Today's Wei Jun combed a refreshing ponytail for the first time, combed his bangs back, and his forehead was all exposed, a very good-looking girl. However, when speaking, I am also used to not looking at other people's eyes, and my head is slightly lowered, giving people a feeling of lack of confidence.

On the other hand, Yun Yin, a well-fitting handmade gray suit, with her hair in water, is clean and neat. Speak confidently and confidently. In this regard, Yun Yin has the advantage.

After the trial, Wei Jun expounded the reasons for his claim for compensation of 200,000 yuan, but Wei Jun did not elaborate on the legal principle of compensation, which is the basic legal principle, how much you lose, how much you will compensate. Wei Jun first explained the reason why the puppy was worth 100,000.

Wei Jun said that the puppy was bought for 30,000 yuan, whether it was antique calligraphy and painting, or human growth, the price changed over time. In the case of human deaths, the highest compensation price for adults and the lower price for the elderly and children in the event of a traffic accident or other fatal death. According to the age of the dog, it is the prime of life, so it makes sense to claim 100,000 yuan. In addition, according to the identification of experts from the dog love association, the current market price of purebred red Tibetan mastiff, that is, the dead puppy, is about 120,000, and the price of the newborn puppy is 120,000, and the compensation of 100,000 yuan is a very reasonable price.

The puppy has lived in the owner's house for eight years, and has a very harmonious relationship with the owner's two children, and has become an indispensable member of the family. The family was very sad about the death of the puppy, and in order to comfort the family, they proposed a spiritual compensation of 100,000 yuan.

Is Wei Jun's proposal reasonable? Yes, there is some truth, but it confuses the concept. Wei Jun treats dogs as objects, and mixes them into the norms of human compensation. However, Wei Jun is more flowering, and the most favorable evidence is the experts' determination of the value of the puppy. When you buy something, it is 30,000 yuan, it does not mean that its market price is 30,000 yuan when you buy it.

Antiques were picked up, and it cost 30,000 yuan to buy antiques, but the seller did not know the goods, but in fact, the market price of antiques was 3 million. Excuse me, at this time, if someone smashes an antique, is it according to the purchase price of 30,000 yuan or according to the market price of 3 million compensation? Of course, it is according to the 3 million compensation, and the market appraisal price given by the expert presented by Wei Jun is a very powerful killer move.

Cao Yun: "Wei Junwu and people are confused, in order to protect the expert price determination. ”

Lu Yihang: "Wei Jun is ready to overturn the first two views. ”

Cao Yun: "Now it depends on whether Yunyin's basic knowledge is solid or not." ”

Yunyin began to fight back: First of all, dogs belong to property rights in legal theory, and have nothing to do with human compensation. Moreover, there is a difference in the standard of compensation for human beings, because the value and benefits that young adults can generate are higher than those of the elderly and children.

There is no problem with this, and a little legal knowledge can refute Wei Jun.

Yun Yin continued: "First of all, we require the plaintiff to show the qualifications of the expert to determine whether there is any qualification to determine the market price. In addition, the expert said that 120,000 yuan, what data is it relied on, and what evidence is there? I noticed that two experts are witnesses of the plaintiff, can they testify in court on this issue?"

Lu Yihang and Cao Yun said in unison: "Oops!"

Gao Shan Xing didn't understand: "Isn't it good?"

Lu Yihang explained: "The focus is not on the experts, Yun Yin made a mistake in priority. The plaintiff invited two experts to appear in court, indicating that the preparations were complete. Whoever asserts who will provide evidence, Wei Jun has already provided evidence. Experts can say that according to last year's trading price, the market price of the puppy is 120,000. As the defendant, it is difficult for Yun Yin to refute, the law does not stipulate whether this data is a standard, but Wei Jun's witness put forward this pricing is a fact, if Yun Yin has no other way to set prices, or a better way, the judge will adopt the only pricing standard. ”

Expert: This stone is a rare stone, and there have been two transactions this year, each of which is trading for a million dollars.

Experts explain the price of the stone and explain why it is generated. One reason is rare, and the other reason has a trading price. In particular, the transaction price can easily reflect the value of an item.

In order to refute, Yunyin must explain that the two transactions are not equivalent transactions and cannot be used as a reference. In this way, it is very difficult for him to prove that what exists is the truth. Second, Yunyin must come up with pricing principles that he thinks are appropriate. For example, at 03, the official price of the stone was 100,000, which is very powerful. But if Wei Jun proposes that the official price of the stone in 04 is 200,000, the judge will accept 200,000, because the data is newer than Yunyin.

Now Wei Jun's witness expert proposed that the transaction price of the puppy last year was 120,000 yuan, and Yun Yin said that the transaction price of the puppy eight years ago was 30,000 yuan, and it would not be supported by the judge.

It seems that Yun Yin is very confident, but in fact, this step is death. It is not a taboo to commit a crime, and the plaintiff's witnesses must be in favor of the plaintiff, unless the plaintiff's lawyer is not professional. It was a big mistake for the defendant to ask the plaintiff's witnesses to testify in court. As a defendant, you should try to prevent the plaintiff's witnesses from appearing in court as much as possible.

