Chapter 399: I'll go fifty-fifty with Fang Laoshi; I often win against him too

Some people are dead, but they are still alive; some people are alive, but they are already dead.

Huang Yanhao is in a particularly bad mood right now because the person on the other side is Fang Tangjing; it could be said that almost every graduate of Huadong University of Political Science and Law in recent years has heard this name.

After all, Lawyer Fang used to work in Modu, so many people came from Huadong University of Political Science and Law.

Because of this, many students here have been "educated" by him—and it was true education, the kind that made many people not want to pursue a career as a litigation Lawyer ever again.

How nice it is to do non-litigation work; why do litigation at all!

But he had already given his word to Xu Zhuren, saying the chances of winning were high and that the advantage was on their side, so there was no way to back out now.

I wonder if it's too late to run away now...

Waiting for the court date is actually very boring. With about a week left until the hearing, Zhou Yi can no longer stay in Modu. It's not that he's bored, but rather that he feels out of place in this city.

Although he is no longer the Zhou Yi of the past, he still doesn't like this high-paced life; everywhere he looks, everyone is very busy.

So, after staying in Modu for a few days, he and Fang Xiaoying returned to Jingzhou, letting Tenda Xiao Jinli Erhao start her internship at the Company; one shouldn't delay someone's work just because of a Lawsuit, right?

Anyway, it makes no difference whether you, the Plaintiff, are in court or not.

Lawyer Fang didn't come back; word is he's meeting with a few friends in Modu, having a meal, and incidentally exchanging his research results.

It finally feels comfortable to be back in Jingzhou.

Lawyer Fang isn't here, but Zhou Yi still goes to Lao Difang every afternoon without fail to have a cup of coffee or tea.

If Zhou Xinran doesn't have a case, she goes along too, and the two of them naturally start chatting about some very Criminal Law-related things.

On the other side, Fang Xiaoying has finally started her internship. Although she had already read the article by the "Jingzhou Smarty-pants" and knew that this Company teaches Labor Law as soon as you join, she was still very surprised after experiencing it firsthand.

So, when Huang Yanhao's side wanted to prepare for Mediation again, they discovered that the Plaintiff and the Plaintiff's brother were no longer in Modu; it is said they went back to their hometown.

"You mean, the opposing Lawyer this time is that Fang Tangjing from Modu back in the day?" Xu Zhuren asked with a puzzled look: "Who is Fang Tangjing?"

He really hadn't heard of this person, which is actually normal.

A leader in a certain industry is very well-known to people in the circle, but people outside the circle really don't know them.

Take the most classic example, Luo Laoshi; if it weren't for various reasons that made him go viral, how many people besides law students and those miserable bar exam dogs would have heard of him?

How many people who haven't studied Criminal Law know the name Zhang Mingkai?

"He is, he is just that kind of very formidable Lawyer, you know?" Huang Yanhao tried hard to explain: "He was very famous in Modu before; basically, if he is there, then the Lawsuit is as good as won."

Xu Zhuren stared carefully for a long time and said: "But we have you; your level is also quite good, and I thought what you said last time made a lot of sense."

"Besides, going to court for a Lawsuit isn't about fame. So what if he has fame? You have to look at the facts, right? And you also said we have a huge advantage."

"It's fine, fight with your hands untied, but if the other side is willing to do Mediation, that's fine too."

Listening to Xu Zhuren's words, Huang Yanhao really wanted to say, you overestimate me too much.

If I had that level of skill, why would I still be working as legal counsel at a bank? I would have gone out to make big money long ago!

Furthermore, if I had known the name of the opposing Lawyer earlier, I definitely wouldn't have said that line: "The advantage is on my side."

"But Xu Zhuren, he is my teacher; he taught me before." Huang Yanhao still brought this matter up.

"So what? What does it prove that he taught you? It's not that I'm lecturing you, Xiao Huang, but your thinking is a bit problematic. Must a teacher always be better than a student? Don't you know that 'disciples need not be inferior to their teachers'?"

"Exactly, Xiao Huang, you're like this before the trial has even started; that won't do. You have to have confidence, don't worry about whether he is Fang Tangjing or Fang Tangjing."

Huang Yanhao: "..."

