Madman Zhang San: That Hammer, You Are Finished
Chapter 187 The Law Is Not Retroactive
Boom!
As soon as Yu Jin hit the hammer, before he could speak, Lin He stood up and glanced at Zheng Hai on the opposite side with a blank expression.
It was such an unremarkable action, but Zheng Hai, who was facing him, couldn't help but shrink his neck.
Lin He let out a sigh of relief and said, "The defendant's lawyer just said that Ms. Xiao Ran's request for an equal share of the property rights of the self-built building is unfounded."
"We don't agree with this."
"On the contrary, our request is based on the law."
"It's completely reasonable and legal!"
Um?
Lin He's statement surprised the professionals present.
Not only Yu Jin, Zheng Hai was surprised, even the other two jury judges were surprised.
As an important part of civil law, the "Marriage Law" is simple and widely used, and is familiar to almost every judicial person.
At this moment, they are searching their stomachs, and they can't think of what "legal compliance" means in Lin He's mouth.
Seeing this, Lin He smiled slightly, "Everyone knows that this "Marriage Law" was only promulgated and used in 2001."
"Before this, there is still another code that applies to mediation of marital conflicts and divorce disputes."
"In November 1993, the Supreme People's Court promulgated the "Several Specific Opinions on Handling Property Division in Divorce Cases".
"One of the guidelines states this."
"The property owned by one party before marriage and jointly used, operated and managed by both parties after marriage, the house and other means of production with high value after 8 years, and the valuable means of living after 4 years, can be regarded as the joint property of the husband and wife."
"Whether it was Xiao Ran and Wang Defa's marriage certificate in 1992, or Mr. Wang Defa's confirmation and registration of the self-built building in 1990, it was before the introduction of this guidance."
"That is to say, before the application of the new marriage law, Ms. Xiao Ran has been involved in the management and use of this self-built building for more than 8 years."
"According to the law at that time, this self-built building was built around 2000, and it should be regarded as the joint property between their husband and wife."
"Therefore, our Ms. Xiao Ran proposed that it is completely legal, compliant and reasonable to share the property rights of self-built buildings equally!"
hiss!
After hearing Lin He's speech, everyone in the field took a deep breath.
Nima, do you want to be so terrifying, to file a lawsuit, and even bring out the laws and regulations 30 years ago.
The point is, how old is Lin He? It seems that he is only in his twenties. The age of this law should be older than his age, and he even knows it?
Dude, do you want to roll like this?
You know so much, it will make us people look useless!
After the surprise, everyone looked at me, and I looked at you, wondering if what Lin He said was true or false?
Lin He stood there and said very considerately: "Because this code is old, maybe everyone is not very clear."
"I also asked the clerk at the scene to agree to transfer it on the big screen, and everyone will know at a glance."
At the end, Lin He also reminded very intimately: "The sixth regulation is the regulation I just mentioned."
The secretary glanced at Lin He resentfully. Third brother, please stop showing off!
Otherwise, I will feel like a waste.
Soon, under the fierce operation of the clerk, "Several Specific Opinions on Handling Divided Property Issues in Divorce Cases" appeared in front of everyone.
Pull down the mouse and turn to the sixth item, everyone will take a closer look.
I drop a turtle, and it's exactly the same as what Lin He said just now.
Madman Zhang San, so terrifying!
Yu Jin and others finally understood why the third brother's reputation is so loud, this brain is better than a computer!
It is a computer, and it is only after some inquiry that the results can be displayed.
It's good for him, whatever laws and regulations, he will come when he opens his mouth. Now that I think about it, the one judge, two lawyers, and many clients who were sent in by him is really not wrong.
Zheng Hai took his eyes away from the big screen, and after a struggle in his heart, he still decided to fight for his client.
"It is true that what the plaintiff's lawyers say about the law is word for word, but so what?"
Zheng Hai took a deep breath and said, "What you are relying on is just an outdated code that is not suitable for the times."
"This code has been replaced by the new Marriage Law."
"The plaintiffs use the previous code to fight for their current interests. Isn't this a bit inconsistent...is it in line with the current spirit of the rule of law?"
The last sentence, Zheng Hai almost pinched his nose and said it.
In a place that no one can see, his fists are clenched tightly, as if to cheer himself up.
There is no way, this is an online hardcore outlaw madman, and the risk factor is extremely high, maybe he will be sent in at some time.
Ha ha……
Lin He smiled slightly and said to Zheng Hai: "The defendant's lawyer said this paragraph, I guess you should be a lawyer in civil cases, and you should rarely be involved in criminal cases!"
Criminal case?
Hearing these four words, Zheng Hai Chrysanthemum was tense.
Nima, what does he mean, is he trying to send me in?
Zheng Hai stared at Lin He with a pale face, regretting in his heart. Was he too impulsive just now?
Zhang San is going to go crazy, what should I do?
I'm so panic!
Lin He was not in the mood to observe Zheng Hai's face, and continued: "In our country's spirit of rule of law, there is such a thing, called 'the law does not go back to the past'."
"In layman's terms, today's rules cannot be used to restrict yesterday's behavior."
"This is true not only in our country, but also in many major countries in the world. The United States passed the constitution as early as 1787: retroactive laws cannot be passed."
"Suppose, once a new law appears, the old law should be abandoned, or even stand on the opposite side of the old law."
"Then I would like to ask, how can the interests of the parties be guaranteed."
"I believe that before the introduction of the new marriage law in 2001, thousands of divorce cases in our country were tried and adjudicated under this law."
"Would those cases have to be overturned just because the defendant said an 'outdated code'?"
Lin He's body is straight, his eyes are flat, and his voice is loud.
Facing his powerful aura, Zheng Hai seemed to notice two red lights in his eyes, but he couldn't say a word.
Lin He let out a sigh of relief, a smile on his face: "I'll give you another example, in the history of our country, in 1958, sparrows were listed as one of the four pests. At that time, the government mobilized the people of the whole country to eliminate them, or even eliminate them. The more you get, the more rewards you get.”
"But... In August 2001, the state included sparrows in the list of protected animals."
"Any killing, sale and consumption of sparrows is illegal."
"As the defendant's lawyer said, according to the laws of the new era, these people are all illegal. Are they going to be arrested?"
"You must know that hunting sparrows at that time was a national mobilization. If you want to arrest these people, I'm afraid the prison will be full."
"But more than 20 years later, I haven't heard of any judicial case because someone was arrested for killing sparrows before 2001."
"Therefore, I think it is completely untenable for the defendant's lawyers to say that the new era code negates the old one."
"Similarly, before the promulgation of the new "Marriage Law" in 2001, we, Ms. Xiao Ran, had already obtained half of the ownership of the self-built building at No. 139 Dehua Street."
"The defendant's lawyer denied the benefits that Ms. Xiao Ran has obtained on the grounds of the new "Marriage Law", which is equivalent to infringing on our legitimate rights and interests."
"For this, I will reserve the right to investigate your criminal responsibility!"
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