As a Lawyer, You Sent the Judge In?

Chapter 331 Court trial: One versus five, defendant: How can we lose without even looking at who we are?

  If food, industry, commerce and sanitation are brought to court, it is still a normal administrative lawsuit.

 Then the reconsideration unit already falls under the jurisdiction of the administrative local area.

 This time it can be said that four departments and a third-party supermarket were sued to court together.

 There are five defendants in total!

To be honest...this kind of situation is relatively rare in civil and administrative cases.

 It can even be said to explode.

 After all...who sues five at once?

Isn’t that completely outrageous? .

 ….

 Filing a lawsuit is relatively simple. The court of first instance is the Jinshi South District Basic Court.

So to file a second instance, you only need to submit relevant litigation materials to the Tianjin Intermediate Court.

 It’s just that among the issues involved in this case, there are relatively many situations.

And in civil cases, you generally need to collect relevant evidence clues yourself.

 Because in general civil litigation cases, the basis is who claims and who provides evidence.

 If the plaintiff files an appeal request, the plaintiff must produce relevant evidence to sue the defendant.

 Sentence the defendant based on relevant evidence.

 In terms of evidence, Xiao Pingjun’s preservation is relatively complete.

Furthermore, several other family members of children suffering from food poisoning also retained the original tickets purchased and relevant certificates from the hospital.

 It can be proven that the food poisoning occurred due to expired food purchased in the supermarket.

 There are not many problems with the evidence in this case.

 The reason why the case was lost in the first instance.

 This is because at that time, Xiao Pingjun’s lawyer entrusted a mistake in the main content of the lawsuit and the starting point of the lawsuit.

 So it led to the final failure of the lawsuit.

 The existing circumstances and evidence are much richer than those in the first instance.

 So in the second instance.

If the presiding judge does not intervene judicially, the case will basically not be lost.

 One more thing…

Like some simple administrative cases, there will be no administrative interference in the judiciary.

 Because the Public Security Bureau and the relevant administrative departments are irrelevant.

 Overall, Su Bai believes that there are no other major problems in this case.

Even if there is, it is only in the implementation stage and there is a certain degree of difficulty.

.

 ….

 Soon.

Su Bai after sorting out the relevant evidence and new facts.

 An appeal was filed.

 This case encountered no other circumstances during the appeal stage.

 The court accepted the second-instance appeal request of this case.

 For administrative cases, and incidentally related third parties.

 A common approach for courts is to conduct relevant mediation first.

The presiding judge who accepted the case this time, named Peng Guangliang, set the time for the trial.

Peng Guangliang contacted Su Bai and wanted to ask for his opinion on reconciliation:

“The appellant has entrusted a lawyer to sue five defendants at once, four of whom are administrative.”

“There is also a review unit. Isn’t this a bit much?”

“I would like to ask your opinion, can this case be settled?”

Su Bai said: "Judge Peng, this case is not about whether I want to settle or not."

“This case involves the unresolved claims of our client and other victims.”

“If the defendant can deal with it in accordance with the relevant claims of our appellant, then I will directly withdraw the case.”

"May I?"

Su Bai can understand the judge's approach.

 But he acts as a sole attorney.

 Everything must be based on the client’s litigation claims at that time.

This case has reached the stage of appeal.

That certainly cannot be solved.

Even if he wants to settle, what about the defendant? Is the defendant willing to settle?

uncertain!

Peng Guangliang, as a judge of the Administrative Tribunal, shook his head when he heard this request.

 This kind of case... To be honest, as a judge, I also find it very difficult.

 Because this kind of case is difficult to handle.

You decide, it’s not easy to enforce, it’s a slap in the face to your colleagues.

 Let’s not judge...According to the provisions of the law, it is difficult not to judge.

 So under normal circumstances, he will ask the appellant and the defendant to reach a settlement.

To be honest, as a judge, he is the one who is in the most difficult situation in this kind of case.

 Following normal procedures, Peng Guangliang contacted other departments and proposed reconciliation.

 Discuss whether this matter can be reconciled.

 But the response from other departments is that if they are willing to litigate, then litigate.

  Reconciliation is definitely not possible.

 File a lawsuit against them?

 Come on!

 Are they still worried about litigation? You definitely don’t have to worry!

 Peng Guangliang:.…..

 ….

 On the other side, Jinshi South District.

 Dafa Supermarket, in the general manager’s office.

Wang Hai was sitting in his office, frowning slightly as he looked at the summons submitted by the court.

Dafa Supermarket was founded by Wang Hai and has been in the Southern District for about ten years.

To be honest, opening a supermarket usually requires dealing with industrial and commercial, food, health and other departments.

 He has been here for more than ten years and nothing has happened to him before.

Who would have thought that this time Xiao Pingjun bought expired food from him and not only wanted to fight him in the first instance, but also wanted to fight him in the second instance!

They even asked the supermarket to close for a few days, inspect expired food, make a public apology, and pay compensation.

 Let’s not talk about the damage caused by being closed for a few days, but let’s talk about the impact of a public apology.…

Wouldn’t making a public apology completely damage his reputation?

Originally, I thought I would just pay a few hundred yuan per person.

 But the other party insists on complaining to the relevant departments.

 In this case, don’t even want these hundreds of dollars!

It is better to spend this money to maintain the relationship.

Looking at the summons, Wang Hai didn't know who he called. After the call was connected, he smiled and said: "Brother Zhang."

