Outside the courthouse.
The onlookers were in an uproar!
"Aiyo!"
"Zhang Ye won?"
"Holy shit! Central TV Department 1 actually lost? They really lost? "
"Compensation of double the salary? That should be the highest amount of compensation they can get! That's because the salary was only late by a day or two! "
"What the heck! Zhang Ye had really fucking won the lawsuit against Central TV Department 1! Awesome! This is too awesome! This is another first in the entertainment industry! "
"Teacher Zhang's lawsuit is definitely of historical significance! It will at least be recorded in the annals of China's entertainment industry. This is the first time an artist has ever won a lawsuit against a television station! "
"It really makes my blood boil!"
"Teacher Zhang is so domineering!"
Everyone was amazed by this news!
The media reporters outside also surrounded Jiang Yuan and the representative lawyer of Central TV Department 1 at the first opportunity and bombarded them with questions!
"May I know how you guys lost?"
"Does Central TV Department 1 have any plans to continue with the appeal?"
"Deputy Director Jiang, what do you think of the verdict?"
"Lawyer Huo, how did you guys lose?"
Jiang Yuan said with a dark expression, "Excuse me!"
Lawyer Huo also had an unnatural expression on his face. "No comment, no comment!"
Lawyer Huo did not want to say anything more at this moment. He felt that today was the darkest day of his legal career. In all fairness, Lawyer Huo felt that Zhang Ye did have a certain advantage in this lawsuit. After all, he was the victim and the plaintiff, so the court would more or less take care of him. However, this was not absolute. The courtroom debate was also of utmost importance. If he could take the initiative in this segment, Lawyer Huo believed that his chances of winning this lawsuit would definitely be higher. Moreover, don't forget that Zhang Ye did not hire a lawyer. This was a private prosecution. Lawyer Huo was a professional in the legal world, so when faced with a layman who knew nothing about the law, of course he had absolute confidence. He felt that he could win, at least with a 70% to 80% chance of winning!
But of all things, they had lost here!
Lawyer Huo would never forget this scene in court today. It was not until the very end of the courtroom debate that he realized that Zhang Ye was even more fucking familiar with the law than he was!!
...
Three hours ago.
In the courtroom.
The court clerk said, "The lawsuit is about to be heard. Please be quiet! Can the parties and their litigation representatives please enter the courtroom? "
Zhang Ye walked up and stood at the plaintiff's stand.
Jiang Yuan and Lawyer Huo entered the dock at the same time.
The clerk said in a serious tone, "I will now read the rules of the court: 1. All personnel present in the court should listen to the command of the judge, turn off all communication devices, observe the court order, and do not smoke. 2. Spectators must remain silent. They are not allowed to make noise, applaud, interrupt, and are not allowed to enter the trial area … "After reading four or five rules, he turned around and said," All rise, please take your seats. "
Then, the court began its proceedings.
Introduction of the plaintiff, the defendant, and the attorney.
Next, the court investigation begins, with the plaintiff stating his claims, facts and reasons.
Zhang Ye said, "Five days ago, when I was working at Central TV Department 1 …"
It was the same for Lawyer Huo as well. This was not considered a debate segment and was just a presentation for the presiding judge and the other judges to understand what had happened. This process was very slow and took a full half an hour.
The presiding judge asked.
Zhang Ye answered.
The presiding judge asked.
Mr. Huo answered.
When all the presentations were done, it was finally time for the plaintiff and the defendant to defend themselves!
Lawyer Huo spoke first and said, "I would like to ask the plaintiff, why did you not communicate with my representative the moment you found out that the salary had not been received? As we all know, you are a veteran in the television industry and have worked at several television stations and other work units. Logically speaking, you should be aware of the process. If there was a problem with the financial system, it would have been very difficult for us to verify it immediately. If we were to be asked to compensate for two months' salary just because of a problem with the system, we absolutely cannot accept that! We even reserve the right to countersue the plaintiff for fraud! "
At this moment, Zhang Ye, who had been drowsily reading from the script, suddenly seemed to have become a different person. His eyes lit up and his body straightened up. It was as if a sharp sword had been drawn from its scabbard and he was a hundred times more alert. "Alright, carry on."
Carry on?
What do you mean carry on!
A male judge glanced at him.
Lawyer Huo was not used to this either. He had fought dozens of cases, if not a hundred. However, his opponents were all lawyers from professional organizations. Which lawyer did not speak in a seamless manner? Did they not press him with every sentence? "Carry on." Those who heard this didn't know whether to laugh or cry.
