and honest; look at what these young people have become now."

This is also what many business people sigh about nowadays: what is wrong with young people today, they talk about money every other word!

If you ask them to work overtime, they don't do it properly and want to calculate overtime pay; ask those old Employees from the past, do they know what overtime pay is?

The Company has provided you with such a good platform and has also made money for you, what else do you want!

After venting fiercely, he finally dissipated a bit of that depression in his heart.

Manager Le had already walked in and was listening quietly on the side; he also found it unbelievable now that the girl named Fang Xiaoying really went to file a Lawsuit!

It is simply inconceivable; there have been people who came to argue because of credit report issues before, but no one had ever taken the legal route; generally, it could be solved at the People's Bank of China.

Now, there is no news from the People's Bank of China, but instead, a Summons has come from the Court...

"Xu Zhuren, what do you think we should do now?" Manager Le waited for the other party to finish speaking before opening his mouth.

"What to do? Let them prepare to change it, do it faster, try to finish this work before the court session, and then settle and withdraw the Lawsuit; it's really troublesome!" Xu Zhuren said gloomily.

In everything, one fears being serious; this seriousness is actually being pedantic.

Muddling through, talking about face, discussing emotional intelligence, knowing how to speak—these are all things the older generation taught the young.

But many young people today extremely hate this culture; if there is a matter, just talk about the matter; since there are rules, then follow the rules. What is the use of saying so much irrelevant nonsense!

Even now, Xu Zhuren's thought is still: why am I so unlucky to run into someone who doesn't follow the rules.

Manager Le nodded, and that was all they could do.

Many situations are actually similar, such as returning goods for a refund, or other things; if you are not pedantic, they will drag it on for you forever, dragging it out one day at a time.

Manager Le soon went out to prepare to notify people; as long as this matter can be suppressed, it is nothing. When the time comes to settle and have the other party withdraw the Lawsuit, it will be fine.

Who would have known that someone would have been so pedantic.

Fang Xiaoying, who had already walked out of the bank, really felt incredibly refreshed at this moment!

She had never felt this satisfied even when she first checked her college entrance exam scores.

She had basically met many of the staff members at this bank, but they would always put on an act of not knowing anything, and she had to explain for a long time every time she came.

Moreover, they would say at the drop of a hat that what you were doing didn't comply with regulations, but if you asked them to produce the regulations, they couldn't.

As a result, now that the court police had served the Summons, many people were stunned.

That expression clearly read: This matter can actually be taken to a Lawsuit?

In our daily lives, such instances of being this serious are too rare, let alone actually filing a Lawsuit over a credit report issue; in many people's eyes, this is truly inconceivable.

Just at this moment, the cell phone rang.

Fang Xiaoying looked at it and said, "It's that Manager Le."

Zhou Yi smiled from the side and said, "Answer it, put it on speaker."

These are all top-tier materials; they absolutely cannot be wasted.

Since making videos until now, Zhou Mouren knows better than anyone what everyone wants to see.

They just want to see those who were arrogant beforehand, saying "sue me however you like," only to end up begging for Mediation in various ways after receiving a Summons; really, even watching it many times is not enough.

The call connected, and Manager Le's voice sounded from the receiver: "Hello, is this Student Fang? I am the manager of the branch here, surnamed Le. We have spoken on the phone before and chatted as well."

"Oh, Manager Le, I remember you. Is there something you need from me?" Fang Xiaoying replied.

"Student Fang, do you have time? If you have time, let's meet up and have a chat. I feel there is some misunderstanding between you and our bank."

Hearing this, Zhou Yi spoke up: "Manager Le, I am Fang Xiaoying's brother. We have met before too. Is there something you can't say over the phone?"

"It is indeed not easy to say over the phone..."

"Then there is no need to say it. Thank you."

What kind of attitude is that, wanting people to indulge you? "Not easy to say over the phone"—if it's not easy to say, then don't say it; it's as if someone is begging you to speak.

Fang Xiaoying didn't speak; she felt there was still a lot she needed to learn.

Look at how President Zhou said that; it was so satisfying!

