I’m Really a Superstar Chapter 747: [Who is a professional lawyer! 】
Out of court.
Crowds of people watching!
"Oops!"
"Zhang Ye won?"
"Shit! CCTV Channel 1 actually lost? Really lost?"
"Compensation for double wages? This is the highest standard for compensation! Because the wages are only one or two Heavens/Days late!"
"crap! Zhang Ye really **** won CCTV Channel 1! fucking awesome! Too fucking awesome! This is the first time to open Entertainment Circle!"
"This lawsuit of Teacher Zhang is definitely of historical significance! At least it will be entered in the history book of Republic Entertainment Circle. For the first time, an entertainer who has a lawsuit with TV station has won!"
"It's really burning with passion!"
"Teacher Zhang is domineering!"
Everyone is astonished at the news!
The media reporters outside, also the first time surrounded of the Jiang Yuan and CCTV Channel 1's attorney group, the problems bombarded one by one!
"How did you lose?"
"Is CCTV Channel 1 ready to continue with the appeal?"
"Jiang Vice-Director, what do you think of the result of this judgment?"
"Mr. Huo, where did you lose?"
Jiang Yuan said with a grimace: "Let's make it!"
Mr. Huo also had an unnatural expression, "No comment, no comment!"
Mr. Huo didn't want to say a word at this moment. He felt that today is the darkest day of his lawyer's career. To be fair, in the view of Mr. Huo, Zhang Ye really has a certain advantage. After all, he is the victim. It is the plaintiff. The court will take care of it a little bit. However, this is not absolute. The court debate is also a top priority. If it can take absolute initiative in this link, Mr. Huo believes that the victory rate of this lawsuit must be one's own is bigger, and do n’t forget, Zhang Ye did n’t hire a lawyer. He is a private prosecutor. Mr. Huo is a professional in the legal field. Of course, he has absolute confidence in facing a amateur person who knows nothing about legal provisions. one's own can win, at least 70% to 80% chances will win!
Maybe, they lose here!
Mr. Huo will never forget the scene in court today. He did n’t know until the end of the debate. Zhang Ye is even more familiar with the legal provisions than he is! !!
...
Three hours ago.
The court.
The clerk said: "The lawsuit is about to be heard, please be quiet! The parties and their litigation agents are now invited to the court."
Zhang Ye came up to the plaintiff's stand.
Jiang Yuan and Lawyer Huo entered at the same time and arrived at the defendant's stand.
Only listening to the clerk ’s tone, said solemnly: "Now read the court's discipline: 1. All persons attending the court should obey the unified instructions of the judges, and all shall close the communication tools, observe the court order, and prohibit smoking. 2. Observers must keep quiet No noise, no applause, no interruption, no entry to the trial area ... "After reading a total of four or five, at the end, he turned around," Stand up, invite the judges to attend. "
Then the court started the proceedings.
Introduction of plaintiff, defendant and agent.
The court investigation then begins with the plaintiff stating the claim, the facts, and the reasons.
Zhang Ye opened his mouth, "Five days ago, during my tenure at CCTV Channel 1 ..."
In the beginning, it was a programmatic thing. The Zhang Ye said it was quite satisfactory. The same is true of Mr. Huo. This is not part of the debate. It is only a statement process. It is for the presiding judge and other people to understand what happened. This process Very slow, and walked for half an hour.
Question by the presiding judge.
Zhang Ye answers.
Question by the presiding judge.
Mr. Huo responded.
After all the statements have been made, finally, the plaintiff-defendant's mutual-defence session begins!
Mr. Huo quickly said, "I would like to ask the plaintiff, you know that the first salary time Why do n’t you communicate with my agent in advance? As we all know, you are also a veteran in the TV industry. TV station And work units, according to common sense, you should not be unaware of these processes, if financial System Something goes wrong, it is difficult for us to be the first time Check if it's because System The problem was paid one day late and I was asked to claim two months' salary, which we absolutely cannot accept! We even reserve the right to counterclaim the plaintiff for suspected fraud! "
At this moment, I was still drowsy. According to Xuanke's Zhang Ye, all of a sudden seemed to be changed, his eyes were bright, and his body was straight, as if a sharp sword was pulled out of the scabbard. Spirited, "Well, you go on."
Next?
What are you talking about!
A male judge judges him.
Mr. Huo is also not used to it. He has not had one hundred or dozens of lawsuits with others. However, opponent is a lawyer of a professional institution. Which lawyer is not strict? Not tightly? "You continue to say" This sounds a bit dumbfounded .
