If you were asked to file a lawsuit, how come you were not found guilty?

Chapter 234 The court of first instance said that he can be called Zhang C

"By the way, the first instance of this case has already been decided. The first instance ruled in favor of Zhang C."

Just when Ren Zhen was about to ask more details, Wang Suning suddenly remembered something, and his words made both Wei Yuanxu and Ren Zhen change their expressions.

"When did the verdict come down?"

"yesterday."

Wang Suning was obviously a little embarrassed: "We appealed in court. No, I ran over from D City today just to find a lawyer to resolve this matter.

In fact, you can find a lawyer locally, but the director asked me to take charge of this matter. I remembered that I had watched lawyer Ren’s court hearings before, and thought that lawyer Ren was very creative in handling this type of case, so I made this trip specifically and wanted to entrust you to do it. File this lawsuit with us. "

"You went to the first trial yourself, right?"

Ren Zhen sighed. In the first instance of the administrative lawsuit, the plaintiff had won the case, which meant that the judge of the first instance believed that the plaintiff should be justified in this case.

"Yes, the first trial was attended by another colleague and I. I didn't expect that the final result would be this."

When he talked about this, Wang Suning let out a long sigh: "I don't know what the judge thinks. How can he continue to use such a name!"

This doesn't depend on other people's judges.

I thought so in my heart, but I definitely couldn't say it in front of Wang Suning.

However, Wang Suning's mentality is the same as that of most defendants in administrative litigation. He thinks that he represents his unit. If our unit goes to court, it will have three copies of it, right? How could it be possible to lose?

But once the court ruled against him, he immediately panicked. If he continued to lose the case at the second trial, the impact on the unit would be great.

Then I hurriedly wanted to find a lawyer to help me appear in court, but I didn't know that I had missed the best opportunity.

"Is there a first-instance verdict?"

"Yes, yes, it's electronic. Let's add it via WeChat and I'll send it to you."

Wang Suning took out his mobile phone, added Ren Zhen's contact information, and sent an electronic version of the judgment.

"Let me see what the court's view is."

Ren Zhen opened the verdict and Wei Yuanxu also came over.

“The plaintiff claims that citizens have the right to name and have the right to decide, use and change their names in accordance with regulations, and others are prohibited from interfering, misappropriating or counterfeiting.

The defendant forced the plaintiff to change his name in order to be issued a second-generation ID card, which violated the plaintiff's right to decide his name. "

The right to name seems to be in Title 4 of the Civil Code, right?

Ren Zhen continued to look at the evidence provided by the plaintiff.

"The resident population registration card is used to prove that the law enforcement agency has registered Zhang C's household registration under this name since the day he was born. Zhang C has used this name for more than ten years.

Population registration cards were issued by you. If you wrote them to people like this back then, people would definitely not be willing to do so now. "

Ren Zhen shook his head, "As for this bank's current passbook, it is not very important. It is used to prove that when Zhang C opened a bank account under this name, the bank never refused and did not cause any inconvenience to the bank.

How the bank determines it is a matter of the bank has nothing to do with this case. "

The evidence is actually very simple, but the case is not complicated in the first place.

"Well, we think so too. However, during the trial, they didn't say much about the bank book as evidence. They mainly focused on the permanent resident registration card."

Wang Suning nodded:

“Our response is that according to our country’s Resident Identity Card Law and the notice from the superior law enforcement department on the launch of the new permanent population registration form and resident household register, the C in Zhang C’s name is prohibited from use. category and cannot be entered into the household registration management system.

After we learned about this matter, we discussed it with the plaintiff and his family many times, but the plaintiff insisted not to change his name, so we did not issue him an ID card. "

Ren Zhen looked down at the evidence submitted by the defendant. In addition to the two legal provisions mentioned by Wang Suning, there was also instructions for filling out a permanent population registration form.

"So one is that the use of his C is prohibited according to the regulations, and the other is that now this C cannot be recorded in the electronic system, right?"

Ren Zhen didn't have time to check carefully, but Wang Suning was right in front of him, so he had to finish all the questions at once.

"Yes, now the system cannot record his name Zhang C at all."

Wang Suning turned on his phone and looked through something again, "Then the Resident Identity Card Law stipulates that the ID card must be filled in with standardized Chinese characters and numbers that comply with national standards.

