As a Lawyer, You Sent the Judge In?

Chapter 166 Famous Scene! Angry at the presiding judge!

 At the court hearing.

Su Bai rubbed his eyebrows. It was obvious that the other party's defense lawyer did not want to bring the topic to a place that was not good for him.

 Starting to talk too much...

 Hey, you are talking about the train, do you want to take the postgraduate entrance examination?

At the plaintiff's seat, Xiao Feng finished his statement and looked up at the defendant.

 Of course he knows what he's talking about.

but.….

The defense in the court trial is like this. If the situation is unfavorable, it will disrupt the opponent's rhythm.

 Try your best to lead the other party astray and strive for corresponding legal benefits in litigation for your client.

 The current situation is that the evidence in the trial and the other party's defense are very unfavorable to the plaintiff, that is, Chen Meixia.

 He can only make statements in this way to affect the subjective intention and judgment of the presiding judge.

At the same time, faced with Xiao Feng’s lawsuit statement.

Su Bai counterattacked: "We do not agree with the plaintiff's defense."

“The legal basis and factual basis are as follows:”

“According to Article 67 of the Civil Procedure Law, the burden of proof and verification.”

“The parties concerned have the responsibility to provide evidence for their claims.”

“Evidence that parties and their litigation representatives are unable to collect on their own due to objective reasons, or evidence that the court deems necessary to hear the case, should be investigated and collected by the court, or the parties request the court to investigate and collect it.”

“The court shall review and verify the evidence comprehensively and objectively in accordance with legal procedures.”

“There is a clear expression in the understanding and application of the Civil Procedure Law:”

“The plaintiff shall provide evidence for the facts on which his claim is based, the facts on which the defendant shall base his defense or counterclaim, and the third party’s request against him, etc.

  In other words, the different claims of the parties must be supported by evidence provided by the party making the claim.

 Parties are responsible for providing evidence and proving the facts on which their own claims are based or the facts on which they refute the other party’s claims.

 If there is no evidence or insufficient evidence to prove the factual claims of the parties, the party who bears the burden of proof shall bear the adverse consequences. "

“For evidence that cannot be collected by oneself, the parties and their litigation representatives may request the court to obtain it.”

“Simply put, according to the law, Chen Meixia does not have enough evidence to prove that Zhang Dahu pushed her, so the court should rule that Zhang Dahu does not need to bear any responsibility according to the law and reject Chen Meixia’s lawsuit.”

“I hope the court can clear our client Zhang Dahu’s name according to the legal provisions.”

Su Bai raised his head and looked at the presiding judge's seat.

 In civil litigation, whoever makes the claim must provide evidence.

 According to the relevant provisions of the law, if you cannot provide evidence for your claim, then what do you claim?

 There is no evidence to form a chain of evidence, so there is basically no problem with the verdict of this trial.

Even though Chen Dahu can’t produce relevant evidence?

 But you, Chen Meixia, can’t provide any relevant evidence.

Then the court would rule in favor of Chen Dahu under normal circumstances.

 Or in other words, the court will reject Chen Meixia’s lawsuit application.

 It’s an old saying.

 If Zhang Dahu is found to bear responsibility, then there is something wrong with the trial judgment of the combined court.

 How to solve the problem?

The judgment here was wrong, so I turned around and reported it to the Procuratorate and Review Department.

 Let’s open a case by the way.

 Su Bai is very familiar with this aspect...

At the presiding judge's seat, Qian Wei pretended not to hear Su Bai's statement and turned his head to look at the plaintiff's seat.

“Plaintiff, when you made your statement just now, you said that Zhang Dahu took the initiative to send you to the hospital, didn’t he, and also paid the medical expenses in advance?”

  Xiao Feng opened his mouth and replied: "Yes, Chief Judge."

Su Bai:? ? ?

 Brows furrowed.

Haven’t I already laid out the laws and regulations and stated them all? Shouldn’t you, presiding judge, ask the defendant?

  Or directly ask the plaintiff if he has any objections... Let the plaintiff state his opinions.

 Now...what does it mean to ask this question?

