You became a lawyer and sent the judge in? - Chapter 496

c493 Provincial law and national law, how do provincial representatives compare with national representatives?

The legal situation involved in this case is not too complicated.

There is only one defendant and one plaintiff, with relevant compensation contracts and relevant contracts signed.

The main thing is that the program is simple and convenient.

but.…

The background and influences involved in this crop claim case are very complex.

First, the background of the defendant company can interfere with the tendency of the trial.

Secondly, the issues involved in this case concern the entire province.

Fang Qiqiang, who organized the trial of this case.

Faced with this case, in my heart I was unwilling to hold a trial or even take over the case.

After all…if it is not handled properly, the case will become a fire hazard.

Cause him huge personal trouble.

But there is no way…

Now that the case has advanced to this level, it is impossible not to go to trial, and it is impossible not to take over the case.

After the mediation failed, Shuicheng Intermediate People’s Court notified both parties of the specific time for the hearing.

During this period, Fang Qiqiang also found Su Bai and wanted to reconcile privately.

In this regard, Su Bai also put forward his own conditions, that is, as long as Wannong Agricultural Co., Ltd. agrees to the mediation plan they proposed, the case will not need to go to court at all.

He could simply declare the case closed.

But will Wannong Agriculture Co., Ltd. agree?

If Universal Agriculture Co., Ltd. could agree, Wang Xi’an would not ask his uncle to call the court in person.

Therefore… it is impossible for Wannong Agricultural Co., Ltd. to agree to such conditions.

Fang Qiqiang knew very well that both parties in this case were very strong and Wannong Agricultural Co., Ltd. was unwilling to pay such a large amount of compensation.

Similarly, Su Bai was not willing to give in any step.

As the original defendant in the case, both parties have very tough attitudes.

The reason why he found Su Bai was because he hoped that Su Bai could compromise.

But it was obvious that Su Bai, as the plaintiff, could not compromise at all.

Regarding this situation…Fang Qiqiang no longer has any intention of reconciling the two parties.

Because the two parties cannot reconcile at all, there is no need to waste time and energy anymore.

The circumstances and issues surrounding this case can only be resolved through a court hearing.

This time the court hearing… Su Bai applied for a public hearing as usual.

It is hoped that the impact of this case can be expanded through a public trial.

In the same way, a certain amount of pressure can be put on the defendant so that the defendant can relent and pay compensation.

only.…

Fang Qiqiang was the judge this time, and the court took into account Su Bai’s influence and the particularity of this case.

A public hearing was refused.

The reason for rejection is also very procedural, that is, it is worried that the relevant circumstances of the case will affect the listed company and cause adverse conditions to the operation of the listed company.

A public hearing was therefore refused.

Su Bai didn’t pay much attention to this, because the circumstances involved in this case had a relatively large impact.

It is not unusual for courts to use other reasons to refuse to hold public hearings.

This is also in line with the corresponding legal procedures, and Su Bai has nothing to refute or object to.

As long as Lin Jiayuan’s legal rights and interests can be guaranteed at the court hearing, that’s all.

only.…

In this trial, the court and the presiding judge clearly favored Wannong Agricultural Co., Ltd.

This bias is very obvious.

This has a huge impact on the final verdict and the amount of compensation.

Regarding this point, Su Bai had a headache, but he also knew in his heart that if he really defended his rights according to the conditions set out in the contract.

So even if the presiding judge and the court tend to favor Wannong Agricultural Co., Ltd.

This case can also meet his application demands.

So…this tendency does not have much impact on the final result.

.

….

The trial will begin soon.

Su Bai, the attorney appointed by the plaintiff, and Lin Jiayuan, the plaintiff, both appeared in court at this hearing.

Defendant Fang Yuhao and several other lawyers represented Wannong Agricultural Co., Ltd. in court.

This case was heard in court by Fang Qiqiang.

The trial process also progressed very quickly, and soon entered the formal court session…

Fang Qiqiang asked both the plaintiff and the defendant to state their respective entrustment claims.

The entrustment claims of both parties are the same as those raised at the time of settlement.

Su Bai asked for compensation of 800 yuan per mu, but the defendant believed that 800 yuan was too high and insisted on paying 20 yuan per mu of land, and the compensation was calculated based on the value of the seeds.

As the presiding judge, Fang Qiqiang reviewed the case before the trial and also knew that the case was about compensation.

There is no doubt that Wannong Agriculture Co., Ltd. needs to compensate.

The key point is how much compensation should be paid and how much loss should be compensated.

