Chapter 1212: Who's Setting Himself on Fire
Monday, December 8th.
In the morning, Cao Jinhai and Chang Sheng came together.
Put a piece of paper on the table, and then Cao Jinhai and Chang Sheng sat on the sofa.
Picking up the paper, Chu Tianqi looked at it, this is the third reply letter from Hexi Pengyan Construction Company, and the content of the letter is even simpler: "Your unit: You sent a letter on December 1, and we received it on the 4th. In this letter, you use imagination as evidence, and the demands you make are particularly outrageous and unreasonable. You have issued several articles in a row, and the tone is tough and insincere, and it is clear that the big is pressing the small and the strong is bullying the weak. We are overwhelmed and have considered using legal means to protect our legitimate rights and interests. Please, don't torture us with this kind of letter, and if you have other ideas, you can file a lawsuit in court. Again, we would like to state that we will not reply if you send us any further letters. ”
Putting down the letter, Chu Tianqi did not speak, but looked at the two people on the sofa fixedly.
Facing Chu Tianqi's gaze, Cao Jinhai looked down at the ground, while Chang Sheng twisted his head to the side.
The room was quiet, there was no sound, and it seemed very dull.
After a full five minutes, Chu Tianqi said, "Two, let's talk about it." ”
Cao Jinhai continued to keep his head down, without any reaction.
Chang Sheng spoke: "Mayor Chu, I don't blame the other party for sneering in the letter this time, what we said is really perverse. The lawyer's letter should be rigorous, and more importantly, it must be based on evidence, and the 'evidence' here is solid evidence, not hearsay, let alone speculation. ”
Chu Tianqi let out an "oh": "According to the meaning of the regular advisor, is it our side that is making trouble?"
"Ordinary people still pay attention to the word 'reasonable', and the law is even more so, but our so-called evidence is really illusory and cannot be called evidence at all. Chang Sheng replied.
Chu Tianqi asked, "Then what should we do in this situation?"
Chang Sheng snorted: "What should I do? There is no way to do it, I can only negotiate amicably with the other party according to the terms of the contract." It is also possible to file a lawsuit with the court as required by the contract. Speaking of this, he also sighed, "Hey, the main reason is that the original contract was too ...... But there is nothing I can do about it. I'm afraid that even a professor at the University of Political Science and Law will be powerless in the face of such a contract. ”
"Advisor Chang, your tone seems to have changed too much, you didn't say that when you held the special meeting, you were full of confidence at that time. In particular, during the individual negotiation after the meeting, you put forward several suggestions for dealing with the situation, and even said that you could overturn the original construction contract. Chu Tianqi said unhurriedly.
Chang Sheng's face was slightly embarrassed, and then he said in a stiff tone: "I didn't know the specific situation at that time, mainly because I listened to what you introduced, and when I saw the contract, I realized that the facts were very different from what I heard." As a lawyer, my statement at that time was indeed too reckless and substandard, and it is worth reflecting on for the rest of my life. ”
"Advisor Chang, listen to you, today's answer is the result of your careful consideration?" Chu Tianqi kept his eyes on the other party as he spoke.
"Yes, as a senior legal worker, we must always keep in mind the word 'rigor', and we can't always make the same mistake. Chang Sheng's tone was very impulsive.
Chu Tianqi said word by word: "Then let me ask again, can you deny the original contract, can you prove that the terms of the original contract are invalid?"
"No, because the conditions for proving the invalidity of the contract are not valid. There is no evidence to prove that Party A was coerced by the other party at the time of signing the contract. Chang Sheng added, "Legal professionals focus on evidence, not imagination." ”
Chu Tianqi smiled: "May I ask the permanent counsel, are you the government's special legal adviser or the perennial legal adviser?"
Chang Sheng was stunned at first, and then said confidently: "Of course, I am a perennial legal adviser, and I have signed a legal document with the government, which is stamped with the official seal of the municipal government, as well as the autograph of the head of the municipal government. ”
"Then what are your duties?" Chu Tianqi continued to ask.
"Assist the employing party in carrying out management, production and operation or other activities in accordance with the law, entrust the handling of various legal affairs, and safeguard the legitimate rights and interests of the employing party. When speaking, Chang Sheng deliberately accentuated the pronunciation of "according to law" and "legal".
"Then what does your service include?" Chu Tianqi asked again.
Chang Sheng sneered: "Mayor Chu, I am assisting you in dealing with specific matters, not deliberately to popularize legal knowledge." ”
"Advisor Chang, your attitude is not quite right, it can't be that you don't know, right?" Chu Tianqi also said coldly, "I'll tell you for you." The services of the legal counsel include: assisting the employer in establishing a legal dispute prevention mechanism, dealing with existing relevant legal issues in a timely manner, and cooperating with the relevant departments of the employer. Right?"
"Almost. Chang Sheng replied angrily.
Chu Tianqi was unceremoniously: "This is what I saw in the relevant law books, and it is also recorded in the employment contract between the Chengkang Municipal Government and you, and I just repeated it completely as it was, without any additions or subtractions." And you, as a lawyer, actually use the vague word 'almost', which is too imprecise. ”
"So what?" Chang Sheng was still unconvinced.
