Chapter 361 Civil Litigation
Zhang Ruiming gently reported his daughter, looking at Xuanxuan, who was sleeping like an angel in his hand, he sighed in his heart, today he broke his promise to his daughter again, so that he thought that he would face a difficult tear when he came back, but he didn't expect that it was such a birthday banquet, which made him quite moved in his heart, and he only felt that his daughter had really grown up and matured.
But now his wife said that his daughter actually beat someone at school? This made Zhang Ruiming feel a little unacceptable, he turned around and asked softly: "I think Xuanxuan is very well-behaved, why do you still beat people at school?" This time we can't let her come again, last time I didn't take care of it was already a bad habit for her, this time I must teach her a good lesson, come, just wake her up now." ”
After speaking, Zhang Ruiming was about to gently pat his daughter awake, but Tang Shi next to him grabbed his hand, "Don't, don't blame her, she was also wronged this time, my teacher and I have already criticized her, and she also apologized to her classmates, let's talk about her again, it doesn't make much sense." ”
Zhang Ruiming heard that Xuanxuan had apologized, and he slowly put down his hand, he had not been at home enough all these years, which made him feel quite guilty all the time, and now that he thinks about it, it is also his own responsibility.
I can't raise my godfather's fault.
"Forget it, if you can know to apologize, then teach her a lesson tomorrow, right...... Why did you hit someone this time?"
"Hey, it's not just about children......" Tang Shi didn't want to mention it, but she couldn't stand her husband's repeated questions, she sighed and said, "I said yes, but ...... You promise me first, don't confront others after listening to it, and don't lose your temper, okay?"
Zhang Ruiming nodded silently, and Tang Shi said: " Xuanxuan has a few good friends in school, their Xingxuan Primary School is the best private school in Tianjin and Hong Kong, basically the people who study there are not rich or expensive, most of them are the children of the CEOs of rich companies, I don't know where the rumors came from, some of the boss's children are bad, saying that you are a bad prosecutor who is looking for extortion from those big companies, and specializes in dealing with those rich people, and these children will join forces to bully your daughter together, last time they also threw Xuanxuan's things in front of her, scolding her father for being a corrupt criminal, your daughter couldn't help it, so she scuffled with the boy in the lead, and scratched people's faces,Fortunately,Now that the matter has been resolved,Don't take it to heart,Children's families,Now this environment is the most disgusting and rich and poor,This kind of thing is easy to happen,I've asked their teachers to pay attention.,Communicate with us in time if there's anything,Don't you have any ideas......"
When Tang Shi said this, she raised her head from Zhang Ruiming's shoulder, looked at the lights in the distance, and didn't care about looking directly into her husband's eyes, she also knew that Zhang Ruiming had been under a lot of pressure recently, and suddenly telling him these things would only increase the burden on the men in the family, originally she didn't want to say it, but there was no way, since it had happened, she had to make up for it.
Zhang Ruiming's face was blue and white for a while, he never thought that his status as a prosecutor would bring such a burden to his daughter, he originally thought that a family like himself should be worthy of making his daughter proud at school, but he didn't expect it to attract such a bullying incident, this strong sadness made him speechless, no matter what time he was over the years, he didn't feel so discouraged like this moment.
It's not right to beat people, but at that time, Xuanxuan just wanted to maintain her father's reputation.
Zhang Ruiming thought for a while, and could only hold back two sentences between his teeth, "Our precious daughter, her temper is like mine, she is stubborn and tough, and if she is not satisfied, she only knows how to scold her directly...... Hey, it's hard for her. ”
Tang Shi didn't speak, the stars in the sky blinked, and looked at the family in silence.
…………
The case of Zhou Qiangnong suing Quanjian Group for infringing on the right to name, portrait and personal ** rights for false propaganda and profiting from it will be heard today, early this morning, Zhang Ruiming specially asked for a leave of absence and took Zhang Liang to the Xijiang District People's Court of Jingang City, ready to observe this case that is deeply implicated with himself.
