You became a lawyer and sent the judge in?

soon.

An hour passed quickly since the adjournment was announced.

Court begins again.

After all the clerks stood up, the three members of the collegial panel entered the court hearing again.

In the seat of the presiding judge.

The presiding judge Bai An circled around and knocked the gavel.

Boom, boom, boom!

"The court will now continue."

"Respective statements for the litigants and prosecutors."

"The collegial panel has already discussed the issues expressed by both parties."

"The discussion between the litigant and the prosecutor on whether Zhang Laidong is suspected of provoking quarrels and provoking trouble is now suspended."

"When the court hearing is completed and the three parties have completed their presentations on whether to apply for cancellation of the administrative penalty imposed by the litigant, the final judgment will be made."

"Do both parties have any objections to this?"

Su Bai: "We have no objection."

Mo Xiao: "We have no objection."

Boom, boom, boom!

"Both parties have no objections."

"Then the trial will begin on the litigant's application to revoke the administrative penalty imposed on the water pipe station."

Boom, boom, boom!

"Litigator, based on the lawsuit application you submitted, you stated that the water management station violated the administrative laws. Is there any substantive evidence or explanation of legal provisions?"

"There is a presiding judge."

Su Bai spoke slowly, then took out a piece of litigation material and said slowly: "According to the first instance judgment, we were fined 300,000 yuan."

"We believe that the application of the regulations is inappropriate."

"In the first instance, as for the fine of 300,000 yuan, according to the evidence, the administrative penalty of the water management station was to order us three times to demolish and construct the bridges we built. This was the reason for giving us the maximum penalty."

“The laws and regulations on which the punishment is based are based on Article 65 of the Water Law, which builds bridges without the approval of the water administrative department or the competent department and violates regulations. Those who do not change the order shall be divided into administrative penalties of not less than 10,000 but not more than 100,000.”

"I would like to ask the lawyer of the defendant, whether this matter is true?"

Meng Haiyang nodded slightly: "This matter is true."

"According to Article 65 of the Water Law, if Zhang Laidong fails to change his order, he will be punished with a fine of not less than 10,000 but not more than 100,000."

"Um!"

Su Bai nodded slightly.

"Then I would like to ask, lawyer of the party being sued, what is the basis for the administrative penalty you applied for? Is it because we ordered you not to change it?"

"Yes, I will not change my order."

Meng Haiyang nodded slightly.

"OK, thanks."

Su Bai continued: "According to the relevant provisions of Article 65 of the Water Law."

"Anyone who builds a bridge without the consent of the water administrative department or the competent water department shall be ordered to dismantle the bridge or submit relevant formalities."

“Otherwise, a fine of not less than 10,000 yuan but not more than 100,000 yuan shall be imposed.”

"Didn't Lawyer Meng read Article 65 of the Water Law or the following related content?"

"There is another sentence behind the demolition of the bridge, which is to complete the relevant procedures."

"Based on the evidence we submitted."

"We have submitted relevant procedures to the relevant departments many times, but we have not received any response or approval. However, the relevant departments have issued three orders to us in a row, each time with a maximum penalty. Is this appropriate?"

"That is, we have determined that the administration violated the Administrative Penalty Law. Is there any problem?"

Faced with Su Bai's inquiry.

Meng Haiyang fell silent.

This is indeed problematic.

According to administrative penalties, relevant departments or units are not allowed to impose relevant administrative penalties on the same unit or operation multiple times in a row, and the other party must be given a certain amount of time to make corrections.

but

The relevant departments for completing the relevant procedures did not respond.

It is indeed their responsibility.

There is no doubt about this.

Meng Haiyang took a deep breath and prepared to rebut, but when he thought that this was a live broadcast of the trial, he took back his rebuttal.

After a few seconds of silence, he simply fell silent.

If you lose the case, you lose the case, but if you say the wrong thing, the nature will change.

Su Bai stared at Meng Haiyang.

As for administrative litigation, during the court hearing, the other party does not occupy the legal provisions after all.

especially.

The current situation is still a live broadcast of the court hearing. In this case, it is definitely necessary to say as little as possible.

Therefore, it is not too difficult to revoke the administrative penalties imposed by the administrative department.

Boom, boom, boom!

After Su Bai finished his statement.

The presiding judge Bai An banged the gavel and looked at Meng Haiyang at the seat of the sued party.

"Does the party being sued need to make any defense or statement?"

