Today, Wei Jun combed a refreshing ponytail for the first time, with bangs combed back and his forehead exposed. He looked very beautiful. However, when he spoke, he was used to not looking at other people's eyes, and his head was slightly lowered, giving people a feeling of being unconfident.

In contrast, Yunyin, a combined handmade gray suit, with a gel-painted hair, clean and neat, speaks with confidence and confidence. Yunyin has the advantage in this regard.

After the trial, Wei Jun explained the reason why he asked for compensation of 200,000 yuan. Wei Jun did not explain the legal principle of compensation. The legal principle of compensation is the basic legal principle. How much you lose, how much you compensate. Wei Jun first explained the reason why the puppy is worth 100,000 yuan.

Wei Jun said that puppies were bought for 30,000 yuan. Whether it is antique calligraphy and paintings, or human growth, the price changes with the passage of time. For humans, if a traffic accident or other persons die, the compensation price for adults is the highest, while the compensation price for elderly people, children is relatively low. According to the age of the dog, it is in the youth and strong period, so it makes sense to claim 100,000 yuan. In addition, according to the experts of the Dog Love Association, the current market price of purebred red Tibetan mastiff, that is, a dead puppies, is around 120,000 yuan, and the price of a newborn puppies is 120,000 yuan. The compensation of 100,000 yuan is a very reasonable price.

The puppy lived in the owner's house for eight years and had two children. The male and female owner had a very harmonious relationship and had become an indispensable member of the family. The family was very sad about the death of the puppy. In order to comfort the family, they offered a mental compensation of 100,000 yuan.

Is Wei Jun’s proposal reasonable? Yes, there is some truth, but it confuses the concept. Wei Jun treats dogs as objects and incorporates the human compensation standards. However, Wei Jun is blooming more points, and the most favorable evidence is the experts’ recognition of the value of puppies. When you buy a thing, it does not mean that the market price of it is 30,000 when you buy it.

It cost 30,000 yuan to buy antiques, but the seller didn’t know the goods. In fact, the market price of antiques was 3 million. Is it possible that someone smashed the antiques at this time, should they compensate at 30,000 yuan of the purchase price or at 3 million yuan of the market price? Of course, it is compensated at 3 million yuan. The market evaluation price given by the experts presented by Wei Jun is a very powerful killer move.

Cao Yun: "Wei Junwu and Ren proposed to protect the expert's price recognition."

Lu Yihang: "Mr. Wei has made plans to overturn the first two views."

Cao Yun: "Now we can see if Yun Yin's basic knowledge is solid or not."

Yun Yin began to fight back: First of all, dogs are property rights in legal principles and have nothing to do with human compensation. And the compensation standards for humans are different because young and middle-aged people can generate higher value and benefits than those of the elderly and children.

There is no problem with this, you can refute Wei Jun with some legal knowledge.

Yunyin continued: "First of all, we ask the plaintiff to show the qualifications recognized by experts, and whether there is a qualification to determine the market price. In addition, the experts said that 120,000 yuan is supported by data and what credentials are there? I noticed that two experts are witnesses of the plaintiff. Can we testify on this issue?"

Lu Yihang and Cao Yun said in the same voice: "Oh!"

Takayama Xing didn't understand: "Isn't it very good?"

Lu Yihang explained: "The focus is not on the experts. Yun Yin made the mistake of the primary and secondary. The plaintiff invited two experts to appear in court, indicating that the preparations are very complete. Whoever claims the evidence, Wei Jun has already provided evidence. Experts can say that according to the transaction price last year, the market price of the puppy was 120,000. As the defendant, Yun Yin, it is difficult to refute it. The law does not stipulate whether this data is a standard, but it is a fact that Wei Jun's witness proposed this pricing. If Yun Yin does not have other pricing methods, or better methods, the judge will adopt the only pricing standard."

Expert: This stone is a rare stone. There have been two transactions this year, and each stone has a transaction price of one million.

Experts explain the price of stones and explain the reasons for the price. One reason is rare and the other is the transaction price. In particular, the transaction price can easily reflect the value of an item.

Yunyin must refute it, and it must be stated that the two transactions are not equal transactions and cannot be used as reference. In this way, it is very difficult for him to provide evidence, and he must deny that what exists is facts. Secondly, Yunyin must propose pricing principles that he thinks are appropriate. For example, in 2003, the official stated that the price of stone was 100,000, which is very powerful. However, if Wei Jun proposed that the price of stone was 200,000 in 2004, the judge would adopt 200,000, because the data was newer than Yunyin.

Now Wei Jun witness experts have suggested that the transaction price of puppies last year was 120,000 yuan per person. Yun Yin said that the transaction price of puppies eight years ago was 30,000 yuan, and would not receive the support of the judge.