What the hell? Hearing the other party's tone as if they were about to hang up, Manager Le suddenly became anxious.

Young people don't play by the rules; I'm here trying to negotiate with you.

"Eh, don't, don't, don't. Mr. Fang, right? Actually, it can be said over the phone. You see, we have already received the Summons. We really didn't expect that Student Fang would actually choose to file a Lawsuit at the Court over such a small matter."

"So I came to explain to you that it's not that we are intentionally not processing it. Our Xu Zhuren has also been constantly urging, but to change a credit report, the procedure must be completed."

"And because of this, we are now..."

Fang Dazhuang was originally just watching the fun; he had seen such scenes too many times, so he didn't care.

But hearing this, he couldn't help but say: "Get to the point."

Before Manager Le could react, Fang Xiaoying, who was beside him, seized the opportunity: "Manager Le, the one who just spoke is my father."

Ah, this... Fang Dazhuang looked at Zhou Yi, a certain smile suddenly appearing on his face.

Poor Zhou Mouren had no way to explain right now; he could only glare at Fang Xiaoying and then continued: "Why did you stop? Didn't I tell you to get to the point?"

Manager Le's words were interrupted, and hearing that Fang Xiaoying's father had popped up on the other end, he was a bit at a loss now. The whole family is out to seek Legal Aid?

"No, Elder Fang, I am just explaining... Beep, beep, beep."

The call was hung up directly by Zhou Yi. If you are told to get to the point, get to the point; who wants to hear any explanations?

The explanation is that you were wrong, but after being approached countless times, you still didn't resolve it.

"Let's go, find a place to get something to drink!"

Sitting in the coffee shop, Fang Xiaoying apologized quickly. Her mouth had been faster than her brain just now; only after she finished speaking did she realize that she had skipped a generation.

Although Fang Dazhuang was a bit older than Zhou Yi, he hadn't skipped a generation.

Zhou Yi waved his hand to show it didn't matter. Then, Fang Xiaoying saw Fang Dazhuang's maneuver; watching that coffee with added vinegar being drunk, she couldn't help but swallow her saliva.

Although she didn't drink it herself, she could still feel that sourness...

In this atmosphere, Fang Xiaoying's phone rang again.

"Hello, Student Fang, and Mr. Fang, and Elder Fang. This is indeed my problem; I shouldn't have said so much nonsense. Now what I want to say is that our Xu Zhuren is already keeping a close eye on this matter."

"And then, it is estimated that in another period of time, the modification can be completed. The suggestion here is to see if we can reach a Mediation and withdraw the Lawsuit..."

"If you don't believe it, we can show you the progress; it really can be modified very soon."

Hearing this, Zhou Yi said: "Manager Le, it's too late. Now that you want us to accept Mediation and withdraw the Lawsuit, it's not something that can be solved just by changing the credit report. Since you have already received the Summons, you should know our demands."

"If you do as requested above, we will accept Mediation. If you can't do it, then let's continue the Lawsuit."

Hearing this, Manager Le almost exploded. Damn it, we are now willing to change it for you, and you still won't accept it?

Forcibly suppressing his anger, Manager Le said: "Mr. Fang, right? Regarding your demands, the first item is to stop the Tort, which is to remove the bad credit information. This is easy to handle; we are doing it now."

"But what is the second item? You are directly asking for 20,000 yuan in compensation!"

There was one thing Manager Le didn't say out loud: You really have the nerve to ask for so much money!

Is this a joke? How could there be such compensation!

"Mr. Fang, 20,000 yuan. Let's not even talk about this number; whether it should be paid or not are two different things. There have been credit report recording errors in the past, but there has never been any compensation!"

"This is unreasonable, you know? No matter which bank or financial institution it is, it's like this. There has never been a rule that one must pay compensation just because a credit report was recorded incorrectly, you know! There is no such rule!"

"Let alone such a large amount; this can't even pass the audit, okay? Besides, even if you look at it from a legal perspective, it doesn't make sense!"

Don't look at how banks deal with money every day, talking about millions, tens of millions, or small goals, but asking for 20,000 for this kind of Tort compensation—are they crazy about money?

