Tokyo Barrister: Start the law firm bankruptcy

Chapter 523
In a blink of an eye, Beiyuan threw out the idea of ​​experimental outsourcing.Yes, there is plagiarism in Mikiko's thesis, and there is basically no possibility of it being overturned.But the question is whether this kind of error is mainly caused by Mikiko.At least in the academic misconduct involved in the paper "Research on the Secondary Structure of Proteins and Nucleic Acids under Enhanced Raman Spectroscopy", breakthroughs are possible.

The citizens in the back row, who were cursing Mikiko in a low voice just now, were taken aback when they heard such a point of view from Kitahara.They showed somewhat confused eyes, and after a short thought, their angry expressions softened again.If it is said that all these mistakes were only caused by the experimental outsourcing company, then this seems to be a forgivable thing.From this point of view, it is no wonder why when the expert group voted, some professors believed that although Mikiko had committed academic misconduct, it was not serious enough to revoke her degree.It seems that this vote is justified.

The court's wind direction changed again quietly.

Standing there, Bei Yuan still showed a somewhat cynical smile. At this moment, he seemed to be like a puppet master walking the streets in ancient times in the East. The people present seemed to have become his dolls. As long as he opened his mouth to speak, Gently flicking the silver wire connecting the puppets, you can manipulate the hearts of the people in this room.

Takezawa couldn't help clenching his teeth slightly.

Now, this female lawyer with rich experience in litigation has already realized the difficulty of the Beiyuan lawyer in front of her.

He is like an extremely vicious dog.

As long as it is stuck by him, he will continue to attack with his animal teeth again and again, no matter how hard he tries to shake him, he will not be able to get rid of him.

What a nasty opponent.

Takezawa was thinking quickly about the countermeasures in his mind, how to deal with the tricky defense of the opposite lawyer.

At this moment, Beiyuan looked at Zhuze. Of course, he would not be merciful to leave room for his opponent to think.In a lawsuit like today, as long as he makes a slight mistake, he will end up falling off a cliff. There is no room for him to take risks today.Bei Yuan immediately took a step forward and continued to pursue:
"The chief referee please pay attention to Part B of the "Experiment Outsourcing Contract" signed by Mei Xizi and Biological Xunde Co., Ltd., Article 5 stipulates that 'the club has the obligation to conduct diligent experiments on behalf of the client, and must be faithful and complete in accordance with the requirements of the client. , Carry out the experiment without error, without falsification, it is necessary to ensure the authenticity, timeliness, accuracy, and completeness of the experimental data records, and ensure the repeatability of the experiment.'”

"It can be seen from this clause that Biology Xunde Co., Ltd. has the following obligations. First, to conduct the experiment completely in accordance with Mikiko's requirements. Second, to record the experimental data and ensure the authenticity of the data. It can be seen from this that, Mikiko, as the entrusting party, did not actually have the intention of fabricating, fabricating, or splicing the experimental data. On the contrary, it was the trustee Biological Xunde Co., Ltd., which did not follow the "Experiment Outsourcing Contract" and Mikiko's entrusted instructions, and carried out the falsification on its own. "

"As the author of the thesis, my client should be responsible for the authenticity of the data in it. However, the attorney for the plaintiff hopes that the collegial panel can notice that the plaintiff did not intend to plagiarize or fabricate the data. It was caused by the failure of the three parties to fulfill their due diligence obligations."

The voice fell.

Zhu Ze got up immediately, and only heard her voice, retorting sharply: "Of course, the outsourcing of experiments will also constitute academic misconduct, and it is definitely not as claimed by the plaintiff's attorney. Just one sentence is caused by a third party. Take it lightly, and don't pursue it any more."

"Experiment outsourcing is a kind of academic misconduct if it is not reasonable." Takezawa said: "First, when outsourcing experiments is the main part of the thesis, outsourcing at this time is tantamount to being done by others. It is academic misconduct. The plaintiff Mei Xizi’s paper is "Research on the Secondary Structure of Proteins and Nucleic Acids under Enhanced Raman Spectroscopy". In this paper, the most important thing is actually the research in Raman The structure of proteins and nucleic acids under the spectrum."