Yun Yin seems to be very confident, but in fact, this step is to commit suicide. It is not a taboo. The plaintiff's witness will definitely benefit the plaintiff, unless the plaintiff's lawyer is not professional. The defendant actually asked the plaintiff's witness to appear in court to testify, which is already a big mistake. As the defendant, the plaintiff's witness should be prevented from appearing in court as much as possible.

For example, Yunyin can be said that Wei Jun needs to explain the authority of witnesses first before allowing witnesses to appear in court. Wei Jun must prove this, otherwise the judge will not approve witnesses to appear in court to testify, and the market price of a puppy equivalent to witnesses' certificate will be invalidated. If Wei Jun does not have other preparations, the puppy will be calculated at a price of 30,000.

Cao Yun: "System goods, this is a crushing game. Yihang, you have to be a mentor, otherwise you will not be able to tap into Wei Jun's potential." As for Yunyin's level and potential, let's stop here.

Lu Yihang reminded: "Lawyer Cao, I am the plaintiff's attorney, and Wei Jun appears on court on behalf of me." He sat on the hearing seat for reasons of physical discomfort. Wei Jun was still in the internship period, but after all, he had a lawyer's license. The court would not be too serious in the small case and the plaintiff's lawyer did not raise any doubts. Moreover, Lu Yihang's seat on the hearing seat weakened the plaintiff's strength, not strengthened the plaintiff's strength, and in principle there was no problem.

The witness appeared in court. Two witnesses, the first witness was a canine expert, and also a visiting lecturer at Dongtang University. He introduced the situation of the Red Tibetan Mastiff, the reason for its preciousness, and from a scientific perspective, the value of the puppies is relatively high. Another expert is a market expert, and he brought two written evidence, which are copies of the transaction contract. Last year, two Red Tibetan Mastiff cubs were traded in the pet market in Dongtang District 5. One sold at 130,000 yuan and the other sold at 110,000 yuan.

Yun Yin's mistake continued. He once again abandoned the point and actually questioned the witnesses around the price difference of 130,000 and 110,000.

Cao Yun: "Wei Jun is very thief. Wei Jun only said before that the experts are experts of the Dog Love Association, and the Dog Love Association is just a private institution. In Yun Yin's opinion, it should be someone familiar with puppies who claim to be experts. After the witness attended, he showed up his identity and Yun Yin panicked. He knew the value of the visiting professor of the Witness University, which at least represents the rare academic recognition of the red Tibetan mastiff, so he could not raise doubts. He could only let this witness go. The price proposed by the second witness made Yun Yin not have much room to play. He just skipped the defendant's interview with witnesses, and Yun Yin was unwilling to give up. So he was very powerless to question the price difference."

Lu Yihangdao: "Yun Yin should pay a little attention to the judge's expression. Now he has expressed his impatientness without any concealment. I hope Yun Yin can stop questioning."

Cao Yun said: "Now is the best time and opportunity for Yun Yin to turn defeat into victory. If the witness is let go, Yun Yin will be unable to return to heaven. It depends on whether Yun Yin can draw his sword now."

Lu Yihangdao: "I don't think Yun Yin knew that he had brought a sword. Lawyer Cao, is Wei Jun's strategy very risky?"

Cao Yun said: "Wei Jun's tactic is to retreat step by step. Her psychologically bear the price is 100,000 yuan. She first takes 200,000 yuan. She has a lot of room for retreat and operation. As long as the opponent's counterattack is not fatal, she can make reasonable concessions. Spiritual compensation is a relatively unreasonable requirement. Generally, it is not supported. Even if it is supported, it will be very small."

Lu Yihangdao: "Yun Yin is a little anxious. Will he just skip it? He is confident in mental compensation and hopes to enter his comfortable area."

Cao Yun: "Success or failure is only a few minutes."

Yun Yin had finished speaking, but Wei Jun did not make a decisive explanation. Even if it was 110,000 yuan, it would not be too much to compensate 100,000 yuan. Wei Jun asked Yun Yin to debate the difference and reasons of 130,000 yuan and 110,000 yuan. After Yun Yin suddenly realized the truth, he would completely lose his fighting spirit.

Yun Yin finally looked at the hearing table, but Cao Yun and others had no expression on the faces, as if they didn't know him. After the judge's two inquiries, Yun Yin finally said, "I have no problem."

The outcome of the victory and defeat was because of this sentence. Without surprise, Yun Yin eliminated the mental compensation. Since it was difficult to obtain support for the mental compensation, even if the support was obtained, the amount was very small, and Wei Jun did not waste much time on it. In the end, the court ruled that the defendant paid the plaintiff's compensation of 100,000 yuan, the plaintiff paid the defendant's repair fee of 8,000 yuan, and the defendant had to pay 92,000 yuan.

There is another priority here, that is, the trial fee. In principle, whoever loses the case will pay the trial fee. In this case, Wei Jun’s 100,000 spiritual compensation is not supported, which means that she must pay 50% of the trial fee if she loses the case in this link. With the compensation of 100,000 yuan, Wei Jun has to pay more than 50% of the trial fee.