Why do I have the feeling that, except for myself, everyone has confidence in me?

It's like being forced onto a stage; no matter what, the Lawsuit still has to be fought.

Xu Zhuren is also making preparations for both possibilities; the progress on the credit report side is fast, and once it's changed, the Court can't say anything, right?

Returning to his office with a heavy heart, Huang Yanhao hesitated and decided to post about this matter in his dormitory group chat; everyone there is a good brother from the same class, so he let them help come up with ideas.

"Brothers, I really need your help this time..."

He explained the general situation, and of course, emphasized the point that the person on the other side is Fang Laoshi.

"What? Fang Laoshi? Lao Huang, the Fang Laoshi you're talking about, is it *that* Fang Laoshi?" a roommate asked in a message.

"Of course it is; besides that Fang Laoshi, who else could it be?" Huang Yanhao replied irritably.

"Holy crap, Lao Huang, you're amazing! You actually dare to go up against the King of Hell Fang; you are truly a role model for our generation!"

"Lao Huang, I won't say anything else; this time next year, I'll burn some long-legged ladies for you..."

What kind of advice is this? There is no advice at all; the experience of being tormented by Fang Laoshi back then is still vivid in their minds.

What shocked Huang Yanhao even more was that just a few minutes later, people he knew from his major sent him messages.

"Lao Huang, I heard you're going to face off against Fang Laoshi, and you even said you could go fifty-fifty with Fang Laoshi?"

What the hell!

Huang Yanhao sat in his office; it had already warmed up a bit, but he was instantly drenched in cold sweat from fear!

"Lao Wang, where did you hear this from? When did I ever say I could go fifty-fifty with Fang Laoshi?"

Lao Wang on the other side quickly sent a chat log: "Look for yourself, the people in your class said it themselves; this matter has already spread throughout our entire grade, okay?"

"Everyone is praising you, saying how come they didn't see you were so brave back when we were in school. Even Peng Yue said you are truly formidable; she would tremble if she saw Fang Laoshi in court."

Peng Yue is the one with the highest level in their department...

"No, Lao Wang, listen to me explain, I really didn't say that! I just said I encountered a case and was going to court against Fang Laoshi!"

However, explanations were futile.

Practice shows that until something happens to themselves, people are basically just looking for entertainment.

Even these people in the law major are no exception, and everyone is very keen on gossip and rumors; really, it has nothing to do with their major or experience.

This is human nature...

After explaining for a long time, he was almost at the point of taking a photo of the Copy of the Complaint to send to the other party. After finally getting Lao Wang to believe him, Huang Yanhao let out a sigh of relief.

He prepared to search carefully in the class group to see where the source of this rumor was!

However, as a Northerner, Lao Huang did not understand a principle that is widely circulated in the South.

When you find one cockroach, it means there is a pile of them in the house.

When he discovered that this rumor had already reached his own major, it meant that the matter was no longer limited to his major.

There had been cases before where students of Fang Dazhuang had debated against him, but they all chose to be obedient and stay silent; as long as it passed, everything would be fine.

As a result, when he opened the class group chat, he found that these people were really hitting 99+ every minute, which was truly terrifying.

As soon as he appeared, he was surrounded by people asking all sorts of questions, so he could only ignore them for now and try hard to catch up on the messages.

But not even a few minutes later, his phone rang.

At such a damn important time, who has the energy to answer the phone!

Who in the entire Huadong University of Political Science and Law doesn't know that Teacher Fang is petty?

Is Fang Dazhuang broad-minded?

Heh, you can think about whether Zhou Yi is broad-minded; if someone can become friends or even confidants with Zhou Yi, you tell me if Fang Dazhuang is broad-minded!

So, Fang Dazhuang, a person who takes things too seriously?

Can a person who takes things too seriously be broad-minded? Can a broad-minded person be this serious?

However, after a quick glance, he still answered it quickly; there was no choice, the call was from his Civil Law teacher at Huadong University of Political Science and Law.

This teacher's surname is Cheng, and his lecturing skills were beyond reproach, but he had the same flaw: he talked too much and could ramble on.

Back when they were students, this teacher had the most jokes, and basically, all the gossip they knew about other teachers was heard from this Cheng Jiaoshou.

