Grassroots lawyers also have spring

Chapter 509 Like a fart!

"The first piece of evidence, the marriage certificate, proves that the plaintiff and the defendant are husband and wife.

The second piece of evidence, the defendant's operation receipt, proves that the defendant performed the artificial abortion without the plaintiff's knowledge.The defendant violated the plaintiff's reproductive rights and should compensate the plaintiff.

The third piece of evidence, the list of joint property of the husband and wife, proves the situation of the joint property of the husband and wife. Since the reason for the breakdown of the relationship between the two parties is the woman, the plaintiff claims that all the property belongs to the man.

The proof is over. " said the plaintiff male lawyer with thick eyebrows and big eyes.

"The defendant cross-examines evidence!" The curly-haired female judge raised her eyelids and looked at Wang Chuan.

""The first piece of evidence, the marriage certificate, was recognized by the defendant.

The second piece of evidence, the defendant’s surgical receipt, is recognized in its authenticity, legality and relevance, but the purpose of the proof is not recognized. The defendant’s abortion operation is to exercise his reproductive rights, and the defendant has the right to decide whether to carry out childbirth, and no one shall hinder it. its exercise of rights.

The third piece of evidence is the list of shared property. The joint savings of the husband and wife is not 28 but 23. There is no objection to other properties.The defendant believes that the defendant is not at fault in this case, and the court should divide the property from the perspective of caring for women when dividing the joint property of the husband and wife.

Cross-examination is complete. "Wang Chuan said.

"The defendant presents evidence!" said the curly-haired female judge.

"The defendant's evidence is the couple's joint deposit receipts. In addition to the property listed by the plaintiff, such as cars and stocks, the plaintiff's proof of husband and wife deposits is wrong. The deposit amount should be 23, not 28. There is a passbook as evidence. The proof is complete!" Wang Chuandao
The other party had already provided proof of the marriage certificate and the abortion operation receipt, so Wang Chuan did not need to provide further proof, but the amount of deposits presented by the plaintiff was wrong, and Wang Chuan only provided evidence for the amount of joint deposits.

"The plaintiff cross-examines!" the curly-haired female judge said routinely.

"The plaintiff agrees with the legality, authenticity and relevance of the evidence provided by the defendant. The cross-examination is over!" said the male lawyer with thick eyebrows and big eyes after muttering to the man beside him.

"Both the plaintiff and the defendant, during the court session, I asked you whether you want to mediate, but you two disagreed, and now I'm asking for your opinions, do you want to mediate?" the curly-haired female judge asked.

"No mediation, unless the other party agrees to divorce and pay compensation." The thick-browed and big-eyed male lawyer said.

Hehe, you guys have all the advantages!Wang Chuan smiled contemptuously.

"We are willing to mediate, but we have no way to mediate the other party's attitude." Wang Chuan said.

"Okay, since the mediation fails, let's continue the court session."

"Plaintiff, do you have any other conflicts besides having children?" the curly-haired female judge asked.

"No!" said the plaintiff's thick-browed and big-eyed male lawyer.

"Defendant?" The curly-haired female judge looked at the dock.

"No!" Wang Chuan said.

"Plaintiff, do you think that the defendant violated your reproductive rights by not wanting to have children, so you are asking for damages?" asked the curly-haired female judge.

"Yes, that's it." The man wearing glasses on the plaintiff's seat said.

"The plaintiff believes that the plaintiff and the defendant are husband and wife and have equal reproductive rights, and the defendant's private abortion operation has caused the plaintiff's reproductive right to be unrealized, so the defendant should be liable for damages to the plaintiff." The thick-browed and big-eyed male lawyer said.

"Plaintiff, let me explain to you that the reproductive right, that is, the right to have children, is a basic right of both husband and wife. It can only be realized when both parties reach a consensus and jointly exercise it. Neither party can force the other party to bear children.

You are a college-educated intellectual, and I hope you understand that. "The curly-haired female judge stared at the plaintiff man wearing glasses and said.

