059: Legal blindness! Lin Youyou is about to be tried for the second time! The motorcycle case is open!
"Be quiet!"
A security officer on duty walked over with a baton in his hand and stared at Xia Ping's mother and daughter fiercely, "Be quiet for me!" ”
Mother and daughter were taken aback.
They're used to being outside, they're being locked in, and they want to be as horizontal as they are outside. Only then did they realize the seriousness of the problem, this is not the place for them to go wild!
"Comrade vigilante, we have really been wronged... We won't do anything illegal! ”
Xia Ping's voice of defense has become much quieter, her face has long lost the original hideousness, only a look of grievance remains, "It's all his fault, it's all his fault... He maliciously reported us. ”
"Your mother and daughter are still unrepentant and still haven't recognized your illegal behavior?"
Chen Yun took the file sheet and scolded in a deep voice, "Are you never going to find problems from yourself?" Always feel like it's someone else's fault? Did someone else hurt you? You guys aren't wrong at all? ”
Retort Xia Ping was stunned when she was asked.
But her mother, Jia Dongmei, still didn't think there was anything wrong with them, nor did she think that their actions were illegal and criminal, and she was still justified, "Comrade security officer, what's wrong with us?" We're not wrong! We're just selling things live, what's wrong? Inferior products are not produced by us, you should let us go! ”
"You're right?"
Yan Yan looked at the mother and daughter coldly, "Without the authorization of Mr. Yang Jinrong, you used his photo as the cover of the live broadcast room for live broadcast for profit, which is an infringement of Mr. Yang Jinrong's portrait rights." ”
"Your use of insulting watermarks on Yang Jinrong's photos for the purpose of making profits is maliciously insulting his portrait, defiling his image, and damaging his right to reputation, which has constituted an illegal act."
"You posted maliciously edited videos on the Internet to incite fans to cyber abuse Mr. Yang Jinrong, which has constituted the crime of defamation!"
"I forgot to say, I am Mr. Yang Jinrong's lawyer, and I have filed a lawsuit against the two of you in the District People's Court, and your behavior has constituted a criminal offense, and I will not only compensate my client Mr. Yang Jinrong for reputation damage and mental damage, but also face criminal punishment!"
"That is, jail!"
The eyes of Xia Ping's mother and daughter suddenly widened!
No...
How can you break the law and commit a crime by posting a video?
We have scolded so many people on weekdays, and we have never seen anyone say that we are breaking the law and committing crimes?
How can the use of a photo be infringing?
That's a video recorded by our own phone, can't we use it? In the past, Yong Xia Ping posted other people's videos so many times on her Xiaolanshu and Douyin platforms, and there was no infringement?
Do you have to pay for loss of reputation? Moral Damage Fee?
Facing a prison sentence?
No, no, no!
No way!
"Mom... What to do? We... Going to jail? ”
"We can't go to jail, we just post a video, just bring a shipment, how..."
The legal awareness of the two is quite indifferent.
Pure legal blindness.
This made Chen Yun sigh in her heart that the task of popularizing the law among ordinary people is imminent, and the road is long and difficult.
Now there are many popular law columns, but there are still legal blindness such as Xia Ping's mother and daughter.
It would be great if we could create a well-known popular law column.
"Let's go."
Yang Jinrong didn't stay any longer, he came to the Public Security Bureau to cooperate with the report investigation and make a registration, not to see the mother and daughter jokes, in Yang Jinrong's heart, to see the jokes of the two, it is better to send the two of them in as soon as possible.
The three turned and left.
"Don't go, wait, wait, Yang Jinrong... I apologize to you, we apologize to you! ”
"Yes, yes, we apologize, we were wrong, we will compensate you, please, don't sue us, we don't know it's illegal to do that... Aren't we wrong? ”
When the mother and daughter saw Yang Jinrong turn around and leave, they panicked and quickly apologized.
Can.
