Volume 1 The First Battle of Public Welfare Chapter 2 Hearing
The Fourth Trial Division of the Jingang City Intermediate People's Court is very standardized.
A legal platform is set up in front of the middle of the trial activity area. The legal table and legal chair are set up on the legal platform, which are the seats of the judges, and sitting in the middle will be Lu Youliang, the presiding judge of the public interest litigation, who is also the president of the public interest court.
The shape of the legal table and the legal chair are very solemn and generous, and the color should be dark brown with the overall tone of the legal table and the courtroom, reflecting the serious, solemn and harmonious layout requirements.
In front of the right side of the platform is the clerk's seat, which is at a 45° angle to the platform, and the clerk's seat is a few centimeters lower than the judge's seat.
In front of the left side of the judgment platform is the position of witnesses and experts, which is also at a 45° angle to the court.
In front of the legal platform is the seat of the plaintiff, the defendant and the agent ad litem, sitting opposite each other on both sides, the plaintiff's seat on the right, Zhang Ruiming in front of the seat is placed on the prosecutor's standing card, and Zhang Liang is sitting next to him.
On the left is the defendant's seat, where Zhang Ruiming's master, Wu Kaiming, and his star lawyer team fill the front and rear rows of seats, and the original defendant is separated by a few meters.
Zhang Ruiming looked at Wu Kaiming opposite, but he didn't have time to sigh in his heart. There is an old saying among their Western college students, after graduation, half of their classmates always try their best to catch the other half of their classmates, and then they will be judged in the hands of their own classmates, and now it is his and Master's turn.
Today is such a big case, and it is an open trial, I don't know how many media reporters in the auditorium are preparing to sketch records, and the Jingang Intermediate People's Court is also facing a big enemy, and today's trial process is particularly strict.
The young clerk was visibly nervous, and several judges were also standing at the door of the judge's passage, waiting to enter the courtroom according to the procedure.
First, the clerk announces the discipline of the court, and the young female clerk stands upright and reads aloud:
(1) All personnel present in court are to obey the unified command of the presiding judge and abide by courtroom order;
(2) It is not allowed to make noise, applaud, smoke, string, or shout slogans, it is not allowed to carry communication equipment, and the observers are not allowed to interject or speak in court, and opinions may be submitted after the court is closed;
(3) When answering questions, the person being questioned by the court should automatically stand up to speak, and automatically sit down after answering;
(4) The tribunal has the right to stop conduct that does not comply with court order, and may order those who do not listen to advice to withdraw;
(5) In order to show respect for the laws of the state, when adjudicators enter or leave court, the parties, agents, and observers are to remain silent.
Zhang Ruiming has listened to these disciplines too much, and he still has to wait for this girl to finish reading, in fact, she used to be able to bring a mobile phone. However, in recent years, many lawyers have begun to play the routine of "live trial broadcast", and jokes have been made in many cases, and the court, out of consideration of trial discipline, and worried that observers will secretly use mobile phone recording, video recording and photography without permission, the Supreme People's Court immediately issued a "Supreme People's Court People's Court Judicial Police Security Inspection Rules" to suppress the atmosphere.
After reading the court discipline, the clerk: "Please invite the presiding judge into the courtroom, and all of them shall stand." ”
There was a loud bang, and the auditorium and the parties were all in the audience, and Zhang Ruiming had the most headache for this link. Every time I hear this sentence, I really don't stand up, I don't stand up, I can't stand still. Personally, Zhang Ruiming is not an arrogant person, but he is also an old prosecutor for ten years, representing the country, and always has a strange self-esteem of "old prosecutors". Why do you want to give you "all stand up", when Zhang Ruiming was embarrassed, the rookie next to him, assistant prosecutor Zhang Liang, stood up immediately as soon as he heard the clerk shouting.
There was no way, Zhang Ruiming suppressed his careful thoughts, and had to stand up with Zhang Liang. Join the crowd in saluting the judge as he walked into the courtroom.
"The Intermediate People's Court really attaches great importance to it today, and it seems that this lawsuit really responds to the general direction of reform. For this public interest lawsuit, the Municipal Intermediate People's Court recently established the province's first public interest court, and the president is the presiding judge this time - Lu Youliang.
Lu Youliang is less than 40 years old and also graduated from Western University Law School. It is in response to Zhang Ruiming's sentence earlier: After graduation, graduates of Western University always return to the same room, the master and brother kill each other, and the master and apprentice confront each other in court. Senior sister came to judge.
Then the clerk faced the presiding judge and reported in a loud voice: "Report that the presiding judge, the prosecutor and the participants in the proceedings have all arrived in court, and the court preparations are ready, please instruct the court to begin!"
Lu Youliang stood on the trial bench and announced in a righteous and awe-inspiring voice: "In accordance with the provisions of Articles 18 and 68 of the Administrative Litigation Law of the People's Republic of China, the Public Interest Trial Division of the Jingang Intermediate People's Court openly tried the case of the plaintiff Jingang Municipal People's Procuratorate against the defendant Jingang No. 4 Middle School, which destroyed the atmosphere and soil environment and infringed on the public interest, which is the first civil public interest litigation case.