He also didn't know why the old man was calling him at this hour.

"Yanhao, what are you doing?"

Huang Yanhao quickly said: "Cheng Jiaoshou, I'm at work. Is there something you need?"

Cheng Jiaoshou on the other end of the line said quite naturally: "Hi, nothing much, just heard some news today, saying that you, Huang Yanhao, said that Teacher Fang's level is just so-so, that you two are evenly matched, and that you can actually often beat him."

Damn it... if it weren't for the fact that the person on the other end was his teacher, Huang Yanhao would have started cursing directly. Where the hell did this damn rumor come from!

"Cheng Jiaoshou, let me explain..."

As a result, before he could finish speaking, he was interrupted by Cheng Jiaoshou on the other end.

"Yanhao, Teacher Fang is your teacher after all, and he has taught you many things. We still have to show some respect, right?"

"Alright, I'll just tell you this. That... for your case, I will organize our juniors to come and watch. After all, this case really counts as a new type of Defamation of Reputation."

Listening to the busy signal coming from the phone, Huang Yanhao felt that he was no longer fit to live on Earth.

And he's even letting the juniors watch, it's over.

More importantly, Cheng Jiaoshou's mouth basically meant that once he knew, it meant the entire school's teachers knew.

But fortunately, as long as Teacher Fang doesn't know, it's fine.

Wait, Teacher Fang is friends with Cheng Jiaoshou, right?

Huang Yanhao didn't know that on the other side, Cheng Jiaoshou had just hung up the phone and looked at a man beside him with slightly thinning hair and gold-rimmed glasses: "Lao Fang, someone has issued a challenge to you!"

The man next to him was none other than Fang Dazhuang, who smiled upon hearing this and said with a friendly face: "It's fine, I don't think that little Huang would say such a thing."

Cheng Jiaoshou also smiled and didn't speak; he couldn't very well say that everyone actually knows you, Fang Xujing, are petty. After all, everyone knowing that has something to do with him, old Cheng.

However, based on the things Fang Dazhuang has done, basically anyone can see that he is petty.

As for the words said out loud, let's just forget about that.

There was an example back then: if someone accidentally beat him, he would appear very kind on the surface, but he would definitely find opportunities, openly or secretly, to win it back. And if it was someone of the same level, like a professor at the school, he would definitely mock them.

It's just like how basketball superstars of the past would constantly talk trash.

Fang Dazhuang just happened to come from that era, and mocking people is truly like an instinct.

It's just that now his rank is high, and the others are juniors, so he feels embarrassed to do anything more.

Cheng Jiaoshou is a good teacher who keeps his word; after returning, he began to organize the students of the Civil Law class to prepare to attend the hearing. After all, as he said, this case is very representative!

As for the Right of Reputation, even if it is explained countless times, some people still feel confused, not knowing what kind of thing it is, what social evaluation is, or what others' evaluations are.

And after this case, I believe many people will have a deeper understanding of the Right of Reputation!

In such an atmosphere, the First Instance is about to open.

At the entrance of the Court, Zhou Yi was standing and chatting with Fang Dazhuang. He arrived in Modu last night, specifically to listen to the Debate process and then start making a video.

Fang Xiaoying didn't come, because there was no need to.

It's just that Zhou Yi discovered that Fang Dazhuang's condition was not quite right; his spirit seemed to be a bit too full.

This state is not unfamiliar; it was the same before the court session with Zhou Xinran, and then Zhou Xinran didn't recover for a long time and almost stopped being a Lawyer.

"Fang Dazhuang, what is this..."

Before he could finish speaking, a voice sounded from the side: "Teacher Fang, morning, morning."

Turning to look, it was a man with very serious dark circles under his eyes, about thirty-two or thirty-three years old.

"That, I want to explain to you, this thing of mine, I actually..."

Huang Yanhao wanted to explain, but he didn't know how to explain, after all, he is currently a legal counsel for the bank.

Today he still has to represent the bank in this lawsuit, and as a result, he apologizes as soon as he comes up. If this were told to Xu Zhuren, the situation would be wrong.

So he was struggling here in all sorts of ways. Finally, after the struggle, Huang Yanhao made up his mind: compared to being scolded by Xu Zhuren a few times, his own mental state was more important.

