You became a lawyer and sent the judge in?

Chapter 331 Trial: One versus five, defendant: How can we lose without even looking at who we are?

If food, industry, commerce and health are brought to court, it is still a normal administrative lawsuit.

Then the reconsideration unit already falls under the jurisdiction of the administrative locality.

This time it can be said that four departments and a third-party supermarket were sued to court together.

Five defendants in total!

To be honest...this kind of situation is relatively rare in civil and administrative cases.

It can even be said to explode.

After all...who sues five at once?

Isn't that completely outrageous? .

....

Filing a lawsuit is relatively simple. The court of first instance is the Jinshi Nan District Basic Court.

Then to file a second instance, you only need to submit relevant litigation materials to the Tianjin Intermediate Court.

It's just that among the issues involved in this case, there are relatively many situations.

And in civil cases, you generally need to collect relevant evidence clues yourself.

Because in general civil litigation cases, the basis is who claims and who gives evidence.

If the plaintiff files an appeal request, the plaintiff must produce relevant evidence to sue the defendant.

The defendant will be sentenced based on relevant evidence.

In terms of evidence, Xiao Pingjun's preservation is relatively complete.

Moreover, several other family members of children suffering from food poisoning also retained the original tickets purchased and relevant certificates from the hospital.

It can be proven that food poisoning occurred due to expired food purchased in the supermarket.

There are not many problems with the evidence in this case.

The reason why the first instance was lost.

It was because at that time, Xiao Pingjun’s attorney made mistakes in the main content of the lawsuit and the starting point of the lawsuit.

This led to the final failure of the lawsuit.

The existing circumstances and evidence are much richer than those in the first trial.

So in the second instance.

If the presiding judge does not intervene judicially, the case will basically not be lost.

One more thing…

For example, in some simple administrative cases, there will be no administrative interference in the judiciary.

Because the Public Security Bureau and the relevant administrative departments are in a state of irrelevance.

Generally speaking, Su Bai believes that there are no other major problems in this case.

Even if there is, it is only in the execution stage and there is a certain degree of difficulty.
.

....

soon.

After Su Bai sorted out the relevant evidence and new facts.

An appeal was filed.

The case encountered no other circumstances during the appeal stage.

The court accepted the appeal request of the second instance in this case.

For administrative cases, as well as incidentally related third parties.

A common practice on the part of the courts is to conduct relevant mediation first.

The presiding judge who accepted the case this time, named Peng Guangliang, set the time for the trial.

Peng Guangliang contacted Su Bai and wanted to ask for opinions on reconciliation:

"The appellant has entrusted a lawyer to sue five defendants at once, four of whom are administrative."

"There is also a review unit. Isn't this a bit much?"

"I would like to ask your opinion, can this case be settled?"

Su Bai said: "Judge Peng, this case is not about whether I want to settle or not."

"This is a case where the claims of our client and other victims cannot be resolved."

"If the defendant can handle the matter in accordance with the relevant claims of our appellant, then I will directly withdraw the case."

"May I?"

Su Bai could understand the judge's approach.

However, he acted as the authorized attorney.

Everything must be based on the client’s claims at the time.

This case has already reached the level of appeal.

That definitely can't be solved.

Even if he wants to reconcile, what about the defendant? Is the defendant willing to settle?

Not necessarily!

As a judge of the Administrative Tribunal, Peng Guangliang shook his head when he heard this request.

This kind of case... To be honest, as a judge, I also find it very difficult.

Because this kind of case is difficult to handle.

You decide, it’s not easy to enforce, it’s a slap in the face to your peers.

Let’s not judge...according to the law, it’s hard not to judge.

So under normal circumstances, he would ask the appellant and the defendant to reach a settlement.

To be honest, as a judge, he is the one who is in the most difficult situation in this kind of case.

Following normal procedures, Peng Guangliang contacted other departments and proposed reconciliation.

Discuss whether this matter can be reconciled.

But the response from other departments is that if they are willing to litigate, then litigate.

Reconciliation is certainly not possible.

File a lawsuit against them?

Come on!

Are they still worried about litigation? Definitely not worried!

Peng Guangliang: .....

....

On the other side, Jinshi Nan District.

Dafa Supermarket, in the general manager’s office.

Wang Hai was sitting in his office, frowning slightly as he looked at the summons submitted by the court.

Dafa Supermarket was founded by Wang Hai and has been in the Southern District for about ten years.

To be honest, opening a supermarket usually requires dealing with industrial and commercial, food, health and other departments.

He has been here for more than ten years and nothing has happened to him before.

Who would have thought that this time Xiao Pingjun bought expired food from him, and not only wanted to fight him in the first instance, but also wanted to fight him in the second instance!

They even asked the supermarket to close for a few days, inspect expired food, make a public apology, and pay compensation.

Let’s not talk about the damage caused by being closed for a few days, but let’s talk about the impact of a public apology...

If he made a public apology, wouldn't that completely damage his reputation?

Originally, I thought I would just pay a few hundred yuan per person.

But the other party insisted on complaining to the relevant departments.

In this case, don’t even want these hundreds of dollars!

It's better to spend the money to maintain the relationship.

Looking at the summons, Wang Hai didn't know who he called. After the call was connected, he smiled and said: "Brother Zhang."