When making compensation, you need to consider whether the amount of compensation you have made is reasonable. The higher the compensation you have, the trial fee will increase according to the proportion, with a maximum of 20 million. A trial fee of 5/10 million will be paid for 5/10 million. So you can't speak out randomly, I want him to pay 100 million... (The calculation of 5/100 million... 100,000?) In this way, the trial fee will be as high as 100,000. If 100 million is not supported, you have to bear a large part of the trial fee of 100,000.

But it is not enough to be low. You offer 100,000 yuan in compensation. After the trial, you think you can make 200,000 yuan in compensation. Sorry, you have to hold another trial. How much compensation the plaintiff has proposed is a course that is very intensive about lawyers' ability. Generally speaking, in ordinary cases, plaintiffs will not care about small money. This is also the reason why a group business and economic dispute case has been a few years. Those lawyers are fighting for incoming land, and every inch is very expensive.

...

In the living room of Gaoshan Law Firm, Cao Yun sat on the center sofa, and on the left was Wei Jun. Gao Shanxing and Lu Yihang sat on the left and right sofas. There was a stool placed opposite Cao Yun's coffee table, with a backrest as a chair, and without a backrest as a stool.

Yun Yin entered the door happily, holding a lot of food in his hand, and without looking at everyone, he put the food on the coffee table: "Where are everyone here? The signature dish of xxx restaurant..."

Cao Yun pointed to the bench.

Yunyin's single fist and a hip, what does it mean?

Cao Yun pointed to the bench again, Yun Yin thought for three seconds and finally sat on the bench: "Hey, let me say first, this case is difficult for the defendant to beat. The plaintiff can prove how much the puppy costs, and it is difficult for the defendant to prove how much the puppy is not worth. For example, someone bought a dog for 50,000 yuan, and I asked for evidence, and Wei Jun would ask if it was an acquaintance or whether it was a purebred... And I checked it in advance, the red Tibetan mastiff is really expensive."

Cao Yun asked: "Is the dog red?"

"yes."

Cao Yun asked again: "Is a dog a Tibetan mastiff?"

"Yes, what's wrong?"

Cao Yun asked again and again: "So it is the red Tibetan mastiff?"

"Well..." Yun Yin didn't understand, is there anything wrong? I am a man, I am an Asian, I am an Asian man. I am a special oil-fake, what's wrong?

Cao Yun had no choice but to ask again and again: "So it must be a purebred red Tibetan mastiff."

"..." Yun Yin still didn't understand.

Lu Yihangdao: "Lawyer Yun, whoever claims in civil cases will provide evidence. The plaintiff claims that the puppy he was hit and killed is a purebred red Tibetan mastiff. Regardless of whether the puppy is a purebred red Tibetan mastiff or not, you must ask the other party to issue a certificate. There is currently no official certification of purebred red Tibetan mastiff, so the claim of purebred red Tibetan mastiff is not protected." Since it is not protected, the market price offered by experts will naturally be invalid.

Wei Jun said: "I have already made plans. If Yun Yin raises doubts, I will use witnesses to prove that the breed is a red Tibetan mastiff."

Lu Yihangdao: "But experts cannot prove that it is a purebred red Tibetan mastiff."

Wei Jun nodded: "Yes. Experts said that the price difference between pure and non-pure is very large, with pure breeds of millions, impure hundreds, thousands, and tens of thousands. There are no market standards. Similar to buying antique calligraphy and paintings, these paintings were painted by ancient people, but not by celebrities. How much money can be worth depends on the level of the paintings of this person and other works of the painter. The most important thing is the discussion between the buyer and the seller. Yun Yin can keep 30,000 yuan because our plaintiff does not have strong evidence."

Yunyin is thinking.

Cao Yun: "I haven't figured it out yet? Wei Jun's witness said that last year, there were two red Tibetan mastiffs trading at 110,000 and 130,000 yuan. One witness said that the purebred red Tibetan mastiff is precious. How do you know that the dog that the defendant hit and the two dogs traded last year are the same breed? Just because they are both red, they are both Tibetan mastiffs?"

Yun Yin understood that the testimony submitted by Wei Jun’s two witnesses had nothing to do with the puppy who was hit and killed, but Wei Jun moved flowers and brought them into the wood.

Cao Yun asked: "Mr. Wei, how did you beat you as a defendant?"

Wei Jun said: "First of all, I have to question whether the dog I bought for 30,000 yuan was lost. According to market research, the red Tibetan mastiff ranged from hundreds of yuan to millions of yuan because of its breed and purity. If the plaintiff cannot propose which breed his dog is, I will say that when the transaction was eight years ago, the plaintiff was deceived, and the value of this dog was only a few hundred yuan. The plaintiff must provide evidence to explain the value of his puppy."

Lu Yihang reminded Yunyin: "It's value, not price." The two are different. The antique mentioned above is the value, not the price.
Chapter completed!