Their apologies were not sincere.
It's not because I recognize my illegal behavior and repent of it, so I apologize.
They apologize just because they're afraid of losing money and going to jail...
I didn't want to lose money and go to jail, so I apologized.
It's like saying, "I've apologized, you should forgive me!" ”
Yang Jinrong has seen too many of this kind of people, and he has long been immune to this kind of unrepentant apology, for this kind of person, he will sue to the end, and will never withdraw the lawsuit.
At the beginning, Lin Youyou slandered him for voyeurism, and he obviously gave the other party a chance to repent, but what was the result?
The result was a complete chill to him!
also made Yang Jinrong completely change, the good old man Yang Jinrong who is willing to give people a reform, has been accompanied by Lin Youyou, completely transformed!
There is no need to show mercy to the unrepentant, and there is no need to give such people a chance!
To be merciful to them is to be irresponsible to society!
Giving them a chance will only make more people victims!
This is the change of Yang Jinrong's mentality, and it is also his growth!
Seeing that Yang Jinrong didn't answer, Zheng Xiaping hurriedly shouted again, "We lost money for you, we earned more than 400,000 yuan from the live broadcast, and it has been transferred to our bank card, we can lose money to you, is 100,000 enough?" Is 200,000 enough? ”
Chen Yun said coldly, "Your illegal gains will be confiscated!" ”
"Huh?!"
Retort Xia Ping is like a bolt from the blue, she still expects to get away with the money she got from the detention room after she gets out of the detention room!
Outcome...
All illegal gains should be confiscated?!
"I... And money, I have money to compensate! ”
Yi Xia Ping gritted her teeth and hurriedly shouted at Yang Jinrong, "I still have an old house in my hometown, I can sell it and lose your money, please, don't sue me, I don't want to go to jail, woo!" ”
Retort Xia Ping is really anxious!
But Yang Jinrong didn't pay attention to the two of them.
After Chen Yun finished the registration, Yang Jinrong and Yan Yan left the Municipal Public Security Bureau, and the court had accepted the case, waiting for the court notice to go to court with the mother and daughter!
As for whether the mother and daughter subjectively sell fake and shoddy products, it can be handed over to the Public Security Bureau and other relevant departments to investigate and review.
The other procedures for the prosecution were also entrusted to Yan Yan with full authority, and she said, "The charges of Xia Ping and Jia Dongmei are already very clear. In court, there may be a dispute over the amount of infringement claims against the two people, and the cost of moral damages for tarnishing the image, which can be claimed according to the profit of the other party. ”
"To put it simply, the more profit the other party makes, the higher the amount that can be claimed."
"The data we just got from the Public Security Bureau shows that the other party's sales are more than 1.8 million yuan, and the profit commission is more than 400,000 yuan, which is the maximum amount we can claim."
"How much compensation you can get in the end depends on the court's decision."
To put it simply, this case, not only does the other party need to pay lawyer fees, litigation costs, etc., but Yang Jinrong can also get up to more than 400,000 yuan in compensation!
The loss of infringement of portrait rights is generally moral compensation. According to Article 10 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Determination of Liability for Moral Damages in Civil Torts, the amount of compensation for moral damages shall be determined based on the following factors:
(1) The degree of fault of the infringer, except as otherwise provided by law;
(2) Specific circumstances such as the means, occasions, and methods of conduct of the violation;
(3) the consequences of the infringement;
(4) the infringer's profits;
(5) the infringer's economic capacity to bear responsibility;
(6) The average standard of living for the location of the court being sued.
Normally, the maximum amount of moral damages for infringement of portrait rights is between 20,000 and 50,000 yuan, but this time, Xia Ping's mother and daughter made more than 400,000 yuan for infringement, and according to the fourth point, they can propose compensation not higher than the amount of infringement income!
Of course, the final verdict still has to be decided by the court!
After Yan Yan finished speaking, he looked at Yang Jinrong, this case can make a lot of money!
