Before the Spring Festival last year, a netizen named Mao Xinghuo threatened to sue writer Mo Yan on the Internet. He believes that Mo Yan's works smear China's image and insult martyrs, so he must investigate Mo Yan's legal responsibility on behalf of all Chinese people.
When I saw this news at the time, I thought it was ridiculous, thinking that it was just another Internet farce, and Mao Xinghuo could not really sue. The author also wrote a short article to analyze and argue from the law that his lawsuit could not be accepted.
Recently, a friend told me that Mao Xinghuo really went to the court to sue. And through the article, he made a diary of the whole process of his prosecution.
found Mao Xinghuo's WeChat*** and carefully read the whole process of the prosecution he recorded, and came to a conclusion. This Mao Xinghuo didn't really want to sue Mo Yan at all.
Some friends may retort, saying that you see that people have done so much work: building momentum on the Internet in the early stage, voting through the Internet, and soliciting the opinions of netizens; After that, a lawyer was hired to write a complaint and prepare a large amount of evidence; And in February this year, he rushed from Hebei to a district court in Beijing by car and submitted written paper materials to the court. Isn't Mao Xinghuo earnestly fulfilling his promise to prosecute Mo Yan?
Think about it, if you were going to sue someone, what would you do to prepare?
I think there have to be at least three things. If you don't understand or can't figure out these three points, you're purely fooling yourself.
The first point is to find out the names of yourself and the defendant.
This name must be a real name, consistent with the ID card, and cannot be a screen name, nickname, pen name, stage name, etc. The famous Aunt Qiong Yao sued Yu Zheng back then, and people had to honestly write their and Yu Zheng's real names.
But please take a look at the indictment that Mao Xinghuo made public on February 17. The plaintiff Mao Xinghuo and the defendant Mo Yan are clearly written.
Mao Xinghuo's real name is not Mao Xinghuo, he doesn't know this? Mo Yan's real name is not Mo Yan, as a person who holds a magnifying glass and picks thorns in Mo Yan's works, he doesn't know this? Moreover, he said that the complaint was drafted by a lawyer, and the real names of the plaintiff and the defendant were listed in the complaint, which is basic common sense, and what lawyer would not know?
The second point is that there must be a clear claim and factual grounds.
At first glance, this seems reasonable. But please take a look at his fourth claim, which claims up to RMB 1.5 billion. The lawsuit is subject to payment of court costs and needs to be paid in advance by the plaintiff, and the amount of the court fee is proportional to the amount of the claim.
The first-instance acceptance fee corresponding to the subject matter of the litigation of 1.5 billion yuan exceeded 7.5 million yuan. Even if he didn't know this, didn't the lawyer he hired know? 7.5 million in legal fees, is he really ready to pay?
Moreover, once the court decides against him or even if he wins the case, but the amount of compensation is very low, he will have to bear the vast majority of the litigation costs. As a person who is genuinely prepared to initiate litigation and has to bear the costs of litigation, would such a claim be listed?
The third point is to clarify which court to file a lawsuit with.
Mao Xinghuo went to a district court in Beijing at 4 p.m. on the first day, and the staff told him that the court's case filing division was at another address. By the time he arrived at the filing chamber of the court, the court was already closed. So he stayed in Beijing for one night that day, and on the second day, he went to the case filing division of the court to file a case. The court staff asked Mao Xinghuo to provide information about the defendant's residence in the area, but Mao Xinghuo could not provide it, so the case was not filed.
In fact, according to his previous article, the reason why he chose to file a lawsuit in a district court in Beijing was because he checked on the Internet, and someone said that Mo Yan lived in a district of Beijing.
Regardless of whether this is justified or not, it is impossible to file a case with a subject matter of up to 1.5 billion yuan in the district basic court. Even if he didn't know, his lawyer wouldn't explain it to him?
Therefore, Mao Xinghuo wrote his own article, although he described himself as an indomitable hero, and threatened to carry out the cause of prosecuting Mo Yan to the end. But based on what he did, judging by common sense, he didn't really want to sue Mo Yan at all!