Zhou Yi chuckled and didn't speak. Fang Dazhuang, who was beside him, had already spoken: "Just because it has always been this way, does that make it right?"

"Have you ever thought about it, Manager Le? There has never been such a rule, but is it possible that it's just that you yourselves think it doesn't need to be paid?"

Fang Xiaoying looked left and right from the side, feeling that President Zhou and Fang Dazhuang really had great chemistry; even the Debate was coordinated so well.

They didn't even need to signal; whatever the issue was, they would take the initiative.

"As for the legal side, I believe the Indictment has already stated it very clearly. Of course, if you still don't understand, I can explain it to you. What is the Right of Reputation? The core of this right lies in..."

He actually started lecturing!

Zhou Yi had a habitual expression on his face, while Fang Xiaoying beside him was nearly going crazy; she felt that if she were Manager Le on the other end, she would have been crying and laughing all at once by now.

What is called hardcore? This is called hardcore; Lawyer Fang started from the origins of the Right of Reputation, breaking down and dissecting the core essence of this right layer by layer, link by link.

He was not at all worried about the other party knowing his points of argument.

And inside the bank, Manager Le wanted to interrupt several times, but she couldn't; for a moment, she even had the illusion that this father of Fang Xiaoying looked a bit like a lawyer...

Finally, taking advantage of the moment the other party was drinking something, Manager Le hurriedly said, "Alright, alright, that Mr. Fang, could you please stop explaining the law to me?"

"The problem now is that your demands are simply impossible to achieve, including the third item, asking us to issue a public apology; that is also impossible, completely impossible!"

Because the third item actually said to have the Feiyue Bank Fukang Branch issue a public apology in relevant media!

This is simply impossible; the reason why the bank wants Mediation is precisely because they don't want to blow things out of proportion, as the resulting public opinion impact might lead to a slap from the bosses above.

And yet you still ask for a public apology; where would that leave our face!

According to Manager Le's understanding, even if Xu Zhuren wanted to do this, there would be no way.

Fang Xiaoying looked at Lawyer Fang; she had never experienced such things as Debate and negotiation, so when the other party said such things with such finality, she felt a bit at a loss.

And at this moment, Lawyer Fang smiled.

"Manager Le, there is nothing absolutely impossible in this society; the existence of the Court is to turn the impossible into the possible; otherwise, why would we need Compulsory Execution?"

A single sentence, like a sudden enlightenment, left Fang Xiaoying stunned and left Manager Le speechless for a moment.

That's right, don't just go around saying this is absolutely impossible; we also know that if we want to talk to you, that is certainly impossible, but the Court's Compulsory Execution is what makes the impossible possible.

For other people or legal entities, it is still possible to transfer assets, set up a shell company for you, and have the relevant personnel run away directly, making it impossible for the Court to execute.

But what can a bank do? They haven't committed any crimes, so it's certainly impossible for them to run away, and transferring assets is even more ridiculous.

So Manager Le fell silent; he didn't know what to say, as every sentence from that man on the other side seemed to strike right at his heart.

Seeing that the other party was not speaking, Zhou Yi stepped out to summarize: "Alright Manager Le, since you are unwilling to talk, then let's not talk; we will just proceed with the Lawsuit according to procedure."

After finishing, he hung up the phone, then looked at Lawyer Fang, and the two of them immediately burst into loud laughter.

We are now being unforgiving while in the right; why should we forgive when we are in the right?

How did others do it in the past, and why must we forgive?

As for saying that if we encounter the same problem in the future, then we will accept it!

Inside the bank, Manager Le hesitated for a long time before returning to Xu Zhuren's office; by this time, the two had finished the remaining interview procedures and were chatting about some trivial matters.

Seeing Manager Le enter, Yang Xiaohong said her goodbyes: "Manager Le is here, then Xu Zhuren, I will be leaving first; your report should take some time before it comes out."

Xu Zhuren nodded and said: "Alright, sorry to trouble you, Reporter Yang."

