As a Lawyer, You Sent the Judge In?

Chapter 461: The Supreme Court issued guidance and the case was won!

 The High Court of Southern Province, after relevant negotiations with Su Bai.

 It doesn’t take long.

 The High Court has compiled the details of Liu Wenya’s case.

 Applied to the Supreme Court for guidance on whether the constitution involved in this case can be judicialized.

 Bai Jun Law Firm.

Su Bai is also waiting for the Supreme Court’s reply from the High Court.

 And while this case was receiving attention, it came forward to clarify the attitude of the High Court.

 It can be regarded as avoiding the negative impact caused by this case.

 In fact.

 Whether the Constitution can be judicialized... is a very serious question.

In Su Bai’s view, the Supreme Court needs to consider many issues.

 First is the impact brought about by the judicialization of the constitution.

Secondly, the legal rights and interests of the parties involved in the case must be taken into consideration.

From a certain perspective, the constitution is the most basic law. If it is used as a judicial form, it will have a worse impact.

but.…

In this case, if the case is not handled in accordance with the Constitution, Liu Wenya’s infringed legal rights and interests will not be protected.

 This is completely divorced from the most basic meaning of the law.

so.…

As for this case, will the Supreme Court confirm and support Liu Wenya to protect his legal rights and interests?

 In Su Bai's estimation, the Supreme Court will definitely support Liu Wenya.

after all.…

 In any case, Liu Wenya’s right to education has indeed been violated.

 For this kind of violation, if you do not support the person who was violated.

 Then the authority of the law will be questioned.

 The impact will be huge at that time!

 In fact, when the Supreme Court discussed this issue, there were also two opinions.

 The first one is whether the Constitution can be used as a basis for judging cases and supporting punishments.

One aspect of it states that the constitution is the basic law of the country, and the penalties include administrative law, criminal law, civil law, etc.

  The Constitution is not used to make judgments at all, and the supreme status of the Constitution cannot be shaken under any circumstances.

 That is, the Constitution is not supported as the basis for judging cases and sentencing.

On the other hand, he said that the constitution is the basic law of the country, although it cannot fully support the sentencing.

 However, in this case, Liu Wenya’s right to education was indeed violated by others.

 Liu Wenya is indeed in full compliance with the situation of being violated by the Education Law.

 In this case.

If we do not support Liu Wenya in protecting his legal authority and legal rights.

 So whether it is from a legal perspective or from the perspective that the Supreme Court belongs to the highest court organ.

 The adverse effects caused are very huge.

 Because this violates the basic conditions for the law to protect the rights and interests of others.

 Similarly, the credibility of the Supreme Court will also be questioned.

 Cause huge damage.

 The two sides had huge disputes over this case and various discussions.

 After a back-and-forth discussion, the final decision was made by the President of the Supreme Court.

 The law must protect every citizen and obtain basic rights and interests.

 In his opinion, he believes that if the law cannot protect every citizen's basic legal rights and interests.

 The influence and destructive power caused cannot be compared with the judicialization of the Constitution.

also.

 This case did not involve any extreme circumstances.

  So it is absolutely possible to provide special guidance for this case.

 It will neither affect the important status of the constitution nor allow it to be abused.

 It does not affect the protection of Liu Wenya’s legal rights and education rights in this case.

 With the approval of the President of the Supreme Court, there are basically no other voices to guide the discussion on this case.

 It was unanimously decided to provide guidance in accordance with the views of the President of the Supreme Court.

 And soon, the Supreme Court responded with relevant guidance on Liu Wenya’s case.

“Reply on whether people who violate citizens’ basic rights to education protected by the Constitution by infringing the right of name should bear civil liability”

details:

“The Supreme Court has already discussed the case of Liu Wenya and Ye Meizhen applied for by your court.”

“After research, it is believed that based on the facts of this case, Ye Meizhen violated Liu Wenya’s basic right to education in accordance with the provisions of the Constitution by infringing on her right to name.”

“And it caused specific harm to Liu Wenya, and he should bear corresponding civil liability.”

 After receiving this reply, the Southern Provincial High Court quickly sorted out the case.

 If the judgment is made according to this reply of the Supreme Court.

 The details of this case are now very clear.

 The plaintiff’s side refers to all the litigation claims raised by Su Bai’s side.

 It has become very reasonable

Ye Meizhen did infringe on Liu Wenya’s right to name and her right to education.

 There is factual evidence on this point.

 Now that we have factual evidence, wouldn’t it be much easier to do next?

  It can be judged directly according to the actual conditions!

 To put it bluntly, this case can be tried according to law!

.

 ….

 As soon as the Supreme Court responded, Duan Chaohai, as the presiding judge of the case, told Su Bai about the matter.

 Furthermore, the court notified both the plaintiff and the defendant of the specific court date.

Su Bai breathed a sigh of relief after learning the Supreme Court's reply.

The most critical point in this case is whether the Constitution can be used as the basis for judging cases and bearing civil liability.

Now the Supreme Court has replied that Liu Wenya’s case can determine the defendant’s liability and civil compensation in accordance with the constitutional right to education.

 The most critical issue has been solved.

