I am a small lawyers. Small age, this 28-year-old, known small, non-partner, also non-department heads; cases of small contractors, most cases, less controversial subject.
Recently, I have a small contractor case. I Acting plaintiff side, this time to five dogs.
Clients is a couple of men named Wen-qing, a woman called Li-Xin. April 2004 have come to Beijing to work. The defendant's dog when Siyang Yuan. Two from the northeastern province of Heilongjiang small cities, and Anyu love to do the job. In the last two records we can see: the morning of June 7, found that "as a" heat; July 12, the third time to "Louis" insect-eating trend; August 19, the puppy " The third son "has reached a weight of 700 grams. One year later, the dog farm in rapid growth. Both were born in the 1950s, a woman of frail and sick, the disabled, Ban Fenzhong can move 10 meters long. This work is very hard, they think of a dog will be more and more in the near future, they will be heavy work can not afford. Thus, with many years down the saved 10,000 yuan, the defendant bought three puppies, because people in the dog, puppy dog also on behalf of support, and every dog to the defendant to pay a monthly 100 yuan feed costs. May 2005, they say the idea of the bottom of my heart, do not want to tell the defendant did. The defendant remain strongly-wan, an increase of two to 100 yuan wages, and signed an agreement, agreed a detailed incentives, as long as the health of the puppy dog, puppy-long fast to the two additional material reward, material Means puppy. They left, after five months, long Yicha National Cheng Kung University puppy dog. The defendant's reluctance to the two two puppies, and raising fees on receipt Mrs. hundred dollars a month is the start. After the award, the defendant is no longer active, they have not re-excited. They have more than a month of the contract period expires, they saw the defendant has not observe a promise, in advance of the resignation shows that the attitude of the accused prepared to find others. But the two accidents happened, at 2:00 on December 7, 2005, the value of 30,000 yuan a dog was missing. Dark cold night, men with a flashlight anxious to find the 10 minutes. Baffling » Walls and steel doors » The most valuable dogs » Two hearts a pile of question marks. Immediately notify the defendant, such a big thing, the need for alarm. The defendant did not sleep at this time, he's in playing computer, and told the two, now cold and night, the police have no one to you first Shuiba, I go tomorrow morning. The next day 2100, the defendant did not, at the urging of the two, the defendant and to Shanshan, no mention of the report, only that they have a responsibility.
What happened next, we may not be able to be expected. However, I can tips, a imagine:
Two police, Interpol to the scene, investigation, the transcript of the men in mind, the case can not be a Zhile……
The defendant "leaked information", said the two stolen dogs, and you should not even think about the five dogs took away the……
They "Shanghuo", the women go more slowly, the sick man……
safeguard their rights are, the person in the home, I found a……
The defendant has further intensified, the telephone lines to the drawing in December, the Lengtian, cottage from the coal……
The defendant "make moves", an additional "security personnel" at all times to protect the two five dogs, Bu Xudong a……
The defendant "start" and lead the two wounded women, hold the men, snatched the award of two dogs……
They do not boil it, "Jingshen to households"……
These facts, then you can think of few » Faced with the defendant's excessive behavior, men and women intimidated by the fast, I, as an agent, have reason and judgement, not an eye for an eye, an eye for an eye. It should be timely and comprehensive collection of evidence, in preparation for the court to safeguard the legitimate rights and interests. Although the lost dog, Interpol has on file, in the absence of the former case, the accused shall not be "stealing" against the plaintiff's reputation. As to whether the plaintiff should bear the responsibility, both sides have an agreement, the plaintiff only for keeping obligations, no agreement other obligations, lost dog incident is beyond the control of the plaintiff will of the accident. The plaintiff's right to health is protected by law, does not allow the defendant willfully violated, injuring the plaintiff against the accused, we have the police, the police formed a transcript. Although this is a small case, but both major small case, the facts and the evidence is very crucial, how to present evidence of objective facts, and eventually realize the real proof of legal requirements, the judgement will play a crucial role.
