Zhang Ruiming's words are concise, but by no means simple, and the most important key point in this "administrative public interest litigation case of not recovering state-owned land transfer fees in accordance with the law" is very detailed, that is, the payment of land transfer fees should be in accordance with laws and regulations. The period for which the local government allows the payment of land transfer fees to be suspended through supplementary agreements, meeting minutes, etc., shall not exceed the relevant provisions of the competent departments of land and resources.

When he heard that Zhang Ruiming directly broke this most sensitive and critical controversy in the complaint, Wu Kaiming's eyes also sank, and the green tendons on his forehead suddenly rose.

In the field of public interest litigation, Zhang Ruiming's reputation is outside, and he is known to be the first person in public interest litigation in the Jingang City Procuratorate in recent years, and Wu Kaiming understands how profound his former disciple skills are. Zhang Ruiming can be said to be the prosecutor closest to the "lawyer's thinking", he pays attention to a "strange complementary, upright and strange, and odd to win", in the face of the opponent's stumbling blocks, playing the side ball off-the-board moves, Zhang Ruiming also has his own way of coping. He can be called the "most market-oriented" prosecutor in the Jingang City Procuratorate.

But Wu Kaiming is not an ordinary person, since this case is already carrying heavy political goals and pressure, then Wu Kaiming will not act rashly without certainty.

As a brand-new administrative public interest lawsuit, this type of case has always had a greater political impact than a legal fact. And Wu Kaiming had already learned that in the hands of Zhang Ruiming and the prosecutor, the evidence about the land transfer money that had not been put into the warehouse could be called full of sweat and ironclad evidence, and it was impossible to reverse it from the facts.

All the opportunities lie in how to bring the "political impact" of the case into the right place.

On the one hand, the fire cannot be small, and the preliminary work of the case must be done sufficiently, so that the Intermediate People's Court of Jingang City must know the breadth of the case, and on the other hand, it must "cover the lid", and the fire must not be too big and too strong, so as not to finally break the sky and make everyone unable to get off the stage.

These two seemingly contradictory points are where Wu Kaiming's level as an agent ad litem lies, and at the beginning, this series of planning layouts is also a reflection of Wu Kaiming's level.

As for this trial, in the eyes of this big man who has been crisscrossing Tianjin and Hong Kong for decades, it is just a cutscene with a beard and a top hat, and it is completely insignificant in terms of the impact on the final result, especially since he has prepared a key hole card to hide behind him.

At this time, the young presiding judge had obviously found a rhythm, and turned to Wu Kaiming at this time, although his tone was stiff, but his eyes were quite peaceful.

"Now, please ask the defendant to state your defense and reasons, and the defendant's statement should focus on the claims and claims, the focus of the dispute, and other content that is directly related to the case. ”

Wu Kaiming is tall and tall, and his aura is excellent, and the person with silver hair on his head at this time is even more elegant and has a dusty temperament.

"Honorable Presiding Judge and Judges,

In accordance with the provisions of China's laws, I accepted the entrustment of the defendant in this case, the Jingang Municipal Bureau of Natural Resources, and appointed me as the entrusted agent to represent me in the litigation. My delegation authority is a special authorized agent, and I am authorizing

The authority of the delegated authority is exercised within the scope of the authority. After accepting the case, I consulted the case file, conducted an investigation, listened to the court's investigation, and got a relatively clear grasp of the entire situation of the case. Based on the facts and law, the following agency opinions are hereby issued for the collegial panel's reference......"

I don't know why, obviously how many times he has fought with Wu Kaiming, either openly or secretly, Zhang Ruiming still has an indescribable complex emotion in his heart for this teacher who has been entangled in grievances and grievances for more than ten years. There are disappointments, embarrassments, nervousness, awe, jealousy, and even some fear. At this time, Wu Kaiming said that Zhang Ruiming didn't dare to look up directly.

“…… To sum up, after the institutional reform, the Jingang Municipal Bureau of Natural Resources has inherited some of the functions and powers of the Land Bureau in the past, but now in various senses, the Bureau of Natural Resources should not be the defendant in the case, and at the same time, the Jingang Municipal Bureau of Natural Resources is not eager to recover the land transfer fee, which is also to implement the minutes of the municipal government meeting, and the act is correct in applying laws and regulations and complying with legal procedures......

…… Based on the above facts and reasons, the court was requested to dismiss the respondent's claim. ”

Wu Kaiming's reply was basically within the scope of Zhang Ruiming's expectations, and the only exception was that he did not expect that he would actually move out the restructuring of the Bureau of Natural Resources, and wanted to muddy the water on the grounds that he was not a qualified subject.

While listening, Zhang Ruiming kept his hands on the paper, marking the contents of Wu Kaiming's defense one by one on the paper, waiting for the next refutation one by one.

