Tokyo Barrister: Start the law firm bankruptcy
Chapter 548 Fierce Battle
Chapter 548 Fierce Battle
Even if Mount Tai is overwhelming, there is no fear.
Beiyuan stood up from the plaintiff's seat, looked at the judge's seat, with stern eyes, and said, "Chief referee. Looking at the entire investigation procedure initiated by Kyoto University against my client, it did not strictly follow the university's regulations! It did not protect my client. The right to know and the right to defend. In addition, there are still major differences that cannot be ignored on whether Mei Xizi’s thesis constitutes plagiarism, and they still insist on depriving my client’s degree. The improper and unjust procedures will inevitably lead to this The result of the students must be unfair and unfair! Specifically, there are four major procedures in the university that are seriously illegal!"
Beiyuan's voice echoed in the courtroom.
The accusation of serious violations of the procedures in four places was aimed at all relevant persons of the university present.
Like a sword coming out of its sheath, the cold light flickered.
Asakurahiko frowned slightly, and tapped his fingers on the table, he didn't expect that at this last moment, the other side would still struggle.Since you want to rush yourself to the execution ground, don't regret it!
The next second, Beiyuan's voice sounded again:
"First of all, the subject of the investigation has committed serious violations of the law. According to the internal regulations of the university - "Academic Misconduct Handling and Prevention Rules", Part B, Chapter 3. If the degree results involve misconduct, the degree evaluation committee should organize the investigation. For other academic misconduct On the other hand, the academic committee of the university will organize an investigation.”
"In this case, since the university believes that the academic achievements Mikiko used to apply for a degree have plagiarized, then the degree evaluation committee should organize an investigation in accordance with the corresponding regulations. However, we have seen that in this process, Kyoto University Academic Degree Evaluation Committee, but ordered the Academic Committee to establish an investigation team. Therefore, the establishment of the entire investigation team, the conduct of the investigation, and the confirmation of the results of the investigation are all completed by the Academic Committee. Therefore, the subject of the investigation in this case is essentially It is an academic committee, not a degree evaluation committee."
"According to the internal rules of the university, the academic committee is not qualified to investigate whether the degree results involve academic misconduct. Therefore, the investigation subject involved seriously violated the internal rules of the university. The investigation of Mikiko was made by the academic committee beyond its powers. An investigation without legitimacy!"
It was as if a long sword came out at this moment.
The horn sounded.
Kitahara immediately took advantage of the fact that the university's investigation subject did not meet the regulations and launched an attack.The university code stipulates that the investigation should be organized by the degree evaluation committee.However, in the process of actually investigating Mikiko, the academic committee was instructed by the Academic Degree Evaluation Committee to do related work.
Takezawa, who was in the dock, couldn't help but clenched his hands, his expression froze, and then he gasped.She has really acknowledged the strength of the young male lawyer opposite.If it weren't for this lawsuit, they would be too weak in terms of evidence.That lawyer named Beiyuan really... really has the potential to turn things around.
Asakurahiko got up immediately, and immediately retorted forcefully: "The statement made by the plaintiff's agent is not correct. The reason why the University Code stipulates that the academic misconduct of degree results should be investigated by the degree evaluation committee is because the degree evaluation committee has the authority to issue and award degrees. functions. Therefore, the decision to award and deprive degrees can only be implemented by the degree evaluation committee. But this does not mean that the specific investigation work needs to be carried out by the degree evaluation committee.”
"In fact, the academic committee is a university tasked with investigating academic misconduct. There is nothing to be blamed for entrusting the academic committee to investigate. Throughout the investigation process, the academic committee has reported to the degree evaluation committee. The plaintiff’s attorney’s opinion that the subject of investigation in this case violated the law is not correct!”
"Then I would like to ask the defendant's attorney—" Beiyuan said abruptly.
In court, the young man directly questioned the great authority of administrative law.
"According to the evidence in the case, the Academic Degree Evaluation Committee did not send any personnel to participate. All the matters investigated in this case were handled by the Academic Committee. Then, I would like to consult the defendant's lawyer. The Degree Evaluation Committee has been involved since the beginning From the end, the role is just to stamp a few stamps on the investigation documents. Can you still think that the subject of investigation in this case is the degree evaluation committee?!"
