Tokyo Barrister: Start the law firm bankruptcy

Chapter 551 Asakurahiko's Final Statement

This lawsuit finally came to the final step.

Everyone in the auditorium could not help but straighten their bodies, pricked up their ears, and listened intently to the statements of the two parties that followed.Since this lawsuit came into public view, it has caused many negative disturbances about Kyoto University, including the issue of outsourcing experiments, the issue of the authorship of scientific research projects, and the issue of the tutor's name in student papers, etc.Even though Kyoto University launched various channels, relying on its unparalleled dominant position in Kansai University, it barely suppressed many doubts from public opinion and the public.However, the rain is about to come, and Kyoto University urgently needs a complete trial victory to suppress all previous questioning.

Especially considering that Vice President Takeuchi has become a candidate for the Council for the Advancement of Science.At this extremely important moment, it is undoubtedly in the interest of most people in the university to ensure Takeuchi's smooth entry into the Academic Promotion Association and to further expand Kyoto University's academic power in allocating funds for scientific research in the East.They are even more unwilling to be entangled in some unfounded rumors at this moment, which will ruin Takeuchi's good deeds.Many prominent university figures in the courtroom clenched their hands slightly, as if they were holding their breath, and looked at the courtroom with a slightly nervous expression.

At this time, Asakurahiko stood up and looked at the trial seat, confident and calm, revealing the demeanor of a top authority.Only his voice was heard:
"The chief judge. The plaintiff filed a lawsuit against the defendant, requesting to revoke the university's decision to deprive the plaintiff of his Ph. During the presentation, the defendant's attorney must emphasize to the court two crucial issues."

Asakurahiko's voice paused slightly.

Many people in the auditorium leaned forward unpretentiously, wanting to know what the two questions Asakurahiko said were.

The judges on the stage also looked very serious and focused, giving this great authority full respect.

In the next second, Asakurahiko said: "The first question is whether the so-called 'due process principle' applies to this case. In this case, the plaintiff's attorney repeatedly emphasized that the defendant Kyoto University In the process of depriving Mikiko of her degree, the principle of due process was not followed. Let’s leave aside the question of whether the university’s actions are administrative actions.”

"The so-called principle of due process refers to the need to go through legal and fair procedures to exercise power. But the question is, in this case, is there a legal procedure that Kyoto University must abide by?"

"If we look at the legislation of the National Assembly on the granting of degrees. Among the vast codes of the East, there are only three provisions in the "Regulations on the Granting of Degrees by National Legal Persons" in the vast codes of the East, that is, there are serious academic misconducts in the academic achievements of applicants for degrees. At that time, the national university legal person can revoke the applicant's degree. That is to say, there is only one, and only one, of the legal provisions of Nuo Da Da Dongyang, which is relatively rough and stipulates related matters related to the revocation of degrees. In addition Other than that, there are no other regulations on the relevant legal level.”

Asakurahiko continued: "In the old thinking of the law of the sea in the past, power was regarded as a kind of evil, or a necessary evil. The so-called power leads to corruption, and absolute power leads to absolute corruption. Those with power A place is a place where evil breeds. Under this old concept of power, a set of so-called separation theories about power checks and balances has been developed. The first thing people think about is not how to make power operate smoothly, but It is thinking about how to restrict power and obstruct its operation in every possible way."

"Thus, we also see that a set of judicial review specifically aimed at the legality of administrative actions has been developed in the states of the law of the sea. This system was eventually inherited by our country, Dongyang. Then, this kind of Is the stereotyped view of power right? In fact, this philosophical ontological view of viewing power as evil has long lagged behind the rapid development of the times, and is different from the rapidly changing social reality. It is already outdated!"

"The plaintiff's attorney claims that the principle of due process must be followed for the revocation of a degree." Asakura Yan seemed to have discovered something, showing a surprised expression: "But where is the legal procedure that Kyoto University must follow? No. Law There is no such procedure stipulated, and Kyoto University is required to follow it."

The expressions of the judges on the trial bench couldn't help but become more serious.The eyes of the audience are even more focused on this top oriental university scholar at this moment.At this time, the court hearing seemed to have turned into a lecture classroom for an expert in administrative law, and even the judiciary who was in charge of the authority had also become his student.

Asakurahiko's voice was heavily emphasized.

"The disclosure obligation cited by the plaintiff's attorney is to compare the university's decision to revoke Mikiko's doctorate degree to a certain extent as an act of administrative punishment. However, from the perspective of the provisions of the Administrative Penalty Law, the administrative punishment The categories only include: warnings, circulars of criticism, fines, confiscation of illegal gains, confiscation of illegal property, temporary suspension of licenses, lowering of qualification levels, revocation of licenses to restrict production and business activities, orders to suspend production and business operations, orders to close down, restrictions on business operations, administrative detention, etc. "

"A degree does not belong to a license, nor a qualification, nor a permit. It does not belong to the statutory administrative punishment. The plaintiff's agent expressed or implied through various words that Kyoto University's decision to revoke Mikiko's degree must be in some way. There is no legal basis for complying with the corresponding norms for imposing administrative penalties to a certain extent!"

"Next, is the second question." Asakurahiko said: "Are we going to overturn such an important decision of the university to revoke a degree because of some so-called procedural flaws in this case?"

It seemed that the reasoning made at each step was impeccable.

"Then let me ask, if there is no such procedure, how can Kyoto University abide by it? In other words, the key issue of whether the principle of due process can be applied in this case is whether we can still apply the principle of due process even if the law does not stipulate the so-called express procedure. The behavior chosen to demand that Kyoto University must be perfect and flawless."

In the courtroom, Asakurahiko worked every step of the way, persuasively and persuasively.

"This issue is of particular significance to our era today, and it must be clarified to a considerable extent in today's trial."

"In today's society, there are many fields that require power intervention. Let me give a few examples at random, from the most basic traffic signal regulations, elevator maintenance regulations to food safety regulations, etc., larger ones such as anti-monopoly, knowledge Property rights, social security, labor relations, etc. It is already necessary for power to interfere with the order formed by the spontaneous development of society. Power is by no means a simple so-called 'evil'. On the contrary, modern society is increasingly inseparable from a group of highly rational technocratic groups.”

"As a result, the functionality of power has gradually gained the attention of modern academic circles. Compared with the old theory of power restriction in the past, what is now advocated is the division of labor and cooperation of power based on technical rationality. The important thing is to let power play a functional role. In order to achieve the normal operation of the state. Under this new concept, the principle of due process is no longer regarded as a tool to restrict power, but the purpose of the principle is to enable power to function normally.”

Asakurahiko took a step forward, and his tone became more and more calm and forceful, "Come back to this case. To identify whether an applicant has the circumstances that need to be deprived of a degree. This judgment requires the involvement of a high degree of professional knowledge of academic groups, The principle of due process here guarantees that the university has indeed made a corresponding decision based on the professional consensus of the academic community. On the contrary, if we follow the old concept of the power restriction theory, we still rely on some minor flaws in the procedure To revoke the decision made by the university, which undoubtedly undermines the judgment of the academic community based on its professionalism. This will hinder the functional exercise of power.”

"To sum up!" Asakurahiko's voice raised a few points again, "Unless the law clearly stipulates the corresponding procedures, the principle of due process advocated by the plaintiff has no room to apply in this case. Kyoto University has adopted various measures to maximize the The relative, Mei Xizi, is guaranteed. Under such circumstances, there should be no further demands on the behavior of the university. The defendant’s professional judgment based on the consensus of the academic community should be respected by the judicial power. Accordingly, the court should reject all the plaintiff’s claims !"

(End of this chapter)