Chapter 79: The First Experience of the Little Black House (2)
Coming off the witness stand, Chairman Wei sat next to Lu Ming.
The look in Christine's eyes at Lu Ming was even more unkind.
Chairman Wei's testimony in court was more like a show, a business practice to promote his bank.
Lawyer Smith remained silent and very graceful. When Chairman Wei finished his "testimony", he stood up and said: "Your Honor, I request that the witness's testimony be invalid and the court adjourn temporarily."
"The testimony is ruled invalid!" Christine looked at Lu Ming, "Follow me!"
"The plaintiff requests to participate!" Smith stood up again.
Christine nodded.
Lu Ming looked at Christine's face and said in Wei Baozeng's ear: "The plan continues. You go out and make a statement. You don't have to wait for me. I will probably be locked up in the dark room." The dark room is, of course, jokingly called the court.
The environment of the temporary prison cell is quite good.
As for whether the "testimony" is valid or invalid in court, it does not affect the effect of the show.
But Judge Christine looked annoyed.
…
"Bailiff, lock him up! 24 hours." After entering the office, Christine made a gesture.
The bailiff in black uniform who was called in by Christine's gesture in the corridor was stunned and walked over helplessly, "Lawyer Lu, please."
Lu Ming smiled at him as if he understood.
This is the prerogative of the judge. Contempt of court can directly imprison a person with a minor punishment or a major punishment. Of course, it will not exceed 24 hours. It is considered a minor offense and there will be no criminal record.
Moreover, the crime of contempt of court can be serious or minor, and judges are particularly flexible in sentencing. For example, in my previous life, a former president of a Western country was sentenced to contempt of court because he refused to provide relevant documents as the court said. He was fined 10,000 yuan per day until the corresponding documents were submitted.
People don't have to go to jail.
This, for me, is just the initial stage of contempt of court.
Over there, Smith looked at the results and nodded with satisfaction.
Lu Ming thought for a while and said: "Your honor, before I am imprisoned, I have a few words to say."
Judge Christine waved her hand, and the bailiff temporarily stood aside.
"Regarding the Baoyin Bank case, first of all, I think it is worth debating whether Mr. Wei and Mr. Bi Hanting have a legal relationship and whether the neighbor principle applies here."
Smith immediately said: "Inquiring bank account statements is a professional act. Although Mr. Wei and Mr. Bi Hanting are friends and have not signed terms of service, it is precisely because of their relationship as friends that the legal distance between the two is blurred. In fact,
According to the moth in the soda can case, Mr. Wei and Mr. Bi Hanting have formed a legal relationship by default!"
The opponent stopped showing off, and Smith counterattacked very quickly.
Lu Ming nodded, "The neighbor principle is naturally an important principle in our economic relations. However, it is very inappropriate to equate legal distance with foreseeable harm. The economic relationship between the two parties, without a contract,
As long as one party causes harm to the other party, the two are considered to have a legal relationship, which will harm our public order and good customs."
"For example, in this case, Mr. Wei was originally helping a friend, but in the end, he got into trouble and may even go bankrupt. How will this shape the values of our society?"
"The neighbor principle, in fact, should have three parallel test criteria. First, is the economic loss caused to the plaintiff reasonably foreseeable? Second, does the legal distance between the parties create a legal relationship? Third, let the defendant
Is it fair, just and reasonable to assume legal responsibility? Is it consistent with public policy principles?”
"Only when the answer to these three points is yes at the same time, I think the neighbor principle is a reasonable decision."
"In this case, we can reluctantly recognize Article 2 because my client runs a bank. It can be considered that although he helped his friend with inquiries, he also had a legal relationship with his friend."
"But the first point is that my client never expected that this inquiry would bring any economic losses to the plaintiff; the third point is that allowing my client to bear legal responsibility will seriously damage our social values. If a People who kindly help their friends without harming the interests of others are severely punished in the legal sense. That is absolutely judicial injustice!"
"Are you done?" Christine asked calmly.
Smith, on the other hand, looked at Lu Ming with a bit of surprise, and began to think seriously.
Lu Ming nodded to Christine.
Christine made a gesture, and the bailiff reluctantly came over. Lu Ming didn't make it difficult for him, and followed him outside.
…
After being locked up for about half an hour, Lu Ming was released. In the corridor, Wei Baozeng was waiting for him with a wry smile.
"When the statement was issued, were there many media?" Lu Ming asked.
Wei Baozeng nodded.
Lu Ming thought about it and said: "It still depends on the follow-up. This statement will not have much effect on ordinary depositors. When bank assets are unblocked, they will come to run or there will be a run. We must be prepared. But now we take the opportunity It’s also good to promote Baoyin’s new concept.”
Wei Baozeng wanted to say something, but stopped talking.
Lu Ming shook his head: "To tell you the truth, originally I said there was a 60% winning rate, but now, it's only about 40% to 50%. I can only leave it to fate."
This chief judge is really difficult to deal with, especially since he sees himself as someone who wants to pursue her dependent daughter.
From her point of view, she is naturally full of shortcomings.
Judges are also human beings with emotions and cannot always remain fair and impartial.
Moreover, the three-point test criterion of the neighbor principle was originally a product of the 1960s and 1970s, and was formally established in the late 1980s. Now, it is a little ahead of its time.
After thinking for a while, "Bi Hanting seems different when he sees Chairman Wei than when he sees you."
Wei Baozeng smiled bitterly: "The two of them used to be very good friends, but Uncle Bi suffered too many losses and became a laughing stock..."
Just as Lu Ming was about to say something, Wei Baozeng said: "Lawyer Lu, do you think this will work? I'll talk to Uncle Bi. Our Baoyin Bank will take over Nadu Pictures. Although all the copyrights of Nadu's previous films have been sold, It has become an empty shell, but there are still some studios and contracted artists, so they may not be able to make a comeback, especially with you as a partner."
"As long as Uncle Bi agrees to settle, although Baoyin Bank will be burdened with heavy debts, I am now confident that we can tide over the difficulties."
Lu Ming originally had other ideas. After listening to Wei Baozeng's words, he thought about it and said, "Well, we can talk about it and see what the other party's conditions are." His original idea was a bit cruel and he couldn't talk about it anymore.
Nadu was once famous, but the current film industry is different from that of later generations. Today, running a film company is like a roller coaster. It can be said that one movie can make a company prosper, and one movie can also cause the company to decline quickly.
Nadu, mainly because a film he made with a huge investment of 500,000 yuan suffered a huge loss and started to go downhill.
A few years ago, when Nadu invested 500,000 yuan to shoot this film, which was a record-breaking investment in the history of film, it was still at its peak.
As for Wei Baozeng's change, it seems that when his father made the statement, the feedback was good, so he regained confidence and dared to make movies.
"Let's see what Chairman Bi says first." Lu Ming pondered, "Besides, this case is not that pessimistic, so when negotiating, you should consider whether the normal investment is worth it, rather than compensating him."
Wei Baozeng smiled slightly: "I understand, and you have to come with me. Not only are you my legal representative, we are partners, right?"