I think when you see here, will feel that this is indeed a case of the small. However, in this small case, the concentration of social phenomena are as follows:
First, the starting point of social relations is the relationship between the individual and personal, this is the simplest and most basic relationship. Mutual trust, mutual respect and frank relations can not only deepen the friendship between people, but also maintain good social relations. Just imagine, if the defendant can keep its promise, they will continue to cooperate in good faith to pay the plaintiff will benefit both sides, happy. However, the defendant has lost credibility, both sides agreed not fulfil the obligation, so that the plaintiff had to leave. However, the missing-dog has become an outstanding cases. In cases not detected before, the defendant should believe that the quality of the plaintiffs, the plaintiffs have no right to open suspected. However, the defendant's actions not only hurt the feelings of the plaintiff, also a violation of the plaintiff's health, damaged the original social relations. Ultimately, all accused of illegal occupation of the plaintiff's property restoration.
Second, the social organization of the mediation capacity is very limited. In the seat of dog »Daxing District Albatron Dianzhen East Zhaocun, local villagers set up a security zone the organization. The establishment of the organization's purpose is to uphold the area a good social order, security safe side. The work of the organization is day-to-day inspection area of law and order situation, governance insecurity hidden dangers, the settlement of disputes and contradictions. At that time, the accused unscrupulous, to force the plaintiff to leave the dog market, forced the plaintiffs live in the cottage in the furnace dismantled and moved to the deadline there is no heating facilities in the warehouse living. The plaintiff sad and helpless, because dogs can not be taken away, they refused to leave, insisting on daily care of their dogs. Thus, the plaintiff organizations come forward defense request for security coordination. But the organization to the plaintiff simple understanding of the situation, and does not do any work, saying only that powerless. Social stability, harmony and the need to self-government organizations. Disputes in the area, the area since the establishment of the organization, they should do their duty, otherwise useless.
Third, the government's functional departments to prevent the lack of positive role. Here is referring to the local public security organs in the police station. The police station should not only maintain a good social security situation at the same time, should also be actively preventing destruction of public order incidents. Give full play to prevention, and afterwards the role of governance. When the accused person to lead the dogæ¢dog, the plaintiff made a report immediately to the police station, police station two civilian police officers arrived at the scene, the attitude of some disdain, look at the four, casually ask, does not produce transcripts, hurry "to House." Subsequently, the defendant, the more furious, injuring the plaintiff, took away incentives to the plaintiff's two dogs. Envisaged, if the police arrived at the scene, to learn more about the situation, found sharp contradictions, patience coordinate the solution to eliminate hidden dangers discord, could have been avoided later happened. People's Government for the people, fulfill their duties, everyone will be praised.
Fourth, the lack of judicial accountability of the staff. Professional intuition told me that contractors do not want to judge this case, because five dogs lawsuit, attention was not easy. The subject of small, low charges, a judge from the heart conflict with the plaintiff, thus leading to the case of irresponsibility. During the proceedings, there are two dogs in accordance with the projected production period will be the production, under the law, this natural fruits should be vested in the plaintiff. Because the defendant in control of the dog, in order to identify production of a few puppies, the plaintiff to provide the Court with a dog's life locations, with proof of the dog, obviously pregnant belly of the photo, there are pre-production phase, for the court investigating and collecting evidence. But the judge did not investigate, leading to the plaintiff because of objective reasons is not possible to identify the facts can never be closed. Subsequently, the defendant said in court: two have produced a puppy dog, a dog also died after birth, only to the plaintiff that a puppy. Faced with this ridiculous argument, how can we laughed out. The defendant is obviously would like to occupation of puppies, but he has in the CSD. Because there is no evidence, "even if there are 1/10000000 the possibility of the court will be recognized." Initially the people's court to prosecute the plaintiff, is that "in accordance with the law, Zhifabiyan." However, it is the law enforcers so that the plaintiff disappointed.
I am a small lawyer, I have the contractor is a small case, even if I am in favour of the plaintiff agent, I maintain it is only a relatively small interest. But I can not be to the interests of small and big interests, without taking into account the interests of the rights of small people how important it is. I should be made to the lawyer's duties, to make a responsibility to the community. Work on the records of the diary, I have visited five times in the Daxing District Albatron Dianzhen East Zhaocun the dog farm, where for me to know from the Health and Mo, this process can only be to practice and experience.
Indeed, the Bar contractors a greater impact on the case, it is not only controversial subject, some cases related to the interests of the majority of people, they need to fulfill their duties and make more efforts.
In fact, each of us to bear a social responsibility. We have to close every person with integrity, good relations and make every effort to help those who have difficulties. In this way, between people establish a sincere friendship, society will become a happy family harmony!
Whenever the end of a small case, I will be full of vision: Small lawyer one day will gradually become a lawyer, because the clock in reincarnation. But I also cases to the small contractors, to do That social responsibility.
