Chapter 400: Lawyer Fang suddenly goes silent, the reason behind it is heartwarming

Regarding whether a Credit Record falls under the Right of Reputation, Fang Dazhuang has already explained it very clearly.

Why must there be a Credit Record? This is a manifestation of whether you are honest, an evaluation of your integrity.

Since it serves as an evaluation of integrity, it must necessarily be a social evaluation.

Therefore, when a Credit Record reflects that this person has a Bad Credit Record, it itself represents that they have been evaluated as a dishonest person.

Consequently, even if no one else sees it when applying for a credit card, it still represents that their social evaluation has already been lowered.

And now, Fang Dazhuang has begun to spray venom like a viper.

"If we follow the Defendant's logic, then the authorized financial institutions and the Credit Reporting Center—their evaluations cannot be considered evaluations?"

To put it bluntly:

"Are you implying that financial institutions don't count as 'people'?"

When Fang Xiaoying applied for a credit card, the financial institution must have checked her Credit Record; even if we take a step back and assume this credit report was not known to outsiders.

Does it not count as a lowering of social evaluation just because only the financial institution knows she has a Bad Credit Record?

Not to mention the fact that the Bad Credit Record was known to her classmates.

Huang Yanhao stood there, his brain spinning at high speed.

His line of thinking was that the Credit Record is closed, a closed loop, so as long as the credit card issue didn't affect Fang Xiaoying's evaluation, it wouldn't count as a Tort of Right of Reputation.

But he truly hadn't expected that a simple Credit Record could involve the Right of Reputation!

And the key is that even he himself felt, damn, Teacher Fang makes sense; it feels just like being in class back in the day...

He tried hard to think of a countermeasure, but unfortunately, that is the problem with doing too much non-litigation work; many legal affairs personnel basically only know how to follow the path they pre-set before the trial.

Once the opposing side's argument exceeds their own ideas, a system crash occurs.

No one thinks that as long as a Lawyer is in court, they can calmly respond to and speak eloquently about anything the other side says, right? Surely not?

A Lawyer certainly won't let the scene go cold, so what to do? Just repeat the same old things. Why do many people watching live trial broadcasts feel that some Lawyers repeat the same sentence over and over, wondering if this person is sick?

They aren't sick, they just don't know what else to say... it's all tears.

However, Fang Dazhuang didn't even give him the chance to repeat himself!

"Having finished the first point of contention, let's move to the second. According to Article 19 of the 'Interim Measures for the Administration of the Basic Database of Personal Credit Information', if the disputed information is indeed incorrect, commercial banks shall take the following measures:"

"(1) Shall submit the correction information to the credit reporting service center; (2) Inspect the procedures for reporting personal credit information; (3) Inspect other personal credit information submitted subsequently, and if errors are found, they shall be resubmitted."

"Now let's look: according to Evidence 3 provided by our side, our client had already mailed the objection application to the Fukang Branch in written form as early as August last year, and it was signed for on August 17th!"

"Therefore, combined with the fact that our client subsequently went to the Defendant bank several times to raise oral objections, we have reason to believe that the Defendant knew or should have known that the Credit Record in question was incorrect."

Evidence 3, which is what Fang Dazhuang brought out, is the evidence of Fang Xiaoying mailing the relevant written objection application.

This is not the evidence of a signature from the other party; in this situation, it is impossible for you to produce that type of evidence.

Instead, it is the Photo of the relevant objection application, the evidence of sending the objection application by courier, and the evidence of the other party signing for it.

Many people would say, "The probative force of this evidence is insufficient; you didn't film the whole process, so it can't prove this thing was really mailed to the bank."

"What if you swapped it when you were sending the courier?"

Don't find it strange; this kind of questioning is very normal, which is why many people don't understand Civil Litigation.

The situation they are talking about—where there must be no omissions and it must form an Evidence Chain linked ring by ring—is for a Criminal Case.

The evidence in a Criminal Case is much stricter than in a Civil Litigation, which is why there are cases where a Criminal Case clearly cannot result in a conviction, but the Civil Litigation can drag on for a long time.

A well-known example to many here is Dong Ge.

But in a Civil Litigation, you cannot possibly produce all this evidence perfectly; even the judge knows that is impossible!

Because even a freak like Zhou Yi couldn't record the entire process on video.

If there are doubts, one can first think about how the Court judged and how Civil Litigation was fought before mobile phone photography and Monitoring were as developed as they are today?

Civil Litigation can apply the standard of high probability mentioned before; the judge will consider everything comprehensively to make a judgment.

