You became a lawyer and sent the judge in

Chapter 103 Administrative Illegal?How dare you say it!

Linnan City Intermediate Court.

The waiting room before the court hearing.

With a serious face, Li Xuezhen let out a long breath.

After rearranging the materials and confirming that they were correct, the little face relaxed.

After Su Bai noticed Li Xuezhen's small expression, he smiled and didn't say much.

Immediately afterwards, under the leadership of the staff, the two came to the court hearing.

This time.

It's one against two.

First: plead not guilty.

The second is to file an administrative lawsuit and revoke the administrative penalty.

The difficulty of the case...

Its main point is the defense of innocence.

But the second point is also a difficult point...

Compared with the last case, this case has one less side.

But the overall difficulty is really not small.

One hit two is not easy! .
.... ...

Soon, lawyers from all parties in the trial entered the room.

After the lawyers, representatives of the three parties and the parties have entered the venue, the clerk began to read the court discipline.

"one:."

"two:."

"three:."

"Four:."

"After the court discipline has been read out, the presiding judge is invited to enter the court!"

Accompanied by the clerk's voice fell.

Everyone at the trial stand up!

The presiding judge and two judges walked to the courtroom.

Su Bai raised his head slightly to look at the seats on the trial bench. The judge: Wang Zhihua, the presiding judge: Bai An, and the judge: Xiao Jun.

The presiding judge Bai An stood on the seat of the trial platform and rang the gavel: "Everyone, please sit down!"

dong dong dong.

Accompanied by the sound of the hammer falling.

Swish swish.

All members sat in their respective positions.

After the presiding judge Bai An circled around for a week, he rang the gavel: "The trial is now in session!"

All serious.

Boom boom boom!
The presiding judge Bai An sounded the gavel again: "Now we will start to verify the identities of the litigant, the defendant and the parties,"

"The appellant is now invited to state the identities of those appearing in court."

"Good judge."

Su Bai nodded slightly.

In this case, the most critical point is the determination of picking quarrels and provoking trouble.

at this point.

The opinion of the presiding judge is the most critical.

Su Bai had a certain understanding of Bai An, and basically didn't have much inclination towards this case.

At present, all he has to do is to pass the interpretation of the law, so that the presiding judge's inclination is biased towards their side, and just make a judgment!
After thinking about this point clearly, Su Bai took a deep breath, and continued to speak: "The identity of the appellant's person in court"

at the same time.

On the other side, Luo Daxiang is also broadcasting live content on his law review account.

"This case, we have already investigated the relevant content!"

"If you are new here, you can go and watch the video I posted."

"Today, I will mainly popularize the crime of picking quarrels and provoking trouble for everyone, and the definition of this crime!"

"What about this crime?"

"It is in Article 290 of the Criminal Law. The party involved in this case was convicted of the crime of picking quarrels and provoking trouble because of Article [-] of the first instance."

"As for the verdict of the first instance, I have posted it in the last video, and everyone can discuss it freely."

Comment area: "I've seen it, and it feels very unreasonable. I hope I can give an accurate statement! Otherwise, this judgment is just like a joke!"

"That's right! This matter must be given an accurate statement, otherwise, it would be too unreasonable! Nima, the sentence is too irritating!"

"but."

"and many more!"

"Do you old fans look familiar to the lawyers who watched this trial?"

"Nimma, isn't this Lawyer Su! You look familiar! You must be familiar! We've met several times in Mr. Luo's studio!"

"Hahaha, right! I think so too!"

Luo Daxiang saw the content in the comment area, and said with a smile: "This time we will live broadcast the content of the trial, which is also a lawsuit entrusted by lawyer Su. At the same time, this case is also very typical."

"Everyone can continue to look down."
.
.... ...

In court.

The relevant identity information has been verified.

Prosecution lawyer: Mo Xiao.

Water management station lawyer: Meng Haiyang.

These two are relatively well-known lawyers in Linnan City.

For this case, there is a certain ability to judge.

More importantly, the prosecutor's lawyer was Mo Xiao during the first trial of this case!
It can be said that Mo Xiao has a better understanding of this case and Zhang Laidong's sentence of picking quarrels and provoking trouble, and can confirm that it is basically impossible for the other party to change the sentence.

