You became a lawyer and sent the judge in?

Chapter 166 Famous scene!Anger at the judge!

In court.

Su Bai rubbed the center of his brows. The other party's defense lawyer obviously didn't want to drag the topic to a place that was not good for him.

Started to run the train full of mouth...
What's the matter, you run the train with your mouth full, you want to take the postgraduate entrance examination?
On the plaintiff's seat, Xiao Feng finished his statement and looked up at the defendant.

Of course he knew what he was talking about.

but.….
The defense in the court trial is like this, and it disrupts the opponent's rhythm under unfavorable circumstances.

Do your best to lead the other party astray, and strive for the corresponding legal interests in litigation for your client.

The current situation is that the evidence in the trial and the defense of the other party are very unfavorable to the plaintiff, that is, Chen Meixia.

He can only make statements in this way, affecting the subjective intention and judgment of the presiding judge.

At the same time, facing Xiao Feng's lawsuit statement.

Su Bai countered and said, "We do not agree with the plaintiff's defense."

"The legal and factual basis are as follows:"

"According to Article 60 of the Civil Procedure Law No.[-], the burden of proof and verification."

"The parties concerned have the responsibility to provide evidence for their claims."

"Evidence that the parties and their agents ad litem cannot collect evidence on their own due to objective reasons, or evidence that the court deems necessary for the trial of the case, the court shall investigate and collect, or the parties request the court to conduct investigation and collection."

"The court should comprehensively and objectively review and verify evidence in accordance with legal procedures."

"The understanding and application of the Civil Procedure Law clearly express:"

"The plaintiff shall present evidence for the facts on which his claim is based, for the defendant's defense or counterclaim, and for the third party's claim against him.

That is to say, the different claims of the parties should be proved by the party who made the claim.

The parties concerned have the responsibility to provide evidence and prove the facts on which their own claims are based or the facts on which the opposing party's claims are based.

If there is no evidence or insufficient evidence to prove the factual claim of the party concerned, the party bearing the burden of proof shall bear the adverse consequences. "

"For evidence that cannot be collected by itself, the parties and their litigation representatives may request the court to obtain it."

"To put it simply, according to the law, Chen Meixia does not have enough evidence to prove that Zhang Dahu pushed her, so the court should rule that Zhang Dahu does not need to bear any responsibility according to the law, and dismiss Chen Meixia's claim."

"I hope that the court can return our client Zhang Dahu's innocence according to the content of the law."

Su Bai looked up at the presiding judge's seat.

In a civil lawsuit, whoever advocates shall provide evidence.

According to the relevant provisions of the law, if you can't produce evidence for your claim, then what is your claim?
Without evidence to form a chain of evidence, there is basically no problem with the judgment of this trial.

Although Chen Dahu couldn't come up with relevant evidence?
But you, Chen Meixia, couldn't produce relevant evidence.

Then the court would rule in favor of Chen Dahu under normal circumstances.

Or in other words, the court will dismiss Chen Meixia's lawsuit.

old saying.

If Zhang Dahu is judged to be responsible, then there is a problem with the judgment of the combined court.

How to solve the problem?

The judgment here was wrong, so I turned my head and went to the procuratorial inspection department to report it.

By the way, make a case.

Su Bai is very familiar with this aspect...
On the presiding judge's seat, Qian Wei pretended not to hear Su Bai's statement, and turned his head to look at the plaintiff's seat.

"The plaintiff, when you made your statement just now, did you say that Zhang Dahu took you to the hospital on his own initiative, and also paid the medical expenses in advance?"

Xiao Feng replied: "Yes, presiding judge."

Su Bai:? ? ?
Brows furrowed.

It’s not that I have laid out the laws and regulations and stated them all. Shouldn’t you ask the defendant, presiding judge?

Or directly ask the plaintiff if he has any objections... Let the plaintiff state his own opinion.

Now... what does it mean to ask this question?
Su Bai didn't make a sound, and silently looked at Qian Wei who was sitting on the presiding judge's seat.