Su Bai didn't make a sound, silently looking at Qian Wei at the presiding judge's seat in the courtroom.

Li Xuezhen was stunned for a moment, as if she wanted to understand something...

He looked calmly at Qian Wei at the presiding judge's seat.

Qian Wei continued to ask: "Can the plaintiff tell us about the situation in the hospital at that time?"

At this time, Xiao Feng motioned to Li Zhuang, who had been sitting aside, to speak.

Li Zhuang said: "Presiding Judge, what happened at the hospital was that after I arrived at the hospital, I saw Zhang Dahu."

“Zhang Dahu was at the door of my mother’s emergency room. When I arrived, Zhang Dahu looked a little anxious, but there was nothing else going on.”

 Qian Wei turned his head and looked at the defendant's seat: "Do you have any objection to what Zhang Dahu and the plaintiff stated?"

 Zhang Dahu: "Presiding judge, I have no objection."

 “Yeah!” Qian Wei nodded and continued to ask:

“According to the evidence and factual basis provided by the plaintiff, you were the one who advanced Chen Meixia’s medical expenses at that time, right?”

 Zhang Dahu nodded: "Yes, I paid in advance."

“Then why did you pay the advance medical expenses at the hospital?”

 Zhang Dahu frowned and was stunned for a few seconds: "Presiding judge, I don't understand what you mean..."

 Qian Wei stated and emphasized again:

"What I'm asking is, why did you help Chen Meixia pay the medical expenses? What did you think when you paid?"

 “Oh oh...Presiding judge, I understand.”

"I didn't think anything about it at the time, because if the hospital provides emergency treatment, it needs to pay the medical expenses in advance. If you don't pay in advance, the hospital won't handle it. I have no choice but to pay it in advance."

 Qian Wei glanced at the litigation materials, looked up at Zhang Dahu, and asked continuously:

"Then you advanced the payment out of good intentions and did not ask the other party to repay it? Did you do your bravery without expecting anything in return?"

 Qian Wei's words made Su Bai understand instantly.

 Good guy!

 This is for him!

 Because he had previously stated that Zhang Dahu advanced the medical expenses, and the money was equivalent to being lent to Chen Meixia.

 Needs to be returned.

Now Qian Wei asks this.

 Isn’t the purpose already obvious?

Want to use clichés to determine whether the litigation agent’s statement is inconsistent with the client’s subjective wishes?

 Overturn the claim and further determine that the plaintiff has lost the case?

　To put it more seriously, there are even suspicions of forgery...

 And what is the most important thing about this question?

 The most important thing is that there is suspicion of guidance!

 As the presiding judge, should I ask this question?

 It shouldn’t be at all!

 You, a presiding judge, make inquiries with subjectivity and inducement?

 Not too far off!

Su Bai raised his hand and said, "Presiding Judge, we believe that this question is subjective and misleading, and we refuse to answer it!"

 Qian Wei:? ? ?

　　咚咚!

 “Reject the defendant’s point of view!”

“According to relevant laws and regulations at court hearings, lawyers have the right to question behaviors and behaviors that are not in compliance with legal provisions.”

“Please tell me the presiding judge, what are the reasons for rejecting our point of view?”

“The reason is that the question is not provocative.”

 Qian Wei glanced at Su Bai, wondering if he didn't want to get involved in this issue, and then changed the question:

“When you advanced the medical expenses, did you ever think about asking the client to repay them?”

 This question...is a normal inquiry.

Qian Wei took a step back, and Su Bai stopped worrying about this issue.

 When Zhang Dahu saw the verbal confrontation between Su Bai and the presiding judge just now, he knew that this question was not easy to answer, and he was not sure what he should say.

He cast his eyes on Su Bai in confusion.

Su Bai had communicated with Zhang Dahu on various issues before, and he also knew what Zhang Dahu was thinking.

So he spoke softly: "Just say whatever you want..."

　　咚咚!

 Qian Wei banged the gavel.

“Please ask the defendant to answer this question.”

Hearing what Su Bai said, Zhang Dahu breathed a sigh of relief.

