Who is Cao Yun? He is a lawyer. Although he was glared at by everyone, he still used legal weapons to protect his rights and interests without blushing and heartbeat: "Committing recklessness is the fourth case, committing insults and slanders, I know that the hole card of the show is: guilty of recklessness." I'm sure I'll find a way to get the jury to find guilty. The prize money of 500,000 dollars has been pocketed by me. Now that the case is about to go to trial, the rules will be changed on the spot, and as the party who has suffered losses, I do not agree. ”

The housekeeper said: "First of all, the investor did not pursue Lawyer Cao's second case, which violated the rules of the game. Due to the change of the rules of the case, lawyer Cao suffered losses, so he compensated lawyer Cao for liquidated damages of 2 million dollars. ”

Cao Yun frowned and asked, "Then the 500,000 knives you just mentioned?"

Butler: "Give it to me." ”

Cao Yun Zhengse: "What kind of money is not money...... I really don't care about money. What I care about is fairness and justice. But I believe that the program team also has great difficulties, okay, I accept it. "If we can be more tolerant and understanding, the flowers of happiness will bloom everywhere.

Retired and retired, 13 million dollars, his assets have exceeded 100 million, and Lao Tzu is going to enjoy life...... It seems that he has been enjoying life for the last few months.

Cao Yun's opinion of Blaze has changed greatly, although Cao Yun will insist on killing the CEO of Blaze when he has the opportunity, but emotionally, Cao Yun does not oppose Blaze. Cao Yun knew that thousands of knives were like sprinkling water for the blazes. It doesn't matter, you spend money to increase happiness, I collect money to increase happiness, today we are all good people.

The other party is so good, even if he is out of the second stage, he will show understanding.

The rules of the game are not wrong at the beginning, but the investors are too ambitious. Professions, sub-professions, and hidden professions belong to the three stages of the game, and he actually intends to pinch them together. Ignoring human greed and human integrity leads to all sorts of problems. Simply overturn the rules and proceed stage by stage. Transform the Bad Guy Finding Game into a Break Game.

If there are mistakes, they can be corrected, and it is too late to make amends. Although a lot of money was spent, at least the development of the Daimyo City was under the control of the flames for the time being. After the X case is broadcast, the people will inevitably discuss the shortcomings of the judiciary, and next year will be the general election, which is likely to change the laws of the Eastern Tang Dynasty and even the whole Tang Dynasty. At present, one of the most intuitive effects is that after the program is broadcast, the jury system will be questioned, and it is likely that the right to convict of the jury will be abolished or reduced.

Abolish the jury system for $100 million, and the Flame has already won.

……

Ouyang Yi and Cao Yun hastily took over the crime, acting as defense attorneys to defend the non-existent cyber mob. Nine-Tails and Linghu Tian'er served as the prosecution, accusing the cyber mob of insult and defamation. This is legally valid and is a private criminal case. In other words, if the offender is reported to the police, the police must open a case for investigation. However, it is more difficult to operate in practice, and compared with the legal rights and interests of criminals, it is not worth investing incomparably huge judicial resources.

People are most afraid of people who are more serious.

The defense was taken over in a hurry, and the prosecution was also taken over in a hurry, and no one was prepared to make a prosecution and defense. Adjourn for 30 minutes to have a supper and read materials. Thirty minutes later, everyone got to work.

The Nine-Tails were still fully familiar with the information, so Hu Tian'er went into battle first: "First of all, the crime of defamation, everyone knows the definition of the crime of defamation, let me briefly explain." The crime of defamation is to fabricate and disseminate non-existent facts to demean the other party. Judging from the information provided by the program team, a large number of online posts attacked the criminal's family, and there were many fabricated elements in the attack. For example, the wife of the offender is outside, and someone ......"

"Against. Cao Yun stood up and said: "There is a premise for the crime of defamation, and the other party is a specific object and target. Legally speaking, defamation of the offender's wife has nothing to do with the offense, and the offender has no right to sue on behalf of the wife. ”

Ling Hu Tian'er: "The special target is not necessarily a person, and the wife who was attacked in this case also included. ”

Cao Yun said: "In this case, the unit of the offender's wife, the unit of the offender, and the birthplace of the offender were also attacked. According to the logic of the prosecution, that is, all elements should be added to a specific object? Look at the post: XX company is a garbage dump, collecting all social garbage, and this kind of unscrupulous company should be seized. Follow-up: That's right, XX company defrauded the elderly last year, but in the end it didn't file a case, it must have sent money to the police...... OK, there's one more subject here, and that's the police, and we have to include the police as well. ”

Ouyang Yi said: "Prosecution, please determine who the subject is." ”

Nine-tails and Linghu Tian'er whispered to each other, and after a while, Linghu Tian'er said: "The main body is the criminal, let's look at this post again: I live near their house, the criminal's wife is outside, and the criminals are helping others raise children." ”

Ouyang Yi asked, "Why is this slander?"

