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Dedicate One's Mind - Chapter 102

Published at 19th of November 2021 05:35:40 AM


Chapter 102: 102

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I don't know if there is any update today. See the title for what you're doing. You can have a look at the boring ones, both laughing and scolding, and calm philosophy.

This morning, I accompanied my father to the court to file a lawsuit. The case of migrant workers seeking salary was filed on January 27 (before the Chinese New Year). Due to the impact of the epidemic, the court did not open until March 12.

Because of different reasons, it is divided into two cases, one is labor dispute and the other is loan dispute.

To put it simply, my father helped someone work. Because the time and place were not fixed, he didn't sign a contract. He worked for about a month, including material costs, hire fees, wages, etc., totaling 9000.

Someone hinted that he was short of money recently. My father thought that this person introduced his work and was kind to him, so he borrowed him 5000. He transferred money through wechat without a debit note, but only some ambiguous voice of borrowing money.

Two pieces add up to almost forty thousand!

The next thing, needless to say, in a word, the man owed it for various reasons.

This is not the main content I want to say today. I mainly talk about the negotiation process between me and the court and other departments. Well, I want to start spraying. I do not deny that today is the day when my nine-year compulsory education is trampled under my feet and I am severely educated by the society. There are few such opportunities.

Because things are small, I won't say much about all kinds of difficulties when filing a case, that is, when writing a lawsuit, I didn't study law, but history. The format is based on the Internet, and some legal knowledge is made up overnight.

What's disgusting is that the person who receives the lawsuit points out the mistakes one at a time. If he doesn't finish at once, he will let you run back and forth several times. If it weren't for the glass, he would want to beat him several times.

By consuming the cost of time and energy, you don't solve the problem you ask, but you, the person who asks the problem.

Talk about the course of today's court session. I hope it can be used for reference for you to file a lawsuit in the future.

The case opened at ten o'clock. My father and I went more than an hour in advance. We sat for a long time and didn't see the defendant. In fact, the defendant didn't appear from beginning to end. At nine forty, my father and I were summoned to court. Use the drama version to interpret the process for you.

Judge (straight to the point): for your two cases, only the loan case, with the evidence of wechat transfer, you can hold a court session. For the remaining case, because there is only your own labor record credentials (that is, the records of ordinary migrant workers on their working days), there is no signature from the other party, and because there is no contract guarantee, it is not recommended to hold a court session. Even if the court session is held, we will reject your appeal on the grounds of insufficient evidence.

Father (in a hurry): ordinary migrant workers, who would ask the boss to sign the book recording their work? Although there was no signature of the defendant, when I was working, there were co-workers present, which can be used as witness.

Judge (awe inspiring, iron faced and dignified): workmates working together may give false testimony, which can't be counted as evidence. This is a procedure. The law should have rules. It can't settle the case. You'd better go back and find the evidence again! You'd better revoke this lawsuit! (he is also the person who raises the problem, but he doesn't solve the problem)

(father sighs and frowns, and I come out)

Me: we will not revoke this lawsuit. Migrant workers have worked hard for a month in exchange for this? At present, the evidence found is sufficient to hold a court session.

Judge: not to open the court, not you has the final say, the defendant you want to sue is also a scoundrel. There are many cases in our case. It has not been implemented for several years. I've been an old Lai for a long time. I'll eat and die.

(my father and I looked at each other. It's hard to implement!)

I (don't give up, insist): it's one thing whether he can pay off or not. Sue or sue.

Judge (impatient): didn't I tell you before? Insufficient evidence!

I (very dissatisfied, for ordinary migrant workers, this is all the evidence we can find): there are both human and material evidence. How to say that there is insufficient human and material evidence?

Judge: you say people owe you wages. People also say that your father has done bad things for others. Even the money your father lent to others is compensation for him! (it is true that the project here was reworked. The defendant spent 3000 yuan on reworking, which was explained and reduced in the complaint and will not be recovered)

I (laughing angrily): when the court starts the trial, there is a defense link. As a plaintiff, I want to perform my power.

Judge: the defendant is not here——

Me: online video, call, should be OK.

Judge: no such statement.

Me: many courts have done this recently.

Judge: that's another place. We don't have it here.

Me: the whole country has a game of chess. It can't be without it.

Judge (suddenly stopped his work, stared at me and pointed upstairs): the president is up there. Go and consult him. Can you hold a court session online? You go find him.

(I still want to speak, but I don't listen to the judge, so I have to go upstairs to find the president. If it's a drama, this should be the second act)

Me: Excuse me, can I have an online hearing here? The case can't stay here without the defendant.

President: it has been proofread. Your labor dispute case has insufficient evidence and cannot be heard. We will not accept it.

Me: This is all the evidence we can find.

President: don't tell me this. If our staff hadn't carefully approved your loan certificate, otherwise, your 5000 yuan case might not have been able to stand up!

Me: one yard is one yard. I must get my father's hard-earned money!

The president (glancing obliquely at the Law Series I held in my right hand, said irritably) the children without hair think they can become lawyers after reading a little books! Ah!!! Pretend to understand. The court is your home. You can open it if you want.

