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

Chapter 235 X and C

"Ren Lu, I don't think we have an advantage in this case, do we?"

For various reasons, the date for the second trial was determined quickly. Within a few days of Ren Zhen and Chang Jiahang arriving in D City, the court date had already arrived.

Fortunately, Wang Suning and the others found a lawyer as soon as possible this time. Otherwise, in this short time, they might have to take action personally again.

"It's a loss in the first place, so of course it's not an advantage."

Wang Suning, as the unit's representative in court, sat on the other side of Ren Zhen. Ren Zhen turned his head and whispered back.

"Then will the set of things we prepared work?"

Chang Jiahang was worried. Although he had accepted that even Ren Zhen could not maintain a perfect victory record, he still subconsciously wanted to win this case.

"Just do your best."

Ren Zhen shrugged, and the judge had already arrived in the courtroom.

"Now the court hearing has officially begun. Regarding the case in which the plaintiff Zhang C sued the defendant D, the Jianming District Law Enforcement Bureau of City D asked him to change his name, the Jianming District Court made a judgment on June XX, 20XX.

Defendant D, the Jianming District Law Enforcement Branch of City D, appealed in court. After review in accordance with the law, this court found that the appeal conditions were met.

This court formed a collegial panel in accordance with the law, with myself, Lu Guangchao, as the presiding judge, and Du Hongzhi and Tian Yining as the judges. The case was heard publicly in accordance with the law.

Check the identities of those present in court below.

Plaintiff Zhang C, male

Plaintiff litigation attorney, Zhang Guangzhi, male, lawyer at Dechao Law Firm

Defendant Wang Suning, a staff member of the Jianming District Law Enforcement Branch of City D in Province C, appeared in court on behalf of his unit to participate in the lawsuit.

Defendant’s attorney ad litem Ren Zhen.”

When the judge checked them one by one, Wang Suning leaned close to Ren Zhen's ear and raised his chin towards the lawyer on the plaintiff's bench opposite: "That is the plaintiff's lawyer, and he is also Zhang C's father. During the first trial, Zhang C did not Appear in court.”

Ren Zhen nodded silently. After all, Zhang C was still a student, and a place like the court was not suitable for him at his age.

"Plaintiff Zhang C and the litigation attorney, have they applied to recuse themselves from the relevant persons in the court?"

"Don't apply."

As a lawyer, Zhang Guangzhi has rich court trial experience and calmly answered the judge's questions.

"Defendant D, the representative of the Jianming District Law Enforcement Branch of City D, appeared in court. Did he apply to recuse himself from the relevant persons in the court?"

"Don't apply."

Wang Suning shook his head.

"Okay, then let's start the court investigation."

Lu Guangchao looked at Zhang Guangzhi: "Plaintiff's lawyer, please briefly state the facts of the case."

The first trial of this case has ended. Both the plaintiff and the defendant are very familiar with the facts of the case. Now it is actually just a formality according to the procedures.

This is an open court trial, and the trial is also broadcast live. If it is another case that does not require live broadcast, the judge will often skip this link.

The plaintiff knows that the defendant knows, and I, the judge, have read the files and learned about it. What else do I know about the case?

But that’s not possible now, so the plaintiff still has to go through it briefly.

"Hello, judge."

Zhang Guangzhi stood up and started without even looking at the materials:

"Plaintiff Zhang C, when registering as a permanent resident in June 2005, registered with the local law enforcement agency under the name 'Zhang C'. Since then, Zhang C has been living under this name for more than ten years.

Due to the need to study further this year, Zhang C went to the local police station to apply for and issue a second-generation ID card, but was told that his name was prohibited from use.

After negotiating with local law enforcement agencies to no avail, the case was brought to court. "

"Has Zhang C never applied for a first- or second-generation ID card before this year?"

Logically speaking, this kind of question should be asked to the plaintiff himself, but since the plaintiff was still a minor and did not appear in court, and the plaintiff's lawyer was the plaintiff's father, Lu Guangchao simply asked the lawyer directly.

"No."

"The plaintiff's lawyer is the plaintiff's father, right? Then can I ask, when you named the child, why did you choose Zhang C?"

Lu Guangchao's tone was very calm and he asked questions without hesitation. He had obviously prepared them before the trial.

