You became a lawyer and sent the judge in? - Chapter 463

c460 The attitude of the Provincial High Court, apply for guidance from the Supreme Court!

Liu Wenya won the case.

But judging from the contents of the judgment, this judgment is no longer considered a victory.

More…it’s a kind of humiliation.

Naked humiliation.

The defendant proposed a compensation amount of five thousand yuan. What does the verdict of five thousand and one mean?

That dollar was given as a gift?

You can completely follow the normal process to make penalties.

Even if a compensation amount of five thousand yuan is awarded, there is no problem.

Because it is based on the defendant’s lawsuit.

But what’s that extra dollar?

Isn’t this an obvious way to tell others that you won this trial because I wanted you to win?

Regarding this matter, Liu Wenya became extremely angry after learning about it.

Obviously, it was Ye Meizhen who was causing trouble in this matter, deliberately!

I did this on purpose to show her.

The meaning expressed is also very direct – didn’t you win the lawsuit?

What impact will winning the lawsuit have on me?

I’ll pay you as much as you want!

In fact, Ye Meizhen did this on purpose, and she also expressed this idea.

Ye Meizhen’s home.

After reading the contents of the verdict, Ye Meizhen casually threw the first-instance verdict on the table.

There was a hint of pride in the corner of his mouth that he had achieved his goal, and he was talking to himself.

“This Liu Wenya is so ignorant. Do you really think she can live a life like mine if I didn’t go to college instead of her?”

“My current life is all earned through hard work. That degree is only worth so much money.”

“My father previously offered her 30,000 yuan or 50,000 yuan to settle the matter.”

“I will never mention the matter of me taking her place in college from now on,”

“She doesn’t want to.”

“They probably want to blackmail me at the trial and blackmail me for 120,000 yuan!”

“It’s fine now. The court of first instance has ruled and awarded a compensation of 5,001 yuan.”

“Think of that dollar as a gift from me!”

“And even if the court rules, so what? I won’t give her the five thousand yuan, and I’ll keep dragging her. What can she do?”

“Unless she comes to beg me, for her pitiful sake, I might be kind enough to give it to her.”

“I still want to appeal for money, which is a good idea!”

There was a hint of disdain in Ye Meizhen’s tone.

In her opinion, Liu Wenya’s best solution at the beginning was to take the money and not appeal.

After getting the money, this matter is in the past.

But what she didn’t expect was that the other party kept insisting on appealing.

The results of it?

The result is that the current sentence has no impact on her.

On the contrary, Liu Wenya brought a lot of trouble to herself.

But then again, this situation is normal.

The other party may have never entered society and has been a housewife at home, lacking social awareness.

Or maybe I saw too many good things.

Otherwise, an ordinary housewife would have to sue her.

What do you think?

That definitely won’t work!

Wang Qirui heard what Ye Meizhen said and reminded him:

“I have settled this matter with Zhang Mengwei, and we owe him a favor.”

“This case won’t have much impact on you, but don’t be too public, otherwise, if someone catches you, there will inevitably be some rumors.”

“The impact is not good.”

“Do you understand?”

Ye Meizhen smiled and nodded: “I know, husband, I still have a sense of discretion in these things.”

“Honey, don’t worry, I just know it in my heart and I will never make it public.”

“Ah That’s good.”

Wang Qirui nodded and said no more.

.

….

On the other side, Su Bai and Li Xuezhen have arrived at the Southern Provincial High Court.

Liu Wenya’s case will definitely not work if it fails to meet the entrustment requirements.

In any case, this case concerns the violation of Liu Wenya’s right to education.

It must be judged successful.

Previously, he had been waiting for the verdict of the first instance, and now the verdict has come.

Then you must apply to the Provincial High Court for a second instance of appeal.

Wait until the relevant litigation materials and factual evidence are submitted.

Li Xuezhen blinked her eyes and said in confusion:

“Lawyer Su…”

“This case involves the Constitution, which is the basic law of our country. There is no precedent in terms of prosecution and judgment. Our case should be the first in the country.”

“What if the Provincial High Court of Southern Province determines that there is no problem with the first-instance judgment of this case and rejects our appeal request?”

“Then are we going to submit a lawsuit to the Supreme Court?”

“Can this case still go to the Supreme Court?”

Li Xuezhen looked at Su Bai with bright eyes, full of expectation.

Hearing this question, Su Bai smiled.

Li Xuezhen’s question is very accurate.

The situation involved in this case is the use of the Constitution to decide the case.

However, the Constitution is the basic law of the country and there is no precedent here.

If the Provincial High Court rejects the appeal request based on this situation, it is reasonable to a certain extent.

However, even if the court of second instance did not accept Liu Wenya’s case, it would still have to give a clear explanation.

According to the basic interpretation of law, all laws are actionable, and the Constitution is no exception and is also actionable.

In this case, the constitution is also justiciable, so why can’t it be judged based on the constitution?

If the High Court rejects their lawsuit application.

Then there must be a corresponding explanation, right?

Regarding Li Xuezhen’s question, Su Bai smiled and said:

“The High Court has the right to reject Liu Wenya’s appeal…”

“but…”

“The High Court will definitely have to answer some questions, such as why the Constitution was justiciable, so why did it reject our appeal.

If you can’t tell the reason, it’s a violation of the process.

Generally speaking, the Intermediate Court and the Basic Court have irregular procedures where errors may occur in the process.

However, this situation rarely occurs with the High Court. After all, most provinces only have one Provincial High Court.

This point must be avoided, otherwise it will have a huge negative impact on the Provincial High Court. ”

“Don’t worry… In this case, the High Court will not directly reject our appeal request without any reason.”

“Oh, I understand Lawyer Su.”

