Song Guangming sat down at the judge's seat, glanced at it, and announced that the court was open.
After going through some fixed procedures, such as the clerk reading out the court discipline, checking the identity of the people present in court, etc.
Song Guangming asked both the original and defendant parties if they were willing to mediate.
This can be considered a routine inquiry.
After all, this civil case is different from a criminal case. Generally speaking, the two parties can still mediate before the formal court investigation begins.
But it is obvious that there is no possibility of mediation between the two parties in this case.
There's nothing more to say, let's go directly to the court investigation stage.
Luo Dazhuang read out the indictment.
The content of the complaint is mainly divided into two parts. The first part describes the reasons and points out the defendant’s infringement and nature, as well as the laws and regulations violated.
The second part is to file a lawsuit request: return the goods, apologize, and modify the regulations!
Then the evidence and cross-examination began.
Luo Dazhuang was the first to present the evidence: the box of napkins, consumption receipts, payment receipts and invoices that were still intact.
In addition, there are also menus, leaflets, screenshots of the online ordering system of the Xiaohejia Xingguang Avenue store, etc.
These evidences have all been forensically authenticated and are guaranteed to be true and legal, and can be used as support to prove that the defendant (Xiaohe family) indeed committed infringement.
"Defendant, what objections do you have to these evidences?" Song Guangming asked.
Li Shu shook his head to dispel the uneasy feeling that had always lingered in his mind, and said in a deep voice: "We have no objection to the authenticity and legality of the evidence, but we have objections to the strength of the proof."
"These evidences can only prove that the plaintiff dined in our store and paid for a box of napkins, but cannot directly prove the infringement mentioned in the plaintiff's complaint."
"Our Xiaohejia has always adhered to the customer-first service concept. We have been continuously improving customer experience for more than ten years since its establishment. How could we do such a thing of destroying our own brand!"
Li Shu took a deep breath, then raised his hand and said: "Your Honor, the defendant requests the production of evidence."
"agree."
then.
Li Shu presented evidence.
These are some data reports of the company, including: comparison of paper towel usage before and after the implementation of napkin charging, napkin quality inspection report, customer satisfaction survey report, etc.
"Plaintiff, what objections do you have to these evidences?" Song Guangming asked, looking at the plaintiff's seat.
Luo Dazhuang said calmly: "There is no objection to the authenticity and legality, but there is an objection to the relevance. The evidence cited by the defendant has no direct relationship with this case."
The presentation of evidence and cross-examination is over, and the next step is the focus of the trial - the court debate!
Luo Dazhuang took the lead and launched an offensive against the "right to choose."
"Based on the evidence, it can be seen that the defendant provides napkins for a fee in all major stores, but does not explain them anywhere, and the waiters will not proactively inform consumers."
"That is to say, consumers have almost no way to know that the napkins they use are paid for before checking out. It is in this situation that they have no choice, and they passively use the napkins for a fee."
"I believe that Xiaohejia's behavior has seriously violated our client's right to make independent choices as a consumer!"
The right to choose independently is not difficult to understand from the literal meaning.
Choose to choose, you have to have a choice to exercise this right, right?
However, Xiaohejia does not give consumers any chance to choose. It simply assumes that you have accepted the paid use of napkins.
This is not a violation of the right to choose independently.
Luo Dazhuang's simple words went straight to the point.
But Li Shu had no choice but to bite the bullet and defend himself.
"We have no intention to infringe on consumers' rights. The reason why it is not reflected in the menu is because we focus on improving consumers' experience and immersion, and want consumers to focus more on the dishes.
Thereby enhancing the dining experience…”
"According to relevant judicial interpretations, consumers' right to make independent choices does not exclude operators from introducing and recommending products to consumers. Our menus and leaflets are essentially a kind of 'introduction' and 'recommendation'
', this is not an infringement."
"And if consumers take the initiative to ask, every clerk in every branch of our Xiaohejia will tell the truth truthfully, and there will be no deliberate deception."
"Therefore, as for the plaintiff's claim that we violated the right to make independent choices, I mistakenly believe that this does not exist."
As soon as Li Shu finished speaking, Luo Dazhuang sneered and shook his head and said: "The defendant's lawyer is obviously avoiding the important and choosing the light, secretly changing the concept!"