Mo Xiao kept calm and silent during the trial, quietly flipping through the materials.

Boom boom boom!
On the trial stage, the presiding judge Bai An rang the law, and set his sights on the litigant's seat.

"The identity information of all parties has been verified."

"This court has jurisdiction over Zhang Laidong's case. This case is heard by the Linnan City Intermediate Court. Do all parties have any objections, and have they applied for recusal?"

Su Bai: "No objection, no application for recusal."

Mo Xiao: "No objection, no application for recusal."

Meng Haiyang sorted out the information: "No objection, no application for recusal."

Bai An nodded slightly, and after hearing the answers from all parties, he looked down at the documents.

In this case, he has already read the evidence submitted by all parties.

The evidence submitted by both the prosecution and the litigant has a clear legal basis!
Whether Zhang Laidong is found guilty or not requires both parties to plead in court.

As for the administrative complaint brought by the litigant.

look at this
After Bai An cleared up his thoughts, he rang the gavel again.

"There is no objection from any party to the trial of this case by this court, and the cause of action is now determined."

"The cause of the case: the litigant appealed to reject the first-instance judgment, and defended Zhang Laidong's innocence. At the same time, the water management station filed a protest against Zhang Laidong's administrative penalty. Is the cause of the case true?"

Su Bai looked up at the presiding judge's seat: "President, the case is true."

The voice fell.

Boom boom boom!
On the presiding judge's seat on the trial stage, Bai An rang the gavel: "Confirm the facts of the case."

"The litigant is invited to state the claim, the evidence or facts of the lawsuit, and the legal basis."

"Good judge!"

Su Bai took a deep breath, the key to this lawsuit came!

From the litigation materials, Su Bai took out the lawsuit request that had been drawn up long ago, and slowly stated:
"Presiding judge, our lawsuit application is as follows:"

"One: According to the Criminal Law of our country, Article 293 is the crime of picking quarrels and provoking trouble."

"One of the following behaviors, which disrupts social order, will be considered as picking quarrels and provoking trouble."

"([-]): Beating others at will, the circumstances are bad."

"([-]): Chasing, intercepting, insulting, intimidating others, and the circumstances are bad."

"([-]): Forcibly taking or arbitrarily destroying, occupying public and private property, and the circumstances are serious."

"([-]) Making disturbances in public places, causing serious disorder in public places."

"According to the judgment of our party in the first instance, it is ([-]): take other people's property by force, and it has been repeated many times. We question this."

"That is, we apply to revoke the judgment of the first instance and change the verdict of not guilty."

"Second: Regarding the administrative penalty imposed on us by the water management station, we believe that the punishment of the water management station is an administrative violation, that is, apply for the cancellation of the administrative penalty, and make a public apology to our party!"

"Presiding judge, our litigation application has been presented."

This time, the lawsuit application is only two.

The first article is relatively speaking, relatively normal, after all, it is a defense of innocence.

But what's wrong with the second one?
Is the punishment of the water management station an administrative violation?
Gee tut.

How dare you say it!

After listening to Su Bai's statement, Meng Haiyang frowned slightly, didn't speak, just looked at Su Bai.

I was just thinking about what Su Bai said about administrative violations...
.
....
On the bench seat.

Bai An frowned slightly, and then looked at the seat of the accused party.

"Now, the accused party and the prosecution are invited to make a statement."

Mo Xiao sorted out the lawsuit materials a little bit, and then said:
"As for the claim raised by the litigant, Zhang Laidong is not guilty, and we have filed an objection to the application to revoke the first-instance judgment."

"Our side believes that in this case, Zhang Laidong illegally built a bridge and was suspected of repeatedly taking other people's property by force. Based on the evidence provided by the prosecution and the legal definition of picking quarrels and provoking troubles, we confirm that Zhang Laidong has constituted a serious case of provoking troubles."

"We believe that it is best not to jump to conclusions until the litigant has no strong evidence to prove it. The law is strict and blasphemy is not allowed!"

"Our statement is over."

After Mo Xiao finished his statement.

The corner of Su Bai's mouth raised slightly, it's better not to jump to conclusions?Are the laws strict?

Why are you so hard mouthed!
I said the lawsuit application, you said I jumped to conclusions, you said the law is strict?
Go go go!
Whether the law is strict or not, you will know after a while!