"President... My idea at the time was to send the person to the hospital. According to the hospital's regulations, the medical expenses must be paid. Then I thought about paying the medical expenses first and wait until Chen Meixia's family came. Tell them about my advance payment for medical expenses.”

"This advance medical expense is a lot for me and my family. I never said I would not want this advance medical expense."

　　咚!

 Qian Wei frowned slightly, looked at Zhang Dahu, and continued to ask:

“According to the hospital’s payment certificate, you advanced medical expenses more than once, divided into three times in total.

 The first time was when you just sent Chen Meixia to the hospital and paid the medical expenses in advance.

 The second time was for Chen Meixia’s family members. Before they came, the hospital informed you that the medical expenses were not enough, so you paid the medical expenses again.

 The third time is that Chen Meixia’s family members have arrived at the hospital. In this case, why do you continue to pay the medical expenses? "

this problem.…

Why?

Upon hearing this question, Zhang Dahu became excited instantly:

“That’s because Chen Meixia’s family insisted on saying that I was the one who hit her, and they insisted on stopping me and not letting me leave, so that I could continue to pay the medical bills.”

 “I have no choice but to continue to pay the medical expenses.”

　　咚!

“Chen Meixia’s family members stopped you and said you were the one who hit her, but didn’t you explain to them?”

“Did you tell Chen Meixia’s family at that time that you were not the one who hit her, and that you had already paid the medical expenses in advance, and asked them to ask for the advanced medical expenses?”

Zhang Dahu: "I told Chen Meixia's family that I was not the one who hit the person. At that time, they insisted that I was the one who hit the person. I had no choice, so I continued to advance the medical expenses. They said it was me who hit the person. They want me to pay the medical expenses in advance, but they won’t get it back even if I ask for it.”

Facing Qian Wei’s approaching inquiries, Zhang Dahu was obviously a little anxious.

But it’s not his fault...

 Because the purpose of Qian Wei's inquiry is to approach step by step.

Su Bai could see it...Although the other party was immoral in doing so, it did not violate any legal provisions.

　　咚咚!

Qian Wei banged the gavel again: "The defendant is a little emotional, please control your emotions."

 Continue to ask:

“Defendant, according to your statement, you know it was not you who committed the act, but why don’t you argue?”

 “Or not to handle the alarm?”

“Also, when you are facing accusations from family members, you know that you did not do it yourself.”

 “Why do you still need to help pay?”

 “What’s your reason for paying?”

Facing Qian Wei’s three consecutive questions, Zhang Dahu opened his mouth to explain.

“The reason I helped was out of good intentions and I didn’t expect to encounter this kind of situation.”

“Also, I think they will return the money to me after the matter is cleared up. I think there is a misunderstanding between the two of us and it will be fine until the matter is cleared up.”

“Who would think of calling the police for such a thing?”

“There is absolutely no need to call the police. Besides, if we did, both parties would be very embarrassed.”

"But who would have thought that Chen Meixia said well at the beginning and said she would pay me what I should pay."

 “You also need to thank me very much.”

"But he turned around and asked me for money. He also said that I did it and kept blaming me."

 “I was really wronged.”

 “My purpose is simple. I just want to get my own money back.”

 “What other purpose could I have?”

“Isn’t it allowed to do good deeds now?”

 “I am a good person, am I still wrong?”

“I don’t know why this kind of thing happens to me as a good person, but I really can’t explain this kind of thing to me.”

 Chen Dahu spoke emotionally.

 At the trial stage, the presiding judge Qian Wei banged the gavel.

“Second reminder, please pay attention to your emotions!”

 The gavel struck, and the dull sound was particularly harsh.

 Everyone in the court hearing was silent.

 At the seats of the collegial panel members, Zhu Yuanfang and Xie Mingyan both looked at Qian Wei in unison after listening to Zhang Dahu's account.

 When two people originally wanted to say something.

 But I saw Qian Wei banging the gavel

Qian Wei’s expression remained unchanged and he continued to speak, then gave up again.

“Zhang Dahu, on the day of the incident, did you encounter this situation while rushing to work?”

 “Yes, the judge.”

 Zhang Dahu nodded after calming down.