The trial of this case will be conducted in an "argumentative" manner. "Debate-style" trial refers to the method of settling litigation disputes in court, with litigation participants as the main body, centering on issues such as the facts and evidence of the case, the focus of disputes, the responsibility of right and wrong, and the applicable law, under the guidance of the presiding judge, through verbal confrontation between the two parties, and under the guidance of the judge, "make statements in court", "present evidence in court", "debate in court", and resolve litigation disputes in court. It is hoped that the parties and litigation participants will actively assist the court in hearing the case.
Court is now open!
Next, check the identity of the parties. ”
With the fall of the gavel of the presiding judge and the presiding judge, the trial battle of the case officially began.
In the first step of the trial, the dignified female judge stood up and checked her identity one by one.
When the representative of the defendant Jingang No. 4 Middle School was asked, Chen Zhijun, the defendant's legal representative, did not appear. Only one of the directors of the infrastructure office of the fourth middle school sat in the defendant's chair and took out a power of attorney and shook it. Prove that he was entrusted by the legal representative Chen Zhijun to appear in court.
Zhang Ruiming thought of this early: It is very in line with Chen Zhijun's consistent style, this guy should have been active everywhere a long time ago, but he looked at so many reporters and media at the entrance of the Intermediate Court. Why can't this guy's ability to move, the media haven't suppressed it, or do you have other plans?
After checking whether the parties and other litigation participants appeared in court, it was the clerk who announced the order of the court, Zhang Ruiming reminded Zhang Liang, who was a little distracted next to him, that the little girl only recklessly got the notebook and rushed back a few seconds before the trial, and the sweat on her body was soaked with the lining of the prosecutor's uniform.
looked at the master Wu Kaiming opposite, leaning his head on the chair, looking calm and relaxed. Zhang Ruiming was a little uneasy in his heart.
Immediately, the presiding judge checks the parties, and the order of the check is the plaintiff, the defendant, and the third party. When Zhang Liang was checked, Wu Kaiming suddenly made a move.
"Report to the collegial panel, we have objections to the other party's assistant prosecutor Zhang Liang's qualifications to appear in court!"
Sure enough, before the trial, Wu Kaiming glanced at Zhang Liang a little, and he found and caught this pain point.
Wu Kai is nearly 50 years old, the most experienced and trusting age of a lawyer, but he looks to be in his early forties, heroic, with black hair and a straight suit, gushing endlessly in front of the trial seat. From the current environment of judicial reform all the way to the practice of foreign courts.
Watching Wu Kaiming talk to the judge about the requirements for the procurator to appear in court after the reform of the judicial system, and the various documents that were forcibly brought in, Zhang Ruiming sincerely admired the master's eloquence, knowing that there was no legal basis and judicial practice to dissent, but he could speak like a river, and the master took the initiative to attack because he wanted to dominate the "momentum" of the entire trial.
Sure enough, the "momentum" rose, and with Wu Kaiming's generous statement, there were constant whispers and sporadic applause in the auditorium.
There are nearly 100 observers in the auditorium next to him today, Zhang Ruiming knew that this case was very important, but he didn't expect so many people to come, it was too abnormal, Wu Kaiming used to be a professor at the university, he would often take their law school students to the court to observe the practice, Zhang Ruiming liked this kind of fun and interesting course the most. But Wu Kaiming has long since left law school, and today's group of people is obviously of different age levels, Zhang Ruiming thought that there must be an "ambush" of the other party in it
Zhang Ruiming smiled secretly, and said in his heart that the acting skills of this group of children are really good.
Seeing the hustle and bustle of the spectators, they began to interfere with the order of the courtroom, and the presiding judge knocked on the gavel and gave a warning, and then suppressed it.
At this time, Wu Kaiming finally finished speaking, Zhang Ruiming just sneered, ready to fight back, but Zhang Liang beside him frowned tightly, and his white goose egg face turned red.
Zhang Liang appeared in court for the first time, and became the main target of the attack in the courtroom, and could only look at Zhang Ruiming next to him with a pleading eye.
Zhang Ruiming raised his eyebrows, immediately raised an objection, and after getting permission, he sat in his position and moistened his throat, faced the legal platform, and replied in a usual calm tone: "Judges, the reform of the post system is the general direction and a big move of judicial reform, but now we are in the transition period of judicial reform, and the requirements for procurators to appear in court have not yet passed the Constitution, the Procurators Law, The revision or formulation of various procedural laws has not yet been reflected, so the demands made by the opposing lawyer have no basis in law, and now Procurator Zhao is an assistant procurator appointed by the National People's Congress, and the procedures are legal and procedural, and according to the current Procurators Law and various procedural laws, at this moment, Assistant Procurator Zhang Liang has the qualifications to appear in court to respond to the lawsuit. ”
Sure enough, the objection was valid, and the collegial panel did not adopt Wu Kaiming's opinion.
However, the auditorium whispered a little about Zhang Ruiming's words, and the current social atmosphere has long shown a tendency to distrust the judicial organs, and Zhang Ruiming is also used to the feeling of being incomprehensible by the masses, but today the auditorium is particularly noisy, and the bailiff has already warned him once.
Under the hype of the media and public opinion, the general defendant has already disarmed and surrendered early, seeking mediation and settlement, and if the response is a little slower, it is also far away from the media, for fear that the ugly things that harm the interests of the people will spread, how can the defendant not suppress the media in the public interest litigation, but instead convene the media to stir up the heat of the case?