The beginning was serious, and the opposite side was scared by me and called the police!

Chapter 276 The jury system!
"Brother Xu, that lawyer... seems to be from China. His name is Qin Mu."

next to.

Zhao Wan thought for a while, and couldn't help but said, "Should I go and find out what his background is?"

Qin Mu's name...

He accidentally heard Zhang Qingyuan say it.

It looks unremarkable.

Just an ordinary lawyer.

he thinks……

Since there is going to be a lawsuit, be fully prepared.

Find out the other party's information.

however……

Xu Liming waved his hands, his face full of pride: "It's not necessary."

"The local court's trial follows more established precedents, and he can't make any waves."

at this point.

He is especially confident.

Having been in this business for so long, he knows a little bit about the laws of the area.

It is quite different from domestic.

belong to two legal systems.

The greatest feature……

That is, when trying a case, follow the established precedents, and as long as there are precedents, judge according to the precedents.

This legal system...

Its basic principle is "following precedent", that is, when the court hears a case, it must take the precedent of the previous court as the legal basis for the trial and decision.

As for the issues that have been dealt with by the courts and higher courts that have already come into effect, if you encounter the same or similar cases, if there is no new situation and no more sufficient reasons, you must not make a decision that is contrary to the past judgments. or inconsistent judgments.

until……

Until a higher court or the Supreme Court makes a different judgment in another similar case in the future.

The case they sued Zhang Qingyuan was no different from previous cases.

It can be said that they are exactly the same.

If the other party cannot bring up new circumstances or sufficient reasons, they will not receive support from the place of origin.

With this principle in place, he doesn't have to worry at all.

"You go to see George, give him the information of this case, let him do the same as before, and try to get Zhang Qingyuan to make more compensation on the basis of the donation."

Subsequently.

Xu Liming turned sideways, looked at Zhao Wan and gave an order.

George is the lawyer they have been cooperating with.

It is also quite famous locally.

Solid foundation.

Never dropped the chain.

After hearing this, Zhao Wan nodded quickly.

……

at the same time.

on an international airline.

Holding his mobile phone, Qin Mu was eagerly studying some foreign legal provisions.

Try to find a way out of it.

In the materials he bought with money, many foreign judicial practice cases were recorded.

Read these judicial practice cases.

He realized again how difficult the case was.

The case law is different from the domestic legal system and follows the principle of precedent.

and……

It also has strong religious overtones.

Just as suicide is regarded as a desecration of the body, the soul is not allowed to enter heaven after death, so someone who commits suicide needs to find a way to prevent it.

Even if it is killed.

This is actually "for his own good".

It's just that this kind of religious law is not very acceptable to him.

"Perhaps... we can start with the principle of evidence."

suddenly.

Qin Mu had an idea and thought of a direction.

It is different from the domestic legal system.

The laws of many foreign regions place emphasis on the legality of evidence.

All illegal evidence will not be accepted by the court, nor will it be submitted to the jury for review.

This includes all criminal as well as civil cases.

And in the country.

Illegal evidence in criminal cases can be used as evidence as long as it is true and not forged.

therefore.

He can start with the donation agreement signed by Lao Zhang, and try to label this donation agreement as illegal evidence!

As long as the key evidence of the other party is marked as illegal evidence...

The other party's accusation against Lao Zhang will be self-defeating.

The courts will no longer uphold their so-called claims for donations.

This case can also be won.

but……

This is not what he wants.

The reason why this group of black tourist groups dare to be so arrogant is because the cost of crime is too low.

They thought that even if they lost the lawsuit, they would not have to bear any guilt.

At best, some "donations" are lost.

and.

Relying that this is a foreign country, domestic laws cannot control them.

Even more unscrupulous.

He had to find a way to send all these people in!
And the behavior of these tour groups...

At first glance, it constitutes a crime of fraud.

Use the contract to lure the old people to sign, and finally cheat money.

But actually...

In the area where Lao Zhang is located, the definition of fraud is somewhat different from that in China.

Refers to the illegal acquisition of possession of property by fraudulent means.

objectively.

Need to constitute illegal acquisition.

For example, if the behavior of the other party violates certain laws, the law must not support it.

Subjective.

The condition of fraudulent behavior needs to be met.

On these two...

The other party only meets the latter, that is, there is fraud.

Because they took out the donation agreement in foreign language, they lied to Zhang Qingyuan and others that it was a signature for receiving souvenirs.

But this behavior...

But not illegal.

As long as their donation agreement is compliant and legal, there is no problem.

after all……

Zhang Qingyuan and others have independent civil and criminal responsibility capabilities and are not mentally handicapped.

Possesses the authenticity of the distinguishing agreement.

And there is no surveillance on site.

