As a Lawyer, You 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 is 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 focus on 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 protections.

However, elsewhere.

how to say.…

 Administrative cases basically involve administrative violations.

 Involving administrative violations, it may involve administrative interference in judicial outcomes.

 That’s why ordinary local lawyers are not willing to take on administrative cases.

 First of all, 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 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, it involves an administrative lawsuit.

 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 suspected of being beaten to death by a law enforcement agency.

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

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

 Then there is.

 Administrative cases are generally common cases where people sue officials.

 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 ruling.

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

This court trial allowed 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 the ball with each other.

 Let the individual parties file a lawsuit, and they may not even know which unit or department they should sue.

“Lawyer Su...this administrative case 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: "Yeah! 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, you can accept it.”

Hearing Su Bai's answer, Duan Liang was happy.

“That’s good! Once this administrative lawsuit is over, our Beidu branch’s acceptance rate of administrative litigation cases may be slightly improved.”

“The branch can also be more comprehensive in terms of development!”

"Um!"

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

"good!"

 The time when Duan Liang notifies the client to come to the law firm.

Su Bai briefly organized and analyzed this 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 are you suing like this?

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

 Severe diarrhea and other conditions occurred after eating the snack.

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

 Fortunately, I 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 impatient in this situation?

 When the party concerned approached the supermarket to ask for an explanation, the supermarket did not show any response.

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 person involved produced the 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 happened next 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 contacted these three departments in succession, but there was a situation where they kicked each other off.

Health department says:

“Food poisoning is indeed under the jurisdiction of the health department, but because the food has expired, it should be treated as if the food has expired, and let the person go to the food inspection department and the industrial and commercial administration department first.”

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

 Kick the ball again to deal with the person involved.

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

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

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

 Taking the supermarket and the administrative department to court together.

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

 It is now preparing to file another lawsuit.

 And there is another critical point during this period.

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

 His daughter was not the only one suffering from food poisoning, but there were 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 that it involves infants and young children, the harm is self-evident.

 The administrative department does nothing to deal with this kind of thing? !

 Is it a matter of inaction and inaction, or is it a matter of unwillingness to assume relevant responsibilities and deliberately shirking responsibility?

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

.

 ….

 In the office of Beidu Branch.

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

 “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 have found many lawyers for this case, and many lawyers are unwilling to take on such a complex administrative case.”

"There is no other 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."

 “And so it came.”

“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 China.”

 “Thinking of trying it at 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: "Without 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 actual situation of eight or nine children suffering from food poisoning in this case.

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

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

 Children are suspected of food poisoning, and it is a mass epidemic.

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

 And it has already involved a very serious situation!

 Ireregardless of anything else, submit a report to the health department based on the existing food poisoning situation.

 Still kicking the ball in this situation?

 This is nonsense!

 What if something really happened?

 If something happens, it may be comparable to a major case.

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

“During the first instance of the case, did you mention that there were as many as eight or nine children suffering from food poisoning?”

“Or, after learning that there were so many children suffering from food poisoning, did supermarkets and other parties do anything?”

 “Informed!”

“Not only informed me about 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 has involved issues of food expiration and food safety, but has not been dealt with accordingly.

This already involves illegal situations, right?

“What is the attitude of other parents in this case?”

Su Bai asked another key question.

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

 “Lawyer Su.”

“There is really no other solution in this case, so we have to do this as a last resort.”

"Hmm..." 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 were afraid of causing trouble, and they all said that if they went in again, the consequences would not be worth it, so they just had to be patient and get over it.”

“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 testify in court or produce evidence of food poisoning, is there no problem?”

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

“Then you didn’t conduct administrative review before filing the lawsuit?”

“Administrative review? It has been filed, but the response given by the administrative review still follows the template.”

 “It’s of no use.”

"okay."

 Su Bai talked with Xiao Pingjun about the general situation.

We also learned that this case took place in Jin City, which is close to Beidu.

 The first instance hearing is held at 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 investigated, and 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 on the side, Su Bai smiled and nodded:

 “Well, for sure!”

"but.…"

“When this case was originally litigated, Xiao Pingjun’s application for administrative review was rejected because he did not describe the situation of so many people suffering from food poisoning.”

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

“Otherwise, when the court comes, we still have to go through the relevant procedures.”

 “Oh, good Lawyer Su.”

Li Xuezhen nodded.

 Following that, Su Bai asked Xiao Pingjun to review 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.

  Relevant departments order the department to which the complaint was made to handle the reported incident.

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

but.…

This time Xiao Pingjun received the reply - "Rejection of Administrative Reconsideration Letter"

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

Su Bai was stunned for a moment after hearing 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, industrial and commercial and food supervision departments interviewed the person in charge of the supermarket.

  There is no inaction in the review content.

 Seeing this reply, Su Bai really felt that this was deceiving people.

 What does this TM say?

Is interviewing the person in charge of the supermarket equivalent to doing something?

 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.

 Apply corresponding penalties to supermarkets.

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

 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: "Yeah!"

 “However, one more defendant must be added to the lawsuit.”

 “Add one more?”

 “Reconsideration unit.”

Li Xuezhen:? ? ?

 Reconsideration 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)