I’m Really a Superstar

Outside the court.

The onlookers were noisy!

"Ouch!"

"Zhang Ye won?"

"Holy crap! CCTV actually lost? Really lost?"

"Compensation for twice the salary? This is the highest standard for compensation, right? Because the salary was only a day or two late!"

"I'm going to go! Zhang Ye really fucking won the lawsuit against CCTV! That's awesome! That's awesome! This is another first for the entertainment industry!"

"Teacher Zhang's lawsuit is definitely of historical significance! At least it will be recorded in the history of the Republic's entertainment industry. It is the first time that an artist sued a TV station and won the case!"

“It’s so exciting!”

"Teacher Zhang is so domineering!"

Everyone was amazed by this news!

The media reporters outside also immediately surrounded Jiang Yuan and CCTV's attorneys, bombarding them with questions one by one!

"May I ask how you lost?"

"Is CCTV 1 ready to continue appealing?"

"Deputy Director Jiang, what do you think of this verdict?"

"Lawyer Huo, where did you lose?"

Jiang Yuan said with a sullen face: "Give way!"

Lawyer Huo also had an unnatural expression on his face, "No comment, no comment!"

Lawyer Huo didn't want to say a word at this moment. He felt that today was the darkest day of his lawyer career. To be fair, in Lawyer Huo's view, Zhang Ye did have a certain advantage in this lawsuit. After all, he was the victim and the plaintiff. , the court will take care of it to some extent. However, this is not absolute. The court debate is also a top priority. If you can take the absolute initiative in this link, Lawyer Huo believes that the winning rate of this lawsuit will definitely be his. The side is bigger, and don’t forget, Zhang Ye did not hire a lawyer. He is suing privately. Lawyer Huo, a professional legal professional, is absolutely confident when facing a layman who knows nothing about legal provisions. He feels that he If you can win, there is at least a 70-80% chance of winning!

But unfortunately,

This is where they lose!

Lawyer Huo will never forget the scene in the court today. He didn't even know until the very end of the debate that Zhang Ye was fucking more familiar with legal provisions than he was! !

…

Three hours ago.

court.

The clerk said: "The lawsuit is about to be heard in court. Please be quiet! Now please invite the parties and their attorneys to enter the court."

Zhang Ye walked up and stood at the plaintiff's table.

Jiang Yuan and Lawyer Huo entered the court at the same time and arrived at the dock.

The clerk said in a serious tone: "Now read out the court discipline: 1. All persons present in court should obey the unified command of the judge, turn off communication tools, abide by the order of the court, and no smoking is allowed. 2. Observers must remain quiet and are not allowed to make noise. , applaud, interrupt, and are not allowed to enter the trial area..." After reading four or five articles in total, he turned around and said, "Everyone stand up and invite the judges to take their seats."

The court then begins court proceedings.

Introduction of the plaintiff, introduction of the defendant and attorney.

Then, the court investigation begins, with the plaintiff stating the claims, facts and reasons.

Zhang Ye spoke, "Five days ago, when I was working at CCTV 1..."

It was just a procedural thing from the beginning. Zhang Ye said it was quite satisfactory, and the same was true for Lawyer Huo. This was not a debate session. It was just a statement process. It was for the presiding judge, judges and others to understand what happened. This process is very slow. , a process that took half an hour.

The presiding judge asked.

Zhang Ye answered.

The presiding judge asked.

Lawyer Huo answered.

After all the statements have been made, finally, the plaintiff and defendant’s defense session begins!

Lawyer Huo spoke quickly and made the first move: "I would like to ask the plaintiff, why didn't you communicate with my agent in advance when you knew the salary had not been paid? As we all know, you are also a veteran in the TV industry and have worked for several TV stations and work units, according to common sense, you should not be unaware of these processes. If there is a problem with the financial system, it is difficult for us to verify it immediately. If your salary is delayed for one day because of system problems, you will be asked to claim two dollars. A monthly salary is absolutely unacceptable to us! We even reserve the right to counterclaim that the plaintiff is suspected of fraud!"

At this moment, Zhang Ye, who had been drowsy just now and was following the script, suddenly seemed to be a different person. His eyes lit up and his body straightened up, as if a sharp sword had been drawn out of the scabbard. He was full of energy. , "Well, go on."

Go on?

What do you mean to continue talking?

A male judge looked at him.

Lawyer Huo is not used to it either. He has fought dozens of lawsuits, if not a hundred. However, his opponents are all lawyers from professional institutions. Which lawyer can't speak perfectly? Not pressing every sentence? "Go on," this sentence makes people feel a bit dumbfounded.