After Yang Xiaohong left, Manager Le here hurriedly said:

"Zhuren, I just asked, the other party is unwilling to agree to Mediation and withdraw the Lawsuit."

Xu Zhuren became angry upon hearing this and roared: "What? You didn't tell her that we already agreed to help fix the Credit Record? Why are they still unwilling?"

"It's not that, Zhuren, I said it all, but that Fang Xiaoying's brother and father both said that unless their demands are met—that is, the three things on the Indictment—they will absolutely not agree to Mediation." Manager Le hurriedly explained.

Xu Zhuren had read the Indictment and naturally knew these three demands; hearing this, he was truly furious!

"Must be met? Fine, it seems they are very confident; I've been in Modu for so many years, who haven't I seen? You go call our legal department over; I don't believe that if a Credit Record is recorded incorrectly, we still have to pay money and apologize? Where is the logic in that!"

Manager Le nodded in agreement; he still didn't mention the fact that he had been taught a lesson by Fang Xiaoying's father earlier.

Because he himself felt that what the other party said seemed to make sense...

There was no way around it; Lawyer Fang just had this magical talent, that kind of reasoning where one link leads to another, which just makes you feel like it really is that way.

Not long after, the branch's legal counsel was called over.

"You know about the previous matter, right? We have been sued!"

The legal counsel's surname was Huang, named Huang Yanhao; hearing this, he nodded and said: "I know, Zhuren, it's because we were sued over a Credit Record issue, right? They say we committed an Infringement of Reputation Rights against her."

"Yes, and they insist we pay money and apologize, otherwise they won't withdraw the Lawsuit, so basically we have to fight this case; tell me, what should we do about this, and what are our chances of winning?" Xu Zhuren sat at his desk, drinking tea while asking.

Huang Yanhao thought for a moment and said: "Zhuren, I have already thought about it; our win rate here is quite high, after all, this thing called a Credit Record is very closed off."

"Generally speaking, unless it's a special occasion, like buying a house or something, people won't go check their Credit Record; otherwise, walking down the street, not many people would know that so-and-so was listed with a Bad Credit Record."

"After all, other people can't possibly check his Credit Record, and the Right of Reputation is a social evaluation, but if this matter itself hasn't been disseminated, then no matter what, you can't say there is an Infringement of Reputation Rights!"

"Therefore, I believe our chances of winning are indeed high!"

Huang Yanhao was also a top student who graduated from Huadong Political Science and Law, and his theoretical knowledge was very solid.

This was his thinking; he believed that this matter had not been disseminated, and without dissemination, it meant that no Infringement of Reputation Rights had occurred.

If only two people are present and I insult you, and it is not known by a third party, that does not count as an Infringement of Reputation Rights!

Regarding the core understanding of the Right of Reputation, and what nature of demands the Court supports, a single case can explain it clearly.

Zhang San received a text message containing insulting language, and then he knew it was sent by Li Si.

He felt that Li Si had infringed upon his Right of Reputation, so he turned around and sued the other party in Court.

The result was rejected by the Court, with the reasoning: failing to disclose the insulting remarks to a third party does not constitute an Infringement of Reputation Rights.

However, if Zhang San's demand was that the other party insulted him, then it might be supported by the Court; so sometimes, for many so-called outrageous judgments reported by the media, you have to first look at what the Plaintiff's demands were.

This was also Huang Yanhao's understanding; he did not believe that something as closed off as a Credit Record would involve the Right of Reputation.

Xu Zhuren nodded repeatedly as he listened and said: "Alright then, since they want to sue, then let's fight the Lawsuit; Xiao Huang, this case is handed over to you."

Huang Yanhao smiled, and then he received that pile of materials from Xu Zhuren.

Returning to his office, he opened the Copy of the Complaint; he didn't notice anything else, but his eyes scanned directly to the name of the other party's agent.

Fang Xujing!

Instantly, Huang Yanhao was stunned by these three words; he felt his heart tighten in an instant.

Yes, reasoning is reasoning, and he did indeed believe this case could be won and that no rights were infringed, but... it depends on the person, it depends on who the other party's agent is.

Could this really be that Teacher Fang?