"That is to say, using a Raman spectrometer to detect the relevant proteins can be said to be the most critical and important part of this paper. However, the plaintiff handed over the most important part to an outsourcing company to operate, At the same time, they did not verify the key data, which is obviously for ghostwriting, not outsourcing.”

"Second, the outsourcing of experiments is technically necessary. That is to say, when the outsourcing company has experimental equipment that the laboratory does not have, in this case, it will be reasonable to choose outsourcing experiments. However, We see that the Takeuchi-Muraki joint laboratory already has a Raman spectrometer. Although the plaintiff’s attorney claims that the use of the Raman spectrometer is tense due to too many laboratory projects. However, is this defense really tenable? Is the plaintiff Mikiko really Is it impossible to wait in line to use the relevant equipment? If the laboratory already has the relevant equipment, it is still outsourced for the experiment, this option is not technically necessary!"

"In summary, the plaintiff's attorney's view that the so-called fault was mainly caused by a third party is obviously wrong, and they are shirking responsibility!"

Takezawa is like a series of artillery shells, continuously pouring out violent artillery fire.

However, Beiyuan did not show any weakness, and immediately fought back: "Chief referee! In fact, using a Raman spectrometer to detect relevant proteins and nucleic acids does not require superb experimental skills to complete the experiment. Rather than requiring experimental skills, Rather, it is a very low-skilled operation experiment."

"Yes, using a Raman spectrometer to detect proteins is indeed a key experimental step in this paper. However, the skill and originality required for this experimental step are extremely low. Even if it is handed over to a third party, to carry out It does not damage the originality of the paper. The most important part of this paper is not to use a spectrometer to search, but to use a theoretical model to interpret the results of the search! Therefore, the point of view of the defendant’s agent just now is extremely fallacious! !"

Another burst of violent gunfire rang out.

Beiyuan once again showed his fangs and fought back fiercely.

In the courtroom, this young male lawyer had an inextricable fight with the senior administrative lawyer on the other side.I saw the two sides fighting with each other, you come and go, and for a while, the ordinary citizens at the scene were confused as to who was right and who was wrong in this lawsuit.

At this moment, Asakurahiko, who hadn't gotten up all this time, moved his body.

He watched the court trial with cold eyes.

It was indeed a little beyond his imagination that the plaintiff's lawyer on the opposite side could stir up the situation to such an extent.

However, it's time for this to end.

Let this ridiculous game end.

The great authority on administrative law decided to stop again.

In an instant, like dark clouds, lightning and thunder, in the melee, another god giant entered.

Asakurahiko stood up slowly, with an extremely indifferent expression on his face, and said, "Chief referee, whether Mikiko's experiment outsourcing behavior is academic misconduct, you only need to read one. That is the so-called After the experiment outsourcing contract was signed, did Mikiko actively provide the necessary information for the experiment to Biological Science and Technology Co., Ltd. If so, then Mikiko did not have the purpose of committing academic misconduct.”

"But if not!" Asakura Hiko suddenly emphasized his tone, "If Mikiko didn't provide Biological Science and Technology Co., Ltd. with the necessary information for the experiment, then she knows that the company can only fabricate and fabricate data to complete the corresponding tasks. In this case, Mei Xizi certainly has the subjective purpose of committing academic misconduct, and she deliberately indulges Biological Xunde Co., Ltd. to carry out this kind of behavior."

"And we saw—" Asakura Yan slowly held up a booklet, on which was the collection of Mikiko's campus mailbox emails, "From what the university has learned, after Mikiko signed the contract with Biological Xunde Co., Ltd., I have never sent an email again, providing details and information needed for any experiment. Obviously, this is a clear academic misconduct of 'named outsourcing, actually ghostwriting'!!!”

(End of this chapter)