Forget it, who makes it amateur!
Well, it's tiring to fight a lawsuit with amateur, so unprofessional!
Mr. Huo's mind is even more determined. He now has a 90% to 90% chance of winning already, and only said: "I have several testimonies here, which are testimonies of employees of the CCTV financial department. They can prove that We did not contact us by means of communication, but severely insulted and personally attacked our financial personnel in a verbal and questioning manner, which also indirectly caused the issue of wages due to System failure. It can be resolved in the first time. For this reason, the plaintiff has an inescapable responsibility! "
The evidence is presented.
The chief judge and the judges both looked.
The presiding judge asked, "What's the explanation for the plaintiff?"
Zhang Ye also saw the evidence, smiled, and looked at Lawyer Huo: "Your mother is your mother, you-big-ye is you-big-ye, is this a curse? How can I not hear?"
Mr. Huo immediately said: "I protest, the other party has insulting words."
The Chief Justice said: "The protest is effective."
Zhang Ye said: "The presiding judge, the evidence just presented by the defendant is only unilaterally taken out of context. I also have a testimony here that shows the full story of the incident. I was on the first time who had not received my salary and the other financial officer. To communicate, the other party refused to check the salary situation for me on the grounds that it was off work, and then refused to investigate the detailed reason on the grounds that they did not have the right to check. Finally, I also asked one's own to issue a certificate to the relevant department that my salary was not received , And also asked me to prove that my salary card is my salary card. Under this situation, I also asked the other party to issue a certificate for what reason she had me to issue a certificate, and so on to prove that your mother is your mother and you Grandpa is your proof of Grandpa. During this period, our communication is very smooth and harmonious. How can we say it? "
This is communication harmony?
Harmony your sister!
Everyone in the audience: "..."
Mr. Huo immediately said: "The other party's words are insulted again, I protest."
After looking at the evidence given by Zhang Ye, the presiding judge was silent for a second this time, "Protest is invalid!"
Also in other words, the court supported that in the context of the relevant evidence provided by Zhang Ye, his words were not swearing, so he rejected Mr Huo's protest.
"Thank you, the Chief Justice." Zhang Ye continued: "The defendant has repeatedly emphasized that it was caused by my reasons, making people have to doubt its motive and purpose. I now have reasons to believe that the defendant owed me wages. The behavior was premeditated from the beginning, not the so-called System problem. "
Mr. Huo frowned, "please present the relevant evidence to the plaintiff!"
"Okay, I applied to submit evidence." Zhang Ye took a thing, "This is the salary statistics and distribution data of the entire CCTV. I cannot disclose the source of the evidence for the time being, but I guarantee the authenticity of the evidence and can verify it at will. The evidence shows that all the employees in the whole CCTV Channel 1, only I have not been paid. It is not that System made a mistake on its own, but at 2:05:17 in the afternoon of the day of the incident, the System entry of my salary was changing. Once, and at 2.09 am, it was changing for the second time, which is the direct cause of my salary not being paid! "CCTV these days are busy guiding public opinion and crisis public relations, Zhang Ye is not idle .
Jiang Yuan's face was a bit dull, and he knew at the first sight that the evidence must be true!
Mr. Huo didn't expect it at all!
CCTV Channel 1 salary System data? What is the detailed operation? Fuck How did you get it! Which insider is responsible for Zhang Ye? ?
Actually they do n’t know at all, let alone the salary System of a financial department of CCTV. The official website Zhang Ye of the Republic of Korea government is free to come and go. In this regard, how can System defense prevent a world ranking? 3. The world-class Hacker with the highest amount of rewards in the world today?
The presiding judge and others read the evidence and whispered to each other.
Mr. Huo countered: "First of all, I seriously doubt the authenticity of this evidence. Secondly, there are many reasons for the artificial changing. Mistakes caused by the perhaps staff's misoperation. There is no evidence that it was premeditated. Therefore, a subjective judgment was made in favor of the plaintiff! "
This evidence is very bad for them. Even if the authenticity of the evidence has not been verified by the presiding judge, it is enough to give a bad hint to the judge. Moreover, Mr. Huo can also see from the expression of Jiang Yuan. This The evidence couldn't be verified at all, and it must be true. Therefore, Mr. Huo was anxious to reverse the situation and said, "I want to add another piece of evidence. This is a labor contract signed by the plaintiff with CCTV."