"There are three considerations in naming the child."

Zhang Guangzhi thought briefly for a few seconds and then said something: "First of all, there are many English words starting with C. We named our child such a name because we hope that after Zhang C, our Zhang family will be prosperous and have prosperous descendants.

We are not superstitious. In fact, we are just using such a metaphor to express our hope for this beautiful wish.

Our family comes from a rural area, and especially the elderly in the family think more about future generations, so there is such a consideration. "

As expected, Zhang Guangzhi also included an explanation in just a few sentences, fearing that the judge would misunderstand something.

"Secondly, C was initially regarded as the English letter in people's eyes. When the child was born, the country's emphasis on English education was slowly increasing. As the first college student in my family, I also tasted the sweetness of knowledge.

I named my son C because I hope my son can study hard.

Finally, the name Zhang C also has the most important meaning. The English words in our country begin with C. I gave him this name in the hope that when he grows up in the future, he will never forget his own. nation. "

Good guy, after hearing these three reasons, Ren Zhen couldn't help but applaud him.

The first two reasons sound like that, but the last reason directly sublimates this special name, and the pattern opens up instantly.

But whether what Zhang Guangzhi said is true or false, at least it sounds reasonable.

"Plaintiff's lawyer, you also said that the reasons for naming your child all involve English words and English letters. So when you came up with this name, did you use the C as an English letter? "

Lu Guangchao asked a question that made Zhang Guangzhi's heart tremble.

"No, presiding judge." Zhang Guangzhi thought for a moment and then rejected the judge's guess:

“Although I chose this name for my child because of the influence of English, it is only because the C in our Chinese Pinyin alphabet is the same as the C in the English alphabet, which by the way extends these meanings.

But when registering children and registering permanent residents, we must be following national regulations and use this C as the Chinese Pinyin letter. "

Lu Guangchao's question was obviously flawed, and Zhang Guangzhi answered very carefully.

"Okay, that's all we know about the situation. Next, the appellant and defendant in the original trial, D City Jianming District Law Enforcement Branch, will issue an appeal opinion."

Although Lu Guangchao's question was somewhat targeted, after discussion with several judges in front of the court, they felt it was necessary to make it clear that it was not biased towards the Law Enforcement Branch.

It's my turn.

Ren Zhen stood up: “The appellant’s claims are as follows:

1. Request the second-instance court to revoke the first-instance judgment.

2. According to the law, it was judged that the name of the respondent Zhang C was prohibited from use by law, and he should change his name at the local law enforcement agency within the specified time to complete the issuance of his second-generation resident identity card.

The reasons are as follows:

Zhang C’s application to use English letters as his name violates my country’s common language regulations.

According to the laws and regulations related to the common spoken and written language in my country, the national common spoken and written language is Mandarin and standardized Chinese characters.

C is obviously not a standard Chinese character, so the name Zhang C not only violates the legal requirement to use standard Chinese characters, but also violates public order and good customs.

On this basis, the law enforcement agency believes that on the premise that Zhang C continues to apply for the English letter C as his name, it is in compliance with the law to refuse to issue him a second-generation resident identity card.

At the same time, this move is for the Jianming District Law Enforcement Branch to correct the error in the initial registration of Zhang C’s ID card in accordance with the law. It is a concrete manifestation of administration in accordance with the law and is not an inconsistent behavior for the same administrative matter. "

Meet your opponent!

Halfway through Ren Zhen's appeal, Zhang Guangzhi knew that this lawyer was not hired by the Law Enforcement Branch to make up the numbers. They really wanted to win this lawsuit!

Ren Zhen's appeal opinion was not long, but he emphasized several times overtly and covertly that the 'C' in Zhang C was an English letter.

And unlike the first instance, the appeal did not limit itself to the Resident Identity Card Law, but started with the National Common Language and Writing Law.

The most shocking thing is that he openly admitted that it was a mistake of their law enforcement agency to complete the approval and registration of population information for Zhang C using this name.

In this way, the road to the court of first instance is blocked. We are not making a new administrative action on the same matter, but we have done something wrong before, and now we are correcting it. Secondly, my current behavior is administration in accordance with the law. If the court doesn't do what I say, do you want to legally make an illegal judgment?

