As a Lawyer, You Sent the Judge In?

Chapter 334: All parties protested, and the trial exploded

  For this trial.

The difficulty has always been how to plead in court, or how to make a judgment in this trial.

 Because from the perspective of fact certification and corresponding laws and regulations.

  Did the defendant's industrial and commercial, health, food, and reconsideration departments fail to act?

 In the relevant provisions of administrative law, the provisions of inaction include failure to deal with and delay in handling, and failure to respond.

 These are all prescribed explanations for inaction given by relevant laws.

The four relevant departments of the defendant must have failed to act.

 Through the identification of relevant facts and relevant evidence.

 Let’s not talk about anything else.

 The relevant departments of the defendant have already involved the failure to follow up on Dafa Supermarket and review the facts in accordance with the complainant and relevant laws and regulations.

 Let’s start with the first industrial and commercial enterprise. It is obvious that this kind of behavior exists.

 This can be clearly seen from Yu Yan’s reply.

Why do you say that?

 Because Yu Yan’s reply was very empty, with basically nothing to say.

 Just one sentence, there is action, but the actual situation and relevant legal provisions are not stated.

 To put it bluntly, it means that the behavior is not defended in accordance with the law.

This kind of reply is not very convincing.

 Why can't Yu Yan describe other situations?

 Because he has no factual basis at all to support his defense.

 So it can only be stated from this point.

Yu Yan must be very clear about this in his heart.

.

 ….

 Facing Su Bai, he asked for judgment.

Peng Guangliang frowned slightly and glanced at the two judges beside him.

ˆ Then he spoke: “Concerning the judgment on the plaintiff’s application.”

“The collegial panel has certain disputes over the relevant judgment.”

 “Now entering the adjournment stage.”

“After the court session, the verdict will be announced.”

 The hammer of law was struck and the court entered the adjournment stage.

However, after the presiding judge announced that the court was adjourned, Su Bai frowned slightly.

 The circumstances of this case are very clear.

 Is there anything else we can discuss?

 The presiding judge is afraid that the impact will be too great, so he is unwilling to impose a verdict?

 Or are there other surprises that may occur in the case of judgment?

　　　…

 What should I say about this situation?

 It’s too common.

 Especially in administrative cases, it is normal to have a certain tendency.

 After all, this administrative case involves many aspects.

.

 ….

at the same time.

At the time of the adjournment, since this trial was a public trial, Su Bai's reputation in the legal circle was relatively large.

Although this trial was not released on a short video.

 But it still attracted a lot of viewers.

 In some legal commentary live broadcast rooms, many people commented on the current trial of this case.

　　“There doesn’t seem to be much problem with this case!”

“As a non-law student, I can see that the defendant has absolutely no basis for its defense.”

“To be honest, I thought we would see a fierce defense in this lawsuit. After all, Lawyer Su has had relatively few public cases in court recently.”

 “This lawsuit is settled!”

"Is it stable? Brother, didn't you notice the attitude of the presiding judge? You didn't notice who was sitting on the defendant's side either, right?"

 “I think it will be difficult to pass judgment on this lawsuit!”

“After all, there are too many situations involved and many issues involved.”

"One word - difficult! Besides, the court of second instance is only an intermediate court. If it is the provincial high court, it is possible to win the case."

“Let’s watch, let’s be honest, this is the first time in so many court trials that I’ve seen Lawyer Su fight an administrative lawsuit.”

 “I still hope I can win the case!”

　　　….”

 There was a lot of public opinion about this case in the legal commentator’s live broadcast room.

Some people said some nonsense and blocked the live broadcast room.

However, it can also be seen that Su Bai's live broadcast of the public trial this time has a certain degree of popularity.

.

 ….

the other side.

 In the collegial court discussion room.

 Peng Guangliang and two other members of the collegial panel, Wang Xiang and Shen Jun, discussed the relevant judgment on this case.

 “What do you two think of this case?”

Peng Guangliang asked, and then continued:

“Let me tell you my opinion first. The difficulty of this case lies with the defendant.”

“This time four administrative units sat at the defendant’s table, and there was also an administrative unit from the Southern District.”

