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

Chapter 237 The verdict is about to come out, can this still be reconciled?

"What should we do now?"

Facing Lu Guangchao's question, the other two judges also fell silent.

Interpreted from different angles, you will get different conclusions.

No matter which party wins the case, it can be said that it makes sense, but neither side seems to be very practical. The judges are in a dilemma.

"This is the handling opinion that the dean gave me before the court session today."

Lu Guangchao was silent for a while, then took out a folded document from his arms:

“This is the reply given by the Provincial Law Enforcement Department after asking for instructions from the Law Enforcement Department.

I didn't present it originally because I didn't want to affect everyone's judgment, but now that the opinions have been expressed, we can refer to them when we make the final decision. "

After reading the contents of the document, Du Hongzhi and Tian Yining looked at each other.

"Then there's nothing more to say. Originally, we had the intention to impose this sentence, but there was no particularly good reason. If the Law Enforcement Department has this opinion, I don't think we need to worry about it anymore."

Du Hongzhi's words made Tian Yining shake his head: "Although it is an approval from the Ministry of Law Enforcement, in essence this document is just an internal handling opinion and can only be used for our reference. In fact, it has no legal effect.

It is definitely not possible to use this directly as the basis for judgment. I think a stronger basis must be used to make a judgment. "

"There really isn't a problem. If there is, we don't have to worry about it."

Du Hongzhi was also very depressed.

"It would be nice if they would reconcile."

Lu Guangchao sighed: "If this matter can be handled without going through the hands of the court, we don't have to worry about it, and the subsequent impact of this matter on all parties will be minimized."

"But they talked about it during the first trial, and neither side was willing to give in."

Tian Yining shook his head: "If we can reconcile, we won't have to appeal to our court."

"Then don't tell me, it's really not certain."

Du Hongzhi suddenly reacted: "If there was no reconciliation during the first trial, it goes without saying that the Jianming District Law Enforcement Branch would not be able to open up the matter, and there would definitely be no reconciliation.

However, Zhang C and his father did not want to reconcile because they felt it was reasonable. During the trial, the defendant did not give any strong and reasonable response.

But today is different. The lawyer from the Jianming District Branch spoke clearly and clearly. I guess Zhang C’s father is worried now. If I suggest they reconcile now, maybe he will agree. "

"The court cannot mediate administrative cases."

Tian Yining pointed out that the premise they assumed was not valid: "And the result of the settlement is the same as the result of losing the lawsuit. They both require Zhang C to change his name. Can Zhang Guangzhi agree?"

"We can't mediate, but we can explain the pros and cons to them and let them make their own choices."

Lu Guangchao is obviously already thinking about the feasibility of this plan: "Although the result of settlement is the same as the result of losing the lawsuit, this result is relative to Zhang C.

As for Zhang Guangzhi, he is a smart man. If he thinks there is a high probability that he will lose the lawsuit, do you think he will agree to settle?

Getting a result through settlement is the same as getting a result through losing the lawsuit. For a lawyer, it should be different, right? "

Du Hongzhi and Tian Yining looked at each other: "Then, how about calling them over to try?"

"Then try it!"

Lu Guangchao made the decision.

The live broadcast of the trial disappeared and was replaced by two lines of large characters on the screen.

[As both parties actively proposed mediation, the live broadcast of the court hearing in this case has been suspended]

Netizens who were watching the trial online were confused.

Why did this suddenly disappear?

"Damn, I thought my computer was broken."

"Can the live broadcast of the trial be suspended?"

"This has already reached the second trial, and they are still willing to mediate?"

"No, it looks like a verdict is about to be issued. Is it possible to mediate?"

"Theoretically, as long as both parties agree, even if the judge's ruling has been written, mediation is still possible."

"It's not because the judges don't know how to sentence, so they showed us this scene to fool us, right?"

"That's probably not the case. Didn't the court adjourn just now? Did the judges go out to discuss the verdict? If they hadn't taken the initiative to mediate, the judges would have issued a verdict."

"I guess Zhang C's lawyer is scared. Until the end of the trial, the situation was quite unfavorable for Zhang C."

"Mediation?"

