You became a lawyer and sent the judge in? - Chapter 464

c461 The Supreme Court has issued guidance and the case will be won!

The Southern Provincial High Court, after relevant negotiations with Su Bai.

It didn’t take long.

The High Court has compiled the details of Liu Wenya’s case.

We applied to the Supreme Court for guidance on whether the constitution involved in this case can be judicialized.

Baijun Law Firm.

Su Bai is also waiting for the Supreme Court’s reply to the High Court.

And while this case was receiving attention, he came forward to clarify the attitude of the High Court.

It can be said that the negative impact of this case has been avoided.

Actually.

Whether the Constitution can be judicialized… is a very serious question.

In Su Bai’s view, the Supreme Court needs to consider many issues.

First, there is the impact of judicialization of the constitution.

Secondly, the legal rights and interests of the parties involved in this case must be taken into consideration.

From a certain perspective, the Constitution is the most basic law and if it is judicialized, it will have a worse impact.

but.…

In this case, if the case is not handled in accordance with the Constitution, Liu Wenya’s infringed legal rights and interests will not be protected.

This is completely divorced from the most basic meaning of the law.

so.…

Regarding this case, will the Supreme Court confirm and support Liu Wenya to protect his legal rights and interests?

In Su Bai’s estimation, the Supreme Court will definitely support Liu Wenya.

after all.…

In any case, Liu Wenya’s right to education has indeed been violated.

For this kind of violation, if you don’t support the person who was violated.

Then the authority of the law will be questioned.

The impact will be huge at that time!

In fact, when the Supreme Court discussed this issue, it also had two opinions.

The first is whether the Constitution can be used as a basis for judging cases and supporting punishments.

One side stated that the constitution is the basic law of the country, and penalties include administrative law, criminal law, civil law, etc.

The Constitution is not used to make judgments at all, and the supreme status of the Constitution cannot be shaken under any circumstances.

That is, the Constitution is not supported as the basis for judging cases and sentencing.

On the other hand, they said that the Constitution is the basic law of the country, although it cannot fully support the sentencing.

However, in this case, Liu Wenya’s right to education was indeed violated by others.

Liu Wenya is indeed in full compliance with the situation of being violated by the Education Law.

Under this situation.

If we do not support Liu Wenya in protecting his legal authority and rights.

So no matter from a legal perspective, or from the perspective that the Supreme Court belongs to the highest court organ.

The adverse effects caused are very huge.

Because this violates the basic conditions for the law to protect the rights and interests of others.

Similarly, the credibility of the Supreme Court will also be questioned.

Cause huge damage.

The two sides had a huge dispute over this case and discussions about various circumstances.

After back-and-forth discussions, the final decision was made by the President of the Supreme Court.

The law must protect every citizen’s basic rights and interests.

In his opinion, he believes that if the law cannot protect every citizen’s basic legal rights and interests.

The influence and destructive power caused cannot be compared with the judicialization of the Constitution.

also.

There is nothing too extreme about this case.

Therefore, it is absolutely possible to provide special guidance for this case.

It will neither affect the important status of the Constitution nor allow it to be abused.

It does not affect the protection of Liu Wenya’s legal rights and education rights in this case.

With the decision of the President of the Supreme Court, there are basically no other voices in the discussion on the guidance of this case.

It was unanimously decided to provide guidance in accordance with the views of the President of the Supreme Court.

And soon, the Supreme Court responded with relevant guidance on Liu Wenya’s case.

“Reply on whether civil liability should be borne by infringement of citizens’ basic right to education protected by the Constitution by infringing on the right of name”

details:

“The Supreme Court has already discussed the case of Liu Wenya and Ye Meizhen that your court applied for.”

“After research, it is believed that based on the facts of this case, Ye Meizhen violated Liu Wenya’s basic right to education in accordance with the provisions of the Constitution by infringing on her right to name.”

“It has caused specific harm to Liu Wenya and should bear corresponding civil liability.”

After receiving this reply, the Southern Provincial High Court quickly sorted out the case.

If the judgment is based on this reply of the Supreme Court.

The details of this case are now very clear.

The plaintiff’s side refers to all the claims raised by Su Bai.

It all becomes very reasonable

Ye Meizhen indeed violated Liu Wenya’s right to name and her right to education.

There is factual evidence on this point.

Now that there is factual evidence, wouldn’t it be much easier to handle next?

You can make a judgment directly based on the actual conditions!

To put it bluntly, this is a case that can be tried according to law!

.

….

As soon as the Supreme Court responded, Duan Chaohai, as the presiding judge of the case, told Su Bai about the matter.

Moreover, the court notified both the plaintiff and the defendant of the specific court date.

After Su Bai learned the Supreme Court’s reply, he breathed a sigh of relief.

The most critical point in this case is whether the Constitution can be used as the basis for judging cases and bearing civil liability.

Now the Supreme Court has replied that in Liu Wenya’s case, the defendant can be held liable and civil compensation can be determined in accordance with the constitutional right to education.

The most critical issue has been solved.

