Lawyer

Chapter 156 Is there such a miserable barrister!
"Second, the cause of the case

Back to this case, according to the evidence and case file materials submitted by your court, this case is a rights dispute caused by the expropriation of villagers' land by the coal mine for development.

The coal mine expropriated the land of Du Jianjun’s village group. Although compensation was paid, Du Jianjun and other villagers believed that the compensation standard was too low and asked the coal mine to increase the compensation amount. land compensation.

Objectively speaking, the compensation standard given by the coal mine to the villagers is indeed too low, otherwise the coal mine would not raise the compensation standard for land acquisition under the mediation of relevant departments.

The dispute between Du Jianjun and other villagers and the coal mine is a civil dispute arising from the land expropriation process. This kind of conflict of rights is very common in the land expropriation process, and it is a common case of civil disputes.

[-]. Rights protection

Judging from the behavior of Du Jianjun and other villagers, Du Jianjun and others had filed a lawsuit against the coal mine for occupying more land and infringing on the rights of the villagers, but it was rejected by the first-instance court, and then they filed an appeal.

It can be seen from this that Du Jianjun did not despise the existence of the law, and they have the subjective will to protect their rights through litigation.

[-]. Hazard

Although Du Jianjun and other villagers threatened to block the wellheads and roads, stop the normal production of the coal mine, destroy the coal mine, and burn the coal mine, etc., they forced the mine owner Nie Zhen to pay various compensations, including a compensation of 15 yuan. It does seem to be dangerous.

But as you just said, we should look at the case as a whole. Du Jianjun’s above-mentioned behavior needs to be evaluated in combination with the education level and legal concept of local farmers.

After all, the local villagers have not received systematic legal education, and their legal awareness is relatively weak. It is inevitable that the local villagers' rights protection methods do not comply with the legal provisions.In my opinion, the consequences of this case are not very serious, the circumstances are not particularly bad, and the harm is not great.

To sum up, I think that Du Jianjun's behavior does not have the purpose of illegal possession in nature, and should not constitute the crime of extortion. "Fang Yi said.

Prosecutor Cai felt that what Fang Yi said seemed reasonable after listening to it, and she didn't know how to refute for a while: "Well, you provide an opinion on this case, and we will study it further."

"Okay, thank you. I'm ready." Fang Yi took out a lawyer's opinion from his bag and handed it over.

Prosecutor Cai suddenly felt that Lawyer Fang in front of him seemed to be different from most of the lawyers in the county he had seen.

It's not that she has never seen such a lawyer, but there are too few of them. Many lawyers come here to say a few words, submit their own opinions, and then go back. However, the content of the documents submitted by the lawyers is irrational, and some are eloquent and unintelligible. Yes, there are nonsense, and even some lawyers submit documents with grammatical grammatical errors and typos, which can be seen as coaxing.

Prosecutors look down on lawyers who fool around. They will also privately communicate that the documents issued by the lawyer are beautifully written. The documents submitted by the lawyer are not bullshit. Lawyers, they will naturally not give a good face.

For those lawyers with real skills, although they sometimes slap them in the face and make them look ugly, they still admire this kind of lawyers in private and admire their professional ability.

Walking out of the procuratorate, Fang Yi heaved a sigh of relief, then called Du Xi and told the process of meeting the inspector. He did everything he needed to do, and now the court is waiting.

Half a month later, Fang Yi received an EMS courier from the Provincial High Court, and Lu Meifeng's case was settled.After being notified, Lu Meifeng came to Zhengyi Law Firm excitedly.

"Lawyer Fang, have I won my case?" Lu Meifeng was still so reserved, but her superficial reservedness couldn't conceal her excitement.

"Yes, case won.

The Provincial Higher People's Court determined that the court of first instance rejected your enforcement objection and supported the bank's claim in accordance with Article 20 of the Provisions of the Supreme People's Court Concerning Several Issues Concerning the Handling of Enforcement Objection and Reconsideration Cases by the People's Court, and applied the law improperly.

Judgment of the Provincial High Court: [-]. Revoke the civil judgment of the first instance; [-]. Reject the bank's claim. "Fang Yi smiled.

"Does that mean that my enforcement objection is established and the bank can no longer enforce my parking space?" Lu Meifeng couldn't quite understand what Fang Yi said, and asked expectantly.She hoped that Fang Yi could tell her the final result in plain language.

"Yes. As you wish, the parking space is yours. The court determined that you have the legal right to exclude the bank's mortgage. To put it bluntly, the court will no longer enforce your parking space. You can use it with confidence. That's it." Fang Yi explained.

"Thank you, thank you, Lawyer Fang. Before, I thought of treating a dead horse as a living horse doctor, but I didn't expect it to happen. Mr. Yun is right. There are really 'big lawyers' in this small county." Lu Meifeng smiled.

Lu Meifeng's words made Fang Yi feel embarrassed, barrister?Why don't I know.There is such a miserable barrister!

In fact, from the bottom of his heart, Fang Yi really never thought of being a barrister. There are hundreds of thousands of lawyers in the country, but there are only a few real well-known barristers. so).

90.00% of the lawyers are working hard every day, struggling for a little bit of living money. There are only a few who really make a lot of money, but there are only a few lawyers, and a few of them make money by professionalism , it’s hard to say (everyone who understands understands).

While waiting for the hearing of Du Jianjun's extortion case, Fan Yinuo and Tomorrow Star Company's contract negligence liability dispute case opened.

At 10:30 in the morning, Fang Yi came to the county court.Tomorrow Star Company sent a personnel specialist to respond to the lawsuit. The person who tried the case was a female judge in her 30s, who was very handsome.

"Plaintiff, defendant, can you mediate?" the female judge asked.

"It is possible to mediate, and the other party must pay compensation for their dishonest behavior." Fang Yidao.

"Defendant, do you accept mediation?" The female judge looked at the personnel commissioner.

"We don't accept mediation," said the personnel commissioner.

"The mediation failed, and the court session will begin now. The plaintiff states the claims, facts and reasons." The female judge didn't bother to talk nonsense, and directly sounded the gavel.

"Claims: 4000. Request that the defendant be ordered to pay [-] yuan for the plaintiff's wage loss; [-]. The litigation costs of this case shall be borne by the defendant.

Facts and reasons: After the plaintiff saw the defendant's recruitment information on the recruitment website, he went to the defendant for an interview. After the interview was passed, the plaintiff's wage standard agreed upon by both parties was 7000 yuan per month, with a probationary period of [-] yuan, signed for three years Contract with a trial period of six months.The position is the principal of the branch school.

Afterwards, the plaintiff quit his job and came to the defendant to go through the entry procedures, but was told that the salary standard was reduced to 4000 yuan for the probationary period, and 5000 yuan after becoming a full-time employee.

Because the defendant unilaterally lowered the plaintiff's entry salary, the two parties could not sign a labor contract, and the plaintiff could not go through the entry procedures.

The plaintiff believes that the above-mentioned behavior of the defendant violates the principle of good faith and has caused economic losses to the plaintiff, so it appeals to your court, asking the court to support the plaintiff's claim according to law.complete. "Fang Yi said.

(End of this chapter)