Zheng Zhihe provided audio recordings and call records as evidence.
The recording was provided by Wen Ying herself. The recorded content was the conversation between Han Qin and Wen Ying when they were discussing the publishing conditions when they came to Chengdu last time. There were two recordings in total. It seemed lengthy when played in court, but it was because of the triviality that the recording could be proven.
Not deliberately edited.
The first recording is the entire negotiation process between Han Qin and Wen Ying regarding publishing conditions.
The two broke down on the "tiered royalties", and Han Qin asked Wen Ying to think carefully before making a decision!
The second recording is from the morning after the negotiation. Zou Weijun informed Han Qin that Wen Ying chose to sign a contract with Rongcheng Publishing Group. Zou Weijun hoped to communicate with Han Qin about the subsequent serialization of "Young Idol" - Zou Weijun's phone was on at that time.
Hands-free, Wen Ying was listening nearby. Wen Ying, who had already dealt with Han Qin, chose the second recording. It turned out that Wen Ying's prediction was too right. Fortunately, with the second recording, the evidence was
Got the relevance!
Han Qin's indifferent attitude and refusal to communicate are vividly displayed in the second recording!
The call record is a record of Zou Weijun’s several subsequent contacts with the magazine EGGER.
"Fish against the Current" has never thought about breaking the contract. The Chengdu Publishing Group is also very sincere and wants to discuss serialization matters with "Eige"... It has always been Editor Han and the magazine who have refused to communicate.
"The July issue of EGGER directly published a 'termination statement' that was contrary to the facts. This is an injury to my client. Han Qin's post on the Tianya Forum is the second injury to my client. My client also
Under the age of eighteen, she did not have enough life experience to deal with such a situation, so she also went to the forum to register an account and asked Han Qin to stop this behavior, but Han Qin was indifferent to my client's pleas!"
Zheng Zhihe had already prepared recording evidence and call records.
I didn't release it before because I wanted to see what tricks Han Qin had prepared.
Although Lawyer Xiong has two tricks, he is not invincible. Zheng Zhihe thought that his mentor was still in the auditorium and had no intention of prolonging this civil infringement case for too long, so he directly used his trump card!
As expected, Lawyer Xiong was dizzy from the explosion.
Why is there a recording?
Han Qin and the magazine had no idea that the recording existed!
Han Qin was pretending to be pitiful just now, the water in her eyes hadn't even dried yet, but now her face was full of shock.
Han Qin didn't believe that Wen Ying was recording. She thought it was Zou Weijun who dug a hole for her... and the little salamander who ate the inside out!
Han Qin's eyes glanced fiercely at Zou Weijun and Xiao Sala.
Zou Weijun was not afraid at all, and the little salamander stared back bravely.
This is a court, and Editor Han doesn’t dare to beat them in public, so why should he be afraid!
The thin man in a gray suit in the auditorium looked at Wen Ying with great interest.
——Zhihe is right, this girl is very smart and you can consider abducting her to study the Fa.
Wen Ying felt her mentor's eyes scanning her body and straightened her back.
She was a little scared inside, but also a little proud.
When she was in school, she was not the best student under her mentor. Even if she later achieved some success in the city, there was still a gap between her and her truly outstanding senior brothers and sisters.
But her mentor never disliked her because of her qualifications, and taught her how to guide 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, nor would she have the courage to go to the magic city alone!
Lawyer Xiong, who was knocked unconscious by the explosion, came to his senses.
"Presiding judge, my client did not know about this recording evidence. This is an illegal secret recording!"
Not all recordings can be used as evidence.
Evidence obtained by infringing upon the legitimate rights and interests of others or violating prohibitive provisions of the law cannot be used as a basis for determining the facts of the case.
Han Qin didn't know that this was an illegal recording, and Lawyer Xiong killed it.
Zheng Zhihe, the old god, was watching Lawyer Xiong jumping up and down.
Of course, illegal recordings cannot be used as evidence.
However, if a recording does not infringe the legitimate rights and interests of others or violate the prohibitive provisions of the law, then it can be submitted to the court as evidence——
To put it simply, when a couple is going through a divorce lawsuit, the wife wants to catch evidence that her husband is cheating, so she takes intimate photos or videos of the two of them in public. This audio and video material can be used as evidence, even with cameras installed at home.
You can also use it if your husband is caught having an affair. There is no law that says it is illegal to install a camera in your home.
But a wife rushes directly to her husband’s lover’s house with others, kicks open the door, and takes photos of her husband and his lover having an affair. This kind of evidence is usually excluded by the court. This is the wrong time to collect evidence!
Moreover, if the evidence is collected through equipment such as listening devices and pinhole cameras that are prohibited from sale by law, they will not be used in court. This is a wrong approach.
The recording pen Wen Ying bought was sold in the Computer City, and an invoice was issued. It was not an illegal listening 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 and needs to be judged by the judge.
At the presiding court, the young judge asked Wen Ying why she thought of recording. Zheng Zhihe wanted to answer, but the judge indicated that Wen Ying should answer it herself.
"This is my first time negotiating with adults, and it is also my first time publishing a novel. I don't know whether "Eige" will agree to the conditions I put forward, let alone whether I can do it well. I thought at that time
The recording is not intended to be used as evidence today. I want to keep the recording for myself to review afterwards and try to improve my negotiation skills. I am just an ordinary person with average qualifications and do not have the ability to remember what I have heard."
——No, this is purely a professional habit.
Lawyers are used to recording.
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 is absolutely unedited. Whether the court will adopt it depends on how the judge characterizes it.
She did not obtain Han Qin's permission before recording, which was the only reason the other party's lawyer could use to attack the legality of the evidence.
But Wen Ying didn't think she was wrong.
It was her professional habit to record. If Han Qin didn't want to tarnish her reputation as a "fish against the current", Wen Ying would never have released this recording.
If it does not harm others, it is not considered a malicious conspiracy.
She thought of recording because she saw Xiaoyu's QQ message beforehand, saying that Editor Han was very angry.
This means that you should not have the intention to harm others, and you should not have the intention to guard against others!
What Wen Ying said was not completely true, but her mentality was very stable, and she felt that she did not do anything wrong at all, and she did not dodge at all when she made eye contact with the judge.
Han Qin just took the route of pretending to be pitiful, and Wen Ying put away her initial timid appearance.
The judge may sympathize with poor people, but he may not like rational people.
