What? Looking at the petite legal lady in front of him, Jiang Hao opened his mouth but couldn't say anything. He had originally thought that he could get some advice from the company's legal department, but the advice they gave was really hard to follow.
Everyone knows that the boss is a big internet celebrity. If the boss posts a video, this matter will definitely attract attention. But the boss is just the boss, not their father, so why should he help post this?
Something seemed to be wrong, and finally, Huo Pengfei, who was busy on the side, couldn't help it.
"Shiwen, it's hard to classify his condition as a work-related injury. Is there nothing you can do? This isn't really a work-related injury. This is a violation of his right to life and health. Why go to arbitration? Just file a tort lawsuit!"
Huh? Jiang Hao, Ma Yao, and the other two all looked over. They didn't know much about Huo Pengfei. This legal officer had been unsociable since joining the company and always liked to chat up pretty girls, so... he wasn't very popular either.
But I didn't expect that he would say such words at this time!
Liu Shiwen stood there in a daze. She suddenly felt that she had been working in the company's legal affairs department for too long and her mind was restricted. When encountering such a situation, she would subconsciously attribute it to work-related injury.
However, they forget that the Civil Code itself does allow for filing tort lawsuits for personal infringements!
It is important to clarify here that in many cases when we say we lost a lawsuit, it means that the claims you made were rejected.
For example, in the same case, you can file a lawsuit for infringement damages or for breach of contract damages. The failure of your breach of contract damages does not mean that your lawsuit for infringement damages will also fail. This is because different claims lead to different results.
Huo Pengfei had already walked over and said slowly, "And if you file a copyright infringement lawsuit, gathering evidence will be much easier than before. You just need to prove that staying up late caused your girlfriend's illness... what was it, myocarditis? Oh, that's it."
"Then, prove one more thing. Before your girlfriend was sent to the hospital, she stayed up late continuously, and this was because of the company's request. Therefore, the company needs to bear the tort liability!"
Huo Pengfei is now trying hard to learn from Fang Dazhuang, so he speaks and acts in a way that is closer to him. When talking to ordinary people, he tries to speak in plain language that everyone can understand.
Instead of forcing yourself to speak French or something like that.
Huo Pengfei's words made the three of them feel suddenly enlightened. This meant that they would simply throw aside the so-called work-related injury insurance regulations, labor laws and other departmental laws. We would not talk about labor relations, internship status or overtime.
We use logical causality and the tort provisions in the Civil Code to link the entire incident together!
What do you mean by overtime or not? Just ask if your company made me stay up late. Of course I did, and it was continuous. Then, ask the hospital or relevant agency to issue an appraisal result. Is my sudden illness and sudden fainting caused by the continuous staying up late recently?
Once the evidence of these two logical relationships is established, the whole thing will be done.
When you are surrounded by mountains and rivers and think there is no way out, you will find another village when you turn around. This is what Jiang Hao is thinking now.
Liu Shiwen stared blankly at Huo Pengfei in front of her. Ever since this lawyer Huo joined the company, she felt that he was just so-so, just hanging around in the company on weekdays. Drafting a contract or something like that was something anyone could do.
Who would have thought that this person's level seemed to be a little bit higher than she imagined...
It even gave her the feeling that General Fang was in front of her!
"Lawyer Huo, please tell me what I should do now. Thank you so much..."
Faced with the admiration and gratitude in everyone's eyes, Huo Pengfei felt a little proud again. He was just like that, always getting nervous when encountering something.
Sword Comes
"Oh, it's okay, it's okay. We're all from the same company. It's only natural for me to help you. It's just a small matter, don't take it to heart."
"What you need to do now is to collect the evidence I just mentioned, chat logs, attendance sheets, specific work records, etc. As long as you can prove that your girlfriend has been staying up late regularly and late into the night, then there will be no problem."
Jiang Hao nodded quickly. He thought about going back and discussing with his girlfriend how to collect the evidence!
But then he suddenly thought of something and asked hurriedly, "What if we can't collect all the evidence? You know, we don't pay attention to these things during our daily work..."
"I can't guarantee that!" Huo Pengfei shook his head. "But, in civil trials, our judges have a standard. It's called the high probability standard of civil evidence!"
What is the high probability standard for civil evidence? The Supreme People's Court's judicial interpretation of the Civil Procedure Law stipulates that: Where the people's court, after reviewing the evidence provided by the party bearing the burden of proof and combining it with relevant facts, is convinced that there is a high probability that the fact to be proved exists, it shall determine that the fact exists.
How to understand this? To put it simply, although the evidence you produced is not sufficient to prove this matter, after the judge looked at it, hey, I believe this evidence very much and the possibility is particularly high!
What should we do then? We should believe that this thing is true. This is called the high probability standard of civil evidence!
How to do it in practice depends on the judge. This is another manifestation of the judge's discretion!
Of course, in practice there are situations where the standards are unclear, and there is nothing that can be done about it, but there are two points to remember: preponderance of the evidence and a high degree of probability of the facts to be proven.
My dear, there is more to this chapter. Please click on the next page to continue reading. It will be even more exciting later!
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