“So why did you encounter this situation on the way to work and were willing to take the initiative to help Chen Meixia go to the hospital? Is this in line with common sense and experience?”

Su Bai:? ? ?

 Zhang Dahu:? ? ?

Even Xiao Feng looked surprised, huh? !

“The defendant is also invited to answer questions.”

 What kind of **** question is this?

I have already asked a series of questions, but the last question is simply outrageous.

Su Bai raised his hand:

“Presiding Judge, as the attorney fully representing our client, I have something to say here.”

“May I ask the presiding judge, can Zhang Dahu do good things? Do good things when he is not at work? What does this have to do with common sense?”

“Our client, Zhang Dahu, has stated that he sent Chen Meixia to the hospital out of good intentions.”

 “This is a virtue and has nothing to do with common sense.”

“Just like rescuing people, according to the law, if you are within the scope of being able to save people, it is an illegal act to fail to carry out rescue.”

“Our client, Zhang Dahu, had the ability to help Chen Meixia, and then he helped her.”

"Any questions?"

“The presiding judge, in the courtroom, pays attention to making judgments based on common sense.

 But more importantly, judgment is based on evidence. Our country's laws stipulate that whoever makes the claim must provide evidence!

The other party has no evidence and no basis. The presiding judge questioned our client Zhang Dahu in such an aggressive manner.

I think the presiding judge violated the fairness of a judge and seriously deviated from the fair and just judgment of the law! "

　　咚咚!

Qian Wei's face didn't look good, but he still ignored Su Bai's words.

Continue speaking:

“May I ask the defendant to explain.

 Chen Meixia was not knocked down by Zhang Dahu. Why did Zhang Dahu help her up and send her to the hospital? "

  “And pay medical expenses three times in a row.”

“Another point is that when he was in the hospital, Zhang Dahu knew that he was doing good deeds out of necessity.

 Facing Chen Meixia’s family, why didn’t Zhang Dahu argue with reason? Why didn’t he strongly express his courageous behavior and refuse to pay the medical expenses?

Based on the above points combined, can the defendant fully express what Chen Dahu was thinking at that time? "

Su Bai:? ! ?

 What question is this TM asking?

I have said it several times before. It was Zhang Dahu’s courageous act that prompted Zhang Dahu to do the following.

no!

This presiding judge Qian Wei has no empathy at all and has never done anything good or good, right?

 The thoughts in my heart are so outrageous.

The kindness that thinks it is impossible for no reason can help send people to the hospital and pay for medical expenses, right?

This is the first time Su Bai has encountered this kind of presiding judge, and it is completely a free trial.

"Presiding judge, we have already stated...Zhang Dahu did these things out of his essential act of bravery, and his help and support are also a kind of kindness in his heart. It is not the so-called collision that was not yours. You Why do you want to help her? Why do you want to send her to the hospital?"

“If the presiding judge insists that it was our Zhang Dahu who knocked Chen Meixia down, then based on the facts, only Chen Meixia’s confession will be used as supporting evidence, according to the relevant evidence content in the Civil Procedure Law.”

“A single supporting evidence cannot form a chain of evidence. Without a chain of evidence, it is impossible to determine that Zhang Dahu bears civil liability for compensation.”

“We believe that Zhang Dahu does not have any corresponding responsibilities to bear.”

“And we believe that the presiding judge’s words and deeds are highly subjective and completely inconsistent with a judge’s view of legal fairness and justice!”

“Is there a necessary correlation between taking someone to the hospital and hitting someone?”

"not at all!"

“Then why does the chief judge insist on this?”

“Do all the members of the collegial panel think so too?!”

Su Bai looked at the judgment seat with sharp eyes.

.

 ….…

On the bench, two other members of the collegial panel, Zhu Yuanfang and Xie Mingyan, saw this kind of fierce confrontation with the trial members for the first time.

However, what Su Bai said was reasonable and his speech at the trial was not inappropriate.

 The court hearing was silent for more than ten seconds.

 Everyone in Xiao Feng’s seat at the plaintiff’s seat was numb.…

Is this Su Bai, the gold medal lawyer at Bai Jun Law Firm?

