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This article was published by Tencent Information Editor. Com in: mobile phone Tencent information channel.
[Transfer] The record of a wronged girl Huang Jing suing ASUS.
Huang Jing, a female college student, claimed $5 million from Asustek, so she was jailed for 10 months. A "Decision of Non-prosecution" issued by Haidian District Procuratorate in Beijing has cleared Huang Jing once again, and she will also receive state compensation for it. However, this did not make Huang Jing choose silence. A few days ago, Huang Jing and his lawyer decided to file a lawsuit against Asustek, making Huang Jing once again the focus of media attention.
65438+1At about 8 pm on October 28th, the reporter of Morning Post met Huang Jing in a coffee shop near Jinsong Bridge in Chaoyang District, Beijing. Huang Jing in front of him is 1.7 meters tall and very thin. It is difficult for the reporter to connect her with the girl who was accused of extorting 5 million dollars. Where is the basis for the claim of $5 million? Is it suspected of extortion? When interviewed by the Morning Post reporter, Huang Jing and his agent, Zhou Chengyu, were indignant and claimed that they had been framed and imprisoned by ASUS, "because I ordered the execution of ASUS".
[Huang Jing Event Background]
1On the evening of October 28th, the reporter met Huang Jing and his agent Zhou Chengyu in a cafe in Chaoyang District. The reporter greeted Huang Jing on his own initiative, and Huang Jing replied softly, his eyes passing over the reporter's face, revealing a trace of anxiety. During the conversation, Huang Jing always trapped his thin body in the soft sofa, playing with his long hair from time to time to cover his eyes. When Huang Jing answers every reporter's question, he has to think for a while, and his answer is often short. Zhou Chengyu, who was on the side, made many supplementary speeches.
Zhou Chengyu told reporters the ins and outs of the whole incident.
"shocking scandal" in CPU
On February 9th, 2006, Huang Jinghua, a junior majoring in English in capital university of economics and business, bought an ASUS notebook for 20,900 yuan. I didn't expect it to break just after I took it home, but it still didn't work after several repairs.
During the last maintenance, ASUS engineers told Huang Jing that in order to apologize, ASUS could upgrade the computer's 2.0GHz CPU to 2. 13GHz for free. For ASUS, Huang Jing readily promised. Unexpectedly, this ASUS notebook with a new CPU turned into a "hot potato" after booting. Less than an hour after starting the computer, the plastic pad on the computer desk has been ironed by the fuselage.
In the evening, Huang Jing told her mother, Ms. Long, about her experience on the phone. Ms Long immediately called Zhou Chengyu, a business partner studying for a master's degree in computer science in Tsinghua University, and asked him to come and have a look.
Zhou Chengyu downloaded an Intel processor application and tested Huang Jing's laptop. After testing, a sentence "The CPU installed in this computer is an engineering sample processor of Intel" suddenly appeared, which surprised Zhou Chengyu.
Zhou Chengyu explained that the engineering sample CPU is provided by Intel Corporation to computer manufacturers for testing and developing new products free of charge, and the sample is prohibited from being put on the market due to various drawbacks.
Subsequently, Huang Jing and Zhou Chengyu collected all kinds of evidence. And hired a lawyer, Shu Mei, to start defending the rights of ASUS.
After five negotiations, the arrest warrant was obtained.
On February 4th, 2006, Huang Jing, Zhou Chengyu and ASUS met face to face for the first time. After that, the two sides held five negotiations, but no settlement was reached. Huang Jing proposed that ASUS should invest 5 million US dollars to set up the China Anti-Consumer Fraud Foundation, otherwise a civil lawsuit will be brought to Haidian District People's Court.
Regarding the asking price of $5 million, Zhou Chengyu explained that Asustek had offered compensation "far beyond the legal scope", but "compensation of several hundred thousand yuan was not enough for this multinational company to warn itself of fraud", so they decided to make "punitive" compensation for Asustek.
Zhou Chengyu learned that the business volume of ASUS in 2005 was as high as $654.38+000 billion, so he proposed to the other party to pay compensation of 0.05% of the total annual income, about $5 million.
On March 7, 2006, when Huang Jing and Zhou Chengyu appeared in Asustek again, the police detained them on suspicion of extortion.
Zhou Chengyu told reporters that Huang Jing and he are going to hold a press conference on March 8th to announce that ASUS will use the beta CPU. On the morning of the 7th, Kevin·Z, the brand director of ASUS, who was in charge of negotiating with them, called Huang Jing many times and said that the dispute would be settled once and for all. Huang Jing and Zhou Chengyu arrived as promised, and the police who had been waiting here showed their arrest warrants.
10 month in detention center
On March 7th, 2006, Huang Jing was arrested on suspicion of extortion and spent 10 months in Haidian Detention Center.
Zhou Chengyu said that Huang Jing was born in a wealthy family in Shijiazhuang and lived a carefree life. After Huang Jing went to prison, Zhou Chengyu didn't see her for the first time until July 28th when the procuratorate arraigned her. Zhou Chengyu recalled that when Huang Jing in a yellow vest appeared in front of him, he could hardly believe his eyes. Huang Jing, who was lively and active before, had dull eyes and a rickety figure.
Zhou Chengyu encouraged Huang Jing, "Hold on, you will definitely go out as soon as possible." At the same time, the lawyer hired by Ms. Long exchanged views with the case undertaker, suggesting that Huang Jing's move was not fraud, but excessive rights protection. These views are gradually accepted by Haidian Procuratorate.
On February 26th, 2006, 65438, Haidian Procuratorate released Huang Jing on bail pending trial on the grounds of insufficient evidence.
A year later, the procuratorate admitted the mistake.
