Introduction: the script of mock trial. Doc (first, the trial preparation stage)
Clerk:
(1) Check the attendance of the parties and their agents ad litem and invite them to sit down.
(2) The court discipline now declares:
(3) Please ask the presiding judge to take a seat.
(4) Report that the judge and the parties have all appeared in court. Please hold a court session.
Presiding Judge: According to Article 120 of the Civil Procedure Law of People's Republic of China (PRC), the civil court of Changning District People's Court of Shanghai held a public hearing today to hear the dispute between plaintiff Ming Jiang and Zhang Xia and defendant Shanghai Xinghe Hotel. The court is now in session.
(check the basic situation of the parties first. Plaintiff, your name, age, occupation and address?
Plaintiff 1: Ming Jiang, male, Han nationality, employee of Shekou Sub-branch of Shenzhen Branch of Bank of China, living in Shenzhen, Guangdong Province.
Plaintiff 2: Zhang Xia, female, Han nationality, employee of Shenzhen Han Shi Industrial Co., Ltd., living in Shenzhen, Guangdong.
Presiding Judge: Defendant, what's your name, age, occupation and address?
Defendant: Shanghai Xinghe Hotel.
Presiding Judge: The plaintiff entrusted Jian Zhen, a lawyer of Shanghai Jian Zhen Law Firm, to appear in court as an agent ad litem. The defendant has entrusted Shanghai Chiayi Law Firm, Liu Jia and Yiye Wang as their litigation representatives to appear in court.
Do the original defendant and the defendant have any objection to the other party's appearance in court?
Presiding Judge: In the case of the dispute between the plaintiffs Ming Jiang and Zhang Xia and the defendant Shanghai Xinghe Hotel, Peng Pai, a judge of Changning District People's Court in Shanghai, served as presiding judge, and a collegial panel was formed with judges He Jie and Lei Yangzi, and the court clerk took the court record. The court has informed the parties of their litigation rights and obligations in writing and will not repeat them. According to Article 46 of the Civil Procedure Law of People's Republic of China (PRC), the party concerned has the right to apply for withdrawal. The parties consider that the members and clerks of the collegial panel are close relatives of the parties to the case or the parties or agents ad litem; Have an interest in this case; Having other relations with the parties to the case, which may affect the fair trial of the case. Have the right to apply for withdrawal orally or in writing:
Did the plaintiffs Ming Jiang and Zhang Xia apply for withdrawal?
Plaintiff: No application.
Did the defendant Shanghai Xinghe Hotel apply for withdrawal?
Defendant: No application.
(2) Court investigation stage)
Presiding Judge: Let's conduct a court investigation. First, the plaintiff or his agent ad litem will state the facts or read the complaint.
Plaintiff's agent: At about 2: 40 pm on August 23, 2008, the plaintiff ordered the defendant to admit his mistake and apologize to the plaintiff.
All litigation costs shall be borne by the defendant.
Presiding Judge: Has the defendant received the complaint from the plaintiff? Roger that.
Did you submit a reply within the legal time? have
Next, the defendant's representative will read the defense.
Defendant's agent:
1, the plaintiff's claim is unknown. ...
2. The original defendant was told that the tort liability lacked legal basis.
The predictability and diversification of criminal means are not fully foreseen by the hotel.
Presiding Judge: According to the plaintiff's statement and the defendant's defense, the focus of our investigation is whether the defendant has infringed on the plaintiff and whether the parties have any objections.
Plaintiff:No..
Defendant:No..
Presiding Judge: Now we will focus on the evidence and cross-examination in court. First of all, the plaintiff presented evidence to our court, and the defendant conducted cross-examination.
Plaintiff:
Regarding the first focus, ...
Regarding the second focus, the defendant failed to fulfill his duty of reasonable care and violated the contract.
Among the evidences we listed, Evidence 3 proves that the defendant made a promise to ensure personal safety, which belongs to a special behavior in the contract. According to the principle of good faith, the defendant failed to fulfill his promise, causing personal injury and death to the victim and infringing on the trust interests.
Ask the plaintiff to submit evidence to the court.
Presiding Judge: Did the defendant receive the copy of the evidence cited by the plaintiff? receive
Do I need to check the original? need
Does the defendant have any objection to the above evidence provided by the plaintiff?
Defendant: I'm not sure about the authenticity of the evidence. ...
Plaintiff's evidence VII. The submitted list of economic losses and related documents lack basis in scope and calculation standard.
Presiding Judge: Now the defendant presents evidence to our court and the plaintiff conducts cross-examination.
Defendant: Our evidence list. ...
Our evidence 6 proves that the victim did not use the security facilities provided by us, which led to the criminals breaking into houses and succeeding.
