You became a lawyer and sent the judge in

Chapter 330 The defendants, one, two, and three...Xiao Li: How wonderful! Appeal directly to the leadership department!

Administrative cases.…

To be honest, it's generally not easy to deal with.

In Beidu, administrative cases are a relatively large area of ​​litigation.

Most law firms in Beidu also prefer to work in administration.

If there is an administrative violation in a certain department, then this is what Beidu lawyers like the most.

However, this is limited to law firms in Beidu. After all, Beidu has a special status.

In terms of law, especially in terms of administrative violations, there are certain guarantees.

However, elsewhere.

how to say.…

Administrative cases basically involve administrative violations.

When administrative violations are involved, administrative interference in judicial outcomes may occur.

Therefore, ordinary local lawyers are not willing to accept administrative cases.

First, administrative cases involve local departments, which will affect the development of law firms or individuals.

There is no need to have a case affect you.

Secondly, even if you win an administrative case, it will be difficult to enforce it.

This is what many people say, "Administrative cases are fought in vain."

why?

Because you even win the case.

Then, the defendant, that is, the administrative department, may not necessarily implement relevant matters in accordance with the court's decision.

Enforcement?

It is too difficult for the court to ask relevant departments to enforce the law!

Hardly realistic.

This is the so-called reason why administrative cases are difficult to litigate and most local lawyers are unwilling to take them.

Because if you lose the case, your reputation will be affected, and if you win the case, the execution will not be in place.

This situation puts us in a dilemma.

Su Bai has not handled many administrative cases.

In the bridge repair case, an administrative lawsuit was involved.

However, in the bridge repair case, the issues involved are mainly criminal and administrative.

It is not a simple administrative lawsuit.

certainly.…

Among the cases Su Bai took over, there were also administrative violations involved in other cases.

For example, a client was previously allegedly beaten to death by law enforcement agencies.

This is already a case of lax supervision by law enforcement agencies.

A serious administrative issue was involved, but at that time, the main issue in this case was criminal.

Then there is.

Administrative cases are generally common complaints filed by the public.

In common situations, when people sue officials, they basically cannot win.

However... this also reminded Su Bai of a special case.

In a certain area in the south, due to the good local economic conditions and good legal conditions.

In a typical civil lawsuit, the appellant directly called the hotline because he was worried that the court would make a biased judgment.

In the end, I don’t know whether it was the influence of public opinion or other influences.

This trial allowed the local political and legal leaders to appear at the trial.

to ensure the fairness of the trial.

It sounds a bit magical, but it is reality.

However, this situation is an extremely special case and does not apply to ordinary cases.

Su Bai felt that the administrative case Duan Liang was talking about was outstanding. This case involved several units.

Kicking each other the ball.

If the individual parties are asked to file a lawsuit, they may not even know which unit or department they should sue.

"Lawyer Su...this administrative lawsuit is indeed quite complicated. Do you think this case can be accepted?"

Duan Liang scratched his bare head, expecting Su Bai to give a response.

Su Bai smiled and nodded: "Yes! This administrative lawsuit is indeed a bit complicated."

"But...it's not like we can't fight!"

"In order to expand the development of our branch, I can accept it."

Duan Liang was happy when he heard Su Bai's answer.

"That's good! Once this administrative lawsuit is over, our Beidu branch's administrative litigation case acceptance rate may be slightly improved."

“In terms of development, the branch can also be more comprehensive!”

"Ok!"

Su Bai nodded: "Let's meet the person involved first."

"it is good!"

Duan Liang notifies the client of the time to come to the law firm.

Su Bai briefly organized and analyzed the case.

The administrative case involved in this case is that the parties are preparing to sue the food inspection department and the industrial and commercial administration department for failure to act in the second instance.

Why sue like this?

Because the daughter of the client bought a bag of snacks in a certain supermarket.

Severe diarrhea and other conditions occurred after eating the snack.

After going to the hospital for a checkup, he was found to have food poisoning.

Fortunately, he received medical treatment in time and there were no major subsequent problems.

But the doctor said that if the delivery was delayed, it might cause some emergency situations.

Who wouldn't be anxious in this situation?

When the parties involved approached the supermarket to ask for an explanation, the supermarket did not respond.

The person in charge just said a few words: "How can you prove that something happened to you because you ate our snacks?"

