Tokyo Barrister: Start the law firm bankruptcy

Chapter 196 Reporting Jurisdiction (Two in One)

1:1 a.m., Tokyo High Court, No. 4-[-]-[-] Kasumigaseki, Chiyoda-ku, Tokyo,

Chiyoda District is one of the three core areas of this bay city, and its north is adjacent to the Imperial Palace not far away.In this area, the core buildings are not the towering commercial office buildings, or the leisure shopping plazas one after another.This area gathers a large number of offices of political, administrative and judicial institutions.The off-white building with rows of blue glass standing at No. 1-1-4 Kasumigaseki is the Tokyo High Court.In the buildings surrounding the Tokyo High Court, there are many national government agencies such as the Metropolitan Police Department, the Ministry of Justice, the Ministry of Agriculture, Forestry and Fisheries, and the Ministry of Foreign Affairs.

Judge Jiang Tian stood in front of the majestic building of the High Court. Even though he was already a magistrate, he could still feel the majesty and power emanating from the building in front of him.And this sense of majesty will be further strengthened by the office buildings of the surrounding state agencies.Today is the first day Judge Eda was transferred to the Tokyo High Court, and it was also the first day he officially reported to work. After taking a deep breath, Judge Eda walked into the building and accepted the security check.

A female administrative secretary who had been waiting downstairs immediately stepped forward when she saw Jiang Tian's figure and led him to report for duty.Pass through the public service hall in front, then climb up the steps to the third floor, pass through the courtrooms, come to a rather hidden elevator, and press the button.

The female secretary turned her head, with an apologetic expression on her face, "Judge Jiang Tian, ​​I'm sorry, because you haven't officially reported for duty yet, so you can only come in through the public passage. After the official formalities are completed, I will guide you to familiarize yourself with it." Judge passage."

"It doesn't matter." Judge Jiang Tian smiled slightly.

From time to time, you can see some well-known barristers in Tokyo on the public passage, as well as some members of the public who are dressed with a very elite look, and you can tell that they must be the management of large companies.This is the Tokyo High Court, which is the place where major and important cases in Tokyo are tried. It is the only court in Tokyo equipped with metal detectors.Judge Jiang Tian's heart was already a little agitated.

It is really an honor for me to be able to work in the Tokyo High Court when I am in my thirties.

With a sound of "ding", the elevator door opened, and as the elevator came to the 17th floor, the administrative secretary led Judge Jiang Tian to walk forward, passing many offices, but there was no one there.When he came to the eighth office, the administrative secretary stopped, turned around and smiled, "Judge Jiang Tian, ​​you've arrived."

But I saw that the office was also empty.There are three tables inside, one of which still has a teacup on it, which is faintly steaming, but there is no one on the seat.

The administrative secretary turned on the computer in the office and taught the newly appointed judge how to use the case system of the Tokyo High Court.In fact, the system of the High Court is not much different from that of the local courts. After a little familiarization, Jiang Tian already felt at his fingertips, but at this moment he couldn't help but look at the empty seats in the office, raised his head, and asked:
"Hi, why are so many seats empty today?"

The administrative secretary smiled when he heard Judge Eda's words, "Today, the judges of the Civil Judgment Department of the court are meeting to discuss the jurisdiction of a case. The Shinjuku District District Court reported a case and requested our side to exercise jurisdiction."

【Report for Jurisdiction】

[The so-called reporting for jurisdiction means that a lower court submits a case that should have been tried by it to a higher court for jurisdiction.Among courts of different levels, often only cases with significant influence or involving a high amount of money have the jurisdiction of a higher court.The vast majority of cases are under the jurisdiction of the most basic courts.However, under certain special circumstances, the lower court may submit the case under its jurisdiction to the superior for jurisdiction]

Hearing what the administrative secretary said, Judge Jiang Tian was slightly taken aback.Reporting to jurisdiction is very rare among courts.Generally speaking, local courts will not easily submit a request for jurisdiction.First of all, the High Court will not easily agree to the application for jurisdiction.If the local tribunal can make a report at will, it means that the hierarchical jurisdiction system is useless.Secondly, the existence of the appeal system also makes it unnecessary for the local court to apply for jurisdiction.After the judgment of the first instance, if the parties appeal against the judgment, the case will naturally be transferred to the higher court.Therefore, reporting for jurisdiction rarely occurs in judicial practice.