"Yeah.…"

"It's the same thing as before. It's all my fault that I didn't supervise employees to check expired food, which resulted in a batch of snacks becoming expired."

"Yes, yes, yes, this is my fault, and I know it... I didn't say it was right." "To be honest... I also want to compensate, but his request is too much."

"And he also complained to our department. Brother Zhang, you also know that my supermarket cannot withstand such a big hassle."

"Yes Yes Yes.…"

"What? The court summons has been sent to you, and to several other departments?"

"Okay, okay...I understand, thank you, Brother Zhang."

After hanging up the phone, Wang Hai took a long breath.

Let's file this case and see what happens in the end.

From Wang Hai's point of view, the appellant in this lawsuit sued so many departments at once.

If you sue like this, it would be strange if you can win!
.

....

However, on the eve of the trial of this case, Su Bai applied for a public hearing.

Regarding this point, the court also agreed to Su Bai's request for a public hearing.

soon.…

The day of court arrived.

In the waiting room, Li Xuezhen's eyes were shining brightly.

Review the information of the departments and units involved in this case one by one.

Then he looked up at Su Bai:

"Lawyer Su... There is no problem in winning the trial this time, but in terms of execution, what should we do?"

Su Bai smiled and said: "As long as the verdict is successful, it will be difficult for the court to proceed with the subsequent execution."

"We still have other ways."

"Do not worry.…"

"Oh, good Lawyer Su!"

Li Xuezhen nodded solemnly with a small face.

The staff brought all parties into the court hearing room.

This time the court proceedings involved relatively many defendants.

among them--

Health, food supervision, industry and commerce and reconsideration belong to the same category.

It only needs to be determined whether it has performed any action.

The third party suing Dafa Supermarket is the key point involved in this case.

Of course, the key point is whether the other parties have the basis to be suspected of violating the law.

Why do you say that?

Because to make a complaint first, there must be a reason for the complaint.

To determine whether other parties have failed to act, it is necessary to determine whether the complaint is genuine.

The basic defense points of the case have almost been settled.

At the plaintiff's seat, Su Bai briefly sorted out the litigation materials, and then looked at the defendant's seat.

This time, the defendant's seat was filled with relevant lawyers and relevant personnel involved.

To be honest, although this case involves many defendants, the structure of the case is not complicated.

On the bench, Peng Guangliang looked at Liu Fang under the bench, feeling a little numb.

Previously, mediation was not completed, and now relevant decisions can only be made through court hearings.

It is rare for so many defendants to appear at once!

After gathering his emotions, Peng Guangliang looked at the litigation materials and spoke slowly:

"In this court hearing, the plaintiff accused the defendant Dafa Supermarket of selling expired food and causing food poisoning in many children."

"Demand for compensation and a public apology."

"in addition.…"

"Administrative lawsuits were filed against the defendants such as the health, industry and commerce, food inspection, and reconsideration departments."

"The basis for filing an administrative lawsuit is that the above departments did not punish Dafa Supermarket in accordance with relevant laws and regulations."

"The review unit did not conduct a real investigation into the review."

"Based on the above, an administrative lawsuit was filed."

"And require the above departments to carry out relevant management and punishment of Dafa Supermarket in accordance with laws and regulations."

"This trial will be handled by the Tianjin Intermediate People's Court in a public hearing."

"Now the plaintiff is invited to make relevant statements regarding the appeal application."

"Good judge."

When the presiding judge asked the plaintiff to make a statement, Su Bai spoke:

"The presiding judge...Based on the evidence we provided, it is obvious that the defendant Dafa Supermarket is suspected of selling expired food."

"Dafa Supermarket's behavior of selling expired food has violated the food safety law."

"The sale of expired food by Dafa Supermarket should be managed and supervised by the industrial and commercial and food supervision authorities."

"also."

"In Dafa Supermarket, the expired food sold caused food poisoning."

"Especially when it comes to food poisoning in infants and young children, follow relevant laws and regulations."

"It should be under the jurisdiction of the health department."

"In this case, we made multiple complaints to the above departments."

"Complaint that Dafa Supermarket sells expired food, causing food poisoning in infants and young children."

"However, we did not receive a reply, and we did not impose penalties on Dafa Supermarket in accordance with relevant regulations."

"based on above."

"We can absolutely believe that there was a case of laziness involved."

"In this regard, we raised the above and requested that relevant personnel be punished."

"And order the above departments to punish Dafa Supermarket."

"The above is the above application submitted by us."

After Su Bai finished stating the above-mentioned materials he had written in advance, he raised his head and glanced at the presiding judge's seat.

The evidence in this case is conclusive, and the question of whether one has slacked off or failed to act mainly depends on how the presiding judge makes the determination.

only.…

The five defendants sitting at the defendant's table.

Su Bai's appeal request included the issue of accountability for relevant personnel.

Some of the department personnel who came to attend the trial even smiled.

what?

Even if you sue them, you still want to pursue the relevant responsible persons?

What are you thinking about?

Let’s not talk about anything else. In this trial, there were five defendants, four of whom were administrative units.

Based on this alone, can the court really rule them out? ! .

....

PS: Please give me a monthly ticket~

(End of this chapter)