Li Xuezhen froze for a moment, as if trying to understand something...
Calmly, he looked at Qian Wei who was sitting on the presiding judge's seat.

Qian Wei continued to ask: "Can the plaintiff tell us about the situation in the hospital at that time."

At this time, Xiao Feng signaled Li Zhuang who had been sitting at the side to speak.

Li Zhuang said: "Presiding judge, the situation in the hospital at that time was that when I arrived at the hospital, I saw Zhang Dahu."

"Zhang Dahu was at the door of my mother's emergency room. When I arrived, Zhang Dahu looked a little anxious, and then there was nothing else."

Qian Wei turned his head and looked at the defendant's seat: "Do you have any objections to Zhang Dahu's plaintiff's statement?"

Zhang Dahu: "Judge, I have no objection."

"En!" Qian Wei nodded, and continued to ask questions:
"According to the evidence and factual basis provided by the plaintiff, you paid for Chen Meixia's medical expenses in advance, right?"

Zhang Dahu nodded: "Yes, I paid in advance."

"Then what was your reason for paying the advance medical expenses at the hospital?"

Zhang Dahu frowned, and was slightly stunned for a few seconds: "Judge, I don't understand what you mean..."

Qian Wei stated and emphasized again:
"My question is, why did you pay for Chen Meixia's medical expenses? What did you think when you paid for it?"

"Oh...the presiding judge, I understand."

"I didn't think about it at the time, because if the hospital provides emergency treatment, it needs to pay the medical expenses in advance. If you don't pay in advance, the hospital will not deal with it. There is no other way. I can only pay in advance."

Qian Wei glanced at the lawsuit materials, looked up at Zhang Dahu, and continued to ask:

"Then you paid in advance out of good intentions, didn't you ask the other party to repay it? Did you not ask for anything in return for your brave deeds?"

Qian Wei's words made Su Bai understand instantly.

Good guy!
This is for him!

Because he stated before that Zhang Dahu paid the medical expenses in advance, and the money was quite loaned to Chen Meixia.

Return is required.

Now Qian Wei asked this question.

Isn't the purpose already obvious?

Want to judge the inconsistency between the statement of the agent ad litem and the subjective wishes of the client through clichés?
Overturn the claim, so as to further determine that the plaintiff lost the lawsuit?

To put it more seriously, there are even suspicions of forgery...
And what is the most important thing about this question?
The most important thing is that there is still a suspicion of guidance!
As the presiding judge, should I ask such a question?

Not at all!
You, a presiding judge, question with subjectivity and inducement?

Unbelievable!

Su Bai raised his hand to signal: "Judge, we believe that this question is subjective and inductive. We refuse to answer this question!"

Qian Wei:? ? ?
dong dong!

"Reject the plaintiff's point of view!"

"According to the relevant laws and regulations in court, lawyers have the right to question behaviors and behaviors that do not comply with the law."

"Please also tell me, the presiding judge, what are the reasons for rejecting our point of view?"

"The reason is that the question is not leading."

Qian Wei glanced at Su Bai, wondering if he was unwilling to entangle on this issue, and then changed the way of asking:
"When you paid the medical expenses in advance, did you ever think about asking the person to pay you back?"

This way of asking...is a normal question.

Qian Wei took a step back, and Su Bai didn't continue to dwell on this issue.

And Zhang Dahu saw the collision of words between Su Bai and the presiding judge just now, and knew that this question was not easy to answer, and he was not sure what he should say.

Confused, he set his eyes on Su Bai.

Su Bai had communicated with Zhang Dahu on various issues before, and knew what Zhang Dahu was thinking.

So he said softly: "Say what you want to say..."

dong dong!

Qian Wei struck the gavel.

"The defendant, please answer this question."

Zhang Dahu heaved a sigh of relief after hearing what Su Bai said.

"The presiding judge... My thought at the time was to send the person to the hospital. According to the regulations of the hospital, the medical expenses must be paid. Then I thought that I would pay the medical expenses first, and wait until Chen Meixia's family came. Tell them about my advance payment of medical expenses."

