138, you are really ...... wicked
The trial court was held at 9 o'clock in the morning in the fourteenth courtroom, and the hearing was closed to public because the parties did not reach an agreement.
Li Chen's suggestion was to open the trial and broadcast it live on the Internet, which could be used as a typical case for more riders to refer to, but Jiang Zhengjia rejected it on reasons such as privacy and reputation.
In a case that is tried in public, when the defendant or the plaintiff has clear reasons for refusal, the trial court will basically respect the opinions of the parties.
There are five types of cases that are not heard in camera:
1. Cases related to state secrets.
2. Cases related to personal privacy.
3. Cases where the defendant is under the age of 18 at the time of trial are not to be tried in public; However, with the consent of the juvenile defendant and his legally-designated representative, the juvenile defendant's school and juvenile protection organization may send representatives to attend.
4. The court may decide not to hear the case in public if the application made by the parties is indeed involving trade secrets.
I have to say that personal privacy and other reasons are still very easy to use, which makes Li Chen, who wants to take advantage of the situation, have no way at all...
At half past eight in the morning, Li Chen set off from the hotel and drove to the trial court in ten minutes.
After parking the car, he met Zhang Xiaodong, who was waiting, at the entrance of the court.
And Zhang Xiaodong also came to the gate of the trial court at eight o'clock to wait.
The first time I attended the court, although I was the plaintiff, I was inevitably a little nervous in my heart.
Seeing Li Chen, Zhang Xiaodong immediately stepped forward to greet him: "Lawyer Li." β
Li Chen nodded when he heard this.
Today's trial, because the trial is not closed, his parents cannot go in to observe, and Li Chen has already told them about it beforehand.
Although I don't understand why the plaintiff's immediate family members can't go in to observe, there is nothing they can do...
"Let's go inside."
Li Chen glanced at them, and then walked to the waiting room of the court.
"Mom and Dad, you should go back first."
Zhang Xiaodong looked at his parents and didn't want them to wait, because he didn't know how long the court would last, and his mother was still a little uneasy when she heard this: "We're waiting for you here." β
Zhang Xiaodong just wanted to continue to dissuade but was interrupted by his father: "We don't have to worry about going back, it's better to wait here, you don't have to worry about us, let's go in quickly." β
"Okay then."
After speaking, Zhang Xiaodong turned his head to look at Li Chen who had entered, and hurriedly followed.
Holding his documents to clear the security gate, Zhang Xiaodong caught up with Li Chen's pace and asked, "Lawyer Li, what do I need to pay attention to during the trial?" β
Li Chen glanced at him when he heard this, and comforted him when he saw that he was a little nervous: "You don't have to be so nervous, the trial is just like you take classes in college, the trial discipline will tell you at the beginning, you can answer whatever the judge asks you, just abide by the court discipline." β
Zhang Xiaodong smiled bitterly and nodded.
College classes?
Can this be the same...
The two entered the courtroom one after the other and found the fourteenth courtroom around the corner of the hallway.
At this time, the time was not yet nine o'clock, the door of the courtroom had not yet been opened, and the other party was waiting.
When he saw Li Chen and the others, Zhang Bin was the most angry in his heart.
It was this kid who found a lawyer and sued them!
Jiang Zhengjia, on the other hand, had a flat face, glanced at it and looked back.
At 8:55 a.m., the door to the courtroom was opened, and two groups entered the courtroom.
Li Chen walked to the position of the plaintiff's agent ad litem and looked at the courtroom, while Zhang Xiaodong sat next to him.
Zhang Bin sat in the dock, looking at Li Chen and Zhang Xiaodong fiercely.
Seeing the other party's eyes, Zhang Xiaodong also looked at him without fear.
I have an outlet in my heart, but I am not very nervous, and I am just silently thinking that I must win this lawsuit.
At 8:58 a.m., the members of the collegial panel entered the trial courtroom, and the trial officially began.
The clerk first read out the trial discipline: 1. No audio or video recording, or photography is allowed without the permission of the court; 2. Except for those who are allowed to enter the trial area due to the needs of the court's work, all other personnel are not allowed to enter the trial area; 3. They must not applaud, make noise, make noise, or carry out other acts that obstruct trial activities, and are not allowed to speak or ask questions without the permission of the chief judge......
Zhang Xiaodong silently wrote these down, and when the clerk asked him, he replied a little nervously, I heard clearly...
After the clerk confirmed it, the presiding judge, Judge Liu, began to explain the issue of prosecution, introduced the members of the collegial panel, and asked both parties whether they had applied for recusal.
Li Chen, as the entrusted agent, began to read out the indictment: "The indictment......
Zhang Dazhuang was in a car accident on the way to deliver food and was seriously injured and hospitalized so far in a coma, because the party and the defendant Yunsheng Business have an employment relationship, which is a work-related injury, and should pay all the expenses for treatment in the hospital..."
Li Chen did not read the indictment, but only explained the request and the reason.
After hearing this, Judge Liu looked at the defendant's dock and said, "Now it is up to the defendant to make the defense. β
After hearing this, Zhang Bin said: "Respect to the court, respect to the presiding judge, I don't agree with the plaintiff's lawsuit.
Our Yunsheng e-commerce and the plaintiff's brother belong to a cooperative relationship, not an employment relationship.
And his brother also has a clear person responsible for the accident, and they should be responsible, and it has nothing to do with our company.
In order to accomplish its own goals, the plaintiff repeatedly made inducing remarks on the Internet, and also recruited our company's cooperative riders to increase the contradictions of our company in the name of so-called insurance purchase, which is really extortion. β
Hearing this, Judge Liu nodded and continued to ask: "Do you have any new evidence to submit to the trial court for this dispute case?" β
Both sides replied no.
After confirming that there was none, Judge Liu announced that he would enter the courtroom for debate
After Li Chen heard this, he said: "My reasons for arguing are based on two points:
First, the relationship between the two sides.
Although the party Zhang Dazhuang and the defendant's Yunsheng Commercial Company had a superficial cooperation agreement, it was actually an employment relationship between the manager and the managed.
The site adopts the most common roll call, reward and punishment system for unified management, which is seriously inconsistent with the content of the contract and is an invalid contract.
The second point is that Zhang Dazhuang had a car accident while delivering takeaways, which belongs to working hours and can be recognized as a work-related injury, so Yunsheng Commercial Company should bear all the treatment costs of Zhang Dazhuang, and the requirements are reasonable and legal. β
After Li Chen finished speaking, Judge Liu asked Jiang Zhengjia again and asked him to talk about his debate opinions.
After hearing this, Jiang Zhengjia began to reply: "I have three points for debate:
First, the cooperative relationship between the two sides.
Yunsheng Business and the rider signed a cooperative relationship contract, the relationship between the company and the rider is a win-win and mutually beneficial cooperative relationship, as for the so-called management model, it is the so-called self-deception of the stationmaster, the result of deception, and Yunsheng Business has nothing to do with it. β
Hearing this, Li Chen raised his head and looked at Jiang Zhengjia.
Do you shirk responsibility on the stationmaster?
Just because he's a suspect now, no one believes him, right?
Hehe...
You're so immoral...
(End of chapter)