Tokyo Barrister: Start the law firm bankruptcy

Chapter 499
"Do the plaintiff and the defendant have any new opinions on the issue of the statute of limitations?" Judge Kawata asked looking up.

The seats on both sides were silent for a while.This silence is a deliberate silence.Although the judge is asking both parties if they have any comments to add, in fact, both parties can still make additional comments in the later trial stage.At this moment, it is only the stage of reading the indictment and expressing the statement of defense. Neither side wants to expose too much ammunition and opinions to the other side.

There was a moment of silence on the battlefield.

However, this silence hinted at the bloody battle ahead.Just like trench warfare in World War I.The temporary silence was only for the supply convoy to transport more machine gun bullets and shells for both sides, so as to launch the next more violent attack.

Judge Kawada looked at both sides of the court, and then announced, "Next, we will enter the stage of court investigation. The defendant will present the evidence."

[Inversion of burden of proof]

[Whether it is a civil lawsuit or a criminal lawsuit, in general, the plaintiff bears the burden of proof.That is, whoever asserts, who proves.However, in administrative litigation, the opposite rule of evidence is implemented.That is to say, the legality of the administrative act is the burden of proof for the administrative organ.The reason is that, first, in the face of administrative power, it is difficult for the relative person to have a superior force to contend with to collect evidence that the administrative act is illegal; second, under the principle of the rule of law, it is the duty of the administrative organ to administer according to law , the burden of proving the legality of administrative acts shall be borne by the administrative organs, which is more conducive to prompting them to abide by the law]

Takezawa smiled slightly, then held the evidence booklet in his hand, stood up and said, "Next, the defendant presents the first set of evidence. The first piece of evidence is the National Assembly's decision on the establishment of Kyoto University as a national education legal person, and the second piece of evidence is Evidence, "Kyoto University Charter", the third item of evidence, "List of Kyoto Prefecture Administrative Organs and Entrusted Entrusted Execution Agencies and Units of Administration", and fourth item "List of Projects for Exercising Executive Power of Kyoto Prefecture City Hall."

"Among them, the third paragraph of Section C of the National Assembly's document "The Decision of the National Assembly on the Establishment of Kyoto University as a National Educational Legal Person" states that the purpose of the establishment of Kyoto University is to prosper academic research on the East, cultivate new student talents, and learn cutting-edge thinking and technology from various countries. "Kyoto University The first paragraph of the Articles of Association stated that the fundamental function of the university is scientific research and education, and the purpose of Kyoto University is to promote the progress of research and teach talents needed for the construction of a new society."

"These congressional documents and the university's charter all indicate that the university's functions are only for academic research and student education, and it does not involve the exercise of administrative power. "List", which includes all the organs that exercise administrative power in the Kyoto area, or units that are entrusted to exercise administrative power. This table does not include Kyoto University. All the affairs and examination and approval projects that exercise administrative power in the region. The so-called conferring degrees are not included in this batch of projects. In other words, whether conferring degrees is based on the documents founding Kyoto University by the National Assembly, the articles of association of Kyoto University, or the city hall Structures and regulations are not administrative actions.”

"The above-mentioned evidence can show that the university's awarding of degrees is only an evaluation or recognition based on academic autonomy. The act of revoking the degree awarding is not a so-called administrative penalty or administrative decision. Therefore, the university's decision to revoke Mikiko's doctorate degree, If it is not an administrative act, the relevant dispute is decided, and it is not within the scope of administrative litigation."

Miyagawa looked at the stacks of documents submitted by Takezawa, stood up immediately, and retorted, "The evidence presented by the defendant has nothing to do with the purpose of the proof. In fact, the administrative regulations "Regulations on the Conferment of Degrees by National Legal Persons" stipulate that Detailed regulations on the conferring of degrees by universities. This can show that the behavior of conferring degrees by universities is regulated by administrative regulations and belongs to the use of administrative power..."

"Plaintiff's attorney." Judge Kawata suddenly interrupted Miyagawa's discussion, "Now I ask you to express your cross-examination opinions, not the nature of the university's revocation of degrees."

Caught off guard, the judge interrupted, immediately making Miyagawa stunned.Even though she had studied the judge's information with Bei Yuan in detail beforehand, she knew that he was a judge with a tough court style and would often interrupt the lawyer's speech.However, it was absolutely unexpected to be interrupted just after speaking for a moment.

Takezawa on the opposite side already showed a faint smile, as if admiring the lawyer's embarrassment.

After a few seconds of blanking, Miyagawa immediately replied, "Chief referee, I am indeed expressing cross-examination opinions. I am discussing the evidence materials submitted by the defendant's attorney, which has nothing to do with their proof purpose."

Judge Kawata frowned, with a hint of impatience in his expression, and continued: "I want you to express your opinion on the authenticity, legality, and relevance of the evidence presented by the defendant. "How it is stipulated is a question of the application of the law, and it will be published later in the court debate stage."

"Chief referee, but I..." Miyakawa still wanted to say, but Beiyuan pulled his clothes and motioned her to sit down.

Looking at the scene of the trial, Beiyuan frowned slightly.Things looked worse than he had imagined.Miyagawa’s statement was not wrong. It was actually pointing out that the evidence presented by the defendant did not fully demonstrate the basis of power exercised by the university in the process of conferring degrees, and it was not an opinion on the application of law.However, the chief referee still wanted to block Miyagawa from speaking, which was biased to a certain extent.

In this way, the lawsuit is even more difficult to handle.

Zhuze watched the lawyer opposite him being scolded by the referee, and couldn't help but smile again.Yes, this is Kyoto, and it belongs to Kyoto University.Most of the famous lawyers, judges, and even trial personnel such as judge assistants and clerks here are from Kyoto University, forming an unbreakable local barrier.It is too naive for the lawyers who came from Tokyo to challenge themselves here, where the most dominant legal elite in the Kansai area was raised.

Asakurahiko had already closed his eyes slightly, and began to regain his composure.There is no other reason.The opponent is too weak.To sue a university for someone who blatantly plagiarized would not be emotionally supportive in the first place.In this regard, it is not surprising that the judge will be more harsh on the plaintiff's lawyer.After all, judges are also human beings, and as long as they are human beings, they must have all human emotions.

After all, this lawsuit is still a "trivial" groundless nuisance lawsuit.

The two defendant's attorneys had already shown a somewhat relaxed attitude. At this moment, they didn't notice that the male lawyer in the plaintiff's seat opposite had stood up...

(End of this chapter)