Presiding Judge: Please ask the defendant to submit evidence to the court.
Did the plaintiff receive a copy of the evidence listed by the defendant? receive
Do I need to check the original? need
Presiding Judge: Does the plaintiff have any objection to the above evidence provided by the defendant?
Plaintiff: I have no objection to the authenticity and legality of these evidences, but I have doubts about the credibility of the witness testimony in the third evidence, and I request the judge to summon the witness. Name of witness: Lu appeared in court for cross-examination.
Presiding judge: The witness came to court on land.
Witness Lu, your name, age, occupation and address?
Witness Lu, according to the relevant provisions of the Civil Procedure Law of People's Republic of China (PRC), you must truthfully provide testimony and answer questions about the facts you know, and you must not commit perjury, otherwise you will bear corresponding legal responsibilities. Did you hear me clearly?
Now the plaintiff asks questions.
Defendant:
Did the defendant's representative question the witness?
You can ask questions.
The witness can withdraw from the court.
Does the plaintiff have any questions about the defendant?
Does the defendant have any questions for the plaintiff?
Presiding judge: Do the defendant and the defendant have anything to add to the facts?
Plaintiff: No. ..
Defendant: No. ..
Presiding Judge: The two sides did not supplement the facts, and the court investigation was over. According to the above investigation, we found that the plaintiff's daughter, Jiang Xiaowen, was killed in the defendant, Shanghai Xinghe Hotel, and the damage facts can be found. Do both sides have any objection to this?
(Court debate stage)
Let's have a court debate. Now the plaintiff and his agent ad litem will speak.
Plaintiff:
(a) the basic point of view:
…….
Presiding Judge: Next, the defendant's agent ad litem speaks.
Defendant: Defendant: Defendant
The focus of controversy in our hospital is as follows: 1. Is the defendant at fault or illegal? 2. Whether there is a causal relationship between the defendant's behavior and the victim's murder. 3. Whether the victim Jiang Xiaowen is responsible for his own murder. 4. Whether the case is adjusted by the Law of People's Republic of China (PRC) on the Protection of Consumer Rights and Interests. The amount of compensation. Do both sides have objections?
Now let's have a free debate on these five controversial points in turn. Are we clear on both sides?
……… ..
The court debate is over.
Presiding Judge: Plaintiff, any final comments?
Presiding Judge: Defendant, any final comments?
Defendant: Request to dismiss the plaintiff's claim.
(four) the court mediation and judgment stage)
Presiding Judge: According to the provisions of the Civil Procedure Law of People's Republic of China (PRC), on a voluntary and legal basis, our court organized the parties to mediate this case. Plaintiff, do you agree to mediation?
Presiding Judge: Because the plaintiff does not agree to mediation, our court will no longer conduct mediation.
We are adjourned. (adjourn)
Presiding Judge: Continue the trial. After today's court investigation, evidence cross-examination, court debate and collegial panel review, the plaintiff Ming Jiang and Zhang Xia and the defendant Shanghai Xinghe Hotel concluded that the facts of the case were clear, and now the court pronounced the following sentence: (You can read out the full text of the judgment, or you can only read out the facts and legal basis and handle the results, but you must explain the right to appeal. When the verdict was read, the clerk announced that all stood up. )
Clerk: All rise. After the presiding judge withdrew from the court, the parties and observers withdrew from the court. (End of the play)
Shanghai Changning District People's Court
paper of civil judgment
Plaintiffs Ming Jiang and Zhang Xia v defendant Shanghai Xinghe Hotel. After the court accepted the case, a collegiate bench was formed according to law and the case was heard in public. The attorneys of Sun Chuchu, Liu Jianxia and Yang Xiaozhen, the plaintiffs, and Liu Jia and Yiye Wang, the defendants, attended the proceedings. The case has now been closed.
The initial statement claimed that the plaintiff's daughter Jiang Xiaowen was killed in the defendant's hotel because the defendant's safety work was not in place. The hotel's TV monitoring system is in name only, and the security and security personnel are seriously dereliction of duty. No one checked the criminal's documents or registered him as a visitor as required, so that the criminal stayed in the hotel for as long as three hours until the end of his criminal behavior. There is a causal relationship between Jiang Xiaowen's murder and the defendant's dereliction of duty, and the defendant should bear the tort liability. In addition, the defendant made a promise of "24-hour security patrol to ensure your personal safety" to the passengers staying in his hotel, and said that if the service does not meet the promised content, he is willing to bear the responsibilities including compensation. The Law of People's Republic of China (PRC) on the Protection of Consumers' Rights and Interests also stipulates: "When consumers receive services, if their legitimate rights and interests are damaged, they may demand compensation from the service providers". Accordingly, the plaintiff believes that the defendant should bear the tort liability. Request the defendant to admit his mistake and apologize to the plaintiff, and compensate the plaintiff for economic losses of 6 15960 yuan and mental damages of 500,000 yuan.