Meng Haiyang took a long breath: "We believe that there is indeed a situation where the litigants refuse to change when ordered to do so. This matter does exist."

Boom, boom, boom!

Facing Meng Haiyang's statement, the presiding judge Bai An struck the gavel.

"Based on statements from both parties to the lawsuit."

"Now we will summarize the following disputes."

"1: Whether the party being sued violated the administrative penalty regulations."

"Two: Whether the party being sued has notified the administrative penalty in place."

"The litigant is Zhang Laidong."

"Have you received the notice and order from the party being sued and have you gone through the application process?"

Facing the questioning of the presiding judge.

Zhang Laidong took a deep breath and said slowly: "I received the notice of the order, but I made rectifications according to the other party's requirements and applied for relevant procedures, but I did not get a response or approval."

"Then you were notified three times. How long was the interval?"

The presiding judge Bai An asked again.

Zhang Laidong thought for a few seconds and then said: "The interval should not exceed one year."

Boom, boom, boom!

The gavel struck.

"We are now asking questions about the administrative litigation filed by the litigant."

"Has the respondent received Zhang Laidong's approval application?"

Meng Haiyang took a deep breath: "Yes, I accepted it."

"several times?"

"three times."

Boom, boom, boom!

"Inquiry completed."

"Does the respondent have any objection to the litigant's accusation that you failed to pass or respond to Zhang Laidong's approval application?"

"No."

Boom, boom, boom!

After asking about the entire situation and reviewing the corresponding evidence, Bai Anxin already made a decision.

Administrative litigation filed against Yu Subai.

At present, there are basically no big problems.

The water management station violated the relevant penalty regulations, and now what needs to be determined is how much punishment is appropriate.

After clarifying these relationships.

Bai An banged the gavel again.

"Do the parties have any additional or factual basis for this case?"

After hearing this sentence, all three parties realized that it was time to make their final court statement.

Su Bai: "No objection."

Mo Xiao: "No objections and no additional content."

Meng Haiyang: "No objection, no additional content."

Boom, boom, boom!

"All parties have no objections to this case, and now the final court presentation by all parties will begin."

"The litigants are now invited to make court presentations."

"Good judge."

Su Bai took a deep breath and then spoke: "Presiding judge, our court statement is as follows:"

"We have no objections to the prosecution accusing us of illegally building the bridge."

"But regarding our charge of provoking quarrels and provoking trouble, we believe that our original intention is good and there is no coercion."

"and."

"According to the evidence provided by us, our bridge construction has indeed helped the villagers to travel more conveniently, and there has been no forced expropriation or expropriation."

"Essentially..."

"Our behavior does not constitute an impact on social order, and we ask the presiding judge to consider this aspect."

"at the same time."

"In the face of administrative penalties, we believe that the fault lies in the fact that the administrative penalties are illegal."

"This is also the reason why we were fined 300,000 yuan."

"That is, we apply to have our administrative penalty revoked."

"Presiding Judge, we have finished our statement."

After Su Bai finished his statement, the presiding judge Bai An turned his attention to the prosecutor Mo Xiao, who was the party being sued.

"Please ask the prosecutor to make a court statement."

"Good judge."

Mo Xiao briefly organized his statement materials and then spoke.

"Presiding judge, our court states as follows:"

"We believe that the party involved, Zhang Laidong, has a legal factual basis for bridge construction tolls."

"The litigant cannot provide sufficient evidence to prove that the party involved, Zhang Laidong, did not cause trouble or disrupt social order."

"We believe that the first instance verdict should be upheld and Zhang Laidong should be sentenced to provoking quarrels and provoking trouble."

"Presiding Judge, our court statement has been completed."

Boom, boom, boom!

After Mo Xiao's court statement ended, Bai An sounded the hammer.

And turned to look at Meng Haiyang, the party being sued.

"We also ask the defendant, the water pipe station, to entrust a lawyer to make a court statement."

"Good judge."

Meng Haiyang nodded slightly, and then said: "Presiding judge, our court statement is as follows:"

"It is a fact that Zhang Laidong, the party involved, illegally built the bridge. The evidence shows that Zhang Laidong did illegally build the bridge to make money. The relevant departments are justified in punishing him."

"We hope the court will take this factual basis into consideration."

"Presiding Judge, we have finished our statement."

After all three parties made their statements, the presiding judge Bai An.

Boom! Boom! Boom!

The hammer was struck!

