As to whether credit investigation falls under the right to reputation, Attorney Fang has made it very clear.
Why do we need credit investigation? It is a reflection of your integrity and an evaluation of your credibility.
Since it is an evaluation of integrity, it must be a social evaluation.
Therefore, when the credit record shows that a person has a bad record, it means that he is evaluated as a dishonest person.
Correspondingly, even if no one else sees him applying for a credit card, it still means that his social evaluation has been lowered.
And now, Mr. Fang has started to spit venom like a poisonous snake.
"So if we follow what the defendant says, then the evaluations of the authorized financial institutions and the credit reporting center cannot be considered as evaluations?"
This is a bit harsh:
"Are you saying that financial institutions aren't considered 'people'?"
When Fang Xiaoying applied for a credit card, she must have authorized a financial institution to conduct a credit check. Even if this credit report is not known to outsiders,
If only financial institutions know that she has a bad credit report, doesn't that lower her social reputation?
Not to mention that your bad credit record will be known to your classmates.
Huang Yanhao stood there, his brain already spinning rapidly.
His idea is that credit records are closed, a closed loop, so as long as the credit card does not affect Fang Xiaoying's evaluation, it will not be considered an infringement of reputation rights.
But he really didn't expect that simple credit investigation would involve the right to reputation!
And the key point is that he himself feels that what Mr. Wucao said makes sense. It reminds him of the time when he was in class...
We try hard to find a solution, but unfortunately, this is the problem with doing too much non-litigation. Many legal professionals basically just follow the path they preset before the trial.
Once the other party's arguments go beyond your own ideas, the system will crash.
No one would think that as long as a lawyer is in court, he can respond calmly and eloquently to whatever the other party says, right?
Of course lawyers won't let the situation get awkward, so what can they do? They'll just repeat the same thing over and over again. That's why many people who watch live court trials feel that some lawyers are repeating the same thing over and over again, and wonder if they are sick.
He is not sick, he just doesn't know what to say...all tears.
However, Mr. Fang didn't even give him the chance to repeat himself!
Having discussed the first point of contention, let's move on to the second. According to Article 19 of the Interim Measures for the Administration of the Basic Database of Personal Credit Information, if the disputed information is indeed incorrect, commercial banks should take the following measures:
"(1) Corrected information shall be submitted to the credit reporting service center; (2) The procedures for submitting personal credit information shall be reviewed; (3) Other personal credit information subsequently submitted shall be reviewed, and any errors found shall be resubmitted."
"Then let's look at the third piece of evidence we provided. Our client mailed a written objection application to the Fukang Branch as early as August of last year, and it was signed for on August 17th!"
"Then, considering that our client subsequently went to the defendant bank several times to raise oral objections, we have reason to believe that the defendant knew or should have known that the credit report in question was incorrect."
The third piece of evidence is the evidence produced by Attorney Fang, which is the evidence that Fang Xiaoying mailed the relevant written objection application.
This is not evidence of the other party's so-called signature, and it is impossible for you to produce this type of evidence in this case.
Instead, it requires photos of the relevant objection application, evidence of sending the objection application by express delivery, and evidence of the other party signing for it.
Then many people will say that your evidence is not strong enough. You didn’t record the whole process on video, so you can’t prove that this thing was really sent to the bank.
What if you change it during express delivery?
Don't be surprised, this kind of questioning is normal, which is why many people don't understand civil litigation.
The kind of situation they are talking about, where there must be no omissions and the evidence must be linked together to form a chain, is used in criminal cases.
The evidence in criminal cases is much stricter than that in civil cases, so there may be a situation where a case cannot be convicted in the criminal case, but the civil case can be dragged on for a long time.
An example that many people know is Brother Dong.
In civil cases, it is impossible to produce all the evidence in its entirety. Even the judge knows that is impossible!
Because even a pervert like Zhou Yi couldn't record the entire process on video.
If you have any doubts, you can first think about this: before various mobile phone recordings and surveillance were as developed as they are today, how did the courts conduct trials and how were civil cases handled?
The high probability standard mentioned above can be applied in civil proceedings, and the judge will make a comprehensive consideration to make a determination and judgment.
As for other doubts, such as "What if this is evidence he made himself? What if the photo he took is not real?"
I can only say that there are not so many what-ifs in this world. If you forge evidence, the civil lawsuit will be lost. Now that you forge such crucial evidence, it is enough to affect the court trial!
Are you dissatisfied with the food outside and want to eat something lighter inside?
Is this a gamble to see if the court can find out? Is there a bullet in the gun?
"Furthermore, the defendant has not provided any relevant evidence to prove this. Therefore, we can confirm that since August 27th of last year, the Fukang branch has not reported the personal information of our client to the Credit Information Management Center."
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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