For example, Yun Yin can say that Wei Jun needs to explain the authority of the witness expert before allowing the witness to appear in court. Wei Jun must prove this, otherwise the judge will not allow the witness to testify in court, which is equivalent to the market value of the puppy proved by the witness to be invalid. If Wei Jun had no other preparations, the puppy would be calculated at the price of thirty thousand.

Cao Yun: "Parallel goods, this is a crushing bureau, Yihang, you have to be a mentor, otherwise you won't be able to tap Wei Jun's potential." "As for the level and potential of Yun Yin, let's stop here.

Lu Yihang reminded: "Lawyer Cao, I am the plaintiff's lawyer, and Wei Jun appeared in court on my behalf. "He sat in the bench because he was unwell. Wei Jun is still in the internship period, but after all, he has a lawyer's license, and the small case and the plaintiff's lawyer did not raise doubts, and the court will not be too serious. Moreover, Lu Yihang's sitting in the hearing seat weakened the plaintiff's strength, not strengthened the plaintiff's strength, and in principle, there was no problem.

The witness appeared in court, two witnesses, the first witness is a canine expert, and there is also a guest lecturer at Dongtang University, he introduced the situation of the red Tibetan mastiff, the reason for the preciousness, from a scientific point of view to show that the value of the puppy is relatively high. Another expert is a market expert, he brought two pieces of written evidence, which are copies of the transaction contract, last year a total of two red Tibetan mastiff cubs were traded in the pet market in the five districts of the Eastern Tang Dynasty, one was sold for 130,000 yuan, and the other was sold for 110,000 yuan.

Yun Yin's mistake continued, and he once again abandoned the point, and even questioned the witnesses around the difference between 130,000 and 110,000.

Cao Yun: "Wei Jun is a thief, Wei Jun only said earlier that the expert is an expert of the Dog Love Association, and the Dog Love Association is just a non-governmental organization. In Yun Yin's opinion, it should be the person who is familiar with the puppy and claims to be an expert. After the witness attended, his identity was revealed, and Yun Yin panicked. He knew that the value of being a visiting professor at the Witness University represented at least the scarcity of the Red Tibetan Mastiff in academic recognition, and it was difficult for him to question it. This witness could only be spared, and the price proposed by the second witness did not give Yun Yin much room to play. Just skipped the defendant's questioning of witnesses, and Yun Yin was unwilling. So I was very weak to question the price difference. ”

Lu Yihang said: "Yun Yin should pay a little attention to the judge's expression, and now he has expressed his impatience without concealing it, hoping that Yun Yin can stop questioning." ”

Cao Yun said: "Now is the best time and opportunity for Yun Yin to turn defeat into victory, if you let go of the witnesses, Yun Yin will have no way to return to the sky." It depends on whether Yun Yin can show his sword now. ”

Lu Yihang said: "I don't think Yun Yin knew that he had a sword. Lawyer Cao, isn't Wei Jun's strategy very risky?"

Cao Yun said: "Wei Jun's tactics are to retreat step by step, her psychological bearing price is 100,000, she occupies the price of 200,000 first, she has a lot of room for retreat and operation." As long as the opponent's counterattack is not fatal, she can make reasonable concessions. Moral compensation is a relatively unreasonable demand, which is generally not supported, and even if it is supported, it is only a small amount of money. ”

Lu Yihang said: "Yun Yin is a little anxious, will he skip it?" He is sure of spiritual compensation, and he really wants to enter his comfort zone. ”

Cao Yun: "Success or failure is just a few minutes. ”

Yun Yin had already finished speaking, and Wei Jun did not give a categorical explanation, even if it was 110,000, the compensation of 100,000 was not too much. Wei Jun asked Yun Yin to debate the difference and reason between 130,000 and 110,000. After Yun Yin suddenly realized, he would completely lose his fighting spirit.

Yun Yin finally looked at the hearing seat, but Cao Yun and the others on the hearing seat were expressionless, as if they didn't know him. Yun Yin was questioned twice by the judge, and finally said, "I have no problem." ”

The result of the victory and defeat came out because of this sentence, and there was no accident, and Yun Yin knocked out the spiritual compensation. Since it was difficult to obtain support for spiritual compensation, and even if support was obtained, the amount was very small, and Wei Jun did not waste too much time on it. In the end, the court ruled that the defendant should pay the plaintiff 100,000 yuan in compensation, the plaintiff should pay the defendant 8,000 yuan for the repair fee, and the defendant must pay 92,000 yuan.

There is another particular point here, and that is the processing fee. In principle, whoever loses the case will pay the trial fee. In this case, Wei Jun's 100,000 yuan of spiritual compensation is not supported, which means that she lost the case in this link and must pay 50% of the trial fee. In addition, the compensation of 100,000 yuan was deducted by 8,000, and Wei Jun had to pay more than 50% of the trial fee.