"The medical expenses paid in advance are quite a lot for me and my family. I have never said that I don't want the medical expenses paid in advance."

Boom!
Qian Wei frowned slightly, looked at Zhang Dahu, and continued to ask:

"According to the hospital's payment certificate, you have paid medical expenses in advance more than once, and it is divided into three times in total.

The first time was when you just sent Chen Meixia to the hospital, and you paid for the medical expenses in advance.

The second time was for Chen Meixia's family members. Before they came, the hospital informed you that the expenses were not enough, and you paid the medical expenses again.

The third time is that Chen Meixia's family members have already arrived at the hospital. In this case, why do you continue to pay the medical expenses? "

this problem.…

why?
Upon hearing this inquiry, Zhang Dahu became excited instantly:
"That's because Chen Meixia's family insisted on saying that I was the one who hit her, and they insisted on stopping me, not letting me go, and making me continue to pay the medical bills."

"I have no choice but to continue to pay the medical expenses."

Boom!
"Chen Meixia's family stopped you and said that you hit her, but didn't you explain it to them?"

"Did you tell Chen Meixia's family at that time that you did not hit her, and that you had already paid the medical expenses in advance, and asked them for the medical expenses paid in advance?"

Zhang Dahu: "I told Chen Meixia's family that I didn't hit the person. At that time, they insisted that I was the one who hit the person. I had no choice, so I continued to pay the medical expenses in advance. They said I was the one who hit the person. If they want me to pay the medical expenses in advance, I will ask them whether they will come back."

Faced with Qian Wei's approaching inquiries, Zhang Dahu was clearly anxious.

But it's not his fault...

Because the purpose of Qian Wei's inquiry is to approach step by step.

Su Bai could see that... Although the other party's actions are immoral, they did not violate the law.

dong dong!

Qian Wei sounded the gavel again: "The defendant is a little emotional, please control your emotions."

Continue to ask:

"Defendant, according to your statement, at that time, Chen Meixia's family said that you were the one who hit the person, but you knew in your heart that it was not you who hit the person. Why didn't you argue or report the case?

Also, why faced with the accusation against you by Chen Meixia's family, you still have to pay the medical expenses in advance when you know that you have been wronged?

What are your thoughts on paying medical expenses in advance for the third time? "

Faced with Qian Wei's repeated questions, Zhang Dahu opened his mouth to explain.

"Presiding judge, I was only helping Chen Meixia out of good intentions. I didn't expect to meet such a difficult family member of Chen Meixia."

"I didn't report the case because I didn't expect it at the time... I felt that this matter was because I kindly did a favor. The other party misunderstood me, and some of them thought it was unnecessary to call the police."

"In addition, I also feel that after Chen Meixia wakes up, their misunderstanding about me may be resolved."

"When the time comes, I will pay back my medical bills... There is no need to continue the dispute, and I have paid the medical bills for the first two times in advance. I thought in my heart that this time is not bad. Now I can't explain clearly. It's a big deal. Wait until it is clarified and ask to come back again."

"But I didn't expect that Chen Meixia said well at the beginning, saying that she would compensate me for medical expenses, and that she would thank me, but turned around and claimed 40 yuan in medical expenses from me."

"Judge, I just want to get back my own money..."

"I don't have any other purpose. I'm a good person and good deed. Can't I pay the medical expenses in advance? Can't I want my money back?"

"I'm a good person, am I wrong?"

Chen Dahu spoke emotionally.

On the trial platform, the presiding judge Qian Wei struck the gavel.

"Second reminder, please pay attention to your emotions!"

The gavel sounded, and the muffled sound was particularly harsh.

In the courtroom, everyone was silent.

In the seats of the collegial panel, Zhu Yuanfang and Xie Mingyan both looked at Qian Wei after listening to Zhang Dahu's narration.

When the two of them wanted to say something.

But seeing Qian Wei knocking on the gavel
Qian Wei continued to speak without changing his face, but gave up again.

"Zhang Dahu, on the day of the incident, did you encounter this situation on your way to work?"

"Yes presiding judge."

