Chapter 5012: Unhappiness and Indisputability
Bao Feiyang put down the materials in his hand and looked up at Zeng Jingxiang: "Did you get any news? It seems that you are particularly worried that Changyuan County will favor Atari Company?"
Zeng Jingxiang laughed twice: "Feiyang, aren't you knowingly asking, don't you know what Changyuan County's attitude towards Atari is? Your Environmental Protection Department will go down, Changyuan County has no choice, but the lawsuit will be fought in the Changyuan County People's Court, and it is not up to them to decide what to do when the time comes?"
Bao Feiyang frowned, he originally wanted to make Atari's affairs beautiful in a conventional way, but now it seems that things are going very badly. As Zeng Jingxiang said, if the EPA does not exert pressure to refer the matter to the Changyuan County Court, they will certainly not give in.
It seems that you have to prepare for both.
Zeng Jingxiang continued: "I do have some sources in the Changyuan County Court, and it is said that the county has already greeted the court and asked them not to accept the case, but the court feels that the non-acceptance is too obvious, and they think that the litigation fee will make Xigang Village retreat, even if they do not know how to advance or retreat, it is difficult to define the responsibility of the environmental protection lawsuit, so Atari may not lose the lawsuit." ”
"Of course, the best option for them is to scare us away with high legal fees, so that they don't have to worry about being criticized because they are doing it strictly according to the law. ”
Bao Feiyang groaned, his fingers subconsciously knocked on the table, indeed, if the Changyuan County People's Court did this, Bao Feiyang really had no way to take them. Because according to the regulations, the plaintiff shall pay the acceptance fee, application fee, and litigation fee in advance if the lawsuit is filed, and if the lawsuit is won, the court will usually order the losing party to bear it.
But in this way, there will be two problems, one is that the cost of litigation may be too high for ordinary people to afford.
In the case of Xigang Village, for example, the amount of compensation claimed by a single person is not very high. However, if all the villagers form a group to conduct a joint lawsuit, then the total amount of the subject matter formed by the total will be relatively large.
The litigation costs of the case are charged in proportion to the subject amount, so the final litigation costs will be relatively high. In terms of the case filing fee alone, the compensation for injuries involves the property portion. According to 5o yuan per piece below 10,000 yuan, 2% for 100,000 to 200,000 yuan, 1% for 500,000 to 1 million, and 1% for more than 400 people in Xigang Village, 1 million claims, the case acceptance fee alone is as high as 138oo yuan, although the average is only about 30 yuan per person, and a family of four is only 1230 yuan. But for villagers who are accustomed to budget-conscious thinking, this sudden expenditure can also make them hesitate for a long time.
What's more, this is only the acceptance fee, in addition to the trial process, you may need to pay the appraisal fee, the professional appearance fee, and so on.
In addition, even if you win the case, the losing party may not immediately come up with the money. If the other party does not give money, it will apply to the court for enforcement, and the application fee is slightly lower than the acceptance fee, but it still has to pay tens of thousands of yuan.
Court enforcement may not guarantee that the money will be paid, and if the other party moves quickly, it is already bankrupt, or there is no property at all. Or there are many creditors who divide the property, and they may not get much money in the end.
Another problem is that there is a win or loss in a lawsuit, and no one can guarantee that they will be able to win the lawsuit, and if they lose the lawsuit, then the plaintiff can only bear the litigation costs himself.
And lawsuits are often protracted. Not only will it delay time, but it will also cause that even if the lawsuit is won, it will be a long time later, and if the other party appeals, it will have to go through the procedure again. It's going to be miserable.
In this way, regardless of the complexity of the law for the time being, just because of the cost, many people have given up the lawsuit.
As for the case of Xigang Village, even Bao Feiyang does not dare to guarantee whether he can win this lawsuit.
He reached out and knocked on the table, looked up at the wall clock hanging on the wall, picked up the phone and said, "It's almost time, let's go to dinner first, I'll introduce you to someone, maybe he can help you a little, let's talk later." ”
Bao Feiyang called Tu Xiaoming, asked him to have dinner together, and found a restaurant next to the Environmental Protection Department and asked for a private room.
Tu Xiaoming and Zeng Jingxiang are both the kind of men with relatively bold personalities, and the two of them are very fond of each other, and they quickly sat together and talked and laughed.
Hearing that Tu Xiaoming was going to organize a litigation aid fund, Zeng Jingxiang applauded: "I don't discriminate against the villagers, but I must also admit that the pressure of survival is too great, and money is like a tight spell, always wrapped around their heads. ”
When he first arrived in Xigang Village, he was still very popular, and the villagers were very grateful when they heard that he was a lawyer and wanted to fight a lawsuit for them for free and claim compensation from Atari. Some people also generously took out eggs and bacon from home to give to him, and some people killed chickens to entertain him, but when he filed for the cost of the lawsuit, everyone began to make trouble.