Li Xuezhen nodded seriously with a small face.

the other side.…

After Su Bai and Li Xuezhen submitted the above applications.

The High Court attaches great importance to this case.

Why is it important?

Because it involves the content of the Constitution.

The judgment of the first instance was indeed somewhat unreasonable.

But the most critical issue in this case is——

Whether the Constitution can be used as a law for prosecution and whether it can be used as a law for judgment is a matter of legal interpretation.

To hit the key points, it is possible in terms of legal interpretation.

What about practical applications?

What is the actual application… What kind of law is the Constitution?

It is the basic law of the country!

Can it be used to convict people?

The High Court specially opened a referee committee for discussion on this case.

The presiding judge, judges, and other personnel responsible for the case discussed the case.

But in the end, no results were discussed, but one thing can be confirmed.

That is about Liu Wenya’s case, they have to accept it.

But how should it be accepted?

In the end, Duan Chaohai, the chief judge in charge of the case, specifically contacted Su Bai.

I hope Su Bai can provide some explanation for this case.

In other words, there is an accurate and defensible statement in this case.

Southern Provincial High Court, in the public office.

The presiding judge and lawyers are not allowed to meet privately, but they can have public meetings.

In this case, it was difficult for the High Court to handle the case.

Therefore, we can only find the plaintiff’s attorney and the plaintiff’s client to ask for their opinions, or negotiate whether the prosecution of the case can be withdrawn.

Of course, in this case, Su Bai’s view was that he would not negotiate.

The prosecution must continue to the end.

In response, Duan Chaohai, who was the presiding judge of the second instance, was silent for a few seconds and then spoke:

“This case has not yet been heard in court. The reason for asking Lawyer Su this time is for negotiation and to see how this case should be handled.”

“It can be regarded as a mediation organized by the court.”

“It is a unilateral mediation with the plaintiff.”

“Lawyer Su, don’t have too many opinions. I will state the court’s point of view here.”

“The court’s civil adjudication committee has conducted some discussions on the case.”

“The result of the discussion is that this case has been brought to our High Court for second instance.”

“Our High Court will definitely resolve this case, but…”

“The Constitution is the basic law of the country. To put it bluntly, there is no law that stipulates that it can be judicialized.”

“What does judicialization mean?”

“It means that the Constitution cannot be used as a statutory regulation for prosecution and judgment.”

“Lawyer Su, as a well-known lawyer in China, should know this, right?”

After hearing Duan Chaohai’s question, Su Bai responded:

“I know this.”

“But according to domestic legal provisions, any law is actionable.”

“The Supreme Court has not stipulated that the Constitution cannot be used as the basis for judgment and prosecution, right?”

“Since the Supreme Court does not clearly state or require this, it means that judgment and prosecution can be carried out in accordance with the Constitution.”

“According to this idea, is there anything wrong?”

Facing Su Bai’s answer, Duan Chaohai smiled.

how to say.…

On this point, Su Bai’s statement does make some sense.

But what is the actual situation?

The actual situation is that the Supreme Court has not issued a notice that clearly can do so.

Other lower courts need to avoid this ambiguity.

Because the law is strict.

Ambiguous situations can easily have certain and huge adverse effects.

It will bring a certain guiding effect to the trials of other courts.

However, some answers still need to be given to Su Bai’s questions.

Duan Chaohai thought for a moment and then said:

“This is not to say that there is anything wrong, but that the court will make a decision based on the Constitution without the guidance of the Supreme Court.”

“If something goes wrong, you will be held accountable.”

“The Constitution is the basic law of the country. The situation involved is very complicated and involves many basic contents. It is so important. Can you understand this, Lawyer Su?”

“This opening… our High Court would not dare to open.”

“At this point, we need to apply to the Supreme Court for guidance on this case.”

“It might take a while.”

When he said this, Duan Chaohai paused for a moment, and then said with a smile:

“Actually, Feng Lijian, Senior Feng and I also know each other.”

“Our idea at the High Court is that we will apply to the Supreme Court for guidance on this case.”

“But during this period, the plaintiff cannot make any negative statements online.”

“Is there any problem with this?”

Duan Chaohai’s eyes fell on Su Bai, and Su Bai raised his head and looked at Duan Chaohai.

He smiled and said, “No problem.”

“We guarantee that there will never be any negative comments from the Provincial High Court during the process of submitting application guidance to the Supreme Court.”

Duan Chaohai smiled when he heard this: “That’s good.”

This time, he had two main purposes for negotiating with Su Bai.

The first is to see if the lawsuit can be dropped or to find out what the plaintiff’s views are on the case.

If it cannot be withdrawn, then try your best to resolve the impact of the case and safeguard the legal interests of the parties involved.

The second is that Su Bai’s influence on the Internet is too great.

Basically, when it comes to public cases, there will be waves of public opinion on the Internet.

On the court’s part, any flawed judgments and processes made will be magnified.

produce undesirable negative effects.

Although it is said that public opinion supervises the judiciary, the High Court is not willing to fall into such bad public opinion.

Worry about the negative consequences.

Now that these two problems have been solved, Duan Chaohai feels relieved.

.

….

Walk out of the High Court.

On the side, Li Xuezhen asked with a serious face:

“Lawyer Su…”

“It seems that the Provincial High Court attaches great importance to the case of whether the constitution can be judicialized.”

“How will the Supreme Court guide Lawyer Su’s case?”

Hearing Li Xuezhen’s question, Su Bai smiled.

“This depends on the considerations of the Supreme Court.”

“Don’t worry.…”

“There should be corresponding guidance soon.”

“Oh, good Lawyer Su.”

Li Xuezhen nodded seriously and then spoke:

“Lawyer Su…”

“It’s so late today and we can’t go back to Nandu. Do you want to get a room to rest?”

Su Bai: “?”

.

….

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