I was watched by the Internet police during the live broadcast of law popularization?

Chapter 136 We want to sue him!

The trial court has rigid requirements for the statement of defense, which can be divided into two situations:

1. If the defendant has a domicile in China, the defendant’s statement of defense shall be submitted within [-] days from the date of receipt of the copy of the statement of complaint.

2. If the defendant has no domicile in the domestic territory, the defendant's statement of defense shall be submitted within [-] days from the date of receipt of the copy of the statement of complaint.

Legal basis:

Article 125 of the Code of Civil Procedure

The trial court shall send a copy of the statement of complaint to the defendant within five days from the date of filing the case, and the defendant shall submit a statement of defense within [-] days from the date of receipt.

As a lawyer, writing a statement of defense is the most basic requirement, but this requirement is not mandatory, and you can submit it or not.

Article 125 of the Civil Procedure Law stipulates:
The trial court shall send a copy of the statement of complaint to the defendant within five days from the date of filing the case, and the defendant shall submit a statement of defense within [-] days from the date of receipt.The statement of defense shall specify the defendant's name, gender, age, nationality, occupation, work unit, address, and contact information; the name, address, and name, position, and contact information of the legal person or other organization and the legal representative or principal person in charge.The trial court shall send a copy of the statement of defense to the plaintiff within five days of receiving the statement of defense.

If the defendant does not submit a statement of defense, it will not affect the trial by the people's court.

The statement of defense of the plaintiff and the defendant is a manifestation of fairness.

The reasons for the debate and the focus of the issue on both sides are transparent, and the trial judge has a preliminary judgment on the dispute after reviewing the statement of defense.

As the plaintiff's agent ad litem, in order to guarantee the prosecution, Li Chen also submitted his statement of defense as early as the hearing time, which is his basic quality as a lawyer.

But he never expected that the other party would not write a statement of defense at all.

Li Chen drove to City A of Dongshan Province the night before the pre-trial argument, and found a random hotel as a base.

The time for the pre-court argument was 09:30 in the morning, and Li Chen also drove to the trial court at nine o'clock.

Enter the trial court, and come to the No.18 trial court on the reminder.

This time, the pre-court argument mainly revolves around sorting out the evidence of both parties, but decides what evidence can be used and what cannot be used.

Before the start of the pre-trial argument, the presiding judge introduced the members of the collegial panel according to the rules and procedures, and asked both parties whether to apply for the recusal of a certain member.

After hearing the words, both parties answered no, but Li Chen said after hearing the judge's words: "Judge, I have a request, and I hope the judge will approve it."

Hearing this, the presiding judge looked at Li Chen and asked, "Is your request related to this case?"

"related"

Li Chen replied after hearing the words, and the presiding judge nodded after hearing the words: "Then you describe your request first, and if it is reasonable and legal, the presiding judge will approve it."

"Good judge."

Li Chen nodded when he heard the words: "My appeal is this.

According to the civil law, the defendant should submit a statement of defense within [-] days before the hearing when receiving the statement of complaint, and the legal representative of the plaintiff does not submit a statement of defense until the argument before the trial, which should be regarded as giving up the debate.

For the legal representative of the defendant, this kind of behavior is unprofessional ethics, and may even directly affect the fair trial of the case.

I can understand that the defendant didn't have a statement of defense, but why didn't a lawyer?
To sum up, I think he is not qualified to sit in the position of legal representative to conduct pre-trial argument and debate with me, and I apply to the defendant's court representative to withdraw from this case. "

"Presiding judge, I think the request of the plaintiff's attorney is unreasonable."

After listening to Li Chen's words, the opponent's lawyer's face darkened instantly and he responded: "In the Civil Procedure Law, the statement of defense is not mandatory, and there is no relevant legal provision stipulating that the statement of defense will be deprived of defense if it is not conditional. rights, and what we have adopted is also an in-court defense, which is reasonable and legal.

As for the request of the plaintiff's agent ad litem to apply for legal representation recusal, the lawyer is not the object of the court recusal, so such application cannot be supported. "

The trial judge nodded upon hearing the words: "Plaintiff's agent ad litem, your request is not supported by the trial court. Do you have any other requests?"

"Since this is the case, I will apply to the presiding judge not to defend according to the original draft of the defense, because the content of the other party is unclear, but he knows the thinking of my defense. This will seriously affect the fair trial of the case. If the presiding judge still If it is not supported, then I will apply for the presiding judge to withdraw, if the collegial panel disagrees, then I will apply for the collegial panel to withdraw."

The presiding judge and the members of the collegiate panel glanced at each other.

This kid is a bit crazy.

Isn't he afraid that I will offend us all and affect the judgment?

Or is he sure that he will win?
"can."

The content of the pre-defense will be briefly recorded on the transcript of the trial question. If the other party fails to grasp the key points, it can be rejected in court. It is a test of the lawyer's personal ability.

As for the defense draft, that is actually the case, and the judge did not reject his request: "Your request is approved by the presiding judge, and you can also make an oral defense in the trial court.

Are there any questions? "

After finishing speaking, the presiding judge looked at Li Chen again, and Li Chen shook his head when he heard the words: "No more."

"Defendant's legal client, do you have any objections?"

The defendant's lawyer shook his head: "No."

The presiding judge nodded upon hearing the words: "We will start to sort out the evidence now.

Now, the evidence submitted by both parties in total:

The plaintiff and litigant submitted a total of 89 copies of Yunsheng e-commerce contracts, rider witnesses, and police notifications from online official agencies, and the defendant’s legal representative submitted rebuttal evidence including:
Rider's personal situation, general interpretation of the contract, etc. "

After introducing the situation, the presiding judge looked at both sides: "Regarding the evidence, do you both have any doubts?"

"I have an objection."

After the presiding judge finished speaking, Jiang Zhengjia, the defendant's attorney, said, "As for the evidence presented by the plaintiff, I don't think it can be used as evidence.

The problem with the contract is that the platform’s unified regulations and requirements, and the partnership model recognized by the rider’s signature cannot be used as evidence of an employment relationship, so the plaintiff needs to submit new evidence to prove the employment relationship.

As for the plaintiff's relationship with the police report, it can only prove the problem of the Quick Eat platform, and has nothing to do with Yunsheng Business, nor can it be used as evidence for prosecution. "

After finishing speaking, Jiang Zhengjia looked at the presiding judge and said the last sentence: "There is one more point and the most important point.

Regarding the issue of other riders jointly suing our company, it has also been found out that the real situation is that Zhang Xiaodong, one of the plaintiffs, after his brother Zhang Dazhuang was injured and hospitalized, he recruited other riders to do it maliciously. Such means to blackmail the plaintiff company..."

Having said that, Jiang Zhengjia looked at Li Chen: "I am going to represent Yunsheng E-Commerce to sue the other party for extortion..."

　I can't even write the specific number of deaths... Axi
　　
　
(End of this chapter)