Chapter 223: Green Hemp, Is It a Dollar Matter Now?
As soon as he was about to walk into the courthouse, Ye Xiangyang saw Mixixi's legal staff appear in sight.
Just two people.
It's just an ordinary civil dispute, and the amount of money involved is very small, and the fact that Mixixi only sent two people over does not mean that they do not attach importance to today's court session.
But no matter what, they can't send a whole bunch of people over with a lot of fanfare.
This will seem to attach too much importance to Ye Xiangyang, and if it is passed out, it will seem that the other party's morale will destroy his prestige.
At present, many people are still paying attention to this eucalyptus.
"See you again."
"Isn't that what you were expecting?"
Facing the other party's response, Ye Xiangyang smiled silently.
before.
The other party applied for a pre-trial mediation through the court, and the two parties had already met at that time, but Ye Xiangyang did not agree to the conditions proposed by the other party.
The main controversy is twofold.
First, Ye Xiangyang asked Mixixi to apologize publicly, and the other party said that it was okay to apologize, but it could not be made public.
Second, Ye Xiangyang asked the other party to compensate for one yuan of mental damages, but the other party refused, but said that if Ye Xiangyang agreed to withdraw the lawsuit, he could pay three times the compensation for the price of the goods that had been disputed before.
As for the first point, I guess everyone can understand it.
The second point is that some people may be lost in the lake.
Obviously, the withdrawal of the lawsuit is more compensation, why do you have to insist on only one yuan of spiritual compensation.
This involves the concept of the other party's stealing.
Although the compensation for moral damages of one dollar is very small, it reflects the practical role of the law in protecting the moral rights of the victims and restoring the victims' personality rights.
The triple compensation proposed by the other party is aimed at the transaction dispute between Ye Rou and the merchant, but the key is that this time the eucalyptus has a relationship with the merchant, but it is not so directly related.
Because Ye Rou and Ye Xiangyang sued Mixixi, it was their service and the handling of disputes between buyers and consumers.
Different.
The two sides greeted each other, didn't communicate much, and walked in together.
There is no smell of gunpowder, and there is no atmosphere of saber-rattling.
It's not a mortal enemy, not rather.
Ye Xiangyang came alone, but when he walked into the third civil court, he found that Shen Qing had appeared here early in the morning, sitting in the auditorium and looking down at the documents.
"Tsk, isn't Barrister Shen out of time today?"
Ye Xiangyang walked over.
If he remembered correctly, yesterday Ye Xiangyang asked her if she wanted to come to the scene to watch her "first time", and Shen Qing's reply was that she would also hold a court session in the morning.
"Who said I wasn't available?"
Shen Qing raised his head, looked at Ye Xiangyang with a smile in his eyes, and couldn't help but say.
"You said it yourself!"
Ye Xiangyang is a pity, if he records last night's phone call, he can make Shen Qing die on the spot, so as to avoid listening to her sophistry about not admitting her account.
"What did I say?"
Seeing Ye Xiangyang like this, Shen Qing couldn't help but smile.
"You said you were going to court in the morning!"
Ye Xiangyang replied.
He had a hunch that someone was going to start disagreeing.
"That's right!"
Hearing this, Shen Qing nodded, then raised his wrist to look at the time on his watch, raised his head and asked Ye Xiangyang teasingly: "Ten o'clock, should it be in time, right?" β
βοΌοΌοΌβ
Ye Xiangyang felt that he had been tricked.
Seemingly......
I actually played word games with him.
"Come on, Reporter Ye!"
Seeing Ye Xiangyang's speechless appearance, Shen Qing stopped teasing him and encouraged him.
"Thank you, Mr. Shen."
β¦β¦
It didn't take long.
The court arrived and the trial began.
Everything went according to the process, and soon entered the trial investigation stage.
ββ¦β¦ On October 15, the plaintiff received the goods he purchased on the Mixixixib platform, and found that the physical goods did not match the advertisements of the merchants on the platform.
However, after receiving the complaint, the Mixixixi platform did not deal with it, and the plaintiff unexpectedly found that his original negative review comment was blocked by Mixixixi for no reason and could not be displayed normally in the comment area, so he gave feedback to the official customer service of the Mixixixi platform, and the result was ......"
"Afterwards, the plaintiff wanted to file a complaint and protect his rights through the 12315 platform, and found that the business license of the merchant was not publicly displayed in accordance with the relevant regulations, so he found the customer service of the Mixixi platform again, but the other party refused to provide the business information of the merchant and asked the plaintiff to fill in the relevant information involving personal privacy......"
"We demand that the Mixixixi platform restore the plaintiff's negative comments, admit his misconduct, publicly issue an apology, and compensate the plaintiff for one yuan for mental damages."
Although it was the first time to stand here and speak as an agent ad litem, Ye Xiangyang was not stage frightened at all, mainly because he had experienced too many court trials before.