Sure enough, professional matters still need to be done by professionals. The Law Enforcement Bureau has figured it out. If it was still stupid like the first trial and sent two people to appear in court, Zhang Guangzhi felt that this was already a sure thing.

Unfortunately, nothing ever goes so smoothly!

Zhang Guangzhi sighed inwardly, and at the judge's signal, he stood up and began to refute the appeal opinion of the Jianming District Law Enforcement Branch:

"Article 2 of my country's Resident Identity Card Law stipulates that resident identity cards should be filled in with standardized Chinese characters and numerical symbols that comply with national standards.

C is a left half-moon symbol. As a standard symbol, it is universal in the world and fully conforms to the characteristics of digital symbols prescribed by our country.

The appellant claimed that the name Zhang C conflicts with my country's universal language and characters laws. However, regarding the matter of resident identity cards, it is obvious that this case should be interpreted using the laws and regulations related to resident identity cards.

What's more, the National Common Language and Character Law stipulates that Mandarin and standardized Chinese characters are the common language and characters in our country, but it does not stipulate that we must use the common language and characters on our ID cards.

Just like the ID cards for many of us. "

Speaking of this, Zhang Guangzhi even took out his ID card from his pocket:

"This is my ID card. The last digit of my ID number is Can't use it either?

But I don’t need to tell you that everyone knows that there are definitely not a few people with X in their ID numbers in our country.

Therefore, the inference made by the appellant based on the Universal Language and Writing Law is not valid.

Furthermore, I made it clear when the judge asked just now that although C is an English letter in the eyes of most people, it is also one of our Chinese Pinyin letters. Isn't the Chinese Pinyin letter not a Chinese character? "

Ok?

The judges frowned in unison. They were still making sense of what they said before. Why is there something wrong with this last sentence?

“The respondent also mentioned that my country’s Resident Identity Card Law stipulates that resident identity cards must be filled in with standardized Chinese characters and numerical symbols that comply with national standards.

The appellee also mentioned that the Chinese Pinyin alphabet is the standard Chinese characters, but what I want to say is that the appellee’s understanding of the standard Chinese characters is biased. "

Ren Zhen started, and Zhang Guangzhi realized something was wrong.

It seems careless. The law enforcement branch of the first instance did not mention this last time. He won the first instance easily and did not check the regulations in this regard at all.

It seems like something serious is about to happen now!

"The standardized Chinese characters clearly defined in our country refer to the simplified characters and inherited characters that have been compiled and simplified and officially announced by relevant departments in the form of the "General List of Simplified Characters" and the "General List of Standardized Chinese Characters".

In other words, every standardized Chinese character in our country has a clear corresponding source in the above two tables. However, I looked through these two tables and could not find where the C involved in this case is.

The appellant also submitted copies of these two forms as evidence to the collegial panel before trial. If there are any objections, the appellee and the judges can look through them again. "

evidence?

After hearing this, Lu Guangchao realized that the appellant and the respondent had already started a round of court debate, and he, the judge, was somewhat out of control.

“Let’s show below the evidence submitted by both the plaintiff and the defendant in the first instance, which was all recognized by the collegial panel of the first instance.

The appellant submitted some additional evidence before this trial, and we will also display it together. If you have any objections to the evidence, you can raise it after the display is completed. "

Lu Guangchao was experienced and did not panic. Instead, he directed the clerk to start presenting the evidence.

Originally, there were not many changes in the evidence, so the presentation and cross-examination of evidence could be simplified appropriately. Anyway, the point of dispute in this case is not the evidence.

Evidence is just a weapon. What is more important is the conflict of views and different interpretations between the two parties.

The evidence of the first trial passed quickly, and Ren Zhen had already studied it carefully before the trial, and neither party had any objections.

When it was Ren Zhen's turn to present the additional evidence submitted, the speed slowed down slightly.

Zhang Guangzhi was really looking carefully at the two forms submitted by Ren Zhen. Of course, he knew that the possibility of finding "C" in them was zero.

But he still wanted to look. On the one hand, he was a little unwilling in his heart, and on the other hand, he was buying himself time to think.

He couldn't think of any way to refute Ren Zhen's objection to his opinion.

(End of this chapter)