Recently, know get on a when circulate about " what to have you thought to inform against trashy, but actually useful thing " the heat that a money order receipt to be signed and returned to sender of this problem caused a netizen is discussed. Because the full course that silk of a hair tells cafeteria the court and final thought authority succeeds took in beef face,net post told about party, be evaluated to be by many people " most the dimension authority note that makes a person comfortable " . A few days ago, participate in the Zhejiang that hears this case when judge of water of court of district of dawn of sea of peaceful wave city is accepting Beijing youth to sign up for a reporter to interview exclusive and reductive case beginning and end, raise action " how correct thought fors the time being " .
Consumer eats to send silk odd
Sue cafeteria claim for compensation 1000 yuan
On July 2, xiaohai (alias) in Ning Bo some noodle shop takes a side when, discovery has to compare the hair with even long noodle in the bowl, seek clerk inquiry. Of unexpected is, clerk manner very aggressive, did not apologize not only, say instead: "Hair having a root is very normal! Do I change a bowl to you? " offer in what Xiaohai rejects to change a bowl hind, the clerk expresses: "You love how with respect to how. " the small Hai Sui that has not enraged dialed hot line of consumer dimension power to apply for to mediate, requirement " retreat one compensate 3 " , but be rejected by cafeteria, final Xiaohai settles this matter successfully through legal approach.
When boreal blueness signs up for a reporter to contact Xiaohai, he had returned to normal life rhythm, "Want to go to work to work overtime even everyday, very busy " . But the dimension authority before a month experiences refer, he feels oneself " truer " very be necessary.
Xiaohai introduces in net post, oneself headed for court of people of division of dawn of peaceful wave sea to present an indictment on July 6, in area of forensic self-help put on record patient assistance of the staff member falls, took course of put on record smoothly. 11 days of both sides hurry to a court to mediate a center to undertake be intercessoried again, cite of the Xiaohai in mediating a process " law of safety of food of People's Republic of China " the 148th, requirement inn-keeper " retreat one compensate 1000 " , but put forward with inn-keeper " retreat one compensate 10 " difference is bigger, mediation ends with failing again.
On July 18, court of people of division of dawn of sea of peaceful wave city with respect to this matter put on record, xiaohai just holds to his lawsuit to request as accuser, cafeteria of requirement the accused " retreat one compensate 1000 " .
Mediate before the last front courtyard
Cafeteria release what is held agrees to compensate for
According to original plan, this case will undertake sessional cognizance on August 15. But still do not have when sessional, law case greeted a favourable turn.
The judge bright pink that is in charge of hearing this case east tell north blueness signs up for a reporter, because both sides is in before the last front courtyard in mediation,reached unanimous opinion, inn-keeper agreed with small lake place to put forward " retreat one compensate 1000 " requirement, so this case did not enter segment of front courtyard careful.
Inn-keeper held to so long, to why agreed with Xiaohai's requirement suddenly before open a court session? Water judge explanation says: "Manner of both sides of the mediation before the front courtyard after put on record is gentler, although two mediation before do not have a success, but this the mediation before front courtyard is last col, mediate failure to be about to be adjudged into the court again. The accused also may feel to be not moved this again be about to go up the court has a court decision, report should be published lawfully, can check on the net, bad also to the prestige influence of their inn, after all they are a chain store, be the brand that pays attention to oneself quite. Be the brand that pays attention to oneself quite..
Water judge expresses, the mediation before front courtyard can succeed finally to still basically rely on him both sides to communicate, forensic mediation also is the apiration according to party him both sides undertakes, "Also the demand must go we are mediated by law. Accuser just was placed directly at that time " food safety law " specific clause serves as a basis, intercessory process is very successful. Intercessory process is very successful..
Chase after duty the right that is consumer
Dimension authority case shows ascendant trend
The judge that occupy water introduces, the case that although resemble this proposal,tells a court because of silk of a hair in that way is not much, but proposal of similar consumer dimension authority is very common however, "The dimension authority consciousness of consumer increased ceaselessly now, consciousness of younger person dimension authority is stronger, case of this kind consumer dimension authority is in our court also is to show ascendant trend, of ceaseless grow in quantity. Of ceaseless grow in quantity..
And the special place of this case depends on experience record amount lesser, major person is in encounter such after the event to be able to choose end up with nothing definite. To this, water judge thinks, the choice is chased after duty the right that is consumer, "The likelihood has some of person to look he too truer, but this kind is regulation of be good law really relatively, it is the right of consumer individual. It is good still to can have so active dimension authority consciousness, can maintain oneself interest on one hand, also can supervise an enterprise to add up to compasses ground to manage legally more on the other hand. This itself is the thing of a mutual benefit, can make environment of market modes of life and relation to their environment better and better. If everybody encounters this kind of thing not to react somewhat, the businessman that errs then is met only more and more savage. The businessman that errs then is met only more and more savage..
Water judge says, silk of a hair causes a lawsuit finally to be put in certain motor-driven factor actually, "Similar case is very common in the life, if the clerk mood of restaurant is a bit better at that time, an apology, give the word that changes a face afresh again, bilateral likelihood also won't take lawsuit this one pace. Bilateral likelihood also won't take lawsuit this one pace..
Civil / Kong Linghan of our newspaper reporter
Judge
Accuser withholds " small bill and hair photograph " effect is big
Mention should take legal course, unavoidable meeting worries about some people, walk along legal approach to expend many monetary cost not only, also can have very high time cost. Water judge introduces, walk along proceeding dispute to often go to the lavatory now, "Ning Bo created mobile small courthouse now, already can spot put on record, OK also the put on record on the net, still can mail put on record, need to make up in the mobile phone only foreword of Xiaocheng of a small letter, can take full litigant course. That is to say the court is in Ning Bo, but party is in Beijing, it is OK also that he does not need to participate in front courtyard careful to the spot direct open a court session, saying so is particularly convenient. Saying so is particularly convenient..
As to the problem of legal cost, water judge expresses, cases of a lot of consumer dimension authority are very simple and easy now clear, can check relevant law clause to regard lawsuit as the basis on the net directly, "For instance this case, both sides did not invite a lawyer to undertake plead, and legal cost is not high also, have 25 yuan only. Have 25 yuan only..
Water judge suggests, consumer is in when for oneself thought fors the time being, "The first it is the legal consciousness that should enhance oneself, want to learn to protect oneself rights and interests with legal weapon. Place legal clause before the other side in vain obviously when you, then he also cans say nothing; The 2nd encounter a problem namely must seasonable keep evidence, evidence is very significant, we say ' the soul that evidence is lawsuit ' , the processing with final case or the evidence that should give out according to double hair party will adjudicate. Resemble the word of this case, accuser stayed to buy the picture that there is a hair in the small bill of beef face and face conciously at that time, had very big effect to final mediation. The 3rd it is the right consciousness that should enhance oneself, always cannot eat ' be unable to speak out about one's grievances ' , we not stir up trouble also not be afraid of getting into trouble, also not be afraid of a trouble. Now is Internet times, everything is very convenience, include suit of front courtyard careful, also can undertake on the net. Also can undertake on the net..
