As a Lawyer, You Sent the Judge In?
Chapter 510: BOOS appears behind the scenes!
Chapter 510 BOOS appears behind the scenes!
According to the regulations governing dismissal from public office, necessary conditions are required for dismissal from public office.
What are the necessary conditions?
The necessary conditions are that if those conditions are not met, a person cannot be dismissed from public office.
In the system, even if some people want to resign, they need to go through layers of review processes.
Let alone firing people.
So what are the necessary conditions, for example, the simplest example.
If Zhang Hongtao is in the process of committing a crime, he will be expelled in accordance with the management regulations.
Because of criminal liability, one cannot serve as a member of the system. This is a rigid rule and a necessary condition.
However, if it is confirmed that there is no criminal suspicion, then according to relevant regulations, you need to return to your job.
The dismissal of Zhang Hongtao from public office is completely unreasonable and also does not comply with the provisions of the Management Law.
Even the leaders of the administrative department cannot directly fire a public official who has not committed any illegal crime in this matter.
Finally, we came to the conclusion that what the other party did was completely illegal.
He was not fired, but was transferred to the Children's Palace to serve as a sinecure.
“This matter is much simpler than the previous incident where you were slandered and misjudged the law.”
Su Bai smiled and nodded: "Yeah!"
“It is just a verbal statement without any substantive documents.”
In a situation like this, everyone involved should be sent in!
Send it in, send it in!
How beautiful it is!
.
….
In the office.
So from this point of view, Zhang Hongtao’s dismissal from public office is completely inconsistent with the regulations and management regulations.
“According to the law, your public status should be restored.”
Subsequently fired him.
But who would have thought that he would be directly dismissed from public office.
Zhang Hongtao is stating that he was refused reinstatement to public office by the court.
“You come to Nandu, and we will discuss the details of this case in person.”
“This matter still needs to be entrusted to Lawyer Su.”
From this point of view, we can find out the problems of Xiaoshan and Xu Mingyuan from the administrative aspect, and then send them in!
Thinking about being able to send people in by then... Li Xuezhen couldn't help but reveal a happy smile on her face.
In a situation like this, he really wants to take the matter to court!
“Lawyer Su...”
After all... In Zhang Hongtao's case, all the people involved knew that Zhang Hongtao was innocent, but they still forced Zhang Hongtao to plead guilty and accept punishment.
Zhang Hongtao also knows this in his heart. Ever since he was falsely accused of violating the law, everything has been very unsatisfactory so far.
Regarding the case in which Zhang Hongtao asked Su Bai to resume his public duties on his behalf, Su Bai also knew that this case was essentially the same case as Zhang Hongtao was convicted of dereliction of duty.
After confirming that Zhang Hongtao could not be sentenced to fixed-term imprisonment, he was deprived of his position, which was forced to reduce the level of retaliation.
“It is completely illegal to expel you from public office when you have not committed a crime.”
"Um!"
Li Xuezhen looked a little happy when she learned that Zhang Hongtao had been dismissed from public office and that Su Bai had once again entrusted Zhang Hongtao's case as a client lawyer.
“And it is even more unreasonable to judge you in violation of the rules, because the High Court has already found you not guilty.”
Facing the situation encountered by Zhang Hongtao, Li Xuezhen made a detailed inquiry.
Can only be transferred to another position...cannot be fired.
In China, dismissal from public office is a very troublesome matter if there is no illegal crime.
Regarding this case, Su Bai immediately said:
“Okay, I’ve entrusted this case.”
Originally, he thought that after being acquitted, he would be able to resume his position as a judge and help ordinary people safeguard their legal rights.
It can only be said to investigate and collect illegal and criminal acts of public officials.
Su Bai was quite surprised by this.
Expressed dissatisfaction with the inaction of cadres to subordinates.
Why do you say that?
“That’s not true. It’s just that when I asked about the progress of restoring my public status, the leaders in the hospital said that I was punished for violating the rules and that my public status would no longer be restored.”
"But... did the other party notify you in a formal document that you will not be reinstated as a public official?"
Because this incident was essentially the original defendant, the provincial representative’s revenge against Zhang Hongtao.
Because from the situation described by Su Bai, the other party's approach to Zhang Hongtao's dismissal from public office was completely inconsistent with the regulations.