The plaintiff’s claim also focuses on this point.

Both sides talked about it, but only focused on one issue, and that was the issue of corresponding compensation.

Other than that… there is no other key content.

same.

After stating their respective claims, Fang Qiqiang asked both the plaintiff and the defendant to state their basis.

The plaintiff’s basis is based on the content of the contract.

The defendant’s basis is that in this case, the plaintiff failed to fulfill its obligations under the contract, which led to a large-scale reduction in food crop production.

This means that you avoid your own responsibility.

At this point, Su Bai was prepared early.

The certification of professional organizations for grain production reduction was submitted to the court hearing.

The certification of professional organizations is that the reduction in grain crop yields is not caused by external factors, but by poor quality seeds.

With this piece of evidence, the defendants want to deny that the situation of reduced grain production caused by their plaintiff no longer exists.

after all.…

They have evidence, substantial evidence.

The other party also knew in his heart that it was because of inferior seeds.

In this situation with irrefutable evidence, the other party wants to refute, but with what rebuttal?

If you bite the bullet and make a statement at the trial, then the presiding judge will favor the defendant in the court.

But.…

Your defendant has no evidence, and no matter how much it leans toward you, it is impossible for you to win the case.

Otherwise…this is an obvious violation of the law.

Send it to him directly without any hesitation.

So on this contract issue,

After both parties have stated their respective reasons.

As the presiding judge, Fang Qiqiang fell into silence.

But soon, he adjusted his condition and spoke to summarize.

“Both the plaintiff and the defendant…have now finished presenting their respective entrustment applications.”

“Based on the current situation, if compensation is based on the contract, the amount of compensation requested is obviously too high.”

“but….”

“According to the entrustment claim put forward by the defendant, the seeds were used to pledge the compensation.”

“This is clearly inconsistent with the law.”

“Therefore, the court dismissed the claims of both the plaintiff and the defendant.”

“The court believes that…in this case, compensation should be made in accordance with the Provincial Management Seed Compensation Law.”

“According to the law, Wannong Agricultural Co., Ltd. should compensate the damaged farmers at an amount of 80 yuan per mu of land.”

“And only supports cash compensation terms.”

Fang Qiqiang directly expressed the court’s view at the trial.

The idea of ​​compensation of 80 yuan per mu of land was reached through discussions between him and several judges in the Intermediate People’s Court.

From the beginning, Fang Qiqiang had already determined that in this case, the arguments of both the plaintiff and the defendant needed to be rejected.

Why do this?

first.…

The compensation proposed by Wannong Agricultural Co., Ltd. is obviously too little.

Moreover, what Wannong Agricultural Co., Ltd. proposed was not compensation.

It is compensation from a humanitarian perspective.

In this case, Wannong Agricultural Company is obviously responsible, and its responsibility is relatively large.

Is it possible not to compensate?

It’s simply impossible!

The court will definitely reject the claim that it only wants humanitarian compensation.

And from a legal perspective, if there is no coordination between the two parties, it is not supported to use property as a mortgage.

Another point is… even if items and seeds are used as mortgage, the terms of the mortgage still need to be verified before the value can be used.

In this court hearing, it was obvious that the court could not agree to the lawsuit filed by Wannong Agricultural Co., Ltd.

And on the other hand.

The plaintiff’s lawyer, Su Bai, proposed a compensation of 800 yuan per mu of land in accordance with the contract. In fact, it was a very reasonable request for this point.

Because that’s what it says in the contract…

As for other clauses with loopholes, in fact the court cannot support them.

If judged according to normal circumstances, the plaintiff’s claim can be judged to be successful.

The background of this case is complicated.

Wang Xi’an’s uncle has contacted the court, so the court also needs to consider whether Wannong Agricultural Co., Ltd. can afford such a large amount of compensation.

Try to reduce the defendant’s losses as much as possible.

There is also the attitude of Wang Xi’an’s uncle.

In this case, provincial seed management regulations will be used to compensate.

It is a very reasonable judgment.

The compensation was only 80 yuan per mu, which was far lower than the 800 yuan per mu that should have been paid.

It was also much higher than the 20 yuan proposed by the defendant Wannong Agricultural Co., Ltd.

Overall…it’s a compromise.

only.…

The presiding judge Fang Qiqiang determined the amount of compensation and the provincial laws and regulations used to determine the compensation.

Su Bai is definitely unwilling.

Why not?

Because only compensation of 80 yuan is completely inconsistent with the client’s entrustment demands.

