Lawyer

Chapter 193 Chapter 192 Chapter 193 (big chapter) The spring breeze is blowing and the drums are beating, who is afraid of whom in this era!

Today is the day when the second trial of Li Song's administrative lawsuit will be held. The Intermediate People's Court had informed Fang Yi that the court session would be held at 09:30 in the morning. He had made an appointment with the client the afternoon before, so Fang Yi had to get up early and rush to the city.

After Fang Yi took out the case file, he placed the required items on the appellant's seat. He glanced at the appellant's seat opposite. This time, there was only the male lawyer with big ears. Got hurt, not coming this time.

The collegial panel of the court of second instance is composed of three judges, sitting in the center is a female judge in her 40s, with short hair and a heroic face, she is the presiding judge; When I woke up, I was in my thirties.

……

"Appellant, please state the appeal request, facts and reasons." The female judge said.

"Appeal request: 2013. Revoke the [0113] Ji 63 Xingchu No. [-] Administrative Judgment of the District People's Court, and change the judgment to reject the appellee's claim. [-]. Order that the litigation costs be borne by the appellee.

Facts and reasons: The appellant found out that at about [-] o'clock on June [-], [-], the appellee smoked DP at home, and the urine test was positive for morphine, and it was determined that he was seriously addicted to DP.The above facts are evidenced by evidence such as the confession, expert opinion, and transcripts of the violator Li Song.

The appellant imposed an administrative penalty of administrative detention on the appellee for 70 days in accordance with Article [-]([-]) of the Public Security Administration Punishment Law of the People's Republic of China No.[-]. The facts are clear, the evidence is reliable and sufficient, and the applicable law is correct.

The appellant believes that the important evidence determined by the court of first instance as the basis for punishment, the interrogation record of the plaintiff Li Song, etc., is obviously illegal in the procedure and not admissible. The urine test was positive, but it was not enough to prove the fact that the appellee, Li Song, had taken DP on June [-], [-]. The decision to revoke the "Administrative Punishment Decision" made by the appellant was an unclear fact determination.

On June [-], [-], the appellee confessed to the illegal behavior of smoking DP at his own home in the interrogation transcripts and simultaneous audio and video recordings made by the appellee, which was consistent with the positive urine test report of the day The facts corroborated each other, and the appellee confirmed the above facts with his signature.

Therefore, the transcript of the interrogation and the simultaneous audio and video recordings are authentic evidence. Although the police officer interrogated is not the same as the police officer appearing in the video, the above evidence can fully prove the fact that the appellee violated the law on June [-], [-].

Although there were flaws in the inquiry procedure throughout the whole process, these flaws in the procedure did not affect or infringe the rights of the appellee.

According to the provisions of Article 70 of No.[-] of the "Administrative Litigation Law": "In any of the following circumstances, the people's court shall confirm that the administrative act is illegal, but shall not revoke the administrative act:... have no practical effect'.

The facts of the administrative penalty imposed by the appellant on the appellee's illegal behavior are clear, the evidence is reliable and sufficient, and the application of law is correct.Although there was a minor violation in the procedure, it did not have an actual impact on the rights of the appellee, and the court of first instance should not revoke the administrative penalty imposed on the above-mentioned person. "

Speaking of this, the big-eared male lawyer paused for a moment, brewed his emotions and continued: "'DP is as fierce as a tiger'. Many wives and families have been destroyed because of it. The social harm of DP is well known, and there is a huge existence of addicts. personal danger.

Cracking down on the illegal and criminal acts of DPs is not only the responsibility of the public security organs to fight hard for a long time, but also the obligatory duty of the whole society.

DP's illegal and criminal behavior has the characteristics of "strong concealment, high anti-investigation ability, and difficult investigation and evidence collection". If you are not careful, you may indulge in illegal and criminal behavior. The public security organs attach great importance to this. Under the leadership of the committee and district government, increase the investigation and punishment of DP's illegal and criminal activities, and purify the social atmosphere.

In this case, the appellant has recognized the flaws in law enforcement procedures, and the court of first instance confirmed that the administrative penalty was illegal as a warning to the appellant, but the illegal fact that the appellee took DP did exist, so revoking the appellant’s administrative penalty is not conducive to Crack down on DP violations.The appellant implored the court of second instance to correct it according to law.complete! "

Fang Yi looked at the indictment in his hand, and listened to Fang's big-eared male lawyer's speech, and thought to himself: It seems that the other party has done a lot of work before the court, not only the laws and regulations, but also the emotional card. It is not easy to be a lawyer. , not only to understand the law, but also to be able to perform, full of emotions, it is not easy!