Recently, I have a small contractor case. I Acting plaintiff side, this time to five dogs.
Clients is a couple of men named Wen-qing, a woman called Li-Xin. April 2004 have come to Beijing to work. The defendant's dog when Siyang Yuan. Two from the northeastern province of Heilongjiang small cities, and Anyu love to do the job. In the last two records we can see: the morning of June 7, found that "as a" heat; July 12, the third time to "Louis" insect-eating trend; August 19, the puppy " The third son "has reached a weight of 700 grams. One year later, the dog farm in rapid growth. Both were born in the 1950s, a woman of frail and sick, the disabled, Ban Fenzhong can move 10 meters long. This work is very hard, they think of a dog will be more and more in the near future, they will be heavy work can not afford. Thus, with many years down the saved 10,000 yuan, the defendant bought three puppies, because people in the dog, puppy dog also on behalf of support, and every dog to the defendant to pay a monthly 100 yuan feed costs. May 2005, they say the idea of the bottom of my heart, do not want to tell the defendant did. The defendant remain strongly-wan, an increase of two to 100 yuan wages, and signed an agreement, agreed a detailed incentives, as long as the health of the puppy dog, puppy-long fast to the two additional material reward, material Means puppy. They left, after five months, long Yicha National Cheng Kung University puppy dog. The defendant's reluctance to the two two puppies, and raising fees on receipt Mrs. hundred dollars a month is the start. After the award, the defendant is no longer active, they have not re-excited. They have more than a month of the contract period expires, they saw the defendant has not observe a promise, in advance of the resignation shows that the attitude of the accused prepared to find others. But the two accidents happened, at 2:00 on December 7, 2005, the value of 30,000 yuan a dog was missing. Dark cold night, men with a flashlight anxious to find the 10 minutes. Baffling » Walls and steel doors » The most valuable dogs » Two hearts a pile of question marks. Immediately notify the defendant, such a big thing, the need for alarm. The defendant did not sleep at this time, he's in playing computer, and told the two, now cold and night, the police have no one to you first Shuiba, I go tomorrow morning. The next day 2100, the defendant did not, at the urging of the two, the defendant and to Shanshan, no mention of the report, only that they have a responsibility.
What happened next, we may not be able to be expected. However, I can tips, a imagine:
Two police, Interpol to the scene, investigation, the transcript of the men in mind, the case can not be a Zhile……
The defendant "leaked information", said the two stolen dogs, and you should not even think about the five dogs took away the……
They "Shanghuo", the women go more slowly, the sick man……
safeguard their rights are, the person in the home, I found a……
The defendant has further intensified, the telephone lines to the drawing in December, the Lengtian, cottage from the coal……
The defendant "make moves", an additional "security personnel" at all times to protect the two five dogs, Bu Xudong a……
The defendant "start" and lead the two wounded women, hold the men, snatched the award of two dogs……
They do not boil it, "Jingshen to households"……
These facts, then you can think of few » Faced with the defendant's excessive behavior, men and women intimidated by the fast, I, as an agent, have reason and judgement, not an eye for an eye, an eye for an eye. It should be timely and comprehensive collection of evidence, in preparation for the court to safeguard the legitimate rights and interests. Although the lost dog, Interpol has on file, in the absence of the former case, the accused shall not be "stealing" against the plaintiff's reputation. As to whether the plaintiff should bear the responsibility, both sides have an agreement, the plaintiff only for keeping obligations, no agreement other obligations, lost dog incident is beyond the control of the plaintiff will of the accident. The plaintiff's right to health is protected by law, does not allow the defendant willfully violated, injuring the plaintiff against the accused, we have the police, the police formed a transcript. Although this is a small case, but both major small case, the facts and the evidence is very crucial, how to present evidence of objective facts, and eventually realize the real proof of legal requirements, the judgement will play a crucial role.
I think when you see here, will feel that this is indeed a case of the small. However, in this small case, the concentration of social phenomena are as follows:
First, the starting point of social relations is the relationship between the individual and personal, this is the simplest and most basic relationship. Mutual trust, mutual respect and frank relations can not only deepen the friendship between people, but also maintain good social relations. Just imagine, if the defendant can keep its promise, they will continue to cooperate in good faith to pay the plaintiff will benefit both sides, happy. However, the defendant has lost credibility, both sides agreed not fulfil the obligation, so that the plaintiff had to leave. However, the missing-dog has become an outstanding cases. In cases not detected before, the defendant should believe that the quality of the plaintiffs, the plaintiffs have no right to open suspected. However, the defendant's actions not only hurt the feelings of the plaintiff, also a violation of the plaintiff's health, damaged the original social relations. Ultimately, all accused of illegal occupation of the plaintiff's property restoration.