Zhang Dahu nodded after calming down.

"Then why did you encounter this situation on the way to work, and you were willing to take the initiative to help Chen Meixia go to the hospital? Is this in line with common sense and experience in life?"

Su Bai:? ? ?
Zhang Dahu:? ? ?

Even Xiao Feng was surprised, huh? !

"Also ask the defendant to answer the question."

What kind of shit question?
I have already asked a series of questions, and I still ask this, the last question is simply out of line.

Su Bai raised his hand to signal:

"Presiding judge, as the attorney representing my client, I have something to say here."

"May I ask the presiding judge, can Zhang Dahu do good deeds? Do good deeds when he is not at work? What does this have to do with common sense?"

"Our client Zhang Dahu has already stated that he sent Chen Meixia to the hospital out of good intentions."

"It's a virtue that has nothing to do with common sense."

"It's like saving people. According to the law, if you don't carry out rescue within the scope of your ability to save people, it is an illegal act."

"Our client Zhang Dahu has the ability to help Chen Meixia, and then he will help."

"Any questions?"

"Presiding judge, in the courtroom, although we pay attention to making judgments based on common sense.

But it is more important to make judgments based on evidence.Our country's law stipulates who claims, who produces evidence!
The other party has no evidence and no basis, so the presiding judge questioned our client Zhang Dahu so aggressively.

I think the presiding judge has violated the fairness of a judge and seriously deviated from the fairness and justice of the law! "

dong dong!

Qian Wei's face was not very good-looking, but he still ignored Su Bai's words.

Continue to speak:
"Please explain to the defendant.

Chen Meixia was not knocked down by Zhang Dahu, why did Zhang Dahu help her up and send her to the hospital? "

"And pay medical expenses three times in a row."

"Another point is that when Zhang Dahu was in the hospital, he knew that he was acting bravely and doing good deeds.

Facing Chen Meixia's family members, why didn't Zhang Dahu argue with reason, why didn't he strongly express his brave behavior and refused to pay the medical expenses.

Based on the combination of the above points, can the defendant fully express Chen Dahu's thoughts at that time? "

Su Bai:? ! ?
What question is this TM asking?
I have already said it several times, it was a brave act of righteousness that prompted Zhang Dahu to do the following behavior.

No!

The presiding judge, Qian Wei, doesn't have any empathy, and hasn't done any good deeds, right?

The inner thoughts are so outrageous.

You think that there can be no kindness without reason, which can help send people to the hospital and pay for medical expenses, right?
It was the first time that Su Bai encountered this kind of presiding judge, and it was completely free testimony.

"Presiding judge, our side has already stated... Zhang Dahu did these things out of the essence of righteousness and bravery. Helping and helping is also a kind of kindness in the heart, not the so-called you did not hit it, you did it. Why did you help her, why did you send her to the hospital!"

"If the presiding judge insists that Zhang Dahu knocked Chen Meixia down, then based on the facts, only Chen Meixia's confession can be used as supporting evidence, according to the relevant content of the evidence in the Civil Procedure Law."

"Single auxiliary evidence cannot form a chain of evidence, and without a chain of evidence, it cannot be judged that Zhang Dahu bears civil liability for compensation."

"We believe that Zhang Dahu has no corresponding responsibility to bear."

"And we believe that the presiding judge's words and deeds are strongly subjective and completely inconsistent with a judge's view of the fairness and justice of the law!"

"Is there a necessary correlation between sending someone to the hospital and hitting someone?"

"not at all!"

"Then why does the presiding judge insist on this point?"

"Do all the members of the collegial panel think so?!"

Su Bai looked sharply at the seats on the trial bench.
.
.... ...

On the seats of the trial bench, Zhu Yuanfang and Xie Mingyan, the other two members of the collegial panel, saw this kind of fierce confrontation with the trial members for the first time.

However, what Su Bai said was reasonable and well-founded, and his speech at the trial was not inappropriate.

The courtroom was silent for more than ten seconds.

Xiao Feng in the plaintiff's seat was numb...

