As a Lawyer, You Sent the Judge In?

Chapter 460: The attitude of the Provincial High Court, apply for guidance from the Supreme Court!

Chapter 460: Provincial High Court’s attitude, apply for guidance from the Supreme Court!

Liu Wenya won the case.

Judging from the content of the judgment, this judgment is no longer considered a victory.

More...it's a kind of humiliation.

Naked humiliation.

The defendant proposed a compensation amount of 5,000 yuan. What does the verdict of 5,001 yuan mean?

That dollar was given as a gift?

You can make penalties according to the normal process.

Even if the amount of compensation is awarded to be 5,000 yuan, there is no problem.

Because it is based on the defendant’s claim.

But what’s that extra dollar?

Isn’t this clearly telling others that you won this trial because I wanted you to win?

Liu Wenya was extremely angry after learning about this matter.

Obviously, it was Ye Meizhen who was causing trouble in this matter, deliberately!

I did this on purpose to show her.

The meaning expressed is also very direct—didn’t you win the lawsuit?

What impact will winning the lawsuit have on me?

　　I will compensate you as much as I tell you!

In fact, this matter was indeed intentional by Ye Meizhen, and she also expressed this idea.

Ye Meizhen’s home.

After reading the contents of the judgment, Ye Meizhen casually threw the first-instance judgment on the table.

With a hint of pride in having achieved his goal, he spoke to himself.

“This Liu Wenya is so ignorant. Do you really think she can live a life like mine if I didn’t go to college instead of her?”

“My current life is all earned through hard work. That degree is only worth so much money.”

“My father previously offered her 30,000 yuan or 50,000 yuan to settle the matter.”

“I will never mention the matter of me taking her place in college from now on,”

“She doesn’t want to.”

“They probably want to blackmail me at the trial and blackmail me out of 120,000 yuan!”

“It’s okay now. The court of first instance has ruled and awarded a compensation of 5,001 yuan.”

“Think of that dollar as a gift from me!”

“And even if the court rules, so what? I won’t give her the five thousand yuan, and I’ll keep dragging her away. What can she do?”

"Unless she comes to beg me, for her pitiful sake, I might be kind enough to give it to her."

“I still want to appeal for money, which is a good idea!”

Ye Meizhen had a hint of disdain in her tone.

In her opinion, the best way for Liu Wenya to solve the problem at the beginning was to take the money and not appeal.

After getting the money, this matter is in the past.

But what she didn't expect was that the other party kept insisting on appealing.

The results of it?

The result is the current sentence, which has no impact on her.

On the contrary, Liu Wenya brought a lot of trouble to herself.

But then again, this situation is normal.

The other person may have never entered society and has been a housewife at home, lacking social awareness.

Or, I saw too many good things.

Otherwise, an ordinary housewife would have to sue her.

What do you think?

That definitely won’t work!

Wang Qirui on the side heard what Ye Meizhen said and reminded him:

“I have settled this matter with Zhang Mengwei, and we owe him a favor.”

"This case won't have much impact on you, but don't be too arrogant, otherwise, if someone catches you, there will inevitably be some rumors."

“The impact is not very good.”

"Do you understand?"

Ye Meizhen smiled and nodded: "I know, husband, I still have a sense of propriety in these things."

“Husband, don’t worry, I just know it in my heart and I will never make it public.”

"Ah That's good."

Wang Qirui nodded and said no more.

….

On the other side, Su Bai and Li Xuezhen have arrived at the Nan Provincial High Court.

Liu Wenya's case will definitely not work if it fails to meet the entrustment requirements.

In any case, this case concerns the violation of Liu Wenya’s right to education.

It must be judged successful.

He had been waiting for the verdict of the first instance, and now the verdict has come.

Then you must apply to the Provincial High Court for a second instance of appeal.

Wait until all relevant litigation materials and factual evidence have been submitted.

Li Xuezhen blinked and said in confusion:

“Lawyer Su...”

“This case involves the Constitution, which is the basic law of our country. There is no precedent in terms of prosecution and judgment. Our case should be the first in the country.”

“What if the Provincial High Court of Southern Province determines that there is no problem with the first-instance judgment of this case and rejects our appeal request?”

“Then shall we file a lawsuit with the Supreme Court?”

“Can this case still go to the Supreme Court?”

Li Xuezhen looked at Su Bai with bright eyes, full of expectation.

Hearing this question, Su Bai smiled.

Li Xuezhen’s question is very accurate.

This case involves the use of the Constitution for adjudication.

However, the Constitution is the basic law of the country and there is no precedent here.

If the Provincial High Court rejects the appeal request based on this situation, it is reasonable to a certain extent.

However, even if the second instance court did not accept Liu Wenya’s case, it still had to give a clear explanation.

According to the basic interpretation of law, all laws are actionable, and the Constitution is no exception and is also actionable.

In this case, the constitution is also justiciable. Why can’t it be judged based on the constitution?

If the High Court rejects their lawsuit application.

Then there must be a corresponding explanation, right?

Regarding Li Xuezhen’s question, Su Bai smiled and said:

“The High Court has the right to reject Liu Wenya’s appeal in this case…”

"but…"

“The High Court will definitely have to answer some questions, such as the fact that the Constitution is justiciable, so why did it reject our appeal request.

If you can't tell the reason, it is a violation of the process.

Generally speaking, the Intermediate Court and the Basic Court will have irregular procedures where errors may occur in the process.