"Some people are fine, but they don't understand, and they think that Atari should pay the money, and they shouldn't be allowed to pay it, so I explained to them, we pay it first, and when the court decides, we win the lawsuit, and Atari must return the money to us. Zeng Jingxiang's face was full of helplessness, which showed that he did encounter a lot of difficulties at that time.
"Some people begin to feel that this is unreliable, they feel that they have not yet got the money, they have to take out more than 10,000 yuan, it is not cost-effective, although the more than 10,000 yuan is distributed to everyone, that is, thirty or forty yuan, but they still feel a lot, as if the more than 10,000 yuan is their own. Zeng Jingxiang sighed, it can't be said that these villagers are short-sighted, it can only be said that their ability to bear it is too poor to withstand the toss.
"There are also people who are worried about what to do if they lose the lawsuit, they think that the relationship between Atari and the county is so good, Zhang Yada often eats with the secretary and county magistrate, and the public can let Atari lose to them, let Atari lose money to them, and they don't believe that they can win. Zeng Jingxiang smiled bitterly and shook his head, in fact, he also had such worries, and he didn't dare to pat his chest to guarantee that the lawsuit would definitely be won.
"Some people even began to wonder if I had some ulterior secrets about running over to them so enthusiastically, whether I wanted to cheat them out of money, whether I really won the lawsuit, and I wanted to take a part of Atari's compensation......"
Zeng Jingxiang shook his head a little painfully: "To be honest, I was also very sad at that time, I thought of what Lu Xun said, mourned his misfortune, and was angry with him." ”
Bao Feiyang and Tu Xiaoming are a little silent, especially Tu Xiaoming, the Tu family's family education is relatively strict, Tu Xiaoming has not developed the habit of being a gentleman, but there is very little contact with the grassroots people, and it is difficult to understand their thoughts.
"Brother Ming, don't you understand? If you go down with Brother Zeng for two days and see that they may not be able to eat a little meat for several months, and even the eggs laid by the old hens raised at home are reluctant to eat, and they have no clothes all year round, and they can only hide at home when they are sick, you can understand that they are doing this because they are too poor. Bao Feiyang shook his head, he has experienced ups and downs, he has seen and heard more human tragedies, and knows that this kind of thing is not an exception, but a common phenomenon.
Zeng Jingxiang looked at Bao Feiyang in surprise: "Yes, they are very unlucky, and there are extenuating circumstances, but I didn't expect Feiyang that you are young and have a very good family background, so you can understand this kind of thing?"
Bao Feiyang smiled, he didn't mention the identity background of himself and Tu Xiaoming, but Zeng Jingxiang could also guess some from some details, and the lawyer was originally good at this.
Tu Xiaoming said: "I still don't understand, since they are so poor, they should stand up and fight, only after fighting can they live a good life, and if they don't fight, they can only live like this for a lifetime." ”
Zeng Jingxiang smiled and didn't explain, but looked at Bao Feiyang, wanting to see how he understood it, whether he really understood.
Bao Feiyang showed a wry smile on his face: "I said it all, you can only understand if you go down and take a run and see it with your own eyes." The reason is also very simple, because if they don't fight, they can still live, if they have to fight, once they fail, it will be a dead end, so the risk is too great. ”
"It's like a 10,000 yuan household, he can take out all 10,000 yuan to do business, even if he loses all of it, at most he just goes back to eat bran vegetables, maybe he doesn't need to be like this, as long as the coarse tea and light rice are fine. But for a poor man who only has a few hundred yuan at home, and even has to borrow, if you ask him to take out the money to do business, once it fails, he may not even be able to afford to eat, so he can only starve to death, do you say that he chooses to do business, he may eat meat, but he may starve to death, or choose no meat, but can live in peace?" asked Bao Feiyang.
Tu Xiaoming tilted his head and thought about it, and looked at Bao Feiyang with some uncertainty: "I may still want to eat meat, right?"
Bao Feiyang spread his hands helplessly and said to Zeng Jingxiang: "Let me say, I haven't experienced it personally, the answer is definitely different." ”
Tu Xiaoming said dissatisfiedly: "I think it should be like this, just like when I was sick before, as long as it is possible to cure my disease, or even reduce the pain a little, even if the treatment is dangerous, I am willing to try." ”
"This is not quite the same, to put it bluntly, the common people can still survive and have not been forced to a dead end, once they are forced to a dead end, of course they will stand up and resist, isn't this how I established it?" Bao Feiyang said, Tu Xiaoming didn't understand, or because he didn't have personal experience, not eating meat for a few months might have been painful for him, but for some villagers in Xigang Village, it was just a matter of habit.
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