You became a lawyer and sent the judge in? - Chapter 461

c458 Wrong vulnerability? The basis for the presiding judge’s rejection.

On the judgment seat.

As the presiding judge, Zhang Mengwei had known about Su Bai’s statement of claim for a long time.

Because of this case…

During the processing period, and during the appeal of the charges.

No matter which angle you look at it, there are only two important accusations.

That is to say, the two points stated by Su Bai are infringement of the right to name and infringement of the right to education.

Zhang Mengwei sorted out the relevant materials and made a rough summary of these two points in his mind.

Then he looked at the defendant.

“Does the lawyer appointed by the defendant have anything to say about what the plaintiff accuses the defendant of, or is there anything that needs to be rebutted?”

This time the defendant only appeared in court with its attorney.

As Ye Meizhen’s attorney, he is also Zhou Shi’s well-known lawyer in civil litigation.

Zhou Liang is very familiar with the trial process of Zhou City Intermediate Court.

And he also knows the local judicial environment very well.

Although the judicial environment is not bad, there will not be any serious unjust, false or wrongful convictions, serious judgment tendencies, etc.

However, it is very common for judgments to be biased and clearly favor the other party in accordance with the law.

One more thing.

What does the judgment mainly rely on?

The main reliance is on the presiding judge.

Wang Qirui made it very clear when he found their law firm and commissioned this trial.

That is, in this court hearing, there is no need to do too many things or make too strong a rebuttal.

You just need to look for some favorable conditions based on the other party’s evidence.

As long as you can refute the other party and have evidence, that’s all.

Don’t worry about the rest.

This shows what?

This clearly shows that Wang Qirui has already greeted him at the court.

It’s not too important for him, he just needs to make a formal statement according to the usual court hearings.

Thinking of this, Zhou Liang opened his mouth to make a statement:

“presiding judge.”

“We don’t have much objection to the infringement of the right of name proposed by the plaintiff.”

“But we disagree with the amount of compensation.”

“The amount of compensation proposed by the plaintiff, more than 120,000 yuan, is too high.”

“In terms of name rights, our client Ye Meizhen used the name Liu Wenya to receive her own labor income.”

“I just used Liu Wenya’s name and did not use this name to generate any benefits.”

“In other words, the labor remuneration Ye Meizhen received was all based on her own labor.”

“Here, we are willing to compensate the plaintiff for the cost of infringement of the right to name of 5,000 yuan.”

“We do not accept the amount of more than 120,000 yuan proposed by the plaintiff.”

“in addition.…”

“As the plaintiff puts it, the right to education is violated.”

“We believe this should be dismissed in court.”

“The specific reasons are as follows:”

“First of all, nine-year compulsory education ends in junior high school. After Liu Wenya graduated from high school, she was no longer protected by the nine-year compulsory education law.”

“In addition, regarding the violation of the right to education, the defendant does have practical evidence.”

“However, there is substantial evidence proving that our client Li Meizhen violated Liu Wenya’s right to education. This cannot be determined at trial.”

“Similarly, it is not possible in court to ask us to compensate the plaintiff.”

“Because this trial involves civil liability and is a civil case.”

“What is the right to education?”

“The right to education is the Constitution!”

“The Constitution and civil law are completely different. The plaintiff filed a civil lawsuit based on the contents of the Constitution, leaving us to bear the responsibility for the civil lawsuit.”

“This is completely unreasonable and unworkable.”

“So our application for rejection is based on the second item of the plaintiff’s statement.”

“The above is the content of our statement.”

Zhou Liang made a statement at the trial in accordance with the basic legal content.

The content of the statement is also very concise, that is, in the process of this case.

It was determined that compensation was required for infringement of the right to name, but the amount of compensation was only 5,000.

in addition.…

In return, the right to education is part of the constitution and should not bear civil liability or be subject to civil litigation. We applied to dismiss Su Bai’s lawsuit.

anyway.

What is the situation described by Zhou Liang?

