Chapter 552: This is Called an Improvement in Awareness of the Rule of Law!
Many logics that are difficult for ordinary people to understand come from the mouths of well-known Lawyers or law professors.
Of course, this is not to say that the thinking of Lawyers is flawed; if you have looked at the judicial examination questions from previous years, or done a few more, especially the Criminal Law volume, you will discover that legal thinking is simply different from the thinking of normal people.
Of course, there is also that most classic case of "If you didn't hit them, why did you help them up?" At first listen, it seems very logical, but upon closer thought, what kind of bullshit logic is this!
If I didn't hit them and I help them up, doesn't this show that my moral standard is high? Doesn't this show that I want to be a good person?
By the same token, taking screenshots during a promotion to prepare evidence, doesn't this show that my awareness of the rule of law is high?
Fang Dazhuang responded with a natural expression: "Because this is not a small amount, this is a contract worth millions, so I think taking precautions beforehand is beyond reproach."
"And the fact that my client secured the evidence before purchasing precisely shows that our country's legal popularization work is done very well, and shows that my client's awareness of the rule of law is high!"
Look at this level; he can directly link it to the country's legal popularization work. Under such heat, saying this in a live-streamed court trial, anyone can imagine how happy the bigwigs in the Political and Legal System would be.
Lv Zuxiong was being held firmly in check; the only evidence he could produce was the record of the conflict between the two sides during the previous Mediation.
But there is a problem here: it is currently being live-streamed, and it is very obvious that those previous words of Gao Yuxia absolutely cannot be released!
Otherwise, when others see it, is that the attitude your A-Fu Company's vice president had during Mediation?
The other party is legitimately asserting their rights, and you keep saying they are taking advantage endlessly?
Consumers will definitely associate a lot; with an attitude like yours, who would dare to buy things from you?
If one day they buy fake goods, they wouldn't even dare to claim Return One Compensate Three.
However, if you don't state the situation and only say there was a conflict, then it is hard to convince the judge.
You say there was a conflict, so there was a conflict; what kind of conflict, and why would the other party retaliate because of this conflict?
Analyze specific problems specifically; the case details must be stated clearly.
In the end, Lv Zuxiong still stated the details of the original Mediation conflict.
Suddenly, the live-stream room was in an uproar!
"I was saying, if A Yi wanted to do this, damn it, if it were me, I'd want to mess with them too. They mispriced it themselves, and A Yi's parents bought things normally, but then it's like they were the ones who did something wrong!"
"I understand A Yi now. Calling people greedy for taking advantage—is this your attitude toward solving problems? Five hundred yuan, if I remember correctly, is the platform's compensation, right? You dare to call that compensation?"
"Blacklist this company for life, don't say anything else..."
There are still more normal people in the live-stream room. If you misprice something, just admit your mistake and pay the compensation. You can't just keep thinking it's no big deal because it didn't cause any consequences for others; that definitely won't do!
At A-Fu Company, Gao Yuxia, who was watching the live stream, fell silent. This is a gamble; if the lawsuit is lost, she will definitely have no good end, and she shouldn't even think about finding a good job in the future.
But she has no choice; Tang Pengcheng can barely save himself now, so who would care about her?
The understanding of the audience in the live-stream room is actually not a good thing for Zhou Yi, because if they can understand, then the judge can also understand.
However, Fang Dazhuang's words were still as sharp as ever.
"My client is a mature company leader. He must be responsible not only for himself but also for the company. If one says he is intentionally retaliating and buying knowing it is fake just because of this matter, wouldn't that be the same logic as 'If you didn't hit them, why did you help them up'?"
"Everyone look here, look at the discounts, look at the scale of this activity. The more gold from A-Fu Company you buy, the bigger the discount. By comparison, they are the cheapest, so why wouldn't my client buy from them when he has this need?"
"Just because he had a conflict with the other party's vice president doesn't mean my client doesn't like saving money, right?"
This is impeccable. If there is a chance to save money, who wouldn't choose it? Is having too much money burning a hole in their pocket?