Upon hearing the judge's suggestion, neither the appellant nor the respondent reacted for a moment.

"Yes, mediation."

Lu Guangchao nodded: "Logically speaking, mediation is generally not applicable in administrative litigation. We judges cannot use mediation to settle administrative cases.

However, this does not affect the fact that we handle the case through mediation. That is to say, if you both agree, we can sit here and discuss it and come up with a plan to digest the matter outside the court. It is best not to pass a judgment. Let's solve this matter. What do you think? "

"I disagree!"

Zhang Guangzhi reacted immediately. After the court debate, he originally felt that he was at a disadvantage, but now it seems that is not the case?

If the judges were planning to rule against me, why would they ask us to mediate?

It must be that they intend to judge the law enforcement bureau to lose, but they are afraid that the law enforcement situation will be difficult to survive, so they asked us to mediate!

Zhang Guangzhi felt that he had figured out the joints and immediately refused.

Although I don’t know why, since I can win according to the verdict, why should I mediate?

It has to be said that as a lawyer, his thinking would be totally fine under normal circumstances, but today's situation is different.

"You don't agree? We don't agree anymore!"

Seeing Zhang Guangzhi's attitude, Wang Suning immediately expressed his unwillingness to mediate.

Just kidding, we have an advantage in the first place. Lawyer Ren also said just now that the judge will most likely decide that we win, but the basis for the decision may be somewhat flawed.

Now that the judge has given you a chance to step down, you are still unwilling to do so.

"Don't rush into arguing. Just listen to what I have to say."

Lu Guangchao spoke helplessly.

He knew that there would not be too big a problem on Wang Suning's side. Whether it was a settlement or a verdict, it was the same for their Jianming District Law Enforcement Branch. What they care about is not winning or losing this lawsuit, but to nip the use of English letters in names in the bud and avoid more such situations.

As long as Zhang C can change his name, the process is not important.

Therefore, the focus of persuasion still has to be on Zhang Guangzhi.

"Lawyer Zhang, this is the situation now. Please listen to me."

Lu Guangchao knew that his suggestion to let them mediate would definitely cause Zhang Guangzhi to misunderstand something:

"First of all, let me tell you the preliminary discussion results of several judges of our collegial panel. If we are to make a ruling, your side will most likely lose the case."

Zhang Guangzhi's expression changed instantly.

If the judge had said this to him at any other time, he might have thought that the judge was trying to scare him with losing the case, and he might even file a complaint after leaving this court.

But the trial was over, and the court debate was in such a situation at the end. He knew that the judge was telling the truth and had really told him the truth.

"And there is another situation. We knew about it early today, but we haven't told you yet."

Lu Guangchao took out what he had just shown to the other two judges and handed it to him:

"This is about Zhang C. Our D City Law Enforcement Bureau requested instructions from the Provincial Law Enforcement Department. After the Law Enforcement Department put forward handling opinions, to be cautious, we also asked the Law Enforcement Department in writing specifically for this matter, so can you It can be seen that departments at all levels are very concerned about this matter.

The opinion approved by the Ministry of Law Enforcement is that according to the legislative spirit of the Resident Identity Card Law and the National Common Language and Writing Law, the name column on our ID card should be filled in with standard Chinese characters.

If the law enforcement agency finds that the permanent resident registration form or household registration form is not filled in with standard Chinese characters, it should ask the person to help make corrections.

This approval was not presented before so that our court hearing could proceed smoothly, including my two colleagues. I only showed this to them after the court adjourned just now.

Now that the trial is over, you have heard the opinions raised by the Law Enforcement Bureau in the court, and you have also seen the approval from the Law Enforcement Bureau.

That’s why we suggest that, if you are willing, you can negotiate with the appellant. If you can handle this matter yourself, our court will not rule. It will be good for both of you. What do you think? "

"Even if it is an approval from the Department of Law Enforcement, it is only the opinion of the Department of Law Enforcement. It is not a formal legal document and has no legal effect."

After Zhang Guangzhi read it, he still stiffened his neck and said this.

"It would be boring if you said this."

Lu Guangchao's tone became colder. If you still don't listen to me, you have to let us judge, right?

