Feng Jianxiong not only refused to agree to the settlement, but also insisted on breach of contract. In addition, he asked his partner Yu Meiqin to re-state the reasons for counterclaim in their defense case.

Obviously, with counterclaims, things have developed to the point where Apple can't even let go of it.

Yu Meiqin is used to summarizing the lyrics. She has learned the contents in advance. It is easy to be competent for helping Feng Jianxiong share some of the responsibilities.

"Please pay attention to the respected presiding judge - it is precisely because Apple has used so-called legal means to interfere with the exercise of the right of citizens to use/dispose of private property by our citizens. Counterclaim in court, demanding that Apple bear the tort liability for hinderment and immediately stop the infringement.

Allow our parties to dispose of their mobile phones in any possible way, including but not limited to the open use of their iPhone-3gs, to publish content displayed from the iPhone-3gs platform in the publicly identifiable cyberspace. If Apple feels that we are breached, we can ban the machine, and can cancel the warranty service on the grounds of breach of contract, and can prohibit it from using some network value-added services, but it has no right to ask our parties to stop using it."

"This is a very serious issue. I believe some people have also seen a lot of videos on youtube, some of which show off their wealth and attract online attention and traffic, mainly American users, will use automatic guns to strafuse the iPhone they bought, and some people will use hydraulic presses to press the iPhone into pieces to win the audience's smile.

Legally speaking, Miss Ma Hesha destroyed the mobile phone system she purchased, and smashed the mobile phone with guns and flattened it with hydraulic presses. That is, the punishment for her own absolute control of her property.

Perhaps, Apple has always believed that this kind of punishment also leads to the reduction of expected benefits that can be lost and lost in the part attached to the mobile phone. For example, Apple would think:

‘I actually lost money when selling a mobile phone for 5,000 yuan, and I should sell it for 6,000 yuan. The reason I only sold for 5,000 yuan is because this mobile phone is equipped with an iOS system with closed app sources, so we can expect that each iPhone will also bring 1,000 yuan in profits in its life cycle. Therefore, we reduced the price by 1,000 yuan when selling hardware’.

However, this kind of understanding and reason cannot fight against the absolute right of property rights. He can learn from Sony's punishment for cracking machines, ban the network combat function, stop the warranty, and use any legal breach of contract clauses that violate the user agreement. However, the only way for users to dispose of their sacred disposal rights of their own property cannot be restricted!"

When Yu Meiqin finished her statement, the venue was quiet.

Everyone has a shock, but no one knows how to perform well.

They only know that today's things are getting bigger and they seem to be witnessing a piece of history.

Private property is sacred and inviolable, free contracts, and everyone is equal before the law.

These are the three fundamental pillars that have been superior to the feudal era for three hundred years, and are the universal foundation of the Western world.

In other words, if a case in the United States was finally cited and analyzed, it was considered to shake these three principles, which was to break the root of the modern capitalist rule of law.

Of course, China also has the Property Law, but our description does not use the word "private property is sacred and inviolable". But the meaning is similar.

It is the first time that so many fundamental principles have been mentioned in judicial practice. This is no longer the judge of an intermediate court has the ability to make decisions in court.

Things have already made too big a deal.

...

"Mr. Feng, please pay attention to one thing - please do not talk to any media about the legal interpretation of the case being tried. If you cannot keep your mouth shut, we will deal with you legally and legitimately with the reason of "interference in judicial independence."

Finally, when leaving the court and waiting for another trial or verdict to be announced, Feng Jianxiong waited for a warning without surprise, which was conveyed by a bailiff leading the team.

Of course, this kind of warning is legal. Because most people do not understand the basis of legal principles, it is easy to form public opinion violence. Therefore, media reports and analyses the specific content of the case being tried is a practice that almost all civilized countries in the world are in charge of the same.

"Of course, I didn't expect the mob to support me. Besides, I believe that Apple fans in the mob will be more than 50 cents." Feng Jianxiong agreed very simply.

(Note: The Apple powder here refers specifically to apple powder, which has nothing to do with politics. It is not opposite to 50 cents, just a coincidence)

"Brother Xiong, do you think we hope it's big? I think what you said is right, but the bad judge didn't seem to be planning to judge according to the law."

Ma Hesha grabbed Feng Jianxiong with one hand and swayed there repeatedly and asked. Because there were quite a lot of people in the venue, she didn't dare to act too intimate and trustworthy.

Before Feng Jianxiong could answer, Yu Meiqin next to him said pessimistically:

"I don't think it's hard to say that such cases can be solved by stating legal principles. Moreover, the legal provisions we quoted are too low to be practiced by judicial practice, and they are just principles that cannot be implemented."

"The judge must not be unreasonable, right?" Ma Hesha became anxious and asked Yu Meiqin instead. Because they were all girls, they were not so afraid. She hugged her and shook her, looking very anxious.

"It's not a question of unreasonableness! It's a question that cannot be applied directly! Sasha, the legal matter is not as simple as you think." Yu Meiqin wiped Ma and Sa's one hand away from her waist and said slightly irritatedly, "Let's go back first and tell you later."

Several people left the court and headed straight for the parking lot. Feng Jianxiong drove his Porsche and sent the two girls back to Mochou Lake's apartment first.

