Lawyer's character

"2. The cause of this case

Back to this case, according to the evidence and case file materials submitted by your court, this case is a rights dispute caused by the coal mine’s expropriation of villagers’ land for development.

The coal mine requisitioned the land of Du Jianjun's village group. Although compensation was paid, Du Jianjun and other villagers believed that the compensation standard was too low, and then asked the coal mine to increase the compensation amount. They also believed that the coal mine actually occupied more village collective land and should be compensated for the excess. Land compensation.

Objectively speaking, the compensation standard given to villagers by the coal mine is indeed too low, otherwise the coal mine would not have raised the land acquisition compensation standard through the mediation of relevant departments.

The dispute between Du Jianjun and other villagers and the coal mine is a civil dispute arising from the land acquisition process. This kind of rights conflict is very common in the land acquisition process and is a common case of civil litigation.

3. Rights protection

Judging from the behavior of Du Jianjun and other villagers, Du Jianjun and others once filed a lawsuit against the coal mine for occupying too much land and infringing on the villagers' rights, but the lawsuit was rejected by the court of first instance, and they later appealed.

It can be seen from this that Du Jianjun does not despise the existence of the law, and they have the subjective will to safeguard their rights through litigation.

4. Hazardousness

Although Du Jianjun and other villagers threatened to block the wellheads and roads, prevent the coal mine from normal production, destroy the coal mine, and burn the coal mine, they forced the coal mine owner Nie Zhen to pay various compensations of 150,000 yuan. Objectively speaking, It does seem to be somewhat harmful.

But as you just said, we must look at the case as a whole. Du Jianjun's above-mentioned behavior needs to be evaluated in conjunction with the education level and legal concepts of local farmers.

After all, local villagers have not received systematic legal education and have relatively weak legal awareness. It is inevitable that the local villagers' rights protection methods do not comply with legal regulations. In my opinion, the consequences of this case are not very serious, the circumstances are not particularly bad, and the harm is not great.

To sum up, I believe that Du Jianjun’s behavior does not have the purpose of illegal possession in nature and should not constitute the crime of extortion. "Fang Yi said.

After listening to it, Prosecutor Cai felt that what Fang Yi said seemed to make sense. She didn't know how to refute it for a while: "Well, you provide an opinion on this case and we will study it further."

"Okay, thank you. I'm ready." Fang Yi said, taking out a lawyer's opinion from his bag and handing it over.

Inspector Cai suddenly felt that the lawyer Fang in front of him seemed different from most of the lawyers in the county he had met. He was not just a formality, but he could really say something.

It's not that she has never seen such lawyers, but there are too few. Many lawyers come to say a few words, submit their opinions and then go back. Some of the documents submitted by lawyers are unreasonable, and some are eloquent and incomprehensible. Yes, there are also nonsense. Some of the documents submitted by lawyers are even grammatical and full of typos. At first glance, they are just trying to make things up.

Prosecutors look down upon those lawyers who fool around. They will also communicate privately that the documents issued by that lawyer are beautiful and that the documents submitted by that lawyer are bullshit. They are purely cheating money. For those who cheat money and get into trouble. Lawyers, they will naturally not look down upon you.

For those lawyers who have real skills, although they are sometimes slapped in the face and make them look ugly, privately they still admire these types of lawyers and admire their professional abilities.

After walking out of the procuratorate, Fang Yi breathed a sigh of relief, and then called Du Xi to tell him about the meeting with the inspector. He had done everything he needed to do, and now he was waiting for the court session.

Half a month later, Fang Yi received an EMS express from the Provincial High Court, and Lu Meifeng's case was decided. After receiving the notice, Lu Meifeng came to Zhengyi Law Firm excitedly.

"Lawyer Fang, did you win my case?" Lu Meifeng was still so reserved, but her superficial reserve could not hide her excitement.

“Yes, the case was won.

The Provincial High Court determined that the court of first instance rejected your enforcement objection and supported the bank's claim in accordance with Article 27 of the "Regulations of the Supreme People's Court on Several Issues Concerning the Handling of Enforcement Objections and Reconsideration Cases by the People's Courts" and improperly applied the law.

The Provincial High Court ruled: 1. To revoke the civil judgment of the first instance; 2. To reject the bank’s claim. "Fang Yi said with a smile.

"Does that mean my enforcement objection is established and the bank can no longer enforce my parking space?" Lu Meifeng didn't quite understand what Fang Yi said and asked expectantly. She hoped that Fang Yi could tell her the final result in plain English.

"Yes. As you wish, the parking space is yours. The court has determined that you have the legal rights to exclude the enforcement of the bank's mortgage rights. To put it bluntly, the court will no longer enforce your parking space. You can rest assured to use it. That’s it.” Fang Yi explained.

"Thank you, thank you Lawyer Fang. Before, I thought of treating a dead horse as a living horse doctor, but I didn't expect it to happen. Mr. Yun is right, there are really hidden dragons and crouching tigers in this small county, and there really is a 'barrister'." Lu Meifeng said with a smile.

Lu Meifeng's words made Fang Yi feel embarrassed. Barrister? Why don’t you know? Is there such a miserable barrister?

In fact, from the bottom of his heart, Fang Yi really never thought about becoming a barrister. There are hundreds of thousands of lawyers across the country, and there are only a few truly famous barristers. The rest are all blocked by themselves in order to win cases (of course they will definitely not so).

Ninety percent of lawyers work hard every day and struggle for a living. Only a few of them really make big money, but among these few lawyers, a few rely on It’s hard to say that people make money professionally (everyone who knows how to do it understands).

While waiting for the hearing of Du Jianjun's extortion case, the case of Fan Yinuo's contracting negligence liability dispute with Tomorrow Star Company was opened.

At 10:30 in the morning, Fang Yi came to the county court. Tomorrow Star Company sent a human resources specialist to respond to the lawsuit. The person who heard the case was a female judge in her thirties who was very pretty.

"Plaintiff, defendant, can you two mediate?" the female judge asked.

"Mediation is possible, and the other party must pay compensation for their dishonest behavior." Fang Yi said.

"Defendant, do you accept mediation?" The female judge looked at the personnel specialist.

"We do not accept mediation." The personnel specialist said.

"If the mediation fails, the formal hearing will now begin. The plaintiff will state the litigation claims, facts and reasons." The female judge was too lazy to talk nonsense and banged the gavel directly.

“Litigation claims: 1. Request that the defendant be ordered to pay the plaintiff 14,000 yuan in lost wages; 2. The litigation costs of this case shall be borne by the defendant.

Facts and reasons: After seeing the defendant’s recruitment information on the recruitment website, the plaintiff went to the defendant for an interview. After passing the interview, the two parties agreed that the plaintiff’s salary standard was 7,000 yuan per month, with a probation period of 5,600 yuan and a three-year contract. Annual contract with a six-month trial period. The position is the principal of the branch.

After that, the plaintiff quit his job and came to the defendant to go through the entry procedures, but was told that the salary standard would be reduced to 4,000 yuan during the probation period and 5,000 yuan after becoming a regular employee.

Because the defendant unilaterally lowered the plaintiff's entry salary, the two parties were unable to sign a labor contract and the plaintiff was unable to complete the entry procedures.

The plaintiff believed that the defendant's above-mentioned behavior violated the principle of good faith and caused economic losses to the plaintiff. Therefore, he filed a lawsuit with your court and asked the court to support the plaintiff's claim in accordance with the law. complete. "Fang Yi said.