Is this Su Bai, the gold medal lawyer of Baijun Law Firm?

Question the presiding judge directly in civil proceedings.

Good guy...not only questioning the presiding judge, but also questioning the members of the collegial panel.

This... admire!
Sure enough, it is a barrister. Generally speaking, if you are not a barrister, you would not dare to do this at all.

Rare!

Xiao Feng recited it silently in his heart, and looked up at the seats on the judgment bench.

The members of the collegial panel should be the last ones to step down now.

indeed.

It is indeed rare for a collegial panel to face these situations.

Few people questioned the collegial panel on the spot, especially in civil litigation.

On the court seat.

Zhu Yuanfang also knew that it was Qian Wei who did it this time as the presiding judge, and he was indeed not that qualified.

but.…

In the past, the former committee served as the presiding judge, even when trying some controversial civil lawsuits.

It's not like this...

What happened this time?

Zhu Yuanfang didn't quite understand, so he sighed inwardly, didn't continue to think about it, and came out to smooth things over:
"Okay, the defendant's lawyer should not be so excited, and stabilize his emotions first."

After flipping through two more pages of litigation materials, his eyes fell on Qian Wei.

Noticing that Qian Wei's complexion was wrong, he said softly:
"Now the plea and defense of the court trial is almost done, let's make a court statement."

Qian Weichang let out a breath, his mood calmed down, he nodded his head unobtrusively, and did not respond to Su Bai's question.

Open your mouth slowly:
"Regarding this trial, does the plaintiff have any other factual basis or evidence that needs to be presented?"

The factual basis and evidence that should have been presented have all been presented.

And according to the presiding judge Qian Wei's questioning of Zhang Dahu step by step, and the counter-examination of the defendant's lawyer Su Bai.

The key to this trial is no longer the plaintiff, but the decision of the presiding judge and the members of the collegial panel.

Xiao Feng knew this very well in his heart.

In fact, the plaintiff could not come up with more evidence or factual basis.

Xiao Feng said: "Judge, the plaintiff has no other factual basis or evidence to present."

dong dong!

"Then the court case begins now."

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

"Okay, presiding judge."

Xiao Feng flipped through the litigation materials and extracted relevant content related to the statement.

Immediately afterwards, he said: "My statement to the court is as follows:"

"We believe that our main client, Chen Meixia, did not have the right to fall down or have an accident happen to her under the circumstances at that time."

"Zhang Dahu, as the first person to discover Chen Meixia, is suspected of assaulting someone."

"Based on this, we believe that Zhang Dahu does not have enough evidence to show that the other party does not have the conditions to hit someone."

"And Zhang Dahu has no factual basis and evidence to prove or refute this point."

"According to the pleading and defense just now, Zhang Dahu has acted bravely to explain why he paid medical expenses in advance three times and took the initiative to help Chen Meixia to the hospital during work."

"There is no evidence for this kind of rhetoric of acting bravely to show that he is subjectively acting bravely, and has the motivation to use this to escape his own responsibility and suspicion."

"That is to say, we believe that Zhang Dahu originally intended to escape his relevant responsibilities, and did not intend to bear civil liability for compensation, and the contents of his pleading were all excuses and reasons for evading responsibility.

Therefore, Zhang Dahu needs to bear corresponding responsibilities for Chen Meixia's medical expenses, mental loss expenses and subsequent medical compensation expenses. "

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

dong dong!

"Let's invite the defendant to make a statement."

Hearing that he was about to enter the court to make a statement, Su Bai let out a long breath. This court trial can be said to be the most outrageous one he has ever fought...

Um.…?
It was indeed the most outrageous trial ever.

No matter from which point of view, this trial is very outrageous.

Especially the attitude of the presiding judge.

In fact, the trial was over when he stated the legal regulations on who advocated and who gave evidence.

But the presiding judge, Qian Wei, has been questioning Zhang Dahu, which is completely unreasonable.

From the presiding judge's point of view, if he hadn't grasped the direct result of Zhang Dahu knocking Chen Meixia down, he would have further searched for evidence chains from Zhang Dahu's language loopholes.