The presentation and Cross-examination of evidence ended, and the Court Debate began. Lv Zuxiong started his circular arguments again.
You really can't blame him; the key evidence is only this one piece, so he must insist that the other party definitely bought it out of intentional retaliation, and that they knew there was a problem before buying.
Evidence... there is no evidence, anyway, there is a problem.
Court Debates are often like this; the audience in the live-stream room even had a thought: damn, I could do this too.
However, that is usually. When Lv Zuxiong said circular arguments for the third time in a row, Fang Dazhuang started.
"Please have the opposing Lawyer answer my question directly. You have said the same thing three times in a row. If you have nothing to say, please shut up first!"
"This is the fourth time. The opposing Lawyer's performance makes me very suspicious of whether he is professional, because I feel like I am debating with a machine that only knows how to repeat..."
Here it comes, here it comes, the classic Fang Dazhuang online roasting session is here.
The guys in the live-stream room who were just saying "I could do this too" all shut up now.
The words of this bald Lawyer opposite are like sharp knives, constantly stabbing into the smallest cracks of people's hearts, making you feel like, how can there be such an annoying person in this world!
Anyway, Yuan Jie felt that if she were the Lawyer on the other side, she wouldn't be able to help but want to take action right now.
Debate? Can't win. That guy's mouth, who knows how it grew; his logic is so rigorous it makes one suspect he is the robot.
Lv Zuxiong was holding on, but he still couldn't quite hold up.
The further it went, the sharper the other party's words became, which easily makes one doubt in their heart whether they are suited to be a Lawyer.
So the gap is still this big... so Judge, I'm already like this, and you still let him talk?
When people are anxious, their thoughts become chaotic. Lv Zuxiong said: "This is simply impossible, Judge. If everything is calculated according to them, then after A-Fu Company holds one event, they will have to pay two billion. This is impossible to pay; the company cannot afford it."
Once these words came out, the live-stream room went quiet for a moment.
Fang Dazhuang replied: "I have no opinion. If you think the regulation of Return One Compensate Three is unreasonable, then you can go and amend the law. But right now, I think we should still abide by the law..."
"If you can refuse to pay just because you think it's expensive, then what is the law for? Today you can say two billion is too much, tomorrow those selling fake goods on the street can also say the compensation is too much; anyway, there are always reasons..."
Fang Dazhuang started roasting again. Seeing that it was getting late, Judge Luo, who was watching with great fascination, finally seemed to feel Lv Zuxiong's mood.
"Ahem, does the Defendant side have anything else to add?"
"No."
"Alright, the Court Debate is over!"
Upon hearing this sentence, Lv Zuxiong seemed to lose his strength all at once. For a moment, he even felt that he didn't want to do Litigation anymore in the future...
The court adjourned. The Netizens who watched the live stream have no other thoughts now. It can really be said that in this situation, even a fool can see which side has the advantage.
Having a motive alone cannot settle a case, not to mention that the other party also produced so much evidence—thinking about it long ago, planning step by step, and buying according to demand.
You can't make the judge believe it just by saying he wanted to retaliate.
Not to mention that this case is so significant, it will definitely rise to the discussion of the Adjudication Committee.
The adjournment ended, Judge Luo returned, and delivered the verdict in court:
This Court holds that Shenzhen A-Fu Internet Media Co., Ltd., in the course of... activities, engaged in Price Fraud by way of Fictitious Original Price; in accordance with Article 55 of the Consumer Rights Protection Law...
The judgment is as follows: The Defendant, Shenzhen A-Fu Internet Media Co., Ltd., shall, within ten days of this Judgment taking effect, refund the Plaintiff Zhou Yi the sum of 4.86 million for the purchase of gold products and pay compensation of 14.58 million; the Plaintiff Zhou Yi shall return the gold products to the Defendant.
The Litigation Fee for this case shall be borne by the Defendant.
If dissatisfied with this Judgment, an Appeal may be filed with this Court within fifteen days from the date of service of the Judgment.
