Chapter 455: Open Your Mind a Little, They Are Still Just Children

Fang Haochuan is truly dumbfounded right now; he just said those words, and in the blink of an eye, it turns into him asking for money?

"It's not that, Dad. I didn't ask my second uncle for money either. The main thing is that he doesn't have a leg to stand on in this matter; he's basically guaranteed to lose if he goes to court. I'm advising him to pay compensation to the others..."

Before he could finish his sentence, he was interrupted by his own father again.

"How is it guaranteed to lose? Aren't you studying law? You can go and debate it, can't you?"

Sometimes, there is just no way to explain your profession to your parents and relatives.

Computer science? Come, come, come, help me fix my computer. If you can't even fix a computer, how do you have the nerve to say you studied computer science?

In any case, in the eyes of family members, if you study law, you should be able to solve every legal problem they encounter.

"Dad, this isn't a question of whether I studied law or not; it's a question of who is filing the lawsuit. The lawyer for the plaintiff is my current master, the big shot of Tenda's legal department. You tell me, what am I supposed to do?"

After these words came out, his father on the other end finally stopped talking.

By comparison, his son's future was still more important...

Putting down the phone, Fang Haochuan sighed. Even though this was his own relative, he still felt speechless.

Just as he was preparing to get up and go out, a hand suddenly landed on his shoulder. He turned to look and saw Wang Daoren looking at him with a face full of joy.

"Teacher Wang?"

"You were right to say that the plaintiff's lawyer is a legal big shot. You must continue to work hard in the future, you know!"

Fang Haochuan nodded blankly, then watched his master walk out of the office with a jaunty air, humming a little tune.

"I put on my lawyer's robe, pick up my case file bag, and a pile of legal articles flashes through my mind..."

This case is very special because it is a matter between two minors, so the Court must go through Mediation.

The judge handling the case is still Li Xusheng. It's not because he is special; this is just the situation in grassroots courts—they are too short-staffed.

If you catch someone who can work, you use them to death; the capable have to do more work, after all.

Fortunately, Li Xusheng's crazy overtime from last year to this year has been useful; he is also about to be promoted.

Compared to places like the "two offices" or "organization departments," rising through the Political and Legal System is truly not easy.

And the overtime is not a bit less...

It was another sunny morning, and Wang Daoren brought the couple Yan Yumei to the Guangming District Court.

It was right here in the Second Civil Division that he encountered his first backstabbing; thinking about it brings tears to his eyes.

They entered the Court and headed straight for the Mediation Room, with Court staff greeting them along the way.

"Old Wang is here, hurry over; Judge Li has already gone in."

"Old Wang is quite early, have you eaten?"

"Hey Old Wang, you're here. There won't be any problems this time, right?"

Wang Daoren replied to each one with a smile. The couple Yan Yumei beside him truly felt like they were seeing something new—it was an eye-opener!

They didn't expect Lawyer Wang to be so impressive; so many people in the Court actually knew him!

Wang Daoren looked at the couple and said nothing. Of course, he wouldn't say that he had become the laughingstock of the Political and Legal System because of three consecutive violations.

And since the problems all occurred during Court trials, everyone at the Guangming District Court knew him...

But today is not like the past; he, Wang Daoren, is now a legal big shot!

Entering the Mediation Room, Li Xusheng was already sitting there.

"You're here, Old Wang. These are the parties involved, right? Sit down quickly."

After the three of them sat down, Li Xusheng continued: "How is it? What are your plans this time? After all, the issue isn't that big."

"Judge Li, we are old acquaintances, so I won't hide it from you. It's just as stated in the claims: pay money, stop the Tort, and issue a public apology!"

Hearing this, Li Xusheng shook his head and said: "I've contacted the other side, and it's unlikely they will agree to these demands."

"The key is that you, Old Wang, know yourself that in this kind of case, once the Tort stops, they might still have similar behaviors in the future. What will you do then?"

This is also a rather troublesome aspect of some Civil Infringement cases in current practice.

In fact, when Zhou Yi first sued his neighbor Xu Yufeng to stop the Tort, Lawyer Fang had already said that according to the Judicial Interpretation of the Supreme People's Court, if one commits the Tort again after a judgment ordering the cessation of the Tort, the crime of Refusal to Execute Judgment or Ruling will not apply.

