139. Do you have any other cross-examination opinions?
"As for the problem reported by the rider, Wu Yong was arrested by the relevant departments on suspicion of committing a crime, and I will not describe it here."
Jiang Zhengjia continued to express his arguments: "The second point is about the plaintiff's proposal for our advance.
Here I would like to explain two points, first: Zhang Dazheng signed a cooperative relationship with Yunsheng Commerce, which means that he recognizes this win-win relationship model.
The second point is that Zhang Xiaodong's car accident has a clear person responsible for the accident, so the accident responsibility should bear all his treatment costs, and there is no causal relationship with Yunsheng Business.
As for how to claim compensation, it is the plaintiff's own problem, and it has nothing to do with Yunsheng Commerce, because they are not an employment relationship.
The third point is on the issue of Zhang Xiaodong's behavior.
After the incident, Zhang Xiaodong tried to use the pressure of public opinion to force his brother Zhang to pay a lot of money because the other party couldn't afford to lose money.
This kind of distortion of facts on the Internet, based on public opinion on his content, has constituted the crime of rumor-mongering.
Article 246 of the Criminal Punishment has relevant provisions: Whoever openly insults others or fabricates facts to slander others by violence or other means, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention, controlled release, or deprivation of political rights.
Maliciously posting articles on the Internet to slander individuals or units reprinting comments with more than 500 likes constitutes a crime, and Zhang Xiaodong's content in the comment area has more than 100,000 likes, which has reached the standard of serious circumstances.
The platform did not hold him accountable, but instead let Zhang Xiaodong act recklessly, and in July, he continued to publish articles to create contradictions, and his behavior was serious and extensive, exceeding the provisions of the law on serious circumstances. ”
Speaking of this, Jiang Zhengjia also raised his voice: "However, in this case, Zhang Xiaodong still doesn't know how to repent, and he has to make mistakes again and again."
It is an unforgivable sin to first find the cooperative riders of Yunsheng Commerce, to hide their purpose of buying insurance for them, to provoke the cooperative relationship between the Yunsheng Business Platform and the riders, and then to create a WeChat group to continue to deepen the conflict. ”
Hearing this, the fire in Zhang Xiaodong's heart "rubbed" up.
The manuscript I posted on the Internet was obviously an inquiry.
Should a delivery rider find a platform if he is seriously injured?
How is it rumor-mongering?
I just wanted to speak, but I was pulled.
Turning his head to look, he saw Lawyer Li waiting for him with a gloomy face.
Noticing the movement of the plaintiff, Judge Liu looked at Li Chen: "The plaintiff pays attention to the discipline of the trial and reminds him verbally. After speaking, he looked at the defendant's seat: "The defendant's agent ad litem, continue to express your arguments." ”
"Okay presiding judge."
Jiang Zhengjia, who was suddenly interrupted, could only end the other party's question and summarize his words: "Here, I want to countersue the plaintiff for the loss of my company's reputation due to his infringement.
We can't say that because his own family was in a car accident, we ignore his tortious behavior, because it would be unfair to everyone else. ”
"Defendant ad litem, watch your emotions."
Judge Liu saw that Jiang Zhengjia was a little emotional, so he opened his mouth to remind.
"Okay, Presiding Judge."
Hearing the prompt, Jiang Zhengjia also began to "calm down" his emotions.
"Do you have any other defenses?"
Asked his answer, Judge Liu continued to ask.
"Nope."
Judge Liu looked at Li Chen, who was in the position of the plaintiff's agent ad litem: "The plaintiff's agent ad litem, now express your arguments. ”
"Okay, Presiding Judge."
Hearing this, Li Chen looked at the opening and said, "I have three points for the debate:
First, the relationship between the platform and the rider.
Just now, the other party said that the platform and the rider are a cooperative relationship, and everything is Wu Yong's independent opinion, here, I want to say that their stationmaster is actually an employee of the Yunsheng platform, which has been clearly defined by the local prosecutor's office. ”
Jiang Zhengjia's face instantly gloomy when he heard this.
This guy went to the District Attorney's Office?
This was something he never expected.
In his confession, he has explained his relationship, including the management model of Yunsheng Business and his own job position, and is based on the fixed monthly payment of Yunsheng Business.
"Presiding Judge, I would like to interrupt the speech of the plaintiff's attorney ad litem."
Hearing this, Judge Liu looked at Jiang Zhengjia and asked, "What is the reason for your interruption?" ”
"We are now discussing the dispute case between Zhang Xiaodong and Yunsheng Commerce, and Wu Yong is not directly related to this case."
"How can Wu Yong, as the direct manager of the case, have nothing to do with this case?"
Li Chen directly asked rhetorically when he heard this.
Hearing this, Judge Liu discussed with the two collegial panel judges next to him, and then said: "After research and discussion by the collegial panel, Wu Yong, as the stationmaster, is the direct manager of the distribution station, and his confession can be used as evidence, and your rejection opinion will not be passed." ”
After Jiang Zhengjia heard this, he said with some unwillingness: "Good presiding judge." ”
Judge Liu looked at Li Chen: "The plaintiff's agent ad litem, hand over your evidence to the trial court." ”
Evidence can also be considered a submission, but it cannot be said to be submitted after the fact...
The evidence presented by Li Chen was a confession extracted from the District Prosecutor's Office, and Jiang Zhengjia did not dare to doubt the authenticity of the evidence.
If you say that the confession is untrue, that is to suspect that there is something wrong with the Armed Forces Association and the District Prosecutor's Office...
It made him feel like he wasn't on the line, but a law enforcement unit...
It's a uncomfortable feeling...
It was the first time he had fought such a court case.
How is this going on?
"Okay, Presiding Judge."
After Li Chen finished speaking, he stood up and handed his confession to the judge at trial.
After the three judges in the collegial panel looked at each other, they handed over the evidence to the defendant for review and evidence.
Jiang Zhengjia took the confession certification and checked it, and an ominous premonition came to his heart.
Because in the confession, the other party has admitted his responsibility and the corresponding relationship.
There was no problem with asking and answering, but what made him wonder was why the law enforcement agencies asked some strange questions about this confession?
In Wu Yong's confession, he not only clearly explained his position and salary, but also explained by the way that he had a real relationship with the rider and belonged to the escrow...
After reading it, Jiang Zhengjia handed the confession to Zhang Bin for him to watch and shook his head:
The first meaning is not to let him have stupid ideas such as objections.
The second meaning is that this case is not easy to win.
Zhang Bin couldn't help but widen his eyes after looking at the evidence.
This guy, why did he say that!
"Do you have any cross-examination opinions on the evidence provided by the plaintiff's attorney ad litem?"
After Jiang Zhengjia read it, he returned the evidence, and Judge Liu opened his mouth and asked rhetorically.
"No comment."
I don't dare to have this thing, and I can't have it...
(End of chapter)