At the door of the court, Zhang Ruiming and Zhang Liang got out of the car, but they saw that the road was calm, at the door of the Xijiang District Grassroots Court, where crowds usually gather, they didn't see a reporter today, and they didn't see any banners and slogans, which is too unlike Tang Zuo's usual style, Zhang Ruiming only felt a little strange, this time the Zhou family invited the "die-hard faction" barrister, the consistent routine is all kinds of momentum, and solve the battle outside the court, this is Tang Zuo's consistent tactics, and it can be regarded as his strength. But in today's important lawsuit, Zhang Ruiming did not see any signs of momentum, all of which is really unusual compared to his "past record".
But Zhang Ruiming didn't have time to think about it, so he swiped his ID card, took the audit ticket, and led Zhang Liang to the private court to find it.
In the third civil courtroom, Zhang Ruiming walked in, it was about to start the trial, as soon as he entered, he saw Zhou Qiangnong and Zhou Yang's uncle Zhou Dali, the faces of the two simple peasant families, full of nervousness and crampedness before the trial, sitting on the plaintiff's bench, hands and feet as if they didn't know how to place, seeing Zhang Ruiming here, the two waved and smiled, stood up and prepared to come over to greet Zhang Ruiming. And a middle-aged man sitting next to them with a thin face and hateful eyes, also saw Zhang Ruiming who suddenly appeared at this time, his sharp cheekbones were suddenly towering, and his eyes were even more fierce.
After Zhang Ruiming and Zhou Qiangnong and others said hello, they also looked at the middle-aged man with poor eyes, and recalled those auspicious pieces of light in the Dongjiang River, his heart was touched, and his face was repaid with virtue, and he handed over a warm smile, which made the middle-aged man with sharp eyes even more unhappy.
This sharp-eyed middle-aged man is the famous die-hard lawyer Tang Zuo, in this case of Zhou Qiangnong crying v. Quanjian Group, he, as the lawyer of the Zhou family, sat in the plaintiff's seat, and was about to fight for the reputation of Xiao Zhouyang.
At this time, Zhang Liang next to him leaned over and whispered to Zhang Ruiming: "Zhang Jian, this is that Tang Zuo......? Awesome, I guess it's not an easy guy to deal with. ”
Zhang Ruiming smiled bitterly, he had personally experienced the tricks of this Tang barrister, and nodded at this time: "Of course, I don't know how many judges and prosecutors in the whole Jingang have a headache with this guy, have you ever experienced this person's mad dog play, it is called an entanglement, but seriously, he came forward for Xiao Zhouyang in this case, and I am a little more relieved." ”
The two were chatting, only to see the judge of the civil court walk in, this case from the surface, is a simple infringement case, the value of the case is not very large, so it is placed in the grassroots court, and it is also a summary procedure, it is not as rigorous and full as Zhang Ruiming's usual public interest litigation in the Intermediate Court, the clerk sat in front of the computer and checked the information of the parties.
Then the judge briefly talked about some discipline and requirements, and as soon as the gavel was struck, the case officially began.
Infringement lawsuits like this, in particular the right to reputation, In this case, although there is a veteran like Tang Zuo to take over, Zhang Ruiming still reminded Zhou Qiangnong three times and twice, asking them to remember to apply for preservation and notarization of the evidence collected on the Internet before, at this time, when Tang Zuo took it out one by one in the court, Zhang Ruiming, who was sitting in the audience, was also a burst of excitement in his heart, looking at the well-known barrister representing Quanjian Group sitting in the defendant's seat opposite, he actually felt a burst of excitement in his heart, and debated in court, verbal battles, this is the battlefield that Zhang Ruiming is most accustomed to, and it is also the place where his blood is surging, I really can't wait to be able to sit on that chair for Tang Zuo and give full play to his value to the limit.