"The judicial interpretation does mention that operators can introduce and recommend products, but Xiaohejia's behavior does not stop there!"
"The premise of introduction and recommendation is that the operator displays the goods or services provided, and then selects a part of them to introduce and recommend. However, Xiaohejia has not displayed the napkin charges anywhere, and has not provided them to consumers at all.
An opportunity to make your own choices.”
"I would like to ask the representative of the other party, is it possible to openly infringe on consumers' rights under the banner of considering consumers?"
Luo Dazhuang stared at the other party and asked.
"No, how can you say this? The right to choose independently does allow operators to make introductions and recommendations. We just..."
Before Li Shu finished speaking, he was interrupted by Luo Dazhuang's words.
"Stop talking, this law doesn't mean what you said."
Li Shu suddenly frowned and felt unhappy.
Although you are recognized as a master in the industry, I am not a newbie. How can I get this basic interpretation of the law wrong?
Thinking of this, Li Shu said with some anger: "Lawyer Luo, this is what the judicial interpretation says, and I think I..."
As a result, it was interrupted again.
"Do you understand or not?"
Luo Dazhuang pushed up his glasses frame, looked at Li Shu with a king's contempt expression, and said calmly: "I participated in drafting this law. Let me explain to you what it means..."
Mist grass!
Jiang Bai's eyes suddenly lit up.
Translate, translate, what is surprise and what is explosion!
Translation Translation, what is called the surprise of riding a horse!
What is called the explosive kill of stepping on a horse!
You kept talking for a long time, and then... the author who drafted the law came out and gave his own opinion.
Jiang Bai can't read minds, so he doesn't know what the other lawyer is thinking at this moment, but he can clearly see that when Luo Dazhuang waved his hands after saying these words, the other party's eyes became a little dull, and he probably had doubts about life.
.
After Luo Dazhuang explained the relevant legal provisions in a simple and in-depth manner, he spread his hands and concluded: "To sum up, Xiaohe's family has indeed violated our client's right to make independent choices."
"Defendant, do you have anything else to say about the right to choose independently?"
Song Guangming was worthy of being an experienced old judge. Although he was shocked, he quickly came to his senses, looked at the defendant's seat and asked in a deep voice.
who I am?
Where am I?
What am I going to do?
Li Shuren was dumbfounded and sat blankly in his seat, not hearing Song Guangming's words at all.
"Director Li! Director Li!"
Han Bing gritted his teeth and shouted softly twice, and then Li Shu came back to his senses.
"Ah? No, there's nothing more to say."
Li Shu shook his head blankly.
At this point, the debate on the "right to choose independently" has come to an end, and the focus of the subsequent debate between the two parties centered on the "right to fair trade."
Luo Dazhuang was still the first to speak: "On X day of this month, our client dined at Xiaohejia Xingguang Avenue store. From the beginning to the end, he did not actively ask the merchant to provide napkins, nor did he use the box that the merchant put on the table.
paper napkin."
"But after the meal, our client discovered that there was an extra napkin in the bill, which cost two yuan."
"Our client refused to pay for it, but the restaurant used the head office's regulations to force our client to pay the bill, completely ignoring the wishes of the consumers."
"As a consumer, you have the right to decide for yourself what services you will accept, what services you will not accept, what products you will buy, and what products you will not buy, but the defendant forced our client to buy napkins!"
“I believe that the defendant’s behavior violated our client’s right to fair trade as a consumer!”
After saying that, Luo Dazhuang looked at the other two with a smile.
Li Shu has completely lost his rhythm.
As a lawyer, facing powerful opponents and opponents with almost no chance of winning, there is already a lot of psychological pressure.
This is good, because the opponent is not only powerful, but also participated in the drafting of relevant laws and regulations.
What does this equate to?
You are dressed in civilian clothes and have just left the Novice Village. The most powerful weapon in your hand was given as a gift during the first recharge event.
But your opponent is at the top of the combat power list. He is covered in divine armor, and his dazzling light will almost blind your titanium alloy eyes.
More importantly, the opponent not only has a magical outfit, but also has a GM account.
How is this fun?
