So according to the principle of "he who asserts must provide evidence", you have to prove that you have told others about it.
It sounds awkward, but this is the reality.
But the situation is different after you produce this evidence. I will assume that you know or should know. If you cannot produce evidence to prove that you have explained it to me, then I am right.
At the beginning, Fang Xiaoying's handwritten explanation was directly ignored. It can even be said that Director Xu did not even notice it. After all, it looked very non-standard.
Like a child's graffiti.
Fang Xiaoying had no other choice but to give it a try and then not take it seriously. As a result, after Lawyer Fang learned about this thing, he directly changed the amount of compensation he demanded from 5,000 to 20,000...
Yes, even Mr. Fang didn’t want so much before.
Under such circumstances, it is certainly impossible for the Fukang Branch to send a written notice to Fang Xiaoying to explain, because they cannot explain it. What will happen if this matter gets out?
Therefore, the focus of the dispute between the two parties lies in two aspects: first, whether the credit record belongs to the content of reputation rights; second, whether the Fukang Branch deliberately did not report it or failed to report it to the credit reporting center in time.
Both behaviors are faulty, but the degree of responsibility of the former and the latter is obviously different.
The latter simply means that someone wanted to report it, but for various reasons, they failed to do so in a timely manner. Think about it, intentional homicide and manslaughter have different sentencing, so the compensation must also be different.
This is the core of the debate!
Although Huang Yanhao was very scared, he still forced himself to muster up his courage. Since it had already come to this, it couldn't be worse than it was now.
So he gave his own defense for the first controversial point.
"Even if the corrected information is not submitted in a timely manner, because the personal credit database is a closed system, according to the "Introduction to Personal Credit Reports" published on the official website of the Credit Reference Center, the use of personal credit reports is currently limited to commercial banks, financial institutions that handle credit in accordance with the law, and the People's Bank of China!"
"Of course, consumers can also obtain their own credit reports from the People's Bank of China."
"However, depending on the user, the personal credit reporting system provides different versions of personal credit reports, including a bank version, a personal inquiry version, and an internal version of the credit reporting center, serving commercial banking financial institutions, consumers, and the People's Bank of China respectively."
"Whether it's a commercial bank, a consumer, or the People's Bank of China, anyone who inquires about a personal credit report must obtain written authorization from the person being inquired and retain a copy of the person's ID. In other words, personal credit reports are only accessible and usable by financial institutions and the information subject themselves. Anyone who inquires about a personal credit report must obtain written authorization from the person being inquired."
"Furthermore, the plaintiff has not provided any evidence to prove that the reason they failed to apply for a credit card was because of their bad credit record. There are many reasons why they cannot apply for a credit card..."
"In summary, we believe that this negative credit rating will not affect the plaintiff's social evaluation, cause the plaintiff mental and material losses, or affect his reputation. Therefore, the plaintiff's claim that the defendant's actions infringe on his reputation rights has no factual or legal basis and should not be supported!"
After saying a lot, there is only one core point: this thing is very closed, and if others want to see it, they have to obtain your authorization. Therefore, it will not affect your social evaluation.
On the opposite side, Zhou Yi had already noticed that Fang Dazhuang, who was already very excited, became even more excited.
To be honest, even Zhou Yi felt that Huang Yanhao's level was indeed quite good.
Attorney Fang finally spoke up, "The defendant argues that personal credit reporting is extremely closed and only serves a few specific situations, so it doesn't affect a person's reputation. I don't think that's the case."
"What is the essence of the credit reporting system? It's to evaluate a person's integrity. If a bad credit record can't even reflect a person's integrity, then what is the point of the so-called credit record?"
"And the evaluation of personal integrity is an extremely important part of social evaluation. So since it is a social evaluation, how can it not be a right to reputation?
"According to Article 6 of the Interim Measures for the Administration of the Basic Database of Personal Credit Information, commercial banks shall comply with the standards and relevant requirements of the personal credit database issued by the People's Bank of China and submit personal credit information to the personal credit database accurately, completely and promptly."
"And the defendant obviously failed to meet the relevant requirements!"
－－－－－－Digression－－－－－－
A huge chapter of over 6,000 words. Good night everyone. It's another hellish update, sorry.
Thanks to another novice brother, Brother Wu Jitian, Brother Wenchi, Brother Fat Cat Story, Brother Book Friends 2020, Brother China Lobster, Brother Negri, thank you brothers for the reward, thank you
Because readers said they like it a little more hardcore and the detailed explanations of the trial, I wrote it in a little more detail. If you don't like it and think it's watery, I can write less next time. I'm asking for votes for the end-of-month event. 6,000 votes and three more chapters will be added. They will be put at the beginning of next month. I'll give these three chapters first.
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