Recently, a pregnant woman in Chongqing cut off 32 wedding dresses in the wedding store, which caused continuous attention and rushed to the hot search many times. The latest development is that after consultation between the two sides, the woman has accepted 50,000 yuan in compensation.
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Case Review: Wedding cancellation requires a refund of the deposit
The woman in the video is Jiang Mou, a customer of the wedding dress shop. According to Ms. Chen, the owner of the wedding dress shop, in April last year, Jiang and his family came to the store, booked a wedding package worth 8,000 yuan, and paid a deposit of 3,500 yuan.
Later, Jiang Mou decided not to do the wedding because of pregnancy and asked for a refund of the deposit.
The wedding dress shop disagreed and proposed a solution: "The first clause of the order contract is very clear, if it is not because of our reasons can not undertake the wedding, then the deposit is non-refundable." You can have a baby feast when you have a baby, and this fee can be converted into the cost of a baby feast. Even if your friend is getting married, you can use it to offset the deposit. ”
Jiang Mou disagreed and insisted on returning the deposit. The two sides were unable to reach an agreement and the stalemate ensued.
On January 9, Jiang Mou entered the store accompanied by two police officers from the local police station, and the two sides insisted on their own words, and the police said that civil disputes could communicate and negotiate on their own, and then left; unexpectedly, shortly after the police left, Jiang Mou also ran out, and half an hour later, when he entered the store, there was a scene of 32 wedding dresses cut in the video.
The clerk recorded the video throughout the process and called the police, and the police quickly arrived to take Jiang away.
On January 13, Ms. Chen revealed, "At the beginning, I negotiated to lose more than 60,000 yuan, but I don't know how it happened and I regret it, if she has been unwilling to negotiate a solution, then we will definitely take the legal route." ”
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Lawyer Voice: Or constitute a criminal offense
Liu Xuanxuan, a lawyer at Shaanxi Ruisi Law Firm, believes that there is a difference between a deposit and a deposit, and the deposit has the nature of a guarantee. If the party paying the deposit does not perform the agreed obligations, it has no right to claim the return of the deposit (except for voluntary return), and if the party receiving the deposit does not perform, it shall return the deposit twice. Therefore, the deposit can generally not be refunded, and the deposit can be refunded.
At present, the two sides are negotiating a compensation agreement under the mediation of the public security organs, and netizens are more concerned about whether Jiang Mou, who cut the wedding dress, constitutes a criminal offense. Wu Jinghui, a lawyer at Beijing Yingke (Changsha) Law Firm, believes that from the perspective of behavior alone, Jiang's behavior may constitute the crime of intentional destruction of property, as long as the amount reaches 5,000 yuan, he can be investigated for criminal responsibility, and may be sentenced to fixed-term imprisonment of less than three years, criminal detention or fine; if the amount of destroyed property reaches 50,000 yuan, he may be sentenced to 3-7 years of fixed-term imprisonment. At present, the most important thing is to determine the amount of loss.
If the amount does not reach the second grade, that is, 50,000 yuan, a special system criminal settlement procedure in China can be applied; but if the amount exceeds 50,000 yuan, even if a compensation agreement is reached and the understanding of the wedding dress shop owner is obtained, the criminal settlement procedure cannot be applied, and it should be investigated for criminal liability.
According to the attitude of the wedding shop owner to the incident, the two sides are likely to reach a compensation agreement, and because the incident has not yet been determined, whether it will eventually constitute a criminal offense needs to be investigated by the public security organs, the procuratorate will prosecute, and finally the court will decide. However, regardless of whether it constitutes a criminal offense or not, public security penalties and civil compensation are certainly indispensable.
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Public discussion: Adults pay for themselves
Seeing that public opinion is becoming more and more intense, being widely discussed on multiple platforms, Jiang Mou also responded to this matter, "In fact, (initially) my request was very simple, even if it was to refund me 1000, 2000, but her attitude was very firm, 1 penny was not returned to me, very impulsive, and finally made this extreme behavior, I also regret it!" ”
Jiang Mou stressed that he is not crazy, very rational, only annoyed by the store's tough attitude, will make irrational behavior. From the two details of Jiang's request to the police to accompany the consultation and run out of the store for half an hour, we can see her attitude of wanting to solve things rationally.
Unfortunately, we don't know what really happened in those 30 minutes, so that we can't let her cool down and calm down, but instead get angry and get angry, pick up a pair of scissors and click, let ourselves lose their attitude, and let the incident completely out of control.
In fact, she originally had a chip in her hand - according to Article 91 of the Guarantee Law of the People's Republic of China, the amount of the deposit was agreed upon by the parties, but it should not exceed 20% of the subject matter of the main contract. The amount of 8000 subjects, she gave 3500, equivalent to 44% of the receipt, although the contract came into effect, the deposit was not refunded when the breach of contract, but the excess of 1900 yuan must be refunded unconditionally, which is in line with her initial "even if it is to refund me 1000, 2000" willingness.
It could have been refunded 1900 yuan, but the result was to lose 50000+, which was unreasonable and unreasonable, and it was an impulsive loss.
Is Jiang wrong?
There was a lot of scolding on the Internet, some yin and yang weirdness mocked her horizontally and lack of education, some shouted that the man ran away to ensure safety, and some said that she was not worthy of being a mother, worried that the next generation would not have a good example.
You don't have to. She was wrong, and she had laws that taught her to be a new person, to make her pay the price, and not to have to be pushed to hell by the judges.
What is wrong with Jiang?
As Zhihu netizens mentioned, "A person's behavior pattern is a reflection of his overall values and the epitome of his entire logical way of thinking." ”
Jiang unilaterally tore up the agreement, resorted to violence and angrily cut the wedding dress, and refused to pay the original price, indicating that she disregarded the rules and was unwilling to take responsibility. Ten thousand steps back, she is because of emotional instability during childbirth, depression and anxiety, so she made various out-of-control moves, but even so, the wedding dress shop is not obliged to pay for your "impulses".
From Jiang Mou's wedding accident, we may have taken a very good new year's first lesson, she let us look back inward, reflect, reflect, especially when we encounter problems, do not break out immediately, do not deal with emotions, anything, think twice, things are slow and round.
Things are always new in the world, some people see dust, some people see stars. In 2022, may you take responsibility, grow, move forward, and may you be gentle, calm, tolerant, and be a lovely person!
Wen_Ah Gong Intern_Yang Peixin
Partial NewsFeed_Pole News Source Network
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