"Director Li, please speak up and refute him quickly!"
Seeing that Li Shu didn't speak for a long time, Han Bing quickly lowered his voice and urged.
Li Shu gritted his teeth and complained secretly in his heart.
How to fight this battle, sister...
But it was obviously impossible not to speak. Li Shu forcibly organized his words and said: "We did not intentionally infringe on consumers' rights to fair trade..."
As soon as he said these words, he realized that he had said the wrong thing.
He immediately changed his mind.
But it's too late.
"Oh, it seems that the defendant's lawyer also admitted that Xiaohe's family has violated consumers' rights to fair trade?"
Luo Dazhuang suddenly laughed.
"This...I don't mean that, I just want to say, I..." Li Shu's expression suddenly changed.
I quickly had to go back to make up for it.
But if you say this, you will throw water out, no matter how you try to make up for it, it will not help.
Li Shu could only ignore the mistake and change his perspective: "We did it completely unintentionally..."
"Unintentional?"
Luo Dazhuang sneered and asked: "Then I would like to ask the defendant's lawyer whether your company has clearly issued such regulations? As the head of Xiaohejia's legal department, do you know that this approach infringes on consumer rights?
?”
After hearing these two questions, Li Shu suddenly felt that something was not good.
It's as if the other party has dug a hole and is waiting for him to jump into.
But the problem is, he knows it, but he can't change anything.
After all, this is the stage of court investigation, and it is difficult to refuse to answer such a question, so I can only make vague remarks: "I actually don't know much about this matter involving the company's operational level..."
"Oh, you don't know."
"Tsk, tsk, tsk, as a company legal officer, and also responsible for the legal affairs of this company, I don't know anything about the situation of this company."
"I have to doubt your professionalism and your attitude towards your work. If a lawyer from my law firm behaves like this, I will definitely fire him."
Hearing these strange words, Li Shu suddenly felt hardened.
Oh, don’t get me wrong, it’s a hard fist.
He really wanted to rush up and have a real fight with Luo Dazhuang, so that he could feel the hardness of his iron fist.
This is so irritating.
Just say eucalyptus, why is it a personal attack?
Li Shu was so angry that he took a deep breath and was about to fight back.
However, Luo Dazhuang turned his eyes, looked at Han Bing, and said: "Ms. Han, you are the manager of the public relations department of Xiaohejia. I believe you are not as unprofessional as the legal department. Therefore, you should be able to answer my questions.
Bar?"
Li Shu's heart skipped a beat and he quickly reminded Han Bing not to talk nonsense.
It turned out to be too late.
Han Bing stared at the beautiful Kazilan with big eyes and said confidently: "The company does have such regulations, but it is also to save costs and protect the environment."
"Elementary school students all know that everyone is responsible for protecting the environment. As a company full of social responsibility, our Xiaohe Family naturally has the responsibility and obligation to contribute to protecting the environment."
"The evidence we just listed clearly shows that since the introduction of napkin charges, the phenomenon of paper waste has indeed been greatly improved."
"This move will benefit the present generation and will be effective for the future!"
These words were spoken with great enthusiasm and cadence.
But it is a pity that this is a court debate and the law must be discussed. It does not mean that you can maintain an advantage by seizing the moral high ground.
As long as it is untenable in terms of laws and regulations, you are breaking the law, which is also wrong.
Han Bing obviously didn't understand this.
She thought her words could impress the judge.
But Li Shu beside him sighed helplessly and his shoulders slumped.
The situation, which was already not optimistic, has become even worse.
How can we fight this lawsuit?
Luo Dazhuang shook his head and said: "Okay, thank you to the other friendly forces for answering my questions."
"The defendant's speech just now conveys two meanings. First, Xiaohejia Corporation has indeed formulated regulations on the bundled sale of napkins; secondly, Xiaohejia Corporation still does so despite knowing that its behavior is illegal.
Of."
"Xiaohejia clearly knew that such behavior would infringe on the rights of consumers, but they never thought of modifying or canceling the relevant regulations. Instead, they had a very tough attitude. In the face of questions raised by consumers, it is company policy to keep silent anyway.
Those who don’t know better would think that the Xiaohe family’s company regulations are greater than the law, haha..."