Based on the existing evidence, we will sue the defendant Ye Meizhen to achieve the litigation results and litigation claims that Liu Wenya wants.

It is no longer a difficult thing.

In particular, this case still received guidance from the Supreme Court and was heard in the High Court.

Liu Wenya wants to demand justice, which is no longer something that is out of reach.

For the plaintiff, all they have to do now is wait until the court date and attend the court session.

.

….

the other side.

After receiving the summons from the High Court to attend the court session, Ye Meizhen was obviously a little stunned.

Did Liu Wenya disobey the verdict of the first instance and directly appeal to the High Court? Did she go to the second instance?

Ye Meizhen knew that Liu Wenya might have to appeal to the second instance.

However, she did not receive any mediation or phone calls from the High Court.

I thought it might take a while.

I didn’t expect it to progress so quickly.

Ye Meizhen came to the living room with the court summons and said to Wang Qirui:

“Husband… This Liu Wenya still refuses to give up and sues me to the High Court again!”

“Now the summons from the High Court has been sent to our house.”

“….”

Ye Meizhen said angrily, and Wang Qirui frowned slightly:

“Did you appeal to the High Court?”

“You now receive a summons, which means the High Court has accepted the case.”

“.…”

“But it doesn’t matter. Your position as vice principal has been confirmed.”

“Even if Liu Wenya continues to appeal to the High Court, as long as the right to education in the Constitution is not determined, it won’t have much impact on you.”

“Don’t worry anymore.”

Hearing Wang Qirui’s words of comfort, Ye Meizhen calmed down a lot.

“Then do I have to appear in court for this trial?”

“It’s better to go. The matter of the vice-principal has been settled. Besides, this trial is being heard in the High Court. It would be bad not to appear in court.”

“Continue to let Zhou Liang represent you in this case and appear in court together.”

“Yeah, okay!”

“….”

After discussing this, Ye Meizhen also decided to appear in court in this case.

The second-instance hearing came as scheduled.

On the eve of the trial, Duan Chaohai asked as usual whether the plaintiff and defendant needed mediation.

When neither the plaintiff nor the defendant needs to mediate.

Nothing more was said.

Since both parties do not want to mediate, it is enough to proceed according to the court hearing.

This court session progressed very quickly in the early stages of judgment.

After all, there are accurate facts and corresponding evidence.

In fact, it doesn’t make much sense to elaborate too much.

For example, the issue of name rights and compensation issues.

This requires both the plaintiff and the defendant to state the amount of compensation they believe is appropriate and the corresponding legal regulations that are beneficial to them.

The rest is left to the collegial panel, which will make a determination based on the relevant facts.

The progress of the case quickly came to the key issue——

Ye Meizhen violated the provisions of the Constitution and violated Liu Wenya’s right to education.

Whether it can be judged through the constitution, and whether Ye Meizhen should bear due civil liability.

Zhou Liang’s rebuttal was the same as in the first instance, focusing on the fact that the Constitution cannot be judged.

Request the presiding judge to dismiss the plaintiff’s claim.

But this time the judgment of the second instance was completely different from that of the first instance.

Because this time, regarding the penalty of the second instance, and correspondingly, whether civil liability can be determined according to the Constitution.

I got a reply from the Supreme Court.

Therefore, in this trial, the statement of the defendant is important.

Duan Chaohai rejected it directly.

“As for the defendant’s statement that civil liability cannot be determined in accordance with the Constitution, the court rejected it in accordance with the law.”

“It is determined that the defendant Ye Meizhen violated the plaintiff Liu Wenya’s right to education.”

“We should bear corresponding civil liability issues.”

When faced with this ruling, Ye Meizhen in the defendant’s seat was dumbfounded.

No… How do we determine that she, as the defendant, lost the case?

Can it still be judged in accordance with the Constitution?

Ye Meizhen sat in the defendant’s seat and made hints to lawyer Zhou Liang on the side.

Signaling Zhou Liang to speak.

Zhou Liang also had some confusion about this judgment.

Then he said: “President, we cannot understand this judgment.”

“The presiding judge made the decision in accordance with the Constitution…”

“However, according to relevant laws and regulations, there is no law that can express that the Constitution can be used as a law for judgment.”

“If the presiding judge makes this determination, then he is not following the relevant provisions of the law.”

“We object to this!”

“Apply to the presiding judge to withdraw the relevant judgment conditions.”

“Because this is a judgment that has no legal basis!”

At the presiding judge’s seat, Duan Chaohai did not elaborate or explain too much about Zhou Liang’s rebuttal statement.

They just asked the staff to submit the guidance document issued by the Supreme Court to the defendant.

After seeing the guidance document issued by the Supreme Court, Zhou Liang looked a little unhappy.

Originally, he could have made the decision on the grounds that there was no legal basis and the application was rejected.

You can even make a report.

But now there are guidance documents issued by the Supreme Court.

Besides, everything else is useless.

The evidence and legal basis prepared by the plaintiff are very sufficient. This trial will definitely be lost!

Zhou Liang thought silently in his heart.

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….

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