As for other doubts, such as "What if this is evidence you made yourself? What if that Photo is not real?"

I can only say one thing: there are not that many "what ifs" in this world. Good heavens, forging evidence—a perfectly fine Civil Litigation, losing is just losing, but you are now forging such critical evidence that it is enough to affect the Court's judgment!

Do you dislike the food outside and want to eat something blander inside?

Is this a gamble to see if the Court can discover it? To see if there are bullets in the gun?

"Furthermore, the Defendant has not provided relevant evidence to prove otherwise, and therefore one point can be confirmed: from August 27th of last year until now, the Fukang Branch has not submitted our client's personal information to the credit management center."

"So, can our side assume that the Defendant never intended to correct the relevant record from the beginning, and can we assume that this Defamation of Reputation was caused intentionally by the Defendant?"

In plain language: I have told you countless times; you received the written ones, and you heard the oral ones.

If you felt I had an objection, for example, that this Bad Credit Record was correct, then you should have provided evidence saying we have already explained it, and what the reason was.

However, it is very clear that the other side cannot provide evidence at all, because since it involves a Court judgment, if you want to say that someone's application for correction is wrong, you have to overturn the Court judgment first.

Therefore, if you cannot produce evidence, it is assumed that you knew this matter was wrong, but you knew it was wrong and still delayed reporting it—so were you intentional?

After all, according to the regulations, you must report it within ten working days.

As a result, from August last year to now, it has been half a year with no movement. Being delayed by the credit management center after reporting and having no reporting behavior at all are two different concepts!

Huang Yanhao stood there, swallowing his saliva from time to time; he now felt like he had returned to the classroom back then.

He really wanted to refute, for example, that they had explained to Fang Xiaoying many times, but that explanation had no effect.

Why? A phrase Xu Zhuren always had on his lips was, "We are also working hard."

But if you can't produce evidence, then it has no validity; who can't just open their mouth and talk?

So he could only say: "But our side has already reported it now, and the credit reporting center has already corrected the relevant information."

Unfortunately, this sentence was quickly retorted by Fang Dazhuang again.

"According to the submission time, it can be inferred that it was after our side filed the Lawsuit, so it does not hinder the establishment of the previous argument!"

"Have you ever studied evidence law!"

Fang Dazhuang held back this last sentence, deciding that if the other side was still this stupid later, he would say it!

Those students from Huadong University of Political Science and Law who came to observe no longer had smiles on their faces, and many were considering how they would perform if they encountered such a situation themselves.

The answer is, it might be even worse than this senior student...

"Xiaoxiao, this senior is so miserable..." one of the girls said.

Standing there all alone, like a dog.

The girl called Xiaoxiao didn't speak, her eyes already full of stars as she looked at Fang Dazhuang.

It was truly an all-around crushing!

Fang Dazhuang had already made the two points of contention in the case clear.

From beginning to end, he didn't give Huang Yanhao any chance, not even the chance to repeat circular arguments.

At this point, any Lawyer with a shred of dignity wouldn't bring up things like "the Credit Record is closed" again.

"Please, Defendant, answer me directly: was this intentional or negligent?"

Huang Yanhao didn't speak; he didn't know how to, but he was clear that if he dared to say anything right now, he would definitely be seized upon by that man opposite and rubbed into the ground.

Although he was already sweating from being rubbed.

Fortunately, the Presiding Judge knew Fang Dazhuang and knew his character, so before he could continue asking questions, he looked at Huang Yanhao and said, "Does the Defendant have anything else to add?"

Huang Yanhao shook his head with difficulty; he had known the case would likely be lost the moment he realized the other party was Teacher Fang, so this wasn't unexpected.

But... this feeling really wasn't good.

"Alright, the Court Debate is over; the parties may present their Final Statement."

As the words fell, Zhou Yi clearly saw Fang Dazhuang look like a heavy machine gun that had suddenly misfired, almost overheating.

There was no help for it; after having eight prepared questions and a hundred mocking remarks for if the other party couldn't answer them suddenly stifled back, anyone would overheat.

It was, however, quite funny to many in the gallery; they had all heard that Fang Dazhuang liked to crush the other party in Court.

For some reason, now that Fang Dazhuang had been forcibly skipped by the Presiding Judge, there was an inexplicable sense of satisfaction...

There was nothing left to say for the Final Statement, just "Please, Judge, support the Plaintiff's (Defendant's) request," and that was it.