According to my understanding, this C is neither a standard Chinese character nor a number. Are you right? "

"Yeah."

Wei Yuanxu echoed from the side.

"But this plaintiff doesn't think so!"

When Wang Suning mentioned this, he was full of confusion: "The plaintiff's point of view is that this C is a Chinese pinyin letter, which is a type of standardized Chinese characters. Don't you think this is nonsense?

What’s even more ridiculous is that the court actually thought his view was correct! "

“Not only does it belong to standard Chinese characters, but the court also believes that it is a numerical symbol that complies with national standards.”

Ren Zhen has seen the part of this court’s opinion below, “Zhang C complies with my country’s civil laws, the Resident Identity Card Law and other relevant legal provisions, does not violate public order and good customs, and does not harm the interests of others.

The second-generation resident ID card is composed of three elements: Chinese characters, numbers, and symbols. Zhang C's surname "Zhang" is a Chinese character, and his first name "C" is both an English letter and a Chinese pinyin letter. It is also a number that meets national standards. symbol.

Therefore, Zhang C’s name complies with legal requirements. Zhang C has used this name for many years and has not caused any disadvantage to the country, society or others in the process of using it. "

"There is no problem with the surname Zhang, but for the name C, I think the court's determination is not necessarily correct, right?"

Wei Yuanxu expressed his opinion: "We generally call this C an English letter. If you want to say that it is a Chinese Pinyin letter, that is correct, but it is a numerical symbol. Isn't this a bit far-fetched?

And can Chinese pinyin letters be used as standard Chinese characters? "

"That's it!"

Wang Suning was very unhappy: "The court said that he did not violate public order and good customs, which I can understand, but the problem is that what was written on the ID card is not just about public prosecution and good customs.

Now his name cannot be entered into the system at all. Do we have to change the system across the country just for him?

And if he really wins this case in the end, then maybe some A, Li, B, Wang, and D will pop up in the future. Wouldn’t it be a mess? "

When Ren Zhen and Wei Yuanxu thought about it, they were really afraid of the first case of anything.

After the first crab eater appears, people will flock to follow him. But then looking at the judgment, the court ruled in favor of the plaintiff for more than just one reason.

[Public security organs shall not change their registration behavior except in accordance with legal reasons and procedures.

Zhang C completed the permanent population registration in June 2005 in the place where his household registration was registered, and the local law enforcement agency completed the approval. It should be regarded as the defendant has made specific administrative actions.

Administrative actions have the power of certainty. For administrative subjects, if there are no legal procedures and legally prescribed reasons, the administrative actions they have already taken cannot be changed at will, nor can they make another administrative action on the same matter.

If Zhang C's name is illegal and should not be registered, the law enforcement agency should refuse Zhang C's first registration in accordance with the law and give corresponding correction suggestions.

Since the issuance of the second-generation ID card is not the first time to register resident identity information, law enforcement agencies only need to issue it based on the information previously registered and approved, without changing the registered content.

To sum up, the right to name belongs to citizens’ personal rights. As long as it does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs, then Zhang C’s name can be used.

The defendant, Jianming District Law Enforcement Branch of City D, should allow the plaintiff to keep his current name and issue him a second-generation resident identity card. 】

"Tell me, does this court stand up and speak without pain? It allows Zhang C to keep his current name. Does that mean we don't want him to keep it? That means the law does not allow him to keep it!

If we apply for an ID card for him, does that mean we won’t issue it to him? That’s impossible to do and can’t be distributed! "

Wang Suning was very dissatisfied with the court's decision: "Their judge, sitting in the office, opening and closing his lips, touching them up and down, decided the case, and taught us what to do.

They have not even considered whether we can implement their sentence?

If their judgment is really implemented, then everything will really be in chaos! "

Ren Zhen and Wei Yuanxu looked at each other and did not participate in this topic.

Wang Suning dared to say this because he was from the Law Enforcement Bureau, and their lawyers would not praise or criticize casually in front of outsiders.

However, this also reminds them of the "chain of contempt" that is widely circulated in the legal industry.

In the eyes of the court, both law enforcement agencies and the public prosecution agency have a presumption of guilt. We strike the hammer and we have the final say!