Su Bai had previously discussed the losses with Lin Jiayuan, and based on the cost, the cost per acre of land could be as high as six to eight hundred yuan.

The costs here include planting, pesticides, seeds, fertilizers, etc., not including labor costs.

But now, the output has been greatly reduced, and machines are needed to harvest the grain.

The cost per acre is fifty to eighty yuan.

Has the cost increased again?

The current situation is that the yield per mu of land is very low. Based on the current production, the income per mu of land is only about 300 yuan.

Overall, the net loss per mu of land is nearly 400 to 600 yuan.

Compensation of only 80 yuan is completely unable to protect the cost.

From this point of view…the court’s compensation is completely unreasonable and cannot achieve the corresponding results of the client’s claims.

This is completely unacceptable to Su Bai.

So Su Bai immediately refuted:

“presiding judge.”

“We believe that this provincial management regulation cannot surpass the contract signed with us in terms of legal composition and obligations.”

“We still hope to be compensated in accordance with the contract, and we will be compensated 800 yuan per mu of land for our losses.”

As the presiding judge, Fang Qiqiang immediately retorted:

“The plaintiff wants to make claims in accordance with the contract…”

“But the amount you claim is too high.”

“And there are various loopholes in the contract. According to the law, the court can impose penalties in accordance with other applicable laws.”

“This is possible.”

“So on this point, the court rejects.”

The hammer fell, Fang Qiqiang looked at the plaintiff’s seat and slowly stated the reason.

Only when Fang Qiqiang stated the reasons and corresponding evidence, Su Bai refuted again.

“Even if the court follows the corresponding procedures, it can implement other laws to make judgments.”

“But why should we use provincial regulations governing seeds to make the determination?”

“According to laws and regulations, it is completely unreasonable to use provincial management regulations and laws to make judgments.”

“In this case, if the Seed Management Regulations are used to impose penalties, then according to law, the general domestic law “Seed Law” needs to be used.”

“In terms of priorities.”

“Domestic law certainly takes precedence over provincial regulatory laws.”

“According to the Seed Law, Wannong Agriculture Co., Ltd. should also bear all our losses.”

“So whether it’s from a contract point of view or from a Seed Law point of view, the amount of compensation Wannong Agricultural Co., Ltd. will pay to us per mu of land is far more than 120 yuan.”

“So we do not agree with the court’s decision to use the Provincial Management Regulations Act to award the defendant 120 yuan in compensation.”

“We apply to the court to withdraw the judgment just now and determine compensation in accordance with the corresponding priority laws.”

Su Bai’s answers and rebuttals were very sharp.

As for the court, if it really disagrees with the contract.

Then the domestic law “Seed Law” can also be used to impose penalties.

Provincial regulations may not be used to impose penalties.

after all.…

The Seed Law is a legal charter drawn up by representatives from across the country.

The provincial seed management regulations are legal regulations formulated by provincial representatives.

Whether at the administrative level or in terms of priority, the laws enacted by national representatives are universal throughout the country and are higher than provincial management laws and municipal management laws.

So why should provincial governing laws apply to this trial?

This is completely unreasonable!

Provincial laws and national laws must take precedence over national laws. Besides, how can provincial representatives compare with national representatives?

The only purpose of the court’s penalty is nothing more than one thing, that is… to make Wannong Agricultural Co., Ltd. pay less compensation.

But Wanmeng Agriculture Co., Ltd. will compensate less.

Then… those farmers will suffer heavy losses.

An acre of land is lost between 400 and 600 yuan. With so many farmers and so many acres of land, how much will be lost in total?

All these costs are borne by those farmers!

And this incident was caused by Wannong Agriculture Co., Ltd.

The compensation for one acre of land was only 80 yuan, which did not meet the client’s demands at all.

And it is also inconsistent with the law and inconsistent with a fair judgment.

When Su Bai used the “Seed Law” formulated by national representatives to refute the judgment conditions.

On the bench, Fang Qiqiang, the presiding judge, frowned slightly.

Discussing priorities now at trial?

As a presiding judge, doesn’t he know the priority of the law?

It must be clear!

However, using the Provincial Seed Management Regulations and Laws is the most beneficial to Wannong Agricultural Co., Ltd.

So he brought it up at the trial.

But…now he encountered Su Bai’s rebuttal.

Regarding Su Bai’s identity and Su Bai’s influence.

To be honest…as the presiding judge, Fang Qiqiang is also a little afraid of causing any trouble in the future.

So…when faced with Su Bai’s statement, he fell into silence.

There was no immediate answer.

.

….

PS: Please give me a monthly ticket~