It's a pity that today he is just a spectator, a bystander, everything on the field seems to have nothing to do with him, so he can only sit alone on the sidelines, watching this war without gunpowder.
Tang Zuo's performance is average, obviously not very familiar with this kind of dignified trial scene, for the other party's lawyer put forward several tort law explanations, he reacted very slowly, failed to grasp the loopholes, but was led by the other party's nose, Zhang Ruiming and Zhang Liang also mentioned him below to sweat, secretly anxious.
The trial proceeded very slowly, but the rhythm in the middle was not quite right, Zhang Ruiming simply summarized it, and found that Tang Zuo missed several key evidence points, and there were some flaws in the copy of evidence during the period, which was soon discovered by the star lawyer team hired by Quan Jian, followed by a round of indiscriminate bombardment.
Such a situation made Zhang Ruiming a little worried about whether Tang Zuo could survive the court debate.
Sure enough, Tang Zuo has not been able to survive the court debate stage, in the evidence cross-examination, the opposing lawyer team found a flaw in one of the copies of the evidence, and questioned it, and the judge took into account the authenticity of the evidence and approved the request of the opposing lawyer to postpone the trial.
With a dull sound of "bang", the gavel fell suddenly, announcing the temporary end of the trial, Quanjian's star lawyer group immediately packed up his things and got up, without looking at the angry Zhou brothers, they simply regarded them as nothing, and walked out of the courtroom, and Tang Zuo also stood up, today's first trial, his face was not very good-looking, and the other party refuted and questioned several key pieces of evidence one by one, making him quite passive at the scene, and the scene was simply miserable. But he didn't lose when he lost, and when he stood up at this time and walked towards Zhang Ruiming, he still looked arrogant and didn't look at him squarely.
Zhang Ruiming knew that this kid still remembered the Liangzi who was married in the Dongjiang River back then, he stood up, walked up to Tang Zuo with a smile on his face, stretched out his hand, and gave the barrister a step with a friendly attitude.
Tang Zuo glanced at it, and did not stretch out his hand, but said in a strange manner: "Prosecutor Zhang, I haven't seen you for a long time, I heard that in your case, there is no way to take the Quanjian Group, and you actually want us ordinary people to do it ourselves, what's the matter? Your procuratorate can't file a case? So what's the use of you people who engage in public interest litigation?"
In the face of the cynicism of this former opponent and today's comrade-in-arms, Zhang Ruiming just raised his eyebrows and smiled: "Oh, we are also investigating this, don't worry about Barrister Tang, Barrister Tang, I have always been curious, how did you escape from that big pit of Nanjiang Group? Why? Li Jin, didn't they all bow out of you?"
Zhang Ruiming This is which pot is not opened and which pot is not mentioned, Tang Zuo saw that he brought up the case of Nanjiang Group again, that case is treacherous, and it has not been officially closed yet, Tang Zuo was the chairman of Nanjiang Group at that time, Li Jin, and the mastermind behind the scenes, Lu Haobo pushed to the table, he spent a lot of effort to get rid of his suspicion, crawled out of that big quagmire, and now when he thinks about it, he still has palpitations. At this time, Zhang Ruiming poked the sore spot, but he was also silent, and after half a sound, he replied not to be outdone.
"Zhang Jian, I'm innocent, otherwise I would still be standing here? I tell you, don't spray people with blood, be careful that I accuse you of slander, don't be complacent, weren't you still in the provincial inspection back then? What? Now you have been assigned to a local area again? Everyone else is getting better and better, the fat prosecutor who was with you at the time, and later succeeded you, oh yes, it seems to be called Gu Hai, right? Everyone is now the director, and they are all in the courtroom, why did you go back more and more?"
Tang Zuo's naked provocation made Zhang Ruiming's face change a little, he chuckled, slurred his teeth twice, looked up and said: "Hey, I'm not here to fight with you today, I'm here to help the Zhou family win this lawsuit, I don't have time to talk to you." ”
"Oh, win the lawsuit, it's up to you, heh......"
