You became a lawyer and sent the judge in?

Chapter 105 Final Judgment! (with explanation, must see)

soon.

An hour passed quickly since the adjournment was announced.

Court again.

After all the clerks stood up, the three members of the collegial panel walked into the court hearing again.

On the presiding judge's seat.

The presiding judge Bai An circled around and struck the gavel.

Boom boom boom!
"The court will now continue."

"Respective Statements Against the Litigation and the Prosecution."

"The collegial panel has already discussed the statement of the two parties."

"The discussion between the litigant and the prosecutor on whether Zhang Laidong is suspected of picking quarrels and provoking trouble is now suspended."

"Wait until the trial is finished discussing whether the administrative punishment of the litigant has applied for revocation, and the three parties have completed their statements, and then the final judgment will be made."

"Are there any objections to this?"

Su Bai: "We have no objection."

Mo Xiao: "We have no objection."

Boom boom boom!
"There is no objection from either side."

"Then the next step is to proceed with the trial of the administrative punishment applied by the litigant to revoke the water management station."

Boom boom boom!
"The litigant, regarding the lawsuit application you submitted, you stated that the water management station violated the administrative law. Do you have any substantive evidence or legal provisions?"

"There are presiding judges."

Su Bai opened his mouth slowly, then took out a piece of litigation materials, and said slowly: "According to the first-instance judgment, we will be fined 30 yuan."

"In our opinion the regulations were improperly applied."

"In the first instance, for the penalty of 30 yuan, according to the evidence, the administrative punishment of the water management station was to order us to demolish and rebuild the bridge three times, and we were given a top penalty on this ground."

"The laws and regulations on which the punishment is based are according to Article 65 of the Water Law, the construction of bridges without the approval of the waters administrative department or the jurisdictional department and construction in violation of regulations, and those who are ordered not to change are divided by an administrative penalty of more than [-] and less than [-]."

"I would like to ask the defendant's lawyer, is this matter true?"

Meng Haiyang nodded slightly: "This matter is true."

"According to Article 60 of the Water Law No.[-], Zhang Laidong will be ordered to refuse to make amends, and will be punished, with a fine of not less than [-] but not more than [-]."

"Ok!"

Su Bai nodded slightly.

"Then I would like to ask, the lawyer of the litigated party, what is the basis for the administrative penalty you applied for? Is it our order not to change it?"

"Yes, order not to change."

Meng Haiyang nodded slightly.

"OK, thanks."

Su Bai continued to state: "According to the relevant provisions of Article 60 of No. [-] of the Water Law."

"Without the consent of the waters administrative department or the consent of the competent waters department, a bridge is built without authorization, and the bridge is ordered to be demolished or submitted to complete relevant procedures."

"Otherwise, a fine of more than [-] and less than [-] will be imposed."

"Water Law No. 60 Article [-] or the relevant content after it, did Lawyer Meng not read it?"

"There is another sentence behind the demolition of bridges, which is called the completion of related procedures."

"According to the evidence submitted by us."

"We have submitted the relevant procedures to the relevant departments many times, but have not received a response or approval, but the relevant departments have issued three orders to us in succession, and each time is a top penalty. Is this appropriate?"

"That is, we have determined that the administration has violated the Administrative Punishment Law. Is there a problem?"

Facing Su Bai's inquiry.

Meng Haiyang fell silent.

This is indeed problematic.

According to administrative penalties, relevant departments or units are not allowed to impose relevant administrative penalties on the same unit or business multiple times in a row, and they need to give the other party a certain amount of time for rectification.

but
The relevant departments did not respond to the relevant procedures.

It is indeed their responsibility.

There is no doubt about that.

Meng Haiyang took a deep breath and was about to refute, but when he thought that this was a live broadcast of the trial, he withdrew his rebuttal.

After a few seconds of silence, he simply fell silent.

If you lose the case, you lose the case, but if you say something wrong, the nature will change.

Su Bai stared at Meng Haiyang.

For administrative litigation, the other party does not occupy the legal provisions during the trial process.

especially.

The current situation is still being broadcast live in court. In this case, it is definitely possible to say as little as possible.

Therefore, it is not too difficult to revoke the administrative punishment imposed by the administrative department.

Boom boom boom!
After Su Bai finished his statement.

The presiding judge Bai An rang the gavel, and looked at Meng Haiyang, who was seated by the accused party.

"Does the party subject to the lawsuit need to defend or make a statement?"

