Traditional Culture Encyclopedia - Almanac inquiry - Ask for a short legal play.

Ask for a short legal play.

I searched a few for you for your reference. You must do it yourself. When it comes to creation, it's useless to get more marks.

First of all, the short play: debt collection

Migrant workers' sheds (next to small temples in mountain villages)

Migrant worker A: (Henan accent) "Uncle Meng, why are you stuck in your head and silent?" My nephew said some unpleasant things. If you don't go to Chengguan Township to default on our wages, we will drag you to the municipal government to petition and complain, or go to court. "

Migrant worker B: "Litigation? Now we can't even open the pot, even chew the steamed bread, and there is no fare to go home! Where did you get the money to go to court? "

Migrant worker C: "(wiping tears) If I had known this, I wouldn't have come out as a road repairman! Originally, I was hoping to earn some hard money and take it back to treat my dad who collapsed on the kang! I didn't expect to go back to my hometown now. This is really a pit! Uncle Meng, you are our elder, and we trust you to come out and work with you! We have worked hard for a year, but we have no money to divide the work. If I go back to the village, will my father be more angry when he knows? "

Lao Meng: "Alas! There is really no way! You big nephews met, and I ran to the village for two months. The village leaders either didn't meet and asked the doorman to kick me out. Or point at my nose and scold me, saying that I have influenced their work and I have committed the crime of obstructing official duties! ! Alas! I've lived most of my life, and I've never been so wronged and embarrassed! Me! I don't even want to live! In order to undertake the road construction projects in these two villages, I have been busy for half a year! I won't tell you how much welfare I have invested. It cost tens of thousands to buy people a drink! I, with my hard-earned money, paid 50 thousand miles in advance for these two villages! Alas! I am sitting on a stove now, and my whole body is burning! "

Migrant worker A: "Well, let's go to court and sue them ..."

Lao Meng: "Silly boys, who are they?" They are townships, secretaries and townships. Who should we sue? How dare we migrant workers sue the township government? Huh? He is also a serious first-class government. Wow! I don't blame the government for making my life difficult! "

Migrant worker B: "Sue? Hum! There is nothing to sing in "The Last Play"-the master's yamen is wide open, and those who have no money shout. "

Migrant worker A:' You have an old calendar book. What time is it now? This is an era of legal system. I often read newspapers at home, and there are often some cases on them, including the content of' people's accusation'. To tell the truth, I wrote to the Municipal Legal Aid Center last month, so our experiences are all written in detail. I wonder if you care about our events. "

Lao Meng: "You! Dream on! Nowadays, lawyers can earn a lot of money, and a famous lawyer may not get it even if he spends a lot of money! Alas! Think of something else! If I really can't, I'm fucking dead! I jumped from the building of Chengguan Township Government. "

Migrant worker C: "Uncle Meng, don't do that stupid thing! It's no use jumping. If you fall into a paste, people will ignore you even more! "

Migrant worker C: "Shit! If I don't get paid, my father's illness can't be cured. Mama of, their immortal heart is so black, so cruel? I, I was armed to the teeth in the Woods outside the house! I can tie the explosives and detonators we used to cut the mountain to the sand dunes, and I will see them today. " (Pulling up his clothes to reveal the explosives and detonators bound inside) I'm throwing caution to the wind. I must argue with them. If not, I will fly to heaven with them. "

Lao Meng (with tears): "Big nephew, you are still young and alive!" " If I leave, who will let me drag you into the fire pit? Even if I go back to the village, I'm ashamed! I have lived in my fifties, and my life is worthless! You unload the explosives and detonators, and I'll take them up to greet the dogs! "

Lao Meng once unloaded the explosive charge and detonator device on migrant worker C, but migrant worker C refused to unload it. Several migrant workers pulled over and several people sobbed.

Lawyer Sun came in: "Is this the work shed of Henan contractor team?" What are you doing? You can't fool around! Who is Tian? "

Migrant worker A: "My name is Tian, and you are ...? "

Lawyer Sun: "I am a lawyer of Shishan Legal Aid Center. My surname is Sun. "

Lao Meng: "Oh dear! We are talking about the legal aid center! Lawyer Sun, sit down! Oda, pour a cup of tea. "

Migrant worker A: "Where can I find tea?"

