America said lawsuits, many Chinese there seems to be a natural tendency, think this is a very easy thing in America, seemed to spend tens of dollars can easily.

A few days ago to see a living in Kansas, USA Chinese student, in the online public calls for 5000 Chinese, cost $50 apiece, to the local court CNN. In accordance with the naive China young people think, if everyone to spend $50, then the 5000 lawsuit, even Chinese won the chance is very small, but is so large, like a vast expanse of water general litigation "people's war", may have only a lawyer fees, enough for CNN to get more than one bargained for. The undead, also off a layer of skin

But in fact, this idea, in addition to prove that such a bad man, is how insidious and crafty, but exposed in the knowledge and experience, these Chinese's young cynic, the USA judicial system and mode of operation of the shallow ignorance, how amazing

USA judicial categories: divided into "criminal procedure" (Criminal) and the "civil" (Civil) two categories. The former prosecutor, is by the state prosecutor, is also the procurator at. The latter is on the contrary, the prosecution is not an individual, is a private group, national authorities cannot involvement. Although these two kinds of judicial America, procedures are very similar, there is a so-called preliminary hearing, hearing, witness, cross examination and other content, even may also use a jury. But these two kinds of the outcome of the trial, but is completely the opposite. In criminal justice, convicted of a party can not pay any financial compensation, but must accept some degree of physical punishment, including, community service, at home or in prison in prison.. Wait. But civil litigation is borne by the losing party, don't have any similar "corporal punishment" and completely is to pay the price "monetary compensation". The simple argument is "buy peace"

Because of the "civil" is to "person to person" as the means, the final results to the "monetary compensation". Therefore the civil litigation almost cover and contain everything, covering a wide range of. From the car, housing, traffic accident, to intellectual property, trademark and patent, spiritual damage... Almost everything can be the content of the proceedings. The amount of compensation, from several hundred dollars to hundreds of millions of dollars. But, although such proceedings in the American at all levels of court in size, almost all the time on the stage, but this does not mean, these proceedings, can eat like sex as "arbitrary" we must understand that the point is: the rule of law in the West has thousands of years of history, and China law, almost just started. If Westerners in the rule of the accumulation of knowledge and experience, is already an adult, Chinese in this area, and an 3 month old the baby is no different

For example, so far, in what I saw all those brought by Chinese, civil lawsuit against CNN, or advice, no one is not a joke

First of all, to the Kansas China students as an example: the prosecution, will feel very clever, so he boast in their appeal to the letter is a "high IQ". From his "theory of empty talk", deduce if American local courts, really can accept 5000 Chinese sporadic and dense small civil words, then the CNN will very likely lose, or bankruptcy. However, the Kansas China Goon do not understand is: psychological haggard evil, and the legal procedure "operational", not one thing.

He really went to the court to pay the $50? Or, if some really stupid and Beijing ape man to have a ratio of Chinese patriotic fenqing, already follow in his footsteps, to the local courts around the USA, his this "smart" plan into practice? I really hope this tragicomedy staged, don't worry. Because without him, is a fool folly, as a result, most of the smart people to follow involvement. Perhaps someone local people will say: so Chinese is not always very smart? How in this matter is so lack common sense?

I believe that the Kansas Chinese pupils, probably knew nothing of civil litigation America, divided into "big" and "small" two class. Small claims the so-called "" (Small Claim), refers to the amount of the claim under the $5000 lawsuit. A special "small claims court has American around" (Small Claim Court), to hear this type of case. To put it bluntly, is for the convenience of the public lawsuit and the establishment of USA. It has the advantage of simple procedures, (to the court to fill 1.5 the size of the procedure for trial can be), fast (only a judge, no law, no jury trial, 30 days), low cost. ($30 court filing fee, $20 lawsuit against the delivery fee) but also because of "small claims court" is the "short, flat, fast" characteristics, so it is the case, there are special restrictions - not all claims of less than $5000 under the civil case, will is a small court.

When the China Kansas fenqing said he spent $50 on can sue CNN, insiders can immediately know: he was running the "small claims court" (only to small claims court, is so low the cost of litigation) but cheap is cheap, small claims court, they shall clearly: proceedings are not allowed to have a lawyer accompany in court. This is the first limit, whether the plaintiff or the defendant, must also comply with. In other words, even if the small young cynic has the opportunity to tell people the CNN, but his first reckon without one's host - to "high legal fees" to outlast CNN ideas, but will prove to be a "loose talk"

But the second limit is more fatal: this live in North America's "Beijing man" may not know completely, the small court or the specific "economic dispute cases". Between the plaintiff and the defendant, there must be an actual dispute "amount" submitted to the court to. For example, a customer spends $$1000 to repair, the garage but not the car fixed; a tenant rent, the landlord used his $600 deposit confiscated; a shopkeeper, sold to customers 2000 of the goods, but the customer think things are worth only 1000 yuan; or a boss, agreed to pay a 1500 staff salaries, but it jumped the ticket.... And so on these specific money dispute, can through the small claims court verdict, solved.

