You became a lawyer and sent the judge in?

Chapter 334: All parties protested, and the trial exploded

for this trial.

The difficulty has always been how to plead in court, or how to make a judgment in this trial.

Because from the perspective of fact certification and corresponding laws and regulations.

Did the defendant's industrial and commercial, health, food, and reconsideration departments fail to act?

In the relevant provisions of administrative law, the provisions of inaction include failure to deal with and delay in handling, as well as failure to respond.

These are all prescribed explanations for inaction given by relevant laws.

The four relevant departments of the defendant must have failed to act.

Through identification of relevant facts and relevant evidence.

Let’s not talk about anything else.

The relevant departments of the defendant have already involved the failure to follow up on Dafa Supermarket and review the facts in accordance with the complainant and relevant laws and regulations.

Let’s start with the first industrial and commercial enterprise. It is obvious that this kind of behavior exists.

This can be clearly seen from Yu Yan’s reply.

Why do you say that?

Because Yu Yan's reply was very empty, with basically nothing to say.

It's just a sentence, there are actions, but the actual situation and relevant legal regulations are not stated.

To put it bluntly, it means that the behavior was not defended in accordance with the law.

This defense is not very convincing.

Why couldn't Yu Yan describe other situations?

Because he has no factual basis at all to support his defense.

So it can only be stated from this point.

Yu Yan must be very clear about this in his heart.
.

....

Facing Su Bai, he asked for judgment.

Peng Guangliang frowned slightly and glanced at the two judges beside him.

Then he spoke: "Concerning the judgment on the plaintiff's application."

"The collegial panel has certain disputes over the relevant judgments."

"We are now entering the adjournment phase."

"After the court session, the verdict will be announced."

The hammer sounded and the court entered the adjournment stage.

However, after the presiding judge announced that the court was adjourned, Su Bai frowned slightly.

The circumstances of this case are very clear.

Is there anything else to discuss?

The presiding judge is afraid that the impact will be too great, so he is unwilling to impose a verdict?

Or are there other surprises that may arise in the case of a verdict?

hiss.…

What to say about this situation.

All too common.

Especially in administrative cases, it is normal to have certain tendencies.

After all, this administrative case involves many aspects.
.

....

at the same time.

At the adjournment time, since this trial was a public trial, Su Bai's reputation in the legal circle was relatively high.

Although this trial was not released on a short video.

But it still attracted a lot of viewers.

In some legal commentary live broadcast rooms, many people commented on the current trial of this case.

"There doesn't seem to be much problem with this case!"

"As someone who doesn't study law, I can see that the defendant has absolutely no basis for its defense."

"To be honest, I thought we would see a fierce defense in this lawsuit. After all, Lawyer Su has had relatively few open court cases in recent times."

"This lawsuit is settled!"

"Is it stable? Brother, didn't you notice the attitude of the presiding judge? You didn't notice who was sitting on the defendant's side, right?"

"I think it will be difficult to pass judgment on this lawsuit!"

"After all, there are too many situations involved and many issues involved."

"One word - difficult! Besides, the court of second instance is only an intermediate court. If it were the provincial high court, it might still win the case."

"Let's see, let's see. To be honest, this is the first time in so many court trials that I've seen Lawyer Su fight an administrative lawsuit."

"I still hope I can win the case!"

"..."

There was a lot of public opinion about this case in the live broadcast room of the legal commentator.

There were also people who said some nonsense and blocked the live broadcast room.

However, it can also be seen that Su Bai's live broadcast of the public trial this time has a certain degree of popularity.
.

....

the other side.

In the collegial court discussion room.

Peng Guangliang and two other members of the collegial panel, Wang Xiang and Shen Jun, discussed the relevant judgment on this case.

"What do you two think about this case?"

Peng Guangliang asked, and then continued:

"Let me tell you my opinion first. The difficulty of this case lies with the defendant."

"This time four administrative units are sitting on the defendant's side, and there is also an administration from the Southern District."

