Tokyo Barrister: Start the law firm bankruptcy

Chapter 515 Second Court Session

Asakurahiko's words are somewhat correct.A judge is not willing to devote energy to trivial matters.To a large extent, the simple concept of justice also affects the judge's decision.Mikiko's thesis was identified as plagiarism by the Board of Commissioners, which is where Kyoto University's greatest strength lies in this administrative lawsuit.At the same time, this was also the biggest weakness that Beiyuan and the others faced.

"But, that's not the case." Ochi questioned again, "According to my understanding, administrative litigation focuses on procedures rather than substantive issues. Even if Mikiko really plagiarized the thesis, as long as there are procedures in the process of the university depriving her of her degree If it violates the law, then the tribunal can also revoke the decision of the university.”

"That's right. What Professor Ochi said is indeed true. But it's just one, not the second." Asakura Hiko showed a rather complacent smile, "This view is just a book theory, and it may not be the case in practice. In the actual trial of the court, if the violation of the administrative procedure is not serious enough to affect the fairness of the administrative act, the court will not arbitrarily revoke the corresponding administrative act. That is to say, as long as an administrative act is generally appropriate, Then, based on the consideration of stability, the referee will not easily rule to revoke the decision of the university because of some minor procedural violations.”

The words of this great authority reveal the huge gap between the operation of the judiciary and the theory of books.

On the one hand, administrative agencies need to strictly abide by the corresponding administrative procedures, otherwise the corresponding decisions they make may be revoked due to procedural violations.

But on the other hand, based on the consideration of efficiency, the court will not easily revoke administrative actions taken by administrative agencies because of procedural violations that are not serious.

Asakura Yan completely grasped the pulse of the current Toyo administrative litigation.

Soon, with the endorsement of this great authority, Ochi's attempt to challenge Takeuchi at the meeting was completely disintegrated.The Takeuchi faction once again firmly held the upper hand.Even so, cracks have emerged in the power structure within universities.Due to Takeuchi's failure to deal with Morimoto's corruption crime, and now the research group under his name is caught in the lawsuit storm of Mikiko.For the first time, the tumbler of the university's top management is facing some instability in his firm seat of power.However, on the other hand, the opposition represented by Ochi was unable to gather enough strength to oppose Takeuchi for a while.

At this moment, the balance of power at Kyoto University is in a state of delicate balance, and various forces are undercurrents, but none of them can change the status quo alone.A fragile balance is formed.And what can affect this fragile state of balance is precisely this seemingly absurd lawsuit brought up by Mikiko at this time.

Unknowingly, many senior leaders of Kyoto University have not realized that the power structure of the university has gradually changed, which can be traced back to a lawyer who came from Tokyo.Butterflies on the east coast can cause a storm on the other side of the sea with just a slight flap of their wings.However, the starting point of such far-reaching changes happened precisely when a Tokyo lawyer came to Kyoto University...

……

……

Time passed, and the Sakyo District Magistrates quickly arranged a date for the second trial.Just a week later on Friday.Turning the time dial, the date was quickly set to the day of the second court session.During this period, the lawsuit filed by Mikiko has become more and more popular in the society.Numerous BBS forum panels are opening posts, scolding the female doctor who committed the crime of academic misconduct.More and more media are also beginning to follow the progress of this lawsuit.

A doctor who graduated from a prestigious school ended up in this fate.

This huge contrast undoubtedly arouses people's attention even more.

All those involved were enjoying a kind of witch-hunt-like carnival. They were finally able to find a dog in the water and beat them desperately. By unleashing the most vicious curses on Mikiko, they realized their so-called "sense of justice".By tying Mikiko to the cross, pouring gasoline heavily, torturing them, and finally igniting the fire, they fulfilled the grand mission in their hearts—a sense of nobility, mission, and sanctity achieved by ravaging others.

Friday, 9:52 a.m.

Sakyo Ward District Court, Tribunal No. 503.

Bei Yuan was already sitting in the plaintiff's seat, unzipped his briefcase, and took out stacks of court materials from it.According to his estimation, the proof link of today's court trial will undoubtedly enter the node of whether the university finds that Mikiko plagiarized has enough evidence.The most thrilling part of this lawsuit is about to come.

Of course, Kitahara does not expect to be able to completely deny that Mikiko's thesis constitutes plagiarism.This is an impossible task.As long as it can be shown to the judge that Mikiko's thesis does not constitute [-]% academic misconduct, but that it is controversial to constitute academic misconduct, this is already the best result.

Don't expect to confirm that Mikiko's paper is not plagiarized.

Instead, it turned the question into whether Mei Xizi's paper was plagiarized.

As long as that can be done, it can be said that there is at least a glimmer of hope in this lawsuit.

Although only a trace.

But for those in darkness, this ray of light is enough.

Beiyuan raised his head, looked at the two figures in the dock, and looked at the two opponents opposite again.
Asakurahiko and Takezawa, invited by Kyoto University, are whispering at the moment, not knowing what to whisper.The combination of these two legal experts is just right, and the cooperation in court can be said to be extremely perfect.An academic authority and a senior practical expert maximize the advantages of each other.

Bei Yuan lowered his head and pondered, evaluating the cards in his hand.Unfortunately, in this lawsuit, he only has one hole card.That is Ochi.Rely on Ochi to provide him with confidential documents inside the university to see if it can have the effect of causing a surprise blow to the other party.But today, this hole card will be used up.

Yes.

Before the lawsuit was halfway over, the only hole card in his hand was about to be used up.

Mei Xizi's lawsuit can be said to be the most disadvantaged lawsuit Beiyuan has ever dealt with.

This feeling of being about to use up the hole cards and holding no way to win is really annoying, Bei Yuan smiled self-deprecatingly.

"Everyone please stand up." The clerk's voice suddenly came from the courtroom, "Judges take their seats."

I don't know when, the judges in black robes have appeared from the secret passage in the courtroom and came to the trial seat.In an instant, the crowd in the entire court stood up one after another, as if forests and trees suddenly appeared one after another on the flat ground. .

"Please sit down!" The clerk shouted again.

Judge Kawada sat upright on the seat, raised his gavel, and said loudly: "The case of the plaintiff Mikiko Tamai suing Kyoto University for revocation of administrative actions is now open for the second trial!"

"Crack!"

The sound of the gavel...

(End of this chapter)