Meng Haiyang took a long breath: "We believe that the parties involved in the lawsuit did not make corrections after being ordered. This matter really exists."

Boom boom boom!
Facing Meng Haiyang's statement, the presiding judge Bai An sounded the gavel.

"Based on the statements of the parties to the suit."

"We now summarize the following points of controversy."

"One: Whether the party subject to the lawsuit has violated the regulations on administrative punishment."

"Two: Whether the party subject to the lawsuit has notified the administrative punishment in place."

"The litigant, Zhang Laidong."

"May I ask if you have received the notice and order from the party being litigated and whether you have gone through the application process?"

Facing the presiding judge's questioning.

Zhang Laidong took a deep breath, and slowly said: "I received the notice of the order, but I have made rectifications according to the requirements of the other party, and I have also applied for relevant procedures, but I have not received any response or approval."

"Then how long was the interval between the three notices you received?"

The presiding judge Bai An asked again.

Zhang Laidong thought for a few seconds, and then said: "The interval is not more than one year."

Boom boom boom!
The gavel sounded.

"The administrative lawsuit filed by the litigant is now being asked of the litigant."

"Has the respondent received Zhang Laidong's application for approval?"

Meng Haiyang took a deep breath: "Yes, I have accepted it."

"several times?"

"three times."

Boom boom boom!
"Question complete."

"Does the litigant have any objections to the litigant's accusation that you did not pass or respond to Zhang Laidong's application for approval?"

"No."

Boom boom boom!
After inquiring about the whole situation and checking the corresponding evidence, Bai An already made a judgment in his heart.

Administrative litigation against the application filed by Yu Su Bai.

So far, there are basically no major problems.

The water management institute violated the relevant penalty regulations, and what needs to be judged now is how much punishment is appropriate.

After clarifying these relationships.

Bai An struck the gavel again.

"Do all parties have any factual basis to add or state about this case?"

Hearing this sentence, all three parties realized that the final court statement was about to be made.

Su Bai: "No objection."

Mo Xiao: "No objection, no supplementary content."

Meng Haiyang: "No objection, no supplementary content."

Boom boom boom!
"All parties have no objection to this case, and the final court presentation of all parties will begin next."

"The litigants are now invited to make their court presentations."

"Good judge."

Su Bai took a deep breath, and then said: "Presiding judge, my statement to the court is as follows:"

"We have no opinion on the prosecution's accusation of illegally building bridges."

"However, regarding our charges of picking quarrels and provoking troubles, we believe that our original intention is good, and there is no act of forceful behavior."

"and."

"According to the evidence provided by us, our bridge construction does help the villagers to travel more conveniently, and there is no forced expropriation."

"In essence..."

"Our behavior does not constitute an impact on social order, and I ask the presiding judge to consider it from this aspect."

"at the same time."

"In the face of administrative penalties, we believe that the fault lies in the fact that administrative penalties are illegal."

"That's why we were fined 30 yuan."

"That is, we apply for the revocation of our administrative punishment."

"Judge, we have finished our statement."

After Su Bai finished his statement, the presiding judge Bai An set his sights on the seat of the accused party, the prosecutor Mo Xiao.

"The prosecution is invited to make a court statement."

"Good judge."

Mo Xiao sorted out his presentation materials briefly, and then spoke.

"Presiding judge, our court statement is as follows:"

"We believe that Zhang Laidong, the party concerned, has a legal factual basis for the construction of the bridge."

"The litigant cannot provide sufficient evidence to prove that Zhang Laidong, the party concerned, did not provoke trouble or disrupt social order."

"We believe that the judgment of the first instance should be upheld and Zhang Laidong sentenced to provoking trouble."

"Presiding judge, we have finished our court statement."

Boom boom boom!
After Mo Xiao's court statement was over, Bai An rang the hammer.

And turned to look at the accused Fang Meng Haiyang.

"The respondent, the water management station, is also invited to entrust a lawyer to make a court statement."

"Good judge."

Meng Haiyang nodded slightly, and then said: "Presiding judge, my court statement is as follows:"

"The party Zhang Laidong, the illegal construction of the bridge is a fact. The evidence and facts show that Zhang Laidong is indeed an illegal construction of the bridge for profit. The relevant departments have justified the punishment for him."

"It is also hoped that the court will consider this factual basis."

"Judge, we have finished our statement."

After all three parties finished their statements, the presiding judge Bai An.

Boom!Boom!Boom!
Ring the Hammer!
"The three parties have completed their statements."