This can only be regarded as a small scene.
"I now give the floor to the accused."
As the judge spoke, the legal representative sent by Mixixi on the other side stood up.
"We do not recognize all the plaintiff's claims."
As the words fell, almost everyone's eyes turned to him.
Feeling everyone's gaze, the other party took a deep breath, and then said:
Here's why:
1. The negative comments published by the plaintiff on our platform violate the evaluation norms and regulations stipulated on our platform, and we have the right not to display them publicly.
2. When the plaintiff asked our platform for the merchant's industrial and commercial information, the customer service of our platform did not refuse to provide it, but only ......"
With the end of the statements and defenses of both sides, it became more lively when it came to the presentation of evidence and cross-examination.
ββ¦β¦ In the first half of this year, the State Administration for Market Regulation drafted the "Guidelines for the Implementation of Responsibilities of Internet Platforms", which proposed that internet platform operators should establish and improve credit evaluation systems for operators on the platform, publicize credit evaluation rules, provide effective and convenient channels for consumers to submit user evaluations and other users to view user evaluations, protect consumers' credit evaluation rights, and create a positive credit evaluation environment.
At the same time, internet platform operators must not unlawfully delete or tamper with the content of relevant user reviews, and must not interfere with the normal display of user reviews......"
"Although our plaintiff has confirmed the receipt of the goods, and the platform did pop up a fixed prompt when the plaintiff confirmed the receipt, it does not mean that we have completely waived our rights to protect rights, nor does it mean that we recognize the quality of the goods.
In addition, in accordance with the relevant provisions of the Law on the Protection of Consumer Rights and Interests, if an online platform provider clearly knows or should know that a seller or service provider is using its platform to infringe upon the lawful rights and interests of consumers, but fails to take necessary measures, it shall ...... in accordance with law"
"As the manager of the platform, Mixixi has the obligation to review and verify the merchant information and business qualifications, and require and supervise the merchant to make the necessary information publicity......
At the same time, when there was fraud and false publicity in the merchant's behavior, our plaintiff requested that the platform had to ask customer service for not truthfully displaying the merchant information in accordance with the relevant regulations, but was required to fill in the so-called application form involving personal privacy information, which was an artificial obstacle for the plaintiff to legally obtain the merchant's industrial and commercial information......"
ββ¦β¦β
The two sides fought with each other.
But obviously, Ye Xiangyang was more prepared.
Although he is not a professional, he has been studying this aspect during this time, and some information provided by Shen Qing has also been of great help.
Because the evidence that Ye Xiangyang took out was mainly the records of Ye Rou's communication with Mixixi's official customer service at that time, and the evidence was preserved in advance, Mixixi had no way to do things by modifying the background data as before.
However, the other party took the transaction dispute between the merchant and Ye Rou as an example, and used the reminder that Ye Rou chose to confirm the receipt of the goods for the sake of a bad review, proving that they had fulfilled their obligation to remind, and tacitly acquiesced that Ye Rou gave up the follow-up rights and interests and did not pursue any further investigation.
It's hard to argue with the duty to remind, but the latter is a bit of a stretch.
even said that Ye Rou and Ye Xiangyang could not come up with the signature photos and unboxing videos, and the evidence was insufficient, and they could not confirm that the merchant had fraud, and they did not carry out follow-up processing, and everything was legal and compliant.
If you have to break down the source and uniqueness of the goods involved in the dozens of dollars, it will naturally cause certain difficulties.
Unfortunately, no matter how much they try to shift their focus and make excuses, they can't change the idea of unjustifiably blocking bad reviews and putting obstacles in the way of providing business information.
The eucalyptus itself is not complicated, and Ye Xiangyang was not led astray by them.
With the completion of the two processes of court arguments and closing arguments, after a brief adjournment, the results were quickly reached.
Winter!
ββ¦β¦ This court holds that it is the legitimate right of consumers to criticize and comment on the products and services of merchants on online shopping platforms, and only consumers take the opportunity to slander, slander and actually damage the reputation of merchants...... In this case, the plaintiff posted an evaluation on the platform after receiving the goods, which was based on the consideration of comprehensive quality factors such as the goods themselves, and expressed the ...... Mixixixib failed to comply with the requirements and supervise the merchants to truthfully disclose the necessary information, and artificially set up obstacles when the plaintiff requested its industrial and commercial information......
The judgment is as follows:
1. Reinstate the plaintiff's negative comments on the Mixixil platform;
2. Publicly issue an apology statement to the plaintiff;
3. Compensate the plaintiff for one yuan for mental damages.
This judgment shall take effect on the same day as of the date of issuance, and if you are not satisfied with this judgment, you may appeal to the court at the next higher level. β
Win!
When the verdict came out, Ye Xiangyang was a little excited, but he wasn't too excited.
Although the other party is a large company, Ye Xiangyang has been preparing a lot during this time, and Shen Qing has helped, so he still has some confidence.