Of course...If there was no intervention from others, to be honest, Su Bai did not believe that a basic court would not reinstate Zhang Hongtao.
“Okay Lawyer Su, I will book a ticket for the same day to go to Nandu.”
.
….
In Bai Jun Law Firm.
Just like in a famous film and television drama, a certain big leader, when he has the absolute right to speak, only expresses dissatisfaction with a cadre who does nothing.
Hence, dismissal from public office within the system is a very complicated matter.
"Um!"
“Since there is no formal document to notify you yet, let’s file a reconsideration first and ask for an explanation from the High Court and the administrative department.”
“At least you need to get a formal document notification. Only after you get a formal document notification can you appeal or proceed to the next step of in-depth appeal.”
Hearing Su Bai’s arrangement, Zhang Hongtao nodded: “Okay, Lawyer Su.”
“I will listen to Lawyer Su’s arrangements.”
.
….
the other side.
Su Bai submitted the reconsideration to the High Court and relevant administrative departments.
In the office of the Vice-President.
Guan Yuandong received the reconsideration materials submitted by Su Bai.
After receiving the reconsideration materials, Guan Yuandong immediately asked Xiao Shan to come over to discuss what should be done with this reconsideration.
In other words, how should this review be handled?
After all, applying for reconsideration is a legal and compliant matter.
After Guan Yuandong described the matter in detail, Xiaoshan was silent for a while.
For this problem, Xiaoshan has actually already thought about what to do.
When Xiao Shan proposed that Zhang Hongtao should be dismissed from public office as a punishment, he had already thought of how to solve this matter.
So he immediately said: "Dean Guan, this matter is originally a violation of regulations, and it is only because we have suppressed it that we have reached the current situation."
“There are no specific documents for implementation yet.”
“If we want to truly implement it, we will definitely not be able to come forward, because there is no formal procedure for us to come forward and it does not comply with relevant regulations.”
“The representative has certain supervisory rights over the court and supervision. In this case, it is entirely possible for the higher authorities to produce documents to confirm Zhang Hongtao’s expulsion.”
“In this way, it is legally and procedurally compliant.”
"Another point is that the purpose of our doing this is to have a certain explanation to the superiors. We have tried our best on this matter. If the superiors want to punish Zhang Hongtao, they can issue documents to expel Zhang Hongtao. Zhang Hongtao’s public duties.”
“If they don’t want to punish Zhang Hongtao, then even if the higher-ups directly reject our request, we won’t be in any dilemma.”
"I think...this matter should be discussed at the top."
"At least...it won't be too difficult for us here, what do you think, Dean Guan?"
Guan Yuandong nodded slightly when he heard Xiao Shan's thoughts.
His thoughts are the same as Xiao Shan’s, now that the matter has been decided.
The matters on their court side have basically been completed.
Zhang Hongtao’s dismissal from public office originally required the nod of the provincial representative. They can indeed do this, but if Zhang Hongtao files for reconsideration.
In the end, Zhang Hongtao was able to resume his official duties after making a fuss.
After all, last time they originally wanted to delay Zhang Hongtao’s case from going to trial.
But Zhang Hongtao also used the default method within the rules to bring the matter directly to the big boss.
So in this case, they certainly can't do any other small actions.
That can only depend on the attitude of the people above.
Guan Yuandong listened to Xiao Shan’s opinions just to gain recognition before speaking to the representatives.
After reaching an agreement and waiting for Xiao Shan to leave the office, Guan Yuandong immediately called his superiors.
Provincial representative is an abbreviation, which has certain supervision over law enforcement, legislation and courts.
The leader above that Guan Yuandong and Xiaoshan have always stated is the director leader.
After the call is connected.
Guan Yuandong immediately gave the other party a brief description of the current situation.
It means to fire Zhang Hongtao from public office, which is not something their court can decide.
It is also necessary to represent Zhang Hongtao’s violations with relevant documents.
In the director’s office.
He Jun, as a representative, calmly spoke after hearing Guan Yuandong’s report:
“Can’t even your court handle the position of chief judge of a small basic court?”
“Don’t your courts have any restraint on lower courts?”
“How do you usually work?”
