A mock trial drama
Time: March 20, 2007
Venue: Civil Trial Chamber of Hengyang People's Court
Characters:
Judge: Sima Yan.
Clerk: Guo Feng.
Plaintiff: Qin Liang, male, born in February 1976, works in Ning 'an Library and lives in.
Room 306, Building 4, Zone 3, Ning 'anyuan
Defendant Zhang Jun, male, was born atNo. 1972 Tianda Furniture Plaza, Ning 'an City.
Master, I live at No.28 Tongjiang Road, Ning 'an.
Authorized Agent: Yao Hai, male, lawyer of Hao Wei Law Firm in Ning 'an.
Cause of action: personal tort dispute
Overview of the case:
(1) court preparation stage)
Clerk:
(a) to check the appearance of the parties and their agents ad litem in court and invite them to sit down.
(2) The court discipline now declares:
1. All court personnel should obey the unified command of the judge, turn off all communication tools, observe the court order and forbid smoking.
2. The observers must keep quiet, do not make noise, applaud or interrupt, and do not enter the trial area. If you have any comments, you can put them forward after the recess.
3. The parties and their agents ad litem shall not leave the court halfway. If they leave the court without authorization, the plaintiff will drop the lawsuit. If it is the defendant, it will be judged by default according to law.
4. Judges or bailiffs have the right to stop acts that violate court discipline and hinder civil litigation activities. Those who don't listen to stop can be admonished, ordered to leave or fined or detained according to law; If the circumstances are serious, criminal responsibility shall be investigated according to law.
(3) Please ask the presiding judge to sit down.
(four) report that the judge and the parties have appeared in court, please hold a hearing.
Presiding Judge: Now the trial begins. First, check the identity of the parties. Plaintiff, your name, age, occupation and address? Is there an agent?
Plaintiff: My name is Qin Liang, and I was born in February 1976. I work in the library of this city and live in Room 306, Building 4, Area 3, Ning 'anyuan, this city. There is no entrusted agent.
Presiding Judge: Defendant, what's your name, age, occupation and address? Is there an agent?
Defendant: My name is Zhang Jun, and I was born in May of 1972. I run Tianda Furniture Plaza in this city and live in Room 203, No.28 Tongjiang Road, this city. I entrust Yao Hai, a lawyer of Hao Wei Law Firm in this city, as the general agent.
Authorized Agent: Yao Hai, male, lawyer of Hao Wei Law Firm in this city.
Presiding Judge: According to the provisions of Articles 142, 143 and 145 of the Civil Procedure Law of People's Republic of China (PRC), the Civil Trial Chamber of Ning 'an People's Court today applied summary procedure to hear the case of the plaintiff Qin Liang and the defendant Zhang Jun's dispute over consumer rights protection. This case was tried by Sima Yan, the judge of our court, and Guo Feng, the clerk of our court, made a record. The court has informed the parties of their litigation rights and obligations in writing and will not repeat them. According to the provisions of Article 46 of the Civil Procedure Law of People's Republic of China (PRC), our court explains the right to withdraw the lawsuit. If a judge has the following three circumstances, which may affect the fair trial of a case, the parties have the right to apply for his withdrawal orally or in writing: 1, the parties to this case or the close relatives of the parties or agents ad litem; 2. Interested in the case; 3. Having other relations with the parties to the case, which may affect the fair trial of the case. Now ask the parties whether to apply for withdrawal?
Plaintiff: No application.
Defendant: No application.
(2) Court investigation stage)
Presiding Judge: We conduct a court fact investigation, and the plaintiff states the facts first.
Plaintiff: 200 1 10/On October 28th, accompanied by my father Qin and my girlfriend, I bought a set of wooden furniture (including a three-person sofa, two single person sofa, a big coffee table and a small coffee table) and a TV cabinet from the defendant, with a total price of RMB 3,290.
During the purchase process, I asked the defendant many times about the material of the furniture, and the defendant was very sure that it was a kind of rosewood, and said that an invoice could be issued. In this case, I believed the defendant's claim that although it was not good quality mahogany, it was mahogany after all, so I bought furniture. The above facts are confirmed by the purchased furniture in kind, purchase invoices and the testimony of witnesses Qin, Qin and Qin.
In the process of use, it was found that the material of this furniture turned out to be ordinary wood, not rosewood. I immediately asked the defendant to return the goods, etc. After mediation by Anshi Consumers Association, the defendant refused.
To sum up, I think the defendant did not fulfill his obligation to tell the plaintiff the true information of the goods he bought in the process of selling furniture. Instead, in order to do more business, the plaintiff deliberately answered irrelevant questions, misled and deceived the plaintiff, causing the plaintiff to make a wrong statement of intention and buy the defendant's so-called "mahogany" furniture against his true meaning. The defendant violated the basic principle of honesty and credit that should be followed in civil activities, violated the plaintiff's right to know the real situation of the purchased goods, deliberately concealed the real situation and stated false facts, which constituted fraud.
According to the General Principles of the Civil Law of People's Republic of China (PRC), the Law of People's Republic of China (PRC) on the Protection of Consumers' Rights and Interests, and the Civil Procedure Law of People's Republic of China (PRC), we bring a lawsuit to your hospital and request a judgment according to law. My proposition is:
1, and ordered the defendant to return the goods and the plaintiff's furniture for 3920 yuan;
2. double indemnity, that is, 3,920 yuan;
Presiding Judge: Next, the defendant will reply.
Defendant's attorney: The plaintiff's statement is untrue. 200110/on October 28th, the defendant did sell the furniture to the plaintiff, but the defendant did not tell the plaintiff that the furniture was made of rosewood. The defendant traded with the plaintiff in good faith. This can be seen from the price. If this set of furniture is really "mahogany", it will cost more than 1000 yuan, not nearly 4000 yuan. As for the "pear sofa" written on the invoice, it refers to the design with pear flowers in appearance quality and appearance. The name itself is quoted from the supplier, the manufacturer in Wujiang County. Therefore, I don't think the defendant cheated the plaintiff and asked the court to dismiss the plaintiff's claim.
Presiding judge: According to the original defendant's statement, both parties have no objection to the fact that the plaintiff bought wooden furniture of RMB 3,920 from the defendant on October 28th, 200 1 year/kloc-0. The bill of lading issued by the defendant to the plaintiff on the same day was recorded as a set of "gorgeous sofas" and a set of "gorgeous low cabinets", and both parties had no objection to this. The main focus of the dispute between the two parties is whether the defendant has cheated in the sales process; Does the "pear" on the delivery note refer to the material of the furniture? The two sides provided relevant evidence around this focus.