Zhangsan grant restaurant

Ms. Li sued the court, claiming that Zhang San himself was not kind. He is twenty years older than me and is a chef in our hotel. As a chef, he often starts with me. This kind of touch is unintentional, intentional or unintentional. After a long time, it will be even more unscrupulous after seeing no one in front.

For a long time, on the one hand, I couldn't lose my job, on the other hand, I had to face Zhang San, a salty pig, so I was depressed for a long time, which caused great harm, and I couldn't go to the hospital for treatment, which cost tens of thousands of dollars. So he asked the court to order Zhang San to stop his infringement and compensate him for the loss of 50 thousand yuan.

After the trial, the court first needs to determine a question. Did Zhang San sexually harass Ms. Li? On this issue, our Zhang Sanjian firmly denied that Ms. Lin and I are colleagues. How could we do such a thing? Everyone knows that this kind of sexual harassment cannot be carried out in public, and it is impossible for him to keep the corresponding evidence through letters. How does our Ms. Lin prove this fact?

Ms. Li said that because there was no witness testimony, there was no WeChat or SMS communication between me and her, but I had one piece of evidence to prove that once he harassed me, I really couldn't stand it and called the police. After calling the police, the police did not punish him, but he wrote a letter of guarantee in the public security department. It is written in the guarantee that the guarantor Zhang San told Ms. Li that she was harassing her. He promised to work hard in the future, without any special circumstances, and would never harass Ms. Li or anyone else. Guarantor Zhang San.

Then Ms. Li said, you see, Zhang San said that she would never harass me again, which means that she had harassed me before. And Zhang San said: I just said that she called the police, and I promise to be a good person in the future. I didn't say I harassed him before. So how should the court determine in this case?

In the end, after trial, review and comprehensive evaluation, the court thought that it was difficult to prove its sexual harassment case. Now the evidence obtained by the Public Security Bureau can prove that the content of the guarantee is true. Then, according to the standard of probability, the guarantee can be inferred that after Zhang San received the alarm, it was a regret for the previous things and a guarantee for the later things, so it can be concluded that Zhang San sexually harassed Ms. Li. In the end, Zhang San was sentenced to stop the infringement, apologize, and compensate his mental damages 1 10,000 yuan and other losses 1 10,000 yuan, totaling 20,000 yuan.

So why did the court make such a determination? In fact, there is a perspective of civil litigation, and there is a basic method of ascertaining facts by evidence, which is called the general standard. Simply put. In a high probability, if something can be identified with a high probability of 80% to 90%, then it can be promoted. This is a fundamental standard for promoting and identifying things in civil cases under the integration of reason and law.