Forget it, who asked me to be a layman!
Hai, fighting a lawsuit with a layman is so tiring. It's so unprofessional!
Lawyer Huo was even more certain that he now had an 80-90% chance of winning. He said, "I have a few testimonies here from the Central TV Finance Department's staff. They can prove that on the day of the incident, the plaintiff did not come into contact with us through communication. Instead, he used an insulting and questioning method to make serious insults and personal attacks on our finance staff. This indirectly caused the salary issue that could not be resolved immediately due to the system malfunction. For this reason, the plaintiff cannot shirk the responsibility!"
The evidence was presented.
The presiding judge and the other judges looked at it.
The presiding judge asked, "What explanation does the plaintiff have?"
Zhang Ye also saw the evidence and smiled. He looked at Lawyer Huo and said, "Your mom is your mom, your grandpa is your grandpa. Is that an insult? Why can't I tell? "
Lawyer Huo immediately said, "I object. The other party's words are insulting."
The presiding judge said, "The objection is sustained."
Zhang Ye said, "Chief Presiding Judge, the evidence presented by the defendant just now was taken out of context. I also have a statement here that shows the entire sequence of events. When I communicated with the other party's finance staff before my salary was received, the other party first refused to check my salary on the grounds that it was time to get off work. Then, she said that they had no authority to check my salary and refused to look into the details of the situation. Finally, she even asked me to go to the relevant department to provide proof that my salary had not been received. She also asked me to prove that my payroll card was still my payroll card. Under such circumstances, I also asked the other party to provide proof that there was a reason for her to make me provide the proof. And so on and so forth until the point where your mother is your mother and your grandpa is your grandpa. During this period of time, our communication was very smooth and harmonious, so how was there any scolding?"
This is called a harmonious communication?
Harmonious your sister!
The people in the public gallery were all speechless.
Lawyer Huo immediately said, "The other party's words are insulting again. I object."
After seeing the evidence presented by Zhang Ye, the presiding judge fell silent for a second. "Your objection is overruled!"
That meant that the court supported the fact that Zhang Ye had provided the relevant evidence. His words were not insulting, so Lawyer Huo's objection was overruled.
"Thank you, your presiding judge." Zhang Ye continued, "The defendant has repeatedly emphasized that this matter was caused by me, which makes one suspect their motives and goals. I now have reason to believe that the defendant's action of delaying my salary was premeditated from the start and not because of a so-called system issue."
Lawyer Huo frowned. "Plaintiff, please present the relevant evidence!"
"Alright, I request to submit the evidence." I cannot reveal the source of this evidence for the time being, but I can guarantee that this evidence is authentic and can be easily verified. The evidence shows that out of all the current employees of Central TV Department 1, I am the only one who has not received my salary. This was not an error by the system. It was just that on the day of the incident, at 2: 05: 17 PM, my salary was manually modified. Then, at 2: 09 PM, it was modified a second time. This is the direct cause of my salary not being paid! "While Central TV had been busy guiding public opinion and dealing with the crisis, Zhang Ye was not idling around either.
Jiang Yuan's expression sank a little. When he heard this, he knew that this evidence was definitely real!
Lawyer Huo also did not expect this at all!
Central TV Department 1's salary system data? And the minute and minute details of the procedure? Fuck, how the hell did you get your hands on that! Which internal staff member was acting as a spy for Zhang Ye??
In reality, they did not know that Zhang Ye could even enter and exit the official website of the Korean government, much less Central TV's finance department's payroll system. How could this little bit of system defense stop a hacker who was ranked third in the world and had the highest bounty in the world?
The presiding judge and the others flipped through the evidence and discussed in whispers.
Lawyer Huo retorted, "First of all, I have serious doubts about the authenticity of this evidence. Secondly, there could be many reasons for the modification. Perhaps it was an error by the staff, but there is no evidence to show that it was premeditated, so we cannot make a subjective judgment in favor of the plaintiff!"
This evidence was very disadvantageous to them. Even if the authenticity of the evidence had not been verified by the presiding judge, it was enough to give the judge a bad hint. Moreover, from Jiang Yuan's expression, Lawyer Huo could tell that this evidence could not be verified and was definitely real. As such, Lawyer Huo was anxious to turn the situation around and said, "I would like to add another piece of evidence. This is the labor contract that the plaintiff signed with Central TV."
Bring out the evidence.
The presiding judge and the others looked at it.
