Tokyo Barrister: Start the law firm bankruptcy

Chapter 552 Beiyuan's Final Statement

After Asakurahiko's words fell, the entire court, especially many people related to the university showed admiration on their faces, and they couldn't help nodding slightly.The final statement of this great authority has almost expressed the innermost feelings of these prominent figures in the university.This is why this lawsuit is of crucial significance to national university corporations—they do not want the power of academia to be scrutinized by the judiciary.

At this point, only the plaintiff's final statement remains.

Mikiko who beat the witness last time did not appear in this last trial.It looked like her lawyer would make the statement.The eyes of the audience could not help but focus on the male lawyer in the plaintiff's seat, wondering what kind of final statement he could make in response to the attack of the authority of administrative law.

I saw Beiyuan stood up from the plaintiff's seat, and walked to the middle of the court as if walking.Suddenly, as if he couldn't help laughing, he let out a laugh.This laughter is full of strong contempt and irony.It seems that what the great authority said just now is extremely ridiculous.

Seeing Kitahara showing such an expression, Asakurahiko couldn't help but twitched his brows, his facial muscles tensed slightly, as if he had been seriously offended by this young man's provocative expression.

In the next second, Beiyuan's voice was heard saying: "Professor Asakurahiko is a great authority in the field of administrative law in our country. The words just now are really wonderful and wonderful. Power is for function. Existing by function, we must pay attention to the functional attributes of power. What a cutting-edge, what a great academic discovery. Especially the term technocracy is so good. In the academic concept of Professor Asakura Hikoda, the governance of an ideal society It should be done by a group of technologists. The most altruistic, just, and rational people on earth, to serve as our public servants."

"The best role models for these technocrats—" Kitahara pointed to the university people in the auditorium, "these are the experts trained in the academy. So Professor Asakura Hikoda repeated and repeated The three places emphasized to the court that the professional judgments of these groups must be respected."

"The theory of power restriction has become an old-fashioned and old theory in Professor Asakurahiko's mouth. It is no longer suitable for the needs of the development of the times." The corners of Beiyuan's mouth turned up slightly, revealing a chilling sneer.

At this moment, almost everyone in the court held their breath.None of them expected that this young lawyer would challenge the top scholars of administrative law in such a straightforward and blatant way.what is this for
"Are you kidding me?!" Beiyuan's voice suddenly increased a bit: "The judgment standard of truth never depends on the old and new trends. There are always only two judgment standards of truth: whether it is logical and whether it is in line with the facts. Theories that contain truth, A thousand years are not rendered useless, and a falsehood does not become true just because it was the most recent. True gold is still true gold, no matter how hard it is tried."

"Don't they have no evidence?"

The faces of many college students in the auditorium were shocked, as if something that had been buried for a long time was suddenly overturned by this young male lawyer and exposed to the eyes of the world.After being stunned for a few seconds, these college students couldn't help discussing in a low voice:
"Can we win?"

"Looking at the entire process of Kyoto University's investigation of Mikiko in this case, the subject of the investigation is actually the academic committee. The subject of the investigation has committed serious violations of the law and exceeded its statutory powers conferred by the university's charter. It did not inform Mikiko that her degree might be revoked. Deprived Mei Xizi of the right to know and the right to make a full defense. Its decision to revoke the doctorate did not specify the applicable specific legal basis, and did not fully and truly fulfill its obligation of disclosure. Regarding such various procedural violations, if we today If you choose tolerance, it is tantamount to acquiescing to the wanton behavior of power! Yes, the professional judgment of academic groups needs to be respected. But the problem is that when this kind of professional judgment will affect the important rights and interests of the relative person, it is no longer It is a purely professional judgment. It needs to go through due process, that is, the review of legality, before it can finally be effective!"

Beiyuan's words were as strong as steel, like a warrior who could not be knocked down, only to hear him continue: "The so-called functionality of power that Professor Asakura Yan said is simply the moon in the water, the mirror in the mirror. Zhongzhihua just conceived another fig leaf decorated with advanced terms for power!"

"Because as long as power is in operation, it will inevitably damage people's personal, property and other rights."

Bei Yuan's gaze swept across the defendant's seat sternly, "No matter how a person eulogizes the greatness of power, and no matter what theories he uses to whitewash it. Power is so cold and naked. The exercise of power is the use of violence to force People obey."

Leng Jian pointed straight at Asakurahiko's throat.

"Running a red light once may result in a fine of 9000 yen. Does the attorney for the defendant think that the impact of depriving a person of her doctorate is much lower than the administrative fine for running a red light?! The logic of the defendant's lawyer is obviously ridiculous."

