"Lawyer Feng, then, let me confirm - your appeal, is it too simple?"

In the case filing court of the Jiangnan Provincial High Court, a little girl in her 30s behind the window (after all, it is not easy to get into the High Court, 30-year-old is also a little girl) looked at the appeal submitted by Feng Jianxiong, and confirmed it repeatedly with some trepidation.

Feng Jianxiong's reputation in the legal profession has long been spread.

After all, if a lawyer who is well-known among hundreds of millions of people in the public across the country is put back on the legal profession, it is equivalent to everyone having heard of it.

Therefore, the female case filer did not dare to make a mistake at all, even if she had any questions, she asked with a pleasant face.

Times are different.

"What's the problem? I think I've written it very clearly. Just do what I ask. Feng Jianxiong asked proudly.

The horses and yarns on the side were a little uneasy, as if they were ashamed.

The reason why she was embarrassed to submit the appeal petition in person was entirely because she knew how simple the appeal letter sent to her by Feng Jianxiong was.

And Ma Hesha these days, he often comes to the Provincial High Court to hang around and see the world. So I've seen a lot of appeals submitted by other people.

Compared with other people's houses, everyone has more than a dozen pages of statements, and there are many points of questioning. And the form that Feng Jianxiong asked her to submit was only two pages of paper, and there was only one point of questioning. No matter how you look at it, it's a little hard.

It's not that Ma Hesha doesn't believe in Feng Jianxiong's strength. She just stays at the level of understanding of elementary school students judging the level of composition:

In the eyes of elementary school students, if an essay is written at least 800 or 1,000 words, then it can be a good essay with a high score, right?

This kind of thing is something that a layman can't understand.

Fortunately, the female case clerk is not a layman, she is patient and persuades from a professional point of view:

"Lawyer Feng, I'm not questioning you, I just think that in your reasons for appeal, you only mentioned the point of 'dissatisfaction with the legal characterization of the facts of the first instance' and that it should not be a 'lawsuit for infringement', is it a bit inappropriate?

You...... It can't be that there have been too many criminal lawsuits recently, right? Civil second instance, but there is no 'principle of comprehensive review', and if you don't write it, the court will not review it, and even if there is new evidence in your favor in those places, it will not be able to be presented at that time. ”

"Don't worry, I know it, just stand like this!" Feng Jianxiong affirmed very domineeringly.

Since Feng Jianxiong insisted so much, the female case filer didn't dare to touch his scales, so she had to mourn in her heart for the unknown judge colleague of the Municipal Intermediate Court.

If it was such a rigid appeal, it was all changed by Feng Jianxiong. The career of the presiding judge of the first instance is very bad.

Feng Jianxiong shouldn't have a grudge against the judge of first instance, right?

Or is it just because of the "Peng Y case" that the judge of the first instance is unhappy and wants to "do the right thing for heaven"?

"Okay, it's filed according to your requirements, and we will do a good job of accepting it within 5 days. Please rate my work. Handed over some receipt-type documents to Feng Jianxiong, and the female case filer smiled sincerely and begged for evaluation.

Feng Jianxiong clicked "satisfied" and floated away.

Ma Hesha was beside him, and secretly asked Yu Meiqin in a daze: "Sister Meiqin, do you know why Brother Xiong has to write so few reasons for the appeal? Could it be that the fewer words, the higher the qualification?"

"Of course not, isn't this a matter of letting the court of second instance concentrate its resources on the difficult points. Moreover, our actions are disgraceful in terms of the factual evidence, you have indeed harmed Apple's interests, blatantly used the jailbreak system, and promoted the crackability of Apple's system.

Why do we have to re-mention these things at the second trial? Of course, it would be good to mention only the points that are beneficial to us.

In addition, Xiaoxiong has a lot of considerations about the details of the procedural law, which I can't understand with you at once, if you are interested, I will talk about it slowly. ”

"Say it, I'll listen. Ma Hesha was very humble, and threw the car keys to Feng Jianxiong, so that Feng Jianxiong could drive, and she could sit in the back row and listen to Yu Meiqin's literacy.

Yu Meiqin told the story at this time.

……

I believe that many people who know a little bit about the law know that in criminal cases, the scope of review of the second instance is handled in accordance with the "principle of comprehensive review".

Just now, the female case clerk of the Provincial High Court also mentioned this principle.

In other words, in a criminal case, no matter where the appellant believes that he has a grievance, the court of second instance will go through all the points of disagreement of evidence and the application of law that have arisen in the first instance.

This is because criminal cases are prosecuted and are an expression of the exercise of state power.

Even if an error is found in the end, but it is not the point of dissatisfaction mentioned by the appellant in the appellate brief, the court of second instance has the right to change the judgment on this error point (if the facts are unclear, it will remand for a new trial).

Of course, if this newly discovered point is unfavorable to the appellant, then even if it is discovered, the court of second instance will write the issue clearly but uphold the original verdict - of course, this is based on the consequence of the principle of "no increase in sentence on appeal", not that the "principle of comprehensive review" is invalid, and it is one thing and the same.

(Note: The non-increase in sentence on appeal means that according to the Criminal Procedure Law, if the defendant in a criminal case refuses to accept the appeal, the sentence of the second instance of appeal cannot be higher than that of the first instance.) This is to protect the legal procedural rights of suspects/defendants, so that they can trust the national justice system and have the courage to appeal to the second instance without worrying about the future.