In fact, from the bottom of his heart, Fang Yi also hated people who smoked DP. Back then, Grandpa Lin sold cigarettes in Humen so that the people of the country could have a good health. Now that there is a new society, there are still people who are willing to degenerate, hey!The woods are big and there are all kinds of birds.

But now that he has accepted the case, he has to let go of his inner disgust and strive to maximize the interests of the client. This is what a lawyer should do.To be honest, sometimes lawyers are quite tangled in handling cases.

"Appellee, proceed to defend." The female judge said.

As a lawyer, Fang Yi has done a lot of homework after getting the appeal letter, and this defense took a lot of effort.

"The appellee disagrees with the appellant's request for appeal. The reasons are as follows:
2013. The Appellant's "Administrative Punishment Decision" (Xingfei Juzi [10113] No. [-]) is based on insufficient evidence and unclear facts.

The interrogation transcripts and urine test reports based on the above-mentioned "Administrative Punishment Decision" have serious procedural flaws, which are enough to make the above-mentioned evidence unreliable and should not be accepted.The appellee believes that the judgment of the court of first instance confirming that the appellee's administrative penalty was illegal and revoking it is correct and appropriate, and should be upheld.

The main evidence for the appellant to determine that the appellee took D was only the interrogation transcript and the urine test report, but the interrogation transcript was not prepared in accordance with the "Procedures for Handling Administrative Cases by Public Security Organs".

The interrogators recorded in the interrogation record are Zhao Yidong and Feng Sheng, and the recorder is Zhao Yidong.However, the simultaneous audio and video recordings submitted by the appellant at the first instance clearly showed that the interrogators were Zhao Yidong and Zhou Tao, and later Li Bing joined in, and the recorder was not Zhao Yidong.

Persons Zhou Tao and Li Bing who had nothing to do with the case entered the interrogation room to revise the transcript of the interrogation.During the first-instance trial, Zhao Yidong, the interrogator recorded in the transcript, participated in the trial as the appellant's agent. When the appellee and the first-instance judge questioned the interrogator in the simultaneous audio and video recording, Zhao Yidong deliberately avoided answering, which shows that, Zhao Yidong is fully aware of his illegal behavior of not making records and collecting evidence in accordance with legal procedures.

In addition, the urine test report shows that the urine collectors and testers are both Zhao Yidong and Feng Sheng. The two are not only the case organizers, but also the urine collectors and testers. ", not only seriously violated the procedure, but the test report made lacked the necessary rigor, scientificity, and fairness, and it should not be used as evidence to determine the fact that the appellee was addicted to D.

The two main evidences for the appellant's finding that the appellee smoked D both had serious procedural flaws, and there was no other relevant evidence, because the appellant believed that the evidence for the appellant's finding that the appellee smoked D was seriously insufficient.

Therefore, the judgment of the court of first instance found that the main evidence and facts based on the administrative penalty decision made by the respondent were insufficient and the facts were unclear, and it was correct and appropriate to revoke the decision and should be upheld.

[-]. The appellant's grounds for appeal are untenable.

We all know the basic policy of the construction of the socialist legal system: 'There are laws to abide by, laws must be followed, law enforcement must be strictly enforced, and violations must be investigated'.

And "enforcement must be strictly enforced, and violations must be investigated" is an inherent requirement of the law, and it is also a basic requirement for law enforcement agencies and law enforcement personnel.

It not only requires that everyone is equal before the law, and that there are no individuals or organizations that go beyond the norms of the law; it also requires law enforcement agencies and law enforcement personnel to enforce the law strictly and seriously... instead of abusing the power of law entrusted by the state and putting power in a cage is the right thing to do. The original intention of the administrative procedure law.

The public security organ is an organ of state power and bears the important responsibility of cracking down on crimes. It should follow the principles of legality, justice, openness, and timeliness, respect and protect human rights, and protect the personal dignity of citizens.

The appellant not only turned a blind eye to the two serious illegal evidences involved in the administrative punishment in this case, but also brazenly believed that the transcripts and urine test reports provided were authentic.

What the appellee didn't understand was who was breaking the law?Without sufficient evidence to prove that the appellee violated the law, the appellant can impose administrative punishment on the appellee at will and restrict his personal freedom; in fact, the legal rights of the appellee have been seriously violated.

Now that we look back at this case, can the appellant provide the basis for administrative punishment and serious flaws in law enforcement procedures be ignored?Is the conclusion obtained illegally in the procedure legal?Is it not conducive to cracking down on DP's illegal behavior if the court of first instance revoked the appellant's administrative penalty?Obviously wrong!
Justice should not only be done, but should be done in a way that people can see.There is no substantive justice without procedural justice.

