Tokyo Barrister: Start the law firm bankruptcy

Chapter 68 Crossfire
"Chief referee," Kitahara stood up from the plaintiff's seat, and lightly pressed his hand on the edge of the table, with a relaxed and comfortable expression, as if speaking in his own home. "What is the premise of what Lawyer Onoda just said?"

"Lawyer Onoda believes that whether an act is a civil act depends on the legal responsibility he bears. In other words, if an act violates the law and the result is administrative responsibility, then this act is an administrative case. It's civil liability, that's a civil case."

"There is obviously a big problem with this premise." Bei Yuan smiled, and suddenly stopped talking.

The courtroom suddenly became quiet, and people couldn't help but continue to listen to what the young male lawyer in front of him would continue to say.

Onoda was sitting on the defendant's seat, and he was unknowingly attracted by Beiyuan's speech skills. When he stopped suddenly, Onoda was dazed for a moment.Have a big problem?How could there be a problem?Onoda suddenly felt a little nervous.I have checked my ultimate move over and over again, and it is impossible to make mistakes.

"Different types of legal responsibilities are not mutually exclusive. Therefore, we cannot judge what type of an action itself is based on the legal responsibility required for an action." Bei Yuan laughed.

[Non-mutual exclusion of legal liability]

[The so-called non-mutual exclusion of legal responsibilities means that a violator’s assumption of a certain type of legal liability does not affect his assumption of another type of legal liability.For example, a person has assumed administrative responsibility for his illegal behavior, but it does not affect his continued civil liability. 】

"For example," Bei Yuan walked in the court easily and casually, suddenly put on a look of anger, and punched the air in front of him vigorously, and then his face calmed down as usual, "Suppose I punched just now Hit someone. Then in terms of criminal law, I may have committed the crime of intentional injury. I may go to jail. At the same time, on the other hand, I may also violate the "Public Security Law", and the police will place me in administrative detention. But on the other hand , I injured the other party, and the other party made medical expenses, and I also need to pay civil compensation."

"I may have to bear criminal responsibility, administrative responsibility and civil liability just for the action of swinging this punch. According to the logic of lawyer Onoda, if the police impose administrative punishment on me, then the person who was injured by me, wouldn't it be Will it be because this case is an administrative case that I cannot be sued civilly? Lawyer Onoda’s logic is obviously absurd.”

"The same is true for the expressway in this case. It is true that the expressway company's obligation to maintain roads is a kind of administrative responsibility. However, this does not mean that the expressway company has assumed administrative responsibility and no longer has to bear civil liability. If the expressway company If the road company neglects maintenance and causes infringement or breach of contract, it must bear civil liability for its actions.”

Unknowingly, Beiyuan had already walked to the defendant's seat, supported the table edge of the defendant's seat with both hands, and stared at Onoda.Bei Yuan still had a grinning expression on his face, but there was a kind of coldness in his eyes, which seemed to kill people.The combination of this look and the smile on his face formed a very weird expression.

"Lawyer Onoda, we also want to thank you. Without your reminder just now, I forgot that the Kawamoto Expressway has to bear administrative responsibility. Wait a minute, we will formally file a complaint with the Highway Bureau." Beiyuan stared at Onoda and said with a sneer.

As if a forceful aura was oppressing Onoda, Onoda felt a tremor in an instant.He never expected that Beiyuan could complete a complete legal discourse in such a short period of time.

And...Moreover, Onoda was surrounded by Bei Yuan, and even faintly agreed with his statement.However, when this idea just came up, Onoda shook his head violently, and quickly expelled this idea from his mind.

Miyagawa, who was in the plaintiff's seat, heard Bei Yuan's words, and hope was rekindled in his heart. He couldn't help but encourage Bei Yuan in his heart. The feeling of worrying about being dismissed by the court immediately dissipated like smoke. .

Imanishi in the dock obviously did not expect Beiyuan's reaction to be so quick, and looking at Beiyuan's demeanor and relaxed appearance, it seemed that he was not at all like a lawyer with only a few years of experience. A senior barrister's demeanor.

Onoda controls his facial muscles.As a middle-aged lawyer, he was also experienced in court appearances, so he immediately adjusted his breathing, calmed down, and glanced at the paper on the table.When Kitahara was discussing just now, Onoda was not idle, and quickly wrote down the main points of Kitahara's discussion for use as a rebuttal.

Today's trial must defeat Beiyuan once and for all.

This is the dead mission of the boss Imamishita.

If there is no way to defeat Beiyuan in today's trial, the lawsuit will inevitably drag on for several months before it ends.At that time, Kawamoto Expressway will be forced to announce major litigation matters.

In order to end the trial battle in a short period of time, it is necessary to focus on procedural issues and keep the case out of the court on the grounds that it does not belong to the scope of civil cases.

On this issue, I absolutely cannot make concessions!
Meeting Kitahara's gaze, Onoda stood up from the dock without giving in.As a middle-aged lawyer, Onoda also has excellent ability to respond on the spot.Onoda finished thinking in a moment, and immediately said:

"The plaintiff's agent was obviously changing concepts just now! He used punching and wounding as an example to illustrate that an act that bears administrative responsibility does not prevent civil liability. However, the maintenance obligation of the expressway in this case is obviously different from that just now. The example of throwing a fist is different. There is something special about the highway business, and the plaintiff’s attorney deliberately obliterates this specialness, and compares the highway business with other behaviors, which is simply absurd."

"Then what is so special about the expressway business?" Onoda turned around, looked at Judge Kumagai in the middle of the trial bench, and said, "In general civil actions, the rights and obligations of both parties are stipulated in the contract. However, , in the expressway business, passers-by directly pay the toll to pass the pole and enter the highway without forming any written contract. The specific maintenance standards of the highway are all directly stipulated by national regulations. This mandatory specification directly replaces Matters agreed upon voluntarily by the parties.”

"I would like to draw the court's attention." Onoda continued to look at the chief referee in the middle, completely ignoring Bei Yuan beside him. "The core element in civil behavior is the existence of 'voluntariness'. When the main rights and obligations of both parties are When it is filled by the country's mandatory norms, the element of "voluntariness" will disappear."

"Obviously, expressways are just such a special case. The element of "voluntary" disappears and is replaced by obedience to national mandatory norms. This obedience relationship just shows that the maintenance responsibility of expressways belongs to expressway companies and The governing and governed relationship between executive agencies."

"Therefore, this case does not fall within the scope of civil cases!" Onoda raised his voice at the end heavily, as if the final word was finalized.

Hearing Onoda's words, Miyagawa was stunned. He didn't expect that Kitahara's counterattack just woven in an instant was refuted by Onoda again. Miyagawa felt his heartbeat gradually speeding up, and his heart hung up. Looking at that Back, worried again.

(End of this chapter)