Instead, one should use the reason of the repeated Tort to file a new claim and conduct a Civil Litigation.

Of course, in actual cases, those sued for repeated Tort may be sentenced to pay Punitive Damages.

It sounds like something many people cannot understand, but this is the actual regulation.

Criminal Law is the bottom line, and since the order to stop the Tort was issued and the other party did indeed stop at that time, you cannot say they did not execute the judgment.

Specifically in actual cases, for "continuous" and "repetitive" Tort, generally speaking, a judgment at a certain time only targets the Tort at that specific moment.

As for the Tort that continues after that time point, or a new Tort, it can be regarded as a new fact.

This is a bit convoluted; in plain language, it means the Court judgment only manages the matter at that time; it won't manage your future matters.

This is why when Zhou Yi sued Xu Yufeng to stop disturbing the peace, it could only manage that time; there was no way to handle it if the disturbance continued later.

One could only sue again...

I won't go into detail here; writing it out would be enough for a legal thesis...

The couple Yan Yumei were dumbfounded once again and could only look at Wang Daoren.

Hearing this, Wang Daoren also smiled bitterly: "For the time being, this is all we can do. If it doesn't work in the future, then... then we'll see if there are other ways."

It wasn't that he had no way; there were still some "fancy maneuvers," but they all carried risks.

Letting the child carry money and wait for the other party to rob them, then calling it Robbery—it sounds like a good method, but what if the other party doesn't rob them?

It is true that there are now regulations that the age for the Eight Malicious Crimes has been lowered, and those between fourteen and sixteen must bear criminal responsibility.

Robbing one dollar is also Robbery.

But... it's hard to execute, and if one is not careful, one might even implicate oneself. Wang Daoren had played too many fancy maneuvers in the past, so he was a bit hesitant now.

Just at this moment, the door to the Mediation Room was pushed open, and Fang Haodong walked in, spotting the couple Yan Yumei at a glance.

"You really are suing me, aren't you? Fine, go ahead. See if I'm afraid of you. You're actually making a scene at the Court over this little bit of nonsense, right?"

"Is it really necessary for you to act like this? Ah, if you want money, just say it clearly!"

Fang Haodong roared at Yan Yumei and her husband there, and Li Xusheng could not help but frown.

He thought of the internet-famous Lawyer who had confronted him before.

"Fang Haodong, right? Please sit down quietly. This is, after all, a Court. If you continue with this behavior, I will call the bailiff!"

These words were spoken extremely sternly; Fang Haodong hesitated for a moment, but swallowed the rest of the insults he was about to hurl and sat down obediently.

Only then did Li Xusheng nod with satisfaction: "Alright, the Mediation begins. Fang Haodong, the other party has already stated their terms, which are the terms on the Indictment. What is your take on this?"

"Me? I don't agree to a single one! Compensate money and apologize? Bah! I haven't even mentioned that her daughter was the one cursing people, and now they are shifting the blame!" Fang Haodong shouted directly.

He was truly not afraid; before coming, he had used some crooked connections to find another Lawyer, and that person told him this was nothing.

The Court would not support the other party for that much money; after all, they were minors, so there should be some discretion. As for apologizing and stopping the Tort, there was even less need to worry.

So, the current Fang Haodong was, on one hand, not afraid, and on the other, still felt that the other party was just bluffing.

That Lawyer had said that even if a judgment was made to stop the Tort, it would be useless; this kind of Litigation was just to scare people.

What kind of Mediation is this? Li Xusheng might have been handling too many of Zhou Yi's cases over the past year or so, so he was not very keen on "mud-puddling" types of Mediation.

He was now too lazy to say things like "forgive others where possible" or "you take a step back."

If it were any other judge, they might have to do countless amounts of work for the sake of Mediation.

So, seeing this, Li Xusheng said directly: "Since the Mediation is unsuccessful, then forget it. Everyone go back and wait for the hearing. I'm leaving."

Fang Haodong glanced at him and also got up to leave. For him, this was no longer just a child's issue; this was an outsider provoking a local like him!

The Mediation ended with a whimper, and Wang Daoren could only take Yan Yumei and her husband away.

He did not know how to talk to the couple; could he say that even if they won this time, the other party might still continue to bully people?

However, upon returning to the Company, he finally heard some good news: President Zhou had finally returned after finishing his fun.

