After the decision is made to accept and serve on the other party, there will still be a considerable amount of time before the court of second instance formally opens.

The trial can be held within 15 days, which is the theoretical speed. In fact, it is already a miracle to open it within 1 month.

After all, as Du Qiuming envisioned, the second instance of a civil case is very different from the second instance of a criminal case in the preparation stage of the cause of action - in a criminal case, only the defendant can appeal. However, in civil cases, both the original defendant and the defendant can appeal.

After seeing Feng Jianxiong's appeal, even if Du Qiuming, who was not ready to appeal, wanted to adjust his plan and increase the appeal points, it would be okay. Therefore, the game before the court session can be very complicated.

And these are all happening in places where the onlookers can't see.

Perhaps some idle enthusiasts who have nothing to do while watching the public trial of the courtroom will not know the game after watching it all their lives.

Du Qiuming and Feng Jianxiong respectively began their own secret preparations.

In the blink of an eye, it was already March, and it was the second half of the year, that is, the two sessions of the year had been held, and the deputies and committee members had fulfilled their duties, and their identities were not so sensitive.

Feng Jianxiong found an opportune opportunity to visit his mentor, the old dean who also served as the leader of the law school.

Dean Gong is nearly seventy years old and has officially and completely retired. Whether in the court system, or within the academic system.

Feng Jianxiong's target of studying for a master's degree a year was given to him by the old dean. So now that he's on the job in his first year after graduation, there's nothing wrong with coming back and seeing.

Dean Gong's residence is naturally not an outsider. Anyway, it's a very incorruptible but comfortable existence, it's hard to describe the specifics, and the location can't be said.

"Xiao Feng, are you here to be here temporarily? I haven't asked about those things for a long time, you can go back." ”

When Feng Jianxiong came to the door to ask for a meeting, the old man was pruning the potted plants, and his aura was very indisputable.

Although he is retired, the current president of the Provincial High Court is also his deputy back then, and if Dean Gong talks nonsense, his influence will still be there. Therefore, the old man is very self-disciplined, never talks nonsense, and will not say hello about the case.

"Look at what you said, I'm really busy, and I don't come around when I'm usually fine. Feng Jianxiong first examined himself, so as not to resist the other party.

In fact, he can't be regarded as completely unmoved, when he just graduated with a master's degree, he still came to visit once, which can be regarded as a thank you. At that time, Professor Liu was also invited to get together together, and the gifts given were all in strict accordance with the provisions of N, and the gifts were exchanged, and the commemorative significance was significant, but the monetary value was definitely not high.

Feng Jianxiong will never corrupt public servants, this is his lifelong creed.

Fortunately, Dean Gong also knew about him, so he dared to meet him when the other party had a case. (Of course, the old man has already considered that he is retiring, if he does not retire, even if he knows that Feng Jianxiong does not corrupt people, he will not meet in private when the other party is carrying the case)

There are some things that it is better to make clear first.

"My intention this time may indeed be related to the case......" Feng Jianxiong pondered his words.

"Then you still don't get out?" the old man's eyes suddenly flashed, and Sen Ran scolded.

"Don't worry, I said that it is related to the case, not that I have any demands for the progress of the case - I have some suggestions that are good for the prestige of the judicial system in this province, I hope you will listen to them all the time, and I definitely do not want to interfere with the trial. Feng Jianxiong hurriedly sped up his speech, and sprayed the dry goods before the other party drove him out.

"Don't give me any nice words!" the old man shook the pruning knife, but did not immediately call out to the bodyguards to push the man out.

This is already a chance for Feng Jianxiong to speak.

As long as he does not refer to the specific facts of the case.

Feng Jianxiong knew that the opportunity was rare, and immediately poked at the other party's sore spot in a roundabout way:

"Dean, when Judge Wang's 'Peng Y case' came out the year before last, you knew the bad impact. Although it was only a case in which an ordinary judge of the Municipal Intermediate People's Court made a mistake, although the Organic Law of the People's Court clearly states that the relationship between the higher court and the lower court is not one of leadership.

However, will the people know that if something happens, it is not the higher courts that will be implicated?"

According to domestic law, there is a direct leadership relationship between the higher and lower levels of the procuratorate, and the higher-level procuratorate can directly direct the work of the lower-level procuratorate.

However, in the court system, courts at all levels exercise adjudication power independently, and the highest decision-making power in a court lies in the adjudication committee. (Note that, legally, the court system is the responsibility of the adjudication committee, not the president.) But in practice...... In some courts where the president is relatively strong, the adjudication committee is equal to the president, but of course this cannot be said. ）

Therefore, strictly speaking, if a city's intermediate people's court makes a mistake in judging a case, the most it can do is to change the judgment when it is brought to the provincial high court for the second instance. But the Provincial High Court should not take the blame for the fault of the Municipal Intermediate Court below.

