Data chart
Run quickly woman's bicycle advocate debt be pointinged to does not return lawyer: The company is carried duty individual of and rather than
Xi'an runs quickly woman's bicycle advocate incident of authority of complain tearfully dimension reconciles as both sides drew full stop, but " in one day becomes famous " car advocate Xue is such-and-such became because of another economy dispute however by accuse square.
On April 20, claim to default Xue Mou by some many meal owner of debt and supplier relate dispute the whole story personally now, plan to develop cloth to be able to publish the evidence such as agreement of contract, reimbursement for a time, did not become because of reason after.
Lawyer analysis says, in this incident principal the principal part that assumes responsibility is the company with such-and-such and relevant Xue, and rather than its individual; Unless be put in the evidence of the case such as company worth and personal property confuse sth with sth else, investigate the legal duty of Xue such-and-such individual harder otherwise.
Shopping park announce weighs Shanghai Aegean, "Contest collect defends actor " because of experience lawsuit, capital position is unidentified.
Culture of collect of contest of Shanghai of firm of trouble of experience of Xue such-and-such department expands limited company (" contest market firm " ) inspect thing, its friend Xu Mou controls a person actually for this company.
On April 20, xu Mou expresses to the reporter, "Did not owe namely almost " , "(5.75 million yuan of debt) nonsense, neither one is true " , want apart individual and company above all, "Tall perhaps canal has an inspect thing what responsibility obligation should assume company responsibility. The individual concerns without what with the company. The individual concerns without what with the company..
Xue Mou expresses some, the station of person real name that doubt of post of the hair on the net narrates before asking comes out, do not acclaim again, thought of this dimension authority fors the time being, should sue sue.
20 days afternoon, the business of news briefing spot door the person such as chief and supplier, the news briefing is cancelled because of reason.
On April 20, the experience thing with many accuse such-and-such Xue business door offerred the couplet that signs with contest market firm to sell agreement of management contract, reimbursement, loan to the reporter the material such as preliminary count list.
The autograph makes an appointment with the Huaihe River of one of business door, Shanghai full spring meal management center (abbreviation " the Huaihe River is full spring meal company " ) chief Wang Tao (alias) tell a reporter, he hands in 295 thousand yuan to contest market firm, inn autograph made an appointment with its meal to be stationed in " contest collect defends actor " .
But practice only 2 many months, "Contest collect defends actor " operation management Fang Xue is such-and-such wait for a person " disappear " . Because contest market firm defaults the charge of company of system receiving silver, relevant system is suspended, meal inn of Wang Tao is affected, cannot do business.
Wang Tao thinks from contest market firm the respect wants to return partial money now.
"Do meal, the key is capital have enough to meet need. " Wang Tao says, he waits not to rise, discover so " thought of Xi'an complain tearfully fors the time being run quickly woman's bicycle advocate " it is thing of inspect of contest market firm after Xue is such-and-such, he and other trader door chief begins to lie between empty propaganda to the enemy at the front line on the net, chase after debt. He says this is to force have to means.
According to the chief introduction of many businessmen, aegean shopping park is the commercial shopping center that triumphant dragon of red star beauty makes, synthesis, its 5 4 layer, areas that make an appointment with 2000 square metre in all are given contest market company by relet. Latter was decorated here 2018, action business, search a businessman to enter halt, make a name be " contest collect defends actor " meal project. The couplet that makes an appointment with a businessman according to contest market firm and autograph is sold manage wait for a contract, all entering accept silver-colored system that those who be stationed in a businessman to must use contest market firm to appoint, its do business of the paragraph 25% deduct by contest market firm, as hire; In addition, deduct the expense such as administration fee of equipment of kitchen utensils and appliances of clean cost, shop even, ability settle accounts gives the business money of the others the businessman. But this project practice after two many months, only part businessman gets the business money of settle accounts.
Carry on " contest collect defends actor " the legal person of the supplier that 5 buildings decorate construction tells a reporter on behalf of Mr Wang, the project money that 5 buildings decorate is total more than 480 thousand yuan, contest market firm already returned one share, still need money of 210 thousand yuan of end at present.