When filing for compensation, you need to consider whether the amount of compensation you are claiming is reasonable. The higher the compensation, the trial fee will increase proportionally, with a cap of 20 million, and 20 million will have to pay 5/10000 of the trial fee. So I can't talk nonsense, I want him to pay 100 million...... (5 thousandths of 20 million...... 100,000?) In this way, the trial fee is as high as 100,000, and if 100 million is not supported, you will have to bear a large part of the 100,000 trial fee.

But it's not good if it's lower, you offer 100,000 compensation, and after the trial, you think you can submit 200,000 compensation, sorry, then you have to hold another trial. The amount of compensation the plaintiff seeks is a matter of great skill for lawyers. Generally speaking, in ordinary cases, the plaintiff does not care about small money. This is also the reason why the group's commercial and economic dispute cases have been a dozen for several years. Those lawyers are fighting for every inch of land, and every inch is expensive.

......

In the living room of Gaoshan Law Firm, Cao Yun sits on the central couch, and Wei Jun is on the left. Gao Shan Xing and Lu Yihang each sat on the left and right sofas. A stool was placed opposite Cao Yun's coffee table, with a back for a chair and no back for a stool.

Yun Yin happily entered the door, carrying a lot of food in his hands, and without looking at everyone, he put the food on the coffee table: "Everyone is here......?"

Cao Yun refers to the bench.

Yun Yin crossed his waist with one fist, what does it mean?

Cao Yun pointed to the bench again, Yun Yin thought for three seconds, and finally sat on the bench: "Hey, let me say first, this case is originally difficult for the defendant to fight." The plaintiff can prove how much the puppy is, and the defendant has a hard time proving that the puppy is not worth much. For example, if someone buys a dog for 50,000 yuan, and I present evidence, Wei Jun will ask if it is an acquaintance price or whether it is a purebred...... And I checked beforehand, the red Tibetan mastiff is really expensive. ”

Cao Yun asked, "Is the dog red?"

"Yes. ”

Cao Yun asked again: "The dog is a Tibetan mastiff?"

"yes, what's wrong?"

Cao Yun asked again: "So it's the red Tibetan mastiff?"

"Hmm......" Yun Yin didn't understand, is there something wrong? I'm a man, I'm Asian, I'm an Asian man. I'm oily, what's wrong?

Cao Yun reluctantly asked again: "So it must be a purebred red Tibetan mastiff." ”

"......" Yun Yin still didn't understand.

Lu Yihang said: "Lawyer Yun, in a civil case, whoever asserts who will provide evidence, the plaintiff said that the puppy he was killed by was a purebred red Tibetan mastiff, no matter whether the puppy is a purebred red Tibetan mastiff or not, you must ask the other party to issue a certificate." There is currently no officially recognized certificate of the purebred red Tibetan mastiff, so the claim of a purebred red Tibetan mastiff is not protected. "Since it is not protected, the market price set by the expert is naturally invalid.

Wei Jun said: "I have already planned, if Yun Yin raises doubts, I will prove through witnesses that the breed is a red Tibetan mastiff." ”

Lu Yihang said: "But experts can't prove that it is a purebred red Tibetan mastiff." ”

Wei Jun nodded: "Yes." Experts say that the price difference between pure and non-pure is very large, with millions of pure breeds and hundreds, thousands, and tens of thousands of impure ones. There is no market standard. Similar to buying antique calligraphy and paintings, this painting was painted by ancient people, but it is not painted by a celebrity, how much it can be worth, depending on the level of the person's painting and the painter's other works, the most important thing is the negotiation between the buyer and the seller. Yunyin can hold on to 30,000 yuan, because our plaintiff does not have strong evidence. ”

Yun Yin is thinking.

Cao Yun: "You haven't figured it out yet?" Wei Jun's witness said that last year, two red Tibetan mastiffs were traded for 11 and 130,000 yuan, and one witness said that purebred red Tibetan mastiffs are precious. How do you know that the dog that the defendant killed was the same breed as the two dogs that were traded last year?

Yun Yin understood that the testimony of Wei Jun's two witnesses had nothing to do with the puppy itself that was killed, but Wei Jun transferred the flowers.

Cao Yun asked, "Wei Jun, how do you fight if you are the defendant?"

Wei Jun said: "I first want to question whether the dog bought for 30,000 yuan is a loss, according to market research, the red Tibetan mastiff ranges from hundreds of yuan to millions of yuan because of its breed and purity. If the plaintiff is unable to say what breed his dog is, I will explain that the plaintiff had been deceived when he traded eight years ago, and that the dog was worth only a few hundred dollars. The plaintiff must prove the value of his puppy. ”

Lu Yihang looked at Yunyin and reminded: "It's value, not price." "The two are not the same. The antiques mentioned above are compensated for the value, not the price.

There is a news that an old lady traveled into the jade shop and broke a bracelet of 300,000 yuan, and fainted in fright. At that time, the news had just come out, and many netizens expressed their opinions, mostly discussing whether they were responsible for the need and whether the price was arbitrarily marked. The end result was reasonable, and the gem society estimated the bracelet to be worth 180,000. Of course, there are still many people who question 180,000, regardless of whether the price set by the gem association is right or not. It is only said that the principle is still right, and the compensation is not the price, but the value.