It is impossible to prove the existence of coercion, urging, inducement and other circumstances.

Signing can be regarded as their voluntary, tantamount to acquiescing to the agreement.

In the spirit of the contract...

Once the agreement is signed, it cannot be repented at will.

The so-called not wanting to donate is completely unworkable.

Now that you have signed, donate if you should donate.

Also.

Even in foreign countries, he could not use the identity of Zhang Qingyuan and others as elderly people to defend.

because……

The laws here are quite different from those back home.

For the elderly, there are also comprehensive welfare institutions for the elderly and so on.

In addition, the treatment of the elderly is almost the same as that of ordinary people.

There is no such thing as preferential treatment.

On the bus, there is no need to give up your seat when you meet an elderly person.

When queuing, the elderly are not given priority.

Not to mention the responsibility of maintenance.

That's right.

After the child reaches adulthood, he no longer needs to bear any maintenance responsibilities to his parents.

Even the abandonment of parents does not constitute a crime.

In many legal systems abroad.

I think the relationship between parents and children is not so sacred.

It is believed that although children enjoy the upbringing of their parents, the parents are free after the children reach adulthood.

There is no need to pay for the life and marriage of the children, and there is no right to ask the children to support them.

and so.

Using the defense of the elderly, this way is also blocked.

"Behind this black tourist group... I'm afraid there is a master who understands the law."

Qin Mu rubbed his forehead and sighed softly.

the whole incident.

Not to mention seamless, it can be considered comprehensive.

The lawsuit...

If ordinary lawyers go to fight, they will definitely lose the case and lose money.

……

Twelve o'clock that night.

City of Arms.

Qin Mu got off the plane and set foot on this foreign land.

Looking at the surrounding building facilities.

His first impression...

It is ordinary, ordinary.

Big is quite big, but it is not as good as domestic airports.

Subsequently.

He took out the address given by Zhang Qingyuan and took a taxi.

Headed towards the hotel where Zhang Qingyuan and others lived.

"Hey, buddy, you look okay in your clothes, why do you want to go to such a poor area?"

along the way.

The taxi driver eyed him, trying to communicate in the vernacular.

Qin Mu heard the words.

stunned for a moment.

before coming.

In order to avoid communication barriers, he specially learned the language here.

Although not very familiar, but can barely understand the driver's words.

Dare to...

The place where Lao Zhang and the others lived turned out to be a slum?

"Sure enough, there are no good ones if they are cheap, and they are worth tens of millions. How dare you report this kind of 1000 yuan group."

The corner of his mouth twitched, he was very speechless to Lao Zhang.

The litigation compensation in the last case came down one after another.

Zhang Qingyuan now...

No shortage of money at all.

Maybe it's because my mentality hasn't changed yet, I actually chose this cheap group!

To know.

Now I have been playing in China for a few days, and the group cost is nearly [-].

It is conceivable to go abroad!

The reason why it is so cheap is that wool comes from sheep.

address……

It was even more impossible to provide Zhang Qingyuan and the others with high-end hotels, five-star hotels and the like.

Four 10 minutes later.

When the taxi arrived at the destination, he also successfully saw Zhang Qingyuan and Feng Cuihua.

behind the two.

Followed by a large group of gray-haired, 70-year-old elderly.

They all focused their eyes on themselves, full of curiosity.

"Xiao Qin, you are finally here."

Seeing him, Zhang Qingyuan hurried up to meet him.

Look a little excited.

He introduced to the group of old people behind him: "Let me introduce to you, this is Xiao Qin, also Qin Mu, who is very famous in the country."

The crowd heard.

He looked at Qin Mu suspiciously.

I don't really believe Zhang Qingyuan's words.

"Okay, let me tell you the details first."

Qin Mu chuckled and followed Zhang Qingyuan into this cheap hotel.

The appearance of the hotel is dilapidated.

There was also some bad smell all around.

But for these old people who signed up for tour groups...

Seems to be used to it.

A group of people walked into the hotel.

Crowded in the room of Zhang Qingyuan and Feng Cuihua.

Zhang Qingyuan sighed and said: "It's not because of what happened two days ago. They kept urging me to pay, saying that if I don't pay, I probably won't be able to leave, and I might even die of old age in a foreign country."

The voice just fell.

When the rest of the old people heard Zhang Qingyuan's words, their complexions were a little ugly.

This word...

It hurt them too.

They are both 70 and [-] years old.

They all have a rural complex, and they pay attention to returning to their roots.

Although it is true that there are not many years to live, but no matter what, you can't die outside.

They came here for tourism.

anyway.

Nor can they be detained outside.

therefore.

They all chose to swallow their anger, one more thing is worse than one less thing, and they gave the money.