It is impossible to question a party in such a way in court.

Unless there are other circumstances, the situation just now will appear.  …

For example, certain illegal activities.

If there are other circumstances, then it doesn't make any sense for him to say more.

Even if he had really defended the other party, the judgment in the court would determine that Zhang Dahu should bear the corresponding civil liability for compensation.

Simply put, the court statement said less.

It is really necessary to judge that Zhang Dahu bears civil liability, and he will directly file a supervisory review to finish the matter...

Thinking of this, Su Bai said: "Presiding judge, my court statement is as follows:"

"Based on the law and civil litigation, we refuted this trial and requested the dismissal of the plaintiff's application."

"We have a law to follow."

"I also ask the collegiate panel to consider the evidentiary principle of who claims who should provide evidence to make a judgment on this case."

"Judge, we have finished our statement."

After Su Bai finished his statement...he looked up at the presiding judge's seat.

Qian Wei, who was on the presiding judge's seat, sounded the gavel with a blank expression on his face.

dong dong!

"Now enter the adjournment stage, the one-hour adjournment ends, and the verdict will be announced in court."

Accompanied by the members of the collegial panel leaving the seat of the trial table.

In court.

Chen Meixia showed a smug smile, Xiao Feng saw this, kept silent and didn't speak.

He is just an entrusted lawyer, trying his best to advocate the rights of his client, and the rest has nothing to do with him.

And the defendant's seat.

Zhang Dahu seemed a little nervous, because during the trial just now, he could feel the invisible pressure from the presiding judge.

Being asked aggressively all the time, anyone would have a bad feeling.

Moreover, the attitude of the members of the collegial panel made him feel that the trial was a bit troublesome, and he had a premonition that he might lose the case.

Zhang Dahu turned his head to look at Su Bai: "Lawyer Su...Lawyer Su, what do you think the final judgment will be?"

Su Bai shook his head, he really didn't know about this.

Because today's trial is completely different from previous trials.

In terms of defense, he believed that the presiding judge was very subjective, that is, he decided that Zhang Dahu bumped into Chen Meixia, and deduced the process from the conclusion.

This is considered a wrong approach in court.

Because if the derivation process is carried out from the conclusion, an unequal condition is formed in the program.

The greater the individual subjectivity of the trial members, the greater the possibility of wrongful convictions if the process is deduced from the conclusions.

Because asserted facts are not the same as established facts.

call.….
Su Bai exhaled lightly, and smiled: "Don't worry... If you are not responsible for this case, the law will definitely clear you up."

"If the judgment of the first instance judges that you are not responsible, it's okay to say that if it is judged to be responsible...then you can file a lawsuit for the second instance."

"It's just that there may be some troubles in terms of time and procedures."

"At that time, our Baijun Law Firm will make arrangements..."

"Okay, thank you, Lawyer Su!"

After hearing Su Bai's answer, Zhang Dahu was obviously relieved.

Li Xuezhen on the side, after hearing Su Bai's words, kept echoing in her mind, the words judged to be responsible.

"If we really lose the case in the first instance and are judged responsible, what should we do next?"

Su Bai smiled: "Lawyer Li, don't you know what to do?"

Xiao Li's eyes were biu biu shining, looking forward to the hearing.
.
 …
The members of the collegial panel discuss the room.

Qian Wei, Zhu Yuanfang and Xie Mingyan were all sitting on the sofa.

Zhu Yuanfang frowned slightly, and looked at Qian Wei: "Presiding Judge Qian, how should this case be judged?"

Qian Wei took a sip of tea, then spoke slowly:
"Based on the defense of the lawsuit and the evidence at the trial, I think Zhang Dahu is the one who bumped into Chen Meixia, and he needs to bear due responsibility."

"Do you two have any opinions on this?"

Zhu Yuanfang and Xie Mingyan frowned at the same time.

No comment?
How could there be no opinion?
"Presiding Judge Qian, but according to the rules of the Civil Procedure Law, whoever advocates who presents evidence, Chen Meixia is completely unable to produce factual evidence of Zhang Dahu's assault. Isn't it a bit unreasonable to make such a judgment?"