A seemingly simple Return One Compensate Three judgment, yet it has stirred up a monstrous wave!
The Court upheld the litigation claims, Return One Compensate Three!
Lv Zuxiong's face turned pale, but he still stated in court that he would Appeal; this must be appealed, even if the lawsuit has to be fought all the way to the Supreme People's Court!
Otherwise, compensation of over ten million is something the Company cannot accept.
Tang Pengcheng nearly smashed his computer; he truly did not expect to lose, but this was only the First Instance, and with the matter being so hot, it certainly cannot just end like this.
What good would it do him to let a perfectly fine private enterprise go bankrupt!
This is actually the "godfather theory"; after all, it's like a son, you can't just beat them to death with a stick, the economy still needs to develop.
Law is law, but sometimes, it is not determined solely by the law.
And so, before long, corresponding articles appeared online.
They were published by a relatively well-known economist Self-Media in Shenzhen, with the title: Just because of Fictitious Original Price, one must pay sky-high compensation; is this reasonable?
"Today, the sky-high compensation case that the whole country is watching had its First Instance verdict; the Defendant A-Fu Company has to pay over 14 million. I am an economics researcher, and I just want to say one thing: is such a judgment reasonable?"
"Let's look at it: A-Fu Company only engaged in Fictitious Original Price. They should pay, that's correct, but they absolutely should not pay this much, because it makes no sense. Why? Because the loss caused by their fraud and the compensation are completely disproportionate!"
"How much loss could the fraud have caused? One hundred thousand, or several hundred thousand? Yet the compensation has reached this point. Let's not talk about the law today; everyone, touch your conscience and think: is this reasonable?"
"Let's put it this way: if everyone demands Return One Compensate Three, then after one event, the company might as well go bankrupt. Does the economy still need to develop? Therefore, the Court must be held responsible for ruling this way!"
As soon as this article was published, it was touted by all sorts of people!
Many senior executives from various companies stood up to state that such sky-high compensation is absolutely unacceptable!
A-Fu's Price Fraud deserves compensation, that's correct, but they shouldn't have to pay this much.
Likewise, there were many supportive comments online; looking at the posts, one could tell many were company owners.
"Eyes Closed When It Gets Dark": I think this judgment is also unreasonable. Let's not talk about the Consumer Rights Protection Law for a moment; let's just talk about the matter itself. I think for a transaction, if the other party doesn't accept the price, isn't it enough to just refund the money? Why must they pay compensation?
Right? Anyway, there's no loss for the consumer. Just refund what should be refunded, and if that's not enough, pay the interest. That should be fine, right? What else do they want? This is a rhythm meant to force the company to death!
"Flower Arranger": I also think so. Seeing everyone online reveling, I can only say there are too many ignorant people. Such a judgment is absolutely unacceptable!
It really is a case of many voices, and Lv Zuxiong's previous words were brought up again.
"If everyone demands compensation, A-Fu Company would have to pay two billion for this event, which is impossible to bear. I really want to ask everyone: what good does it do to force a company into bankruptcy?"
That economist Self-Media was constantly debating with Netizens, and had the upper hand.
Inside A-Fu Company, Tang Pengcheng was on the phone.
"Teacher Ling, thank you so much this time!" Tang Pengcheng kept saying into the phone.
Teacher Ling on the other end laughed and said: "No problem, no problem, small matter. I hope your Second Instance goes smoothly. Sigh, I don't know what's wrong these days, everyone wants compensation at the drop of a hat."
The two exchanged pleasantries for a while longer before hanging up.
Teacher Ling is that Self-Media; the Company specifically sought them out with the goal of setting the rhythm and playing the victim.
To let everyone know that the company is not having an easy time either; it seems the effect is quite good now.
In the hotel room, Fang Dazhuang and Zhou Yi were already preparing to pack up. Needless to say, the Second Instance would be after the New Year; with the New Year approaching, the Court has to go on holiday too.
Zhou Yi, however, looked at the news online and hesitated before saying: "Fang Dazhuang, are you just going to watch this person spout nonsense? Given your temper, shouldn't you come out and refute it? I think this person must have been paid."