Judge Eda had just left the Shinjuku District Magistrates' Court at this time. He did not expect that such a request for jurisdiction would come out from his old club. He took out his mobile phone and was thinking about whether to give it to his former colleagues. what's up.

"Judge Jiang Tian, ​​the registration procedures here are almost completed. If there is anything you don't understand, you can come and ask me." The administrative secretary smiled.

"Okay." Judge Jiang Tian thanked him softly.

After saying goodbye to the administrative secretary, he sat in front of the computer, crossed his hands, and looked at the screen.What is displayed on the screen is the case system of the court.At present, there are zero cases under my own name in the High Court.There is no case, even sitting in the office, but there is no work to do.Judge Jiang Tian then poured himself a cup of hot water, put it on the table, and finally sat down again, staring at the screen, just quietly waiting for the lottery assignment of the case. what is it
……

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On the other side, the conference room of the trial building of the High Court.

A man in his fifties with a majestic face and gold-rimmed glasses was sitting in the front row of the seat listening to the report.He wore a Yata mirror badge on his chest, and a faint coercion radiated from his body.Although as far as the interior of the same tribunal is concerned, there are not many levels of division among judges.But in front of him, this kind of real sense of coercion can't help but make the people sitting beside him fear.The man is Daisuke Ishii, chief executive of the Tokyo High Court.

At this time, a judge from the Shinjuku District Magistrates Court was reporting at the meeting.The report was coming to an end, and at the end the judge said, "In summary, we hope that the Tokyo High Court will exercise jurisdiction over this case. In this case, the Grand General Hotel may be required to remove the load-bearing columns, which will eventually cause the entire The building was demolished and faced a loss of nearly 700 billion yen. Therefore, the actual amount involved in the case has far exceeded the amount under the jurisdiction of the Shinjuku District Magistrate. We request the Tokyo High Court to exercise jurisdiction over the case in consideration of the special circumstances of this case right."

Listening to the report on the stage, Ishii said in a deep voice, "Okay. We have already understood the idea of ​​the Shinjuku District Magistrate's Court. Next, we will conduct internal discussions and then make a decision."

The judges on the stage stepped back immediately, and under the guidance of the administrative staff, they walked out of the meeting room and waited for the result.The judge's assistant on the side gently closed the door.The internal meeting record clerk immediately prepared a dedicated shorthand keyboard to start recording at any time.

Ishii looked at the judges in the conference room.At this moment, the judges in this room can all be called the legal elites in the country of Toyo.Ishii stood up, and then said, "Everyone, please express your views on whether the Tokyo High Court should accept the Shinjuku District Court's application for jurisdiction in this case. We will vote on this issue in three to 10 minutes."

After the words fell, a judge took the lead in saying: "As far as the current hierarchical jurisdiction system is concerned, it is still mainly based on the amount involved in the case to determine which level of court should have jurisdiction. The larger the amount involved, the higher the level of court. Jurisdiction. Among them, my understanding of the amount involved in the case should be the amount clearly stated in the plaintiff’s claim, not the amount that the defendant may suffer losses due to the loss of the lawsuit. In the lawsuit against the General Hotel, the plaintiff Gao Jing The petition only requested the removal of the large pillars of the hotel, and did not raise any claims for monetary compensation. Accordingly, the case should be considered as a pure nuisance dispute and should continue to be under the jurisdiction of the Shinjuku District Court.”

"I object." Another judge immediately said, "The subject matter of the case should not be judged only by the amount in the claim. We should penetrate the surface and see the essence. The circumstances of this case are very special, although the plaintiff did not The content of any monetary compensation is mentioned in the lawsuit. But in fact, the plaintiff only took back two square meters of land from the General Hotel, and there was no significant gain at all. Its ultimate purpose, to a large extent, can even be said to be It falls on the settlement and compensation of money. The reason why the opposing lawyer did not file a lawsuit with the nature of compensation is very likely, but to obtain a larger settlement. If the court decides to support the plaintiff Zhu’s claim, then the plaintiff can almost get a settlement amount equivalent to the demolition of the entire building. Therefore, in this case, we need to penetrate the surface and see the essence, and we must base on the actual impact of the case. Jurisdiction determination."