But he didn't want Yang Jinrong to have too many mood swings, he nodded lightly, and then said something that shocked Yan Yan, "I'll go back to school first, and there will be an open class in a big classroom in the evening." ”
“......”
Yan Yan sometimes really can't see through this college student, "Okay, don't forget that on Wednesday, that is, the day after tomorrow, the motorcycle case will be in court, and you didn't entrust this case to me, you have to appear in court in person." ”
"Hmm."
Yang Jinrong said goodbye to Yan Yan and returned to school, it was already late.
After the public class, another day passed.
The next day, Tuesday, Yang Jinrong was attending a class when he received a notice from the Municipal People's Court:
Lin Youyou was dissatisfied with the first-instance judgment and repeatedly appealed to the Huaqiao District Court after the appeal was invalid, and finally successfully appealed, and the higher people's court (that is, the Municipal People's Court) will conduct the second instance in three days!
Notify Yang Jinrong to appear in court!
"Is it finally a second trial?"
Yang Jinrong smiled, he had already prepared, and the second trial would not give Lin You a chance.
There are not many classes on Tuesdays.
I finished all the classes by noon.
"Jinrong, do you know where you can do a long-term part-time job?"
At the end of class, Yu Huai put his arm around Yang Jinrong's shoulders and asked in a low voice.
"I haven't been in touch for a long time, and I have worked part-time less in the past two years in order to get a scholarship."
Yang Jinrong asked in some surprise, "What's wrong?" You shouldn't be short of money. Falling in love costs so much? It's all to the point of doing part-time work? Why don't I give you a turn, top it? ”
"No, no, no."
Yu Huai waved his hand, "It's not me, my girlfriend, she has few courses and wants to find a stable long-term part-time job, something has happened to her family recently, and it is more difficult." ”
"Then find a tutor, this kind of part-time job has a lot of money and is relatively stable."
After Yang Jinrong finished proposing, he asked again, "Do you really need my support?" ”
"No, thank you, I told her to find a tutor, and if she can't find it, try to find an agent."
After Yu Huai finished speaking, he ran away quickly, and he didn't even look for Yang Jinrong to eat, which made the latter smile and shake his head, love when he was a student... Although I haven't seen Yu Huai's girlfriend, I still hope that the two can go farther.
Time passed in a flash, and when it was about to get off work in the afternoon, the Linhai District Court notified that the live webcast of the trial applied for before had been approved, so that Yang Jinrong was ready.
Yang Jinrong is already ready!
At night, he posted a warm-up message on his short video platform:
[Tomorrow morning, the live trial of the case of Ducati being pushed down by the old man! ] Everyone is welcome to watch the live broadcast! 】
Although the old lady Hou Sufen is dead, her two sons will appear in court as guardians!
Just now, the mother and daughter who cut the queue in the scenic spot were arrested, and the trial of the old lady's case of pushing down the motorcycle was ushered in, as soon as this news was released, it immediately attracted the attention of many netizens!
In particular, Yang Jinrong now has more than 1.5 million fans, and his influence has been greatly improved!
A lot of people are squatting in the trial!
It's finally here!
The next day.
On Wednesday, in the morning, Yang Jinrong made preparations early, brought the materials, and the sense of ceremony naturally could not be left behind!
He changed into an exclusive black suit, tied his tie, put on gold rimless glasses, took the live broadcast equipment rewarded by the system, and arrived at the Linhai District People's Court!
According to the instructions of the court staff, in a fixed position, set up the live broadcast equipment, and then sit on the plaintiff's seat!
The two brothers, Wang Chengwu and Wang Chengwen, were also brought into the courtroom by the bailiffs, and the two brothers were both handcuffed and wearing yellow prison uniforms at this time, which formed an extremely sharp contrast with Yang Jinrong's suit!
"Finally the court is open, this day, I have been waiting for a long time!"