As a Lawyer, You Sent the Judge In? Chapter 105

 Chapter 105 The final verdict! (With explanation, must read)

soon.

 An hour passed quickly since the adjournment was announced.

 The court will be held again.

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

 At the seat of the presiding judge.

Presiding Judge Bai An made a circle and struck the gavel.

 Dong dong dong!

 “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.”

“After the court hearing has finished discussing whether to apply for cancellation of the administrative penalty imposed by the litigant, and the three parties have completed their presentations, 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.”

 Dong dong dong!

 “Both parties have no objection.”

“Then the trial of the litigant's application to revoke the administrative penalty of the water management station will begin.”

 Dong dong dong!

"Litigation party, based on the lawsuit application you submitted, you stated that the water management station violated the administrative law. Do you have any substantive evidence or explanation of legal provisions?"

 “There is a chief judge.”

Su Bai spoke slowly, then took out a piece of litigation material and said slowly: "According to the judgment of first instance, we will be 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, and 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. Anyone who builds a bridge without the approval of the water administrative department or the competent department and constructs it in violation of regulations shall be subject to an administrative penalty of not less than 10,000 yuan but not more than 100,000 yuan.”

“I would like to ask the lawyer of the party being sued 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 yuan but not more than 100,000 yuan.”

"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 to state: “According to the relevant provisions of Article 65 of the Water Law.”

“If you build a bridge without the consent of the water administrative department or the competent water department, you will be ordered to dismantle the bridge or submit relevant procedures to complete it.”

“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 dismantling a bridge, which is to complete the relevant procedures.”

 “Based on the evidence submitted by us.”

"We have submitted relevant procedures to the relevant departments many times, but 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 was immediately silent.

This is indeed a problem.

 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 court hearing, he retracted 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 live broadcast of the court hearing. Under this situation, it is definitely better to say as little as possible.

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

 Dong dong dong!

 After Su Bai finished his statement.

Presiding judge Bai An banged the gavel and looked at Meng Haiyang who was sitting at the defendant's seat.

 “The party being sued, does it need to defend or make a statement?”

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

 Dong dong dong!

Faced with Meng Haiyang's statement, the presiding judge Bai An banged the gavel.

 “Based on the statements of both parties to the litigation.”

 “Now we will summarize the following disputes.”

“1: Whether the party being sued has violated the administrative penalty regulations.”

“Two: Whether the party being sued has given notice of administrative penalties in place.”

“The litigant is Zhang Laidong.”

“Have you received the notification 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 order, but I made rectifications according to the other party's requirements and applied for relevant procedures, but I did not receive a response or approval."

“Then you were notified three times. How long was the interval between them?”

 Presiding judge Bai An asked again.

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

 Dong dong dong!

 The gavel struck.

“The administrative litigation is now filed against the litigant, and questions are asked of the party being sued.”

“Whether the respondent has received Zhang Laidong's approval application.”

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

 “How many times?”

 “Three times.”

 Dong dong dong!

 “Ask 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."

 Dong dong dong!

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

 Administrative litigation against Yu Su Bai's application.

 At present, there are basically no major problems.

The water management station has violated the relevant penalty regulations. What now 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 factual basis for this case?”

 Hearing this sentence, all three parties realized that it was time to make a final court statement.

Su Bai: "No objection."

Mo Xiao: “No objections and no additional content.”

Meng Haiyang: “No objection, no additional content.”

 Dong dong dong!

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

   “Now let the litigant make a court statement.”     “Okay, the presiding judge.”

Su Bai took a deep breath, and then said: "President, our court statement is as follows:"

“We have no objections to the prosecution accusing us of illegally building a 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 speaking…”

“Our actions do not affect 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 in the seat of the sued party.

 “Ask the prosecutor to make a court statement.”

 “A 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 judgment should be upheld and Zhang Laidong should be sentenced to provoking quarrels and provoking trouble.”

“Presiding judge, our court statement has been completed.”

 Dong dong dong!

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

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

“We also ask the respondent, the water management station, to entrust a lawyer to make a court statement.”

 “A good judge.”

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

“It is a fact for the party involved, Zhang Laidong, to illegally build a bridge. The evidence and facts show that Zhang Laidong is indeed illegally building a bridge to make money. The relevant departments are justified in punishing him.”

 “I hope the court will take this factual basis into consideration.”

“Presiding judge, we have finished our statement.”

 After all three parties have completed their presentations, the presiding judge Bai An.

　　咚! Boom! Boom!

 The hammer was struck!

 “The three parties' statements have been completed.”

 “Let's announce the results of the trial now!”

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

 Everyone at the court hearing stood up.

The most nervous person at the trial was Zhang Laidong, with nervousness written all over his dark face.

 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 the 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.

 Dong dong dong!

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 court 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 and sentenced him to six months' imprisonment for picking quarrels and provoking trouble.”

“Those who are not satisfied with the administrative penalty shall file a lawsuit and the cases shall be consolidated and tried concurrently.”

“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 litigation claims raised by the litigants shall be determined.”

“1: 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 prosecution does not have sufficient grounds to prove and accuse the client Zhang Laidong of committing the crime of picking quarrels and provoking trouble.”

"Right now!"

“The first-instance judgment is revoked and Zhang Laidong is found not guilty!”

“Two: File a protest against the administrative penalty against the litigant.”

“The respondent violated the administrative penalty management regulations, and the penalty imposed on Zhang Laidong was inappropriate. Since the administrative penalty was illegal, it is hereby revoked. The administrative penalty imposed on Zhang Laidong!”

“The administrative penalty imposed on Zhang Laidong in the first instance will not be pursued.”

“At the same time, the relevant departments shall no longer pursue administrative penalties against Zhang Laidong!”

“Three: 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 a bridge. The evidence is conclusive and the parties concerned 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 litigation claims against the party being sued 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 may 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 closing of the court session.”

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

 “Closed court!”

　　With the solemn voice of the chief judge Bai An, he fell.

 The trial is over!

Hearing the voice of the presiding judge fall, Zhang Laidong's nervousness was finally released…

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

 PS: Please give me a monthly ticket~

Let's talk ~

　　　In this case, I saw that the quarrel was too loud.

　　　First of all, why did you choose this case?

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

When I first saw this case, it wasn't on the hot search list yet. I just felt that this case was very special and consistent.

I read the verdict and 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 exploded on a short video.

There were also many big lawyers who spoke out. I was so panicked at the time that I was afraid that something would go wrong in my writing.

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

Next.

There are all kinds of things said on the Internet, which are scary to death, but according to the official notification and what is said in the judgment, it is indeed provocation 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 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 judgment.

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

 (End of this chapter)

Chapter end