 Challenge the presiding judge directly in civil litigation.

 Good guy... not only questioned the presiding judge, but also questioned the members of the collegial panel.    This... I admire it!

 As expected, he is a barrister. Generally speaking, if he is not a barrister, he would not dare to do this at all.

 It’s rare to see it!

Xiao Feng recited it silently in his mind and raised his head to look at the judgment seat.

 The members of the collegial panel should be the last to step down now.

indeed.

It is indeed rare for a collegial panel to face these situations.

 Very few people question the collegial panel on the spot, especially in civil litigation.

 At the court hearing table.

Zhu Yuanfang also knew that Qian Wei was not that qualified as the presiding judge this time.

but.…

 In the past, the front committee served as the presiding judge, even when hearing some controversial civil lawsuits.

 It’s not like this...

 What happened this time?

Zhu Yuanfang didn’t quite understand. He sighed inwardly and did not continue to think about it. He came out to smooth things over:

“Okay, the defendant’s lawyer should not be so excited and calm down first.”

 She flipped through two more pages of litigation materials, and then turned her attention to Qian Wei.

Noticing that Qian Wei's expression was wrong, he spoke softly:

“Now that the plea and defense of the trial are almost complete, let’s make the court statement.”

Qian Wei took a long breath, and his mood calmed down. He nodded slightly and did not respond to Su Bai's question.

 Speak slowly:

“Regarding this trial, does the plaintiff have any other factual basis or evidence that needs to be presented?”

 The factual basis and evidence that should have been presented have been presented.

And based on the step-by-step questioning of Zhang Dahu by the presiding judge Qian Wei and the counter-examination by the defense lawyer Su Bai.

 The key to this trial is no longer the plaintiff, but the decision of the presiding judge and the members of the collegial panel.

  Xiao Feng knew this very well in his heart.

 In fact, the plaintiff cannot produce any more evidence or factual basis.

Xiao Feng said: "Presiding Judge, the plaintiff has no other factual basis or evidence that needs to be presented."

　　咚咚!

 “Then let’s start the court statement now.”

“Now let the plaintiff make a court statement.”

 “Okay, presiding judge.”

  Xiao Feng looked through the litigation materials and extracted relevant content related to the statement.

Then he spoke: "Our court states as follows:"

“We believe that our main party, Chen Meixia, did not fall or have an accident happen under the circumstances.”

“Zhang Dahu, as the first person to discover Chen Meixia, is suspected of hitting someone.”

"In this regard, we believe that Zhang Dahu does not have enough evidence to show that the other party does not have the conditions to hit someone."

“And Zhang Dahu has no factual basis or evidence to prove or refute this point.”

“According to the plea just now, Zhang Dahu used courage to explain why he advanced the medical expenses three times and took the initiative to help Chen Meixia to the hospital while at work.”

“There is no evidence to show that he acted bravely and acted out of righteousness, and that he had the motive to evade his responsibility and suspicion.”

“In other words, we believe that Zhang Dahu’s original intention is to escape his relevant responsibilities and does not intend to bear civil liability for compensation. The contents of his plea are all excuses and reasons for evading liability.

 Hence, Zhang Dahu needs to bear corresponding responsibilities for our client Chen Meixia’s medical expenses, mental loss expenses, and subsequent medical compensation expenses. "

“Presiding judge, our court statement has been completed.”

　　咚咚!

“Now please let the defendant start making his statement.”

Hearing that he was about to enter the court to make a statement, Su Bai took a long breath. This trial could be said to be the most outrageous trial he had ever had...

Um.…?

 It was indeed the most outrageous court trial.

 From every angle, this trial was outrageous.

 Especially the attitude of the presiding judge.

This trial was actually over when he stated the legal regulations on who advocated and who gave evidence.

But the presiding judge Qian Wei has been questioning Zhang Dahu, which is completely unreasonable.

From the perspective of the presiding judge, if he had not grasped the direct result of Zhang Dahu knocking Chen Meixia down, he could further search for the chain of evidence from the loopholes in Zhang Dahu's language.