Because of "the characteristics of small claims court", it is not possible, is also unable to accept civil litigation against CNN similar so that no specific economic disputes "". In America civil litigation system, all with "slander, defamation" related "mental harm" procedure (Personal Injury), are not handled by the small claims court, and must go through the legal way to general - that is to say, a far more complex than the small claims court is more expensive than, the high court the procedure to carry out. In fact, this kind of "libel or slander" (Deformation Or Slander) trial, lawyers before accepting your case, usually charge clients at least $5000 in "the cost" (Retainer). The Kansas Chinese small young cynic certainly find a lawyer for him., just, he most likely don't know is: in the American a special law that, even if it is a green hand, hourly fee standard is between 250-270 dollar. His $50, probably just enough and lawyer talked on the phone for 10 minutes

Now, we can easily imagine a scenario: the China students living in Kansas, this $50 excitedly took his use of several hundred yuan for local small claims court, ran to the window, excited to submit the request to sue CNN form. While inside the court clerk (Court Clerk), after seeing his form of "cause of action", but shrugged his shoulders, shook his head, a pair of very sympathy said to him "Sorry", and then will his $50 cheque, together with the suit together, from the window inside out. Tell him: Hey, you should find a lawyer.. -- I believe, an outcome that is definitely the Chinese young cynic most likely encounter. Of course, if there are other China young cynic "sick gens", the unfortunate step his footsteps of words, I believe the experience, and there is absolutely no than we might have the Kansas friends where to go - it is almost doomed

Another of the CNN complaint, New York Chinese beam beautician, and her lawyers on behalf of Comrade Zhang Haiming, looks better than the "Kansas Wahson", there are more shrewd business abacus. They do not go "small court" this a convenient shortcut. But I will go to the New York high court. That is to say, they found a accused CNN of "libel, slander charges" right way "". And they want the money, not $500, but the billions of dollars of "large".

Lawyer Zhang Haiming comrades that "Kansas Wahson" contrast, after all, is a test out from inside the Bar licensed lawyer. He really America court Litigation (Trial) experience, I don't know. At least, he America law "book" knowledge, still should have a little more. My question is: when he filed the lawsuit, in his mind, how to grasp their own, this lawsuit represented by any chance? Or, he is going to do a similar "bucket windmill" so meaningless heroic act? A lawyer with a case, "money" is the main reason. If he knew this action in its own, most likely don't even have a "Prosecution" opportunity, will die without words, then, his struggle to make this "hyperactivity" type of litigation is why?

I assert his action in the high court, even the "registration" opportunities do not exist, 3 very visible on the grounds of:

The first: "the difference between a discriminatory remarks" and "between moral criticism". In USA, a presenter for their "racial discrimination" remarks assume legal responsibility, but they can not bear the legal responsibility to any similar "moral evaluation" language. This is It is evident to anyone. USA free speech laws, but also guarantee that citizens without being free of discrimination. The key here is the difference between what is a "racist" language, what is "moral evaluation language". If a lawyer can really prove CNN Kafoli used "discriminatory language", so I really want to congratulate him, congratulations to all those involved in litigation Chinese: they probably really will be made.

But we just check the Internet, you can find American court, according to the "discrimination" in case there are many. According to these cases, we immediately can understand law in American, what language is the law recognized, is obviously "discrimination" color. USA court, on this issue, in fact have accumulated very rich experience, for the definition of "discrimination", is also very clear, unambiguous. That these words must obviously relates to a person's age, gender, skin color, appearance, ethnicity, or religious beliefs.. Wait. For example, if Kafoli scold Chinese is "yellow skin of the fool", or "a pair of long crack eye Asian guy" (Slice Eye), so very obvious, he could be accused of using "discriminatory language".

Unfortunately, Kafoli didn't scold. He is that kind of "kill without spilling blood" advanced moral judgment, like Lu Xun and Bo Yang China. Of course he would not, also disdain to use those vulgar, the lower people offering language. He uses, those two words, controversial although demolish with penetrating criticism, but has nothing to do with "ethnicity". This point, even if the Lawyer Zhang we re stupid, also may not agree with "Goons And Thugs" are linked and physiological characteristics of the yellow race together. Instead, these two words have a moral judgment colors strong, specifically those unreasonable, arbitrary, contempt for the rule order, blindly believe that the savage fists and violence. Can be applied to any one without moral civilization, not the evolution of individual or group complete. Not only can the yellow, black people, can also be white. We have so far, also do not see which one American news media, once because of the use of such "moral criticism" language by the court to punishment, no, not a precedent.

