Chapter 91: Take a Blood Lightly
The next morning, Chaoyang Court.
"Ma Hesha v. Entertainment Without Limits magazine for defamation infringement and privacy infringement is now in court. ”
With the announcement of the presiding judge, the first courtroom of the Second Civil Court immediately fell silent.
(PS: As a defendant, you don't need the names of those entertainment magazines that exist in the real world, and you don't want to substitute for a specific media.) After all, this is a completely non-existent event in the real world. )
This time, Feng Jianxiong and Ma Hesha are not the only ones to sue - there are entertainment magazines that infringe on rights, as well as those lace news websites. It's just that the print media is relatively easy to catch, so the case is just going to trial first.
Once the print media defendant falls, the subsequent similar cases will be much easier, and the presiding court will often learn from how the earlier case was heard, and then quickly complete the process. As a defendant's website, it is also easy to knock on the mountain and shake the tiger, resulting in a great increase in the probability that it will choose to take the initiative to admit defeat and request mediation.
The defense came with a litigation representative, but he was not a big boss of the magazine, but a legal consultant who was appointed internally.
There is also a lawyer, who does not seem to be a top law firm with expensive fees, and it seems that the defense is not very willing to spend too much money on this kind of lawsuit, and there is little confidence.
Feng Jianxiong read the relevant response documents before the trial, and knew that the representative of the magazine was named Tu Jianburi, who was just a young girl with no firewood, and he had no consciousness. The lawyer's name is Gao Jingjie, who practices at Jinghua Law Firm and is not well-known in the industry.
The presiding judge gave a general statement of the plaintiff's claims and statement of facts, and then routinely and briefly asked the defendant for his response opinions.
The whole process took about 20 minutes, and then the evidence began to be presented and the cross-examination of both sides began.
Feng Jianxiong roughly listened to the other party's response opinions, and his heart was suddenly settled.
He took advantage of his leisure to cheer up Ma and Sha lightly:
"Don't worry, behave well. Looking at the attitude and aura of the other party, it should be in the pre-trial evidence exchange stage, I was frightened by our list of evidence, and at most I will only be a little stubborn in cross-examination. If we don't have flaws, it should soon be the rhythm of admitting defeat and seeking mediation. ”
"Yes, that's for the best!" Ma and Saki agreed nervously.
In the pre-trial evidence exchange stage, the "appraisal conclusions" that the party intends to present in court are of course within the scope of the list - that is, the other party must be told what evidence we want to submit.
However, please note that this is only a list of names, that is, the other party only knows the title of the testimonial, but does not know the details of the content.
The details of the content should be left to the formal court session, and the other party will carefully examine the evidence and confirm its credibility.
In other words, Feng Jianxiong asked Ma Hesha to do a virginity test, and the magazine could get the title information of "virginity test" before the trial, so as to roughly infer what the plaintiff wanted to do.
But that's about it.
According to the appraisal opinion, whether Ma Hesha is a virgin or not, and on what physiological details the relevant authorities judge that Ma Hesha is a virgin, these plaintiffs will not know in advance.
And Feng Jianxiong observed the other party's response to the lawsuit, and he could hear that the other party was already frightened just when he heard the title of "virginity identification". There is no negative evidence for this appraisal at all, but I just plan to fish in troubled waters and try my luck in the cross-examination stage.
……
"Now let's enter the cross-examination stage. The plaintiff asserted that a medical evaluation of Miss Ma and Yarn should be submitted, and that the plaintiff's attorney should explain the reasons why the evidence was relevant to the case. ”
After the presiding judge said this, it meant that the cross-examination began.
Feng Jianxiong stood up, talked eloquently, and expressed his opinion.
The medical appraisal is not just useless, and the plaintiff has to state how to use this thing - specifically in this case, "the defendant framed the plaintiff for the opportunity to appear on camera and sell himself for glory, and was ...... by how the unspoken rules were used", and the plaintiff tried to prove that "such unspoken rules do not exist" through the medical appraisal.
There is no need to repeat the specific statement - because according to the French language of the regular trial, these words can be written in nearly 1,000 words, and many words in the defendant's magazine have to be cross-referenced, and it is too watery to write them all.
Anyway, the core idea of Feng Jianxiong's statement was to hold the defendant to the death, and there were clear words in the lace article that "Ma Hesha sold his sexual rights in exchange for XXX", so as to clearly define the scope of the debate.
Otherwise, the opponent will be able to play the side ball to avoid.
After hearing these words, the defendant's lawyer, Gao Jingsuke, was already a little scalp-exploding.
If he wants to win, he can only stubbornly confront the other party on whether Ma and Sha are "selling themselves for fame", and other efforts are in vain.
"Honorable Presiding Judge, I question the qualifications of the other party's appraisal agency and the authority of the appraiser......"
Gao Jingjie also had no choice, and routinely attacked the accuracy of the other party's appraisal agency.