However, this situation rarely occurs with the High Court. After all, most provinces only have one Provincial High Court.

This point must be avoided, otherwise it will have a great negative impact on the Provincial High Court. "

“Don’t worry... In this case, the High Court will not directly reject our appeal request without any reason.”

“Oh, I understand, Lawyer Su.”

Li Xuezhen nodded seriously with a small face.

the other side.…

After Su Bai and Li Xuezhen submitted the above application.

The High Court attaches great importance to this case.

Why do you care?

Because it involves constitutional content.

The judgment of the first instance was indeed somewhat unreasonable. But the most critical issue in this case is—

Whether the Constitution can be used as the law for prosecution and the law for judgment is a matter of legal interpretation.

To emphasize the point, it is possible in terms of legal interpretation.

What about practical applications?

What is the actual application...What kind of law is the Constitution?

It is the basic law of the country!

Can it be used to convict people?

The High Court specially opened a referee committee for discussion on this case.

The presiding judge, judges, and other personnel responsible for the case discussed the case.

But in the end, there was still no result from the discussion, but one thing can be confirmed.

That is about Liu Wenya's case, they have to accept it.

But how should it be accepted?

Finally, Duan Chaohai, the chief judge in charge of the case, specifically contacted Su Bai.

I hope Su Bai can provide some explanation for this case.

In other words, there is an accurate and defensible statement in this case.

Southern Provincial High Court, in the public office.

The presiding judge and the lawyer are not allowed to meet privately, but they can have public meetings.

In this case, it is also difficult for the High Court to handle the case.

So we can only find the plaintiff’s attorney and the plaintiff’s client to ask for their opinions, or negotiate whether the prosecution of the case can be withdrawn.

Of course, in this case, Su Bai’s view was that he would not allow consultation.

The prosecution must continue to the end.

In response to this, Duan Chaohai, the presiding judge of the second instance, was silent for a few seconds and then spoke:

“This case has not yet been heard in court. The reason for asking Lawyer Su this time is for negotiation and to see how this case should be handled.”

“It can be regarded as a mediation organized by the court.”

“It is a unilateral mediation with the plaintiff.”

“Lawyer Su, don’t have too many opinions. I will state the court’s point of view here.”

“The civil adjudication committee of the court conducted certain discussions on the case.”

“The result of the discussion is that since the second instance of this case has been brought to our High Court.”

“Our High Court will definitely resolve this case, but...”

“The Constitution is the basic law of the country. To put it bluntly, there is no legal provision that it can be judicialized.”

“What does judicialization mean?”

“It means that the Constitution cannot be used as a statutory regulation for prosecution and judgment.”

“As a well-known lawyer in China, Lawyer Su should know this, right?”

Hearing Duan Chaohai’s question, Su Bai responded:

“I have understood this.”

“However, according to domestic legal provisions, any law is actionable.”

“The Supreme Law has not stipulated that the Constitution cannot be used as the basis for judgment and prosecution, has it not?”

“Since the Supreme Court does not explicitly state or require this, it means that judgment and prosecution can be carried out in accordance with the Constitution.”

“According to this idea, is there anything wrong?”

Facing Su Bai's answer, Duan Chaohai smiled.

how to say.…

At this point, what Su Bai stated does make sense.

But what is the actual situation?

The actual situation is that the Supreme Court has not issued a clear notice that this can be done.

Other lower courts need to avoid this ambiguity.

Because the law is strict.

Ambiguous situations can easily have certain and huge adverse effects.

It will provide certain guidance for trials in other courts.

However, some answers still need to be given to the questions Su Bai asked.

Duan Chaohai thought for a moment, and then said:

“This is not to say that there is anything wrong, but that the court will make its judgment based on the Constitution without the guidance of the Supreme Court.”

“If something goes wrong, you will be held accountable.”

“The Constitution is the basic law of the country. The situation involved is very complicated and involves a lot of basic content. It is so important. Lawyer Su, can you understand this?”

“This opening... Our High Court would not dare to open it.”

“At this point, we need to apply to the Supreme Court for guidance on this case.”

“It may take a while.”

When he said this, Duan Chaohai paused for a moment, and then said with a smile:

“Actually, Feng Lijian and I, and Senior Feng, we also know each other.”

“Our idea at the High Court is that we will apply to the Supreme Court for guidance on this case.”

“But during this period, the plaintiff cannot make any negative statements online.”

“Is there any problem with this?”

Duan Chaohai’s eyes fell on Su Bai. Su Bai raised his head and looked at Duan Chaohai.

Smiled and said: "No problem."

“We guarantee that there will never be any negative comments from the Provincial High Court during the submission of application guidance to the Supreme Court.”

Duan Chaohai smiled when he heard this: "That's good."

This time, he had two main purposes for negotiating with Su Bai.

The first one is to see if the lawsuit can be withdrawn or to find out what the plaintiff’s views are on the case.

If it cannot be revoked, then try our best to solve the impact of the case and safeguard the legal interests of the parties involved.

The second one is that Su Bai’s influence on the Internet is really too great.

Basically, any public case can trigger waves of public opinion on the Internet.

As far as the courts are concerned, any flawed judgments and processes made will be magnified.

Produces undesirable negative effects.

Although it is said that public opinion supervises the judiciary, the High Court is not willing to fall into such bad public opinion.

Worried about the bad effects it will bring.

Now that these two problems have been solved, Duan Chaohai felt relieved.

….