Linghu Tian'er replied: "The other party fabricated the facts, saying that the offending child was someone else's child. ”

Ouyang Yi: "Please show evidence that the child who committed the crime is the child who committed the crime, to be precise: paternity test." ”

Damn! Ling Hu Tian'er was speechless, at this time, the housekeeper sent the cannonballs, hurriedly ran over and put a material on the prosecution's table, Ling Hu Tian'er looked at the material, held up the material and said, "This is a paternity test done ten days ago." ”

Nima! Cao Yun and Ouyang Yi glanced at each other. Cao Yun took the copy sent by the housekeeper, looked at it for a while, put the copy on the table, and said: "This post is divided into three parts, the first part is that the poster explains that they live near the criminal's house. In the second part, there is someone outside the wife of the offender. In the third part, the offender is helping others raise children. ”

Cao Yun: "Let me explain, first of all, the first part, even if the poster does not live near the criminal's house, he is only suspected of slandering himself. In the second part, there are people outside the wife of the offender, and the subject involved is the wife of the offender, not the offender, and the offender has no right to be investigated. The third part, the prisoner is helping others raise children, Ouyang, are you helping others raise children?"

Ouyang Yi said: "That's right, I'm helping my wife raise children." ”

Cao Yun: "It's also your child, how can you say help?"

Ouyang Yi said: "Oh, the word is inappropriate, it should be me assisting my wife to raise children, or it can be said that I assist others in raising children." ”

Cao Yun said: "Help, help, help others." This word refers to the assistance and assistance to others with the knowledge of the helper, which is called helping. ”

Linghu Tian'er: "Oppose the defense to chew on words." ”

Sonny: "The opposition works. "It's so shameless that this judge can't stand it.

Cao Yun said: "Okay, the offender is helping others raise a child, have you explained the identity of this child?

Linghu Tian'er: "Could it be that the offender will help other people raise children?"

Cao Yun: "Your help is a narrow help, and my help is a broad help." In the case of nine-year compulsory education, students do not make money, and it is adults who naturally support the expenditure on compulsory education. Some of the taxes I pay go to compulsory education, and since I don't have children yet, I can say that I'm helping someone else raise them. ”

Nine-tails finally spoke: "Please pay attention to the defense, the wife of the offender is outside, and the offender is helping others raise children, this is a sentence, using a comma." If the causal relationship is explained, if it is only understood from the definition of ordinary people, it can be known that it means that the child who committed the crime is not biological to the child, which is contrary to the facts, is fabricated and disseminated, and meets the characteristics of the crime of defamation. ”

Sonny applauded: "Makes sense. ”

Cao Yun glanced at Sonny and said, "Okay, even if the other party says that the child who committed the crime is not the biological child of the crime, then the person who was framed is the child of the crime, and it is still not the crime." As far as I know, the child of the offender now lives with the mother, and the mother is the sole guardian of the child, so what qualifications does the offender have to represent his child?"

Nine-Tails said: "Because the main body of this sentence is to commit crimes." ”

Cao Yun asked rhetorically: "Do you think that in this sentence, the offender is the biggest victim, or is the offender's wife the biggest victim?"

Sonny: "Strong words. ”

Cao Yun: "I'm talking about law. ”

Although the husband and wife are married, they are both independent individuals, and if the wife is harmed, the husband cannot replace the responsibility, and the wife should be held accountable. The reason is that the wife is not the property of the husband, and the husband does not have this right unless he is entrusted by the wife. Whether the entrustment has legal effect depends on the specific situation. The same is true for children, the difference is that the parents have custody, but the offender divorces his wife, and the custody of the child belongs to the offender's wife, and the offender is not qualified to file a lawsuit on behalf of the child.

Cao Yun didn't talk nonsense, the target of the post attack was the wife of the offender, intending to ridicule the offender. In the case of defamation, the victims are the wife and the children of the offender. But this post is in line with the crime of insulting the offender, even if the child is not biological, the post insults the offender.

Using this post to fight defamation, the prosecution is seriously losing points, and it is not Cao Yun's quibble. This pot should be Ling Hu Tian'er, and Ling Hu Tian'er did not distinguish the difference between the crime of insult and the crime of defamation.