“The three departments of industry and commerce, health and food actually make judgments in accordance with the law, and there is no big objection.”

“Only for the Southern District Administrative Office, relevant judgments will be made based on the accusations filed by the existing plaintiffs.”

 “Then it is very likely that it will have a certain impact.”

 “After all...the administrative status is different.”

“What do you two think? You can tell us.”

Phime Wang and Shen Jun looked at each other, and then Prime Minister Wang spoke:

“Actually, my opinion is the same as that of Judge Peng.”

“The defendants in this case involved multiple departments.”

 “A little more.”

“Before the trial started this time, the administration gave me a greeting and said that I could think more about this during the collegial discussion.”

 “Consider the impact.”

“To be honest, this makes our trial work very difficult.”

“I don’t think it’s better to impose penalties on the other three administrative departments, but not the review unit.”

At this time, Shen Jun spoke: "But if you withdraw the lawsuit from the review unit, will the other three parties have any objections?"

“If we continue to appeal, it will still have a certain impact on us.”

“I think Dafa Supermarket should be directly ordered to pay compensation and compensation.”

“As for the rest, dismiss it, if not, what else?”

Peng Guangliang and Wang Xiang both fell into thinking about Shen Jun's opinions.

how to say!

 Peng Guangliang is biased towards the plaintiff.

 Why the preference?

 Because whether it is from a factual point of view or from an evidence point of view.

 There are no problems in the plaintiff's appeal.

 If the rejection is made, what is the law followed?

 After dismissal, the case is still unresolved and the plaintiff still needs to continue to appeal.

 You may even think that the Intermediate Court’s judgment is unreasonable.

 At this point, Peng Guangliang seems very contradictory.

"Lets see."

“Let’s not make a direct judgment first. Let’s take a look at the plaintiff’s suggestions and appeals made by several other defendant departments.”

“Or let’s discuss and discuss whether there are any other decisions.”

“For example, only three other administrative departments are sentenced.”

Peng Guangliang spoke.

Phime Wang and Shen Jun both nodded at the same time: "Okay, let's discuss it first."

.

 ….

 The adjournment is over.

 The court convened again, and Peng Guangliang announced that no relevant judgment would be made for the time being. Instead, let the plaintiff state its lawsuit applications and demands against several other defendants.

 Hearing the presiding judge’s decision, we will not make a decision for the time being.

Su Bai frowned slightly, knowing in his heart why he was not making a judgment for the time being.

 What other reasons could it be?

 It is nothing more than considering the defendant in this case.

 “Phew...it’s a bit troublesome.”

“This lawsuit does involve factors involving the defendant’s department. The case is simple, but the judgment and execution are very difficult.”

Su Bai looked at the lawsuit materials and said something silently in his heart.

 However, in accordance with the request of the presiding judge, the lawsuit applications against each defendant were stated one by one.

 The statements made by the remaining defendants are actually very simple, and are not much different from the statements made to the industry and commerce.

 Because the issue involved in this case is the defendant's inaction.

 From this point of view, except for Dafa Supermarket.

 The legal charges involved by several other defendants are the same.

 They are also consistent in the defense viewpoints and defense opinions.

after all.…

 According to the Industrial and Commercial Administration Law, the industry and commerce did not impose relevant penalties on Dafa Supermarket.

 Similarly, food inspections are not doing enough.

 In addition, from a health and safety perspective, food poisoning was caused and many infants and young children were poisoned.

 Serious situations have been involved.

From a health perspective, the penalty should be suspension of business for rectification.

 However, in accordance with relevant laws and regulations, have the relevant departments of the defendant done the above?

not at all!

 Failed to impose penalties in accordance with relevant administrative regulations.

The corresponding statement is much simpler.

Su Bai’s statement is the defendant’s food inspection, health and reconsideration unit.

None of them have fulfilled their due responsibilities, so from this point of view, they all behave lazily.

 From the perspective of facts, other parties have no room to refute.

 Because failure to act is a common problem in administrative law jurisdiction and administrative cases.

 There are very clear regulations. You have not implemented the things you complained about, or the progress is too slow, or there is a deliberate delay.