A judge sitting in the corner said: "Personally, I think the opinions of the two judges just now are inappropriate. We must go back to the meaning of reporting jurisdiction. The so-called reporting jurisdiction means that the lower courts will The case is submitted to the jurisdiction of the higher court. The premise of reporting for jurisdiction is that the lower court already has jurisdiction over the case. The essence of the debate between the two judges just now is whether the lower court has jurisdiction over the case. If the Shinjuku District Court has no jurisdiction over the case Without jurisdiction, the so-called reporting jurisdiction is out of the question. In terms of procedure, this case should be directly under the jurisdiction of our Tokyo High Court, rather than reporting jurisdiction."

"I agree with this point of view." Ishii nodded slightly, and said, "If the Shinjuku District Court does not have jurisdiction over this case according to the hierarchical jurisdiction system, then it is impossible to talk about applying for jurisdiction. Therefore, the problem we are facing now In this regard, we must first resolve the issue of the jurisdiction of the local tribunal to decide whether the jurisdiction of the referral applies."

"Only from the formal point of view, there is no doubt that the Shinjuku District District Court has jurisdiction over this case." A judge said, "The cause of action in this case is to exclude the nuisance dispute. The calculation is based on the value of the land, not the cost paid by the defendant to fulfill the judgment. The land involved in the case is only two square meters, and the value is not huge enough to be under the jurisdiction of the Tokyo High Court. Therefore, the Shinjuku District Court has jurisdiction over this case , the reporting jurisdiction system can be applied.”

"In view of the fact that the load-bearing column is to be demolished in this case, there are indeed special circumstances. Therefore, I suggest that we should agree to the jurisdiction of the Shinjuku District Court."

Ishii nodded and said, and then said, "Is there any further comments to be made?"

The voice fell, and no judge was speaking at this time.Just now, the three judges have basically exhausted the issue of applying for jurisdiction.

"Okay. Then we will vote on the following issues by show of hands." Ishii said, "First, whether this case is suitable for reporting jurisdiction. Second, if applicable, whether we should agree to the reporting request of the Shinjuku District Court. Let's start the vote. "

As Ishii's voice fell, the dark hands in the conference room were raised immediately.

The judge's assistant next to him carefully counted the number of hands raised in the meeting room, and then recorded the number of consent votes in the meeting room.

After two rounds of votes by show of hands, the results were announced.

Ishii glanced at the results on the blackboard, and then announced: "The Tokyo High Court decided to agree to the Shinjuku District Court's application for jurisdiction, and exercise jurisdiction over the case of Takai v. Akagi Hotel Group and Keiji Tokugawa."

After the announcement, Ishii looked at the administrative staff next to him and said, "We can start lottery to assign cases now. There is no need to wait for the local court to hand over the files."

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judge's office.

At this moment, Judge Jiang Tian was still waiting in front of the computer for the assignment of the first case.

Suddenly, a prompt box appeared on the system screen, followed by a small red dot on a bell icon next to it, indicating that a case number had been assigned to Jiang Tian’s judge account, and then the entire system was refreshed, In terms of the number of cases under his name, the number "1" suddenly appeared.

The... first case came? !

Judge Jiang Tian felt a little caught off guard, and immediately moved the mouse to click into the system to see what the case was assigned to him.Jiang Tian was both a little excited and a little apprehensive.My career as a judge of the High Court is about to begin.

With the click of the mouse.

In an instant, several familiar names came into Judge Jiang Tian's eyes one after another.Just seeing the plaintiff's information on the first line of the case information form, Jiang Tian couldn't help being slightly taken aback, thinking that he had read it wrong.At this moment, he even thought that he had just logged in to the judge account of the Shinjuku District Magistrates Court, not the judge account of the Tokyo High Court.However, the plaintiff's information on the first line of the case information form reads:

[Plaintiff: Masahiko Takai]

[Attorney for the plaintiff: Yoshiichi Kitahara, lawyer at Eto Law Firm, and trainee lawyer Saeko Miyagawa at Eto Law Firm]

(End of this chapter)