What the male lawyer with thick eyebrows and big eyes said was like fart, and the curly-haired female judge ignored him at all.

"Understood!" The man in glasses digested the judge's words and nodded.

"Plain defendant, let me ask again, do you both want to mediate?" the curly-haired female judge said emphatically, "Please answer the parties themselves."

The meaning of the curly-haired female judge is obvious. The lawyers of both sides shut up and don't make trouble!

"I agree to mediation." Manager Ma in the dock glanced at Wang Chuan and said.

Before the court session, Wang Chuan and Manager Ma had already made preparations for mediation. Divorce case mediation is a necessary procedure, and it might be completed, so Wang Chuan had to make preparations.

"Agree to mediate!" Although the man wearing glasses doesn't understand the law, he still understands the meaning behind the words of the curly-haired female judge.

"Okay, lawyer Shuangfa goes out first." The curly-haired female judge was afraid that the lawyer would disrupt the mediation and affect the effect of the mediation, so she directly issued an order to evict the client.

"I am the plaintiff's lawyer. I have the right to represent the plaintiff in the court hearing and to participate in the mediation." The thick-browed, big-eyed male lawyer wanted to stop and behave in front of the client.

"Attorney for the plaintiff, you have the right to participate in the mediation, but you must seek the opinions of the parties involved. Now the parties are at the scene, and I will give you 2 minutes. After 2 minutes, you can leave or stay, and I will give you the result." The curly-haired female judge directly kicked the ball To the man with the glasses.

"Lawyer Zhao, wait for me outside. I'll talk to you after the mediation." The man wearing glasses said directly to the male lawyer with thick eyebrows and big eyes without hesitation.

He can offend the lawyer, because the lawyer takes his money to do things for him, but he doesn't want to offend the judge, because the property division judge has discretion.Moreover, what the judge said just now has already set the major premise. He is a smart man, and there is no need to confront the judge.

Seeing this, Wang Chuan didn't want to act in front of the client, and after explaining a few words to Manager Ma, he walked out of the court.

About half an hour later, the clerk opened the door of the courtroom and called Wang Chuan and the male lawyer with thick eyebrows and big eyes into the courtroom.

"Just now, the plaintiff and the defendant reached an agreement through court mediation. Both parties unanimously agreed to divorce. The properties under their respective names belong to each other, and the daily necessities belong to each other. The man gave the woman a diamond ring when they got married, and the woman returned it to the man. Both parties get half of the deposit.

Alright, both of you will sign the court record first, and we will issue a mediation statement right away. After finishing speaking, the curly-haired female judge packed up the case file, and quickly walked out of the court with the case file in her arms.

More than half an hour later, Wang Chuan and Manager Ma walked out of the gate of the court.

"Lawyer Wang, thank you. This matter is finally settled." Manager Ma let out a long breath, and his whole body relaxed a lot.

"It's all what I should do. Now that it's over, don't think too much, there is still a long way to go! How did you get here, do you want me to take you back?" Wang Chuan asked.

"No need, I drove here." Manager Ma said goodbye to Wang Chuan, walked to the Mini Cooper on the side of the road, and drove away.

Wang Chuan also drove back to the law firm.

(The Interpretation of the Supreme People's Court on the Application of the Marriage and Family Section of the "Civil Code of the People's Republic of China" (2020) (Fa Shi [22] No. 20) No. 79 stipulates that a husband who terminates pregnancy without authorization violates his reproductive rights If a claim for damages is made, the people's court shall not support it; if there is a dispute between husband and wife over whether to give birth, so that the relationship has really broken down, if one party requests a divorce, the people's court shall invalidate the request after mediation, and shall apply in accordance with Article [-], Paragraph [-] of the Civil Code. The provisions of the five items are dealt with.

Paragraph 79 of Article [-] of the "Civil Code": In any of the following circumstances, if mediation is invalid, divorce shall be granted: ... ([-]) Other circumstances that lead to the breakdown of the relationship between husband and wife)
(End of this chapter)