Lao Meng: "Then pour a cup of boiled water for lawyer Sun."

Migrant worker B: "Where can I find boiled water? We don't even have coal for cooking. "

Lawyer Sun: "Don't be busy, let's talk about something!" " ! I have read your letter to the legal aid center in detail, and I think it is necessary for me to come over. I also think I can help you win this lawsuit.

Under the concern and supervision of the State Council, Article 26 of the relevant documents issued by the Ministry of Justice and the Ministry of Construction stipulates that if the employer defaults on the labor fees of migrant workers, the administrative department of labor security shall order it to pay the wages of the workers within a time limit. If it fails to pay within the time limit, the employer shall be ordered to pay compensation to the migrant workers according to the standard of more than 50% and less than 0 times of the payable amount:

The state has instructed the relevant units to provide legal services and legal aid to solve the problems of arrears in project payment and wages of migrant workers, and has already issued documents and notices. However, the township government like Chengguan Town ignores the relevant regulations and blindly defaults on the wages of your migrant workers, which will be restricted by law.

After our legal aid center understands and pays attention to you, you will be able to use legal means, through legal services and legal aid, to solve the practical problem of the village's arrears in your project payment and wages of migrant workers in time. You, Oder, have a lot of brains. He is very concerned about state affairs! Your business is actually not only a matter of whether the wages of migrant workers can be solved, but also a matter of whether the construction market can develop healthily, whether the legitimate rights and interests of the people can be truly guaranteed, and whether social stability can be stable. In order to solve the problem of arrears in project payment and wages of migrant workers, the superior requires legal service institutions and personnel to actively and seriously provide timely and effective legal services for migrant workers, so I came here anxiously. As a lawyer, I should do my duty!

As a lawyer, I also want to publicize the Construction Law, Labor Law, Contract Law and other relevant laws and regulations to you! It can also enhance your awareness of obeying the law, consciously protect the legitimate rights and interests of workers, truly understand your own legitimate rights and interests, and enhance your awareness of safeguarding rights!

At the same time, we should also publicize the regulations on legal aid, so that you can understand the object, conditions, scope and application procedures of legal aid, which can also improve your awareness and ability to use legal means to protect rights! Now you advocate building a harmonious society. You should enhance your legal awareness! "

The migrant workers applauded.

The township head came in: "Oh dear! Am I late? Farmer brothers, you are wronged! Are you in a hurry for salary? The purpose of my coming here is to come with the members of the village leadership team, that is, to conduct on-site office work and settle your project payment and construction labor cost immediately, and it is a one-time settlement. (Migrant workers cheer and applaud) "On behalf of our township government, I deeply apologize to your peasant brothers ..." (Migrant workers applaud again).

-The end of the play-

Second, excellent mock trial plays in civil litigation.

Date: June 2006 12.

Venue: mock trial Civil Court of Harbin Engineering University.

Characters:

Presiding Judge: Zhou Wei

Judges: Yang Ping and Zhang Ziqi.

Clerk:

Plaintiff: Liu Xuejuan, female, 25 years old, a teacher of Nanjing TV University in Jiangsu Province, living in Xuri Garden, Xuanwu District, Nanjing.

Agent of the plaintiff:

Defendant: Zhejiang Hangzhou Lejin Cosmetics Co., Ltd., located in Hangzhou Economic and Technological Development Zone.

Legal Representative: Dai Zhenhua, chairman of the board of directors of this company.

Defendant: Suning Global Shopping Center in Nanjing, Jiangsu Province.

Legal Representative: Liu Xiaoyong, director of the center.

Authorized Agent: Yao Hai, male, lawyer of Hao Wei Law Firm in Ning 'an.

Cause of action: consumer rights protection dispute

Summary of the case: Plaintiff Liu Xuejuan filed a lawsuit with the People's Court of Gulou District, Nanjing City, Jiangsu Province for a consumer rights dispute with defendants Hangzhou Lejin Cosmetics Co., Ltd. (hereinafter referred to as Lejin Company) and Suning Global Shopping Center (hereinafter referred to as Suning Center).