"After leaving the supermarket, we are not responsible for the things we sell. You may have eaten something else and got food poisoning."

"Are you trying to blackmail our supermarket?"

Even after the parties involved produced relevant certificates, the person in charge of the supermarket just said:

"If you can, go to the food inspection department and the industrial and commercial department to sue us!"

What followed was that the person concerned not only approached the food inspection department and the industrial and commercial department, but also the health department.

Food expiration is managed by the food inspection department and the industrial and commercial department.

If food poisoning occurs, you need to report it to the health department.

The parties involved contacted these three departments in succession, but there was a situation where they kicked each other off.

The health department said:

"Food poisoning does fall under the jurisdiction of the health department, but because the food has expired, it should be treated as if the food has expired, and the person should first go to the food inspection department and the industrial and commercial administration department."

The other two departments added: "Food poisoning falls under the jurisdiction of the health department."

Playing ball again to deal with the person involved.

In summary, it's just kicking the ball back and forth.

The person involved has been running around for nearly a month because of this matter, but there has been no progress in this matter.

Finally, the parties involved could not bear it anymore and filed administrative lawsuits and civil lawsuits.

The supermarket and the administration were taken to court together.

The final result was that the case was lost in the first instance.

Now preparations are underway to file another lawsuit.

And there’s another key point in the meantime.

The parties found out through understanding during the first-instance lawsuit.

It was not just his daughter who suffered from food poisoning, but also eight or nine children, all aged 3 to 8 years old.

When Su Bai understood and summarized this, he frowned slightly.

Food poisoning in two or more people has been counted as mass food poisoning.

Now involving infants and young children, the harm is self-evident.

The executive branch doesn't do anything about this kind of thing? !

Is it a matter of inaction and unwillingness to assume relevant responsibilities and deliberately shirk responsibility?

If it belongs to the latter, then it has been suspected of administrative violation.
.

....

Inside the Beidu branch office.

The person involved, Xiao Pingjun, came to the office and saw Su Bai, and walked forward:

"Lawyer Su, hello..."

"Hello..." Su Bai took the initiative to hold Xiao Pingjun's hand.

Xiao Pingjun looked at Su Bai with a somewhat excited expression:

"Lawyer Su..."

"I found many lawyers for this case, but many lawyers were unwilling to take on such a complex administrative case."

"There is no way. I only found a small lawyer during the first trial."       "Now I am planning to file a lawsuit again. I heard that the lawyers in Beidu are very good at administrative litigation."

"So here it comes."

"I like to watch some court trials and legal circles online, and I also know that Lawyer Su is one of the top lawyers in the country."

"I'm thinking of trying the branch in Beidu."

“I didn’t expect that this case would be taken over by you, Lawyer Su!”

"Lawyer Su...I'm going to trouble you more this time!"

Su Bai smiled and said, "No trouble, let's talk about the specifics of this case first."

"Okay, okay..."

After a brief exchange of greetings, several people sat down and began to understand the specifics of the case.

Among them, Su Bai was most concerned about the true situation of eight or nine children suffering from food poisoning in this case.

You know...food poisoning of more than two people is considered a mass incident.

This case involves nearly ten children under the age of ten!

Young children are suspected of food poisoning, and it is a group disease.

Compared with other cases of food poisoning, it is a serious case.

And it has already involved a very serious situation!

Regardless of anything else, file a report with the health department regarding existing cases of food poisoning.

Are you still kicking the ball in this situation?

This is nonsense!

What if something really happened?

If something really happened, it might be comparable to a major case.

Therefore, Su Bai was particularly concerned about this matter and asked Xiao Pingjun.

"During the first trial, did you mention that there were as many as eight or nine children suffering from food poisoning?"

"In other words, after knowing that there were so many children suffering from food poisoning, did supermarkets and other parties do anything?"

"Informed!"

"Not only did I inform them of this matter, I also emphasized the harmfulness of this matter."

"But no one cares..."

Xiao Pingjun spoke, looking a little helpless on his expression.

Looking at Xiao Pingjun's helpless and not lying expression, Su Bai frowned slightly.

This case already involves issues of food expiration and food safety, but has not been dealt with accordingly.

This already involves illegal situations, right?

"So what is the attitude of other parents in this case?"

Su Bai asked another crucial question.

But when asked this question, Xiao Pingjun seemed a little silent.

