As a Lawyer, You Sent the Judge In?
Chapter 332: No, that's not the case. You provided a forged certificate.
Chapter 332 No, that’s not it. Are you providing forged evidence?
After Su Bai finished his statement and filed the relevant lawsuit, the atmosphere in the courtroom was very dull.
Why does it seem so bland?
Mainly lies in the defendants on all sides at the defendant’s seat.
In fact, I don’t take this lawsuit too seriously.
If one or two departments are involved, in their view, the court may rule against them.
But this involves four relevant departments, one of which is an administrative department!
Even if the court wants them to lose the case, it must also consider the impact, right?
Let’s talk more…
Even after losing the case, they can also blame each other and not implement or advance the case.
Can the court still enforce enforcement?
How to enforce this kind of thing?
Let’s not talk about other things, it involves the administrative jurisdiction, if enforcement is carried out.
Even if the president of the court goes to enforce the law himself, he won't make this request, right?
Based on these considerations.
So the defendants participating in the trial this time are not too worried.
.
….
At the judgment seat.
Peng Guangliang briefly organized Su Bai’s appeal application.
But seeing the defendant’s attitude, he couldn’t help but frown.
I couldn’t help but sigh secretly and thought to myself: “This case is so difficult!”
Shortly after clarifying his thoughts, he looked at the plaintiff’s seat and began to make relevant conclusions.
“The plaintiff’s lawsuit application has been heard by the collegial bench.”
“The plaintiff’s opinion has two points.”
“First: Apply to the defendant Dafa Supermarket for compensation and a public apology.”
“Second: Apply to sanitation, food inspection and other defendants, accusing them of inaction…”
“Does the plaintiff have any objection to the collegial panel’s conclusion?”
Su Bai said: "The plaintiff has no objection."
“The plaintiff has no objection, based on the fact that this incident was caused by the sale of expired food in Dafa Supermarket, which caused food poisoning in many children.”
“Does the defendant Dafa Supermarket have anything to say about the plaintiff’s accusation?”
The presiding judge turned to look at the defendant’s seat at Dafa Supermarket.
This court hearing, as the general manager of Dahua Supermarket, Wang Hai specially participated in this court hearing in person.
And found a first-class lawyer who handles litigation on this type of matter.
Wang Hai turned his attention to the lawyer he hired, Li Shulin.
Li Shulin is the sole agent for this case.
Generally speaking, lawyers have greater rights in civil cases than in criminal cases.
The voice that can be stated is also greater.
Facing the presiding judge’s question, Li Shulin looked at the materials and spoke slowly:
“Presiding judge… we are willing to accept the compensation proposed by the plaintiff.”
“The original matter of this case was indeed caused by Dafa Supermarket’s lax supervision of expired food.”
“This is our fault. We are willing to bear the medical compensation proposed by the plaintiff and provide a certain amount of compensation for mental losses.”
About this point, after Li Shulin learned about the case, he discussed it with Wang Hai.
The other party has full evidence, and Dafa Supermarket here will refuse to admit it.
Then it will not have any impact on the judgment of the case.
At the trial, the evidence and relevant facts are looked at.
It is not just a matter of words or a protest that can influence the final decision.
Protests also need to have relevant factual and legal basis.
So after Li Shulin and Wang Hai stated the relevant interests.
Wang Hai also accepted the fact that he was willing to compensate.
However, he firmly disagrees with the public apology and other demands made.
In this regard, Li Shulin decided how to litigate this case after in-depth discussions with Wang Hai.
That is, medical compensation is allowed, but other aspects are not.
Li Shulin continued: "However... we are willing to compensate, but for the plaintiff's request for a public apology."
“We don’t agree with it.”
“Because a public apology affects our goodwill, the plaintiff cannot ask us to publicly apologize for this matter because our products have minor flaws.”
"also."
“Public apology usually involves infringement, such as damage to reputation or goodwill.”
“The alleged food expiration and safety issues do not meet the standards of a public apology.”
“So we apply to reject the plaintiff’s proposal, and we want to make a public apology for this matter.”
Su Bai raised his hand, and after getting the consent of the presiding judge, he retorted:
“The public apology we emphasize is in this case.”
“Our client originally complained to Dafa Supermarket that the food had expired, causing food poisoning in children.”
“And promote it to customers outside the Dafa Supermarket.”
“Dafa Supermarket accused our client Xiao Pingjun of saying that what he said was a rumor and publicly apologized for this matter.”
“From the facts, what Xiao Pingjun said is not a rumor.”
“But Dafa Supermarket has accused our client, which infringed on our client’s right to reputation.”
“Legally, our client has the right to reputation. If he is violated, he has the right to demand a public apology from the offender.”
“Rather than what the defendant Dafa Supermarket stated, it issued a public apology for this matter.”
“For this point, I think the lawyer entrusted by the defendant misunderstood what we meant.”