(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 Liu Xuejuan, female, 25 years old, a student of Nanjing TV University in Jiangsu Province, and I live in Xuri Garden, Xuanwu District, Nanjing.

Agent of the plaintiff:

Presiding Judge: Defendant, what's your name, age, occupation and address? Is there an agent?

Defendant 1: My name is Dai Zhenhua, chairman of the company. Zhejiang Hangzhou Lejin Cosmetics Co., Ltd. Address: Hangzhou Economic and Technological Development Zone. Entrusted Yao Hai, a lawyer of Hao Wei Law Firm in this city, as the general agent.

Defendant's agent:

Defendant 2: My name is Liu Xiaoyong, and I am in charge of this center. Suning Global Shopping Center, Nanjing, Jiangsu Province, Address: Hunan Road, Nanjing.

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 held a hearing today to hear the dispute between plaintiff Qin Liang and defendant Zhang Jun on the protection of consumers' rights and interests. 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 granted withdrawal. 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: On June 26th, 2004, Appellant Liu Xuejuan bought a bottle of Haixi Blue O (superscript 2) Time Rejuvenating Liquid (suitable for skin rejuvenation) produced by Appellee Lejin Company in Suning Center, with a net content of 130ml and a price of 170 yuan. The bottom of the cosmetic outer packaging box is marked with "Limited use date: recorded on the bottom or side", and the bottom of the built-in glass container is marked with "Limited use qualified 2007.438+05438+0.438+0". I opened the bottle after I bought the cosmetics. Plaintiff bought Hercynian O (superscript 2) revitalizing water produced by defendant Lejin Company at defendant Suning Center. On the outer packaging of this cosmetic, there is no indication of the use period and correct use method after opening the bottle. The plaintiff bought such cosmetics, and it is difficult to use them correctly. Lejin Company did not correctly label cosmetics on the outer packaging, and Suning Center sold such cosmetics to consumers, which violated the plaintiff's right to know according to law. Defendant: 1. Mark the service life of the bottle mouth on the outer packaging of Hercynian O (superscript 2) light rejuvenation liquid, and provide the corresponding test report; 2. Explain and mark the method of correctly using goods or receiving services.

Presiding Judge: Next, the defendant will reply.

Defendant entrusts agent:

Presiding Judge: According to the statement of the original defendant, the focus of the dispute in this case is: 1. Does the "limited use date" marked on the cosmetic package in this case include the use period after opening the bottle? 2. Whether to mislead consumers to mark "restricted use date" on the cosmetics in this case; 3. In this case, whether LG's labeling method for cosmetics infringes consumers' right to know; 4. Should we support the idea that the outer package of Hercynian O (superscript 2) Time-Rejuvenating Liquid should be marked with the service life after opening the bottle? The two sides provided relevant evidence around this focus.

Plaintiff: Plaintiff Liu Xuejuan submitted the shopping invoice, the packing box of Hercynian O (superscript 2) Time Skin Rejuvenation Liquid and four photos to the court to prove the prosecution facts.

Presiding Judge: Does the defendant have any objection to the invoice?

Defendant: There is no objection to the authenticity and contents of the invoice provided by the plaintiff. Defendants LG Company and Suning Center have no objection to the shopping invoice submitted by plaintiff Liu Xuejuan, but think that the code on the box reflects that this box of Hailan O (superscript 2) Time Revitalizing Liquid is not sold by Suning Center.

The defendant Lejin Company submitted the trademark registration certificate, enterprise standard record number, production license, hygiene license, inspection report of Hangzhou Center for Disease Control and Prevention, packing box and instructions of Heleland O (superscript 2) rejuvenation liquid to the court, which proved that its approved production of Heleland O (superscript 2) rejuvenation liquid was qualified cosmetics, and explained the correct use of the cosmetics to consumers.

Defendant Suning Center submitted to the court the joint sales counter contract from June 5438+February 2003 to June 5438+February 2004, the packaging box and instructions of Hercynian O (superscript 2) revitalizing liquid, in order to prove its legal distribution of Hercynian O (superscript 2) revitalizing liquid.

Presiding judge: What is the plaintiff's opinion on the evidence provided by the defendant and the contents to be proved?

