As if stirring up a thousand waves for a while, the observer seats of the Fourth Trial Court of the Jingang City Intermediate People's Court suddenly boiled. This case has been tried twice, and it has been going on for so long, and they all say that it is the first public interest lawsuit in Nanzhou Province and the first "drug runway" case in the country. Such exciting words came out of the mouth of the famous lawyer Wu Kaiming, it was already full of topicality, if it was really reversed, it would definitely be the big news of the province today, and everyone in the auditorium was in a hurry and began to record this dramatic plot.

Lu Youliang hurriedly controlled the order of the courtroom and asked the bailiff to quickly suppress the noisy noise in the auditorium.

And in this chaos and hustle and bustle, there was only one person in the back row of the auditorium who seemed surprisingly calm and out of place with his surroundings.

This person is Zhang Ruiming, who was suspended for investigation, wearing a slim suit, sitting quietly in the corner of the auditorium, with his hands on the back of the chair in front of him, his fingers crossed, blocking half of his unpredictable face, and his sharp eyes were firmly staring at Wu Kaiming who was in the dock.

"Master, I know what trick you're trying to make. ”

At the same time, Wu Kaiming in the dock took out a copy of the complaint and announced loudly: "This is the complaint filed by Wu Xiaoqin's mother, Wu Aimei, for civil tort damages against our Jingang City No. 4 Middle School, and the Dong'an District People's Court of Jingang City has also accepted the case! Now that the victim has filed a civil lawsuit, this public interest lawsuit should be suspended! The public interest lawsuit can only be mentioned to stop the infringement, eliminate the impact, and Restore the ecological environment, and civil tort damages can mention tort damages, that is what Wu Xiaoqin's family urgently needs, this is a conflict between public welfare and private interests, please the collegial panel support the private interests of the people, give due compensation to Wu Xiaoqin's family suffering from leukemia, suspend this public interest lawsuit, and let the district court hear Wu Xiaoqin's personal injury civil case!"

The media reporters in the auditorium were all stunned, and even the public watching the live broadcast across the country were confused by the legal terminology that Wu Kaiming had used along the way. Why was the Jingang No. 4 Middle School, represented by Wu Kaiming, so happy as a defendant in the civil lawsuit brought by Wu Xiaoqin? How could anyone hope for a defendant as if they couldn't ask for it? Why did they say that they wanted to suspend this public interest lawsuit? There were countless question marks in everyone's minds.

Even Zhang Liang couldn't react at once, she asked Wu Xiaoqin's family to file a civil lawsuit by herself, didn't her family say that she had no money? Later, she helped Wu Xiaoqin's family apply for legal aid but didn't apply for it? Why did she suddenly go to file a civil lawsuit by herself.

A reporter from the "Voice of Tianjin and Hong Kong" next to Zhang Ruiming grabbed him and asked: "Zhang Jian, what is the situation? You explain to us, why should this public interest lawsuit be suspended?"

Zhang Ruiming certainly understood Wu Kaiming's true intentions. He began to explain the legal principles to the reporter: "It's actually simple and simple, and it's complicated to say it's complicated, for example. When the procuratorate files a public interest lawsuit on behalf of everyone, it can only demand that the sewage be stopped and the water quality restored, because the procuratorate can only file a public interest lawsuit for the benefit of unspecified people, and the general environmental public interest lawsuit can only be filed to eliminate the impact and restore the ecological environment. But if you are a nearby fisherman and your fish are poisoned by sewage, what should you do? The procuratorate has already filed a public interest lawsuit, but the procuratorate's public interest lawsuit can only stop the factory from discharging sewage and restore the water quality. Wu Kaiming just wanted to take advantage of this loophole, because a scholar's paper in the People's Justice proposed that it is necessary to coordinate in the case of private interest litigation and public interest litigation in parallel. There are theoretically two different views on the priority of private interest litigation or public interest litigation. In view of the lack of practical experience at present, the judicial interpretation does not provide for it for the time being. Judging from trial practice, consideration may be given to hearing two cases successively at the request of the parties. Where the plaintiff in a private interest lawsuit applies to suspend trial on the grounds that the public interest litigation has already been initiated, the people's court may permit it. ”

Zhang Ruiming explained to the reporter next to him in this way, and I don't know if the reporter understood or not, Zhang Ruiming still has a point that he has not said, why Wu Kaiming would rather suffer from the civil lawsuit of Wu Xiaoqin's family than suspend this public interest lawsuit? Because this civil lawsuit should have been initiated by Wu Kaiming himself, Wu Aimei had always refused to file a civil lawsuit on the grounds that she had no money, and wanted the Jingang City Procuratorate to help her fight for interests through public interest litigation. Now that he suddenly filed a public interest lawsuit by himself, it should be Wu Kaiming who sent someone to contact Wu Xiaoqin's family and instructed her family to file a civil lawsuit to stop the public interest lawsuit, because Wu Aimei's civil lawsuit can be closed through mediation at any time, and even Wu Aimei has been bought by Wu Kaiming and them before filing a civil lawsuit, and everything is under their command.

