Tokyo Barrister: Start the law firm bankruptcy
Chapter 634: Common Sense
Chapter 634 Return to Common Sense
The entire conference room seemed to have not yet reacted to what the male lawyer sitting opposite had said.
Just now, ever since Hamano pointed out that the "Municipal Procurement Supervision Act Enforcement Regulations" cited by Miyakawa could not be applied retroactively, almost everyone in the meeting room felt that City Hall would have a sure win.
However, when Hamano heard the other party's question, he was stunned.
Laws cannot apply retroactively.
However, it is possible for the law to be interpreted retroactively.
Hamano is a very experienced lawyer. He didn't even listen carefully to the other male lawyer's speech. But just by catching two key words, Hamano immediately found that the other party had torn a huge hole in his argument.
However, before Hamano could react, the male lawyer continued:
"The definition of fiscal funds in the Implementation Regulations of the Municipal Procurement Supervision Law is not a new regulation. It is an interpretation of the concept in the Municipal Procurement Supervision Law. There is no interpretation of fiscal funds in the original law. The Implementation Regulations interpret fiscal funds as funds included in the budget. In other words, all funds in the budget, whether self-owned or allocated, are fiscal funds."
"This is an interpretation of the original legal concept, not the addition of new regulations. The retroactive effect mentioned by the other party's lawyer is not established. There is no problem in applying the definition of fiscal funds in the Regulations for the Implementation of the Municipal Procurement Supervision Law."
Kitahara spoke slowly.
So much so that those who had not reacted just now could hear his point clearly.
The lawyer made an extremely fine distinction.
A distinction is made between law and interpretation of law.
By pointing out the difference between the two, the other party's argument was uprooted in an instant.
Many city hall officials only then noticed the male lawyer across from them. Many of them were technical bureaucrats who were well versed in law. When they saw that the other party's lawyer could make such a fine distinction, they could not help but be surprised.
Especially the other person has such a young face.
This lawyer is called Kitahara.
Hamano did not lose his balance. He looked at Kitahara. The male lawyer across from him had indeed grasped a point. Yes, it was indeed brilliant. But this point was not fatal enough.
Whether the interpretation of the law can be retroactive is actually a controversial issue.
This is far from enough to establish an argument based on this!
"Lawyer Kitahara." Hamano read out the surname of the young man in front of him for the first time. "Let's not talk about whether this definition is a law or a legal interpretation for now."
"Let's just talk about legal interpretation. The court's interpretation of the law can be retroactive under certain circumstances. This is the consensus of the legal community. However, the implementing regulations you cited are the interpretation of the law by the legislature. The interpretation of the law by the legislature cannot be retroactive."
"The court's interpretation of the law is only an interpretation of the meaning of a certain word. However, the legal interpretation of the legislature may include the creation of rights and obligations. The two are fundamentally different!"
Hamano quickly launched a counterattack.
It is like locking onto the enemy's artillery position and then ruthlessly calling on the air force to drop powerful bombs to destroy it.
"As my fellow lawyer just said," Kitahara said, "if the funds listed in the budget do not belong to fiscal funds, then please change the name of the budget at Shinjuku City Hall. This is not called a public budget. This is called a government-owned budget. Because the money in it belongs to you, the government, and has nothing to do with the citizens of Shinjuku."
Kitahara did not respond in a long speech.
Instead, respond with three or four simple sentences.
common sense.
This is the core of Kitahara’s discourse.
It’s about returning to common sense.
If the contents of a budget can be free from citizen scrutiny, then why make a budget at all?
This is a question that comes from common sense, to deal with difficult and obscure argument logic or lofty viewpoints and opinions.
The best way is plain common sense.
The entire conference room felt the sarcasm in Beiyuan's words. Some important officials in the city hall couldn't help but frown slightly. They obviously found that this young man was not an easy person to deal with. This lawyer Beiyuan was like a thorn in the side. No wonder he would bring up this case in such a troubled time.
Hamano remained calm after hearing the response from the other party.
This barrister, who has been tempered by countless administrative cases of all sizes, possesses superior quality and level.
I was surprised to see that the young man opposite me could actually refute me.
Hamano also became interested for a moment.
He decided to put some pressure on the young man on the opposite side.
"Mr. Kitahara, I don't think you understand." Hamano sneered, "Budget preparation is not like a housewife's monthly account keeping. Behind it are complex public finance accounting principles. What assets should be recorded, how to record them, how to record them, and how to handle them. What if there is a conflict between theory and the complex situations in practice? Behind this is a whole set of complex and sophisticated accounting theories and practical handling principles."
"Yes, maybe from your perspective, it seems rigid, stale, and vulgar. You will ridicule and laugh at it. But, Attorney Kitahara, don't underestimate the budget. It is the result of the hard work of many public servants in the city hall day and night!"
"I would like to ask you, Lawyer Kitahara!"
“Have you ever seen a complete budget?!”
"Do you understand how much complex accounting knowledge is required to prepare a budget?!"
“Do you know how many professionals have worked hard to achieve budget transparency in City Hall?!”
"If you have not read the budget from beginning to end! If you do not understand the accounting expertise required for budget preparation, then what qualifications do you have to express your own opinions on the budget that concerns the interests of the public!"
Hamano asked a series of powerful questions.
It creates enormous pressure like a mountain of rain.
Even the bystanders were unconsciously made nervous by this series of questions, as if they were being interrogated by Hamano.
Everyone in the conference room couldn't help but focus on how Kitahara would respond.
However, to everyone's surprise——
The young male lawyer answered frankly:
“I have not experienced the so-called painstaking process of budget preparation at your city hall.”
The voice fell.
Hear this answer.
For a moment, everyone thought that the lawyer in front of them was crazy. He actually fell into Hamano's trap and publicly admitted that he was inexperienced. It seemed that the young man had been forced into a corner by Attorney Hamano and couldn't even answer the questions normally.
Even Hamano laughed a little at the answer given by the lawyer on the other side.
However, the next second, the young male lawyer said in his low voice:
“Does a doctor have to have cancer before he knows how to treat it?”
(End of this chapter)
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