Plaintiff: Liu Xuejuan has no objection to the authenticity of the evidence submitted by LG and Suning Center.

Presiding judge:

Defendant:

Presiding judge: Do the defendant and the defendant have anything to add to the facts?

Plaintiff: No. ..

Defendant: No. ..

Presiding Judge: The parties have nothing to add to the facts, and the fact investigation is over. The following is the court debate around the focus of the dispute.

First, the plaintiff will speak in the debate.

Court debate stage)

Plaintiff: Article 64 of the Enterprise Standard of Hangzhou Lejin Cosmetics Co., Ltd. (Q3301KLOC-0/) of the appellee Lejin Company clearly stipulates: "The product meets the specified storage conditions, and the shelf life of the product is four years under the condition of intact packaging and unopened". Cosmetics come into contact with air after being opened. With the changes of temperature and environment, as well as the different usage habits and sanitary conditions of users, their effective components are easy to change, and the shelf life after being opened will be greatly shortened. On June 26th, 2004, the appellant Liu Xuejuan bought Haixilan O (superscript 2) Time Rejuvenation Liquid, and the "expiration date" marked on it was June 2007165438+1October 2nd1,which should mean that the product met the specified storage conditions, was well packaged and unopened. The first trial found that "this period should be regarded as the safe use period before or after opening the bottle" is wrong. Therefore, the court is requested to support the plaintiff's claim. Presiding Judge: Next, the defendant made a speech in the debate.

Defendant entrusts agent:

Defendant:

Presiding Judge: Both sides hold their own words.

Plaintiff: Consumers buy cosmetics not for long-term collection, but for cleaning, protecting and beautifying the skin. Once the cosmetics deteriorate, it will harm the health of consumers through the absorption and penetration of the skin. Therefore, what consumers really care about is not the shelf life of cosmetics under unopened conditions, but the service life after opening. In order to ensure the safety of consumers' lives and property when using products, Item (4) of Paragraph 1 of Article 27 of the Product Quality Law stipulates that products used within the prescribed time limit shall clearly indicate the production date, safe use period or expiration date in a prominent position. The appellee Lejin Company only marked the "limited use date" on the outer packaging of Hercynian O (superscript 2) Light Skin Rejuvenation Liquid, but did not indicate that this date refers to the shelf life of the product in unopened state. In the first trial, Lejin Company also interpreted the "limited use qualified date" as: "Normal use under normal storage conditions can guarantee the quality without exceeding the service life of the bottom of the bottle." As a professional in cosmetics production, I still can't correctly explain the true meaning of "restricted date". Consumers are not professionals. Without special instructions, it is reasonable to understand the "limited use date" as the safe use period after opening the bottle. Therefore, only marking the "limited use date" without explaining the true meaning of the date can not make consumers correctly understand the safe use period of cosmetics, which is misleading to consumers.

Defendant:

Plaintiff: According to the national standard GB 5296.3- 1995, the general label of cosmetics must indicate the production date and shelf life, or the production batch number and expiration date. According to the Product Quality Law, the production date, safe use date or expiration date should be clearly indicated in a prominent position for the products to be used within a time limit. Looking at the two regulations, the product quality law only puts forward higher requirements for the identification method of restricted products, and the two are not contradictory. Article 8 of the Law on the Protection of Consumers' Rights and Interests in People's Republic of China (PRC) stipulates: "Consumers have the right to know the real situation of the goods they buy or use or the services they receive. Consumers have the right to require business operators to provide information such as price, place of origin, producer, use, performance, specifications, grade, main components, production date, expiration date, inspection certificate, instruction manual, after-sales service or service content, specifications and expenses according to different conditions of goods or services. . "The producer who uses the products within a time limit shall indicate the safe use period of the products in a prominent position and clearly inform the consumers. The appellee Lejin Company only marked the "qualified date of restricted use" according to the national standards, but did not mark the safe use period of the products according to the provisions of the Product Quality Law, which infringed the appellant Liu Xuejuan and other consumers' right to know according to law.