Su Bai's eyes fell on Mo Xiao.

Similarly, Mo Xiaodao's eyes collided with Su Bai's.

Neither of them backed down.

The corners of Su Bai's mouth raised slightly, but he didn't speak.

After Su Bai and Mo Xiao finished their presentations.

The presiding judge Bai An summarized the evidence submitted by the litigant, that is, Su Bai, and the prosecution.

Followed by.

He set his sights on Su Bai.

"The litigant, regarding the evidence submitted by the prosecution and your side, I have a few questions that I would like to ask."

"First, how do you prove that Wang Laichun didn't take it by force?"

"Second, what is the basis of your facts?"

"Third, do you have any objection to Zhang Laidong's illegal construction of the bridge and private collection of fees?"

Bai An asked three questions in a row, and Su Bai knew that these three questions were very important.

Since the presiding judge has pointed out these three questions, it means that in the presiding judge's heart, these three questions are the key to his intentionality.

Su Bai sorted out the materials briefly, then slightly raised his head and said:

"Presiding judge, we have no objection to Zhang Laidong's illegal construction of the bridge and private collection of fees..."

The evidence on this issue is so overwhelming that it is impossible to dispute it.

but!

The other two questions are the key to the presiding judge's inquiry.

only.…

The line between the key points of these two issues is very blurred.  …

Su Bai took a deep breath, and then said:

"Presiding judge, in the evidence we submitted, Zhang Laidong did not charge fees forcibly, but mostly voluntarily collected fees."

"Without the repeated demands mentioned in the prosecution's complaint. . . . "

"Moreover, the prosecution accused us of intercepting fees and harming the interests of the masses. This matter has no factual basis."

"Because we paid our own efforts to build the bridge, and the interception fee was to compensate our losses, and we benefited from it. However, there is no factual basis for intentional crimes in the subjective aspect, and there is no disturbing social order in the objective aspect."

"According to the criminal law, the definition of crime is to violate the legal rights of others."

"But if we charge fees, does it infringe on the legal rights of others?"

"not at all!"

"On the other hand, our bridge building is for the benefit of others."

"It's a good thing, there is no infringement of the legal rights of others!"

"If it is judged that we are provoking quarrels, does that mean that we have violated the legal rights and interests of others in a legal sense and caused the destruction of social order?"

"Then I would like to ask the prosecutor, if our purpose of building the bridge is to infringe on the legal rights of others and cause damage to social order, then why should we invest in building bridges to facilitate others?"

"So far, the fee charged by Zhang Laidong does not account for 1/3 of the construction cost...and also waived the bridge fee for some people in need and some people in urgent matters. In these matters, do we infringe on the legal rights of others?"

"Let's talk about the subjective side."

"During the execution of the first-instance judgment, Zhang Laidong was ordered to return all the fees collected."

"After returning."

"One of them, surnamed Li, named Li, handed over the returned property to Zhang Laidong's family again."

"During this process, Zhang Laidong was absent throughout the entire process, and there was no forced request."

"Then why is this happening?"

"The reason is that Zhang Laidong's repair of the bridge is a good thing for the nearby villagers themselves."

"It's all voluntary, there is no coercion. Could it be said that someone else voluntarily gave it to you?

"This is completely unreasonable and does not conform to the law's interpretation of force!"

"The above is the factual basis for our application to revoke Zhang Laidong's first-instance judgment."

"And all the corresponding evidence has been submitted, and the presiding judge can review and confirm it."

to be honest.

In this debate, the prosecution's plea is based on whether Zhang Laidong is forcing the plea.

He was supposed to question him, but through Bai An's few questions, he instead re-thrown the question to the prosecution.

This question is inherently vague.

Whoever takes the initiative has the right to speak.

Judging from the current situation, it is obvious that he has a certain degree of initiative.

The prosecution lost the defense and Zhang Laidong changed the sentence, so there is no problem.

If the defense wins... Well, it is impossible for the prosecution to win!

After listening to Su Bai's statement, Mo Xiao frowned slightly.

This...is this directly labeling him?
And throw the question to him?

This.…

Buckle up!

PS: Ask for a monthly pass~

(End of this chapter)