Zhu Yuanfang asked questions.

Xie Mingyan also took over the words: "I feel that it is indeed a bit unreasonable... mainly because the evidence is incomplete, only Chen Meixia's statement and the testimony of passers-by, so this judgment is not appropriate?"

"What's more...that Su Bai is very difficult in our legal circle in Southern Metropolis. I don't think this judgment is very reasonable. Will the follow-up be very troublesome."

Thinking of that phone call, Qian Wei smiled:
"Based on the defense of the defendant's lawsuit, such a judgment is indeed somewhat unreasonable."

"But if you look at it from the plaintiff's point of view, it's reasonable."

"Look... Chen Meixia fainted, Zhang Dahu advanced the medical expenses many times in order to be brave, and even advanced the medical expenses again after relatives and family members came. Is this reasonable?"

"The essence of this case is that Zhang Dahu knew that there was no evidence, so he insisted that he was acting bravely and wanted to evade responsibility. This kind of problem has appeared many times in civil lawsuits... I think there is no problem in judging Zhang Dahu to bear the responsibility. "

"But... what is the basis for the judgment? There is no evidence!"

Qian Wei signaled the two of them to be okay: "It doesn't matter if there is no evidence."

"The judgment is based on a high degree of probability, and the civil lawsuit in this trial is highly probable."

A high degree of probability. . . is the civil proof rule.

Article 01 of Several Provisions on Evidence in Civil Procedures Announced by the Supreme Court in 73.

In a civil lawsuit, both parties present opposing evidence for the same fact.

But there is not enough basis to deny the other party's evidence.

The court should, based on the facts of the case, judge whether the evidence provided by one party is more powerful than the evidence provided by the other party, and confirm the evidence of the party with greater evidentiary force.

to be honest.

That is, when neither party has sufficient evidence, how to judge the presiding judge has the final say.

So for Su Bai, Qian Wei didn't take it too seriously at all, because this lawsuit is a civil lawsuit, and the high probability is not a violation.

Even if he judged that Chen Meixia won the case, there would be no problem.

What can Su Bai do with him?I can't handle him at all!
What's the problem with this sentence?No problem either!

He believes that the strength of the evidence lies with the plaintiff, and the favorable point of the evidence lies with the plaintiff. Is there any problem in judging that the plaintiff wins the case?

No problem at all.

Even if in fact Zhang Dahu didn't hit that one, what happened?He sentenced it like this, since there is no problem, he will sentence it like this.

Zhu Yuanfang and Xie Mingyan looked at each other with high probability, sighed slightly, and both of them fell silent.

"Well, this decision is mainly based on the opinion of Chief Judge Qian, right?"

Qian Wei nodded: "Yeah!"

Seeing that Qian Wei nodded in response, neither of them continued to say anything.
.
 …
Soon adjournment, time is up.

In the sound of the clerk opening the court again, three members of the collegial panel walked to the court hearing stage.

Boom boom boom!
Qian Wei struck the gavel.

"The adjournment is over, and now the court is reopening, and the verdict is ready to be pronounced."

"The cause of the case: the plaintiff believes that the defendant knocked him down, and demands compensation for medical expenses, mental loss expenses and follow-up treatment expenses, so as to file a lawsuit."

"This court has jurisdiction over the case, and the applicable laws are all in accordance with domestic laws."

"After the collegial panel's research and decision, the judgment of this case is as follows:"

"One: The plaintiff's fall and coma were not caused by disease, but by external factors.

According to the analysis of daily life experience, in addition to tripping, slipping and other self-caused situations caused by external force factors, there are also situations of knocking or knocking down by external force factors of others.

Both parties did not state during the trial that Chen Meixia tripped or slipped, and the defendant did not provide corresponding evidence to the contrary.

According to the existing evidence in this case, it is determined that Chen Meixia was knocked down or touched by external factors.

According to life experience, after a person is knocked down by an external force, the first thing to determine is the source of the knocked down person.

