Tokyo Barrister: Start the law firm bankruptcy

Chapter 496

"Crack!"

The sound of the gavel.

Judge Kawada looked at the representatives on both sides of the seat and announced, "The case of Mikiko Yui v. Kyoto University's revocation of administrative action is open for trial. Before the trial, the collegial panel has informed all parties in writing of their litigation rights, and this court will not repeat it here. Before the trial, the magistrate, clerk and other judicial judges applied for recusal. Therefore, this case will be heard by the chief judge of the collegial panel, Toshiya Kawada, and the judges Miho Takatsu and Yasuhiro Ishizuka.”

"Now, the plaintiff, please read the administrative complaint." Judge Jiang Tian's voice sounded.

The trial officially opened.

It was as if a huge wave pulled by the tide suddenly slapped on the court, and the already tense atmosphere became even more tense. This head-to-head confrontation with Kyoto University was finally coming.

Bei Yuan seemed to have smelled the smell of earth before the war, and the morbid excitement surged in his body again.Yes, as long as he loses this lawsuit, all his efforts to track Jiang Teng will be in vain.Since I came here, every lawsuit is a desperate struggle in front of the cliff.

Beiyuan turned his head slightly, and said to Miyagawa beside him, "Come on."

Miyagawa nodded, holding the materials in his hand, and said in a clear voice, "Chief referee. The plaintiff, Mikiko Yui, once studied for a Ph.D. at the defendant's Department of Life Sciences. In June and four years, the plaintiff passed the defense of the defendant's dissertation and was awarded a Ph. Regarding the acidification phenomenon of phosphate group-directed molecules in proteins" "Research on the Secondary Structure of Proteins and Nucleic Acids under Enhanced Raman Spectroscopy", the defendant made a decision to revoke his doctorate on the grounds of academic misconduct, and the relevant document number is Jingxue 102 Decide."

"After the decision was made, the plaintiff immediately appealed to the defendant's academic degree evaluation committee, and asked it to disclose the basis on which the decision was made, and asked for a re-investigation of the misconduct involved. Replied to the plaintiff in July, saying that the original investigation conclusion has sufficient basis, and rejected the plaintiff’s application for a new investigation.”

"The plaintiff believes that the defendant Kyoto University made a decision to deprive him of his doctorate without sufficient factual basis and reasons, and refused to disclose the materials related to the decision. The plaintiff failed to assert his rights to the defendant, so he filed a lawsuit."

Miyagawa's voice fell.

A very brief indictment.

Hardly any clear legal basis has been articulated.

However, in the next second, Miyagawa's voice suddenly sounded again, "The plaintiff now adds the following facts and reasons for the complaint. First, the defendant has not made public the minutes of the expert review meeting that decided to revoke the plaintiff's doctorate. According to the plaintiff's representative It is understood that at the review meeting, 20 people were originally scheduled to attend, but 15 people actually attended, 3 people abstained from voting, 5 people found that the plagiarism was not established, and 7 people found that the plagiarism was established or doubtful. The defendant did not obtain the majority of expert opinions. , it is determined that the plaintiff’s plagiarism is established, which is insufficient evidence for the existence of administrative actions.”

"Second, the defendant went beyond the statutory powers to make a decision to deprive the doctorate. The existing "Regulations on the Conferment of Degrees of National University Corporations" only stipulates that the degree can be revoked if there is serious academic fraud in the doctoral dissertation. However, the so-called accusation that the plaintiff has academic The two academic papers published by the plaintiff were not part of the doctoral dissertation, and were not the result conditions for the plaintiff to obtain a doctorate qualification. The defendant made a decision to deprive the journal papers published by the plaintiff on the grounds of academic misconduct. The powers conferred on the defendant by the National University Corporation Degree Conferring Regulations.”

"Accordingly, the plaintiff requests that the administrative action taken by the defendant be revoked."

After Miyagawa finished supplementing, the corners of his mouth curled up slightly.

This was a tactic she had discussed with Bei Yuan in advance.

【Indictment Raid Tactics】

[Just as the defendant will publish the defense at the moment before the trial, the plaintiff can also conduct a raid on the complaint.In other words, the plaintiff can hide part of the point of view and reasons for the prosecution until the moment of the hearing when it is read out.This is done for two reasons.First, it can have the effect of raiding the defendant; second, because the judge before the trial has browsed the content of the complaint, he often does not listen carefully to the plaintiff reading the complaint again. At this time, it is beneficial to add new facts and reasons to the court. Deepen the judge's impression of the plaintiff's point of view]

The high-level university officials in the auditorium couldn't help but be surprised when they heard the new reason suddenly announced.This is completely different from the very simple indictment they saw before.Before that, they had always thought that this lawsuit was an absurd lawsuit.But at first hearing the plaintiff's newly added two grounds of action, why...how does it seem that there is some truth.

When Asakura Yan heard the newly added facts and reasons, his expression didn't change much.

It seems that the university has an inner ghost.

Asakurahiko thought to himself.He is completely unafraid of these so-called reasons added by the plaintiff.What he cares about is the internal meeting minutes of the university mentioned by the plaintiff just now.They even know the number of people present and the results of the voting. This is definitely because someone in the school is providing information to them.

"Next, I invite the defendant to express his defense." Judge Kawata said, looking at the other seat.

Asakurahiko glanced at the female lawyer next to him.The female lawyer who appeared in court with Asakura Yan also has a lot of background.Her name is Ayako Takezawa.Takezawa's identity is a former civil servant. He once served as an office affairs committee member and deputy director of the legal affairs department in the Kyoto Government Office. He has reviewed many legal issues of the administrative actions and regulations of the Kyoto City Hall. He is an extremely senior former official.After resigning, he became a lawyer, focusing on administrative litigation, representing many administrative litigation cases with significant impact, and is a leader in this field.

Takezawa stood up and looked towards the trial seat, and then a somewhat low but powerful female voice sounded, "Chief referee. The defendant will publish detailed defense opinions during the court investigation and court debate. At this stage, the defendant's attorney only wants to Emphasize one point to the court. That is—the plaintiff's lawsuit has expired."

[Limitation of action]

[The so-called statute of limitations refers to the system that the obligee will lose legal protection if he fails to sue in court within a certain period of time]

只听得竹泽不急不缓地说道，“姑且先不论本案中被告京都大学的行为是否属于行政行为。依照《行政诉讼法》之规定，一般行政诉讼的时效为6个月。即行政相对人需在行政行为作出6个月内向法院提起诉讼。被告京都大学于今和4年9月撤销原告所获博士学位。而原告起诉日期为今和5年4月。起诉日期已经远远超过诉讼时效。故被告代理人请求法庭驳回原告诉讼请求！”

Following Takezawa's voice, the sharp fangs of Kyoto University were completely exposed in the court in an instant...

(End of this chapter)