……

(after that, they argued for a long time. They were all adults. Their psychological endurance was not so good. They were just in a bad mood throughout the whole process. But they felt that they had nine years of compulsory education and had read about dogs. They said they were college students. They couldn't even help their father to ask for a salary.)

This is what happened to me in the court today. There is no exaggeration in the description of looks and actions, and even the sentence of the president lingers in my ears for a long time and cannot be forgotten.

In fact, after the court, he went to the local police station. In the end, only one case was established, that is, the one who borrowed money. It was originally intended to be handled as a criminal case. After all, the defendant owed a lot of money to many people, and the Lao Lai list has no binding force on such people.

Township police stations play Tai Chi. Let's go to the next higher police station. The criminal cases are not under their control. After asking clearly that this is a migrant worker asking for salary, they intend to push it to the relevant departments. As a result, they can't even find the relevant departments. They are speechless. Doesn't it mean that the state attaches great importance to the problem of migrant workers?

If the individual is from a literary background, it may be almost enough to vent a wave of emotions here, but I want to say more, rise to the perspective of philosophy, and analyze why the court is not willing to file a labor dispute case from a higher dimension.

This is actually a system problem. In fact, it is the same who comes. I hope my experience can be used as a reference for historiography.

Before discussing this issue, let's ask a question. What do you think is the main contradiction in China today?

By the way, it is actually the problem mentioned in the No. 1 document every year - the three rural issues. People of insight discovered this main contradiction more than a decade ago.

Again, what do you think are the main aspects of the main contradiction? From the three rural issues, which is the main aspect of rural farmers' agriculture?

There may be a consensus on the above question, but not the following one. In fact, I don't think there is a standard answer, because the three rural issues are Trinity.

Talking about farmers, the biggest problem is that under the profits of agricultural production, at the moment of socialized mass production, it is not enough to maintain the small-scale peasant economy, there is an employment crisis and become migrant workers dependent on cities.

Some of them are not successfully integrated into the city, the tide goes in and out, they have land and land at home, and they return home when they are unemployed or old. It is standard. The old petty bourgeoisie has weak ability to resist risks.

The remaining part is successfully integrated into the city and carries the traffic of the city operation. It is not the factory owner or the shareholder of the hospital and school. It has not obtained the means of production and the general existence of social animals. It can be regarded as entering the estate from petty bourgeoisie.

The last few who have access to the means of production are the real bourgeoisie.

Ask yourself, if you were born in a rural area, what part would you be in.

The problem of migrant workers is actually the problem of urbanization. Draw the blackboard and hit the key points.

As the center of industrialization, cities can obtain several times of output with double investment. From the perspective of efficiency, the "not stupid" government will invest finance into cities. The land finance brought by rapidly expanding cities is the main tax revenue of the government for many years.

The more you pay attention to efficiency, or the more market-oriented society, you need to solve the problems of electricity, water, gas and oil in rural villages.

Efficiency and fairness, most of the time, are a pair of contradictions. On the day when the trade union appeared, the capitalists learned to pay by piece. They didn't force you to work. You made this money yourself.

To tell the truth, in today's world, China has done a better job of fairness. The so-called free medical treatment abroad, waiting for ten days and a half months, and the so-called free education are all concentration camps for poor students.

The expenditure on the three rural issues is actually the government's maintenance of fairness, not only the maintenance of rural roads, the maintenance of mountain cables, but also teachers' support for education.

Under market-oriented operation, even if there are road tolls, there may not be investors to build roads. Some meager electricity revenue can not even make up for the power loss of transmission.

These are indeed commendable. However, as many people say, these are face projects. Many new officials take office to build roads, achieve quick results and promote quickly. On the contrary, no one is willing to bite some difficult bones such as medical treatment and education.

Naturally, court proceedings also belong to this difficult bone.

To tell the truth, every year, in order to solve the problem of migrant workers asking for wages, the government has thought of many ways. After all, it is a pain point for people's livelihood and also a difficulty. However, when the policy comes to the bottom, it is often commonly known as good scriptures. In the end, it is still migrant workers who solve the problem by their own means.

Most of the grass-roots cadres feel tired and the masses have no sense of gain. For example, now I can gently express my anger through words, which is my last bottom line. It is my last duty not to complain about the president.

There is really no recording, otherwise I will spend 200 yuan to buy a microblog hot search and let him hang up for a few days. Ctmd, don't get me wrong. This is a abbreviation of traditional virtue, which is translated into ancient Chinese and called biqiniang.

When social fairness cannot be maintained by the government, various forces naturally came out to maintain it. In ancient times, there were chivalrous men who killed the wicked with a sword. Han Feizi thought he had usurped the power of the state. Today's forms of expression are more insidious. Through media public opinion, fan public opinion and oppress the court. Sometimes, it is the villains who complain first and whine.

If the court is reasonable, it may stand straighter. If it is not reasonable, it will soften in minutes.

Efficiency and fairness, like demand and supply, have a balance point. Science and technology are the primary productive forces. There is nothing that can not be said to others. Efficiency must be more dominant.