The Presiding Judge announced a recess; Fang Dazhuang sat down to rest, his preparations wasted, and he didn't know if the other party would Appeal.

If they did Appeal, that would be fine.

What is a pervert? This is a pervert; the First Instance result wasn't even out yet, and he was already looking forward to the other party Appealing to start the Second Instance.

After waiting for a while, finally, the Presiding Judge came out and delivered the verdict in Court!

According to... the judgment is as follows:

One: Change the Credit Record; the Defendant Fukang Branch has already reported this to the Credit Management Center, and it has already been changed.

Two: The Defendant Modu Feiyue Shangye Yinhang Fukang Branch shall compensate the Plaintiff Fang Xiaoying for Tort damages of twenty thousand yuan within ten days after the judgment takes effect.

Dismiss the other Litigation requests of Fang Xiaoying.

The Litigation Fee for this case is three hundred yuan, to be borne by the Defendant Fukang Branch.

The Court's reasoning is that because the Right of Reputation damaged by the Credit Record was sufficiently mitigated after the correction information was reported, the request for a public apology claimed by Fang Xiaoying is not supported.

In plain language, you, Mr. Fang, believe that the Credit Record itself involves the Right of Reputation, so since the Credit Record has been corrected, the impact has been eliminated, and therefore a public apology is not needed to eliminate the impact.

Fang Dazhuang was a bit silent after hearing the verdict; the request for a public apology was actually not supported, and he instantly wanted to file an Appeal.

However, he still had to ask the party involved, Fang Xiaoying, and incidentally refer to her opinion.

Huang Yanhao was there with a bitter smile on his face, because Cheng Jiaoshou and many observing students had already surrounded them.

And previously, those roommates and close friends who had been encouraging him were now stepping forward, patting his shoulder with great melancholy.

"Lao Huang, it's been tough on you..."

The situation just now had even them feeling terrified, fearing that Teacher Fang would start mocking; fortunately, the Presiding Judge was somewhat helpful.

This is Modu, after all; if you put this anywhere else, no one would understand this point at all.

After speaking, they secretly glanced at Teacher Fang again, and seeing him talking to a young man, looking like he was in a pretty good mood, they finally felt relieved.

Teacher Fang can not only talk but also fight; that is truly terrifying...

Within Huadong University of Political Science and Law, the battle record from back then still circulates: you can't win in a debate, you can't win in a fight, and if someone beats you, they can still say you committed intentional injury while they were acting in Legitimate Defense; who can you reason with!

Over here, Fang Dazhuang smiled and said: "It's fine, am I that kind of pervert in your eyes? Must I make people have a mental breakdown in Court?"

Zhou Yi thought to himself that whether you are or not, you know clearly, or Zhou Xinran knows clearly.

But he wisely chose not to say this.

Fang Dazhuang off the Court and Fang Dazhuang on the Court are two completely different creatures; on the Court, he is heartless.

"By the way, Fang Dazhuang, do you think the other party will Appeal?" Zhou Yi asked casually.

Fang Dazhuang smiled again upon hearing this: "Still Appeal? Do you think that little Huang hasn't had enough? Let me tell you, it is absolutely impossible for the other party to Appeal."

"They are already burning incense for not having to publicly apologize, so it is absolutely impossible for them to Appeal, trust me!"

"This time I was careless and didn't notice this layer; you wait for me to go back and prepare well, this must be Appealed to make them look good!"

Fang Dazhuang's words were decisive, and the facts proved that the other party did not Appeal in Court, and Fang Dazhuang smiled even more smugly.

Now that the lawsuit was over, of course, he had to meet with the students.

So Fang Dazhuang took Zhou Yi to greet those students from Huadong University of Political Science and Law.

Incidentally, he tried to comfort the dejected Huang Yanhao, but the words changed flavor as they reached his lips.

"Little Huang, it's just a lawsuit, it's fine; you can go back and ask your leaders if they are willing to Appeal..."

Cheng Jiaoshou shook his head and stepped forward: "Alright, Fang, let Little Huang go back first; look at what you've done to this child."

"And everyone, pay attention: after going back today, you must write an article on your understanding of the Right of Reputation and hand it to me, understand?"

The students, who were originally very happy to see Fang Dazhuang, suddenly wilted; when it comes to doing homework, from elementary school to university, their attitude has basically never changed.

Fortunately, everyone had a great time watching the spectacle today!

Huang Yanhao finally recovered; since he didn't have to publicly apologize, he wouldn't have nothing to report when he went back.

However, he did not expect that Xu Zhuren's reaction would be so intense!