"The functionality of power?" Kitahara sneered again, "No matter what words Professor Asakura Yan uses to beautify him—technical rationality, functional effect, and other mysterious and profound words, they will change forever. Without the essence of power—"

"Or more simply—"

While everyone was discussing in low voices, suddenly, there was a "click".

"I...I believe Professor Asakurahiko..."

"Yes, the plaintiff has no evidence."

The young man's final statement seemed to question everyone at the University.

A word is like a blade unsheathed.

"Power is command."

The door of the courtroom was slowly pushed open, revealing a corner.A figure immediately appeared in the gate and walked into the court. The sound of "click, click, click" high-heeled shoes was heard very clearly in the ears of those present at this moment.The figure who walked in was wearing a beige suit and tube skirt, holding a stack of files in his hands, with a cold expression somewhat similar to Beiyuan.The person who came in was Miyagawa!
Miyagawa's reappearance immediately caused a small commotion.

At this moment, Bei Yuan's voice suddenly amplified.

"Yes, we have Mayu Chida who appeared in court as a witness."

"No...don't know."

"Power is coercion."

The sound of the huge roaring golden bell resounded throughout the mighty valley.

"Professor Asakura Hikoda gave many examples to prove the so-called functionality of power. But is this really the case? Just give an example. Suppose today a group of bureaucrats suddenly said that for the sake of people's health, the expansion of compulsory Take the scope of food vacuum packaging. Is such a decision technology neutral? No. Because such a decision immediately makes the manufacturers of vacuum packaging equipment more profitable. We have no way to judge whether such a proposal is vacuum packaging The result of lobbying by equipment manufacturers."

"The principle of due process is a principle that runs through all areas of administrative behavior and must be followed. The operation of power will inevitably reduce the interests of the relative, and make the relative gain or lose something. It is precisely because of the operation of power This is the natural attribute, so we must adhere to the principle of due process. Because only the exercise of power is legal, we can tolerate power to deprive a person of personal freedom and property!"

"Power is obedience!"

"That's why power needs to be checked."

Like the morning bell of a monastery ringing suddenly.

"As long as we understand the nature of power—" Bei Yuan looked up at the judge's seat, "we will know why the principle of due process must be applied in this case. Yes, the current law does not stipulate the necessary procedures for revoking a degree. However, the right to know, the right to defend, the right to participate, and the right to relief of the relative to be guaranteed by the principle of due process must be guaranteed. In this case, Kyoto University’s decision to revoke the doctorate undoubtedly made a Efforts in vain will have a very important impact on the immediate interests of the administrative counterpart, how can it be overridden with an understatement that 'revocation of degree' is not an administrative penalty?!"

"To order you to do or not to do something, whether you want to or not."

The great professor probably didn't expect the young lawyer to refute him so bluntly. In an instant, the authoritative expression finally showed his first gaffe. He opened his mouth slightly and was already in a daze. In situ.

"This is the quality of power that cannot be ignored."

Kitahara raised his head, stood in the courtroom, and looked at the university officials sitting in the auditorium, "To sum up, the decision of Kyoto University to deprive Mikiko of her degree in this case is based on the "National Legislative Degree Conferring Regulations." 》is made, which belongs to the exercise of administrative power. The decision-making process itself must be bound by the principle of due process. Based on the serious violation of the procedure of Kyoto University in this case, the court should revoke the decision to deprive the degree issued by Kyoto University in accordance with the law!!!”

"Even if the lawyer's words are strong, in the end it depends on the evidence."

People in the auditorium did not understand why this paralegal, who did not appear at the opening of today's trial, would appear in the court again at the critical moment when the trial is about to end.Under the eyes of everyone, the female lawyer walked towards the trial area, and the materials she held in her hand gave everyone a feeling that they could give this case a certain meaning.Could there be any variables at the end of the trial?
Beiyuan stood behind the wooden fence of the court, and took the materials handed over by Miyakawa. The two just met with simple eyes, and Beiyuan already knew what Miyakawa wanted to say to him.In the next second, he immediately looked at the trial seat: "Chief judge. At the end, the plaintiff's attorney has a piece of information that he wants to provide to the court for reference. Although it will not be presented as evidence, it will test the reliability of Mayu Chida's testimony in this case. Make a difference!"

At this time, the people present.

Except for Kitahara and Miyagawa—— none of them could have imagined that the files contained in this file bag were actually the materials of Mikiko's lawsuit against the five professors of Kyoto University for the division of cohabitation property...

(Tomorrow and the day after tomorrow, I will go on a trip, everyone, don’t wait)

(End of this chapter)