Second, the social organization of the mediation capacity is very limited. In the seat of dog »Daxing District Albatron Dianzhen East Zhaocun, local villagers set up a security zone the organization. The establishment of the organization's purpose is to uphold the area a good social order, security safe side. The work of the organization is day-to-day inspection area of law and order situation, governance insecurity hidden dangers, the settlement of disputes and contradictions. At that time, the accused unscrupulous, to force the plaintiff to leave the dog market, forced the plaintiffs live in the cottage in the furnace dismantled and moved to the deadline there is no heating facilities in the warehouse living. The plaintiff sad and helpless, because dogs can not be taken away, they refused to leave, insisting on daily care of their dogs. Thus, the plaintiff organizations come forward defense request for security coordination. But the organization to the plaintiff simple understanding of the situation, and does not do any work, saying only that powerless. Social stability, harmony and the need to self-government organizations. Disputes in the area, the area since the establishment of the organization, they should do their duty, otherwise useless.
Third, the government's functional departments to prevent the lack of positive role. Here is referring to the local public security organs in the police station. The police station should not only maintain a good social security situation at the same time, should also be actively preventing destruction of public order incidents. Give full play to prevention, and afterwards the role of governance. When the accused person to lead the dogæ¢dog, the plaintiff made a report immediately to the police station, police station two civilian police officers arrived at the scene, the attitude of some disdain, look at the four, casually ask, does not produce transcripts, hurry "to House." Subsequently, the defendant, the more furious, injuring the plaintiff, took away incentives to the plaintiff's two dogs. Envisaged, if the police arrived at the scene, to learn more about the situation, found sharp contradictions, patience coordinate the solution to eliminate hidden dangers discord, could have been avoided later happened. People's Government for the people, fulfill their duties, everyone will be praised.
Fourth, the lack of judicial accountability of the staff. Professional intuition told me that contractors do not want to judge this case, because five dogs lawsuit, attention was not easy. The subject of small, low charges, a judge from the heart conflict with the plaintiff, thus leading to the case of irresponsibility. During the proceedings, there are two dogs in accordance with the projected production period will be the production, under the law, this natural fruits should be vested in the plaintiff. Because the defendant in control of the dog, in order to identify production of a few puppies, the plaintiff to provide the Court with a dog's life locations, with proof of the dog, obviously pregnant belly of the photo, there are pre-production phase, for the court investigating and collecting evidence. But the judge did not investigate, leading to the plaintiff because of objective reasons is not possible to identify the facts can never be closed. Subsequently, the defendant said in court: two have produced a puppy dog, a dog also died after birth, only to the plaintiff that a puppy. Faced with this ridiculous argument, how can we laughed out. The defendant is obviously would like to occupation of puppies, but he has in the CSD. Because there is no evidence, "even if there are 1/10000000 the possibility of the court will be recognized." Initially the people's court to prosecute the plaintiff, is that "in accordance with the law, Zhifabiyan." However, it is the law enforcers so that the plaintiff disappointed.
I am a small lawyer, I have the contractor is a small case, even if I am in favour of the plaintiff agent, I maintain it is only a relatively small interest. But I can not be to the interests of small and big interests, without taking into account the interests of the rights of small people how important it is. I should be made to the lawyer's duties, to make a responsibility to the community. Work on the records of the diary, I have visited five times in the Daxing District Albatron Dianzhen East Zhaocun the dog farm, where for me to know from the Health and Mo, this process can only be to practice and experience.
Indeed, the Bar contractors a greater impact on the case, it is not only controversial subject, some cases related to the interests of the majority of people, they need to fulfill their duties and make more efforts.
In fact, each of us to bear a social responsibility. We have to close every person with integrity, good relations and make every effort to help those who have difficulties. In this way, between people establish a sincere friendship, society will become a happy family harmony!
Whenever the end of a small case, I will be full of vision: Small lawyer one day will gradually become a lawyer, because the clock in reincarnation. But I also cases to the small contractors, to do That social responsibility.
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