"The three parties have completed their presentations."

“Now let’s announce the results of the trial!”

Clerk: "Everyone stands up and asks the presiding judge to announce the outcome of the trial."

Swish, swish, swish.

Everyone at the court hearing stood up.

Among them, the most nervous person at the court hearing was Zhang Laidong, whose dark face was full of nervousness.

After all, this sentence is very important to him.

It doesn't matter what he is like, the most important thing is not to influence his children because of himself.

Zhang Laidong held his breath tightly and focused his gaze on Su Bai.

Su Bai smiled slightly and nodded, signaling him not to be too nervous.

As for the verdict of this court, at present, there are no big problems.

Boom, boom, boom!

The sound of the hammer sounded at the court hearing, and everyone's attention fell on the presiding judge Bai An.

Bai An's eyes were fixed on the trial materials he held in his hands, and he slowly read out the trial results.

"The reason for this case is that Zhang Laidong, the litigant, refused to accept the first-instance judgment, which found him guilty of picking quarrels and provoking trouble and was sentenced to six months in prison and filed a lawsuit."

"If you are not satisfied with the administrative penalty, you will file a lawsuit and the case will be jointly tried."

“The laws applicable to this court’s jurisdiction over this case shall all be in accordance with domestic laws.”

"The result of the trial will be announced below."

"After research and determination by the collegial panel, the lawsuit claims raised by the litigant."

"One: The litigant filed a motion to revoke the first-instance judgment, finding that there was no strong evidence in the first-instance judgment to prove that he was provoking quarrels and provoking trouble."

"The current verdict is as follows:"

"The prosecutors do not have sufficient grounds to prove and accuse Zhang Laidong of committing the crime of picking quarrels and provoking trouble."

"Right now!"

"The first-instance verdict is revoked and Zhang Laidong is found not guilty!"

"Two: File a protest against the administrative penalty against the litigant."

"The party being sued violated the administrative penalty management regulations, and the penalty imposed on Zhang Laidong was inappropriate. Since the administrative penalty was illegal, it is now revoked. The administrative penalty imposed on Zhang Laidong!"

"The administrative punishment imposed on Zhang Laidong in the first instance will not be pursued."

"At the same time, the relevant departments are sentenced to no longer pursue administrative penalties against Zhang Laidong!"

"Third: The party being sued violated the administrative penalty management regulations and needs to make a public apology to Zhang Laidong."

"but!"

"Zhang Laidong illegally built the bridge. The evidence is conclusive and the parties have no objection."

"Right now!"

"Judgment! Zhang Laidong needs to negotiate with relevant departments!"

"The court will not hold Zhang Laidong responsible for the time being."

"All the claims filed against the respondent are dismissed!"

"According to the provisions of my country's Procedural Law, if the party being sued determines that there are any problems or questions about the ruling, it can file a review and supervision with the relevant unit, or file a request for retrial."

"The judgment will be sent to both parties within ten days of the court closing."

Boom!

The dull sound of the court fell and surrounded the trial scene.

"Closed court!"

With the solemn voice of the presiding judge Bai An.

The trial is over!

Hearing the voice of the presiding judge fall, Zhang Laidong's nervous mood was finally released...

There was a trace of excitement on the dark face...

PS: Please vote for me~

Let’s talk~

In this case, I saw the arguing was too loud.

First, tell me why you chose this case?

I originally wanted to write about the crime of picking quarrels and provoking trouble.

When I saw this case, it had not been trending yet. I just thought that this case was very special and consistent.

After reading the verdict, I decided to write this.

(I really don’t mean to follow the hot search, I would rather not follow this hot search~)

Then when I decided to write about this case and had already written it, the case suddenly went viral on a certain short video.

There were also many big lawyers who spoke out, and I was so panicked that I was afraid that something would go wrong if I wrote about it.

Of course, the content of the novel has been processed in detail.

then.

There are all kinds of things said on the Internet, which are scary to death, but according to official reports and what is said in the judgment, it is indeed provoking trouble and there are no other major problems.

As for what is said on the Internet, my suggestion is not to read it for the time being.

Although some of them are reasonable and well-founded, the court's judgment says so.

pick a quarrel.

If there are other circumstances, the court's judgment is definitely not like that.

Anyway, everything is said on the Internet, and everyone mainly focuses on the verdict.

If it’s specific, let’s discuss it individually~

I won’t write this kind of thing again, I’m sorry~