171. Zhang San's sky-high rights protection behavior
Li Chen didn't pay attention to the barrage in the live broadcast room, and began to explain what he said in detail: "
In reality, we often encounter the problem of duplicate names.
Just like my name is Li Chen, there are many people named Li Chen, but just because my name is Li Chen and I collided with a certain celebrity, many netizens felt disgusted, saying how the are you called Li Chen, Lao Tzu felt disgusted when he heard this name. ”
Li Chen remembered that when he first started broadcasting, some netizens came to talk about his name, so he took himself as an example: "At that time, I was still very puzzled, I said that my name was given by the author, and it has been used for so many years.
I wondered what I didn't do, why did it make these netizens disgusting?
Later, I learned that there was a celebrity whose name was the same as mine, and everyone was disgusted with him, and later I felt disgusted when I heard Li Chen. ”
"To be honest, I felt sick after knowing this."
Li Chen complained to himself with a smile on his face, and netizens began to discuss his words:
"At the beginning, I couldn't accept that I wanted to complain, and I didn't dare to speak after looking at the other party's profession, and then I didn't dare to say it (laughs)"
"Li Chen: Boy, do you want to go in?"
"I don't feel like anything, I can't change the name of everyone named Li Chen because of one person, right?"
"Netizen: Li Chen is disgusting! Lawyer Li: You'd better talk about that Li Chen! ”
After watching the barrage in the live broadcast room, Li Chen said with a smile: "I did think about changing my name at that time, but I figured it out later."
What is the relationship between star Li Chen and my lawyer Li Chen?
Just like Zhang San I mentioned, what does it have to do with Zhang San in other provinces?
So I think people just have the right to use their names.
Specific features:
You can call Zhang San, he can be called Zhang San, I can also be called Zhang San.
Therefore, the right of reputation is a right owned by a specific person, not a right owned by a name.
Only my example, with a clear reference, will constitute the crime of spreading rumors. ”
Li Chen looked at the content of the live broadcast room with a smile on his face: "Let's talk about it, can Zhang San do it?" ”
"I didn't think he could win at first, but now he can't win."
"Zhang San is confused, why do you want to sue the lawyer?"
"Zhang San: I want to be famous for a lifetime, but in the end it was ruined in the hands of Zhang San."
"Zhang San: I'm an extralegal fanatic, no one can send me in!
Oh, it's Lawyer Li, that's fine..."
Li Chen pushed his glasses: "Let's take a look at Zhang San's problem again."
He wants to sue me and say that I slandered him, but I did not slander him, which is a malicious false accusation.
Zhang San asked me to take 1 million to buy out the name, which is also extortion.
When the court tries the case, the two different crimes are put together, and basically the most serious crime is selected for conviction and judgment.
Malicious false accusations and extortion are definitely more serious than extortion.
Zhang San extorted 1 million, a particularly huge amount, starting with more than 10 years.
In order to obtain my understanding to reduce the punishment, Zhang San asked his family to find me and paid 100,000 yuan.
I took the money and chose to forgive his behavior, after all, everyone makes mistakes sometimes, right? ”
Li Chen looked at the live broadcast room with a smile and said: "In the end, Zhang San was also sentenced to eleven years and seven months in prison. ”
Netizens saw Zhang San's sentence and began to type and complain:
"Zhang San is confused, don't you look at your profession when you blackmail?"
"Zhang San: I originally thought that I could make a fortune and change my life against the sky, but now I have changed my life and I haven't made a fortune."
"Zhang San: Originally, I thought I had a chance to make a fortune, but I didn't expect to lose 100,000 yuan without making money, and I also liked to mention a free meal."
"Zhang San: If God gives me another chance to start over, I would rather change my name to Zhang Xiaosan."
Li Chen looked at the barrage in the live broadcast room and retold the problem: "Let's use Zhang San's perspective to analyze his behavior of asking for compensation."
As a user of Zhang San's name, did my example bother him?
His name is Zhang San, and I said that Zhang San broke the law and Zhang San was not human, is it a kind of slander against him?
Looking at my behavior from his point of view, it can be counted.
Because of the injury, Zhang San filed for compensation, which is reasonable.
And Zhang San, he also came to me to discuss, right, I can also give it or not.
And in reality, there are quite a few examples.
said that Zhang San went to a restaurant to eat, and a dead fly was eaten in the meal, and he was a little angry and called the boss over.
This Zhang San looked at the owner of the restaurant and was very angry:
Lao Tzu ate at your place, and actually ate a dead fly, you fucking really make me feel sick to my stomach, lose money, as long as you pay Lao Tzu 3,000 yuan, this matter is over, otherwise Lao Tzu will complain to you, so that your restaurant can't do it.
Let's talk about whether Zhang San's behavior is blackmail. ”
After telling the case, Li Chen took another sip of tea and threw the question to the live broadcast room, and netizens began to discuss his question:
"It stands to reason that a claim can be filed, but Zhang San's behavior can also constitute extortion."
"I don't know, but it's right that the merchant can definitely report him."
"Zhang San: That's how I got in, stepping on a sewing machine for eleven and a half years."
Li Chen looked at the barrage of netizens and began to talk about his opinions: "Everyone said it very well, but I personally think that Zhang San's behavior does not constitute extortion.
Judging from the case, Zhang San demanded compensation from the merchant after eating flies, which was a normal act of rights protection. ”
Speaking of this, Li Chen changed his expression: "Let's take another example, Zhang San ate a fly in the restaurant and asked the merchant for 300,000, is it reasonable?" ”
Li Chen looked at the barrage in the live broadcast room and said with a serious face: "I think this is reasonable, not to mention 300,000, even 3 million and 300 million are still reasonable, this is called sky-high rights protection, and it can't be blackmail."
Because the compensation price stipulated by the law is based on the price of the goods themselves, it should be controlled within a reasonable range.
As we usually say, 20,000 in the face.
Zhang San was slapped by Li Si, which caused great damage to his soul, is it too much for him to slap 20,000 yuan?
He ate a fly in a restaurant, and the damage caused was greater than a slap, isn't it normal to ask for 3,000 yuan? ”
"But in reality, Zhang San's behavior can constitute extortion, not only Zhang San, but also many victims of rights protection in reality, because of improper rights protection, they were accused of extortion by the other party and sent in advance."
Li Chen began to tell a real case, which was also proposed by the famous lawyer Luo Dazhuo...
It's a bit hard to accept...
(End of chapter)