"Yeah.…"

“It’s the same thing as before. It’s all my fault that I didn’t supervise employees to check expired food, which resulted in a batch of snacks becoming expired.”

"Yes, yes, this is my fault, I know it... I didn't say it was right." "To be honest... I also want to compensate, but his request is too much."

"And he also complained to our department. Brother Zhang, you also know that my supermarket cannot withstand such a big deal."

"Yes Yes Yes.…"

"What? The court summons has been sent to you, and to several other departments?"

 “Okay, okay…I understand, thank you, Brother Zhang.”

 After hanging up the phone, Wang Hai took a long breath.

Let’s sue this case and see where it develops in the end.

From Wang Hai’s perspective, the appellant sued so many departments at once.

If you sue like this, it would be surprising if you can win!

.

 ….

However, on the eve of the trial of this case, Su Bai applied for a public hearing.

Regarding this point, the court also agreed to Su Bai’s request for a public hearing.

soon.…

 The day of trial has arrived.

In the waiting room, Li Xuezhen’s eyes were shining brightly.

 Look through the information of the departments and units involved in this case one by one.

 Then he looked up at Su Bai:

“Lawyer Su... There is no problem in winning the trial this time, but in terms of execution, what should we do?”

Su Bai smiled and said: "As long as the verdict is successful, it will be difficult for the court to carry out subsequent enforcement."

 “We still have other ways.”

"Do not worry.…"

 “Oh, good Lawyer Su!”

Li Xuezhen nodded solemnly with a small face.

 Staff will bring all parties into the court hearing room.

This time the court proceedings involved relatively many defendants.

in-

 Hygiene, food supervision, industry and commerce and reconsideration belong to the same category.

  It only needs to be determined whether it has performed any action.

 The lawsuit against Dafa Supermarket, a third party, is the key point involved in this case.

Of course, the key point is whether the other parties have the basis for suspicion of violating the law.

Why do you say that?

 Because to make a complaint first, there must be a reason for the complaint.

To determine whether other parties have failed to act, it is necessary to determine whether the complaint is genuine.

 The basic defense points of the case have almost been decided.

At the plaintiff's seat, Su Bai briefly sorted out the litigation materials, and then looked at the defendant's seat.

 This time, the defendant's seat was filled with relevant lawyers and relevant personnel involved.

To be honest, although there are many defendants involved in this case, the structure of the case is not complicated.

On the bench seat, Peng Guangliang looked at the six parties under the bench seat, and his whole body felt numb.

 Previous mediation was not completed, and now relevant judgments can only be made through court hearings.

 It is rare for so many defendants to appear at once!

After gathering his emotions, Peng Guangliang looked at the litigation materials and spoke slowly:

“In this court hearing, the plaintiff accused the defendant Dafa Supermarket of selling expired food that caused food poisoning in many children.”

 “Require it to pay compensation and make a public apology.”

"in addition.…"

“Initiate an administrative lawsuit against the defendants such as the health, industry and commerce, food inspection, and reconsideration departments.”

“The basis for filing an administrative lawsuit is that the above departments failed to punish Dafa Supermarket in accordance with relevant laws and regulations.”

“The review unit did not conduct a true investigation into the review.”

“Based on the above, initiate an administrative lawsuit.”

“And require the above departments to carry out relevant management and penalties for Dafa Supermarket in accordance with laws and regulations.”

“This trial will be conducted by the Tianjin Intermediate People’s Court in a public hearing.”

“The plaintiff is now invited to make relevant statements regarding the appeal application.”

 “A good judge.”

Facing the presiding judge asking the plaintiff to make a statement, Su Bai spoke:

“The presiding judge...Based on the evidence we provided, it is obvious that the defendant Dafa Supermarket is suspected of selling expired food.”

“The sale of expired food by Dafa Supermarket has violated the Food Safety Law.”

“The sale of expired food by Dafa Supermarket should be managed and supervised by the industrial and commercial and food supervision authorities.”

"also."

“Dafa Supermarket, the expired food sold caused food poisoning.”

“Especially when it comes to food poisoning in infants and young children, follow relevant laws and regulations.”

 “Should be under the jurisdiction of the health department.”

“In this case, we made multiple complaints to the above departments.”

“Complaint that Dafa Supermarket sells expired food, causing food poisoning in infants and young children.”

“However, no reply was received, and Dafa Supermarket was not punished in accordance with relevant regulations,”

"based on above."

“We can definitely believe that there is a situation of laziness involved.”

“In this regard, we have raised the above issue and requested that the relevant personnel be punished.”

“And order the above departments to punish Dafa Supermarket.”

“The above is the above-mentioned application submitted by us.”

After Su Bai finished stating the above-mentioned materials he had written in advance, he raised his head and glanced at the presiding judge's seat.

The evidence in this case is conclusive, and the question of whether to slack off or not, mainly depends on how the presiding judge makes the determination.

only.…

 The five defendants sitting at the defendant’s table.

 After hearing that Su Bai’s appeal request included the issue of holding the relevant personnel accountable.

 Some of the department personnel who came to participate in this court hearing even smiled.

What?

 Forget about prosecuting them, do you still want to pursue the relevant responsible persons?

 What are you thinking about?

Let’s not talk about anything else. In this trial, there were five defendants, four of whom were administrative units.

Based on this, can the court really rule them out? ! .

 ….

 PS: Please give me a monthly ticket~

 (End of this chapter)