It is simply impossible to question a client like this in court.

 The situation just now will occur unless there are other circumstances.…

 For example, some illegal activities.

 If there really are other situations, then no matter what he says, it will be meaningless.

Even if he really defends the other party, the court judgment will determine that Zhang Dahu bears corresponding civil liability for compensation.

 Be brief and speak less in court statements.

It is really necessary to judge Zhang Dahu to bear civil liability, and then directly file a supervisory review and complete the matter...

Thinking of this, Su Bai said: "President, our court statement is as follows:"

“We refute this court hearing in accordance with legal civil litigation and request that the plaintiff’s lawsuit application be dismissed.”

 “We have laws to follow.”

“The collegial panel is also requested to take into account the evidentiary principle of who claims and who provides evidence when making a decision on this case.”

“Presiding judge, we have finished our statement.”

After finishing his statement, Su Bai looked up at the presiding judge's seat.

 Qian Wei was expressionless on the presiding judge’s seat as he banged the gavel.

　　咚咚!

“We are now entering the adjournment stage. After the one-hour adjournment, the verdict will be announced in court.”

  Accompany the members of the collegial panel as they leave the trial bench.

 At the court hearing.

Chen Meixia showed a proud smile. Seeing this, Xiao Feng remained silent and did not speak.

 He is just a client lawyer who tries his best to assert his client's rights, and the rest has nothing to do with him.

 While on the defendant's seat.

Zhang Dahu seemed a little nervous, because he could feel the invisible pressure brought by the presiding judge during the trial just now.

 Being asked aggressively all the time, anyone would have a bad premonition.

Moreover, the attitude of the members of the collegial panel made him feel that this trial was a bit troublesome, and he had a feeling that the case might be lost.

 Zhang Dahu turned his head and looked at Su Bai: "Lawyer Su...Lawyer Su, what do you think the final verdict will be?"

Su Bai shook his head. He really didn't know about this.

 Because today's court hearing is completely different from previous court hearings.

From the perspective of defense, he believed that the presiding judge had a very high degree of subjectivity and concluded that Zhang Dahu had hit Chen Meixia and deduced the process from the conclusion.

 This is a wrong approach in court trials.

 Because the derivation process from the conclusion creates unequal conditions in the procedure.

  The greater the individual subjectivity of the trial members and the greater the possibility of deriving the process from the conclusion, the greater the possibility of miscarriage of justice.

 Because the identified facts are different from the established facts.

　　　　….

Su Bai breathed a sigh of relief and smiled: "Don't worry...if you are not responsible for this case, the law will definitely clear your name."

“If the first-instance judgment finds that you are not responsible, it is better to say that if it is judged that you are responsible...then you can file a second-instance lawsuit.”

“It may be a bit troublesome in terms of time and procedures.”

“Our Bai Jun Law Firm will make arrangements at that time…”

 “Okay, thank you, Lawyer Su!”

 After hearing Su Bai’s answer, Zhang Dahu was obviously relieved.

 After hearing Su Bai's words, Li Xuezhen on the side kept echoing in her mind the words "determined responsibility".

“If we really lose the first instance and are found responsible, what should we do next?”

Su Bai smiled: "Lawyer Li, don't you know what to do?"

 Xiao Li's eyes were shining brightly, looking forward to the court session.

.

 ….….

 Members of the collegial panel discuss inside the room.

 Qian Wei, Zhu Yuanfang and Xie Mingyan were all sitting on the sofa.

Zhu Yuanfang frowned slightly and looked at Qian Wei: "Judge Qian, how should this case be judged?"

Qian Wei took a sip of tea and then spoke slowly:

“Based on the evidence in the lawsuit defense and the trial, I think this Zhang Dahu is the one who hit Chen Meixia, and he needs to bear due responsibility.”

“You two don’t have any objections to this, right?”

Zhu Yuanfang and Xie Mingyan frowned at the same time.

No comment?

 How could you have no opinion?

"Judge Qian, according to the rules of the Civil Procedure Law, whoever makes the claim must provide evidence. Chen Meixia can't produce any factual evidence that Zhang Dahu hit someone. Isn't this a bit unreasonable?"