Hearing this series of questions, Guan Yuandong was stunned for a moment and said quickly:
“This…According to laws and regulations, these matters are not under our jurisdiction.”
"If it is not under our jurisdiction, then it is not easy for us to interfere. After all, we do not have the authority..."
“It is illegal to insist on jurisdiction. It’s not that we don’t want to do it, it’s that we can’t do it.”
"so.…"
“So Director He, we don’t have any solution. We are really in a dilemma.”
Facing Guan Yuandong’s explanation, He Jun was a little impatient and directly interrupted Guan Yuandong’s statement:
“Okay, don’t tell me any more things that I don’t deserve.”
“I don’t want to hear these words.”
“This matter is because you have a big problem in handling it, that’s why there is such a big trouble.”
"Such a simple matter can't be handled well. Don't continue talking about other matters. I don't want to hear any more explanations from you. I will arrange for my representative to handle this matter."
“Please cooperate with us.”
“Okay, Director He, we will definitely cooperate well here!”
As soon as Guan Yuandong finished speaking, there was a snapping sound on the phone.
The call was hung up, and Guan Yuandong took a long breath.
This matter has always been He Jun's business, and the pressure was also given by He Jun.
Based on the current situation, He Jun is obviously dissatisfied with Zhang Hongtao.
That's why he got so angry when he mentioned this matter.
But fortunately, looking at the current situation, He Jun has decided to intervene in this matter.
This matter has nothing to do with him anymore, so the blame has been thrown away.
…
Guan Yuandong took a long breath, secretly feeling happy in his heart.
On the other side, after hanging up the phone.
He Jun immediately called his secretary and said:
“There is Zhang Hongtao in the lower court who is involved in a serious matter. Please contact Guan Yuandong to learn more about this matter, and then issue a document indicating Zhang Hongtao’s violation and ask the lower court to arrange for Zhang Hongtao’s dismissal from public office.”
“Go.”
He Jun finished arranging all this and waved his hand.
For him, a judge of a small basic court cannot make any waves at all.
If you were not worried that you would cause too much public opinion on the Internet when you were about to be promoted, causing huge adverse effects.
To be honest, he is just such a small judge and he handles it casually.
Why go to all this trouble?
Even when Guan Yuandong reported this matter to him, he felt that it was not necessary.
After all...the other person is like an ant in his eyes. How can he see an ant in the eyes of an elephant?
Soon, He Jun’s secretary had contacted Guan Yuandong and confirmed how to issue the execution documents.
It's just that all the documents issued need to be reviewed by He Jun.
In the office.
He Jun’s secretary is reporting to He Jun on the upcoming documents.
"director.…"
“The document that is about to be issued states that Zhang Hongtao, as a judge, has a huge tendency to violate his duties as a judge. This duty does not reach the level of a crime, but it has reached the level of violating corresponding regulations.”
“To determine dismissal from public office.”
“This is a relevant document. Director, would you like to take a look?”
He Jun took the relevant documents and glanced at them briefly.
His secretary has been with him for about seven or eight years.
He is very at ease in whatever he does.
After a brief glance, he nodded and confirmed the content.
“I have read this content and there is nothing wrong with it. Please check it twice more to avoid any other problems.”
“Then let’s go to the basic court and let them handle the expulsion.”
“Good director.”
.
….
In Bai Jun Law Firm.
During the time when the review was submitted, Li Xuezhen had been thinking about what kind of response the relevant departments should give regarding the review.
after all.…
If their reconsideration passes, Zhang Hongtao can resume his position as judge.
In this way, many processes and steps are eliminated.
But if the reconsideration fails...then the result...
Li Xuezhen’s eyes shone brightly. If the reconsideration failed, then a large number of people would be involved!
As for whether the reexamination is passed or not, Li Xuezhen actually prefers the latter - reexamination is not passed.
Because in this case, whether it was the verdict against Zhang Hongtao in the first instance or the difficulty in holding the second instance.
Everyone can see that this case has encountered huge obstacles.
In this case, will the other party allow the reconsideration to pass easily?
Obviously not!
Since it won't happen, then... wouldn't the result be wonderful?
Wonderful!
Li Xuezhen is now looking forward to the follow-up reply from the relevant departments!
.
….
PS: Please give me a monthly ticket~
(End of this chapter)
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