Chapter 84 Clarification of the legal basis

Zhang Lianghan gradually entered the state, and he continued to speak strongly, "Fourth, I request that the plaintiff Deng Zhihui's claim for compensation for sexual welfare be rejected in accordance with the law. The plaintiff, Deng Zhihui, has never explained the clear legal basis for his claim for compensation for sexual welfare, which means that the plaintiff's claim for sexual welfare has no basis in law. ”

"Moreover, the plaintiffs Deng Zhihui and Zou Meilian have not lived a married life now, and there is no so-called phenomenon affecting the life of husband and wife, so the plaintiff's claim is both unreasonable and illegal, and requests the court to dismiss it!"

Zhang Lianghan expressed his debate opinions freely, and the more Director Hu listened to it, the more pleasant he became, worthy of being a barrister, and what he said was extraordinary. Director Hu felt that the money was not spent in vain.

And Zou Meilian and Deng Zhihui unconsciously clenched their hands, and Zhang Lianghan's debate opinions were also very sharp, and they couldn't help but sweat.

The presiding judge presided over the trial, and the second round of debate continued. Prior to this, the court reminded the parties that there was no need to repeat the arguments already made in the first round. ”

Li Chao nodded to indicate that he knew, and then said loudly: "Although it was Zou Meilian and not Deng Zhihui who suffered direct physical harm in this case, Zou Meilian's body was infringed and ultimately affected the normal married life of the two plaintiffs, so it is not only Zou Meilian who is affected, Deng Zhihui is also a direct victim." Because the life of husband and wife must be carried out together, and Deng Zhihui's normal right to live as a husband and wife is affected, the mental and physical pain caused to him is also obvious. ”

"The concept of sexual well-being is already reflected in the Tort Liability Law. Article 2 stipulates that those who infringe civil rights and interests shall bear tort liability in accordance with this Law. "Civil rights and interests" as used in this Law includes personal and property rights and interests such as the right to life, health, name, reputation, honor, portraiture, privacy, marital autonomy, guardianship, ownership, usufructuary rights, security interests, copyrights, patent rights, the right to use trademarks, the right to discover, equity, and inheritance. ”

"The right of a husband or wife to live a normal conjugal life, i.e., sexual well-being, shall be included in the 'civil rights' provided for in Article 2, and the rights holder may bring a civil action when such rights and interests are violated. Therefore, the plaintiff Deng Zhihui has the right to file a lawsuit, and his claim for sexual welfare should be supported! ”

Li Chao directly came up with a legal basis and refuted Zhang Lianghan's views-for-tat.

Zhang Lianghan immediately replied: "The plaintiff's claim that sexual welfare rights are included in the 'civil rights' stipulated in Article 2 is only his personal analysis and opinion, and is not authoritative, so he requests the court to dismiss it." ”

Both sides were at odds for a while, and both of them happily expounded their views, this was a high-level debate, and Zhang Lianghan and Li Chao both felt happy. And the parties on both sides are very worried, because their respective agents are so good, they don't know who the court will support.

The presiding judge also straightened down, the previous debate was fierce, and the judges were also highly attentive to listen, this case has a special significance, and the presiding judge knew it before the trial.

Now that the trial is coming to an end, the members of the collegial panel are slightly relieved, and the high-intensity mental activity is too exhausting.

The presiding judge asked both sides, "This concludes the courtroom debate. Let's move on to court mediation. Whether the plaintiff and the defendant agree to mediation. ”

Li Chao and Zhang Lianghan agreed.

"The parties present their respective mediation opinions."

After discussing with the two plaintiffs, Li Chao then issued a mediation opinion, "We are willing to make appropriate concessions on the compensation for sexual welfare, and only ask for 50,000 yuan in compensation." ”

Director Hu snorted disdainfully, and then said loudly: "We don't agree. ”

Zhang Lianghan added: "Our mediation opinion is that the plaintiff Zou Meilian's losses are calculated according to the standards of rural Hunan, and the solatium for mental damage can only be compensated 10,000 yuan. As for Deng Zhihui's sexual blessings, we will not compensate. ”

"The differences of opinion between the plaintiff and the defendant were too great to reach mediation. Both sides present their final opinions. ”

Li Chao was not discouraged and replied loudly: "I request the court to support our various claims and order the defendant to compensate the legal losses of the two plaintiffs." ”

Zhang Lianghan responded unceremoniously, "We insist on mediation. ”

After listening to the final statements of both sides, the presiding judge loudly announced, "The collegial panel has deliberated on this case and is now adjourned for 30 minutes." ”

With a "snap" of the gavel, the presiding judge and people's assessors withdrew from the courtroom and went to the deliberation room for collegiate deliberations.

The parties sat in place and nervously awaited the outcome of the collegiate discussion.

Zou Meilian nervously asked Li Chao: "Lawyer Li, that lawyer Zhang always grabbed me to go home for the Spring Festival for the New Year, and he stalked me, it won't affect the compensation standard, right?" ”

Li Chao smiled slightly, with a strong confidence in his eyes, and comforted her, "Don't worry, go back for a period of time during the Spring Festival holiday, this is a statutory holiday allowed by the state, and it will not affect the identification of your habitual residence at all, and you will not have any problem if you calculate it according to the standard of Shenpeng urban residents." ”

"What about the solatium for mental damage?" Zou Meilian then asked nervously.

Li Chao replied calmly: "It is definitely more than the 10,000 yuan that the other party said, the collegial panel will fully consider the special circumstances of this case, and the amount of solatium for moral damage will not be less than 20,000 yuan." ”

Li Chao talked confidently and calmly, giving Zou Meilian strong confidence. Zou Meilian, who was originally nervous, relaxed her body uncontrollably, and stretched her waist involuntarily.

Deng Zhihui blushed, leaned over to Li Chao, and asked in a quiet whisper, "Lawyer Li, what about me...... Is it possible to win the compensation for sexual blessings? ”

Li Chao's handsome face was originally calm, but when he heard Deng Zhihui mention this topic, his calm color immediately faded, and was replaced by a face of perseverance and bravery.

Li Chao replied heroically: "Compensation for sexual welfare is the latest legal concept. I file a sexual welfare lawsuit, not only for you, but for the benefit of the many parties across the country who are suffering from this pain. The promulgation of the Tort Liability Law has given sexual welfare a legal basis. However, in judicial practice, our case is the first case in the country to file a sexual welfare lawsuit. ”

"Sexual welfare is a right that the public is unfamiliar with, and it needs to be further explored before it can be truly implemented in judicial practice."

"The significance of our lawsuit is that, regardless of whether we win the lawsuit or not, the concept of sexual welfare has been used for the first time in judicial practice and spread among the masses for the first time. I believe that with the accumulation of time, the rights of husband and wife will definitely be further protected by the law, and the right to sexual welfare will be clearly written into the law. ”

"Thousands of victims will benefit from our case! Zhihui, we filed a lawsuit for sexual welfare, whether the court supports it or not, it has been successful in a social sense! ”

In the end, Li Chao said in an expectant tone, "Let's wait for the final referee result together!" ”

"Yes, it depends on the judge." Zou Meilian and Deng Zhihui said in unison.

……

It's a good spring, it's better to have a dream. Good morning everyone, Qianjun asks for collections, recommendations, and rewards early in the morning! Thank you!