So, CNN and Kafoli certainly cannot open this precedent. USA freedom of speech, is the law of the law, but the law of. If the court really want to approve CNN, then we can say: the defendant is absolutely not a Kafoli, is not a CNN. But the whole USA media. From this point of view, Kafoli fate, he is not a person's fate, but fate USA overall media. Lawyer Zhang Haiming, why would the USA media, and even the whole America institution of free speech, all together to to court?

Second: Comrade Zhang Haiming and beam beautician, as they say, is representative of the 1300000000 Chinese sued CNN. It is not, for this is the history of the world, never had, the huge "collective civil cases". (Class Lawsuit). An unprecedented and unrepeatable procedure, fully qualified to enter the "Guinness book of world records". Check the Internet USA judicial history that, dozens of people, hundreds of thousands of individuals, or individual collective against civil procedure of a company, is not rare. However, 1300000000 people collective sued a person, a company, as far as I know, this opportunity is a probability universe large explosion are even lower. Who is the judge and I don't know, but I'm afraid he got this piece of lawyers complaint, the first reaction is probably not myocardial infarction, is a brain haemorrhage. I'm American decades, remember that there are about 2 - 3, had experienced was invited to join the ranks of the story of "collective action". The last time, I also received a lawyer's office sent me an invitation, he represents hundreds of customers against a stock investment company, claims billion. And I have the Listed Companies is also a "stock holder", so, they also invited me to join their free action force. Also because of this experience, I'm on collective action America legal procedures have a smattering of. At least, I know that the lawyers must be the indictment and invitation letter for each possible plaintiff, after they signed authorization, can look prim and proper to tell the judge: he represents Zhang San, Li Si, Wang Wu, Ma six... And so on the plaintiff, sued a person or a company. Of course, the process is not very complicated, but I don't understand is, this 1300000000 person's signature authorization procedures, are we the lawyer had not become? He is how to work?

Third: since the civil procedure to get the money for the highest purpose, so in the USA, one is almost make known to every family's golden laws and precious rules, is even a law lay people are aware of the truth, is called the "no pain, no compensation" (No pain, No Gain). This rule is very clear: tell the plaintiff in civil litigation, you must prove they have "real harm", (Pain Or Injury) and to further prove that, for such harm, causes you to have a certain number of economic losses (Financial Loss Or Damage). Can you prove that these two conditions, you have a legal basis, to the demand of monetary compensation.

That is to say: first, the lawyer Zhang Haiming, must be proved to the judge that 1300000000 people, all because of Kafoli sentence by "psychological trauma". This has almost and the difficulty be roughly the same. Next, he still further proof: 1300000000 people because of this "mental trauma", suffered some irreparable loss of money, this, I think, and pulling her hair to leave the ground to have a ratio of the difficulty? Do not know, and the lawyer will be what kind of rhetoric to deceive us judge? Perhaps, he should go back to the Buddha Ke's head, and he quickly and will be the judge into a pig is not? 　

Well, if the analysis on the three aspects together words, almost immediately I can expect: to the 1300000000 person, $1300000000 in "the case", what happens with its ending. Just don't say won the lawsuit, such cases if it can be through stage audit judge early, is approved by the court, it was a great victory. I guess, probably a lawyer himself, are not so stupid as to believe this case oneself really will be the judge accepted, the trial?

Now the question asked is: if he is not a completely mindless angrily, but know this action in its own hands, completely will appear to be fraught with grim possibilities ending, possibly even in the short term abortion, then why is he so speak in excitement emotion "to bring about"? Isn't he just to chart a "Patriot" reputation?

This is my conclusion: the differences between the lawyer and the Kansas Wahson is the biggest: a know they will fail, another is not know. A knowing it would fail, but to the person, is often a larger, more long-term business abacus. Conscious and chess game "sacrifice", there are different approaches but equally satisfactory results of the wonderful. 　

A failed USA procedure, although it is not possible for him in the USA bring practical benefits, any on the contrary, it may make him lose all standing and reputation. But in the China continent, a "patriotic" red hat, but the gold content is very high "". Abandon American child, take China potential, Zhang lawyers ingenuity to chess master level.

As for the other events of CNN procedure, I think not worth mentioning. A few days ago seemed to see reports, several China lawyer in Beijing or Xi'an there, also began to tell CNN, and hundreds of millions of dollars at every turn and say. I had a look at music: why these guys lawyer license, not the real thing to test out? Not to eat, buy, it must be out of sleep, or even how to "basic knowledge of law in judicial field" that are not? If Calverly was Chinese, bring them to court, then at least in theory is also passable. Can people in the America, now all China, law of the people's Republic, can also be under the jurisdiction of the United States of America territory up to?