Therefore, the appellee believes that the appellant's grounds for appeal are groundless in law, unreasonable and untenable.

In summary, the appellee believes that the facts identified in the first-instance judgment are clear, the evidence is reliable and sufficient, the application of law is correct, the procedure is legal, the judgment is fair and just, and the appellant’s appeal is not established. sentenced.complete. "

Fang Yi put down the statement of defense, and thought: You have Zhang Liang's plan, and I have a wall ladder.The spring breeze is blowing and the drums are beating, who is afraid of whom in this era!

Fang Yi is still very satisfied with the defense he wrote. Of course, this is his first time in administrative litigation, so he can't be too demanding in what he writes, and he must be exhausted to be perfect in everything.

After Fang Yi finished reading the defense, he accidentally glanced at the other party. On the one hand, the big-eared male lawyer has professional ethics. Apart from indifference, there are no swords, guns or sticks in his eyes.

"Now we will start to present and cross-examine evidence. Appellant, do you have any new evidence to submit?" asked the female judge.

"There is no new evidence," said the male lawyer with big ears.

"Appellee, do you have any new evidence to submit?" The female judge looked at the appellee's seat and asked.

"No." Fang Yi said.

"Is there anything you want to add to the cross-examination opinions of the two parties on the evidence submitted in the first instance?" the female judge asked.

"No." Both parties said.

"Let's conclude that the focus of the dispute in this case is whether the evidence on which the appellant's administrative penalty is based is illegal and sufficient, right? Do you have any disagreement?" asked the female judge.

"Yes." Both sides said.

"Okay, next, this trial will focus on the focus questions summarized just now. Please answer truthfully." The female judge said.

"Appellant, we noticed that Zhao Yidong and Feng Sheng were listed as inspectors on the urine test report. Are these two persons responsible for the administrative punishment involved in this case?" The female judge asked after looking at the materials in her hand.

"Yes, Zhao Yidong and Feng Sheng are the undertakers of the case, but we believe that the procedural flaws in the case do not infringe the rights of the appellee, Li Song." Fang Daernan, a lawyer, said.

"Appellant, how did you know that the appellee took DP? Has anyone seen it?" asked the female judge.

"The appellant summoned Li Song, the appellee, to the appellant's office after receiving reports from the masses. During the interrogation, Li Song himself admitted it," said Fang Daernan, a lawyer.

"Are there any witnesses who saw the appellee taking D?" the female judge asked.

"No, it's just that some people reported that the appellee's behavior was abnormal, and they didn't see it with their own eyes." The big-eared male lawyer said.

"That is to say, no one saw it with their own eyes, only the appellee confessed, is that so?" said the female judge.

"Yes, that's right." The lawyer with big ears said.

……

Because neither party had any new evidence, the dispute over the case was only whether the evidence on which the public security agency’s punishment was based seriously violated relevant regulations, so the entire second-instance trial process was relatively simple.

After leaving the gate of the court, Fang Yi called Zhou Deguang and briefly introduced the situation of the trial.Originally Zhou Deguang wanted to go to the scene to listen, but then he thought that the two sides were talking about legal provisions, and he couldn't understand it, so he didn't go, and waited for the good news in the office.

Seeing that it was not yet noon, Fang Yi thought of Li Shuming whom he hadn't seen for a long time, so he took the bus to Huihui.When he arrived at Huihui, it happened that Li Shuming had just returned.

"What's the matter with you? Why are you a little depressed?" Fang Yi asked at the gate of Brilliance looking at Li Shuming, who was carrying a leather bag in his hand and looked disappointed.

"I lost my favorite little padded jacket!" Li Shuming shook his head, said with a frustrated expression, and walked inside after speaking.

"Old Li, you are so funny, who still wears a padded jacket these days..." Fang Yi didn't finish his sentence, and immediately realized something, and quickly chased after Li Shuming.

In the general manager's office, Li Shuming lit a cigarette and buried himself in the smoke, looking extremely lonely.

Fang Yi didn't bother him, took out a Huazi from the cigarette case on the coffee table, lit it, sat on the sofa and enjoyed it alone, waiting for Li Shuming to confide in him.

After smoking a cigarette, Li Shuming walked leisurely to the tea table, sat down, leaned against the soft sofa, put his hands behind his head, and looked up at the ceiling.

Fang Yi saw tears in his eyes.

(End of this chapter)