I wish you to ask questions from afar.

Xie Mingyan also took up the conversation: "I feel that it is indeed a bit unreasonable... Mainly because the evidence is incomplete. There is only Chen Meixia's confession and the testimonies of passers-by. Isn't this verdict inappropriate?"

“Also...that Su Bai is very difficult in our Nandu legal circle. I don’t think this judgment is very reasonable. Will the follow-up be very troublesome?”

Thinking of that phone call, Qian Wei smiled:

“If we go by the defendant’s defense, this judgment is indeed somewhat unreasonable.”

“But if you look at it from the plaintiff’s point of view, it is reasonable to a certain extent.”

"Look... Chen Meixia fainted. In order to act bravely, Zhang Dahu advanced the medical expenses many times, and also advanced the medical expenses again after the relatives came. Is this reasonable?"

"The essence of this case is that Zhang Dahu knew that there was no evidence, so he insisted that he acted bravely and wanted to evade responsibility. This problem has appeared many times in civil lawsuits... I think there is no problem in judging Zhang Dahu to bear responsibility. "

“But…what are the conditions for the judgment? There is no evidence!”

 Qian Wei signaled to the two of them that it didn’t matter: “It doesn’t matter if there is no evidence.”

“The basis for the determination is a high degree of probability, and the civil litigation in this trial meets a high degree of probability.”

 High degree of probability...is the civil evidence proof rule.

 Several provisions regarding civil litigation evidence published by the Supreme Court in 2001, Article 73.

 In civil litigation, both parties provide opposite evidence regarding the same fact.

  However, there is not enough basis to deny the other party's evidence.

 The court should, based on the facts of the case, determine whether the evidence provided by one party is more probative than the evidence provided by the other party, and confirm the evidence of the party with greater probative power.

to be honest.

  That is, when both parties do not have sufficient evidence, how to determine that the presiding judge has the final say.

So Qian Wei didn't pay much attention to Su Bai at all, because this lawsuit was a civil lawsuit, and it was highly probable that it was not a violation of regulations.

Even if he decides that Chen Meixia wins the case, there will be no problem.

What can Su Bai do to him? You can't handle him at all!

 What's the problem with this judgment? No problem either!

 He believes that the evidence is strong on the plaintiff's side, so the evidence is on the plaintiff's side. Is there any problem in judging the plaintiff to win?

 There is no problem at all.

 Even if in fact Zhang Dahu didn't crash into that house, what happened? That's what he said. If there's no problem, that's what he said.

Zhu Yuanfang and Xie Mingyan looked at each other when they heard the high probability, sighed slightly, and both of them fell silent.

“Well, this decision is mainly based on the opinion of Judge Qian, right?”

 Qian Wei nodded: "Yes!"

Seeing Qian Wei nod in response, neither of them said anything more.

.

 ….….

 The court adjourned soon and the time was over.

 As the clerk called for the court to reopen, the three members of the collegial panel walked to the hearing stage.

 Dong dong dong!

 Qian Wei banged the gavel.

“The adjournment is over, and the court will now reopen to prepare for the verdict.”

“The cause of this case: The plaintiff believes that the defendant knocked him down and requires him to compensate for medical expenses, mental losses and follow-up treatment expenses, so he files a lawsuit.”

“This court has jurisdiction over this case, and all applicable laws shall be in accordance with domestic laws.”

“After deliberation and decision by the collegial panel, the judgment on this case is now as follows:”

“1: The plaintiff’s fall and coma were not caused by disease, but by external factors.

According to the analysis of daily life experience, in addition to tripping, slipping and other self-caused situations caused by external factors, there are also situations where others are knocked down or knocked down by external factors.

 Neither party stated during the trial that Chen Meixia tripped or slipped, and the defendant did not provide corresponding counter-evidence.

Based on the existing evidence in this case, it is determined that Chen Meixia was knocked down or touched by external factors.

According to life experience, after analyzing a person being knocked down by an external force, the first thing to do is to determine the source of the person who was knocked down.

 Identify who knocked someone down.

