This is a procedure that must be followed according to the law. After completing this procedure, the next step is for the elderly to prove that he did not make those remarks. Does he need to prove this himself?
There is no need for that. When someone calls the police, that is when the relevant departments should intervene.
As for the possibility that the procuratorate will directly transfer the defamation case from private prosecution to public prosecution, it is possible, but the possibility is too low. Without forming a huge public opinion hotspot and causing no damage to the network order, it will basically not be transferred.
Zhou Yi's eyes started to swell up as he listened, and he subconsciously said, "That's not fair to those old people."
This is indeed a very important point. Put yourself in their shoes. What would you think if one day someone suddenly filed a criminal complaint against you and you were forced to go to jail without realizing it?
Legally speaking, it seems to be fine, but we don’t only talk about the law in our lives. If we only talk about the law, then we are scum.
"Yes, that's what you need to do. We'll discuss it with them first, and then we'll sue and go through the legal process."
To many people who don't understand the law, filing a lawsuit may seem like a hassle, but it is a necessary procedure. Without it, you cannot be convicted of defamation.
And there is no need to let the verdict be made because this case is very difficult to win.
However, there is no need to wait for the verdict. Once you respond to the lawsuit, you can ask the other party to call the police because their identity information has been misused.
Well, Zhou Yi finally understood, but this is normal. Legal matters will be left to Fang Dazhuang, and matters outside the law will be handled by him, Zhou Yi!
"Besides, we still have to find a platform!" Fang Dazhuang spoke again: "I said before that we have to report it and leave evidence. You didn't understand, right? This is where we need to use it."
Generally speaking, our laws do not strictly stipulate the platform's review obligations.
A platform is just a platform where everyone can express their opinions. The platform is not responsible for all the opinions expressed on it. Otherwise, the legal representatives of major internet platforms would have been in jail long ago...
However, when you report to the platform that a certain article or video has caused you harm, the platform must conduct an audit. This is a key point in our daily lives.
To put it bluntly, it is still a procedural issue. You can say that complaining is useless, but you have to do it first before you can say it and use it as evidence!
The prerequisite is that the infringement evidence you submit must be clear.
We found that the other party had committed defamation and the circumstances were serious, so we asked the platform to delete it, but the platform said that the other party's words did not violate any regulations. At this time, you can ask the platform to take responsibility!
The person must be sent to prison, and some of the money must be recovered. We have to do both well!
Lawyer Fang was organizing and collecting evidence to initiate prosecution at the Guangming District Court, while Zhou Yi began contacting several elderly people whose identities might have been misused.
The reason why it is possible is that we cannot be sure until the investigation is complete, because it is possible that their children and grandchildren use their identity information to register accounts.
…………
Qingyan County, Hannan Province, can be said to be the last county in Hannan Province and is a national-level poverty-stricken county.
Uncle Qin is already 81 years old this year, but he still can't sit idle and is still good at doing farm work.
It was another nice day, and Uncle Qin got up early, packed up and prepared to go to the fields. Anyone who has done farm work knows that farmers get up very early, especially early.
Not long after I finished cleaning, the cell phone my grandson bought for me rang.
Uncle Qin was a little puzzled. Usually only his family knew his cell phone number. Was there something important happening at this time?
I answered the call quickly. Fortunately, the old man was not deaf.
"Hello, who is this? Boss?"
"No, you are Uncle Qin, right? I am... My name is Zhou Yi, and I have something to discuss with you."
A young voice came from the phone, and Uncle Qin hung up immediately. Although he was old, he knew that it would cost money to make this call.
I hung up the phone, but unexpectedly the other party called again.
Uncle Qin was a little anxious. After thinking about it, he called his eldest son who lived in the county town.
So in the morning, the eldest son, who was almost fifty years old, and the grandson who had just graduated from college rushed back.
"So you're saying that our grandfather's cell phone number and personal information have been misused, and a crime has been committed?" Uncle Qin's eldest son, Qin Aiguo, said with a confused look on his face.
"That's true, but listen to me, the situation here is this..."
Zhou Yi told Qin Aiguo what Mr. Fang had told him, but unfortunately Qin Aiguo didn't understand at all.
"What are you talking about? I'm telling you, we don't know anything about this, and it has nothing to do with us. How can I know if you're a liar? My dad is over 80 years old, and his phone is an old one. He can't even access the internet!"
The grandson Qin Haochuan beside him also said: "Dad, I feel like I have seen this somewhere..."
As a college student, he naturally paid close attention to what was happening on the Internet. He had also seen Zhou Yi's situation, but he just couldn't remember it for the moment. After all, it was rare for someone to end up eating the melon himself.
Zhou Yi had already thought of this situation before making the call. After thinking for a moment, he said, "This is Uncle Qin's phone number, right? Wait a minute."
Wait? What's the point of waiting? Qin Aiguo wanted to curse, but then he heard a voice. He took down his old phone and saw that there was a text message. Someone had successfully paid 500 yuan to his phone number!
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