Out of court.

The crowd of onlookers was in a hurry!

"Oops!"

"Zhang Ye won?"

"Damn! CCTV actually lost? really lost?"

"Twice the salary? This is the highest standard of compensation, because the salary is only a day or two late!"

"I'm going to go! Zhang Ye really won a CCTV set! Awesome! It's awesome! This is another precedent in the entertainment industry!"

"Mr. Zhang's lawsuit is definitely of historical significance! At least it will be recorded in the history of the entertainment industry of the Republic, and the artist who fought a lawsuit with a TV station for the first time won the lawsuit!"

"It's exciting!"

"Teacher Zhang is domineering!"

Everyone was amazed by the news!

The media reporters outside also surrounded Jiang Yuan and CCTV's lawyers for the first time, and the problems bombarded one by one!

"How did you lose?"

"Is CCTV ready to continue to appeal?"

"Deputy Director Jiang, what do you think of this verdict?"

"Lawyer Huo, where did you lose?"

Jiang Yuan said with a gloomy face: "Let it go!"

Lawyer Huo also had an unnatural expression, "No comment, no comment!"

Lawyer Huo doesn't want to say a word at the moment, he feels that today is the darkest day of his lawyer's career, in all fairness, this lawsuit in Lawyer Huo's view, it is indeed Zhang Ye who occupies a certain advantage, after all, he is the victim, is the plaintiff, the court will take care of a little bit, however, this is not absolute, the link of court debate is also the top priority, if you can occupy the absolute initiative in this link, Lawyer Huo believes that the winning rate of this lawsuit must be greater than that of his side, and don't forget, Zhang Ye did not hire a lawyer, he is a private prosecution, Lawyer Huo is a professional legal person, facing a layman who does not know anything about the legal provisionsOf course, he is absolutely confident, he feels that he can win, at least seven or eight percent of the chance of winning!

But if they lose, they will lose here!

Lawyer Huo will never forget the scene in court today, and he even learned at the end of the debate that Zhang Ye was even more familiar with the legal provisions than him!!

……

Three hours ago.

Court.

The clerk said: "The lawsuit is about to be heard, please be quiet! Now the parties and their agents ad litem are invited to enter the courtroom." ”

Zhang Ye walked up and stood in the plaintiff's seat.

Jiang Yuan and lawyer Huo entered the court at the same time and arrived in the dock.

I only heard the clerk's tone sternly say: "Now read out the court discipline: 1. All personnel present in court should obey the unified command of the judge, turn off all communication tools, abide by the court order, and do not smoke. 2. Observers must remain quiet, and must not make noise, applaud, or interject, and must not enter the trial area......" After reading a total of four or five articles, at the end, he turned around, "All stand and invite the judges to take their seats." ”

The court then proceeded to proceedings.

The plaintiff introduced, the defendant and the agent introduced.

The court investigation then begins, and the plaintiff presents the claims, as well as the facts and reasons.

Zhang Ye opened his mouth, "Five days ago, I ...... during my tenure at CCTV."

It was a procedural thing at the beginning, what Zhang Ye said was decent, and Lawyer Huo was the same, this is not a debate link, it is just a statement process, it is for the chief judge and others to understand what happened, the process is very slow, and it takes half an hour to go through the process.

The presiding judge asked.

Zhang Ye replied.

The presiding judge asked.

Lawyer Huo replied.

After all the statements, finally, the plaintiff and the defendant began to defend each other!

Lawyer Huo was quick to speak, and made a move first: "I want to ask the plaintiff, why didn't you communicate with my agent in advance when you knew that the salary had not arrived, as we all know, you are also an old qualification in the TV industry, and you have traveled to several TV stations and work units, according to common sense, you should not be ignorant of these processes, if there is a problem with the financial system, it is difficult for us to verify it at the first time, if you are required to claim two months' salary because of the system problem, we are absolutely unacceptable!" We even reserve the right to counterclaim that the plaintiff is suspected of fraud!"

At this moment, Zhang Ye, who had been drowsy and studying according to the script, suddenly seemed to be a different person, his eyes lit up, and his body straightened, as if a sharp sword had been drawn out of the scabbard, and he was full of energy, "Well, you go on." ”

And then again?

