Mr. Fang has always been a man of his words.
Perhaps the final outcome of these two cases is just a small amount of compensation and an apology, but this is an excellent way to put ideas into practice.
So Mr. Fang started taking action immediately the day after signing the contract.
Needless to say, the previous infringement of reputation rights is enough. The video from Zhou Yi's dashcam is enough, as there were so many people around at the time.
The key now is how to prove that the parking time is extended due to the other party's delay, how long it is extended, and how to calculate the money.
This is actually not difficult to do. Just check the dashcam and see that the time when Zhou Yi drives around and finds no parking space can be counted as the start time, and then it ends when everyone leaves.
The parking fee is also fixed at three yuan per half hour.
This is also applicable to the new Civil Code. The Civil Code not only has various specific provisions, but also many principles.
For example, the principle of voluntariness, the principles of fairness and integrity, etc.
Similarly, Article 8 of the Civil Code clearly stipulates that civil acts shall not violate the law, and is followed by a sentence that they shall not violate public order and good morals.
In everyone's general understanding, parking spaces are reserved for the car that arrives first, so it is wrong for you to occupy one.
Is the other party's behavior of "human occupation of parking spaces" considered a civil act? Of course it is. What Attorney Fang has to do is, in addition to asking for compensation of a few dollars, to let the court determine one thing: that the behavior of human occupation of parking spaces is invalid!
This is the key point that Fang Dazhuang needs to focus on!
To be honest, if it's just a few dollars of compensation, you will most likely just file a simple case and then go directly to mediation. The court will not be so idle as to hold a special hearing just for a few dollars of your compensation.
That would be a waste of judicial resources.
But with this demand, things are different. Currently, there is no completely definite definition of the behavior of "occupying parking spaces with human flesh".
And if the court can determine that this behavior is invalid and give a specific statement, that would be great. This is equivalent to defining similar behaviors in the future!
Although we are not a country of case law, precedents still have certain reference value in practice.
According to Mr. Fang, in the future, even if keyboard warriors quarrel with others, they can use relevant judgments to fight back instead of being unable to speak out. This is the meaning of the matter!
They did it right away and began collecting all kinds of information. The case itself was really simple, and Attorney Fang handled it quickly. He then brought the relevant evidence to the Guangming District Court.
A bald man walked into the case filing room, and people around him looked at him sideways.
The country is now vigorously promoting online case filing, but people like Fang Dazhuang still prefer to go to the scene.
"Face-to-face conversation" is not only what many salespeople have to do, but lawyers also have to do this.
Talking face to face and talking through a computer screen are two different feelings.
Anyway, Mr. Fang felt that it was pointless to argue with people in that way.
"Teacher Fang is here again. What's the matter this time?" The female staff member inside was very happy. What's wrong with Teacher Fang having less hair? She is very elegant.
"Just two simple cases, take a look."
As he spoke, two indictments were handed over.
Needless to say, the female staff member was not surprised at all when she saw that the plaintiff on the indictment was Zhou Yi. Now, not to mention the Guangming District Court, the higher courts and even the procuratorate know that the two are almost conjoined.
As the saying goes, wherever Zhou Yi is, there are always great people following him...
As the staff lady looked at it, she raised her head. She wanted to complain, but didn't know how to say it.
The issue of reputation rights is fine. Lawyer Fang used to do so much, and it was very smooth, with almost no friction.
But the latter part... After seeing the appeal, the young lady's scalp tingled. Do you really think our judges are not bald enough?
Although being bald has a unique temperament... the young lady with a distorted aesthetic sense was thinking there.
But Fang Dazhuang in front of her just laughed and said, as if he had guessed her thoughts, "Let's see the second request."
The second request, there are actually two requests. The young lady quickly looked at the second one. At first she was still scratching her head, but gradually she became serious.
To an outsider, this request may seem like taking off pants to fart, but as a staff member of the Case Litigation Office, she is naturally not an outsider.
This request is a bit unusual!
Because at present, there is actually a lot of controversy in the legal community and in many places about whether this behavior is wrong!
There are two core points: First, why is it considered arrived only when the bus arrives? People have wasted their time to occupy it, so why can't it be considered queuing!
Second, people are bigger than cars!
Therefore, if we want to make a judgment on this, it will be very troublesome...
I can only say that he is worthy of being called Mr. Fang. It turns out that he never does anything useless.
The formal review was quick, and soon they informed him that the case could be filed. Lawyer Fang, with his bag slung over his shoulder, leisurely left the court. He was looking forward to seeing if anyone would come out to debate this issue!
For Dong Shuqin, the issue of occupying a parking space has long been forgotten.
I didn't take the other party's threat to sue me seriously. I just scolded him and asked him what was wrong. I guess the court wouldn't even listen to me if I sued him.
"Good morning, Sister Dong!"
After entering the company, someone greeted her. Dong Shuqin glanced at them casually and replied:
"Good morning, how are you doing with yesterday's plan? Haven't you finished it yet? Didn't I tell you to do it? I have only one thing to say: if you can do it, do it. If you can't, get out!"
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