Forget it, who is the layman?

Alas, it’s tiring to litigate with laymen, it’s so unprofessional!

Lawyer Huo was even more confident. He now had an 80% to 90% chance of winning. He only said: "I have several testimonies here, which are testimonies from employees of CCTV's financial department. They can prove that the plaintiff did not communicate with others on the day of the incident. Instead of contacting us, they severely insulted and personally attacked our financial staff in a way of insulting and questioning. This also indirectly caused the salary payment problem caused by the system failure to not be solved in the first place. It can be resolved immediately, and for this, the plaintiff has an unshirkable responsibility!”

The evidence is presented.

The presiding judge and the judge both looked at it.

The presiding judge asked, “What explanation does the plaintiff have?”

Zhang Ye also saw the evidence, smiled, looked at Lawyer Huo and said, "Your mother is your mother, and your uncle is your uncle. Is this a curse? Why can't I hear it?"

Lawyer Huo immediately said: "I protested because the other party made insulting remarks."

The presiding judge said: "The protest is valid."

Zhang Ye said: "Presiding judge, the evidence just presented by the defendant was only unilateral and taken out of context. I also have a testimony here that shows the entire incident. I communicated with the other party's financial staff as soon as the salary did not arrive. , the other party first refused to check my salary status on the grounds that I had to get off work on time, and then refused to investigate the detailed reasons on the grounds that they had no right to check it. Finally, they asked me to go to the relevant department to issue a certificate that my salary had not been paid, and They also asked me to certify that my salary card was my salary card. In this case, I also asked the other party to issue a certificate to prove why she wanted me to issue a certificate, and by analogy, it was proved that your mother is your mother - This is your eldest son’s proof. During this period, our communication was very smooth and harmonious, so why should we curse?”

Is this called communication and harmony?

Harmony, your sister!

Everyone in the auditorium said: "..."

Lawyer Huo immediately said: "The other party's words are insulting again, and I protest."

After seeing the evidence given by Zhang Ye, the presiding judge was silent for a second this time, "The protest is invalid!"

In other words, the court supported that in the context of the relevant evidence provided by Zhang Ye, his words were not abusive, so it rejected lawyer Huo's protest.

"Thank you, presiding judge." Zhang Ye continued: "The defendant has repeatedly emphasized that the incident was caused by me, which makes people have to doubt its motives and purposes. I now have reason to believe that the defendant's behavior of arrears of wages to me is in It was premeditated from the beginning, not a so-called systemic problem."

Lawyer Huo frowned and said, "Please present relevant evidence to the plaintiff!"

"Okay, I'll apply to submit evidence." Zhang Ye brought up something, "This is the salary statistics and payment data of the entire CCTV. I can't disclose the source of the evidence for the time being, but I guarantee the authenticity of the evidence. You can verify it at will. The evidence It shows that among all the current employees of CCTV, I am the only one whose salary has not been paid. It was not because the system made an independent error, but at 2:05 and 17 seconds on the day of the incident, the system entry of my salary was manually modified. Once, and it was modified a second time at 2:09. This is the direct reason why my salary has not been paid!" CCTV has been busy guiding public opinion and crisis public relations these days, and Zhang Ye has no time to spare. With.

Jiang Yuan's face was a little dark. He knew as soon as he heard this that the evidence must be true!

Lawyer Huo didn’t expect it at all!

A set of salary system data from CCTV? How many more detailed operations are there? I wonder how you got it! Which insider is working as an insider for Zhang Ye? ?

In fact, they have no idea at all, not to mention the salary system of a financial department of CCTV, even the official website of the Korean government. Zhang Ye can come and go with ease. How can this system defense stop a person ranked third in the world? The world-class hacker with the highest bounty in the world today?

The presiding judge and others looked through the evidence and communicated with each other in low voices.

Lawyer Huo countered: "First of all, I have serious doubts about the authenticity of this evidence. Secondly, there are many reasons for human modification. It may be a mistake caused by staff misoperation. There is no evidence that it was premeditated. We cannot do it because of this." Make a subjective judgment favorable to the plaintiff!"

This evidence is very unfavorable to them. Even if the authenticity of the evidence has not been verified by the presiding judge, it is enough to give the judge a bad hint. Moreover, Lawyer Huo can also see from Jiang Yuan's expression that this evidence is not at all If it cannot withstand verification, it must be true, so Lawyer Huo is anxious to reverse the situation and says: "I want to add another piece of evidence. This is the labor contract signed by the plaintiff and CCTV."

Bring the evidence.