"They scare you, it's not that serious."

After hearing this, Qin Mu comforted him casually: "Before the court hears and pronounces a verdict, this matter is just an ordinary civil dispute, not to mention criminal responsibility, let alone detention."

"Even if the court loses the case, compensation will be enough at that time, and you won't go to jail."

Although the law here is based on case law, there are still inclusive statutory provisions.

Certain acts punishable by...

It's all written in detail in the law.

If there is no law prohibiting it, it can be done.

Their behavior was not serious enough to go to jail.

And after what Qin Mu said, everyone breathed a sigh of relief.

At the same time, I also have some regrets.

their money...

I have already given it, and now I want it or not.

"In the past two days, our group has been delayed here because of this matter, and did not go on a tour."

Zhang Qingyuan looked at Qin Mu, and couldn't help but said, "Many people are planning to go home, but Xu Liming and the others didn't book tickets for us at all, saying that the travel time is not over yet."

"But we really have to wait until the end of the travel time, maybe how much money will be slaughtered by them..."

The tour group they reported was originally scheduled for ten days!
It's only been five or six days now.

But after so many things, everyone lost the idea of ​​traveling.

They even plan to buy their own plane tickets to return home.

For subsequent travel...

Everyone lost interest.

"By the way, Qin...Lawyer Qin, may I ask, does the other party's behavior constitute a crime of fraud? I remember that there is a crime of fraud in foreign laws."

suddenly.

Among the old people, a young man stood up.

Ask Qin Mu for advice.

He was one of the few young people who came here specially to accompany his father.

"According to the current situation, it does not yet constitute a case."

Qin Mu thought for a while, and said truthfully.

Then I explained the plot of the law here.

He just looked at the donation agreement in Lao Zhang's hand.

There are two agreements, one for Xu Liming and others, and one for Lao Zhang.

The agreement above...

It is said that it was raised by a certain fund, and it is going to be donated to children in remote areas.

In principle.

Signing is voluntary, and there is no need to go back on your word.

In terms of legal provisions, this agreement is watertight.

If you want to commit fraud...

Sufficient evidence is also needed to prove that they embezzled the money for personal use.

in this way.

Only when the objective condition of "illegal" is met.

however……

According to the legal system here, the court's trial of civil cases is extremely Buddhist.

Before the trial.

The court will not know the relevant circumstances of the case.

Everything depends on the live performance in court.

As for the evidence...

The court will not worry about it, each presents evidence, and if they fail to prove it, they will lose the case.

There will be no support from the courts.

them……

There is no evidence that the other party embezzled the donation funds at all.

Going from this direction is completely unfeasible.

"Those who killed a thousand swords, I didn't expect to think so deeply. This is obviously a game."

"Hey, after playing with eagles for so many years, when he was about to grow old, he was pecked out by an eagle."

"The current scam is too advanced, right? Who will dare to deal with others in the future? The trust between people is gone."

"Then what should we do now? To be honest, I don't feel safe at all in this place."

"..."

next to.

Everyone in the tour group frowns.

dejected.

An unrequited expression.

At this time they...

I miss my hometown so much.

At least I feel safe in my hometown, and I am not afraid even if something happens.

And here.

They witnessed an armed robbery yesterday.

It happened right next door to them.

A convenience store was robbed.

The criminal was shot dead on the spot.

They didn't understand at all, what was wrong with this gangster, what was wrong with robbing, and he insisted on robbing the convenience store.

How much is the convenience store?
How about robbing a bank if you have a gun?
"Is there any other information? For example, the information about this tour group."

After listening to everyone's complaints and narrations, Qin Mu looked at Zhang Qingyuan again.

Zhang Qingyuan quickly gave the relevant information about the tour group.

This tour group...

Named "Sunset Red" tour group.

There are advertisements on many domestic platforms, and many people know about it.

more people……

They all took a fancy to its "affordable" price.

It is said that tens of thousands of people have purchased group buying packages.

And their group only has thirty people.

This tour group...

At first glance, he is a veteran, having handled many similar cases.

and.

This tour group knows how to measure, even in foreign countries, they didn't do anything unreasonable.

All the old people who participated in the group...

They all returned home intact.

But even if they returned home and called the police, it was of no avail.

Due to jurisdictional disputes, it is simply impossible for the country to handle the incident.

Most people would advise them to go to the local police station where the incident occurred and report it to the police.

Can……

After this incident, these old people dare not go abroad at all.

I can only choose to swallow my anger and admit that I am unlucky.

Gradually.

The matter is over.

In China, because there is no evidence, the sunset red tour group has not been sanctioned.

It has been opened until now.

There are many scam news about Sunset Red on the Internet, but the old people don't know about it.

