Chapter 39: False Public Benefit

As we all know, whether it is working in a "legal aid center" established by a judicial administrative department at any level (Department of Justice/Bureau of Justice) or a local university that is entrusted with it, the threshold is much lower than that of working in a law firm.

For example, with Feng Jianxiong and Yu Meiqin's current ability, they have only been in law for a year, and they have not yet received the qualifications for the exam, and the law firm is far from being qualified to go, but they can already provide legal aid to people.

The reason why the national law allows these legal talents with relatively garbage qualifications to lower the threshold is to solve the hidden needs of "professional lawyers only recognize money, and there is no way to make money, and the poor have no one to deal with their demands".

Therefore, although there is no explicit restriction on the types of cases that the Legal Aid Centre can handle, in practice it is limited by many unspoken rules of annual review.

In criminal cases, the state encourages legal aid to intervene, especially when the suspect is too poor to afford a lawyer.

In civil cases, those who are personally injured, divorced by vulnerable groups, infringed upon by others, and even migrant workers seeking wages are also encouraged to provide assistance.

However, in civil cases, in commercial cases, taking legal aid often leads to scrutiny - does the state give you financial subsidies to support legal aid personnel, so that you can "assist" those rich big bosses and solve business disputes?

This red line is well known to everyone in the Legal Aid Center.

It is precisely because of this that when Feng Jianxiong expressed the hope that Tian Haimo would continue to authorize him and conduct some "left-right fighting" anti-counterfeiting lawsuits with the public opinion of the Legal Aid Center, Tian Haimo was so hesitant and inclined to refuse.

She didn't want to be punished by the school during the annual review.

Previously, when Feng Jianxiong's series of patent cases were being prosecuted, Shi Nike also borrowed the name of the Legal Aid Center many times. But the prosecution side of those cases was weak after all, and Feng Jianxiong was the plaintiff in his personal name from the beginning, which was "an individual being infringed upon", and he was barely qualified to be "assisted".

But this time, the plaintiff is a large enterprise with annual sales of more than 2 billion yuan, and it doesn't look like a poor person who should be "aided" - not to mention that Feng Jianxiong actually filled his own pocket and used his own business information company to collect huge benefits from the other party.

It's a pity that Tian Haimo's resoluteness didn't last long, and was disintegrated by Feng Jianxiong's clever tongue:

"Sister Hai Mo, after all, we are not a legal aid center where the Bureau of Justice directly pays salaries full-time, so we can't compare it with the scale of state institutions, right? Moreover, I am very measured, and I promise that I will never use the name of the center to touch the lawsuit of commercial contract disputes. I only touch infringement. ”

This level of rhetoric has slightly reduced Tian Haimo's attitude, but it is not weighty enough. Nan Xiaoyuan, who is quite knowledgeable about the law, questioned worriedly: "There is also a problem with infringement, the plaintiff who has been invaded is too powerful, and they won't defend their rights by themselves......

"But this is not an ordinary infringement, it still involves 'counterfeit and shoddy products'. Sister Tian, Sister Nan, think about it, those counterfeit brand-name products, under normal circumstances, the quality is definitely not very good.

On our side, or in Wuyue Province in neighboring provinces, there are not many consumers who eat spicy food, and the hot sauce company of 'L Gan Ma' may not be too lazy to spend judicial costs to fight counterfeiting when the market expects low returns. This may lead to the long-term circulation of counterfeit and shoddy products in the market, endangering the lives and health of consumers and the safety of their property! This is related to food safety, and we take the initiative to crack down on counterfeiting for the sake of social welfare, is it still wrong?"

In the criminal laws of most other countries, "manufacturing and selling counterfeit and shoddy goods" in economic crimes is not included in the same crime.

Because counterfeiting is counterfeiting, counterfeiting is counterfeiting, and there is a world of difference between the two.

Counterfeiting may only infringe on other people's trademarks, brands and other rights and intangible assets, but it is entirely possible that there is no problem with performance and quality.

Shoddy and shoddy are problems in performance, quality, and safety.

In Japan, in Germany, and in other civil law countries, "production and sale of counterfeit products" and "production and sale of counterfeit and shoddy products" are two kinds of crimes that are very open-minded and cannot be marked on the code. Even the former is classified as "infringement of intellectual property rights", and the latter is classified as "infringement of quality safety/public safety", and even their higher-level summary crime systems are different. (For example, in some countries, "counterfeiting" is an economic crime, while "counterfeiting" may be a crime that endangers public safety.)

But who made the dynasty have not had the awareness of protecting intellectual property rights for so many years? So that it is difficult for everyone from the common people to consumers not to hate things that are "only counterfeit but of excellent quality."

Even many consumers feel that "what's wrong with doing piracy and using pirated copies? and saving money", and feel that if there is something counterfeit but of excellent quality, they should buy it immediately, and if they don't buy it, they will take advantage of it.