What do you mean by going on?

A male judge looked at him.

Lawyer Huo is also not very accustomed to it, he has fought not a hundred lawsuits with others, but dozens of lawsuits, but the opponents are all lawyers from professional institutions.

Forget it, who let it be a layman!

Alas, it's tiring to fight a lawsuit with a layman, it's too unprofessional!

Lawyer Huo was even more sure in his heart, he now had an eighty or ninety percent chance of winning, and only said: " I have several testimonies here, which are the testimonies of employees of CCTV's financial department, who can prove that on the day of the incident, the plaintiff did not contact us in the form of communication, but severely insulted and personally attacked our financial personnel in an abusive and questioning manner, which also indirectly caused the problem of salary payment due to system failure to be solved in the first time, for which the plaintiff has an unshirkable responsibility!"

Evidence is submitted.

Both the presiding judge and the judge looked at it.

The presiding judge asked, "What explanation does the plaintiff have?"

Zhang Ye also saw the evidence, smiled, looked at Lawyer Huo and said, "Your mother is your mother, you-big-master is you-big-master, is this a curse? Why can't I hear it?"

Lawyer Huo immediately said: "I protested, and the other party had insulting words. ”

The presiding judge said: "The protest is effective. ”

Zhang Ye said: " Presiding Judge, the evidence presented by the defendant just now is only unilateral out of context, and I also have a testimony here, showing the whole course of the incident, I communicated with the other party's financial personnel at the first time before the salary arrived, and the other party first refused to check my salary for me on the grounds that they were off work at the end of the day, and then refused to investigate the detailed reasons on the grounds that they did not have the right to inspect it, and finally, they also asked me to go to the relevant department to issue a certificate that my salary had not arrived, and also asked me to prove that my salary card was my salary card, Your mother is your mother, your grandfather is your grandfather's proof, during this period, our communication is very smooth and harmonious, why do you scold?"

Is this called communication and harmony?

Harmony with your sister!

Everyone in the auditorium: "......"

Lawyer Huo immediately said: "The other party's words are insulting again, and I protest." ”

After reading the evidence given by Zhang Ye, the presiding judge was silent for a second this time, "The protest is invalid!"

In other words, the court supported that Zhang Ye's words were not swearful in the context of the relevant evidence provided by Zhang Ye, so it rejected Lawyer Huo's protest.

"Thank you, Presiding Judge. Zhang Ye continued: "The defendant's repeated emphasis on the fact that the matter was caused by me makes one have to suspect its motive and purpose, and I now have reason to believe that the defendant's behavior of defaulting on my wages was premeditated from the beginning, rather than a so-called systemic problem." ”

Lawyer Huo frowned, "Please ask the plaintiff to come up with relevant evidence!"

"Okay, I'm applying for evidence. "Zhang Ye brought something up," This is the salary statistics and payment numbers of the entire CCTV, the source of the evidence I can't disclose for the time being, but I guarantee the authenticity of the evidence, you can verify it casually, the evidence shows that all the employees in the entire CCTV set, only I have not paid my salary, not that the system made an error on its own, but at 2:05:17 in the afternoon on the day of the incident, the system entry of my salary was artificially modified once, and at 2:09, it was artificially modified for the second time, which is the direct reason why my salary was not paid!" CCTV has been busy guiding public opinion and crisis public relations these days, and Zhang Ye is not idle.

Jiang Yuan's face was a little heavy, and as soon as he heard it, he knew that this evidence must be true!

Lawyer Huo didn't expect it at all!

What is the number of the salary system of CCTV? and the detailed operation of what is the point?

In fact, they don't know at all, not to mention the salary system of a financial department of CCTV, even the official website of the South Korean government, Zhang Ye comes and goes freely, how can this system defense stop a world-class hacker who ranks third in the world and has the highest bounty in the world today?

The presiding judge and the others looked through the evidence and exchanged words with each other in low voices.