The evidence comes up.
The Chief Justice and others look.
Only listen to attorney Huo: "Articles 5 and 9 on the second page of the contract clearly show that the relationship between the plaintiff and CCTV Channel 1 is not purely a labor service relationship between the individual and the enterprise, but a cooperative relationship under the contract. It can be seen that the plaintiff proposed to retain a large part of the copyright of his program creation. Under this premise, he cooperated with CCTV to jointly operate program and did not require bonuses. This form of cooperation excludes the copyright ownership of job creation. In a fundamental sense, CCTV does not have the obligation to pay wages for Zhang Ye, because the plaintiff provides program creative production program, and CCTV provides a platform to provide personnel to help publicity, other copyright benefits after program operation, which is originally Zhang Ye marked on the contract The wages in practical sense do not need to be paid anymore, and we have been paying Zhang Ye wages according to the wage base of a class Host in Taiwan, which is just humanity and not an obligation, so we cannot pay the compensation amount requested by the plaintiff! "
At this point, it is time to start to fight for legal knowledge, and it is the real battlefield!
Mr. Huo has been looking forward to this link. The difference between amateurs and professionals is reflected in this content!
Zhang Ye is also not pissed off, indifferent: "The law of the State Ministry of Human Resources and Social Security on wage payment stipulates that no matter whether it is a formal worker or a labor dispatcher, as long as they work in the same content and pay the same amount of labor, they should get the same level of work. Wages and benefits. During my term of employment at CCTV Channel 1, I not only engaged in Host work, but also held related positions such as Chief Director, Master Planning, and deserved to receive corresponding labor compensation. It was not the actual salary paid by the defendant for copyright. The copyright itself belongs to me. Where can I say that one's own pays one's own? "
Hey?
It's pretty good!
Jiang Yuan is a bit unexpected, I didn't expect Zhang Ye to take over!
Mr. Huo also looked at it slightly, and quickly turned over a large stack of documents, read his head and said, "Article 16 (2) of the Copyright Law stipulates that special work works are materials that use legal persons or other organizations. technique Engineering works, product design drawings, maps, computer software and other professional works produced under conditions and with the responsibility of a legal person or other organization, or work in which the copyright is provided by a legal person or other organization as required by laws, administrative regulations or contracts. Special duties The author of a work enjoys the right of attribution, and other rights of the copyright owner are enjoyed by legal persons or other organizations! "
Zhang Ye looked at him and said, "I want to remind the defendant and the defendant's attorney that already is clearly shown and agreed in the contract. This is not a special work of work, but only a work of work under an agreement. The copyright law stipulates that: The copyright of the work is enjoyed by the author, but the legal person or other organization has the right to use it preferentially in the business scope. And I want to explain that the copyright agreement distribution scheme already is reflected in the labor contract! Under the premise that already has no agreed disputes , The defendant's refusal to pay wages is itself contrary to labor law! "
Mr. Huo is about to speak.
Zhang Ye reiterated: "The Labor Law stipulates that workers have the right to obtain labor remuneration in accordance with labor contracts and relevant national laws. The right to obtain labor remuneration is an indispensable material guarantee for the continued exercise of labor rights. According to the" Labour Opinions of the Ministry of Ministers on the Implementation of the Labor Law, Article 2: Republic enterprises, individual economic organizations and workers, as long as a labor relationship is formed, that the workers have actually become members of enterprises and individual economic organizations, and provide them with Paid labor, labor law applies! "
Mr. Huo immediately said: "Labor law ..."
Zhang Ye interrupted: "During my tenure with CCTV Channel 1, I created economic value for the defendant and paid real labor for the defendant. The labor relationship between the two parties is unquestionable. As a formal employee of the defendant, I have reasons to ask the defendant. Pay our wages! "
Mr. Huo interjected: "The plaintiff's ..."
Zhang Ye also took the lead: "According to China's" Labour Law ... "
Interrupted by several robbers, Lawyer Huo was annoyed, "Judge, I protest against each other ..."
Zhang Ye interrupted him for the fourth time, "I haven't finished the appeal yet, please don't interrupt the defendant!"
The presiding judge looked at lawyer Huo, "The protest is invalid! The plaintiff continues to appeal."
Mr. Huo's face is all blue!