On June 9th, 2007, 165438+ Huang Jing, who wanted to get a statement, finally came to an end: Haidian Procuratorate decided not to prosecute Huang Jing on the grounds of insufficient evidence. According to the decision not to prosecute, the procuratorate decided not to prosecute Huang Jing because the facts of Huang Jing's crime (extortion) identified by Haidian Public Security Bureau were unclear and the evidence was insufficient.
Huang Jing's lawyer then filed a state compensation claim, which was also responded by Haidian Procuratorate. In the Notice of Examination of Criminal Compensation Application sent to Huang Jing by the procuratorate in June this year, he admitted for the first time that he had "violated laws and regulations".
According to the Notice, Huang Jing publicized Asustek's use of beta CPU through media exposure, and negotiated compensation with Asustek. Although this method is threatening, it is qualitatively different from "coercion" in extortion. Huang Jing's claim in the form of exposure after his rights and interests have been violated is not an act of encroachment, but an act of safeguarding rights. Asking for $5 million is an act of excessive rights protection, but it is not a crime of extortion.
Get your innocence back and sue ASUS
After regaining their innocence, Huang Jing and Zhou Chengyu still don't give up defending their rights to ASUS. Zhou Chengyu said that he had evidence to prove that ASUS concealed the fact that the CPU in Huang Jing's computer had been replaced by an engineering sample CPU when reporting the case to the police, which led to the bad consequences of Huang Jing being unjustly imprisoned 10 months.
Zhou Chengyu said that at present, ASUS has deleted all information about computer maintenance and component replacement in Huang Jingzhong, trying to cover up the fact that the company replaced the engineering sample CPU.
The reporter checked the relevant records and found that on April 13, 2006, Xu Youjia, general manager of China Business Group of ASUS Company, said in an interview with Guangzhou Daily that ASUS had never sold so-called fake CPU or test CPU, so they dared to report the case.
Yesterday, Mr. Zhang Ping, the head of Huang Jing Lawyers' Group, confirmed to reporters that at present, Huang Jing has filed a lawsuit against Asustek, first demanding that Asustek stop the infringement and apologize, then suing Asustek for manufacturing and selling fake and shoddy goods, and finally suing Asustek for false accusation and framing.
Huang Jing: I have no selfishness in asking for $5 million in compensation.
Reporter: How is your life now?
Huang Jing: I don't usually go out. I usually read books and surf the Internet at home. On the internet, many people support me, and I am very grateful.
Reporter: Looking back on the whole thing now, have you ever regretted it? For example, if you didn't buy this computer? Huang Jing: (looking down thoughtfully) I don't know how to answer your question. Excuse me, may I not answer?
Reporter: Do you have any objection to your claim of $5 million? Is there no selfishness in this? Huang Jing: I can only say that I hope you can understand me. Yes, I claimed $5 million, but I stated at the beginning that I personally didn't want the money. Since I started looking for ASUS, I never thought about how much money I would get. I did this because what ASUS and Intel did made me realize how difficult it is for an ordinary consumer to defend his rights.
I want to use this money to set up a foundation against consumer fraud. On the one hand, punish these unscrupulous profiteers, on the other hand, let those who encounter difficulties in the process of safeguarding rights have a place to seek help and help more people to safeguard rights.
Reporter: Zhou Chengyu said that he blamed himself very much for what happened to you. How to evaluate this agent? Huang Jing: He apologizes every time he sees me. Actually, neither my mother nor I have ever blamed him.
Reporter: Next, you will sue ASUS. What kind of results do you want? Huang Jing: I hope they (ASUS) can stand up and apologize to consumers all over the world. I hope they will be punished as they deserve.
Reporter: What are your plans for the future?
Huang Jing: I don't think this can be expected, and I don't want to expect it. I hope this will have a good result.
[ASUS response]
The reporter called ASUS like a stone.
Kevin·Z, brand director of Asustek Beijing Branch, is the representative of Asustek. 1From October 28th to 30th, 10, the reporter called Kevin·Z's office phone and mobile phone several times, trying to verify, but no one answered. The text messages sent by reporters are also sinking into the sea.
Yesterday afternoon, the reporter called ASUS Beijing branch again. After learning the reporter's interview intention, the operator transferred the call to the media liaison department, but the other party's phone was never answered.
[Expert opinion]
Claim for sky-high price is not a criminal offence.
Huang Jing's unjust imprisonment was pitiful, but he was criticized for asking for 5 million sky-high compensation. Some netizens speculated that Huang Jing's alleged extortion was directly related to the $5 million compensation. Yesterday, legal experts said in an interview that whether Huang Jing's behavior constitutes a crime has nothing to do with the amount of compensation, and even the sky-high claim does not constitute a criminal offence.
Qian Lieyang, a senior criminal defense lawyer in Beijing, said that the Huang Jing case should belong to the civil category, and the amount of the claim should be settled by both parties themselves. If compensation is not obtained, consumers have the right to sue or resort to media supervision. Qian Lieyang believes that if enterprises are afraid, it is a question of market endurance and psychological endurance, and both sides can play games in an equal environment.
"Whether it is $5 million or 1 dollar, the sky-high claim does not constitute a criminal offence." Wang, a professor at the Law School of Renmin University of China, believes that in the case of Huang Jing's arrest to defend his rights, businessmen have defects in business ethics. It is up to consumers to decide whether to let the merchants pay $5 million or how much. The court can decide whether it is too high or too low, not how much support consumers will get, but also depends on the legal basis and exercise the right of appeal through equal laws.
Wang believes that exposure through the media is also a solution. If businesses realize that consumers have to pay the price, they will be punished if they are hurt, which is good for social development.