At the end of the statement in court, in accordance with the provisions of Article 43, Paragraph 1 of the "Administrative Litigation Law of the People's Republic of China", the following is to conduct court cross-examination. ”

Although such a land transfer gold case has a great impact and wide impact, and the political wrestling behind it is obscure, but in terms of the facts of the case alone, it can be regarded as simple and straightforward, that is, a land transfer gold Chen Cheng Company did not pay, and the Land Bureau did not urge it in the past, and now the Jingang City Procuratorate is the plaintiff in the procedure for filing a lawsuit. Because the plaintiff and the defendant are both public units, and the money is in the state audit accounts, neither the Bureau of Natural Resources nor the Jingang Municipal Procuratorate have ever thought of arguing from the objective existence, and the relevant evidence is also to prove the responsibility for the unpaid and deferred payment of the money, but the two parties have no opinion on the objective fact that the money has not been paid.

In a word, what the two sides are arguing about is some legal provisions and personal liability disputes, and they do not involve too specific facts, which is the "air-to-air lawsuit" that Zhang Ruiming often teaches with Zhang Liang, so the current situation is quite calm.

However, although it was such an "air-to-air lawsuit", what Zhang Ruiming didn't expect was that there was a hint of gunpowder that landed on the ground.

"Regarding the plaintiff's evidence No. 5: "Application for Change of Land Use Right Type of Jingang Chencheng Real Estate Company", please cross-examine the defendant ......"

Zhang Ruiming's previous series of evidence, because this is a case that is not controversial in fact, should be quite smooth in the cross-examination, and the defendant has no reason to deny the questioning, and the same is true in the previous procedure, the evidence presented by Zhang Ruiming has not been questioned by Wu Kaiming, however, when the fifth number came out, a loud voice was heard.

"We have no objection to the relevance and legitimacy of this evidence, but we question the authenticity of this evidence!"

"What?"

Zhang Liang couldn't believe his ears, this "Land Use Right of Jingang Chencheng Real Estate Company

The Type Change Application was personally obtained by her and Zhang Ruiming from the Bureau of Natural Resources, and it is the bottom file information retained by the Bureau of Natural Resources itself, how can there be a problem!?

Besides, this is provided by the defendant's own unit, is Wu Kaiming's head confused?

But Zhang Ruiming knew that his teacher would definitely not be untargeted. He must have had his own reasons for suddenly making a rash move on this mediocre evidence.

"We believe that the evidence does not conform to the legal application procedures, first, there is no main seal of Chen Cheng Company at that time, second, the financial seal of Chen Cheng Company on it, we do not think it is true, in the relevant evidence provided by us subsequently, we can see the same party's special financial seal, its font, seal does not match, third, we believe that the signature of Chen Chengchu, the person in charge of Chen Cheng Company, on it is a forged signature, therefore, we question its authenticity......"

When he heard Wu Kaiming's first three reasons, Zhang Ruiming didn't feel anything, this was obviously Wu Kaiming's delay, he also thought that this old guy didn't want the cross-examination process to go too smoothly, and deliberately disgusted the prosecutor, this seal problem is very easy to solve, and it can be confirmed by taking the seal plate for backup from the Public Security Bureau, and these individual evidence materials in Zhang Ruiming's hands, he has done everything carefully, and he has checked them one by one, there can be no situation that Wu Kaiming said, but when he heard Wu Kaiming question Chen Chengchu's signature behind him, he suddenly moved in his heart and secretly screamed that it was not good。

Chen Chengchu was the chairman of the Chen Cheng Group at that time, and his position at that time must have been to do a good job in the conversion of the use type of this land, but now he has resigned from Chen Cheng Company, and is now the vice president of Lan Guiyuan Group, and the Natural Resources Bureau is obviously on the side, this is his own signature, he himself said it is true, if he said it is false......

As if in order to break Zhang Ruiming's conjecture, Wu Kaiming immediately filed a new lawsuit.

“…… To sum up, we apply for a judicial appraisal of this evidence!"

As soon as Wu Kaiming finished speaking, he immediately took out an appraisal application that had been prepared for a long time and handed it to the court!

Hearing this trick suddenly made by Wu Kaiming, Zhang Ruiming's head was stunned, he didn't expect that Wu Kaiming was not really pursuing the authenticity of the evidence at all, and he was not even trying to beat this evidence out, he was simply trying to delay time.

Sure enough, as if it had been skewered, Judge Chen, the presiding judge on the trial bench, pondered for a moment, and then replied:

"Hmm...... Since the defense has objections to the authenticity of this evidence...... The collegial panel agreed to the application......!

Judge Chen's next words Zhang Ruiming almost didn't listen to it at all, in the general trial, if there is an objection to the authenticity of the evidence, you can submit an application for appraisal in writing, but the vast majority of lawyers will choose to submit it before the trial, very few Wu Kaiming questioned it in court, and submitted it in court, you know, now the domestic post judges after the reform, the workload has increased sharply, and the average annual number of cases handled by front-line post judges is between 300 and 400 cases, like this, half of the court is opened, and suddenly says that they want to apply for judicial appraisal, then the case will have to be pushed back for more than a month, and the whole waste of time is incalculable, soThe vast majority of judges ignore such a sudden application for appraisal and will not waste time on this at all.

But this Judge Chen actually agreed so easily!?