From the perspective of the public prosecution agency, law enforcement agencies are a bunch of rough guys who are not good at theory; the courts are just empty talk about unrealistic theories and a bunch of unreasonable requirements.

From the perspective of law enforcement agencies, there are no quiet times, thanks to the fact that we are moving forward with a heavy burden. The courts and public prosecution agencies are a group of uncles who do not understand the front-line difficulties and have a lot of broken requirements.

In the unified view of these agencies, the lawyer group is a proper comparison.

What, you ask me what the lawyer thinks?

Lawyers have no opinion. Lawyers will not admit that they are the last guardians of justice, let alone think that they are all in the same group.

"Okay, let's understand the case first. If you are sure that you want to entrust us as lawyers, then we can sign the entrustment agreement."

When the matter was almost settled, Wei Yuanxu mentioned it, and this was the real business.

"If Lawyer Ren is willing, I'll trouble you to make a trip. City D is quite far from City H."

Wang Suning came here specifically for Ren Zhen. Now that he saw Ren Zhen in person, it was not much different from his expectations. He immediately decided to let Ren Zhen handle the case on behalf of their branch.

"I have no problem here. Let me confirm with you in advance. We are not planning to negotiate with the plaintiff any more. Are you sure we won't settle?"

Although the case has been appealed and will inevitably enter the second instance process, if both parties agree, there is still the possibility of a negotiated settlement.

The plaintiff will definitely not take the initiative to settle now. If Wang Suning and his branch are willing to let go, they don't have to go to this second trial.

If they still don't let go, then Ren Zhen can focus all his energy on preparing for the second trial and won't have to worry about contacting the plaintiff.

"It's impossible for us to give in."

Wang Suning shook his head: "This is not just a matter for our branch. If we relent and open such a hole in our branch, then people all over the country will have names with English letters. We cannot bear this responsibility." .

So Lawyer Ren, we must win this case! "

Must win?

Hearing this, Ren Zhen started to feel dizzy.

I also want to win, but the problem is that this thing doesn’t count even if I say it!

"Director Wang, I have to tell you in advance about the outcome of the case."

Wang Suning interrupted him: "I know that your lawyers cannot make promises about the outcome of the case. I will just say this to let you understand the importance of this matter. Not to mention the final outcome, you just try your best to fight this lawsuit first. ."

Ren Zhen breathed a sigh of relief. Fortunately, Wang Suning was not the kind of person who would accept death and make no sense.

However, as Wang Suning said, the outcome of this case has far-reaching consequences. If he really loses, it will bring about a series of butterfly effects, and the burden on his shoulders is not light.

After seeing Wang Suning off, Ren Zhen couldn't help but glare at Wei Yuanxu. Even if he was the boss, Ren Zhen couldn't help but complain:

"Wei Lu, are you trying to trick me?

If I lose this case, how will I survive in the future? "

Wei Yuanxu patted his shoulder confidently: "I believe in your strength, you will definitely win this case!

What's more, Deputy Director Wang comes to your door and wants to find you by name. I'm actually just a messenger. I'm really not looking for a job for you.

If you don't want to answer, no one can force you. How about I call Deputy Director Wang back and you tell him personally? "

"I'm going back first. I'm on a business trip tomorrow."

Ren Zhen rolled his eyes at him, opened the door and left.

He just said this casually, if he really didn't want to take this case, he just refused it in front of Wang Suning.

Most lawyers would not have the opportunity to appear in court on behalf of law enforcement agencies. Even if Wei Yuanxu didn't say it, he would want to give it a try.

Moreover, Zhang C’s case is extremely special. There may not even be any similar case before. If this case is done well, it will be a small precedent in the legal profession.

Ren Zhen returned to the office, turned on the computer, and began to search for cases and legal regulations. At the same time, he sent a copy of the judgment to Chang Jiahang, and the commander was doing some auxiliary work.

In the process of communicating with Wang Suning just now, Wang Suning also mentioned that they have reported the situation to the Municipal Law Enforcement Bureau. After going to D City, they will have to communicate with the higher-level law enforcement agencies to see if they can provide anything valuable. basis or reference opinion.

(End of this chapter)