Tokyo Barrister: Start the law firm bankruptcy

Chapter 500 Rhetorical Questions
"Chief referee." A young male voice said.At some point, Bei Yuan got up from the plaintiff's seat and looked at the judges on the stage.Like the boundless sea of ​​night in the boundless rainstorm, at this moment, a glimmer of light from a lighthouse suddenly appeared.

Takezawa noticed the figure of the male lawyer.Before the court session, she had also read the information of the opposite agent in detail.To be honest, at the beginning, she thought that the person who had filed blackmail lawsuits against the Kawamoto Expressway and the General Hotel should be an experienced lawyer.But when the documents were actually opened, there was an extremely young lawyer in front of him.

Interesting, it seems to be really interesting.Takezawa narrowed his eyes slightly, carefully sizing up the male colleague in front of him.

"The plaintiff's attorney now issues the following cross-examination regarding the first set of evidence presented by the defendant." Kitahara said, "First of all, regarding the first piece of evidence presented by the defendant, that is, the National Assembly's Decision on Establishing Kyoto University as a National Educational Legal Person ". This document not only fails to prove the defendant's degree-granting behavior, and does not include the factors of the exercise of administrative power, but can also prove that the defendant's degree-granting behavior is an administrative behavior."

"First, this document can fully explain that Kyoto University is a legal person authorized by the National Assembly. The so-called executive power is the power to execute laws. The National Assembly is the legislature of the East, and its bill on the establishment of a national educational legal person belongs to the law. In order to accurately implement The relevant legal acts of the national education legal person belong to the matter of implementing the law, and there is nothing wrong with defining it as administrative power in jurisprudence."

"Secondly, the so-called "Kyoto University Charter" also confirmed once again that the basis for the establishment of Kyoto University comes from the laws enacted by the National Assembly. factor of state power.”

"The plaintiff's attorney's point of view is absurd." Takezawa immediately got up and retorted, "Institutions established according to the Act of the National Assembly do not necessarily mean that they are exercising administrative power. For example, the Toyo Red Cross Society was established according to the Act of the National Assembly However, can the attorney for the plaintiff think that the Eastern Red Cross Society is exercising administrative power? For another example, there are labor unions in Eastern Japan that were established based on congressional documents. Should the attorney for the plaintiff also think that these labor unions are exercising administrative power? that power?!"

Kitahara chuckled, "The two examples cited by the defendant's attorney are inappropriate. The Red Cross Society is located in Switzerland and is a complete non-governmental organization. The reason why the Oriental Diet issued a decree on the Red Cross The requirements of the Geneva Convention. As for the establishment of trade unions, it is because trade union organizations have the privilege of exempting from legal punishment for using violence to strike, so a congressional decree is needed to clarify their organizational status.”

"But these are fundamentally different for universities." Beiyuan continued, "Education, like health, transportation, market supervision, emergency management, and environmental protection, is the field of public services provided by administrative agencies. In the provision of these public services The process of serving is the use of administrative power, which can be regarded as a kind of beneficial administrative behavior."

【Administrative Behavior of Granting Benefits】

[Administrative behavior of granting benefits is a kind of administrative behavior.Different from setting an administrative burden on the counterparty, the administrative act of granting benefits is to pay the counterparty or exempt specific legal obligations.For example, when citizens receive pension payments from the state, this kind of payment from the state is an administrative act of granting benefits]

Takezawa frowned slightly, and then retorted again, "If it is school education at the compulsory education stage, then it can still be called an administrative act of granting benefits. If a six-year-old child wants to enter a public elementary school but is rejected, his parents can certainly take responsibility for it." Schools that have paid compulsory education file administrative lawsuits. However, such activities as higher education, where only a small number of citizens pass difficult examinations to qualify for university admission, can hardly be called administrative acts of benefiting.”

In an instant, Takezawa retorted again.

This seasoned former civil servant lawyer skillfully weaves one fire after another.

Constantly resisting the attack from Beiyuan.

However, in the next second, Kitahara suddenly said, "The defendant has repeatedly argued that although Kyoto University was established according to the Act of the National Assembly, it did not exercise any administrative power. Then, I would like to ask the defendant's lawyer, "The National Assembly on the Establishment of Kyoto University The Decision to Be a National Educational Legal Person stipulates that the Diet authorizes Kyoto University to perform various necessary missions and responsibilities as a national educational legal person. What does the word "authorization" mean? If no corresponding administrative power is granted , so how can you authorize it?"

The sudden rhetorical question made Zhu Ze suddenly dumb.

Although this experienced administrative lawyer was a little taken aback by the question of the young man in front of her, she still reacted quickly in a very short time, "Then how did the plaintiff's attorney conclude that the word 'authorization' here means The power delegated is administrative power, not other powers."

After finishing the words, only the corners of Bei Yuan's mouth turned up.

Feathered archers who seemed to be ambushing on both sides of the valley suddenly stood up and drew the bowstring.

In an instant, the night volley was fired, shooting at the winding enemy line.

The tranquility and peace just now were just traps set up to ambush the enemy.

"That means that the defendant's attorney admits that Kyoto University is exercising state power at least to a certain extent, but that this power does not belong to administrative power." Kitahara's voice sounded.

Zhu Ze was stunned for a moment, and then he was about to say, "Of course not!"

But as soon as the female lawyer spoke, she was interrupted by Bei Yuan, "The so-called "List of Kyoto Prefecture Administrative Organs and Entrusted Administrative Entrusted Entrusted Execution Agencies and Units", "Kyoto Prefecture City Hall Administrative Power Exercising Items List", etc. The information is actually from the pages of the official website of the Kyoto City Hall. It was produced by the local city hall itself, and it cannot indicate what the legal basis for the defendant's administrative actions is."

Listening to Kitahara's next cross-examination, Zhu Ze sneered even more, "Plaintiff's attorney. Please clarify, "List of Kyoto Prefecture Administrative Organs and Entrusted Entrusted Execution Agencies and Units", "Kyoto Prefecture City Hall Administrative Power Exercising Items List" 》was compiled based on legislative documents such as the "Local Administrative Organ Establishment Act" and "Local Administrative Organ Power Exercising Catalog" promulgated by the Kyoto Local Assembly, how could it not be used as a basis to prove that Kyoto University is not exercising administrative power?!"

Takezawa's counterattack wave after wave.

Whenever Beiyuan attacked, she was able to build a solid defensive front again.

However, right after Takezawa finished speaking——

Facing the defendant's seat, Bei Yuan shrugged and said, "The only basis for judging whether an administrative action is legal is whether it complies with the law. The documents issued by the local council are only local regulations, not national laws. If we say— What if the document formulated by the Kyoto Local Council is illegal?"

The young lawyer's rhetorical question echoed in the courtroom...

(End of this chapter)