Defendant:

Plaintiff: After two trials, Appellant Liu Xuejuan has understood that "limited use qualified date" only refers to the shelf life of Haixi Blue O (superscript 2) Time Recovery Liquid in unopened state, and now she still requires Appellee Lejin Company and Suning Center to mark the service period after opening the bottle on the outer packaging of Haixi Blue O (superscript 2) Time Recovery Liquid. As for the service life of Hercynian O (superscript 2) light rejuvenation liquid after opening the bottle, both Lejin Company and Suning Center said it was difficult to determine. According to the law, LG and Suning Center, as the operators of cosmetics, have the obligation to inform consumers of the safe use period of Haixilan O (superscript 2) age rejuvenation liquid in a clear and unmistakable way after opening the bottle, so as to ensure consumers to use cosmetics safely. Hard to be sure, not uncertain. Enterprises should, in line with the purpose of serving consumers, directly mark the use period after unsealing, explain the true meaning of "restricted use qualified date", or warn consumers that they can't continue to use their products, so as to help consumers fully understand and correctly use their products and eliminate possible misunderstandings. Lejin Company and Suning Center demanded to dismiss Liu Xuejuan's claim, which was difficult to identify and could not be established.

Presiding Judge: There is no new debate between the two sides. The debate is over. Let's ask the final opinion of the parties.

Plaintiff, any final comments? .

Plaintiff: Insist on the claim.

Presiding Judge: Defendant, any final comments?

Defendant: Request to dismiss the plaintiff's claim. (four) the court mediation and judgment stage)

Presiding Judge: We will mediate this case according to the relevant provisions of the law. Defendant, what is your mediation opinion?

Defendant: Do not agree to mediation!

Presiding Judge: What is your mediation opinion, plaintiff?

Plaintiff: Before the lawsuit, both parties had negotiated many times, but the defendant did not have the sincerity to mediate. I don't want to mediate now, waiting for the verdict.

Presiding Judge: Because the plaintiff does not agree to mediation, our court will no longer do mediation work, and the following sentence will be pronounced.

We believe that the facts of this case are clear and can close the case.

The appellee Lejin Company and Suning Center have the obligation to inform consumers of the safe use period of Hercynian O (superscript 2) age rejuvenation liquid after opening the bottle. In civil litigation, the law only protects the legitimate rights and interests of specific civil subjects, so the obligee and subject matter in civil litigation should be specific. Liu Xuejuan, the appellant, asked LG and Suning Center to mark the service period of opening bottles on the package of Haixilan O (superscript 2) Time Rejuvenation Liquid. Although this claim is reasonable, it has involved an unspecified subject of rights and subject matter, which is beyond the scope of this case and is difficult to fully support. However, this lawsuit request contains Liu Xuejuan's desire to know the service life of this bottle of Haixi Blue O (superscript 2) Time-Rejuvenating Liquid. As a consumer, Liu Xuejuan enjoys the right to know. This part of the lawsuit is reasonable and legal and should be supported.

To sum up, the first instance found that the facts were wrong, and the judgment rejected all the claims of the appellant Liu Xuejuan, which should be revised according to law. On this basis, the Nanjing Intermediate People's Court ruled on March 10, 2005 in accordance with Article 153, Paragraph 1 (3) of the Civil Procedure Law of People's Republic of China (PRC):

First, cancel the civil judgment of first instance.

2. The appellee Lejin Company and Suning Center informed the appellant Liu Xuejuan in writing of the service period of opening the bottle of Haixi Blue O (superscript 2) Light Revitalizing Liquid within three months from the effective date of this judgment.

Three. Liu Xuejuan, the appellant, was dismissed for asking LG and Suning Center to mark the service life of the bottle on the same products as the Hercynian O (superscript 2) Age Rejuvenation Liquid they purchased.

The acceptance fee for the first and second instance cases totaled 65,438,000 yuan, which was borne by the appellant Liu Xuejuan and 40 yuan by the appellee Lejin Company and Suning Center.

If you refuse to accept this judgment, you can submit one original and two copies of the appeal to the Intermediate People's Court of Ningtai City within 15 days from the date of service of the judgment.

The court is closed. The parties shall read the written record and sign it in our court within five days after the hearing.

Clerk: All rise. After the presiding judge withdrew from the court, the parties and observers withdrew from the court.