The presiding judge and others looked.

Just listen to Lawyer Huo say: "Articles 5 and 9 on the second page of the contract clearly show that the relationship between the plaintiff and CCTV is not a purely labor service relationship between an individual and an enterprise, but a cooperative relationship under the contract, which can It can be seen that the plaintiff proposed to retain a large part of the copyright of his program creation, and on this premise, he cooperated with CCTV to jointly operate the program and did not ask for bonuses. This form of cooperation eliminated the copyright ownership of job creation and fundamentally In a sense, CCTV has no obligation to pay Zhang Ye's salary because the plaintiff provided creative programming to produce the program, while CCTV provided the platform, provided personnel, and helped promote the program. The other copyright income after the program was operated was originally Zhang Ye's as stated in the contract. Ye’s actual salary has been paid, and there is no need to pay him any more. However, we have been paying Zhang Ye’s salary based on the salary base of a first-class host on the station. This is just a favor, not an obligation. Therefore, we cannot pay the amount of compensation requested by the plaintiff! "

At this juncture, it’s time to really start fighting for legal knowledge, and it’s the real battlefield!

Lawyer Huo has been looking forward to this session. The difference between amateurs and professionals is reflected in this content!

Zhang Ye was not angry and said calmly: "The wage payment laws of the Ministry of Human Resources and Social Security stipulate that regardless of whether formal workers or dispatched workers, as long as they perform the same work and put in the same amount of labor, they should receive the same level of wages. , during my employment at CCTV1, I not only worked as a host, but also served as the general director, chief planner and other related positions of the program. I should have received corresponding labor remuneration, not the salary in the actual sense of the copyright, the defendant, but the copyright itself. It belongs to me, so why should I pay my own salary?"

Huh?

This guy is pretty cool!

Jiang Yuan was a little surprised. He didn't expect Zhang Ye to really be able to take the move!

Lawyer Huo was also slightly startled, then quickly flipped through a large pile of documents in front of him, lowered his head and read: "Article 16, paragraph 2, of the Copyright Law stipulates that special service works are produced using the material and technical conditions of a legal person or other organization. Engineering design drawings, product design drawings, maps, computer software and other professional works for which a legal person or other organization is responsible, or professional works for which the copyright is enjoyed by a legal person or other organization as stipulated in laws, administrative regulations or contracts. Authors of special professional works Enjoy the right of signature, and other rights of the copyright owner are enjoyed by legal persons or other organizations!”

Zhang Ye looked at him and said: "I would like to remind the defendant and the defendant's attorney that the contract has clearly stated and stipulated that this is not a special service work, but only a general service work with an agreement. The Copyright Law stipulates: General service works , the copyright is enjoyed by the author, but legal persons or other organizations have the right to priority use within the scope of business. And I want to explain that the copyright distribution plan has been reflected in the labor contract! On the premise that there is no agreed dispute, the defendant Refusal to pay wages is in itself contrary to labor laws!”

Lawyer Huo was about to speak.

Zhang Ye said again: "The Labor Law stipulates that workers have the right to obtain labor remuneration in accordance with the labor contract and relevant national laws. The right to obtain labor remuneration is an indispensable material guarantee for workers to continue to exercise their labor rights. According to the "Ministry of Labor's Regulations on Labor Remuneration" Article 2 of the Opinions on the Implementation of the Labor Law: As long as a labor relationship is formed between enterprises, individual economic organizations and workers within the territory of the Republic, that is, the workers have actually become members of the enterprises and individual economic organizations and provided them with paid labor. , labor laws apply!”

Lawyer Huo immediately said: "Labor law..."

Zhang Ye interrupted: "During my tenure at CCTV, I created economic value for the defendant and paid real labor for the defendant. The labor relationship between the two parties is unquestionable. So, as a regular employee of the defendant, I have reason to ask the defendant Pay our wages!”

Lawyer Huo interjected: "The plaintiff's..."

Zhang Ye was the first to say: "According to our country's Labor Law..."

After being interrupted several times, Lawyer Huo became annoyed and said, "Judge, I protest against the other party..."

Zhang Ye interrupted him for the fourth time, "I haven't finished my complaint yet, please don't interrupt!"

The presiding judge looked at Lawyer Huo and said, "The protest is invalid! The plaintiff continues to appeal."

Lawyer Huo’s face turned blue!