What kind of specific content is there?

There is something very interesting here.

That is, if we look at the situation stated by Zhou Liang, this case has formed a perfect closed loop that is beneficial to the defendant.

The plaintiff’s legal claims received no response.

——In this case, Lin Meizhen indeed violated Liu Wenya’s right to education.

But in judicial cases.

Furthermore, the content of the Constitution and civil liability cannot be used to determine that Lin Meizhen violated Liu Wenya’s right to education in Article 2 of Su Bai’s lawsuit.

What to do?

Does that mean that the lawsuit application can only be dismissed?

According to this statement, does the defendant not have to bear any responsibility at all?

This means that although the plaintiff filed an appeal, he cannot be judged to be in this situation.

Even under the existing conditions, there is evidence that the defendant violated his legal rights to education.

Still unable to protect your judicial rights through judicial means?

Isn’t this nonsense?

The law is to protect the legal rights and interests of victims.

If we look at this situation, it involves the Constitution and cannot guarantee our own rights and interests.

Is this a vulnerability?

Having said that, in a situation like this, you need to understand one thing first.

Can the Constitution be used as the law for litigation?

In China, in theory, the law is actionable.

The constitution is the basic law of the country.

And the Constitution takes precedence over other laws, such as civil law, criminal law, administrative law, local management law, etc.

Where there is any conflict between the Constitution and other laws, the Constitution shall prevail.

But in practice, there have been no cases of constitutional prosecution.

The case of Liu Wenya.

At the beginning, what Su Bai thought was simple was that he determined that the situation involved in this case was not complicated.

The difficulty is that this case involves constitutional issues regarding the right to education.

The defendant can use this to achieve the purpose of rebuttal.

But since the constitution can be sued under domestic regulations.

Then it is reasonable to violate the constitution and bear civil liability!

However, there is no precedent in the country!

Otherwise, according to the defendant’s legal statement, this case really involves legal loopholes!

Thinking of this, Su Bai said:

“We do not agree with the content of the defendant’s statement.”

“We believe that in this case, the constitution involved is indictable.”

“In that case…”

“Then why can’t we bear civil liability?”

“So regarding this point, we do not agree with the defendant’s statement.”

“One more point, what we want to state is that we determine that the defendant has violated the legal rights and interests of our client.”

“What does this have to do with the Constitution, civil law, and criminal law?”

“We did not elaborate too much on the civil liability arising from the judgment.”

“Speaking of this.”

“The situation stated by the defendant does not exist.”

“….”

The content and conditions stated by Su Bai this time were not many.

Because it involves the content of the Constitution, he even wanted to state too much.

There is nothing extra to state, only one point needs to be stated——

The constitution is prosecutable.

If the presiding judge agrees with such a view.

Then they can win the case and require the defendant to bear civil liability issues.

The presiding judge disagreed with this view.

They also won the lawsuit, but compared with before, the legal rights brought by winning the lawsuit were less.

The current situation is that it depends on how the presiding judge decides on the case.

On the judgment seat.

Zhang Mengwei, as the presiding judge, listened to the defense content of both parties.

Made simple arrangements.

Generally speaking, Zhang Mengwei is definitely more inclined to the content stated by the defendant.

First, let’s talk about the legal content.

According to the content of the law, there are no legal cases in China that use the Constitution as the prosecution and the Constitution as the main judgment.

He understood what Su Bai meant later. The general meaning was that the constitution was not required to be the judge.

It only requires Ye Meizhen to be found to have violated Liu Wenya’s legal rights.

But he couldn’t decide on this point.

Because Wang Qirui had already greeted him, his tendency must be towards the defendant.

about the circumstances of this case.

Zhang Mengwei already had a rough idea and result in his mind and banged the gavel.

Zhang Mengwei slowly raised his head: “The collegial panel is concerned about the circumstances involved in this case.”

“Make the following summary:”

“First, it is confirmed that the defendant Ye Meizhen violated the plaintiff Liu Wenya’s right to name.”