It's a pity that since there are so many relationships that are not cleaned up and messed up in reality, there is no way for the media to stare at the provincial high court when they are held accountable.

Dean Gong knew the pain back then.

Therefore, as soon as Feng Jianxiong mentioned it, it touched the string in his heart: "The judicial system of this province can no longer have an accident in a case that is the focus of public opinion".

"What the hell are you trying to say!" the old man asked, taking a deep breath.

Feng Jianxiong took the opportunity to explain his plan thoroughly: "I don't want to have anything to say about the case. I just want to state that this case is very complicated, because since the enactment of the Property Law two years ago, the determination of the level of legal interests of the confrontation between the absolute right and the right to control the movable property right and the 'relative right of creditor's right and the right to claim' has never been seen before in domestic judicial practice.

The Property Law clarifies the absolute right of property rights, and so far most of them have only been widely used in the field of real estate. In the field of movable property, at most, it is property to be registered, such as vehicles and ships. As for electronics and other non-registered movable property, and even their conflicts with intellectual property rights, I dare to pack the ticket like never before.

In such a difficult case, shouldn't the Supreme People's Court be asked to explain the application of the relevant laws?"

The old man thought for a while, took a deep breath, and concluded: "So, you just hope to be able to apply for an explanation from the Supreme People's Court for a law that has not been used in practice? In this way, the province will push out the responsibility? No matter how the Supreme Court explains it in the end, it is their responsibility?"

"What's wrong with that?" Feng Jianxiong asked with a look of trepidation.

"There's nothing wrong with that, but no matter how you judge it, it's not our fault. The old man muttered to himself.

Remind old colleagues and subordinates that when they encounter laws that have not been used in judicial practice nationwide, they should ask the capital for instructions...... Shouldn't this be considered "interference with judicial independence"?

The old man thought about it and felt that his judgment was correct.

It's not to make you lean toward the plaintiff or the defendant, it's just to remind you to "don't pretend to understand", which is very legitimate!

"Let's go, this thing...... I won't say much, but I'm sure Xiao Cai will understand this truth on his own. The old man hesitated and said.

Feng Jianxiong knew that this had already happened.

For him, the purpose of coming here today is to ensure that the Jiangnan Provincial High Court does not know how to pretend to understand, and to ensure that it will finally stab the Supreme People's Court's Legal Interpretation Office, which is enough.

As long as an explanation can be sought in a case, some new ideas will be explained.

What I'm afraid of is that I don't explain anything, and just think that it's okay here, "I don't understand it, but I think I understand."

It's like Rumsfeld's serial oral fetish.

……

A few weeks later, on a weekend, Dean Cai met with a retired veteran leader in an indescribable place like a sanatorium or a dry retreat.

Everyone is very restrained and doesn't say things that shouldn't be said.

"Xiao Cai, the judicial system of this province has been criticized a lot by the society in the past two years, and the image is under great pressure. We must be worthy of our hearts, ask questions if we don't understand, and seek truth from facts. ”

Dean Cai pondered for a while and knew what was going on.

Be realistic.

That's a good word.

It seems that seeking truth from facts is a righteous and just sentence.

But what does it mean to be realistic in the legal profession, especially when encountering new and difficult cases?

This means that you have to think about "what would have been done if you had pretended not to see such an unclear point here"?

No doubt.

If there is no Property Law in China today, there are no problems and reflections in the field of legal interest consideration of the right of control and the right to claim......

If this problem does not exist, it will return to the old-fashioned basic principle of "good faith" in the General Principles of the Civil Law more than ten years ago.

What will be the outcome of this case?

There is no doubt that if the ambiguous law itself did not exist, Du Qiuming would have won today's case.

Therefore, even if it is just a request to clarify the ambiguous laws and "seek truth from facts", it is already beneficial to Feng Jianxiong.

"I'll go back and sort it out. At present, there are several cases on the side of the civil court that are more complicated and unclear, and it is really necessary to seek truth from facts, and we cannot pretend to understand them. If you don't understand, just ask. ”

Dean Cai said in an official tone that he could understand the painstaking efforts of the old leaders.

Moreover, it is also good for him personally, for the whole system.

The judicial circle in Jiangnan Province really can't tolerate any more scandals, and there is nothing wrong with being able to push the blame out.

In the process of the trial, these big names will not be contacted.

At best, among the several civil divisions of the Jiangnan Provincial High Court, a certain president can directly intervene. Accept the baptism of Feng Jianxiong and Du Qiuming's positive and negative words.

However, with the progress of the trial, a formal letter of request for instructions was also sent to the capital as scheduled, which attracted great attention from the relevant departments.