If he loses his nerve after the lawsuit is over, it won't be worth it.

So very quickly, Huang Yanhao intended to explain seriously.

As a result, before he could finish, bursts of voices came from the side.

"Lao Huang, we're here, come on, take down Teacher Fang!"

"Lao Huang, I see many juniors; you don't want to find a girlfriend, right? Those juniors are really not bad. Perform well today; girls also admire the strong."

"Lao Huang, Lao Huang, come on, you are the man who is evenly matched with Teacher Fang!"

Needless to say, with words like these, it must be his close friends. As the saying goes, close friends are meant to be sabotaged.

But the key is that his friends didn't actually see Fang Dazhuang.

Because Fang Dazhuang very sneakily brought Zhou Yi inside the door, watching the outside from across the doorway.

Then Zhou Mouren saw Fang Dazhuang's smile growing thicker and thicker...

Huang Yanhao didn't want to explain anymore; what was there left to explain? Might as well give up.

However, he still felt that Credit Record should not be placed under Right of Reputation, and furthermore, their bank had already reported to the credit reporting center regarding the correction of the record of exemption from guarantee liability.

Many people understand the so-called cancellation or deletion of a Credit Record—to be fair, neither the "Regulations on the Administration of the Credit Reporting Industry" nor the "Interim Measures for the Administration of the Basic Database of Personal Credit Information" contain any wording regarding "cancellation."

And the wording "deletion" is in Article 16 of the "Regulations on the Administration of the Credit Reporting Industry": "The retention period for personal negative information by a credit reporting agency shall be 5 years from the date the negative behavior or event terminates; if it exceeds 5 years, it shall be deleted."

Therefore, this is what a Credit Record is; it records everything about you, even if it is a Court Judgment, it is a record of the correction, not a cancellation.

…………

There are quite a few people in the gallery today; Cheng Jiaoshou kept his word.

Moreover, there are indeed many young women studying law, and sitting there, they have become a beautiful landscape.

"Xiaoxiao, who do you think will win today? I feel like Senior Huang Yanhao seems to be in high spirits," a round-faced girl asked.

The girl next to her, called Xiaoxiao, said: "I think Teacher Fang is still stronger. Have you forgotten his lecture last time?"

With the discussion started, others couldn't help but join in; some felt that since Senior Huang Yanhao dared to say such things, he must be confident.

And others felt that no matter how things change, Teacher Fang is still that same Teacher Fang!

Today's trial naturally follows the Ordinary Procedure, and the court session has already begun.

Although he knew Fang Dazhuang seemed a bit excessive, Zhou Yi didn't expect Fang Dazhuang to be this excessive.

There is no need to mention the stage of presenting evidence and Cross-examination; there was basically no objection to the evidence submitted by both sides.

The more critical piece of evidence submitted by Fang Dazhuang's side was that original Judgment; according to that Judgment, Fang Xiaoying's guarantee liability had already been exempted.

There is another one, which is the evidence that Fang Xiaoying has been going to the Fukang Branch to raise objections from last year until today!

This is very, very critical evidence!

After all, Fang Xiaoying is a university student, she understands what she should understand, and due to the development of the internet, she has access to many sources of information, so she had submitted a written application last year.

Of course, calling it a written application, it was actually just something Fang Xiaoying wrote by hand herself, stating that there was a problem with her Credit Record and asking the bank to correct it.

You see, this is where the key lies. We cannot believe everything on the internet, but we must sift through the sand to find some things we really need in our lives.

Leaving a paper trail in the workplace is one aspect, and when there is a dispute, a written application is another!

Here we must mention the role of a Lawyer's Letter; after all, when it comes to written demands or written objections, the evidentiary nature and probative force of this thing are quite significant.

What kind of effect will it have? It will prove that I have already told you at such and such a time in the past, and I have explained the situation.

Then I will deem that you knew or should have known about this situation!

And without a written application, if you say you went to the bank to urge them many times, where is your evidence?

You must know that many people are very careful now. Why do they want to talk in person? Because both call recordings and chat logs can be used as evidence.

So according to the principle of Burden of Proof, you must prove that you have told others.

It sounds convoluted, but this is reality.