Zhang Ruiming didn't bother to pay attention to Tang Zuo's chuckle, he took out the record he had made during the trial, and said to Tang Zuo Zhengse: "Don't think too highly of yourself here, I just listened to it for a while, and I have summarized the problems you have left behind, I will tell you one by one, first, the article 38 of the Tort Liability Law that you cited is ......."
Tang Zuo used a strong hand, almost about to knock the notebook in Zhang Ruiming's hand to the ground, he has never had a good impression of Zhang Ruiming, last time in Dongjiang, and Zhang Ruiming almost started on the TV station, and then Zhang Ruiming used Ye Wen's beauty to lead him to reveal the anonymous phone number, he later learned that Liu Gong was arrested because of the number he leaked, if he wasn't usually more careful and didn't leave any tricks, that action at that time would have allowed him to be locked up together.
At this time, let him have a good talk with the prosecutor in front of him who was about to ruin his life, and listen to the instructions and lessons of the other party, how could Tang Zuo be convinced.
"Fuck off, I have my own opinions on this case, I don't need you little prosecutor to chirp here, I don't need you to teach!"
After saying that, Tang Zuo walked out of the courtroom without looking back, completely ignoring the party who was left behind by him.
Zhang Ruiming was embarrassed, he wiped the spit on his face, chuckled and shook his head, he didn't expect that Tang Zuo would have such a conceited attitude, but now he was abandoned with good intentions, just embarrassed to put away his things, and prepared to leave with Zhang Liang.
Zhou Qiangnong and Zhou Dali next to him hurriedly came over at this time and apologized to Zhang Ruiming for Tang Zuo, Zhang Ruiming just waved his hand: "There is no need for the two of you to be like this, I don't care, I just want to help everyone, so that Xiao Zhouyang can be blind, although I can't appear in court for you, but I hope to do a little thing for you in the periphery, yes, I just saw that Tang Zuo didn't apply for the "Chinese Divine Water" built by Quan Although you are suing the other party for infringement in this case, but in the area of false publicity, you can also exert strong pressure and blow to Quanjian, why let go of such a critical point?"
"What is the inspection, chemical ...... What to do?"
Zhou Qiangnong looked confused, obviously not hearing what Zhang Ruiming meant before.
"I mean, you have a key piece of evidence that has been left behind, and you have not applied to the court for an examination, and then you will be in trouble if you falsely advertise this. ”
In his opinion, there are two key requests in this civil lawsuit, one is the false publicity of Quanjian Group, and the other is the infringement lawsuit against Xiao Zhouyang's reputation rights, name rights, and portrait rights, which seem to be based on the latter, but in fact, in terms of economic benefits, false publicity may be more able to obtain objective compensation, because according to the "Anti-Unfair Competition Law" , can compensate the parties several times the sales price at that time, so from this point of view, Zhang Ruiming put forward a kind suggestion to the Zhou family at this time.
First of all, the product production license number is inconsistent with the packaging label, which is unlicensed production, which violates Article 35 of the Food Safety Law on "the state implements a licensing system for food production and operation".
Secondly, as an ordinary food, the product promotes health benefits, and according to Article 73 of the Food Safety Law, "the content of food advertisements shall be true and legal, shall not contain false content, and shall not involve disease prevention and treatment functions." Food producers and traders are responsible for the authenticity and legality of the content of food advertisements. At the same time, "if the food is falsely advertised and the circumstances are serious, the food and drug supervision and administration department of the people's government at or above the provincial level shall decide to suspend the sale of the food and announce it to the public; if the food is still sold, the food and drug supervision and administration department of the people's government at or above the county level shall confiscate the illegal income and the illegally sold food, and impose a fine of not less than 20,000 yuan but not more than 50,000 yuan." ”
That's why I have to make these requests, Zhang Ruiming thought of this