"Lawyer Su."

"There is really no solution to this case, so we did this as a last resort."

"Well..." Su Bai nodded and motioned for Xiao Pingjun to continue.

"We are all ordinary people. I am really angry, so I plan to sue these departments."

"Some other companies are afraid of causing trouble. They all say that if they go in again, the consequences will not be worth the loss. Just think about it and be patient."

"There are two or three companies left that support my approach and cooperate with me, but they don't come forward."

"Then if they are asked to appear in court to testify, or to produce evidence of food poisoning, there will be no problem, right?"

"There is no problem with this. They are just worried about getting into trouble, but it is okay to produce evidence."

"Then you didn't conduct an administrative review before filing the lawsuit?"

"Administrative review? Filed, but the response given by the administrative review still follows the template."

"It's of no use."

"okay."

After Su Bai chatted with Xiao Pingjun about the general situation.

I also learned that this case was in Jin City, which is close to Beidu.

The first instance hearing was held at the Tianjin Basic Court.

The place of purchase was in a large supermarket in Jin City.

During the chat, Su Bai specifically searched for this supermarket online. It was not a small supermarket.

Xiao Pingjun said that this supermarket has been open locally for more than ten years.

After understanding the general situation and sending Xiao Pingjun away.

Li Xuezhen on the side said angrily:

"Lawyer Su...Why are the relevant administrative departments like this?"

"You don't care at all. Are you just going to let this happen?"

"There are currently eight or nine poisoned children found in the investigation. The actual number must be more than that!"

"Lawyer Su..."

"I think this administrative case must be fought hard!"

Looking at the righteous Li Xuezhen, Su Bai smiled and nodded:

"Yeah, sure!"

"but.…"

"When this case was originally litigated, Xiao Pingjun filed for administrative review but was rejected because he did not describe the food poisoning of so many people."

"We can clearly state the seriousness and specific circumstances of the matter and file for administrative review again."

"Otherwise, when the court comes, we will still have to go through the relevant procedures."

"Oh, good Lawyer Su."

Li Xuezhen nodded.

Immediately afterwards, Su Bai asked Xiao Pingjun to investigate the behavior of food supervision, industrial and commercial administration, and health departments.

After describing so many cases of food poisoning in infants and young children, we applied for administrative review again.

Administrative reconsideration simply means making a complaint to the relevant department.

The relevant department ordered the department to which the complaint was made to handle the incident raised.

Xiao Pingjun listened to Su Bai's opinions and filed for administrative review again.

but.…

The reply Xiao Pingjun received this time was - "Rejection of Administrative Reconsideration Letter"

To put it bluntly, it means rejecting the administrative reconsideration situation.

Su Bai was stunned for a moment after learning the news.

???

What does it mean to reject administrative reconsideration?

According to the content of the rejection of administrative reconsideration, it was verified that there was no inaction by the health department, industrial and commercial department, and food inspection department.

It was verified that the health, industry and commerce and food inspection departments interviewed the person in charge of the supermarket.

There is no inaction in the reconsideration content.

Seeing this reply, Su Bai really felt that this was a lie.

What is this talking about?

Does interviewing the person in charge of the supermarket count as an act?

Let’s not talk about whether there was a real appointment.

What are Xiao Pingjun’s administrative demands?

Xiao Pingjun’s administrative request is to conduct an in-depth investigation into the source of food poisoning.

And investigate the expired situation of food under market supervision and issue corresponding reports.

And in accordance with the corresponding food safety laws and industrial and commercial administration laws.

Supermarkets will be punished accordingly.

Furthermore, certain compensation should be given to those suffering from food poisoning.

So...what's the use of interviewing the person in charge?

If the relevant demands are not met, isn't it still a case of inaction?

Li Xuezhen looked at Su Bai with a confused expression:

"Lawyer Su, the administrative review has been rejected..."

"Should we prepare for an appeal next?"

Su Bai nodded: "Yes!"

"But there will be one more defendant in the lawsuit."

"One more?"

"Reconsideration unit."

Li Xuezhen:? ? ?

Review unit? !

The reconsideration unit falls under administrative jurisdiction, that is to say...

Thinking of this, Li Xuezhen's eyes lit up,

this is not bad!

This is the first time I have taken an "administrative unit" to court!
.

....

PS: Please give me a monthly ticket~

(End of this chapter)