After getting into the car, Yu Meiqin patiently explained the difficulties to Ma Hesha:

"Sasha, it is very difficult to implement the legal principles. Let me give you an example. The Constitution says that citizens have the right to education and must not be deprived. This is a principle of general rigidity. But for decades, has anyone cited this principle really sued? In fact, many people have appealed and mentioned this principle, but they have not been sentenced.

Until the past two years, a plaintiff from Shandong Province repeatedly petitioned and filed a lawsuit when he was admitted after the college entrance examination many years ago. Finally, he made a fuss until the Supreme Court that, under the auspices of Vice President Huang, approved an explanation and admitted that this incident "infringed on her right to education."

However, Vice President Huang himself has a bad style. Now something happened again and has been criticized. The replies and explanations he made back then were also 'to the right people and things'... Alas, so now the official view is that the judicialization of our country's constitution has always been zero and is on the spot. Anyway, it is very difficult to implement the principle of programmatic and judicial practice."

The matter mentioned by Yu Meiqin was also sighed by countless aspiring people in the judicial circle in the future.

Some corrupt officials have an accident, so they should be sentenced. But the Chinese have always implicated cultural traditions... Sometimes they have to say that they are more. If you seek truth from facts, you should be right to the things and not the people. Bad people may have done good things and cannot deny all their judgments just because they are bad.

Ma Hesha was very depressed when he heard this, and his hair seemed to have become softer. The car had just arrived at the place, and she was still a little unwilling to accept it. As soon as she got off the car, she hugged Feng Jianxiong unscrupulously: "Brother Xiong, what do you think? I didn't dare to bother you when you drove just now."

Feng Jianxiong locked the car and pressed the elevator upstairs, while saying indifferently: "My opinion is similar to Mikoto. No matter how righteous the court speaks, it has a limited effect on winning the case. There is a high possibility of losing the first instance of this case.

After all, our external manifestations are inconsistent with social morality: we are not an image of deep suffering, but an image of "knowing that breach of contract but insisting on breach of contract". Therefore, if the court ruled that we lost, there were not many public members who could understand the joints inside. The court did not have to be afraid of public opinion, nor did we have to be afraid of moral risks. In this way, coupled with the huge power of Apple, it would be normal for us to lose."

If you want to influence the victory or defeat of the court trial, this is of course necessary. But all great people know how to take advantage of the situation and rely on the legal principles. At the same time, you cannot offend both the simple morals of the people and the rich and powerful giants at the same time.

What Feng Jianxiong did today was to offend both the giants and the simple morality.

In this way, the judge wanted to bypass several general rules that did not have any precedents of judicial practice, and to judge him to lose, the resistance and pressure would be very small.

After all, no one is talking to Feng Jianxiong?

At the same time, the trial also forbidden him from explaining the legal application of the case in public opinion. In this way, his way of explaining the principles behind it through Weibo's public intellectuals was also blocked.

Under the triple buff and debuff, the judge's tendency is predictable.

Several people returned to the house, took off their coats and sat down on the sofa.

"What should we do?" Ma Hesha poured tea for everyone and asked anxiously.

"Wait. If you lose the first instance, you can still appeal. We can just try to win it in the second instance." Feng Jianxiong Jizhu was holding it.

"Do we have an advantage in the second trial?" Ma Hesha still didn't understand and couldn't figure out why he was looking forward to the second trial.

"Relatively speaking, there are some advantages. This case is relatively suitable for turning the tables on the second instance." Yu Meiqin next to her analyzed while sorting out the files in her bag.

"First of all, in civil litigation, if the second instance believes that the facts in the first instance are unclear and the evidence is insufficient, then according to the Civil Procedure Law, it must be sent back for retrial. I believe you also know the legal principles of this system, which is to prevent one party from presenting new evidence in the second instance and conducting evidence sneak attacks.

However, correspondingly, if there is no new fact or new evidence in the second instance, and it is found that the first instance court has problems with the application of legal provisions and summary, then it can be directly changed without sending it back to retrial. In a nutshell, it is a case where "the facts are judged correctly, only the value judgment is wrong" will be directly changed in the second instance, and the judgment will be completely over.

In our case, there are actually no differences between the plaintiff and the defendant in determining your behavior and facts. These are the things. All differences are concentrated on "qualitative", that is, value judgment, application of laws and interpretation of laws and regulations. Therefore, as long as the second instance can turn the tables, it is directly decisive.

Secondly, because there are some very programmatic general provisions of the Property Law in this case, which have not been practiced by judicial practice before. If it is the second trial of the provincial high court, if it encounters such a problem, it has the right to directly write to the Supreme Court and request the Supreme Court to provide an explanation of the article. Therefore, as long as this case becomes a case directly sent by the Supreme Court to reply to the explanation, then all the possibilities for applying for retrial in the future will be completely blocked. Please win Apple after the Supreme Court, which is the ultimate kill."

"So, are you sure you can get the highest explanation? You always feel that such a small matter is very difficult. Besides, how can you grasp the direction of the highest explanation? This is simply uncontrollable. Brother Xiong has been banned from publicly expounding his own views, so you can't comment randomly."
Chapter completed!