Tokyo Barrister: Start the law firm bankruptcy

Chapter 497

The statute of limitations——As soon as the trial started, the opponent immediately seized this point and launched a fierce attack.The statute of limitations can be said to be a preliminary issue in a case.If the statute of limitations has passed when the lawsuit is filed, it will be difficult to recover the dismissal even if Da Luo is present.However, by the time Kitahara and Mikiko met, most of the time had already passed, and it was impossible to remedy the fait accompli of the past.

Miyakawa swallowed his saliva, then stood up and said, "Chief referee, this case has not passed the statute of limitations. The starting point of the administrative lawsuit should be counted from the date when the specific administrative act is known or should be known. The decision was made in September last year. But the relevant decision was officially delivered to my client in early November. The starting point should be calculated from the time of official delivery."

Hearing Miyagawa's rebuttal, Takezawa sneered, "Although the relevant paper documents were indeed delivered in November, the electronic form of the documents had already been sent to the plaintiff by email as early as when the school made a decision. The relevant e-mail address is the school e-mail address of the plaintiff Mikiko. According to this, the plaintiff has long been aware of the content of the decision.”

"The defendant's attorney's point of view is not valid." Miyagawa quickly said, "The plaintiff has repeatedly asked Kyoto University to disclose the relevant evidence for depriving it of a doctorate. However, the university has not responded until March this year. Open. Based on the trust in Kyoto University, my client has not taken any legal action. Until Kyoto University repeatedly rejected my client’s reasonable request, my client realized that the dispute about the revocation of the degree was tricky, unfair, and It was made under illegal circumstances. Based on this, Mikiko filed a lawsuit against the university.”

"Therefore, the starting point of the statute of limitations should be calculated from March this year, not September last year." Miyagawa raised his voice and retorted forcefully.

The sound fell.

There was no immediate refutation from the other side.

Did you win?Miyakawa raised his eyes to look at the dock, but he saw Takezawa sitting in the dock very calmly in front of him, as if he didn't feel any difficulty because of Miyagawa's quick rebuttal on the spot.

There was still a faint sneer on Zhu Ze's face, as if he felt relaxed and ridiculed because of the extremely unbalanced strength on the field.

She raised her head and glanced at Professor Asakura Yan next to her.

Asakurahiko smiled slightly, followed by a deep but powerful male voice, "Lawyer Miyagawa. The law doesn't seem to stipulate the starting point of the statute of limitations."

This top expert in administrative law simply opened his mouth, and in an instant, the pressure surged like a huge wave in the deep sea, making it breathless.

Miyagawa froze in place, not knowing what Asakurahiko wanted to express for a moment.How does the law stipulate the starting point of the statute of limitations?Isn't it the day when the relative knows or should know that the administrative action is taken?Why did Asakurahiko ask himself such a very ordinary question at this moment.

In this world, the more advanced a person is, the more ordinary his appearance is.

The reason is that the avenue is often as simple as possible.

Simple killing skills don't need fancy decorations.

Dazzling will only make the sword move slower instead of faster.

After a few seemingly ordinary moves, the master has already set up a chess game and put his opponent to death.

In the next second, Asakurahiko said, "According to the law, the starting point of the statute of limitations for administrative litigation is the date when the relative person knows or should know that the administrative act is made, not the date when the relative person knows or should know that the administrative act is illegal. Attorney Miyagawa confused this crucial distinction just now."

"Whether the counterparty notices that the administrative act violates the law is not the starting point of the statute of limitations for administrative litigation. As long as the counterparty has learned of the existence of the administrative act, the litigation time has already started to count. As for whether the counterparty knows that the relevant act violated the law, Don’t ask. Just now, Miyagawa’s lawyer claimed that the starting calculation was only started on the grounds that the plaintiff’s application materials to the defendant did not receive a public answer, and he noticed that there might be violations of laws and regulations in the university’s behavior. But this does not constitute the so-called starting calculation at all. point."

Within a few words of Miao Miao, Asakurahiko immediately disintegrated Miyagawa's offensive.

Knowing the existence of administrative acts is the same as knowing that administrative acts are illegal.

These two points are indeed different.

This great authority of administrative law immediately pointed out this crucial point.

This is where the knowledge of administrative law has been extremely superb.

The corners of Beiyuan's mouth were slightly raised, as if he felt the strength of the two people in the dock in front of him, and his interest became more and more intense.Immediately, Beiyuan stood up from the plaintiff's seat, "Chief judge. The administrative act of revoking a doctorate should be viewed as a whole. It includes the initial decision in September of this year and 4 years, and the final confirmation in March of 9 years. The entire revocation The administrative act of the degree is declared complete."

"The whole administrative act of revoking a doctorate degree is closely related to each other and inseparable. The reply made by Kyoto University in March 5 is actually the final confirmation of the decision made in September last year. There is no final confirmation. The administrative action involved in the case has not officially come into effect. We can see this from the termination time of Mei Xizi’s email address.”

The young male lawyer immediately seized a point and launched a counterattack, only to hear Kitahara continue, "Mikiko's campus mailbox was terminated after March. This can just prove that the university's disciplinary measures against Mikiko, in fact, in March Therefore, the real time to make the decision to deprive the plaintiff of his Ph.D. should be March of this year."

"Oh, that's right. Lawyer Kitahara." Asakura Hiko showed a rather smug smile, "The so-called deprivation of the doctorate involved in the case took place in September last year. This is an undeniable fact. Mikiko's behavior since then , just to file a complaint within the university about this behavior. However, according to the Administrative Procedure Law, the statute of limitations can be interrupted only when the party fails to sue for objective reasons other than itself.”

"Administrative law is not civil law. In civil law, you only need to urge the debtor to restart the statute of limitations. But in administrative law, the act of filing a complaint will not cause the statute of limitations to be interrupted."

Asakurahiko's voice echoed in the courtroom.

The counterattacks of those two young lawyers were torn to shreds like paper.

The knowledge of this administrative law authority is fully demonstrated in court.

One in the dock is a leader of the German School of Administrative Law in the oriental academic circle, and the other is an administrative litigation lawyer with extensive experience as a former civil servant.Such a combination is an almost unsolvable existence.The two plaintiff lawyers in the court, like samurai at the end of the Shogunate, charged at the Maxim machine gun...

(End of this chapter)