Mr Wang says, understand according to him, be defaulted at present the supplier of debt has 10, it is 5 buildings construction respectively construction of square, 4 buildings square, outside supplier of supplier of canal of wind of supplier of supplier of act wall glass, dynamoelectric induction door, smoke evacuation, steel structure supplier, furniture supplier, advertisement supplier, lamps and lanterns, air conditioning supplier.
Wang Tao revealed a lid to have the stuff such as the reimbursement agreement of official seal to the reporter, its say, 20 business door that contact at present only, supplier already was exceeded 5.75 million yuan by amount of debt of contest market company. This still does not include Shanghai meal group the debt that character of a few heads is defaulted, latter appears personally because of inconvenience of of short duration, debt not by statistic inside.
On April 20 morning, reporter before narrate dispute for many times to call Xue Mou some and Xu Mou, the phone did not grant to put through all the time. The relevant short message that the reporter sends also did not get a response.
To afore-mentioned dispute, shanghai billows wells balanced Deng Gaojing of attorney office solicitor thinks, in this incident business door, supplier is the contract that signs with contest market firm, accordingly, the appearance opposite party of the contract is contest market firm, the legal representative of company of and rather than, partner or inspect thing.
Deng Gaojing expresses, if this company did not fulfil contract obligation according to contract agreement, business door or the supplier can hold the right to this company; As to thing of the partner of contest market firm, legal representative, inspect, unless evidence proves the case of the belongings of the company and the belongings existence confuse sth with sth else of afore-mentioned personnel, or the partner existence of the company is contributive and disloyal perhaps smoke escape contributive wait for case, the legal responsibility that personnel narrates before wanting to find out otherwise is more difficult.
Li Ya of attorney office partner's lawyer is heard to also express to the reporter in Beijing, the principal part that responsibility assumes above all in this incident ought to be contest market firm, what this company assumes external is infinite responsibility. To the legal representative of the company, partner or thing of high-level administrator inspect, need investigation is clear about them to there is the finite responsibility that does not have position of abusive corporative independence or partner in process of whole company operation, have perhaps smoke without baleful move belongings escape the circumstance such as company capital. If afore-mentioned circumstances happen, so they also need to assume joint liability.
Individual information gallops all over the sky gallop chauffeuse lawyer: Or lawsuit of the person that expect to exploding individually
Reporter before dawn was in know from acting lawyer on April 21, go up with respect to the network all sorts of " " of bilk of experience high specified number divulge individual information, violate him reputation right " explode makings behavior " " behavior of reveal the inside story " , xi'an runs quickly decision of female dimension authority Ms. Xue safeguards him rights and interests with legal weapon: On April 20, she entrusts two lawyers formally already to handle issue of its reputation authority one case.
Zhou Zhaocheng's lawyer tells one legal division office of one of acting lawyers of Ms. Xue, Beijing the reporter, on April 20, ms. Xue entrusts he and Tianjin travel formally to connect Wang Haijun of attorney office solicitor to act as agent its reputation tort one case.
In aid authority a power of attorney, the reporter sees: Client entrusts the above-listed depositary now, in client Xue dimension authority divulges some and supplier of some Shanghai contest collect individual information and reputation authority issue in one case, as the agent of client.
Acting attributive is as follows: Communicate a negotiation for you, investigate for you gather evidence, mention for you arbitral, sue, appear in court, offer acting opinion, express opinion of front courtyard careful, make intercessory reaching negotiation to mediate a clause and be signed mediate a book for you, undertake reconciliatory, admit, change, abandon bring a case to court appealing to or arbitral request, for you copy clerk of law of sign after receiving sth, apply for the announcement legal general affairs related to this case for you, mention appeal, sign on relevant writ with client name for you. Accredit time comes from signature day this case is terminative stop.
With respect to a few problems that the reader pays close attention to, the reporter interviewed Zhou Zhaocheng's lawyer.
Reporter: Do you understand the place that violates reputation right to basically be in at present?
Zhou Zhaocheng: On April 20, 2019, I am accepted formally " Xi'an runs quickly woman's bicycle advocate dimension authority party " of Ms. Xue entrust become its " individual privacy is divulged " and " reputation authority issue " acting lawyer. This also is indicating pass Ms. Xue to current network " bilk of experience high specified number " etc " disloyal opinion on public affairs " ferment continuously form " monstrous public opinion " , my client stands up bravely again, and " before Xiang Ben gallop dimension advantageous position is same " , the weapon that takes law safeguards his to close right increase.