Based on the existing evidence, we will sue the defendant Ye Meizhen to achieve the litigation results and litigation claims that Liu Wenya wants.

  It is no longer a difficult thing. Especially this case received guidance from the Supreme Court and was heard in the High Court.

 Liu Wenya wants to demand justice, which is no longer something that is out of reach.

 For the plaintiff, all they have to do now is wait until the court date and attend the court session.

.

 ….

the other side.

　　After receiving the summons from the High Court to attend the court session, Ye Meizhen was obviously a little surprised.

Liu Wenya refused to obey the verdict of the first instance and directly appealed to the High Court and went to the second instance?

Ye Meizhen knew that Liu Wenya might have to appeal to the second instance.

 But she did not receive any mediation or phone calls from the High Court.

 I thought it might take a while.

 I didn’t expect it to progress so quickly.

 Ye Meizhen came to the living room with the court summons and said to Wang Qirui:

“Husband... Liu Wenya still refused to give up and sued me to the High Court again!”

“Now the summons from the High Court has been sent to our home.”

　　　….”

Ye Meizhen said angrily, and Wang Qirui frowned slightly:

 “Have you appealed to the High Court?”

“You now receive a summons, which means the High Court has accepted the case.”

ˆ “.…”

"But it doesn't matter. Your position as vice principal has been confirmed."

“Even if Liu Wenya continues to appeal to the High Court, as long as the right to education in the constitution is not determined, it won’t have much impact on you.”

 “Don’t worry anymore.”

Hearing Wang Qirui's words of comfort, Ye Meizhen's mood calmed down a lot.

“So, do I have to appear in court for this trial?”

“It’s better to go. The matter of the vice-principal has already been settled. Besides, this trial is being heard in the High Court. It would be bad if you don’t appear in court.”

“Continue to let Zhou Liang represent you in this case and appear in court together.”

 “Yeah, okay!”

　　　….”

 After discussing this, Ye Meizhen also decided to appear in court in this case.

 The second instance hearing is scheduled to begin.

On the eve of the trial, Duan Chaohai asked as usual whether the plaintiff and defendant needed mediation.

 When both the plaintiff and the defendant are satisfied that there is no need for mediation.

  Didn’t say much.

Since neither party will mediate, it is enough to proceed according to the court hearing.

 This court session progressed very quickly in the early stages of judgment.

 After all, there are accurate facts and corresponding evidence.

 In fact, there is no great significance in elaborating too much.

 For example, the issue of name rights and the issue of compensation.

 This point only requires the plaintiff and defendant to state the amount of compensation they believe is the amount of compensation and the corresponding legal regulations that are beneficial to them.

 The rest is left to the collegial panel, which will make a determination based on the relevant facts.

The progress of the case quickly came to the key issue—

 Ye Meizhen violated the provisions of the Constitution and violated Liu Wenya’s right to education.

 Whether it can be determined through the constitution, and whether Ye Meizhen should bear due civil liability.

Zhou Liang’s rebuttal was the same as in the first instance, focusing on the fact that the Constitution cannot be judged.

  Request the presiding judge to dismiss the plaintiff’s claim.

 But this time the judgment of the second instance was completely different from that of the first instance.

 Because this time, the question is about the penalty of the second instance, and correspondingly, whether civil liability can be determined according to the constitution.

  got a reply from the Supreme Court.

 So in this trial, the statement of the defendant.

 Duan Chaohai rejected it directly.

“As for the defendant’s statement that civil liability cannot be determined in accordance with the Constitution, the court rejected it in accordance with the law.”

“It is determined that the defendant Ye Meizhen violated the plaintiff Liu Wenya’s right to education.”

“Should bear corresponding civil liability issues.”

　　When faced with this ruling, Ye Meizhen in the defendant's seat was dumbfounded.

 No...how to determine that she lost the case as the defendant?

 Can it still be judged in accordance with the Constitution?

 Ye Meizhen sat in the defendant's seat and made hints to lawyer Zhou Liang on the side.

He signaled Zhou Liang to speak.

Zhou Liang also had some confusion about this judgment.

Then he spoke: "President, we cannot understand this judgment."

“The presiding judge made the decision in accordance with the Constitution...”

“However, according to relevant laws and regulations, there is no law that can express that the Constitution can be used as a law for judgment.”

“If the presiding judge makes a decision like this, then he is not following the relevant provisions of the law.”

 “We object to this!”

“Apply to the presiding judge to withdraw the relevant judgment conditions.”

 “Because this is a judgment without legal basis!”

 At the presiding judge's seat, Duan Chaohai did not elaborate or explain much about Zhou Liang's rebuttal statement.

 Just asked the staff to submit the guidance document issued by the Supreme Court to the defendant.

Zhou Liang's face looked a little unhappy when he saw the guidance document issued by the Supreme Court.

 Originally, he could have made a judgment on the grounds that there was no legal basis and the application was rejected.

 You can even make a report.

 But now there is a guidance document issued by the Supreme Court.

 Besides, everything else is of no use.

 The evidence and legal basis prepared by the plaintiff are very sufficient. This trial will definitely be lost!

Zhou Liang thought silently in his heart.

.

 ….

 PS: Please give me a monthly ticket~

 (End of this chapter)