"The three departments of industry and commerce, health and food actually make decisions in accordance with the law, and there is no big objection."

"It's just that for the Southern District Administrative Office, if we make relevant judgments based on the accusations filed by the existing plaintiffs."

"Then it's very likely that it will have some impact."

"After all...the administrative status is different."

"What do you two think? You can talk about it."

Prime Minister Wang and Shen Jun looked at each other, and then Prime Minister Wang spoke:

"Actually, my opinion is the same as that of Judge Peng."

"The defendants in this case involved multiple departments."

"A little more."

"Before the trial started this time, the administrative department gave me a greeting, saying that I could think more about this aspect during the collegial process."

“Consider the impact.”

"To be honest, this makes our trial work very difficult."

"I think it would be better to impose penalties on the other three administrative departments, but not on the review unit."

At this time, Shen Jun spoke: "But if you withdraw the lawsuit from the review unit, will the other three parties have any objections?"

"If we continue to appeal, it will still have a certain impact on us."

"I think it will be directly ruled that Dafa Supermarket should pay compensation and compensation."

"As for the others, dismiss them. If not, what else?"

Peng Guangliang and Wang Xiang both fell into thinking about Shen Jun's opinions.

how to say!

Peng Guangliang is biased towards the plaintiff.

Why bias?

Because both from a factual perspective and from an evidence perspective.

There are no problems in the plaintiff's appeal.

If a rejection is made, what is the law to be followed?

After the dismissal, the case still has not been resolved, and the plaintiff still needs to continue to appeal.

You may even think that the Intermediate Court’s decision is unreasonable.

At this point, Peng Guangliang seems very contradictory.

"Lets see."

"Rather than making a judgment directly, let's take a look at the plaintiff's suggestions and appeals made by several other defendant departments."

"Or let's discuss and discuss whether there are any other decisions."

"For example, only three other administrative departments are sentenced."

Peng Guangliang spoke.

Prime Minister Wang and Shen Jun nodded at the same time: "Okay, let's discuss it first."
.

....

The adjournment is over.

When the court opened again, Peng Guangliang announced that he would not make any relevant judgments for the time being. Instead, let the plaintiff state its lawsuit applications and demands against several other defendants.

After hearing the presiding judge's decision, he will not make a judgment for the time being.

Su Bai frowned slightly, knowing in his heart why he was not making a judgment for the time being.

What else could be the reason?

It is nothing more than considering the defendant in this case.

"Phew...it's a bit troublesome."

"This lawsuit does involve factors from the defendant's department. The case is simple, but the judgment and execution are very difficult."

Su Bai looked at the lawsuit materials and said something silently in his heart.

However, in accordance with the request of the presiding judge, the lawsuit applications against each defendant were stated one by one.

The statements made by the remaining defendants are actually very simple, and are not much different from the statements made to the industry and commerce.

Because the issue involved in this case is the defendant's inaction.

From this point of view, except Dafa Supermarket.

The legal charges involved by several other defendants are the same.

They are also consistent in their defense viewpoints and defense opinions.

after all.…

According to the Industrial and Commercial Administration Law, the industry and commerce did not impose relevant penalties on Dafa Supermarket.

Likewise, food inspections are not doing enough.

In addition, from a health and safety perspective, food poisoning was caused and many infants and young children were poisoned.

Serious situations have been involved.

From a health perspective, the penalty should be suspension of business for rectification.

However, in accordance with relevant laws and regulations, have the relevant departments of the defendant accomplished the above?

not at all!

Penalties were not imposed in accordance with relevant administrative regulations.

The corresponding statement is much simpler.

Su Bai's statement is - the defendant's food inspection, sanitation and reconsideration unit.

They all failed to fulfill their due responsibilities, so from this point of view, they all behaved lazily.

From a factual perspective, other parties have no room to refute.

Because failure to act is a common problem in administrative law jurisdiction and administrative cases.

There are very clear regulations. You have not implemented the complaint in place, or the progress is too slow, or there is a deliberate delay.