ˆAbout the issue of reputation rights and public apology, Su Bai has already considered this.
A public apology only requires an apology to Xiao Pingjun.
Because apologizing for the Suppression Army's statement has the same effect as apologizing for this incident.
Furthermore, what the lawyer appointed by the defendant is indeed right.
If you simply follow the instructions of Dafa Supermarket and sell expired food, children will be poisoned.
From a legal perspective, the other party cannot be forced to apologize.
Facing Su Bai’s statement and rebuttal, Li Shulin frowned slightly.
If we look at Su Bai’s statement, this public apology also has some basis...
to be honest.…
Whether it is civil or criminal.
Generally speaking, certain certain facts are not easy to refute.
But Li Shulin is still fighting for relevant interests for Wang Hai.
“Dafa Supermarket’s refutation of the facts stated by Xiao Pingjun is to safeguard its goodwill.”
“Subjectively, there is no malicious intention to harm Xiao Pingjun.”
“And did not make any intentional or spreading rumors.”
“In this regard, we are willing to provide a certain amount of compensation. Based on the infringement of other people’s reputation, we should consider the seriousness of the case and make a judgment.”
“We are willing to apologize to Mr. Xiao Pingjun privately.”
“But on the issue of public apology... our application was rejected.”
Su Bai listened to the speech of the lawyer appointed by the defendant, what should he say...
The difficulty of this case is not the accusation against Dafa Supermarket.
Because no matter what aspect of this case, there are facts and relevant evidence that Dafa Supermarket violated the rights of others.
The application was rejected.
That also requires the consent of the court, right?
Su Bai did not continue to refute, because he had already stated it clearly just now.
The next step is to look at the judgment of the presiding judge.
At the trial bench, Peng Guangliang had already reached a conclusion on the relevant judgment against Dafa Supermarket.
Dafa Supermarket is mainly unwilling to make a public apology.
However, according to relevant laws and regulations, Dafa Supermarket is involved in relevant issues.
so.…
Peng Guangliang is leaning towards the plaintiff, that is, Su Bai's side in this aspect.
Regarding the above defense, Peng Guangliang said:
“Does the lawyer appointed by Dafa Supermarket, the defendant, admit that Dafa Supermarket refuted the true situation described by Xiao Pingjun proposed by the plaintiff?”
“And spread to others the fact that the true situation described by Xiao Pingjun is a rumor?”
Li Shulin: “We admit that this is the case.”
“Based on the above, let’s now determine whether the defendant makes a public apology.”
“The collegial panel believes that the defendant’s behavior has had a considerable impact on the personal reputation of the plaintiff, Xiao Pingjun.”
“It is now ruled that Dafa Supermarket needs to publicly apologize for the loss of credibility caused by Xiao Pingjun.”
"Does the defendant have any objections to this point?" Li Shulin wanted to say something else, but was interrupted by Su Bai:
“If the defendant has any objections, please use factual evidence and relevant legal basis to make a statement.”
“If it comes from other aspects, such as Dafa Supermarket’s business reputation and related losses, this does not have any conflict with our party.”
“Dafa Supermarket shall be responsible for food safety inspections, and the supermarket itself shall be responsible for any adverse effects caused.”
Li Shulin looked at Su Bai and frowned slightly. Wasn't this a deliberate message to the presiding judge?
“President, the plaintiff has appointed a lawyer to interrupt our statement in court!”
“It has seriously affected our defense thinking.”
“Our application allows the plaintiff’s lawyer to remain quiet and not to interrupt our relevant statements.”
In response to Li Shulin's request, Peng Guangliang sat on the bench and struck the hammer.
“Now here’s a reminder to the plaintiff’s lawyer not to interrupt the trial process.”
Immediately afterwards, Peng Guangliang turned to Li Shulin and asked:
“According to the statement just made by the lawyer entrusted by the plaintiff, circumstances unrelated to the legal and factual basis shall not be brought up.”
“Does the defendant Dafa Supermarket have anything else to make statements?”
Li Shulin: .….
Just now he originally wanted to make a statement based on Dafa Supermarket’s operating conditions and actual situation.
But.…
Now the presiding judge uses Su Bai’s reminder to ask him if he has any objections...
From the facts and evidence, there is definitely no objection!
What other objections could there be?
Li Shulin said: "We have no other objections."
“Since the defendant Dafa Supermarket has no other objections, the current judgment is established.”
“Let’s move on to the next question and answer it.”
While the presiding judge was speaking, Wang Hai had a hint of displeasure on his expression.
Li Shulin on the side saw this and said in a low voice: "Mr. Wang..."
“This kind of public apology has been judged by the court.”
“However, in terms of implementation, we have many ways to avoid it.”
“In fact, it will not have any negative public opinion impact on Dafa Supermarket.”
“Furthermore, I have stated the relevant situation to Mr. Wang before.”