Asakura Yan replied easily: "The role of the degree evaluation committee is to coordinate the coordination of all parties. It is an organizational structure and a leading organization. From the perspective of the composition of the committee itself, it does not have enough manpower to carry out academic research. Misconduct investigations, of course, can only be entrusted to the academic committee to conduct misconduct investigations. This situation is normal, and the subject of the investigation should not be overly demanding. The reasons stated by the plaintiff's agent are not tenable!"
Kitahara ignored Asakurahiko's counterattack, but directly skipped this point, and said again: "The second illegal procedure is that Kyoto University did not specify the relevant regulatory basis in the decision to revoke the doctorate."
Beiyuan held up this page of materials, pointed to the text on it and said: "In the decision to revoke my client's degree, the relevant decision only records: 'Tamai Mikiko, because you violated the university's "Academic Misconduct Handling and Prevention Rules" "National Legislator According to the relevant provisions of the Regulations on Conferring Degrees, your degree will be revoked upon the decision of the Degree Evaluation Committee.'”
"Judging from the text of the decision involved in the case, Kyoto University only stated that Mikiko violated the relevant provisions of the "Academic Misconduct Handling and Prevention Regulations" and "National Legislative Degree Awarding Regulations", but did not specifically cite which article was applicable as the basis for depriving me of The degree of the party Mikiko. The person who made the administrative act should inform the other party what the specific legal norms are based on the relevant administrative act, so as to show that the administrator has legal authorization. Kyoto University did not upload the decision to revoke the degree The specific university rules and regulations are specified, and the legal basis for such an administrative action is not clear, and it cannot guarantee that the counterparty of the administration can fully defend the relevant administrative action. Therefore, the procedural rights of my client, Mei Xizi, have been severely deprived by the university. "
"The relevant decision of Kyoto University does not specify the specific legal norms, it belongs to the application of university rules and regulations, the law has no clear basis, and it has no legal authorization. The relevant administrative actions belong to the statutory situation that should be revoked!!"
Above the court, Beiyuan once again launched a second round of onslaught.
In the fighting after this battle, every round of ammunition poured out is the most vicious bullet.
At this stage, neither party will make any reservations.
Will use all the tricks to put the opponent to death.
(End of this chapter)
Even if Mount Tai is overwhelming, there is no fear.
Beiyuan stood up from the plaintiff's seat, looked at the judge's seat, with stern eyes, and said, "Chief referee. Looking at the entire investigation procedure initiated by Kyoto University against my client, it did not strictly follow the university's regulations! It did not protect my client. The right to know and the right to defend. In addition, there are still major differences that cannot be ignored on whether Mei Xizi’s thesis constitutes plagiarism, and they still insist on depriving my client’s degree. The improper and unjust procedures will inevitably lead to this The result of the students must be unfair and unfair! Specifically, there are four major procedures in the university that are seriously illegal!"
Beiyuan's voice echoed in the courtroom.
The accusation of serious violations of the procedures in four places was aimed at all relevant persons of the university present.
Like a sword coming out of its sheath, the cold light flickered.
Asakurahiko frowned slightly, and tapped his fingers on the table, he didn't expect that at this last moment, the other side would still struggle.Since you want to rush yourself to the execution ground, don't regret it!
The next second, Beiyuan's voice sounded again:
"First of all, the subject of the investigation has committed serious violations of the law. According to the internal regulations of the university - "Academic Misconduct Handling and Prevention Rules", Part B, Chapter 3. If the degree results involve misconduct, the degree evaluation committee should organize the investigation. For other academic misconduct On the other hand, the academic committee of the university will organize an investigation.”
"In this case, since the university believes that the academic achievements Mikiko used to apply for a degree have plagiarized, then the degree evaluation committee should organize an investigation in accordance with the corresponding regulations. However, we have seen that in this process, Kyoto University Academic Degree Evaluation Committee, but ordered the Academic Committee to establish an investigation team. Therefore, the establishment of the entire investigation team, the conduct of the investigation, and the confirmation of the results of the investigation are all completed by the Academic Committee. Therefore, the subject of the investigation in this case is essentially It is an academic committee, not a degree evaluation committee."
"According to the internal rules of the university, the academic committee is not qualified to investigate whether the degree results involve academic misconduct. Therefore, the investigation subject involved seriously violated the internal rules of the university. The investigation of Mikiko was made by the academic committee beyond its powers. An investigation without legitimacy!"