Fairness is only invested on the basis of ensuring efficiency. Do you think it's different from the politics book in high school? It's the old version of the politics book after the change. It says that it pays more attention to efficiency.

Research and development of space rockets and poverty alleviation. The latter has invested a lot of money, but it is a bottomless pit. It is not as good as everyone being poor and both rich and poor. If the former has made a technological breakthrough, it can carry out poverty alleviation at a lower cost. The country is rolling like a snowball.

Therefore, seeing here, I think it is not difficult for you to understand why the state insists on industrial transfer while helping the poor. In fact, this is also the process of industrialization and Reindustrialization.

Why is my case not accepted? What's the problem? Did you find it?

On the case itself, is the evidence really insufficient? I don't think so at all. Migrant workers record the work list. Day by day, the price is accurate to two decimal places. Who will be bored to do this perjury.

It's even more ridiculous for witnesses to give false testimony. It's going to take legal risks. Even if there's something else to say, can't you find out about the monitoring on my father's way to work? I really don't know whether I work or not?

You may laugh when you hear my method. Well, my first question is to analyze it from an economic perspective. In short, it is the word cost.

It's difficult to find out a case. It's not a human life lawsuit. Ten thousand dollars is not enough for his business trip. The court also needs funds to operate!

National finance mainly supports big cities, because it will play a leading role and lead the national GDP. Relatively speaking, even poverty alleviation is just a bottom story. In short, it is a civilized society not to let you starve to death. How can it happen that easy children eat each other.

With less financial expenditure, there will be less infrastructure, less personnel expenditure, low wages and more life for grass-roots cadres. Talk about socialist brotherhood? Can you do anything? (some Qingshui elderly care yamen are not included in what I said)

If the fiscal expenditure does not change, what the grass-roots government should do is to maintain stability and escort the improvement of efficiency.

This is the top priority. As long as it is not a major event, it can be covered up. Due to lack of financial resources, people who have spare heart but lack strength simply solve the problems turn a blind eye to the problems.

The state stipulates that more than three people died in the accident should be reported to the central government. Therefore, some governments clearly know that four or five people died in the accident, they must also rescue and send the dead to ICU.

Zhu Yuanzhang skinned the grass and found that there were few corrupt people. It was better to pay a high salary to keep clean.

When there is external pressure, the grass-roots government can not maintain stability and hinder the improvement of efficiency, they will operate at an extraordinary speed. There are two kinds of pressure, one from the top, not much to say, and the other from the bottom, which is usually the so-called pressure of public opinion.

This is the logic behind the fact that some people in many populations are easy to handle affairs, and the distribution is based on chaos. The former is hidden and has a clear understanding.

Next, from a political point of view, or from the perspective of civil servant promotion, I know that the defendant is an old Lai and has a precedent of refusing to implement. I continue to accept the case and go to implement it. Don't I find myself guilty?

The implementation rate of the court continues to decline. Do you want to go further in your political career in the assessment of officials?

If I can still calm down from the previous economic analysis, from a political point of view, I'm sorry. Is it meaningless for you to eat taxpayers' rice and smash taxpayers' bowls.

In order to solve the problem of migrant workers, where has the state earmarked financial resources gone? If I hadn't seen in Xinhua news agency and people's daily years ago that the State Council held a special press conference to discuss relevant matters, would I have encouraged my father to go to court?

Yes, I am an ordinary student, not a member of the Communist Youth League, let alone a party member. I was the most hated type of teacher in school.

However, when my generation of highly educated people grow up, their awareness of the rule of law will increase, they know how to safeguard their legitimate rights and interests, and those who rely on "being able to handle affairs" to drive away the petitioners will have no place to stand.

However, the side effect may be that some previous means of sacrificing fairness to maintain efficiency will not be on the table.

However, such growth has been abolished. As a bottom layer, I am happy to see its success.

I can accept that the working attitude of government service personnel is not good, because the price is equal to the goods, but I don't want to serve myself as a "competent person" who relies on prevarication.

What ability does the person who raises the problem have? Go and have the ability to solve the problem! It was said before that the finance is not enough, but now the money is given, and people's mentality does not change.

I think it's still what * * * said. Change people without changing ideas.

Now the people's wisdom is gradually open, and they still want to implement the previous policy of fooling the people. I would like to advise you: My Lord, the times have changed, and the Qing Dynasty has died.

Finally, let's talk about the situation of the case. I just got an oral reply from the staff. If this person doesn't accept the execution this year, let him enter the cell. I think it means more comfort.

When I met someone, I didn't get my salary. I even swallowed the loan. On the way home, my father kept muttering that he won't work with strangers in the future.

Rule of law vs human society, my father didn't want to work and sign a contract in the future, because he knew it was unrealistic and chose to return to human relations. Not surprisingly, my father should not deal with these "capable people" in the future.

If I can, I don't want to deal with these "capable people", but I still have a long way to go, not necessarily in the future.

In the final analysis, the rule of law society is just a skin outside the human society. The general rules of the acquaintance society are contrary to the rule of law society. The brilliance of the city masks the obscurity of the countryside.





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