However, if additional facts or heinous circumstances that clearly lead to the severity of the crime are discovered, the procuratorate can still file an additional "protest" to increase the sentence. However, this has nothing to do with the "appeal", and in the "appeal" link, it is certainly not allowed to change the sentence to a heavier sentence than the original judgment. ）

However, in the field of civil litigation, where "no lawsuit is filed, no matter what is sued", in order to fully respect the autonomy of the parties, the "principle of comprehensive review" does not exist.

Civil litigation is strictly based on the principle of "if you are not satisfied with any point, I will concentrate on only this point in the second instance." For other points agreed upon by both the plaintiff and the defendant, the second instance directly skipped the procedure of "".

In French terms, this is: Article 168 of the Code of Civil Procedure: The people's court of second instance shall examine the facts and the applicable law of the appeal request.

Article 323 of the Interpretation of the Supreme People's Court on Application: The people's court of second instance shall hear the appeal request of the parties. Where the parties do not submit a request, it is not to be heard, except where the first-instance judgment violates legal prohibitions, or harms the national interest, the societal public interest, or the lawful rights and interests of others.

Note that the four big words "non-trial" are so clear here.

In other words, the second instance of civil litigation strictly adheres to the principle that "as long as you do not conceal the fact of infringing on the rights of the public or a third party, then the point that you do not report will be strictly and absolutely not mentioned in the review".

……

That's why, in the complaint written by Feng Jianxiong to Ma Hesha, the tone is so concise and concise, and he only pokes one point: "I think that the court of first instance applied the law wrong when it characterized "infringement" or "breach of contract"!"

"The facts, I think it's completely true!"

"The evidence part, it's completely true!"

"The people who investigated and collected evidence were very professional and perfect, and you second-instance court didn't need to look at it at a glance. ”

"Lao Tzu is here to smash the field, that is, to tell you in the face: It is your subordinates who are incompetent, and the law is applied incorrectly!

It's anal.

The female case filer has been in the industry for 10 years, but she has never encountered such a tough appeal with such rigid wording and directly kicking her nose and stepping on her face, so she raised questions at that time.

When other lawyers do this kind of thing, they generally still have to pretend to be wrong and take care of the emotions of the court system!

For example, there are doubts here, and there are doubts. In this way, even if the judgment of the second instance is changed in the end, it can save some face for the judicial system:

You see, the appeal points you raised are not all right, and the part about the facts is just nonsense, so this part upholds the original verdict! However, there is a slight misconsideration in the application of the law, so I will make a few less boards and change the verdict to how to ......

What's more, writing a few more appeal points is not a loss for the lawyer, and it can also appear that he is diligent and has a lot of work, and is worthy of the lawyer's fees given by the client.

It has always been the norm that it has been operated like this, and Feng Jianxiong's biting of a bit of a word like gold is really rare.

If this kind of case is finally changed by Feng Jianxiong's hard anal, it will definitely be a bigger blow to the career of Judge Wang H in the first instance.

Because for the judges of the lower courts, what they are most afraid of is to encounter this kind of misjudgment that "the implementation is clear, but it is the wrong application of the law".

This thing is the most harmful to the judge's personal performance, because the responsibility must be 100% on the judge himself, and it is impossible to shirk it to the investigation and evidence collection and other friendly departments.

How many new judges in grass-roots courts, assistant judges who have been working for many years, are about to have the opportunity to be single-judge for a long time, and if such a thing happens, they will be called back to be assistants for a few more years.

Of course, Feng Jianxiong also has a reason to do this - Yu Meiqin also told Ma Hesha just now, mainly to prevent the second trial from being widely and publicly reported, which will have a bad impact on the public image of Feng Jianxiong and Ma Hesha.

In other words, Feng Jianxiong did not want those "ugly things that he did not take advantage of" to be involved in the second trial.

For this, he is willing to pay the price of "even less consideration for the sentiment of the court system".

And all this is destined to be based on the premise that Feng Jianxiong is very sure of winning the lawsuit.

Otherwise, it will be too late to cry once this measure of "not taking into account the sentiment of the court system" has the effect of substantially influencing the verdict.

This is a big gamble that people who are sure enough to dare to do.

……

Just five days later, the Jiangnan Provincial High Court completed the acceptance and issued the relevant notification documents, including sending a copy to Du Qiuming.

Including Feng Jianxiong's appeal.

When reading Feng Jianxiong's appeal, Du Qiuming was also a little weak-hearted.

The momentum of the other party is really not afraid of heaven and earth.

You don't have to guess this, just look at the degree of the appeal letter.

"It's so tough? Does he think he can win the second trial? Where did he get his confidence?"

"No, although I will win steadily, it is better to find a way to cause more trouble for Feng Jianxiong. Since he is so obsessed with the legal characterization of 'tort' and 'breach of contract'. I'll make another '**** responsibility' and muddy the water......"

"Anyway, both sides of the civil case can be dissatisfied, and both parties can appeal, and I will mention the points that Feng Jianxiong doesn't want to mention...... But it's a pity that those points that have been judged to be favorable to us can't be used anymore, and the material seems to be a little small......"

Du Qiuming gives full play to the level of a top domestic lawyer in a related field, and all kinds of bad water are desperately rising.