There is a hard condition for defamation, and that is fabrication. The crime of insult has nothing to do with fabrication, for example, A fabricates a fact to slander B, and C spreads the matter, causing damage to B's reputation and personality. Then A is defamation, and C is insult. Suppose A chats with C privately and says bad things about B, which contains fabricated facts, and C spreads them. C is suspected of insulting, and A is not guilty of defamation because A has not disseminated. Talking to C alone does not belong to dispersion.

Nine-Tails is experienced, and said, "I'm sorry, I'm going to change it here, this post is an insult to the offender." That is, the crime of insult. ”

Cao Yun and Ouyang Yi discussed, and the crime of insult could not be beaten. Not only this post, but also a large number of attacks, insults, and ridicule can be branded as insults.

Ouyang Yi stood up: "The crime of insult is very extensive, I scolded a person in the mall, strictly speaking, I am suspected of insulting." Of course, because the circumstances are not serious, I will not be prosecuted. The first thing I have to know is, why am I scolding someone in the mall?"

Cao Yun cooperated very well and came out of the defense seat, took a tissue and squatted on the ground.

Ouyang Yi pointed at Cao Yun: "Because he defecated in the mall next to the toilet, his behavior made me very disgusted, so I scolded him." I believe that many people in the mall will underestimate him even if they don't know it. No matter how tolerant a person is, he will feel disgusted with him in his heart. On the other hand......"

Cao Yun stood up, rubbed his body softly against the pillar, and threw his eyes: "Handsome guy." ”

Ouyang Yi didn't choke and continued: "Lawyer Cao does this in the mall, some people like it, some people hate it, and some people have a neutral attitude. It doesn't matter if you like it or hate it, if I scold him at this time, there will definitely be problems. ”

Ouyang Yi said: "Why? because of moral constraints." Mr. Cao's first act was clearly an act of immorality. Although Mr. Cao's second act is still controversial in today's society, it is officially recognized as an act that has nothing to do with morality. If I scolded him for this, I would be suspected of discriminating against and insulting him. ”

Ouyang Yi said: "Back to this case, why are so many netizens attacking, insulting, and insulting criminals? Although his behavior did not violate the law, it violated the moral bottom line of most people's hearts. A professional diving instructor with a diving certificate and two years of experience chose to ignore two drowning children ten meters away. This behavior is incomprehensible and inexcusable. Assuming that the law punishes the offender, I don't believe that many people will attack the offender. ”

Ouyang Yi: "The situation is the opposite, the law is powerless. It's like when someone outside your wife is angry and you get a divorce, and the judge tells you that the principle of property division does not change because your wife is at fault. Angry, annoyed, why? Why does someone do bad things, but the law can't do anything about him? Now he is recklessly beating up and using the law to attack the vast number of netizens. ”

Ouyang Yi: "Fortunately, we have a jury. The jury is a group with a law-making function. In developed countries such as the United States, jury jury verdicts are often unlawful. Such as the principle of comparative loss, and the famous Singer trial, prompted the United States to introduce the first constitutional amendment. ”

The principle of comparative loss refers to the fact that the defendant violates the law and causes the plaintiff losses, but the defendant's violation is in line with justice or human feelings, or can win the sympathy and support of the majority of the people. For example, theft and robbery for the sake of children's food. However, the principle of comparative loss only does not pursue the criminal offence of the defendant, and supports the amount of damages. Even if you are extremely pitiful and righteous, you need to compensate for the losses you have caused to others, but considering the actual situation, you will not be convicted of criminal charges.

Ouyang Yi: "When he wantonly ignores a child in need of rescue, does anyone in the world support his actions? Yes, the two bear children did die by themselves, but they should not die for violating the rules prohibiting swimming, and no one should die for it." Just because everyone understands this, everyone is very angry at the criminals who cannot be punished by the law. ”

Nine-Tails: "Objection, we are now in trial for defamation and insult, which are not directly related to the death of the two children." The defense is inciting the jury to increase negative feelings against the defendant. The jury is reminded not to be influenced by the words of the defense lawyers. ”

Sonny: "The opposition works. ”

Nine-Tails: "We know from the defense lawyer that the defense has pleaded guilty to insulting, and I will confirm it here, and ask the defense lawyer to answer." ”

Cao Yun: "I don't admit it." "If you admit it, there's no jury business. If you want to win this case, you can only win on the jury, and at the same time, you can also help Flame win, and also help yourself and Ouyang Yi win 500,000 knives.