Reporter: As the lawyer, how will you uphold client reputation right? Have materiality progress at present?
Zhou Zhaocheng: We notice on current Internet Ms. Xue " individual identity information " suffer " divulge wantonly " " Id flies all over the sky " , "Individual privacy is wanton be trampled " , without giving thought to " explode the person that expect " an account in one's own words its behavior how " proper " , but we or ambitious attune should lawfully thought fors the time being, this is the demand with the mainest to a citizen society of a law. Ms. Xue serves as a citizen, sacrosanctity of its privacy right, reputation authority! Will organize lawyer group to go up to Internet next as acting lawyer relevant " tort evidence " undertake conserving, in the meantime, the delegate client supervises and urge its are in a company, as soon as possible with " civil dispute one party " have equality dialog and communicate, the hope settles bilateral difference and dispute lawfully. But, to individual ill will " explode the person that expect " , " reveal the inside story person " we do not eliminate a delegate to client reports a case to the security authorities to public security mechanism or mention to people court tort lawsuit.
Reporter: You how look upon disturbance of recrudesce of incident of this dimension authority?
Zhou Zhaocheng: Recently, appear on the net a few be aimed at Ms. Xue individual " disloyal gossip " , information of the individual privacy of Ms. Xue, Id is divulged on Internet, ms. Xue from " Xi'an runs quickly woman's bicycle advocate thought fors the time being " later, again be involved in " the eddy of public opinion " . Regard the representative of Ms. Xue as the lawyer, remind here individual " explode the person that expect " and " reveal the inside story person " , we cherish abasement heart " esteem is all lawfully the person that thought fors the time being " . If you and my client have any issue, take legal weapon please, lawfully thought fors the time being. But, we object any confuse right and wrong stoutly " defile and calumniatory " , " wanton assault and battery " , " divulge individual identity information " wait for illegal behavior. In the meantime, our notice sternly " explode the person that expect " and " reveal the inside story person " , do not with " thought fors the time being " for cover, use client " Xi'an runs quickly woman's bicycle advocate thought fors the time being " heat, "Baleful hype " " on Internet bespatter divulges individual privacy " , undertake " assault and battery " , barefaced " information of Id of dispersed client individual " . Will originally everyday civil dispute, be born forcedly to say unripely is " crime " . Do not promiscuous seeing and hearing, deceive the media of unidentified truth and public, borrow this to achieve defame client honorary purpose. Encroach such behavior is pair of client reputation authority, privacy right not only avowedly, also be to be disobeyed badly " public security management sanctions a method " illegal behavior, even the likelihood with serious clue made crime.
Reporter: This to Ms. Xue thought fors the time being, what is your anticipation?
Zhou Zhaocheng: As " Xi'an runs quickly woman's bicycle advocate dimension authority party " acting lawyer, I had noticed, circulating on current network my party " be suspected of bilk and coil many yuan 700 the fund escapes " a variety of exploding makings, this lawyer is passed with me client is checked, and the relevant evidence that to me client provides undertakes constituent lawyer group be combed in the round, the company that this is my client place originally and a few business door, the everyday civil dispute between the supplier. This is in today (on April 20) had been confirmed by Shanghai Xu Hui police, this case belongs to Ms. Xue to because manage not good at payment in arrears,be in a company, belong to civil dispute to be not crime. However by so called " explode the person that expect " and " reveal the inside story person " wanton defile is " swindler " , " roll the fund escapes " . Such opinion on public affairs nots agree with completely with the fact, had caused huge harm to the body and mind of my client, to me client reputation authority is caused great encroach! The person that offer a piece of advice to break the law individually so instantly wake up to and avoid danger at the last moment, do not pay no attention to, internet is not the ground outside the law absolutely. Otherwise, we will take legal weapon, in order to safeguard the legitimate rights and interests of client, the person that let break the law pays price for tort behavior, return client with justice!
(wait according to newspaper of end of end of client of Xinhua News Agency, People's Daily client, China business, insurgent news)