“Both parties have objections as to whether they should bear civil liability in situations covered by the Constitution.”

“Does the plaintiff and defendant have any objections to the summary?”

Su Bai: “No objection.”

Zhou Liang: “We have no objection.”

“Since both parties have no objection to the first point of infringement of the right of name.”

“Both parties also have objections to whether they need to bear civil liability for situations covered by the Constitution.”

“And the views of all parties have been stated.”

“The court made the following determination based on the statements made by both parties:”

“Judgment: Reject the plaintiff’s claim that Ye Meizhen violated Liu Wenya’s right to education.”

“Can all parties now provide detailed explanations on the amount of compensation?”

“Plaintiff, can you provide an explanation of the requested compensation amount of more than 120,000 yuan?”

Facing the presiding judge’s inquiry, Su Bai raised his hand:

“presiding judge.”

“We would like to ask the presiding judge why he rejected our lawsuit?”

“What we said in the statement just now was very clear.”

“Our lawsuit request is to determine that Ye Meizhen has violated the legal rights and interests of our client Liu Wenya.”

“Based on the evidence we submitted, didn’t Ye Meizhen infringe on our client’s legal rights?”

Facing Su Bai’s question, Zhang Mengwei frowned slightly at the trial table.

Although he was a little dissatisfied with Su Bai’s question, he still answered his question.

“Ye Meizhen violated the legal rights and interests of the female client. There is factual evidence for this.”

“But what legal rights are being violated?”

“The right to education.”

“So what law does the right to education belong to?”

“constitution.”

“Okay, the lawyer appointed by the plaintiff is also very clear that what is being violated is the right to education.”

“The right to education belongs to the Constitution.”

“This trial will mainly be based on the Civil Procedure Law.”

“By that point, are there any problems with dismissing your request for appeal?”

“The presiding judge in question, the Constitution can also be used as the law for prosecution, why should it be dismissed?”

“There is no provision in the law that the Constitution cannot be used as the law for prosecution, right?”

“The presiding judge’s basis for rejecting the case is that the Constitution cannot be used as the basis for legal proceedings, but there is no law to express this.”

On the trial stand, Zhang Mengwei didn’t know how to answer Su Bai’s question.

Because this question is very difficult to answer.

So he changed the subject: “There won’t be too much discussion on this issue in this trial.”

“If the plaintiff believes that there are objections to this judgment or there are other circumstances, it can appeal or submit it to the supervisory department for review.”

“The discussion on the amount of compensation will continue below.”

“Please ask the plaintiff to entrust a lawyer to state the basis for your claim for more than 120,000 yuan in compensation.”

“….”

On the trial bench, after Zhang Mengwei finished speaking these words, he looked straight at Su Bai.

He changed the subject, and there was no problem with that.

He is also not afraid that Su Bai will appeal or submit for supervisory review.

Because what can be found out about submission for inspection?

The review can’t find any flaws.

Appeal, of course.

After appealing to the High Court, the High Court made a different decision.

So what could be wrong with him?

It’s nothing more than deducting some performance at the end of the year.

In fact, Su Bai’s question was very tricky. If he didn’t answer, it wouldn’t have any impact.

But if the answer is… then the outcome of this judgment may have a huge change.

In other words, it was a not-so-good result for both him, the presiding judge, and the defendant.

.

….

In the plaintiff’s seat, Su Bai looked into the eyes of the presiding judge.

The two looked at each other.

Su Bai knew in his heart the purpose of the presiding judge changing the topic.

——Can’t answer the question he asked.

In other words, he couldn’t answer the questions he asked.

The advancement of the case is promoted by the presiding judge.

The presiding judge’s preference was on the side of the defendant, and there were no major problems with the process and legal defense.

In this case… Su Bai couldn’t make any big rebuttal at the trial.

Because court hearings rely on the power of trial.

Even if he raises any objection, the presiding judge will simply disagree or reject it.

Then there is no point in bringing it up.

.

….

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