And after bringing out this piece of evidence, the situation is different. I will deem that you knew or should have known; if you cannot produce evidence to prove that you explained it to me, then I am in the right.

Back then, this handwritten explanation from Fang Xiaoying was directly ignored; it could even be said that it didn't even catch the eye of Xu Zhuren, after all, it looked very unprofessional.

It was like a child's doodle.

Fang Xiaoying was also at her wit's end, she tried it casually and didn't take it to heart afterward. As a result, after Fang Dazhuang learned that this thing existed, he directly changed the requested compensation from five thousand to twenty thousand...

Yes, even Fang Dazhuang hadn't wanted that much before.

Under such circumstances, the Fukang Branch certainly could not have specifically sent a written notification letter to explain things to Fang Xiaoying, because they couldn't explain it—if this matter got out, that would be terrible, wouldn't it?

Therefore, the focus of the dispute between the two sides lies in two points: first, whether a Credit Record belongs to the content of the Right of Reputation; second, whether the Fukang Branch intentionally failed to report it, or failed to report it to the credit reporting center in a timely manner.

Both behaviors involve fault, but the degree of responsibility for the former and the latter is significantly different.

The latter only means that someone wanted to report it, but due to this or that reason, it was not reported in time. Think about it: intentional homicide and negligent homicide have different sentencing, so the compensation must certainly be different.

This is the core of the argument!

Although Huang Yanhao was very afraid inside, he still forcibly gathered his courage; anyway, it was already like this, it couldn't get any worse than it is now.

So regarding the first point of dispute, he gave his own argument.

"Even if the correction information was not reported in time, because the personal credit database is a closed system, according to the 'Introduction to Personal Credit Reports' released on the official website of the credit reporting center, the use of personal credit reports is currently limited to commercial banks, financial institutions that handle credit business in accordance with the law, and the People's Bank of China!"

"Of course, consumers can also obtain their own credit reports at the People's Bank of China."

"However, according to the different users, the personal credit reporting system provides different formats of personal credit reports, including the bank version, the personal inquiry version, and the internal credit reporting center version, which serve commercial financial institutions, consumers, and the People's Bank of China respectively."

"Whether it is a commercial bank, a consumer, or the People's Bank of China, when an inquirer queries a personal credit report, they must obtain the written authorization of the person being queried and retain a copy of the identity document of the person being queried. That is to say, personal credit reports are limited to financial-related institutions and the information subject themselves for inquiry and use; when an inquirer queries a personal credit report, they must obtain the written authorization of the person being queried."

"And the Plaintiff has not produced evidence to prove that their failure to successfully apply for a credit card was because of this negative Credit Record, because there are many reasons for being unable to apply for a credit card..."

"In summary, our side believes that this negative credit report will not affect the Plaintiff's social evaluation, leading to the Plaintiff's mental distress, material loss, or damage to reputation. Therefore, the Plaintiff's claim that the Defendant's behavior infringed upon their Right of Reputation has no factual or legal basis and should not be supported!"

After saying a whole lot, there was only one core point: this thing is very closed, and if others want to see it, they must obtain your authorization; therefore, it will not affect your social evaluation.

And on the opposite side, Zhou Yi could already see that Fang Dazhuang, who was already in high spirits, was even more excited.

To be honest, even Zhou Yi felt that this Huang Yanhao's level was indeed quite decent.

Fang Dazhuang finally spoke: "The Defendant argues that personal credit reporting is extremely closed and only serves a few situations, so it does not affect personal reputation. I do not think that is the case."

"What is the essence of the existence of the credit reporting system? It is to express the evaluation of personal integrity. If a negative credit record cannot reflect an individual's integrity, then may I ask, what is the point of a so-called Credit Record?"

"And the evaluation of personal integrity is an extremely important component of social evaluation. Since it acts as a social evaluation, how could it not be a Right of Reputation?"

"And according to Article 6 of the 'Interim Measures for the Administration of the Basic Database of Personal Credit Information,' commercial banks shall comply with the personal credit database standards and related requirements issued by the People's Bank of China, and report personal credit information to the personal credit database accurately, completely, and in a timely manner."

"And the Defendant clearly did not meet the relevant requirements!"