"We'll keep appealing."
Coming out of the courtroom, Mixixi's legal representative left such a sentence and left directly.
"Tsk, depending on what the other party means, he is planning to play a scoundrel."
Walking out from behind Ye Xiangyang, Shen Qing couldn't help but tease.
"It's people's right to appeal, and I can't stop it, right?" When Ye Xiangyang heard this, he couldn't help laughing.
Obvious.
Even if Mixixi appeals again, it will be difficult to change the outcome of the first trial.
Their purpose in doing this is nothing more than to delay time and disgust people.
Relying on himself to be a big company, he is not afraid of spending money with him at all.
This is what many large companies are used to.
As long as they haven't reached the final review, they haven't "lost"?
"It's just self-deception."
Shen Qing shook his head and smiled.
The two didn't continue to talk much.
Shen Qing's court session is about to start, and Ye Xiangyang has to go back to deal with his own affairs.
The result of the trial is out, and it is natural to give everyone an explanation.
Originally, Ye Xiangyang didn't publicize this matter on the Internet, but in order to show that Ye Xiangyang's purpose of bargaining in the live broadcast that night was not pure, Mixixi took the initiative to let people poke out this eucalyptus, which attracted the attention of many people.
β¦β¦
Back home.
Ye Xiangyang immediately made a response video.
Although this eucalyptus is very small, and Ye Xiangyang's claim is also very simple, winning the lawsuit itself has a significant progress.
And to a certain extent, a slap in the face as a large company of Mixixi.
Outcome......
I don't know if it's a coincidence or deliberately, just after Ye Xiangyang announced the results of today's trial, Mixixi also responded:
[If you are not satisfied, you will appeal! ] γ
is a simple five words, but it fully embodies the arrogance and hard-mouthed Mixixi.
Maybe he wanted to show that he was not wrong in this way, but Mixixi himself didn't expect that as soon as his move came out, he was immediately ridiculed by netizens.
Ye Xiangyang almost burst out laughing.
During this time, he has not been in line with Mixixi, but Mixixi has been in public relations and buying drafts to wash the floor, but it doesn't mean that they are really fine.
They don't wash and wash, and even think they are wronged, right?
More dramatic.
In the afternoon, Mixixi and the previous merchant both received penalties from the Market Supervision Bureau, ordered to make corrections, and imposed fines of 100,000 and 5,000 respectively.
Nature is Ye Xiangyang's masterpiece.
In response to the fact that the merchants on the platform were not required to publicize industrial and commercial information, Mixixi was obviously aware of the problem, so he had started to remedy it in advance during this time, but Ye Xiangyang had already preserved the evidence and reported it to the relevant departments a few days before the trial.
According to the law, if an e-commerce merchant fails to publicize the business license information or license information, it may be fined less than 10,000 yuan; Where platform operators fail to take measures against operators who violate regulations on the platform, they may be fined between 20,000 and 100,000 RMB.
In the Mixixixi platform, there is more than one company that has not disclosed relevant information as required before.
100,000 belongs to the top grid.
This amount of money is nothing to Mixixi, but the impact is more than that.
β¦β¦
Yanjing.
Mixixi Headquarters.
He Ziyan, who had just been criticized at the meeting, was in a bad mood.
Today's eucalyptus loses the lawsuit, and the key is to be punished.
As the person in charge of the handling of this incident, He Ziyan's ability was obviously questioned, and he was even suppressed by his opponent on this matter.
It doesn't hurt my muscles and bones, but I feel very uncomfortable.
[Isn't it 100,000? Labor and management have! γ
He Ziyan, who was very unhappy, directly posted a news in the circle of friends, and attached a part of the assets under his name of up to hundreds of millions.
In less than two minutes, He Ziyan, who realized that it was inappropriate, quickly deleted this dynamic.
Outcome......
is such a dynamic that existed for less than two minutes, and I don't know which person's screenshot was uploaded to the Internet, and quickly attracted attention.
[Who is He? γ
[Obviously the one who is Mixixi, who else can it be?] Don't you all know? There are ...... all on the Internet]
γCattle Batch! Mr. He is so rich! Suggested turning? γ
[I don't admit that I did something wrong, the officials have come forward, is it interesting that a dead duck has a hard mouth? ] γ
[I can be regarded as having seen the personality of Mixixi, and I only 'dissatisfied, I will appeal' in the afternoon, and now I am coming again? γ
[Strange, how can such a person become a high-level person? It's too ......]
β¦β¦
The netizens who ate melons were very excited, and they all joined the ranks of onlookers.
No surprises.
The hot search came as scheduled.
may not even be able to imagine that he would be out of the circle in this way and become popular.
And then......
As a publicly traded company, Mixixi's stock price fell wildly an hour before today's stock market close.
The stock curve, which had risen slightly, turned green in an instant......