The defendant argued that as an influential foreign-related hotel, the defendant had necessary and standardized safety rules and regulations and corresponding measures, and there were no objective conditions conducive to criminals committing crimes. Killing Jiang Xiaowen and robbing his property were committed by criminals and had no causal relationship with the defendant's management behavior. The defendant should not be liable for tort compensation. At the same time, the plaintiff made mistakes in applying the Law on the Protection of Consumer Rights and Interests in People's Republic of China (PRC). The service provided by the defendant did not directly infringe the personal rights and property rights of the victim, and the damage result of the victim was not what the defendant hoped or could foresee. Considering that the murder of the victim Jiang Xiaowen caused mental pain and economic losses to the two plaintiffs, the defendant is willing to pay some mental compensation, but does not bear the tort liability claimed by the plaintiffs. In addition, the amount of compensation and the basis for compensation provided by the plaintiff have no legal basis, and the plaintiff's claim is rejected.
It was found through trial that:
1On August 23rd, 998, the plaintiff Ming Jiang and Zhang Xia's daughter Jiang Xiaowen came to Shanghai to attend a drug exchange meeting and stayed in the guest room of the defendant Xinghe Hotel 19 1 1. At about 2: 20 pm, the criminal Song Gang entered the Xinghe Hotel, but the hotel did not register his visit. During this period, Song Gang was on pins and needles in the elevator because of his first crime. At about 4: 40, Song Gang rang the doorbell of 19 1 1 room. After Jiang Xiaowen opened the door, he forced his way into the room and killed him, taking away more than RMB 23,000, RMB 20 yuan and Omega watches worth 7 140 yuan. Later, at 4: 52 pm, he left the hotel with Jiang Xiaowen's women's coat and Jiang Xiaowen's women's backpack.
Check again: Shanghai Xinghe Hotel is a four-star hotel, equipped with a complete video surveillance system and corresponding security measures, and each room has posted corresponding safety instructions.
The above facts are supported by the following evidence: (1) the invitation letter for the meeting issued by China Pharmaceutical (Group) Shanghai Company and the certificate of the company's new specialty drugs division; (2) Report on the corpse inspection of Shanghai Public Security Bureau; (3) The conclusion of Changning Branch of Shanghai Public Security Bureau on the murder of Jiang Xiaowen and the opinions on the disposal of the remains; (4) Photos printed by Changning Branch of Shanghai Public Security Bureau to solve the case; (5) Record of on-site inspection of Changning District Branch of Shanghai Public Security Bureau; (6) Video screenshots of 27 TV monitors; (7) Testimony of witness Jiang Zhiyang.
Our court believes that citizens' right to life and health is protected by law. Citizens and legal persons who infringe upon the right to life of others due to their faults shall bear civil liability. In this case, the defendant, Shanghai Xinghe Hotel, as a four-star hotel, has a large business place and many services, and should have strong ability to foresee dangers and prevent damage, and should fulfill greater security obligations. The criminal Song Gang got on and off the elevator several times in a short time in the hotel, and then left with a woman's clothes and a woman's purse. The defendant's security personnel were unaware of this, which objectively provided conditions for Song Gang's criminal behavior. Therefore, although the murders of the two plaintiffs' daughters were directly caused by Song Gang's criminal acts, the defendants failed to fulfill their security obligations within the scope of preventing damage, so they assumed corresponding responsibilities. However, the daughters of the two plaintiffs did not pay attention to relevant safety matters when opening the door, and there was a certain fault in themselves. Accordingly, according to the provisions of Article 98, Paragraph 2 of Article 106 and Article 1 19 of the General Principles of Civil Law of People's Republic of China (PRC), the judgment is as follows:
1. The defendant Shanghai Xinghe Hotel compensated the plaintiff Zhang Xia for RMB 83,000 within 10 days.
2. Reject the plaintiff's other claims.
The legal costs of this case are 20030 yuan, of which 13000 yuan shall be borne by plaintiff Zhang Xia and 7030 yuan by defendant Shanghai Xinghe Hotel.
If you refuse to accept this judgment, you can submit an appeal to our court within 15 days from the date of service of the judgment, and submit copies according to the number of the other parties, and appeal to the Shanghai No.1 Intermediate People's Court.
Chief Justice. . . .
Judge. . . .
Judge. . . .
. . . A few years. . Month. . sun