Then they heard Lawyer Huo say, "On the second page of the contract, Article 5 and Article 9 clearly state that the relationship between the plaintiff and Central TV Department 1 is not purely a labor and service relationship, but rather a contractual partnership. As you can see, the plaintiff has proposed to retain a large portion of the copyrights of the program he created. Under this premise, he is working with Central TV to jointly manage the program without asking for any bonuses. This form of cooperation eliminates the ownership of the copyrights of the work he created. In a fundamental sense, Central TV does not have any obligation to pay Zhang Ye his salary. This is because the plaintiff provided the idea and produced the program, while Central TV provided the platform, provided the staff, and helped with the promotion. After the program's operation, the other copyrights earnings were already Zhang Ye's actual salary as stated in the contract, so there is no need to pay him any further. Meanwhile, our side has been paying Zhang Ye his salary based on the base salary of a host in the station, so this is only a favor and not an obligation. Therefore, we cannot pay the compensation that the plaintiff is asking for!"
At this juncture, it was time for the real battle of legal knowledge. This was the real battlefield!
Lawyer Huo had been looking forward to this segment. The difference between an amateur and a professional was reflected in this content!
Zhang Ye did not get angry and calmly said, "The State Ministry of Human Resources and Social Security's salary payment law stipulates that regardless of whether you are a regular employee or a dispatched employee, as long as you perform the same work and put in the same amount of work, you should receive the same level of salary. During my tenure at Central TV Department 1, not only did I work as a host, I also worked as the program's executive director, executive planner, and other related positions. Therefore, I should receive the corresponding remuneration for my work, and not the actual salary that the defendant is claiming. The copyright belongs to me, so how can I say that I am paying my own salary?"
Eh?
This fellow sure knows how to bullsh * t!
Jiang Yuan was a little surprised. He did not expect Zhang Ye to really respond to this!
Lawyer Huo was also slightly taken aback. He quickly flipped through the large stack of documents in front of him and lowered his head to read, "Article 16, Section 2 of the Copyright Law stipulates that a special work made for hire is an engineering design drawing, product design drawing, map, computer software, or any other work made for hire, which is produced using the material and technical resources of a legal person or any other organization, and for which the legal person or any other organization bears the responsibility. The author of a special work made for hire has the right of authorship, while the other rights of the copyright owner are enjoyed by the legal person or any other organization! "
Zhang Ye looked at him and said, "I would like to remind the defendant and his lawyer that the contract clearly states that this is not a special work made for hire, but a general work made for hire with an agreement. The Copyright Law stipulates that a general work made for hire is owned by the author, but a legal person or any other organization has the right to use the work first within the scope of their business. And I would like to clarify that the agreement on the distribution of the copyright has already been reflected in the labor contract! Under the premise that there is no dispute over the agreement, the defendant's refusal to pay wages is in itself a violation of the Labor Law! "
Lawyer Huo was just about to speak.
Zhang Ye said again, "The Labor Law stipulates that a worker has the right to receive remuneration in accordance with the labor contract and the relevant laws of the country. The right to receive remuneration is an indispensable material guarantee for a worker to continue to exercise their right to work. According to Article 2 of the Ministry of Labor's Opinions on the Implementation of the Labor Law, as long as there is a labor relationship between an enterprise or individual economic organization and a worker within the territory of China, that is, the worker has in fact become a member of the enterprise or individual economic organization and has provided paid labor for them, the Labor Law shall apply! "
Lawyer Huo immediately said, "The Labor Law —"
Zhang Ye interrupted, "During my tenure at Central TV Department 1, I have created economic value for the defendant and put in actual labor for the defendant. The labor relationship between the two parties cannot be doubted, so as an official employee of the defendant, I have reason to request that the defendant pay my wages!"
Lawyer Huo interrupted, "The plaintiff's —"
Zhang Ye rushed to say, "According to our country's Labor Law —"
After being interrupted several times, Lawyer Huo was annoyed. "Your Honor, I object to the other party —"
Zhang Ye interrupted him for the fourth time. "I have not finished my complaint, please do not interrupt me!"
The presiding judge looked at Lawyer Huo and said, "Objection overruled! The plaintiff continues to appeal. "
Lawyer Huo's face turned green!