Chu Tianqi said: "In the employment contract signed by the two parties, a total of twelve articles are listed on the specific consultant content. Article 6 of the article is 'upon request, to conduct legal argumentation, propose solutions, issue negotiation letters, issue legal opinions, or participate in non-litigation negotiations, coordination, and mediation of disputes that have arisen, or may occur, on the basis of the customer's disputes', which has a special emphasis on 'disputes that have occurred'.
When you were legal counsel, these two projects had already been stopped, and you had been employed in this position for almost a year now, didn't you pay attention to such a big thing once? Where do you start with your so-called 'lack of understanding of the specific situation'? Taking a step back, before the special meeting, the city government had already held a special grand meeting to read out the members of the group, so you should know that you were in it, so you don't know what you should do? Did you not read the relevant documents at the time, or were you lying because of the inconsistencies between words and deeds?"
Chang Sheng grabbed the words: "Mayor Chu, aside from these, legal counsel has many obligations, but you can't say black into white, right? ”
"Okay, since you've changed the subject, let's talk about things. I am entrusted by the municipal government to deal with this matter with full authority, then I ask you, as the legal counsel of the Chengkang Municipal Government, in accordance with the responsibilities agreed in the contract, to issue a written legal opinion to the municipal government on the dispute between us and Pengyan Company. Chu Tianqi smiled, "This is not too much, right? Now your remarks are all empty words, I want to see your words on paper, I can refer to the opinions of the legal counsel, negotiate with the other party, and at the same time report to the secretary and the mayor." ”
Chang Sheng was lucky, and there were no words.
Chu Tianqi turned his head to Cao Jinhai: "Director Cao, how do you think this matter should be handled?"
Cao Jinhai was confused, and he didn't understand why Chu and Chang had such a strong taste. He originally wanted to resign from this task to Chu Tianqi again, but he didn't dare to mention it directly at this time, but said in a hurry: "I, I haven't thought about it either, anyway, this thing is very difficult to do, especially I am not engaged in this, it is better to let a professional do it." ”
"Snap" slapped the table, Chu Tianqi said angrily: "Director Cao, when is it, do you still want to retreat? I can tell you, anyone can have the idea of escaping in this matter, but the director of the urban construction bureau can't, whoever becomes the director of the urban construction bureau has to be responsible for this matter." Got it?"
Can Cao Jinhaiyan not understand? The other party's meaning is very clear, if you want to pick a pick, then don't be the director of the urban construction bureau. Cao Jinhai felt that this was harsh, but he didn't dare to contradict it, but the muscles in his face moved and he didn't speak.
"Of course, there's another way, unless I'm not in charge of it. I can't control what others arrange. Chu Tianqi added, "I'm afraid you can't do it, right? Then honestly follow the order, and don't say anything about this disadvantage and that can't." Since we get paid by the government, we have to do things for the government, otherwise why would the government spend this money?"
Cao and Chang both heard it, Chu Tianqi's words were clearly talking about Cao Jinhai, but in fact, he was also referring to Sang scolding Huai, saying that Chang Sheng didn't do anything with money.
Chang Sheng stood up: "Can I go?"
"Yes. Chu Tianqi said, "However, please complete the task I just said, I am making a request on behalf of the government." ”
"Don't work to remind. After speaking, Chang Sheng walked towards the door.
Chu Tianqi's voice sounded again: "Consultant Chang, in the employment agreement signed between the government and you, Article 7 of the specific consultant content specifically emphasizes 'teaching legal practice knowledge at the request of the client', so I will ask you to teach at any time in the future." I think that as long as you are a government legal adviser, you must fulfill this agreement, otherwise it will be a breach of contract. ”
Chang Sheng didn't speak, opened the door and walked out, and the door closed behind him with a "bang".
"Mayor, can I go back?" asked Cao Jinhai in a daze.
"Yes. After speaking, Chu Tianqi lowered his head and looked at the Chinese file in his hand.
Cao Jinhai's lips moved, he didn't say anything, and walked to the door. At the moment when he opened the door of the house, he looked back in the direction of the desk, and saw that Chu Tianqi did not react, so he walked out.
……
Coming to the corridor, Cao Jinhai sighed secretly: Why bother?
Just now, I had to find something to do, and I had to propose a picker in disguise. This is good, not only did he not push this matter away, but he was regarded by Chu Tianqi as the "Sang" in the scolding Huai, and he was also given an ultimatum by the other party, asking him to choose one of the two between the director of the urban construction bureau and the dismissal of this matter. Isn't this nothing to do and set yourself on fire?
Cao Jinhai couldn't help but wonder where Chu Tianqi got so angry today, and why he was angry with himself and Chang Sheng. Chu Tianqi is now being forced to a dangerous place by the Standing Committee, it is said that he should rely more on the following people, and everyone should work together to deal with this matter. But why did he do this, isn't this also equivalent to setting himself on fire?
Cao Jinhai thought of Chang Sheng again, this Chang Sheng is really bad, not like the government's legal adviser at all, but like a representative of Pengyan Company. Since he earns money from the government, he should contribute to the government, and he should live in peace with the government leaders. But Chang Sheng not only has a problem with his position, why is he still ridiculing Chu Tianqi today? Isn't he also setting himself on fire, doesn't he know that Chu Tianqi is difficult to deal with?
Now it seems that the three of them seem to be setting themselves on fire, so who is the real one who is really setting themselves on fire? Cao Jinhai was puzzled.