Identify the person who knocked the person down.

According to the evidence of this case and Chen Meixia's statement, Zhang Dahu was identified immediately.

From the analysis of common sense, it is very likely that Chen Meixia was knocked down by Zhang Dahu.

Bing: If Zhang Dahu did good deeds out of righteousness, then the first thing he should do is to find the person who knocked down Chen Meixia.

According to social reasoning, before Chen Meixia's family member Li Zhuang arrived at the hospital, he should leave the hospital after paying the first medical expenses in advance.

Instead of continuing to stay in the hospital, pay the second and third medical expenses.

And if Zhang Dahu acted bravely after Li Zhuang arrived at the hospital, he should have explained the situation as soon as possible, instead of continuing to pay the third medical fee when Li Zhuang believed that Zhang Dahu was the person who knocked down Chen Meixia.

Based on the above analysis, it was judged that Zhang Dahu was the person responsible for knocking down Chen Meixia. "

"Second: Zhang Dahu was judged to compensate Chen Meixia for medical expenses, mental damage expenses and follow-up treatment expenses of 40 yuan."

"Three: It is judged that the plaintiff's litigation costs and attorney's fees shall be borne by the defendant."

"The case was judged by the Nandu Dongcheng Court in the first instance."

"If both the plaintiff and the defendant have any objections or doubts about this judgment, they can file a retrial with the Nandu Intermediate Court, or submit a request for review to the relevant supervision and review department."

"The verdict will be issued within ten days to the delivery addresses filled in by both the plaintiff and the defendant."

"Close the court!"

Boom boom boom!
The sound of the gavel also meant that the trial was over.

? ? ? ?
What does this final judgment mean?
It was determined that Zhang Dahu was the person who knocked down Chen Meixia.

A lot has been said before.

Based on life experience, social reason, and human nature analysis, is this the only way to judge Zhang Dahu as the person responsible for knocking down Chen Meixia?

You have no evidence, so you just analyze based on life experience and social reason, right?
If you judge according to the above, do you still have few wrongful cases?

Evidence is not talked about in court, but life experience, right?
it is good!
Let's not talk about anything else, let's not talk about whether Zhang Dahu really bumped into Chen Meixia.

Even if it really hit you, without evidence, can you make a blind judgment?

You base your life experience on the basis of your life experience, isn’t it up to you?

what?

The power of legal interpretation is in your hands!

The presiding judge does not look at the evidence, but at the experience of life. Isn't that pure nonsense?

Some wrongful convictions are caused by such highly subjective behaviors.

Are you worthy of your badge? !

Su Bai quickly packed up the litigation materials in front of him, and then waved his hand for Li Xuezhen to follow.

Li Xuezhen was curious: "Lawyer Su, where are we going so quickly?"

"Go to the inspection department next door."

Li Xuezhen opened her eyes wide, surprise written all over her face:! ! ! !

"Go to the prosecution department?!"

"Okay! Lawyer Su!"

Li Xuezhen trotted to catch up with Su Bai.

Others at the court hearing: ? ? ?
Qian Wei frowned slightly: This is the same as the rumors in Nandu... If there is a disagreement, he will go to the prosecution department.

just go.

Qian Wei pretended to be calm, so what if he went... His judgment was based on the legal basis, and there was no problem...

The procuratorial department came... At worst, the lawsuit was withdrawn, and it was determined that there were certain problems with his judgment.

What else can I send him in?
And the two people beside Qian Wei, Zhu Yuanfang and Xie Mingyan, couldn't help but shudder when they heard the conversation.

The other party went directly to the supervision and inspection department, so nothing will happen, right?
After looking at each other.

They all seemed a little nervous, but thinking about it again, this judgment and the research of the collegial panel were all led by Qian Wei... and I couldn't help but breathe a sigh of relief.

For some reason, Su Bai left the trial scene with Li Xuezhen and Zhang Dahu.

Qian Wei was also a little unsteady...

No, really went?
PS: Ask for a monthly pass~

　Two in one~
　　
　
(End of this chapter)