Tokyo Barrister: Start the law firm bankruptcy

Chapter 549
In court, Kitahara seized on the fact that the university's decision to revoke Mikiko's degree did not specify the specific applicable rules and regulations, and launched another attack.

Many big figures sitting in the auditorium probably did not expect the scene of the court trial to be so intense, and showed rather intriguing expressions.Especially those two officials from the Ministry of Education, Culture, Sports, Science and Technology.When they listened to Takeuchi's report before, Kyoto University reported this court trial as the final trial that will completely crush the opponent and win a complete victory.You only need to sit in the audience to appreciate the opponent's fiasco.However, the trial at the beginning of the scene was obviously somewhat different from the university's previous reports.

Perhaps sensing a trace of abnormality in the expressions of the big shots, Takeuchi then turned sideways and quietly said to the Ministry of Education, Culture, Sports, Science and Technology officials beside him, "Commissioner, please don't be confused by the momentum of the other party. This is the only way to build momentum. We will completely refute their claims."

Just as Takeuchi’s voice fell——

Immediately, Chao Cangyan stood up again and looked at the referee's seat.

All eyes could not help but focus on this top expert in administrative law.

The question raised by the plaintiff’s lawyer just now is indeed true, and the specific applicable norms are not specified in the university documents.How should this great authority of administrative law refute.

Asakurahiko straightened his chest slightly, and said calmly and confidently: "Chief referee. It is true that the university did not write specific applicable norms in the degree decision. However, the defendant's attorney reminded the collegial panel to pay attention to the "Academic Misconduct Handling and Prevention There is only one provision in the Code concerning academic misconduct leading to the revocation of a degree, which is Article 1. There is also only one provision in the Regulations on Academic Misconduct and the revocation of a degree in the National Legal Person Degree Conferment Regulations, which is Article 89 .”

"Even if Kyoto University does not specify the specific applicable norms in the relevant documents, if the plaintiff reads the "Academic Misconduct Handling and Prevention Regulations" and "National Legal Person Degree Grant Regulations", the correct norms can be found smoothly, because these two In this document, there is only one and only one corresponding article.”

"In other words, no matter whether Kyoto University has specified the specific norms in the relevant documents, it will not affect the basis for the plaintiff to inquire about the defendant's corresponding behavior. Therefore, the question raised by the plaintiff's agent that did not specify the specific applicable norms, It will not substantially damage the procedural rights of the plaintiff!"

"The defendant's agent has just indicated to the court that the two normative documents cited in the decision to revoke the degree are related to the revoking of the degree. Therefore, no matter whether the defendant informs Mei Xizi of the corresponding specific norms, there will be no Significant substantive impact. That is to say, even if according to the plaintiff’s representative, the defendant Kyoto University has indeed violated the law, it is only a minor violation, which does not constitute a ground for revocation!”

Like an eagle flapping its wings, the sky eagle screams.

"However, causation does not equal the legality of an act."

Once again, the top academic has demonstrated his incomparable familiarity with administrative law.

A counterattack was made.

Although there are no stated norms, it will not substantially hinder the plaintiff's search for legal basis.

However, in the next second, Asakurahiko immediately raised his voice again, and replied: "The example cited by the plaintiff's attorney is not appropriate. In fact, the plaintiff's attorney also ignores a problem. Even if it is assumed that Kyoto University revoked the degree in this case It is an administrative act, but not all illegal administrative acts must be revoked. There are serious and slight differences in the degree of illegality. The court does not have to revoke the minor degree of illegality.”

Then, even if you don't tell which specific items it is, you can find the corresponding specification through the name of the file.

However, just when everyone was amazed by Asakurahiko's counterattack, Beiyuan took a step forward and walked up in the court, only to hear him sneer and say: "Chief referee. The statement made by the defendant's attorney just now is not true. You are using causality to confuse the legitimacy of an action."

It's really a counterattack angle that no one can think of.

Beiyuan's voice continued: "Assume that in a execution ground, the prisoner is about to be electrocuted on the electric chair. However, the family members of the victim were emotionally excited and pressed the start button on the electric chair first. The prisoner died immediately due to the electric shock. Then In this case, how can the family members of the victim constitute the crime of intentional homicide? There is no doubt that no matter whether the family members of the victim press the start button of the electric chair, the prisoner will die because of the subsequent electric shock. From the perspective of causality, The activation of the electric chair by the victim's family will not change the outcome of the prisoner's subsequent death."

Asakurahiko's exposition is finished.

Everyone present once again realized that the title of this top authority is by no means false.

"What does that mean?"

Kitahara made a strong rebuttal.

It is true that the University's documents do not specify specific norms.

"The act of starting the electric chair without permission by the family members of the victim has constituted the crime of intentional homicide. Looking back at the case itself, just now the defendant's attorney argued that whether or not the relevant legal basis is stated will not affect the plaintiff's inquiries about specific regulations, because the relevant regulations There is only one. However, this point has nothing to do with determining the legality of the defendant’s behavior. If there is no specific specification specified, it is illegal. As for whether it substantially affects the results of the plaintiff’s review of the specific specification, it is not the core factor in judging the legality of the behavior!! "

However, if there is only one relevant specification.

Yes, even if the administrative act is illegal, but as long as the degree is slight and does not produce substantive unfair effects, the court does not necessarily have to revoke the act.

"If there is no specific legal basis, it can be regarded as a minor violation. How can there be any behavior that is not considered a minor violation?!" The legal basis is the main legal obligation that must be fulfilled by administrative organs and relevant organizations to perform administrative functions. It indicates the legal source of the corresponding power and is the premise and basis for exercising the corresponding power. How can the premise be an unimportant thing?! How can the defendant's attorney call it an insignificant detail?!"

Asakurahiko's voice sounded again immediately, "Kyoto University has stated the legal basis. The relevant decision has indicated that the referenced norms come from the "Academic Misconduct Handling and Prevention Regulations" and the "National Legislative Degree Award Regulations". The specific one is not specified. The plaintiff’s attorney has repeatedly nitpicked and described a small mistake as an extremely huge disaster. Such nonsense, embellishment, and embellishment are definitely not legitimate and reasonable demands!!!”

In court debate—

This great authority of administrative law is really like an insurmountable mountain, using the snow all over the sky and the thin air to warn those who are trying to climb that it is impossible to cross it...

(End of this chapter)