For some reason, after hearing that President Zhou was back, the whole Company felt like it had a backbone.

Even though he did nothing every day...

After considering it for a long time, Wang Daoren went to the Chairman's office.

"That is the situation, President Zhou. Currently, there are no good methods regarding the civil side. I want to pursue a Criminal Case, but... I just feel it's not quite right."

It was not that the matter was bad, but that it was easy for things to go wrong.

A school bullying case actually turned into this?

Zhou Yi felt as if he were in the same dead end he had faced when dealing with Xu Yufeng before.

It was just that previously, he had used the method of fighting violence with violence; did he have to do that again this time?

Anything involving minors must be handled with caution, otherwise, he himself might end up inside.

Therefore...

"Lawyer Fang... I have a new case here that you might be interested in. Yes, it's about school bullying. No, no, it hasn't reached the point of a minor committing a serious crime yet..."

Hanging up the phone, Zhou Yi wiped his sweat. It was truly incredible; he felt his thoughts were now just like Lawyer Fang's.

Could it be that he had been assimilated?

Of course, Zhou Yi did not know that just after he hung up the phone, Lawyer Fang at the law firm had taken out his notebook once again.

He flipped to a previous page, looked carefully at some of the notes on it, and kept marking and drawing.

Time passes quickly when one is busy; in the blink of an eye, it was four o'clock in the afternoon.

Still the Lao Difang, still that same cup of coffee, and the same old vinegar.

After Lawyer Fang finished drinking the spiked coffee with an expression of enjoyment, Zhou Yi finally said impatiently: "Lawyer Fang, can you tell me now? What is a good solution?"

Hearing this, Lawyer Fang smiled and said: "This method is actually not a good method, because normal people would certainly not do this."

"But it is very suitable for you. Although this is helping your Employee with a lawsuit, I believe you certainly won't have any problems with money."

"That Wang Daoren of yours does have some level now, but he doesn't consider things in enough detail. Letting a child go out with money and then letting the other party come to rob them—this sounds like it's easy to handle, but it is indeed wishful thinking."

Or rather, if the problem could really be solved so simply, then school bullying would not have become such a major difficulty.

Inducing a minor to commit a crime—not to mention anything else, if this matter were to get out, it would be a one-way ticket to Treading the Sewing Machine in a heartbeat, without the slightest hesitation.

"Then, Lawyer Fang, what do you suggest we do?"

Lawyer Fang spoke leisurely: "You have applied for Pre-litigation Property Preservation before, so have you heard of Behavioral Preservation?"

These words stunned Zhou Yi again. Property can be preserved, but can behavior also be preserved?

How exactly does one preserve it?

Behavioral Preservation sounds very similar to Property Preservation.

It is just that one takes mandatory measures against property, while the other takes mandatory measures against behavior.

Property Preservation is based on the idea that if mandatory measures are not taken, the property might not be recovered; Behavioral Preservation is the same concept.

If mandatory measures are not taken, it may make the judgment impossible to execute.

How to understand this? The simplest way is through Case Interpretation.

Zhang San is a big boss. His wife wants to divorce him. The child is already eight years old, so they have definitely passed the breastfeeding period.

Therefore, in the divorce judgment, there is a high probability that the child will be awarded to Zhang San, who has better economic conditions.

Zhang San's wife loves her child very much, so she thinks, before the judgment comes down, why not take the child abroad?

Zhang San sees that this won't do, so he applies to the Court for Behavioral Preservation to restrict his wife from leaving the country. After the Court reviews it and finds no issues, it issues a Behavioral Preservation ruling restricting Zhang San's wife from leaving the country.

This type of preservation is most common in the field of Intellectual Property Rights infringement.

After all, it often happens that you sue on one side while the other party continues to infringe, and by the time you finish the trial, the other party has already finished their business.

Of course, just like Property Preservation, you have to pay a deposit to apply for Behavioral Preservation.

"Similarly, Behavioral Preservation can also be used in neighbor relations."

Zhou Yi recovered from his daze and hurriedly asked: "Then when I was being harassed by that, that auntie upstairs, why didn't you say this?"

Lawyer Fang laughed and said, "I didn't understand you at the time; who knew you would spare no effort when it came to being pedantic about this matter."

Behavioral Preservation requires a security deposit, and if even the slightest thing happens, the deposit goes down the drain.

