"We're going to sue him ......"

When he heard this, Li Chen instantly came to his senses.

Is this the big move prepared by the other party not to submit the defense draft?

When it comes to counterclaims, first of all, you must meet the conditions for filing a lawsuit under the Civil Procedure Law, otherwise it is a false accusation.

Article 119 of the Civil Procedure Law must meet the following conditions for filing a lawsuit: (1) the plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

(2) There is a clear defendant;

(3) There are specific litigation claims, facts, and reasons;

(4) It is within the scope of the chief judge's acceptance of civil litigation and the jurisdiction of the trial court receiving the lawsuit.

The conditions of the other conditions for the counterclaim are also very harsh:

(1) A counterclaim can only be filed by the defendant against the plaintiff in the lawsuit, and not against anyone other than the plaintiff.

(2) A counterclaim can only be filed with the court that accepts the lawsuit.

(3) The counterclaim and the present claim must be subject to the same litigation procedure.

(4) The counterclaim cannot be subject to the exclusive jurisdiction of other courts.

(5) The counterclaim and the claim of the lawsuit must be factually or legally implicated.

(6) Time limit for filing. Where parties add or modify litigation demands or raise counterclaims, they shall submit them before the completion of the time limit for presenting evidence.

The presiding judge was also interested when he heard this, looked at the defendant and said, "The defendant's legal representative, explain the evidence and reasons for your counterclaim. ”

Hearing this, Jiang Zhengjia nodded and replied, "Okay, presiding judge." ”

"According to the feedback and chat evidence we received from other riders, before the other party sued, Zhang Xiaodong contacted other riders and dragged them to the WeChat group on the grounds that they were insured to ensure the safety of the riders.

After our company explained the situation to the riders, they suddenly realized that they were willing to cooperate with us to testify in court to expose Zhang Xiaodong's ugly face.

In my hands, the testimony of the plaintiff's other riders and the chat records in the group are supplementary evidence, which can prove that Zhang Xiaodong is indeed fanning the cooperative riders of my client's company, and his behavior has violated the "Public Security Administration Punishment Law".

In May 2016, Zhang Xiaodong tried to use the online public opinion platform to achieve his goals.

On July 12, 2016, he posted a message on the Internet called the Rider Call Order, trying to collect more bad comments to accomplish his goal.

These are all evidence. ”

After speaking, Jiang Zhengjia handed over all the contents to the judge in the trial court.

After reading it, the members of the collegial panel of the trial court handed over the content to Li Chen.

Li Chen took the other party's evidence and looked at it.

When he saw the content of today's chat, Li Chen's mind began to think about countermeasures, and the system of extralegal fanatics began to operate, and three perspectives appeared in his mind.

From the other person's point of view, this is indeed fanning the flames and using other people's dissatisfaction to add points to themselves.

From a judicial point of view, the content of these chat conversations is also deliberately channeled.

But from the perspective of the parties, they are only stating the facts of the problem, not fabricating it out of thin air.

As for posting comments online...

Although this method is not worth advocating, it is also a solution that the weak have no way to do.

When a person has no way to turn for help, what law does he violate by publishing his story online without distorting the facts?

After reading the content, Li Chen returned the so-called "evidence" to the trial judge and returned to his position: "Regarding the evidence submitted by the defendant's legal representative, I think it is evidence that cannot be used at all.

The first one is about Zhang Xiaodong's WeChat group.

First of all, we have to make it clear that the person who asked the question was the rider himself, and Zhang Xiaodong's answer was also based on the facts fed back by others, not malicious fan and guidance.

It can be seen from this chat record that the unfair treatment of the riders at the site has been formed for a long time, and I think this can also be used as evidence for me to sue the defendant, because this is the evidence submitted by the plaintiff, and he recognizes the legitimacy of the above issues and the source of evidence, then I also think that this evidence is legitimate. ”

"I'm talking about Zhang Xiaodong's induction."

Hearing Li Chen say that the chat records were used as evidence for his prosecution, Jiang Zhengjia couldn't help but open his mouth to refute.

"Where is the inducement? I only saw similar opinions from them saying that the distribution of orders was unfair, and I did not see Zhang Xiaodong's inducement. ”

Hearing this, Li Chen looked at Jiang Zhengjia and said, "You said that he was inducing, so you should come up with evidence of inducement, right?" ”

"This can be proved by other riders, it was Zhang Xiaodong who deliberately induced..."

Before he finished speaking, Li Chen interrupted: "You said that other riders can prove that Zhang Xiaodong is inducing, and you have to come up with the fact that Zhang Xiaodong is not just relying on the rider to say."

As a lawyer, is it not clear at least the verification of evidence?

The feedback I got was that the other riders jointly sued the station, and then the station manager was arrested for personal reasons, so he was removed from the sorting out of the case.

Now you say that the riders were misled by Zhang Xiaodong, which means that these riders who claim to have been misled have given false testimony, right? ”

Li Chen looked directly at Jiang Zhengjia, and Jiang Zhengjia didn't know how to answer when he heard this.

"Presiding judge, there's a problem here."

Li Chen looked at the presiding judge: "If they were induced by Zhang Xiaodong, it means that the question they reacted to before was false, their stationmaster was wronged, and he himself did not have any problems."

But the problem now is that Wu Yong was handed over to the District Prosecutor's Office, which also confirmed that he had used his authority to issue orders.

Could it be that the people of the District Attorney's Office deliberately framed the case? ”

Jiang Zhengjia couldn't help but twitch the corners of his mouth when he heard this, and a bad premonition came to his heart.

If you follow the logic of the other party's reasoning, you have to go in yourself...

Because he asked the chairman of the Yunsheng platform to bribe several problematic riders to make a unified confession.

Strictly speaking, he also broke the law...

Jiang Zhengjia really didn't expect the other party to point the finger at the stationmaster in question again, and also turned the people from the District Prosecutor's Office into people on a front.

If the rider insists that he is a witness, there is a high chance that someone from the District Attorney's Office will be pulled over for questioning.

If asked, they've got a calf on their side...

Seeing this, Jiang Zhengjia planned to change his thinking: "If the rider cannot be used as a witness, and Zhang Xiaodong's behavior also constitutes the crime of extortion." ”

"If Zhang Xiaodong is deliberately extortion, it is a criminal case, you can go to the Armed Forces Association department to report to the police, and let them file a case to investigate whether it is extortion or not, and it cannot be proved by a single party alone."

After Li Chen finished saying this, he looked at the presiding judge and said, "Presiding judge, I think we should study the issue of witnesses first, because I feel that the other party's rider is giving false testimony. ”

Jiang Zhengjia's heart sank when he heard this...

To be bad...

Chapter 132 is blocked again, Assi

(End of chapter)