Zhang Ye kept talking and continued: "The 'unreasonable default' in Article 50 of my country's Labor Law should be understood to mean that the employer deliberately fails to pay workers' wages within the specified time without justifiable reasons! The Ministry of Labor's "Regarding Article 4 of the Interim Provisions on Wage Payment \u003e Supplementary Provisions on Relevant Issues has made an exclusionary provision for "without reason": unreasonable arrears of wages to workers do not include: (1) The employer encounters natural disasters and wars that are beyond human control. and other reasons, unable to pay wages on time; (2) The employer is indeed affected by production and operation difficulties and capital turnover, and with the consent of the unit's labor union, it can temporarily overdue the payment of workers' wages. The maximum extension time limit can be determined by each province, The labor and social security administrative departments of autonomous regions and municipalities directly under the Central Government determine according to local conditions. Wage arrears in other circumstances are unreasonable arrears!"

I thought Zhang Ye had finished speaking this time.

As soon as Lawyer Huo spoke, "As for the plaintiff..."

As a result, before Zhang Ye could finish speaking, this guy seemed to be deliberately waiting for Lawyer Huo to interrupt. As soon as the other party spoke, Zhang Ye continued: "And the company has not encountered any natural disasters, wars, etc. that are beyond the control of human beings." The reason for not being able to pay my wages on time is not due to production and operation difficulties or capital turnover being affected, so the defendant has no reason not to pay me my wages!”

Lawyer Huo was furious, "The plaintiff's..."

Zhang Ye looked calm and interrupted for the first time: "The Ministry of Labor has issued the "Measures for Economic Compensation for Violation and Termination of Labor Contracts"? The notice states that if an employer deducts or delays workers' wages without reason, and refuses to pay labor If an employee is paid for extended working hours, in addition to paying the worker’s wages in full within the specified time, a certain degree of economic compensation must also be paid!”

The presiding judge stared at Zhang Ye.

Several judges looked at each other.

The surrounding court staff and people in the gallery were also dumbfounded! I was really dumbfounded!

And at this time, they unexpectedly discovered that Zhang Ye had never lowered his head once from beginning to end, because unlike Lawyer Huo, he had no manuscripts at all and just spoke with his mouth!

A professional lawyer, holding a manuscript, was stammering and couldn't get a word in!

An amateur plaintiff went out of his way to write down one legal clause after another!

What a fool!

The situation developed differently than expected!

Who the hell is a professional lawyer? !

Zhang Ye also said: "In view of the continuous public opinion storm about this matter, the huge social impact, and the serious impact and pressure on myself, I request the court to uphold the principle of protecting the weak in labor law, which is Chapter 2 of our Constitution. The principle of protecting workers reflected in a series of provisions in the "Citizens' Rights and Obligations", the additional compensation amount to twice the salary and my personal mental loss fee of 1 yuan, a symbolic relief figure, and the request for an apology from the defendant, and requesting the court to support me Litigation request!"

Lawyer Huo stared at Zhang Ye angrily, waiting for him to continue.

Zhang Ye said: "Well..."

one second……

Two seconds...

Three seconds...

As a result, Zhang Ye actually finished speaking this time!

But Zhang Ye didn't reveal what he meant. After saying those words, he still looked in the direction of the defendant. After clearing his throat, his lips moved slightly and he hummed. Jiang Yuan and the others felt that Zhang Ye hadn't finished speaking yet, so they were all waiting!

Until the presiding judge spoke, "The defendant has nothing to defend?"

Only then did Lawyer Huo react. Damn it, he asked Zhang Ye to make another move. He knew that he was waiting for Zhang Ye to finish his words before launching a counterattack, but the atmosphere at the scene was different. The judge didn't know. Everyone, look. When they arrived, Zhang Ye had already finished his explanation. As a result, Lawyer Huo and Jiang Yuan's defendants remained silent for a long time, as if they had been deceived by Zhang Ye, and now they were put on the spot. You're so good, you've been defeated in terms of momentum!

Lawyer Huo was shocked!

broken! You underestimated the enemy!

This time it really capsized in the gutter!

Who said this grandson is the fucking host? Who said this grandson is a mathematician and a writer? Linguistic logic, language arts, psychological warfare, and even legal provisions and related legal knowledge, Lawyer Huo was shocked to discover at this moment that this guy is actually more professional than himself! ?

How did you memorize so many articles?

Don’t you even need to read the manuscript or the information? ?

And you can actually pick up some of the legal provisions that came up in impromptu debates and quote them without even stumbling over them? Damn it, you have memorized all the provisions of the Constitution and Civil Law, right? ?

However, what Lawyer Huo didn’t know was that he really guessed it right!

Zhang Ye, this pervert, actually spent a whole day yesterday memorizing all the constitutions and civil laws in the world word for word! !