Lawyer Huo countered: "First of all, I have serious doubts about the authenticity of this evidence, and secondly, there are many reasons for the artificial modification, perhaps it is a mistake caused by the misoperation of the staff, and there is no evidence to show that it was premeditated, so a subjective judgment in favor of the plaintiff cannot be made because of this!"

This evidence is very unfavorable to them, even if the authenticity of the evidence has not been verified by the presiding judge, it is enough to bring a bad hint to the judge, besides, from Jiang Yuan's expression, Lawyer Huo can also see that this evidence cannot withstand verification at all, it must be true, so Lawyer Huo is also anxious to reverse the situation, and said: "I want to add another piece of evidence, this is a labor contract signed by the plaintiff and CCTV." ”

Bring up the evidence.

The presiding judge and others looked.

I just listened to Lawyer Huo: " Article 5 and Article 9 of the second page of the contract clearly show that the relationship between the plaintiff and CCTV is not a purely labor service relationship between an individual and an enterprise, but a cooperative relationship under the contract, it was originally Zhang Ye's actual salary marked on the contract, and there is no need to pay it again, and we have been paying Zhang Ye's salary according to the salary base of a class of hosts in the station, which is only a favor, not an obligation, so we can't pay the amount of compensation demanded by the plaintiff!"

At this juncture, it is the time to really start fighting legal knowledge, and it is the real battlefield!

Mr. Huo has been looking forward to this link, and the difference between amateurs and professionals is reflected in this content!

Zhang Ye was not angry, and said lightly: "The wage payment law of the Ministry of Human Resources and Social Security of the People's Republic of China stipulates that no matter whether it is a regular worker or a labor dispatch worker, as long as he engages in the same content work and pays the same amount of labor, he should receive the same level of salary. The chief planner and other related positions should be paid for their labor, not the actual wages of the defendant, the copyright itself, so why should I pay my own salary?"

Hey?

This thing is quite capable of!

Jiang Yuan was a little surprised, he didn't think that Zhang Ye could really take the move!

Lawyer Huo was also slightly stunned, and quickly flipped through the large stack of texts in front of him, bowed his head and read: "Article 16, Paragraph 2 of the Copyright Law stipulates that special service works refer to service works such as engineering design drawings, product design drawings, maps, computer software, etc., which are made by using the material and technical conditions of legal persons or other organizations, and for which legal persons or other organizations are responsible, or service works whose copyrights are enjoyed by legal persons or other organizations as stipulated by laws, administrative regulations or contracts. The author of a work for special service enjoys the right of authorship, and the other rights of the copyright owner are enjoyed by the legal person or other organization!"

Zhang Ye looked at him and said: "I want to remind the defendant and the defendant's lawyer that the contract has clearly shown and agreed that this is not a special service work, but only a general service work under the agreement, and the copyright law stipulates that the copyright of a general service work is enjoyed by the author, but legal persons or other organizations have the right to use it preferentially within the scope of business." In addition, I would like to explain that the distribution scheme of the copyright agreement has been reflected in the labor contract! On the premise that there is no longer any dispute over the agreement, the defendant's refusal to pay wages is itself contrary to the labor law!"

Lawyer Huo was just about to speak.

Zhang Ye said again: "The Labor Law stipulates that workers have the right to receive labor remuneration in accordance with the labor contract and relevant national laws. The right to receive labor remuneration is an indispensable material guarantee for workers to continue to exercise their labor rights. According to Article 2 of the Opinions of the Ministry of Labor on the Enforcement of the Labor Law, as long as a labor relationship is formed between an enterprise, an individual economic organization and a worker within the territory of the Republic, that is, the worker has in fact become a member of the enterprise or individual economic organization and provides paid labor for him, the Labor Law shall apply!"

Lawyer Huo immediately said: "Labor law ......"

Zhang Ye interrupted: "During my tenure at CCTV, I created economic value for the defendant and paid real labor for the defendant, and the labor relationship between the two parties is undoubted, then, as a regular employee of the defendant, I have reason to ask the defendant to pay our salary!"

Lawyer Huo interjected: "The plaintiff's ......"

Zhang Ye preemptively said: "According to my country's "Labor Law", ......"