I have already said that you will lose in the judgment, so why are you so stubborn?

"Lawyer Zhang, regardless of the Ministry of Law Enforcement's approval, do you think you can win the case?"

Ren Zhen came over and said something at this time.

Zhang Guangzhi hesitated.

In fact, even if Lu Guangchao hadn't said it just now, based on Ren Zhen's refutation of his views, he knew that there was a high probability that he would not be able to win.

In fact, he was almost convinced by Ren Zhen. When he registered the name Zhang C for his son, he can now basically conclude that it was a mistake by the staff back then.

The Law Enforcement Bureau should have corrected wrong administrative actions. As for the analogy between What name did Zhang C change?

He said these two words now because he heard the judge asked them to mediate. His professional habits made him hesitate a little bit.

Ren Zhen's reminder made Zhang Guangzhi realize the reality instantly.

"Then if the appellant is willing to mediate, then let's mediate."

Zhang Guangzhi sighed: "The child himself can't accept it the most when his name has been changed for so many years, and I don't want to make the child feel uncomfortable."

"This was a mistake on our part. On behalf of the Jianming District Law Enforcement Branch, I apologize to you and your children."

Wang Suning also stood up at this time, "But if we make mistakes in our work, we must make corrections.

As a lawyer, you should know this.

In order to express our apology, we will send dedicated personnel to deal with the subsequent procedures related to Zhang C's name change as soon as possible. The entire cost of this name change will be borne by our Jianming Law Enforcement Branch. "

"Then adjust it, adjust it. I don't even know how to explain it to the child when I get back."

Zhang Guangzhi felt helpless and looked at Lu Guangchao: "Judge, how should this be adjusted?

Your court can't come up with a mediation agreement, so what's going on with today's court session? "

"This is easy to handle."

Seeing that both parties had basically reached an agreement, Lu Guangchao breathed a sigh of relief: "The appellant will withdraw the appeal first, and our court of second instance will immediately agree to withdraw the lawsuit.

Then the appellee reached an agreement with the appellant and agreed to change Zhang C's name. We will issue a ruling to revoke the first instance judgment and ask the Law Enforcement Bureau to handle the name change procedures and ID cards for you as soon as possible. What do you think? Sample? "

"We have no problem here."

Wang Suning immediately expressed his stance.

"Then let's do it."

At this point, Zhang Guangzhi couldn't help but disagree.

After leaving the court, Wang Suning grabbed Ren Zhen's hand: "Lawyer Ren, I really found the right person this time, thanks to you!"

"It is as it should be to eat the king's salary."

After shaking hands with him, Ren Zhen smiled and said: "The issue of using English letters as names is indeed not clearly stated in the existing legal regulations. In the early years, computer systems were not popular, so it was normal to make mistakes when writing by hand.

In fact, your strategy was wrong in the first trial. As long as you admit your mistakes generously and grasp the point of correcting your mistakes, this matter may be over in the first trial. "

"You're right. You're right."

Wang Suning nodded repeatedly: "It is true that your lawyers are still specialized in litigation. This time has really changed my view of you lawyers!"

"Hahaha, next time I go to your Jianming District branch to handle a case, I hope you can still say this when you see me."

Ren Zhen made a little joke.

"That's different. My opinions about your lawyer are my personal opinions. Your handling of the case is a business matter and cannot be mixed up."

Wang Suning also laughed: "This time, even the Law Enforcement Department knows about this. I estimate that there will be special regulations on this issue soon, and this situation should not happen again in the future.

But what you said during the trial was quite right. If Zhang C is allowed to continue to use this name, there is no chance that he will use other weird words as his name in the future, and that would be a mess.

However, the population information management system across the country needs to be overhauled. This not only has to take into account costs, but there will definitely be problems in management. "

Ren Zhen nodded silently. This was actually a major influencing factor in the judge's decision to mediate.

In some special cases, judges have to do more than simply judge right and wrong. Sometimes, they must jump out of this surface-level entanglement, see the essence of the problem, and solve the problem from the root. Only then can the case be realized. The unification of legal effects and social effects.

(End of this chapter)