"We will announce the results of the trial now!"

Clerk: "Everyone stand up, please let the presiding judge announce the trial results."

Swish swish.

Everyone at the trial stood up.

Among them, Zhang Laidong was the most nervous at the trial scene, his dark face was full of nervousness.

After all, this sentence is very important to him.

It doesn't matter how he is, the most important thing is not to influence the child because of himself.

Zhang Laidong held his breath tightly, and set his eyes on Su Bai.

Su Bai smiled and nodded, signaling him not to be too nervous.

As for the verdict in this court trial, at present, there is no big problem.

Boom boom boom!
The sound of the hammer sounded at the trial site, and all the attention of the audience fell on the presiding judge Bai An.

Bai An's eyes were locked on the court trial materials he was holding in both hands, and he slowly opened his mouth to read the trial results.

"The reason for this case is that Zhang Laidong, the litigant, refused to accept the first-instance judgment and sentenced him to six months' imprisonment for the crime of picking quarrels and provoking troubles."

"If you don't accept the administrative penalty, file a lawsuit and join the case together for trial."

"The applicable laws that this court has jurisdiction over this case are all in accordance with domestic laws."

"The result of the trial will be announced below."

"After the collegiate panel's research and judgment, for the claims made by the litigants."

"One: The lawsuit filed against the litigant to revoke the first-instance judgment, and it was determined that the first-instance judgment did not have strong evidence to prove that it provoked trouble."

"The present verdict is as follows:"

"The prosecution did not have sufficient reasons to prove and accuse Zhang Laidong of committing the crime of picking quarrels and provoking trouble."

"which is!"

"Announce the first-instance judgment and sentence Zhang Laidong not guilty!"

"Two: File a protest against the administrative penalty against the litigant."

"The party subject to the lawsuit violated the regulations on the management of administrative punishment. The punishment of Zhang Laidong was inappropriate. Because the administrative punishment violated the law, it is hereby revoked. The administrative punishment of Zhang Laidong!"

"We will not pursue Zhang Laidong's administrative penalty in the first instance."

"At the same time, the relevant departments are sentenced to no longer pursue Zhang Laidong's administrative punishment!"

"Three: Zhang Laidong needs to make a public apology for violating administrative punishment management regulations by the party subject to the lawsuit."

"but!"

"Zhang Laidong illegally built the bridge, the evidence is solid and the situation is true, and the parties have no objections."

"which is!"

"Decision! Zhang Laidong needs to negotiate with relevant departments!"

"The court will not hold Zhang Laidong accountable for the time being."

"Reject all the claims made by the party subject to the lawsuit!"

"According to the provisions of our country's procedural law, if the party subject to the lawsuit finds that there are any problems or doubts about the ruling, it can file a review and supervision with the relevant unit, or file a request for retrial."

"The verdict will be sent to both parties within ten days of the court closing."

Boom!
The dull voice of the court fell, surrounding the trial scene.

"Close the court!"

Accompanied by the serious voice of the presiding judge Bai An.

The trial is over!

Hearing the presiding judge's voice, Zhang Laidong's nervousness was finally released...

A trace of excitement appeared on the dark face...

PS: Ask for a monthly pass~

　chat~
　　In this case, I saw that the quarrel was too loud.

　　First, why did you choose this case?
　　I originally wanted to write about the charge of picking quarrels and provoking trouble.

　　When I first saw this case, it was not on the hot search, but I just felt that this case was very special and fit,

　　After reading the verdict, I decided to write this.

　　(I really don't mean to rub the hot search, I would rather not rub this hot search~)

　　Then when I decided to write this case and it had already been written, this case suddenly exploded on a short video.

　　There are also many lawyers who speak out. I was in a panic at the time, and I was afraid that I would write something wrong.

　　Of course, the content of the novel is processed in detail.

　　then.

　　There are all kinds of things said on the Internet, which is scary, but according to the official report, and according to the verdict, it is indeed picking quarrels and provoking troubles, and there are no other major problems.

　　Regarding what is said on the Internet, my suggestion is not to read it for the time being.

　　Although some of the statements are well-founded, the court's judgment is written like that.

　　pick a quarrel.

　　If there were any other circumstances, the court's judgment was definitely not like that.

　　Anyway, there are all kinds of things to say on the Internet, and everyone focuses on the verdict.

　　Specifically, let's talk about each other~
　　I won't write this kind of stuff in the future, sorry~

　　
　
(End of this chapter)