Then it is a case of inaction.

This is a right granted by law.

Based on the above, Su Bai attacked the defendant and his attorney one by one.

The entire facts of the case are expressed very clearly.

only.…

The clearer Su Bai expresses it, the harder it will be for this case to be tried.

Especially the accusation against the review department.

Su Bai said directly: "The defendant department has jurisdiction and administrative responsibility for other departments."

"However, the content of jurisdiction and management and the corresponding supervision behaviors were not exercised."

"We directly reject the reconsideration application submitted by us."

"We cannot accept this at all, because the situation we submitted to the review unit is——"

"Nearly several children have been poisoned by food."

"Food poisoning, especially if it involves infants and young children, I believe it must be an emergency."

"Dahfa Supermarket is unwilling to make relevant compensation and public apology."

"And the relevant departments are unwilling to punish Dafa Supermarket."

"This is a serious omission because it involves not just a case of expired food, but also food poisoning."

"The defendants here must be aware of the impact of food poisoning on infants and young children."

"We don't know what the purpose of all parties is to play ball. Is it because they don't want to take responsibility, or because they are unwilling to act."

"The reconsideration unit hastily dealt with this situation."

"Then if you do this if you encounter anything in the future, how can you complain?"

"In response to this point, we would like to ask the defendant to think about it."

"Is there any certain responsibility? Should we bear relevant legal responsibility?"
.

...

The accusation was straightforward, simple and concise, but the court hearing was a little deserted.

On the bench, Peng Guangliang served as the presiding judge.

Regarding Su Bai's insistence on accusing several other departments, Wei Wei shook his head.

Especially the accusations against the review department.

If it can be said that other departments can be judged to have lost the case, there is no problem with this, but the review department is the Ministry of Administration!

How to judge?

In this regard, Peng Guangliang could only choose the result of the discussion just now.

Choose to judge the other three administrative departments.

"The plaintiff filed a complaint against the review department."

"The collegial panel believes that in this case, the review unit serves as an additional defendant in the joint prosecution."

"It is not directly related to this case and should not be reflected in this trial."

"The defendant should be Dafa Supermarket, industry and commerce, food, health, etc."

"Therefore, the court believes that the conduct of the review unit will not be reviewed."

"Does the parties have any objections to the above?"

After the presiding judge stated this point, he did not say anything else.

Other departments of the defendant exploded at that time.

why?

Because from the perspective of the presiding judge, this is completely bullying their low administrative level.

The review unit was directly removed.

I want to judge their sides.

Who else would be willing to do this?

Although their administrative level is one level lower than that of the review unit.

But in the court hearing, if you don't want other situations to happen, or you won't be held accountable.

Then you definitely need to bring other people along!

Regarding the presiding judge’s decision, other defendants’ lawyers immediately reported:

"Presiding judge, why do you want to remove the review unit from the judgment ranks?"

"We don't know which law is applicable to this."

"So we object!"
.

....

Faced with this situation, Su Bai can actually understand.

On the one hand, the court did not want to directly reject the plaintiff’s appeal.

This already shows that the presiding judge’s preference actually lies with the plaintiff, that is, their side.

After all, according to relevant laws and regulations...the defendant did indeed fail to act.

On the other hand, the court is still under a certain amount of pressure when facing review units.

So I want to include industry and commerce, food supervision and health as defendants.

There will be no corresponding review for reconsideration units.

But I didn't expect that other departments of the defendant would be unwilling to do this at first.

Protests were made.

hiss.…

Su Bai took a long breath. How should I put it? Administrative cases are indeed difficult to fight!

But it can be clearly seen from this case.

The judge made the relevant determination based on the legal rights and interests of the plaintiff.

However, other departments of the defendant have now raised objections.

We still don’t know what kind of verdict the presiding judge will make in this case in the end...
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....

PS: Please give me a monthly ticket~

　This case was tried, but it was changed...

　　

　

(End of this chapter)