 Then it is a case of inaction.

 This is a right granted by law.

Based on the above, Su Bai went through the defendants and their attorneys one by one.

 The entire facts of the case were expressed very clearly.

only.…

The clearer Su Bai expresses it, the harder it will be for this case to be tried.

 Especially the accusation against the review department.

Su Bai said directly: "The defendant department has jurisdiction and administrative responsibility for other departments."

“However, the content of jurisdiction and management and the corresponding supervision behaviors were not exercised.”

“We directly reject the reconsideration application submitted by us.”

“We cannot accept this at all, because the situation we submitted to the review unit is—”

“Nearly several children have been poisoned by food.”

“Food poisoning, especially if it involves infants and young children, I believe it must be an emergency.”

“Dahfa Supermarket is unwilling to make relevant compensation and public apology.”

“And the relevant departments are unwilling to punish Dafa Supermarket.”

“This is a serious omission because it involves not only a situation of expired food, but also food poisoning.”

“The defendants here must be aware of the impact of food poisoning on infants and young children.”

"We don't know what the purpose of all parties is to play ball. Is it because they don't want to take responsibility, or because they are unwilling to act."

“The reconsideration unit responded to this situation hastily.”

“Then if you do this if you encounter anything in the future, how can you complain?”

“In response to this point, we would like to ask the defendant to think about it.”

“Whether there is certain responsibility or not, and whether we should bear relevant legal responsibility.”

.

 …

The accusation was direct, simple and concise, but it was a little deserted in the courtroom.

 At the bench, Peng Guangliang serves as the presiding judge.

As for Su Bai's insistence on accusing several other departments, he shook his head slightly.

 Especially complaints against the review department.

If it can be said that other departments can be judged to have lost the case, there is no problem with this, but the review department is the Ministry of Administration!

How to judge?

 In this regard, Peng Guangliang could only choose the result of the discussion just now.

 Select and determine the other three administrative departments.

“The accusation brought by the plaintiff against the review department.”

“The collegial panel believes that in this case, the review unit serves as an additional defendant in the joint prosecution.”

“It is not directly related to this case and should not be reflected in this trial.”

“The defendant should be Dafa Supermarket, industry and commerce, food, health, etc.”

“Therefore, the court believes that the conduct of the review unit will not be reviewed.”

“Does the parties have any objections to the above?”

 After the chief judge stated this point, he did not say anything else.

 Other departments of the defendant exploded at that time.

Why?

 Because from the perspective of the presiding judge, this is completely bullying them because of their low administrative level.

 The review unit was directly removed.

I want to decide which side they want to decide.

Who else would be willing to do this?

 Although their administrative level is one level lower than that of the reconsideration unit.

 But in the court hearing, if you don’t want other situations to happen, or you won’t be held accountable.

Then you definitely need to bring other people along!

Regarding the presiding judge’s decision, other defendants’ lawyers immediately reported:

“Presiding judge, why should the review unit be removed from the judgment ranks?”

“We don’t know which law is applicable to this.”

 “So we object!”

.

 ….

Facing this situation, Su Bai can actually understand it.

On the one hand, the court did not want to directly reject the plaintiff’s appeal.

This has shown that the presiding judge’s preference actually lies with the plaintiff, that is, their side.

  After all, according to relevant laws and regulations...the defendant did indeed fail to act.

On the other hand, the court is still under a certain amount of pressure from the review unit.

 So we want to include industry and commerce, food supervision and health as defendants.

 There will be no corresponding review for the reconsideration unit.

 However, I did not expect that other departments of the defendant would be unwilling to do this at first.

 Protested.

　　　…

Su Bai took a long breath. How should I put it? Administrative cases are indeed difficult to fight!

  But it can be seen completely from this case.

 The judge made the relevant determination based on the legal rights and interests of the plaintiff.

However, now there are objections raised by other departments of the defendant.

We still don’t know what kind of verdict the presiding judge will make in this case in the end.…

.

 ….

 PS: Please give me a monthly ticket~

  This case was tried, but it had no choice but to be changed...

 (End of this chapter)