Based on the evidence in this case and Chen Meixia’s confession, Zhang Dahu was immediately identified.

Based on common sense analysis, it is very likely that Chen Meixia was knocked down by Zhang Dahu.

 And: If Zhang Dahu was brave enough to do good deeds, the first thing he should do is to find the person who knocked down Chen Meixia.

ˆAccording to social logic, Chen Meixia’s family member, Li Zhuang, should have paid the first medical fee before leaving the hospital.

 Instead of staying in the hospital and paying for the second and third medical treatment.

And if Zhang Dahu acted bravely, he should have explained the situation immediately after Li Zhuang arrived at the hospital, instead of continuing to pay the third medical fee when Li Zhuang thought Zhang Dahu was the one who knocked down Chen Meixia.

 Based on the above analysis, Zhang Dahu was determined to be the person responsible for knocking down Chen Meixia. "

“Two: The verdict is that Zhang Dahu shall compensate Chen Meixia for medical expenses, mental loss and follow-up treatment expenses of 400,000 yuan.”

“Three: It is decreed that the plaintiff’s litigation costs and attorney’s fees shall be borne by the defendant.”

“This case will be judged by the Nandu Dongcheng Court in the first instance.”

“If both the original and the defendant have any objections or doubts about this judgment, they can file a retrial with the Nandu Intermediate People’s Court, or submit a review request to the relevant supervision and review department.”

“The judgment will be issued within ten days to the issuance address filled in by both the plaintiff and the defendant.”

 “Closed court!”

 Dong dong dong!

 The sound of the gavel also means that the trial is over.

  ? ? ? ?

 What does this last judgment mean?

 It was determined that Zhang Dahu was the person who knocked down Chen Meixia.

 There is a long list of things mentioned above.

Based on life experience, social reasoning, and human nature analysis, how can we judge Zhang Dahu as the person responsible for knocking down Chen Meixia?

 You have no evidence, so you can analyze it based on life experience and social reasoning, right?

If all the judgments are made according to the above, then do you still have a few wrong cases on your hands?

 In court, evidence is not about evidence, but life experience is about it, right?

good!

Let’s not talk about anything else, let’s not talk about whether Zhang Dahu really bumped into Chen Meixia.

Even if I really hit you, can you make a blind judgment without evidence?

 You base it on life experience. Aren’t you the one who has the final say on life experience?

what?

 The right to interpret the law is in your hands!

If a judge like this doesn’t look at evidence but life experience, isn’t that just nonsense?

Some wrongful convictions are caused by this highly subjective behavior.

 Are you worthy of the badge on your body? !

Su Bai quickly packed up the litigation materials in front of him, and then waved his hand for Li Xuezhen to follow.

Li Xuezhen was curious: "Lawyer Su, where are we going so quickly?"

 “Go to the prosecution and review department next door.”

Li Xuezhen opened her eyes wide, her face full of surprise:! !

 “Go to the prosecutor’s office?!”

 “Okay! Lawyer Su!”

Li Xuezhen trotted to keep up with Su Bai.

 Other people at the court hearing:? ? ?

Qian Wei frowned slightly: This is the same as the rumors in Nandu... It is true that if you disagree, you will go to the prosecutor's office.

just go.

 Qian Wei pretended to be calm, so what if he left... His judgment was based on legal basis, and there was no problem...

The procuratorial department is here. ... the big deal was withdrawn, and it was determined that there was a certain problem in his judgment.

How can we send him in?

The two people next to Qian Wei, Zhu Yuanfang and Xie Mingyan, couldn't help but feel their hearts skip a beat when they heard the conversation.

The other party went directly to the supervision and review department. Is there something wrong?

 After looking at each other.

They seemed a little nervous, but when I thought about it, Qian Wei led the judgment and the collegial panel's research... and I couldn't help but feel relieved.

I don’t know why, but I watched Su Bai take Li Xuezhen and Zhang Dahu away from the court hearing.

 Qian Wei is also a little uneasy...

 No, did you really go?

 PS: Please give me a monthly ticket~

Two in one~

 (End of this chapter)