It was as if a long sword came out at this moment.
The horn sounded.
Kitahara immediately took advantage of the fact that the university's investigation subject did not meet the regulations and launched an attack.The university code stipulates that the investigation should be organized by the degree evaluation committee.However, in the process of actually investigating Mikiko, the academic committee was instructed by the Academic Degree Evaluation Committee to do related work.
Takezawa, who was in the dock, couldn't help but clenched his hands, his expression froze, and then he gasped.She has really acknowledged the strength of the young male lawyer opposite.If it weren't for this lawsuit, they would be too weak in terms of evidence.That lawyer named Beiyuan really... really has the potential to turn things around.
Asakurahiko got up immediately, and immediately retorted forcefully: "The statement made by the plaintiff's agent is not correct. The reason why the University Code stipulates that the academic misconduct of degree results should be investigated by the degree evaluation committee is because the degree evaluation committee has the authority to issue and award degrees. functions. Therefore, the decision to award and deprive degrees can only be implemented by the degree evaluation committee. But this does not mean that the specific investigation work needs to be carried out by the degree evaluation committee.”
"In fact, the academic committee is a university tasked with investigating academic misconduct. There is nothing to be blamed for entrusting the academic committee to investigate. Throughout the investigation process, the academic committee has reported to the degree evaluation committee. The plaintiff’s attorney’s opinion that the subject of investigation in this case violated the law is not correct!”
"Then I would like to ask the defendant's attorney—" Beiyuan said abruptly.
In court, the young man directly questioned the great authority of administrative law.
"According to the evidence in the case, the Academic Degree Evaluation Committee did not send any personnel to participate. All the matters investigated in this case were handled by the Academic Committee. Then, I would like to consult the defendant's lawyer. The Degree Evaluation Committee has been involved since the beginning From the end, the role is just to stamp a few stamps on the investigation documents. Can you still think that the subject of investigation in this case is the degree evaluation committee?!"
Asakura Yan replied easily: "The role of the degree evaluation committee is to coordinate the coordination of all parties. It is an organizational structure and a leading organization. From the perspective of the composition of the committee itself, it does not have enough manpower to carry out academic research. Misconduct investigations, of course, can only be entrusted to the academic committee to conduct misconduct investigations. This situation is normal, and the subject of the investigation should not be overly demanding. The reasons stated by the plaintiff's agent are not tenable!"
Kitahara ignored Asakurahiko's counterattack, but directly skipped this point, and said again: "The second illegal procedure is that Kyoto University did not specify the relevant regulatory basis in the decision to revoke the doctorate."
Beiyuan held up this page of materials, pointed to the text on it and said: "In the decision to revoke my client's degree, the relevant decision only records: 'Tamai Mikiko, because you violated the university's "Academic Misconduct Handling and Prevention Rules" "National Legislator According to the relevant provisions of the Regulations on Conferring Degrees, your degree will be revoked upon the decision of the Degree Evaluation Committee.'”
"Judging from the text of the decision involved in the case, Kyoto University only stated that Mikiko violated the relevant provisions of the "Academic Misconduct Handling and Prevention Regulations" and "National Legislative Degree Awarding Regulations", but did not specifically cite which article was applicable as the basis for depriving me of The degree of the party Mikiko. The person who made the administrative act should inform the other party what the specific legal norms are based on the relevant administrative act, so as to show that the administrator has legal authorization. Kyoto University did not upload the decision to revoke the degree The specific university rules and regulations are specified, and the legal basis for such an administrative action is not clear, and it cannot guarantee that the counterparty of the administration can fully defend the relevant administrative action. Therefore, the procedural rights of my client, Mei Xizi, have been severely deprived by the university. "
"The relevant decision of Kyoto University does not specify the specific legal norms, it belongs to the application of university rules and regulations, the law has no clear basis, and it has no legal authorization. The relevant administrative actions belong to the statutory situation that should be revoked!!"
Above the court, Beiyuan once again launched a second round of onslaught.
In the fighting after this battle, every round of ammunition poured out is the most vicious bullet.
At this stage, neither party will make any reservations.
Will use all the tricks to put the opponent to death.
(End of this chapter)
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