If you don't believe this, go to a fake store on Taobao that openly claims that "the quality is 100% the same as the genuine product, it's just piracy", and the absolute sales are very high.

The protection of intellectual property rights is so bad that the original legislation of the country and the DPRK had to bind "counterfeit" and "shoddy" together and hate, and guide the people to feel that the affirmation of "fake" is also "shoddy".

This detail was used by the shrewd and vicious Feng Jianxiong today.

He wants to fight fake things, which may be 100% free of quality problems, and they can't be related to "food safety" and "public safety".

But who let the country legislate and write counterfeit and shoddy together?

Feng Jianxiong wanted to say that his "public and private use" was "doing the right thing for heaven", and Tian Haimo couldn't think of anything wrong.

"It's really terrible eloquence...... Tian Haimo Gaoshan sighed upward, she didn't know how to refute, she also knew that it was still risky to obey Feng Jianxiong, but she still chose to give Feng Jianxiong a chance, "That's ...... If at the end of the year, when the judicial bureau in the city or district comes to guide the work and audit, will you come forward to help me defend myself?"

Feng Jianxiong patted his chest as a matter of course: "Of course, if there is any doubt above, I will help you come forward to defend - how can I sell my teammates?"

"Okay, let's do this first, and let's observe. After Tian Haimo and Nan Xiaoyuan discussed, they didn't think much of it.

……

Feng Jianxiong saw that he had taken care of the leader, so he took the opportunity to whisper a few words to Shi Nicole, took care of some of the operations she had to do in the near future, and then returned to the training work of the debate team.

"Okay, then that's all for my personal matters, sorry for the delay. Later, let's talk about the recent training arrangement. ”

Feng Jianxiong succinctly uncovered the matter, then turned on his computer and flipped out the notification email in the mailbox.

It was sent to him by the school's liaison, the nominal coach, Associate Professor Huang Jinsong, and he has already transferred it to several other teammates.

It's just that the time is in a hurry, and everyone may not have received it in the mailbox, so Feng Jianxiong took the opportunity to dictate again.

"The first round of the East China Division of the Domestic University Debate Tournament will start on August 15, so we still have more than half a month of intensive training. In previous years, this event was a four-round system, with no group stage and direct elimination.

This year, a total of 14 teams have signed up and passed the qualification examination, and our Jiangnan Province has the most qualified teams, reaching 5, followed by 4 teams from Hujiang City, 2 teams from Wuyue Province, 2 teams from Huihuai Province, and 1 team from Ganjiang Province.

Fudan and Jinling teams are seeded teams because they have won the domestic championship and the international runner-up respectively, so according to the competition system, they are eligible to have a bye in the first round when the number of participating teams is not enough. Therefore, these two teams will be seeded in the top half and bottom half respectively, as long as they start from the semi-finals, a total of only 3 games. The other 12 teams all played 4 games. ”

The format of this competition, Yu Meiqin and Nan Xiaoyuan are also in contact for the first time.

Only Tian Haimo was already the main player last year, so it was clearer. After listening to it once, I feel that there seems to be no reform this year, just like last year.

The only difference may be that Tian Haimo and Su Qin only won the first game last year, and then they were wiped out by Jinling University in the rematch. After this year's big blood change, I don't know how far I can go.

Yu Meiqin and Nan Xiaoyuan listened, and they were slightly unexpected.

Especially Yu Meiqin remembered that Feng Jianxiong was from Wuyue Province, so she casually complained: "I didn't expect Wuyue Province to have as few teams as Huihuai Province and Ganjiang Province, and I thought you were quite developed there." ”

Feng Jianxiong shrugged: "How can it be developed, it's a complete misunderstanding." Originally, in principle, the qualifications required for this competition were 211 universities or above. Wuyue Province gives two places every year, which is already due to the relatively large financial investment in education there, and it is extrajudicial to be gracious, otherwise there should be only one team. ”

Tian Haimo was accustomed to being a leader, and he was impatient to listen to everyone's chat, so he interrupted at the moment: "Don't talk about this, then who is our first opponent?

Feng Jianxiong looked at the printed email, discussed and deduced it with everyone, and then retold it after reaching a consensus:

"The opponent in the first round is Huazheng of Hujiang, which should not be at the top level, and with our strength in previous years, we can fight for it. The topic of the first debate was "The Internet is Unreal/The Internet is Not Unreal", which is a topic used in international competitions, and it seems that the above does not pay attention to it. At the beginning of the second round, there should be a special proposition.

If the first game is won, there is a high probability that the semi-finals will meet Qianjiang University, the semi-finals Jinling University, and the final Fudan University - if all the favored seeded teams can win as scheduled. ”

This kind of game is originally divided into strong and weak groups, and it is unlikely that strong teams will kill each other at the beginning. What's more, you have to win the first place in the competition area to be eligible to go to Sing Tao to participate in international competitions, so Feng Jianxiong doesn't care about whether he meets a strong enemy or a weak enemy first.

Second place is meaningless.