Interrupted by several snatching words, Lawyer Huo was annoyed, "Judge, I protest against the other party's ......"

Zhang Ye interrupted him for the fourth time, "I haven't finished complaining yet, please don't interrupt the defendant!"

The presiding judge looked at lawyer Huo, "The protest is invalid!" The plaintiff continues to appeal. ”

Lawyer Huo's face is blue!

Zhang Ye gushed endlessly and continued: "The 'unjustified arrears' in Article 50 of China's "Labor Law" should be understood to mean that the employer deliberately fails to pay the wages of the workers within the specified time without justifiable reasons! Article 4 of the "Supplementary Provisions on Issues Concerning the Payment of Wages" of the Ministry of Labor makes an exclusionary provision on 'unjustified': The unjustified arrears of wages of the workers do not include: (1) the employer encounters natural disasters that cannot be resisted by human resources, (2) If an employer is truly affected by difficulties in production and operation or capital turnover, it may, with the consent of the labor union of the unit, temporarily overdue the payment of wages to its employees, and the maximum limit on the extension period may be determined by the labor and social security administrative departments of each province, autonomous region, or municipality directly under the Central Government in accordance with the local conditions. In other cases, the arrears of wages are unjustified!"

I thought that Zhang Ye had finished speaking this time.

As soon as Lawyer Huo spoke, "...... for the plaintiff"

As a result, Zhang Ye didn't finish speaking, this guy seemed to be deliberately waiting for Lawyer Huo to interject, but as soon as the other party spoke, Zhang Ye continued: "And the company has not encountered natural disasters, wars and other reasons that cannot be resisted by human beings, and it is not unable to pay wages on time due to production and operation difficulties and capital turnover is affected, so the defendant has no reason not to pay my salary!"

Lawyer Huo was angry, "the plaintiff's ......"

Zhang Ye looked calm, and he didn't know how many times he interrupted: "The notice of the Ministry of Labor on the issuance of the "Measures for Economic Compensation for Violation and Termination of Labor Contracts" indicates that if an employer deducts or defaults on the wages of the employee without reason, and refuses to pay the employee's wages and remuneration for extended working hours, in addition to paying the employee's wages and remuneration in full within the specified time, it is also required to pay a certain amount of economic compensation!"

The presiding judge stared at Zhang Ye.

Several judges looked at each other.

The surrounding court staff and the people in the auditorium were also stupid!

And at this time, they actually found that Zhang Ye never lowered his head once from beginning to end, because he was different from Lawyer Huo, he didn't have a manuscript at all, and he just relied on a mouth to say it!

A professional lawyer who stammered there with a manuscript and couldn't interject!

An amateur plaintiff actually went out of the manuscript there, and the legal provisions were one after another!

I'm cǎo!

The situation is not the same as I thought!

Who the is a professional lawyer, hey!!

Zhang Ye also said: "In view of the continuous public opinion turmoil in this matter, the huge social impact, and the very severe impact and pressure on me, I ask the court to uphold the principle of protecting the weak in the labor law, that is, the principle of protecting workers embodied in a series of provisions in Chapter II of the Constitution of our country, "The Rights and Duties of Citizens", to add the amount of compensation to twice my salary and the symbolic relief figure of 1 yuan for my personal mental damages, and to demand an apology from the defendant, and to ask the court to support my claim!"

Lawyer Huo stared at Zhang Ye angrily, waiting for him to continue.

Zhang Ye said: "Well......"

One second......

Two seconds......

Three seconds......

As a result, Zhang Ye actually finished talking this time!

But Zhang Ye's chicken thief was a chicken thief before he showed that he had finished speaking, after those words, he still looked in the direction of the defendant, and after clearing his throat, his lips moved slightly, and he also hummed, giving Lawyer Huo and Jiang Yuan their feeling that Zhang Ye hadn't finished speaking, so they were all waiting!

Until the presiding judge spoke, "The defense has nothing to plead?"

