Lawyer

Chapter 125 Concerns
"According to Article 30 of No. [-] of the "National Compensation Law of the People's Republic of China", if a citizen's personal freedom is violated, the daily compensation shall be calculated according to the average daily salary of the national employees in the previous year.

Last year, the average daily salary of employees released by the state was 160 yuan. According to the number of days you were detained, the compensation should be more than 1 yuan according to a rough calculation. "Fang Yi said.

"Lawyer Fang, if our application for compensation is successful, will the procuratorate punish the relevant staff?" Qian Linlin asked.

"Yes, according to the "National Compensation Law of the People's Republic of China", the procuratorate will hold relevant personnel accountable, and they will be responsible for all or part of the compensation," Fang Yi explained.

"It's only more than 1, Dad, why don't you forget it? I don't see you in the county. It's not good to offend the procuratorate." Qian Linlin had concerns in her heart, and her father calmed down after hearing Fang Yi's words. down.

"The amount of compensation is too small...Let's go back and cook some braised pork for me to make up for it. The food in the detention center is really not good. I'll make up for it first, and we can discuss the compensation later." Mr. Qian thought What his daughter said made sense, people don't fight with officials, so he found a way for himself, and after finishing speaking, he went straight to his daughter's car.

Why does Mr. Qian think so, because there are lessons learned from the past.

Before the old man retired, there was a colleague named Zhou Yang, because the sales lady exaggerated when buying a house, and said that the new real estate was like a flower, but after Zhou Yang paid the deposit, he found that the new house was not as good as the sales lady said. There are also quality problems, and the whole one is a residual flower, so I went to the sales office to find the sales lady and asked for a refund.

After finally selling a flat, the sales office would not refund the money, so they pulled up their pants and refused to accept the account, denying what they had said.The two sides said they were in a hurry and moved their hands. At that time, the scene was chaotic, and no one knew who made the first move. Both sides were scratched, and there was nothing serious.

Later, the sales office called the police, and the nearby police station sent the police to take Zhou Yang away. They detained Zhou Yang in the name of asking about the situation and refused to let him go.In fact, a discerning person can understand at a glance that the local developers must have managed the relationship well.

Later, Zhou Yang's family called the police inspector and explained the situation. As a result, Zhou Yang was released not long after. The whole family was very happy and praised the inspector for his high efficiency.

But early the next morning, the police station called Zhou Yang and asked him to cooperate with the investigation. Zhou Yang went again, but the investigation lasted for one day, and it was still the same on the third and fourth day. Cooperate with the investigation.

Every time I went to the police, I was kind and kind, and the questions I asked about the situation were nothing more than a few sentences, which seemed to repeat endlessly.Later, a knowledgeable colleague told Zhou Yang: He offended someone. The person who asked him to cooperate with the investigation must have been scolded by his superiors. He felt unhappy. Can someone feel unhappy?

Later, Zhou Yang dragged out someone to settle the matter. Mr. Qian still remembers this incident vividly. He didn't want to be remembered because of more than 1 yuan.The common people can't afford to provoke them, they can hide from them!

After Qian Linlin invited Fang Yi to eat lunch, she sent him back to the law firm. During the meal, Qian Linlin expressed her gratitude repeatedly and hoped that he could also turn over her husband's case.

Fang Yi didn't want to! 20!

Cao Yueshan's contract fraud case finally opened at nine o'clock in the morning of the next Thursday.The court of second instance is the Provincial High Court.

The courtroom where the Provincial High Court arranges the trial is very spacious, and there are rows of seats under it, and Fang Yi feels that it can seat about [-] people.Cao Yueshan's contract fraud case was heard publicly today. Many people were seated below, most of them were relatives of the defendant. Even so, the trial court still seemed relatively empty.

Opposite the defender's seat sat two prosecutors from the Provincial Procuratorate, a man and a woman. The male prosecutor had eyes and was helping the female prosecutor prepare case files. The female prosecutor had a heroic face, short hair, and looked very capable. It can be seen that the two are mainly female inspectors.

After a while, the three judges of the collegial panel walked in wearing large robes. The presiding judge sitting in the middle was a man in his forties, with a face like a Buddha, with big ears, a big nose, and fat on his face. Full-bodied and oily.

The judge sitting on the left is a woman with a thin face, wearing glasses, and she looks like she is in her 30s.The judge on the right is a man with a serious face and a cropped head. His eyes are like falcons, as if he can read people's minds at a glance.

After the pre-trial preparations are completed, the trial begins.

The presiding judge said: "The People's Court will open the trial of Cao Yueshan's contract fraud case, which was appealed." Along with the words, there was the sound of the hammer being struck.

Appellant Cao Yueshan was taken to court by the bailiff and sat down.Next, the presiding judge began to check the appellant's information...

Fang Yi looked at Cao Yueshan. Compared with the previous meeting, Cao Yueshan looked much thinner now, and his mental state was not very good.

"According to the provisions of Article 150 of the Criminal Procedure Law of the People's Republic of China, this court publicly tried the appellant Cao Yueshan's suspected contract fraud case... The parties, legal representatives and defenders enjoy the following main litigation rights in the course of the court trial ..." The presiding judge followed the procedure according to the law.

After the previous procedural rights were read out, the presiding judge looked at Cao Yueshan: "Appellant Cao Yueshan, have you heard the above procedural rights clearly?"

Cao Yueshan looked up at the presiding judge: "Listen clearly."

"Appellant Cao Yueshan, do you apply for recusal?" asked the presiding judge.

"No application." Cao Yueshan said.

Next, the court investigation began, and the presiding judge read out the first-instance verdict.

After reading out the judgment of the first instance, the presiding judge said: Next, the appellant Cao Yueshan will read out the petition and state the reasons for the appeal.

"I, Cao Yueshan, stated the reasons for the appeal as follows: First, the Red Sea Company I run and Lianda Company are in a cooperative relationship, and the dispute between the two parties is also a civil case, not a criminal case. Second, the Gaojiazhuang new residential building contracted by the Red Sea Company The real estate project actually exists, and there is no contract fraud in my negotiation of cooperation with Lianda Company. The statement is over."

"The defense lawyer announced the reasons for the appeal." The presiding judge said.

"First, the Gaojiazhuang Village Committee of the Red Sea Company operated by the appellant signed an agreement on the new residential real estate project, and actually invested funds in the operation. The previous land leveling work has been completed. It is only due to funding problems that it has not been able to carry out the project. Further development, it can be seen that the new residential real estate project is real.

Second, Red Sea Company first paid 300 million yuan as a deposit to Gaojiazhuang for the project, and then hired a construction unit to level the land to prepare for the start of the project and paid for the project.It can be seen that Red Sea Company has indeed invested a lot in the project.

In addition, Honghai Company has not terminated the agreement with the Gaojiazhuang Village Committee so far, and the construction agreement with Lianda Company is true and effective, and there is no fraudulent behavior.

Third, the project involved in this case really exists, and it is indeed being developed by the Red Sea Company operated by the appellant. The signing of a joint construction agreement between Lianda Company and Red Sea Company is a civil act. This case should be a civil dispute, and the appellant does not constitute contract fraud. crime.

Presiding judge, the reasons for the appeal have been stated. "Fang Yi said.

　Four changes today, yesterday three chapters were banned and one chapter was banned.

　　
　
(End of this chapter)