The public interest lawsuit is faced by the Jingang Municipal Procuratorate. However, the Jingang Municipal Procuratorate is not so easy to accept the conditions of mediation, it is far better to deal with an individual who is controlled by itself than to face a state organ, and even if it fails to suspend the public interest litigation, it will muddy the pool and buy valuable time for Chen Zhijun's appointment documents to be issued.

What a trick to "fish in troubled waters", Zhang Ruiming thought about it, and looked at Wu Kaiming's calm expression in the defendant's dock, "However, if you are forced to make this move, you must have no way to do it." ”

But Zhang Ruiming lost his qualifications as a public interest litigation prosecutor and could not stand on the stage. Now, I can only watch Zhang Liang and Li Wei.

Zhang Ruiming turned his head to look at the little beauty with a melon seed face who coiled up her hair, she has grown rapidly in the past month with this girl, in fact, at the beginning of the two partners, Zhang Ruiming was worried that she was also monitoring an eyeliner for herself, and even her suspension had something to do with her, but Zhang Ruiming still chose to believe her, after Zhang Ruiming's suspension, when she transferred all the case files and materials to this girl, she was still crying, with a guilty look, thinking that Zhang Ruiming was suspended for investigation It was her fault.

But unexpectedly, Zhang Ruiming still chose to believe her without hesitation, because in this jointly handled case, he saw her original intention - the spirit of pursuing justice and protecting the weak prosecutor.

Zhang Ruiming didn't expect that there would be this day so soon, relying on this girl's thin shoulders.

Zhang Liang on the stage was still in a chaotic legal relationship, she looked at Li Wei next to her, the acting chief of the Civil Banking Section was also confused, after all, he did not have ten years of rich experience as a prosecutor like Zhang Ruiming, and both of them were trying to clarify the next litigation strategy.

Zhang Liang thought that Wu Aimei had figured out that she wanted to go to No. 4 Middle School to seek justice for Xiaoqin, but then she heard Wu Kaiming say more and more wrong, this is obviously for the Jingang City Procuratorate, this is to suspend their public interest litigation and draw salary! Wu Aimei was also bought by these dark forces, Zhang Liang felt sad in her heart, Zhang Ruiming reminded her of the rule of a legal person - "Parties, parties, people at that time!" Now it was very clear in my mind.

But what should we do now? Will the court really accede to the request of the opposing lawyer's lawyer and suspend the public interest lawsuit filed by the prosecutor?

Zhang Liang suddenly remembered something, and quickly rummaged through the thick materials that Zhang Ruiming handed her over, "Where is it?

"Found it!" Zhang Liang found this item in this heavy book of materials and analysis of trial countermeasures, which is a law carefully marked by Zhang Ruiming with a blue pen: Article 288 of the "Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China" - the acceptance of public interest litigation cases by the people's courts does not affect the fact that the victim of the same infringement acts can file a lawsuit in accordance with Article 119 of the Civil Procedure Law.

Zhang Liang immediately retorted to the collegial panel: "The prosecution has objections to the defendant's request to suspend the public interest litigation!" According to Article 288 of the "Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China", the acceptance of public interest litigation cases by the people's courts does not affect the fact that the victim of the same infringement has filed a lawsuit in accordance with Article 119 of the Civil Procedure Law. That is, when the direct victim only files a lawsuit for damages, that is, only for the protection of private interests, the representative public interest litigation representative can still file a lawsuit for the environmental infringer to stop the infringement, remove the obstruction, eliminate the impact, and restore the environment in order to protect the environmental public interest. In this case, the right of public interest litigation and the civil right of the direct victim coexist independently. ”

Wu Kaiming didn't expect this girl to turn out the corresponding legal provisions so quickly as a basis for counterattack, and he immediately reacted and shouted to the collegial panel: "Report to the collegial panel, there is a conflict between the "Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China" and the recently promulgated "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Procuratorial Public Interest Litigation Cases".

When Zhang Ruiming heard this, he smiled secretly in his heart, Master's words were obviously unfounded, they were just strong words, he praised Zhang Liang's improvisation in his heart, and Zhang Liang should be able to win the chaotic battle at the beginning.

Zhang Liang was not panicked in the face of Wu Kaiming's counterattack, and replied loudly to the trial seat: "The conflict raised by the opposing lawyer's lawyer has no legal basis, and the judicial interpretations of the two courts on procuratorial public interest litigation do not have the conflict of laws as stated by the other party, and what the other party said is a typical confusion!"