Zheng Zhihe provided recordings and call records as evidence.
The recording was provided by Wen Ying herself. The content of the recording was the conversation between Han Qin and Wen Ying when they discussed the publishing conditions when she came to Chengdu last time. There were two recordings in total. When played in court, they seemed lengthy, but precisely because of their triviality, it was possible to prove that the recording had not been deliberately edited.
The first recording is the entire negotiation process between Han Qin and Wen Ying on the publishing conditions.
The two broke down in the discussion on "tiered royalties", and Han Qin asked Wen Ying to think it over carefully before making a decision!
The second recording was on the morning of the second day of the negotiation, when Zou Weijun informed Han Qin that Wen Ying had chosen to sign a contract with Rongcheng Publishing Group. Zou Weijun hoped to communicate with Han Qin about the subsequent serialization of "Teenage Idol" - Zou Weijun was on speakerphone at the time, and Wen Ying was listening next to him. Wen Ying, who had already dealt with Han Qin, chose the second recording. Facts proved that Wen Ying's prediction was right. Fortunately, with the second recording, the evidence became relevant!
Han Qin's indifferent attitude and refusal to communicate were fully demonstrated through the second recording!
The call records are records of Zou Weijun's several contacts with "Aige" magazine afterwards.
"Fish Against the Current" never thought of breaking the contract. Rongcheng Publishing Group was also very sincere and wanted to discuss serialization matters with "Aige"... It was Editor-in-Chief Han and the magazine who refused to communicate.
"The July issue of Aige directly published a 'termination statement' that was contrary to the facts. This is a harm to my client. Han Qin's post on the Tianya Forum is a second harm to my client. My client is not yet 18 years old and does not have enough life experience to deal with such a situation. So she also registered an account on the forum and begged Han Qin to stop this behavior. Han Qin was indifferent to my client's pleas!"
Zheng Zhihe had already prepared the recorded evidence and call records.
I didn't release it before because I wanted to see what tricks Han Qin had prepared.
Although Lawyer Xiong is very capable, he is not invincible. Zheng Zhihe thought of his mentor who was still in the audience and had no intention of dragging out this civil tort case for too long, so he directly played his trump card!
Lawyer Xiong was indeed dazzled by the shock.
How come there is a recording?
Han Qin and the magazine were completely unaware of the existence of the recording!
Han Qin was pretending to be pitiful just now, with the tears in her eyes still not dry, but now her face was full of astonishment.
Han Qin didn't believe that Wen Ying was the one recording. She felt that Zou Weijun had set a trap for her... and there was also the traitorous little salamander!
Han Qin's eyes swept across Zou Weijun and Xiao Niu fiercely.
Zou Weijun was not afraid at all, and the little salamander also stared back bravely.
This is a court, and Editor-in-Chief Han doesn't dare to beat them in public, so what is he afraid of!
The skinny man in a gray suit in the audience looked at Wen Ying with interest.
——Zhihe is right, this girl is very smart, you can consider taking her here to learn the law.
Wen Ying felt her mentor's gaze scanning her and straightened her back.
She felt a little frightened and a little proud.
When she was in school, she was not the best student under her teacher. Even though she later achieved some success in Shanghai, there was still a gap compared with her truly outstanding seniors.
But her mentor never looked down on her because of her qualifications. He taught her the same way he taught others, including Senior Brother Zheng.
Without the influence of these teachers, Wen Ying would not have been able to evolve an independent personality in her previous life, and she would not have had the courage to venture into the Magic City alone!
Lawyer Xiong, who was stunned by the explosion, came to his senses.
"Your Honor, my client was not aware of this audio recording. It was an illegal recording!"
Not all recordings can be used as evidence.
Evidence obtained by infringing upon the legitimate rights and interests of others or violating the prohibitive provisions of the law cannot be used as the basis for determining the facts of the case.
Han Qin was unaware of this, and this was an illegal recording, and Lawyer Xiong insisted on this point.
Zheng Zhihe remained calm and just watched Lawyer Xiong jumping up and down.
Of course, illegal recordings cannot be used as evidence.
However, if a recording does not infringe upon the legal rights of others and does not violate the prohibitive provisions of the law, it can be submitted to the court as evidence.
To put it simply, when a couple is getting a divorce, if the wife wants to get evidence of her husband's infidelity, she can take intimate photos or videos of the two of them in public. This kind of audio and video material can be used as evidence. Even if the husband's infidelity is captured by a camera installed at home, it can be used. There is no law that says it is illegal to install a camera in your own home.
But the wife brought people directly to her husband's lover's house, kicked open the door and took pictures of her husband and his lover making love. This kind of evidence will generally be excluded by the court. This is the wrong place to collect evidence!
Moreover, if the evidence is collected through equipment such as eavesdropping devices and pinhole cameras, which are prohibited from sale by law, they will not be accepted in court. This is an incorrect method.
The recorder Wen Ying bought was sold at a computer mall, and an invoice was even issued, so it was not an illegal eavesdropping device.
She also did not use coercion, threats or violence to force Han Qin to say those words.
Whether the recording provided by Wen Ying is legal evidence is not up to Lawyer Xiong to decide, but requires the judge to judge.
In the presiding seat, the young judge asked Wen Ying why she thought of recording. Zheng Zhihe wanted to answer, but the judge indicated that Wen Ying herself should answer.
"This was my first time negotiating with an adult, and also my first time publishing a novel. I didn't know if Aige would agree to my terms, and I had no idea if I could do this well. I didn't think of recording it at the time to use it as evidence today. I wanted to keep the recording to review it later and work hard to improve my negotiation skills. I'm just an ordinary person with average qualifications, and I don't have the ability to remember everything I hear."
——No, this is purely a professional habit.
Lawyers are used to recording conversations.
Recording can better record the client's needs and ensure that nothing is missed.
However, the lawyer will inform the client in advance before recording and will not record secretly.
The audio material provided by Wen Ying has not been edited at all. Whether the court will adopt it depends on how the judge characterizes it.
She did not obtain Han Qin's permission before recording, which is the only reason the opposing lawyer can use to attack the legality of the evidence.
But Wen Ying didn't think she was wrong.
Recording is her professional habit. If Han Qin didn't want to ruin the reputation of "Fish Going Against the Current", Wen Ying would never release this recording.
If it does not harm others, it is not considered a malicious conspiracy.
She thought of recording because she had seen Xiao Niu's QQ message in advance, saying that Editor-in-Chief Han was very angry.
This means that you should not have the intention to harm others, but you must be on guard against others!
What Wen Ying said was not entirely true, but she was very calm and felt that she had done nothing wrong. She did not avoid the judge's eyes when she looked into his.
Han Qin just acted pitiful, and Wen Ying put away her initial timid look.
The judge may sympathize with the poor, but he may not necessarily dislike the rational.
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