At this time, Lawyer Huo reacted, by the way, he asked Zhang Ye to put it again, he knew that he was waiting for Zhang Ye to finish speaking and launching a counterattack, but the atmosphere of the scene was not, but the judge didn't know, what everyone saw was that Zhang Ye had finished speaking, and as a result, Lawyer Huo and Jiang Yuan's defendant were stunned for a long time, as if they were told by Zhang Ye that they were in a loss, and this time they were defeated, and they were already defeated in momentum!

Lawyer Huo was shocked!

It's broken!

It's really capsized in the gutter this time!

Who said that this grandson is a host? Who said that this grandson is a mathematician and a writer? Language logic, language arts, psychological warfare, and even legal provisions and related legal knowledge, Lawyer Huo was shocked to find out at this moment that this product is actually more professional than himself!?

How did you memorize so many articles?

Don't you even have to read the manuscript and don't have to look at the information??

And some of the legal provisions put forward by impromptu debates, you can actually give it a hand and quote it without even hitting it?

However, in fact, Lawyer Huo didn't know, he really guessed right!

The notice issued by the Ministry of Mobilization on the issuance of the "Measures for Economic Compensation for Violation and Termination of Labor Contracts" indicates that if an employer deducts or defaults on the wages of a worker without reason, or refuses to pay the wages and remuneration of the worker for extended working hours, in addition to paying the wages and remuneration of the worker in full within the specified time, it must also pay a certain amount of economic compensation!

The presiding judge stared at Zhang Ye.

Several judges looked at each other.

The surrounding court staff and the people in the auditorium were also stupid!

And at this time, they actually found that Zhang Ye never lowered his head once from beginning to end, because he was different from Lawyer Huo, he didn't have a manuscript at all, and he just relied on a mouth to say it!

A professional lawyer who stammered there with a manuscript and couldn't interject!

An amateur plaintiff actually went out of the manuscript there, and the legal provisions were one after another!

I'm cǎo!

The situation is not the same as I thought!

Who the is a professional lawyer, hey!!

Zhang Ye also said: "In view of the continuous public opinion turmoil in this matter, the huge social impact, and the very severe impact and pressure on me, I ask the court to uphold the principle of protecting the weak in the labor law, that is, the principle of protecting workers embodied in a series of provisions in Chapter II of the Constitution of our country, "The Rights and Duties of Citizens", to add the amount of compensation to twice my salary and the symbolic relief figure of 1 yuan for my personal mental damages, and to demand an apology from the defendant, and to ask the court to support my claim!"

Lawyer Huo stared at Zhang Ye angrily, waiting for him to continue.

Zhang Ye said: "Well......"

One second......

Two seconds......

Three seconds......

As a result, Zhang Ye actually finished talking this time!

But Zhang Ye's chicken thief was a chicken thief before he showed that he had finished speaking, after those words, he still looked in the direction of the defendant, and after clearing his throat, his lips moved slightly, and he also hummed, giving Lawyer Huo and Jiang Yuan their feeling that Zhang Ye hadn't finished speaking, so they were all waiting!

Until the presiding judge spoke, "The defense has nothing to plead?"

At this time, Lawyer Huo reacted, by the way, he asked Zhang Ye to put it again, he knew that he was waiting for Zhang Ye to finish speaking and launching a counterattack, but the atmosphere of the scene was not, but the judge didn't know, what everyone saw was that Zhang Ye had finished speaking, and as a result, Lawyer Huo and Jiang Yuan's defendant were stunned for a long time, as if they were told by Zhang Ye that they were in a loss, and this time they were defeated, and they were already defeated in momentum!

Lawyer Huo was shocked!

It's broken!

It's really capsized in the gutter this time!

Who said that this grandson is a host? Who said that this grandson is a mathematician and a writer? Language logic, language arts, psychological warfare, and even legal provisions and related legal knowledge, Lawyer Huo was shocked to find out at this moment that this product is actually more professional than himself!?

How did you memorize so many articles?

Don't you even have to read the manuscript and don't have to look at the information??

And some of the legal provisions put forward by impromptu debates, you can actually give it a hand and quote it without even hitting it?

However, in fact, Lawyer Huo didn't know, he really guessed right!

Zhang Ye, this pervert, spent a day yesterday and really memorized all the constitutions and civil laws of this world word for word!!