Zhang Ye blabbered on and continued, "In Article 50 of our country's Labor Law, the phrase 'unjustifiably delayed' should be understood as an employer deliberately refusing to pay wages to a worker within a specified time period without justifiable reasons! Article 4 of the Ministry of Labor's Supplementary Provisions on Issues Relating to the 'Interim Provisions on the Payment of Wages' excludes the phrase 'unjustifiably delayed': Unjustifiably delayed payment of wages to a worker does not include: (1) the employer is unable to pay wages on time due to reasons such as natural disasters or wars beyond human control; (2) the employer is unable to pay wages on time due to production and operation difficulties or the impact on its cash flow; and (3) the employer may delay the payment of wages after obtaining the approval of the labor union of the employer. The maximum period of delay may be determined by the labor and social security administrative department of each province, autonomous region, or municipality directly under the Central Government based on the local situation. Under other circumstances, the delayed payment of wages is considered as unjustifiably delayed payment! "
He thought that Zhang Ye had finished speaking this time.
Lawyer Huo was just about to speak. "As for the plaintiff's —"
But before Zhang Ye could finish speaking, this fellow seemed to be deliberately waiting for Lawyer Huo to interrupt. The moment Lawyer Huo opened his mouth, Zhang Ye continued, "And the company did not encounter any unjustifiable natural disasters or wars beyond human control, nor was it unable to pay wages on time due to production and operation difficulties or the impact on its cash flow. Therefore, the defendant has no reason not to pay my wages!"
Lawyer Huo blew his top. "The plaintiff's —"
Zhang Ye looked calm as he interrupted for the umpteenth time. "The Ministry of Labor's notice on the issuance of the 'Measures for Economic Compensation for Violations and Rescission of Labor Contracts' states that if an employer deducts or delays the payment of wages to a worker without justifiable reasons, or refuses to pay wages to a worker for extended working hours, in addition to paying the full amount of wages to the worker within the stipulated period, a certain amount of economic compensation shall also be paid!"
The presiding judge stared at Zhang Ye.
The other judges looked at each other.
The surrounding court staff and people in the public gallery were also dumbfounded by what they heard! They were really dumbfounded by what they heard!
And at this moment, they realized that Zhang Ye did not lower his head even once from the beginning to the end. This was because he was different from Lawyer Huo. He did not even have a script and was just relying on his mouth to speak!
A professional lawyer holding a script was stammering and unable to get a word in edgewise!
An amateur plaintiff was actually going off script and blurting out legal provisions one after the other!
Holy shit!
The situation had developed differently from what they had expected!
Who the f * * k is the professional lawyer here!
Zhang Ye was still saying, "Due to the ongoing public opinion storm and the huge impact it has on society, the impact and pressure it has on me is very serious. I request that the court uphold the principle of protecting the weak in the labor law, which is also the principle of protecting workers embodied in Chapter II of the Constitution, 'The Rights and Duties of Citizens'. I request for an additional compensation of twice my usual salary and a symbolic sum of 1 yuan for my emotional distress. I also request that the defendant apologize and request that the court uphold my claim!"
Lawyer Huo stared at Zhang Ye angrily and waited for him to continue speaking.
Zhang Ye said, "Uh …"
One second …
Two seconds …
Three seconds …
But Zhang Ye had actually finished speaking this time!
But what made Zhang Ye so sly was that he did not express that he was done. After he said that, he still looked in the direction of the defendant and cleared his throat. His lips moved slightly and he even grunted. It gave Lawyer Huo and Jiang Yuan the feeling that Zhang Ye was not done yet, so they were all waiting for him to finish speaking!
Until the presiding judge said, "Does the defendant have anything else to say?"
Only then did Lawyer Huo react. Damn, he had been made a fool of by Zhang Ye again. He knew that he was waiting for Zhang Ye to finish speaking before he launched his counterattack, but the atmosphere at the venue was not. The judge did not know this. What everyone saw was that after Zhang Ye had finished speaking, Lawyer Huo and Jiang Yuan's side were left speechless for a long time. It was as though they had been blindsided by what Zhang Ye had said and were in the wrong. With this, they were at a disadvantage and had lost their momentum!
Lawyer Huo turned pale with fright!
This is bad! We've underestimated our enemy!
We've really failed miserably this time!
Who said that this grandson was a f * * king host? Who said that this grandson was a f * * king mathematician or literary scholar? Language logic, language arts, psychological warfare, and even legal provisions and related legal knowledge. Lawyer Huo was shocked to discover that this fellow was even more professional than him!?
How did you memorize so many legal provisions?
Didn't you need to read a script or read through the information??
Furthermore, some of the legal provisions that were proposed during the impromptu debate, you could even f * * king recite them so casually without even stuttering? F * * k, don't tell me that you've memorized the entire Constitution and Civil Code?
However, Lawyer Huo did not know that he had guessed correctly!
Zhang Ye, this freak, had used an entire day's time yesterday to memorize all the Constitution and Civil Code of this world without missing a single word!!
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