However, this question is obviously not offensive power, because Feng Jianxiong's side has already made all preparations.
The authorization document of the Department of Justice of the appraisal hospital, the results of the qualification inquiry of the appraiser, the historical performance, and which cases have been accepted...... There are quite a few of these basic documents.
The presiding judge glanced at them all, then said that there was no problem with the appraisal conclusion, and asked the clerk to enter all the surrounding information into the trial record.
"Does the defendant have any other arguments to make on the plaintiff's evidence? ”
After being repeatedly asked, Gao Jingsuke could only begin to question "whether Ma Hesha had done *** for Feng Jianxiong other than direct and classic sex-behavior".
"Miss Ma Hesha, may I ask if the photos of you and Mr. Feng Jianxiong in this publication are true? On the night of December XX, 2007, at the LZ** Hotel, did you open the door to receive Mr. Feng in your room?"
"The scene of the photo is true, but first of all, the photo was taken secretly and seriously violated my privacy. Secondly, your company's interpretation of the photos has seriously infringed on my reputation. ”
"Then what did you do with Mr. Feng after you opened the door that night?"
"Senior Feng came to see Sister Hui to talk about the narration script of the film "A Bite of China" - the staff of the crew can prove that Sister Hui and I lived in the same room at that time. ”
"Is the 'Sister Hui' you mentioned Miss Ding Lihui, who is still working in the XXX crew of CCTV Studios?"
"Yes. ”
"Then why did you go out in the middle of the night to open the door to strangers wrapped in a bath towel? As you can see from the scale of the photo, you were bare-bones with some of your thighs and all of your calves and bare shoulders, is this normal?
Of course I wouldn't go out in that way, but I just opened the door for a moment, so I was lucky. I was taking a shower and heard several knocks on the door. And when I came out after washing, I saw the unread text message on my phone and knew that it was Senior Feng at the door, not a bad person.
So I went for it right away, and that's it. I still have the relevant text messages and have not deleted them, so they can be verified. I just trust Senior Feng's character, because he often has a lot of beautiful seniors around him who maintain close friendships with him, but I have never heard of him playing with women in this way......"
Gao Kyosuke pushed forward with difficulty to ask questions, but Ma and Saa answered more and more fluently, and the whole person seemed to exude a pure light.
"This level is not as good as the devil training that Sister Nicole gave me. Indeed, the wicked will be adulterous, and the good will be more adulterous than the wicked, alas, ......"
Ma and Sa's heart can't say what it feels like, but it seems that there is no problem in winning the lawsuit.
……
After about two hours, all the evidence was cross-examined and the cross-debate on the issues came to an end.
Feng Jianxiong personally went out, and in the last verbal sword, he sprayed Gao Jingjie and Tu Jian to the fullest.
The two discussed urgently and asked the court to adjourn the trial temporarily, and they would ask the defendant's legal representative whether they could mediate - because Gao Jingjie had not received a special commission, and he did not have the right to directly admit the other party's claims.
The presiding judge asked Feng Jianxiong what he meant, and Feng Jianxiong knew that the other party wanted to "surrender and lose half". However, considering that he was in a hurry and there were other cases waiting for the outcome of this case, he agreed to the other party's request for a temporary adjournment.
Anyway, it's 09 years now, and the sales of this kind of paper media are not even a fart now. If you want the other party to lose money, you can't squeeze much oil and water. The key to this case is the need for fame hype, in order to wash white horses and yarn. It is enough for the other party to apologize on a large scale.
"I declare a temporary adjournment of 15 minutes. ”
As the presiding judge finalized it, he immediately called the president and began to fax the special power of attorney.
Fifteen minutes later, the court reopened, and Gao Jingjie admitted the plaintiff's factual statement and asked the court to mediate and close the case.
The presiding judge asked Feng Jianxiong and Ma Hesha for their opinions, and the plaintiff unanimously stated that the defendant could mediate the compensation plan on the basis of admitting all the facts.
When the presiding judge heard this, he was also happy to breathe a sigh of relief: Another mediation case was concluded, which was good for the performance of the government. Moreover, if you are willing to mediate, the trial workload will be much smaller. Originally, the trial was strictly carried out, but today it can only be tried to complete the determination of facts, and in the future, it may be necessary to hold one or two more court hearings on the application of law and compensation.
And if you are willing to mediate, you may be able to get through it today.
The business volume of the courts in Beijing is very large, and they are never afraid of no lawsuits, and the judges hope to pass it if they can get through it.
Half an hour later, the presiding judge, after some mediation and mediation, issued a mediation document:
"The defendant admitted that the plaintiff's claim for defamation and privacy infringement was established. After negotiation between the two parties, the defendant promised to publicly publish an apology in four issues of this magazine (weekly, one month), and publish an apology announcement in any online media at the NetEase/Sina level. Compensate Miss Ma Hesha for a total of 60,000 yuan for the loss of reputation and privacy, and bear the litigation costs of this case......"