This guy called "Economist Teacher Ling" has a very clever knack for taking things out of context.
Because he sets aside all the mistakes and doesn't talk about them!
Fang Dazhuang laughed upon hearing this: "No rush, I have already prepared the material for rebuttal, but before that, we must let the bullets fly for a while."
"Fly for a while? How much more can they fly? We already won the First Instance," Zhou Yi asked with some curiosity.
"Haven't you noticed, Zhou Yi? These people keep talking about how the event will cost them two billion. Originally, those who bought gold during the event didn't even realize it. Now, the more they talk about it, the more people will think of it."
"Before, they felt it was troublesome, but now that they have our precedent, guess what others will do?"
"Even if the compensation is relatively less, it doesn't matter; they can still ride the wave of popularity."
"So, hurry up and post your first video. Anyway, with the current level of popularity, no one can say anything about public opinion, but you can make the part about securing evidence in the video more detailed."
"Let everyone know what kind of evidence is needed to win a case like this Price Fraud. By the way, you didn't say anything wrong; you just purely recorded your own process of Legal Aid."
Zhou Yi was dumbfounded; brilliant, truly brilliant!
Fang Dazhuang's method was exactly to his liking: either don't do it, or do it thoroughly!
If it is one's right, one must exercise it, rather than saying that even though the law has provisions, one shouldn't compensate like that because the company will go bankrupt, it's unreasonable...
Once you are in Court, what is there to say about "reasonable"? The Court only speaks of what is legal!
Zhou Yi naturally agreed and turned to urge the Company's Self-Media Studio.
After packing their things, the three returned to Jingzhou. It was already late afternoon when they arrived in Jingzhou. Fortunately, the Self-Media Studio had been working overtime to rush the video out.
Don't ask; asking means they volunteered to work overtime, because Zhou Mouren now pays overtime wages starting at four times the rate, much higher than what the law requires...
This video needs to be watched carefully; absolutely none of the conversations between himself and Fang Dazhuang can be sent out. He is just an ordinary consumer.
No problems; start the voice-over.
"Hello, dear audience, I am your old friend A Yi. Isn't it that a while ago the Company did a survey, and everyone said that what they wanted most for the annual meeting was gold? So I planned to buy a batch to use as lucky draw prizes."
"After a series of investigations by the Company, we found that A-Fu Company's gold is of good quality and they are an old-brand gold shop. And most importantly, the discount for this shop's event was huge!"
"So I bought it. Of course, everyone knows that with such a large amount, one must be careful. After all, a dispute happened before, and my parents lost the lawsuit because they couldn't provide proof..."
Then it was about buying the gold and preparing for the annual meeting, but it turned out an Employee's family member was at another brand's physical store and said directly that such a discount was impossible.
"Mediation is of course possible, but when the people from the other company met me, they felt I was blackmailing them, saying I knew it was fake and bought it anyway, doing it on purpose. Since it's come to this, in order not to be labeled, one must go through the Court. And so, I continued to fight the lawsuit. I will keep fighting this lawsuit until the truth is brought to light!"
Then, in the middle of this, it clearly explained what evidence is needed and how to collect it.
It can be said that with this video, in the future, when encountering acts of Fictitious Original Price, one can directly copy the homework!
After checking it over and finding no issues, the video was quickly posted online.
Suddenly, the Netizens who were still arguing endlessly with that Teacher Ling and some bosses became interested.
In Modu, the housewife Zheng Honglan was busy cooking at home; she had been watching A Yi's videos for some time.
She was also watching the video while cooking, and as a result, she discovered that A Yi had updated!
Looking at the title, it was called "Price Fraud demands Return One Compensate Three, and they say I'm committing Extortion?"
Eh, isn't this that matter currently buzzing on the internet? It was actually released!
She hurriedly clicked to watch, and as she watched, Zheng Honglan suddenly noticed something wrong; was the process of collecting evidence for Legal Aid in this a bit too detailed...