"Then with this in place, that child won't be able to bully people anymore? What if the other party continues to bully people?" Zhou Yi asked again.

Lawyer Fang heard this and said, "That is the beauty of Behavioral Preservation. Let me ask you, what time period does a judgment for stopping a Tort cover?"

He understood this; Wang Daoren had said a lot when he went to report.

"It is for the Tort at a specific moment, so if there is another Tort after the judgment, then one must file a new Lawsuit."

"Correct, but Behavioral Preservation is different; it lasts for a period of time. Do you understand what I mean? From the moment the Court issues the ruling until the judgment comes down, it is effective during this entire time!" Lawyer Fang said, enunciating every word.

This is where the difference lies.

Zhou Yi suddenly realized; this was actually an alternative form of judgment, and in a certain sense, it could even manage the "future."

"The duration of a Civil Dispute is not short—First Instance, Second Instance, and one can even apply for a retrial. So, during this time, if the other party has similar behavior, what do you think the situation would be?"

In Zhou Yi's mind, the charge that had been floating there for half a day finally became clear: Refusal to Execute Judgment or Ruling.

Behavioral Preservation also belongs to a ruling...

"There is one more point. Because one of our opposing parties is a minor and belongs to the category of persons with limited capacity for civil conduct, who do you think this Behavioral Preservation ruling is issued to?"

"Of course, the crime of Refusal to Execute Judgment or Ruling requires Serious Circumstances. Perhaps the first time doesn't count, but what about the second or third time?"

"Even if the judgment takes effect, if the other party offends again, you can apply again. Do you think it will accumulate to the level of Serious Circumstances?"

"So I am actually quite curious why that Lawyer Wang from your Company always thinks about getting that student locked up. Under the current legal system, it really isn't that simple to get a minor locked up!"

"After all, they are still just a child..."

Damn it... Zhou Yi had nothing to say, truly nothing to say.

No wonder people say the difference between one lawyer and another is sometimes even greater than the difference between a human and a dog.

Although Lawyer Fang was very keen on the situation of juvenile delinquency, he did not rush to use any unconventional means to solve the problem after knowing about it.

From beginning to end, he solved problems within the legal framework, rather than playing those dirty tricks of some lawyers.

Did Lawyer Fang understand those lawyers' tricks? Zhou Yi felt that he certainly did, and he understood them even better than Wang Daoren and the others.

But ever since he met him, no matter the situation, Lawyer Fang never seemed to do anything out of line.

In any case, as he put it, using money to lure others into Robbery is a method any normal person could think of.

Because of the promotion of legal education, many people know that Robbery is a serious crime, and one must bear criminal responsibility from the age of fourteen.

Those between twelve and fourteen can also bear criminal responsibility with the approval of the Supreme People's Procuratorate.

So Wang Daoren's method might not necessarily be useful.

But someone like Lawyer Fang... in any case, Zhou Yi felt that judging by the other party's situation, it definitely wouldn't stop.

Because that father wasn't managing them at all, and had been in a state of total neglect.

If he had managed them even a little, it wouldn't have caused the current situation.

Zhou Xinran, sitting opposite, was already stunned listening to this. She actually knew all the things Lawyer Fang was saying.

But she just hadn't connected them together.

Or rather, no one would have thought that such a slick move was possible.

This is also why Lawyer Fang said that only Zhou Yi could do it, because he could rush to apply for preservation and rush to file a Lawsuit every time a Tort occurred...

If you file a Lawsuit within thirty days after a successful application for preservation, that's fine; just drag it out until the twenty-ninth day to file...

Anyway, the longer the time, the more favorable it is for this side.

For others, not to mention the matter itself, just the security deposit and the Lawsuit each time are not necessarily things they can manage.

This really requires having both time and leisure, and one must also have a professional Lawyer to help handle it.

"I will have Wang Daoren apply immediately, starting tomorrow!"

Soon, Wang Daoren, who was working overtime at the Company, received a call from Zhou Yi.

"What? Behavioral Preservation? But is there any point to this... eh, it actually seems to have a lot of point!"

The third update is here, fifteen thousand words now. There is one more chapter, probably until after four o'clock? Not sure, anyway, I will definitely finish writing it before I sleep.

Brothers who want red envelopes, look at the previous words, the extra update will definitely be past twelve o'clock...

(End of this chapter)