There are also many old people who have gone on and been deceived.

"What? They say they are liars on the Internet?"

When everyone saw the news that Qin Mu searched, their eyes widened.

The expression looked very strange.

It's a shame they weren't the first victims.

There have been many others before, and some people have published this kind of scam on the Internet.

But they didn't find out, they were still cheated for cheap.

"Okay, I roughly understand the matter. The pre-trial meeting will be held in three days. Everyone prepare."

Qin Mu took a deep breath and said something to everyone.

but……

Everyone was stunned again, not knowing what the pre-trial meeting was.

The same is true for Zhang Qingyuan.

He slapped his mouth.

He said blankly, "What is a pre-trial meeting? I remember that the trial was held in Jincheng."

This is the same as what he knows about the court trial...

It seems a little different.

Qin Mu rolled his eyes and explained: "The pre-trial conference, you can think of it as pre-trial mediation, organized by the court, they will come up with a reasonable plan, and let both parties sign the settlement."

"Then the case will not go to trial."

This is a feature of the local court system.

It is significantly different from domestic.

What is pursued in China is that every civil dispute and criminal dispute needs to be heard in court, open and transparent, and the judgment results will be made public.

And abroad.

Due to the existence of the pre-trial conference, most civil cases are over before entering the trial stage.

According to the statistics.

Foreign civil lawsuits accounted for less than 3%.

Most of these were resolved by the pre-trial conference, saving the trouble of the judge hearing the verdict.

after all……

Judgment needs to consider the fairness of the law and its impact on society.

Mediation requires only the presence of defenders from both sides.

Both sides reached a consensus.

The lawsuit can then be dismissed and there is no need for a further trial.

Fast and efficient.

That's why the dispute and crime rate abroad...

The poor reason.

It's not that they are of high quality, but that the disputes have been resolved in an alternative way.

On the other hand, the domestic legal system pursues statutory law.

All dispute cases need to be heard and a judgment in compliance with the provisions of the law must be made.

The number of cases each year is extremely high.

"Tripartite mediation?"

After hearing this, Zhang Qingyuan swallowed subconsciously.

That is to say...

By the time.

The court will organize both parties and lawyers to give a plan and conduct mediation.

But he didn't even have to think about it.

This kind of inaction court will not give any good solutions at all!

Qin Mu smiled.

This plan is definitely in favor of the other party, as long as they don't accept mediation at that time.

If you don't accept the proposal...

It is necessary to enter the formal court hearing.

"Then can I sit in on it?"

Looking at Qin Mu, Zhang Qingyuan suddenly asked.

this……

That's what he's most concerned about.

There are no. 30 people in their tour group two. Listening to his "past" these days, they all want to go to the court to open their eyes.

The corner of Qin Mu's mouth twitched, and he said seriously: "If the trial is open according to law, you can attend."

Their case...

If there is no accident, it is allowed to observe.

"What about the jury?"

The young man who spoke before suddenly asked again: "If there is a jury, wouldn't there be no room for the auditorium?"

Although he doesn't know much about the Fa, he still knows some details.

jury……

It seems to be the standard equipment in foreign countries, and it is available in every court trial.

It seems that he also took into account the duties of observing.

"There doesn't necessarily have to be a jury in this case."

Qin Mu looked at this person and said, "Actually, not every case has a jury."

jury……

Often drawn by ordinary citizens, it was organized after a failed pretrial conference.

It is up to the parties to decide whether to bring in a jury.

If a jury is not introduced, the decision of the case will be at the sole discretion of the judge.

If a jury is introduced...

The verdict in the case will be decided by the jury, and the judge will decide whether the law applies.

During the introduction of the jury.

Lawyers for both parties have a veto power to select each jury.

decide whether to join the jury.

In general.

There are juries in many cases because the jury's decisions are more in line with the parties.

The jury takes humanity into account.

Judges take into account the solemnity of the law.

therefore.

Under this system, there will be many tender judgments.

Outside the cold law, the beauty of human nature is revealed.

only……

Even if a jury is introduced, the decisions made by the jury are not absolute.

Once they make a decision that is seriously inconsistent with the law, the judge has the right to overrule it and re-select the jury to try the case.

This is partly...

It prevents the possibility of the jury being bought by someone with a heart.

Unless he bought the judge too.

"It's almost time today, everyone should leave."

At last.

Qin Mu dispersed these old people who were whispering and discussing, and asked everyone to go back to their respective rooms.

Then he said to Zhang Qingyuan: "Tomorrow we will go to the court to handle the notarization and authorization."

He is not a lawyer in his country.

To participate in litigation, the process of representing the case is more complicated.

Must be notarized and authorized first.

Then submit the domestic lawyer's certificate information.

(End of this chapter)