A Yi's previous videos were also about legal education, but not every video was this detailed about the process.
Watching that step-by-step evidence collection, Zheng Honglan remembered that she had also bought a bracelet during a promotion, and if this were...
That bracelet cost over thirty thousand; if she could Return One Compensate Three, she could buy another one at a different store, and she could even earn a large sum of money!
After this thought popped up, Zheng Honglan began to get excited; she didn't plan to hire a Lawyer, she would do it herself.
It just so happened that she also had the habit of filming videos, and she could even ride on A Yi's popularity!
No sooner said than done; she stopped cooking and immediately got to work.
There were quite a few people like Zheng Honglan; everyone felt that Legal Aid was difficult because it was troublesome and the effort outweighed the gains.
But after doing it this way, it suddenly felt like it was actually very simple!
What was most satisfying was that the Market Supervision Department in Shenzhen had previously announced the Company that engaged in Price Fraud during the Double Eleven and Double Twelve promotions...
Isn't this the best list!
"Yuan Jie": Holy crap brothers, I think this guy A Yi is doing it on purpose. Believe it or not, he is definitely doing it on purpose. Look at this process, it's so detailed!
"Wugou Feijian": +1, I also think so. Look at the end of the video, he even specially attached a link to the list published by the Shenzhen Market Supervision Department. Really, he is so thoughtful, I'm about to cry...
"Guan Guan Ju Jiu": Anyway, that so-called Teacher Ling said that if everyone claims compensation, the Company will have to pay two billion. This shows they didn't earn little, so let's get to it!
A Yi's audience began to boil. Having watched so many videos, everyone's hands had long been itching, and they just wanted to personally step into the arena and practice.
Isn't this the best example? And they could film videos and post them online, how great...
The Court in Shenzhen just ruled that way; if over ten million can be judged, there is no reason why our few thousand or tens of thousands cannot be judged.
There were all kinds of major Company, not limited to A-Fu Company; as long as they were published, they were all targets for everyone this time.
One can also file a Case Filing online; the Internet Court can conduct trials online.
As for a normal Court, if you want to have a Lawsuit after filing online, you must go to the Court.
However, people like Fang Dazhuang are more traditional and don't really like filing cases online...
…………
Shenzhen, Tianqu Fayuan, another beautiful morning.
The auditor responsible for receiving Internet Court Lawsuit information had just opened the computer when they were stunned by the pile of Litigation requests inside.
Although Shenzhen is very large and there are many Litigation requests every day, there has never been a situation like this before, where a pile of Return One Compensate Three Lawsuits appeared in just a few short days!
So what exactly is this situation? Even if everyone is doing collective Legal Aid, it shouldn't be such a coincidence, right?
The auditor was confused, but still planned to report it first to see what was going on.
The internet was already boiling. Things were just as Fang Dazhuang had predicted; the statements of Teacher Ling and many bosses were only one reason. Following the release of Zhou Mouren's video, the entire internet was in chaos.
The first video was signed by "Xiao Yin Mama", which was Zheng Honglan; her daughter's name was Xiao Yin.
"I also took advantage of a promotion to buy a gold bracelet at the A-Fu Company store. Today, watching A Yi's video, I discovered that as long as it was purchased through fraud, one can file a Lawsuit for Return One Compensate Three!"
"It just so happens, didn't that so-called Teacher Ling say that everyone is claiming compensation and they need to pay two billion? So I thought about it, he already said it needs two billion, and it's already calculated, so I filed a Lawsuit. Everyone look, it was filed very quickly, it's not that hard."
With the first one came the second, and it was not limited to A-Fu Company; there were Company from all walks of life.
There were even some internet celebrities riding the wave of popularity. For a time, the internet began to dance with demons again.
Today's first chapter, six thousand words, by the way making up the two thousand missing from the early morning. Thanks to Mengxinzai, Chibi Shisanqi, Wen Chi, Yewu, Feimaowuyu, Youyige Xinshou, thanks to the brothers for the tips, thank you.
(End of this chapter)
End of Chapter