“This is what we have agreed on before. Regarding the public apology, I will circumvent the relevant laws and reduce the losses caused by Dafa Supermarket due to the public apology.”
Hearing Li Shulin's words, Wang Hai's expression softened and he nodded slightly.
And the other side.
The trial is still continuing.
It’s just that the subsequent court hearing is relatively difficult.
Peng Guangliang, the presiding judge, also found it somewhat difficult.
how to say.…
As for the relevant judgment of Dafa Supermarket, because the plaintiff has conclusive factual evidence, there is no problem in the judgment.
But there are still a few defendants left...if they are judged to have slacked off and failed to act.
The problems caused are very huge.
As the presiding judge, he must consider the relevant factors and other circumstances.
After pondering for nearly a minute, Peng Guangliang slowly spoke:
“Now please call the defendant’s health, food supervision, industry and commerce and southern district administrative departments.”
“To make relevant statements regarding the appeal requested by the plaintiff.”
After Peng Guangliang finished his statement, let the Food Supervision and Industrial and Commercial Administration make relevant statements first.
These two defendants are the direct management departments of Dafa Supermarket.
to be honest.…
In a state of complete indifference, but as an administrative department.
You must also adopt a relevant attitude during court hearings.
This time, the four administrative departments also invited relevant lawyers.
Lawyers from the industrial and commercial departments first made relevant speeches.
“Presiding Judge.”
“We do not agree with the plaintiff’s point of view.”
“First of all, when the plaintiff made a complaint, we gave a corresponding response.”
“A relevant reply will be given within five working days.”
“And we also gave relevant replies and conducted relevant interviews with the managers of Dashang Supermarket.”
“This is how we deal with it temporarily.”
“The plaintiff accuses us of inaction, but what is the reality?”
“Are you actually slacking off?”
“Isn’t dating a relevant act and act?”
“From this point of view, the plaintiff’s claim against us is entirely an act of omission in its subjective opinion.”
“Rather than the actual reality.”
“Based on the above, we believe that the plaintiff’s claim should be dismissed.”
After the lawyer appointed by the defendant finished his statement, the presiding judge looked at Su Bai:
“Does the plaintiff have anything to say?”
“There is a chief judge.”
Su Bai raised his hand and said, "Presiding judge, we do not agree with the defendant's point of view."
“The defendant believes that interviewing the manager and person in charge of the supermarket is an act of conduct.”
“Then why has the actual situation not been resolved or progressed?”
“In accordance with the Industrial and Commercial Administration Law, the Food Supervision Law and the Health-Related Management Law.”
“After receiving a complaint, a progress investigation on the relevant matters should be carried out within a certain period of time.”
“And impose relevant penalties.”
“But in this case, there was such a big accident, and food poisoning is not a small matter.”
“And it involves young children.”
“Shouldn’t it attract more attention and attention?”
“Is it just an interview with the relevant person in charge and ordering them to make corrections? Does this comply with the relevant management laws?”
“Let’s proceed from the perspective of industrial and commercial administration, in accordance with the Industrial and Commercial Administration Law.”
“If expired food is sold, in addition to claiming compensation for losses, consumers may also demand compensation of more than ten times the price from the producer or seller.”
“After Xiao Pingjun submitted the relevant complaint, why was there no relevant handling of this matter?”
“Is it true that expired food is sold?”
“Is it a reasonable request for consumers to demand compensation?”
"Yes!"
“But if we only make an appointment with the person in charge, why can’t we compensate according to the relevant legal provisions?”
“Isn’t this a case of laziness?”
“Or do the relevant personnel think that it was wrong for Xiao Pingjun to file a complaint in accordance with the law and pursue his own legal rights?”
“Or, you don’t take this matter seriously at all?”
“The right not to deal with it lies with the relevant personnel, but there is always the right to protect one’s own rights as a consumer, right?”
“Why is the defendant unwilling to deal with it in accordance with relevant laws and regulations? Can you give an explanation?”
"also."
“I would like to ask you about the most critical point. The defendant just entrusted a lawyer to state that the manager and relevant person in charge of Dafa Supermarket have been interviewed.”
"So!"
“Is there any relevant evidence to substantiate the interview?”
“At what time did the interview take place?”
“Whether the lawyer entrusted by the defendant can produce relevant evidence.”
To be honest, Su Bai didn't really believe in the interview.
If an interview is actually conducted, it is very simple to punish him in accordance with relevant laws and regulations.
There is no punishment, just an interview. What is the situation?
It is very likely that it is just a matter of words!
At this time, his entrusted lawyer actually produced relevant evidence from the trial.
only.…
Su Bai was stunned for a moment after seeing the evidence.
? ? ?
After reviewing the evidence repeatedly, it was confirmed.
This is forged evidence? !
No, this trial won’t happen, right? .
….
PS: Please give me a monthly ticket~
(End of this chapter)
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