Zhang Ye continues to say, "The" unreasonable arrears "in Article 50 of China's" Labor Law "should be understood as meaning that the employer does not pay the workers' wages in the stipulated time intentionally without justification! The Ministry of Labor" Article 4 of the Supplementary Provisions on the "Interim Provisions on Wage Payments" related to the "exempt reasons" rule is excluded: wages owed to workers without cause does not include: (1) the employer encounters a natural disaster that cannot be resisted by manpower Due to difficulties such as war, war, etc., wages cannot be paid on time; (2) The employer does have difficulties in production and operation and capital turnover has been affected. After obtaining the consent of the unit's labor union, it can temporarily pay the workers' wages temporarily. The maximum limit of the extension of time can be Provinces, autonomous regions, and municipalities' labor security administrative departments determine according to the local situation. Other arrears of wages under situation are unpaid for no reason!
I thought Zhang Ye was finished.
Mr. Huo just said, "For the plaintiff ..."
It turned out that Zhang Ye hadn't finished yet. This seems to be a lawyer from Huo, such as intentionally. As soon as the other party spoke, Zhang Ye continued: "The company has not encountered natural disasters or wars that cannot be resisted by manpower. It is impossible to pay wages on time due to other reasons, nor is it because the production and operation difficulties and the impact of capital turnover are unable to pay wages on time, so the defendant has no reason not to pay me! "
Mr. Huo was furious, "the plaintiff's ..."
Zhang Ye looks arrogant, and I do n’t know how many times I interrupted: "The Ministry of Labor has issued the" Economic Compensation Measures for Violating and Terminating Labor Contracts "? The notice states that employers deduct or owe workers wages without cause, and refuse to Those who pay workers to extend their time salary will need to pay a certain amount of economic compensation in addition to paying the full salary within the prescribed time! "
The Chief Justice stares at Zhang Ye.
Several judges looked at each other.
The surrounding court staff and people in the auditorium are also silly! Really stupid!
At the same time, they actually found that Zhang Ye has not lowered their heads from the beginning to the end because he is not the same as Lawyer Huo. He doesn't have script at all.
A professional lawyer, holding script and stuttering there can't talk!
An amateur plaintiff went out of print there, one by one!
Fuck!
The development of situation is different from what I thought!
Who the **** is a professional lawyer? Hello! !!
Zhang Ye also said: "Given the continuous turmoil of public opinion and the huge social impact, the impact and pressure on me is very serious, I request the court to uphold the principle of protecting the weak in the labor law, which is also the first part of our constitution. The principle of labor protection embodied in a series of provisions in Chapter Two "Citizens' Rights and Duties", supplemented the compensation amount to twice the salary and my personal spiritual loss fee of 1 yuan, a symbolic relief figure and asked the defendant to apologize and ask the court Support my claim! "
Mr. Huo stared angrily at Zhang Ye, waiting for him to continue.
Zhang Ye said: "Hmm ..."
One second ...
Two seconds ...
Three seconds ...
It turned out that Zhang Ye finished this time!
But the Zhang Ye chicken thief did not reveal the meaning of one's own. After those words, he still looked at the defendant's direction. After clearing his throat, his lips moved slightly, and he hummed to Huo. Lawyer and Jiang Yuan their feeling is that Zhang Ye has not finished, so they are waiting!
Until the presiding judge said, "Did the defendant have to plead?"
At this time, Lawyer Huo only came back, and he let Zhang Ye put it together. He knew that one's own started to fight back after waiting for Zhang Ye, but the atmosphere at the scene was not Yes, but the judge did not know, everyone What I saw was that Zhang Ye already was finished. As a result, Lawyer Huo and the defendant of Jiang Yuan did not speak for a long time, as if they had been misunderstood by Zhang Ye, which made them unfavorable. Ah, the already was defeated!
Mr. Huo was astonished!
It's broken! Underestimate the enemy!
This time it ’s really a capsize in the gutter!
Who said the grandson is his mother Host? Who said that this grandson is his mother Mathematician(s) Writer? Language logic, language art, psychological warfare, and even legal provisions and related legal knowledge. At this moment, Mr. Huo was shocked to find that this product is actually more professional than one's own! ?
How do you memorize so many articles?
You do n’t have to look at script without looking at the information? ?
Furthermore, some of the legal provisions proposed in the impromptu debate can be used by your mother without even calling me. Fuck Will you not memorize the entire constitutional civil law provisions? ?
However, Lawyer Huo didn't know that he was really right!
Zhang Ye, this abnormal, used time for a day yesterday, and really carried down all the constitutional and civil laws of the world without a word! !!