Chapter Forty-Eight: The Article Is Well Written, and the Meal Requires Rice to Old Age (Third Update)
"Alai, find out the file of Xue Baobao's case. Pen Fun Pavilion www.biquge.info"
At the beginning of a new day, Li Mingshan instructed the clerk A Lai to transfer out the case that Zhu Jianhao had requested. Ah Lai was quick with his hands and feet, and soon found the case file that Li Mingshan wanted in the mountains of files.
The facts of this case are simple, the judgment of the judge of first instance is well written, and the reasoning is very convincing. Li Mingshan fell into deep thought, if there is anything to be done in this case, it is evidence. The plaintiff Xue Baobao has at least one piece of direct evidence, but the defendant's side is all indirect evidence.
It is common knowledge in law that direct evidence is naturally more powerful than indirect evidence, unless indirect evidence forms a chain of evidence. Judging from this case, it is also far-fetched to say that the chain has been formed.
Li Mingshan thought of Lawyer Zhu's two soft Chinas. He decided to reverse the first-instance verdict on the basis of the evidentiary effect. He took out a pack of cigarettes given by lawyer Zhu, lit one himself, and scattered one to the clerk Alai, carefully pondering how to justify himself.
Wait a minute? It seems that there is an article in the "People's Legal Daily" that publishes a similar situation? Li Mingshan suddenly thought of it, and he hurriedly asked Lai to turn out this issue of the newspaper. This article was written by a colleague of the First Civil Division of this court, and the whole court also organized a study of it. Li Mingshan did not agree with his views. However, he admits that this guy can be in the newspaper, and his strength is not bad.
The author is Han Dong, also from the Intermediate Court? Hell, why didn't I know that there was such a number one person in this unit? Could it be a newcomer?! He flipped through the file and found that the agent of the appellee Dong Xiaolei was also named Han Dong.
Is this too much of a coincidence? He took out his unit's phone book and checked it carefully. There are a few Zhao Dong and Li Dong, but Han Dong has none. He dialed Song Qingshu's office number, "Judge Song, didn't you and another of our colleague Han Dong publish a paper in the People's Legal Daily last time, I have some questions to ask him, do you know his phone number?" ”
Song Qingshu didn't know Li Mingshan's intentions at all. He laughed and said, "Brother Li, there is a big misunderstanding here, Han Dong is a student, and he is not a colleague of our academy at all." ”
"Oh, that's it, then it's not a bother." Li Mingshan hung up the phone, and was basically sure that this Han Dong was the other Han Dong. This lawsuit is a bit complicated, it seems that Dong Xiaolei's agent is not a good person. The court of first instance was obviously led by the nose by this lawyer Han.
Li Mingshan finished drawing one and replaced it with another, and there was a war between heaven and man in his heart. In the end, cigarettes triumphed over reason. It doesn't matter, isn't it just that you can write articles? As the saying goes, if the article is well written, you will have to eat until you are old. No matter how much the icing on the cake is an article, it is just an opinion, not a law, so why bother with it.
At the level of the Intermediate Court, judges have their own personalities. Generally unwilling to easily submit to the opinions of others. It's just that lawyer Zhu has to know how much pressure he has withdrew, and it shouldn't be too much to go to the entertainment city to wash his feet and sing a song, right? !
Li Mingshan decided to ignore Han Dong's article. The second instance does not need to be heard, and the judge can directly hear the trial in writing. The court of first instance investigated the facts of this case very clearly, and there was nothing that needed to be further investigated. Li Mingshan decided to write the verdict first.
Eating people with a soft mouth and short hands, Li Mingshan is not easy to delay this case. He drafted the verdict that morning. Just waiting for the president to sign and affix the court's seal, this is the final judgment.
"Hua Ting, I have a draft of my judgment, please help me review it." Li Mingshan took the freshly released draft verdict and strode to the president's office. President Hua was reading the newspaper when he put down the newspaper in his hand when he heard this, picked up Li Mingshan's verdict and read it carefully.
The thin three-page draft was not long, and it didn't take President Hua a few minutes to read it. Li Mingshan is an old judge, and there is nothing wrong with the verdict. He signed his name with a flying phoenix.
Li Mingshan was secretly happy, just waiting for the big seal to be stamped, and Lawyer Zhu's friendship was returned. He didn't ask the clerk Alai to run errands, and ran to the office himself to use the seal.
"Alai, send this verdict." Li Mingshan threw the verdict of using the Great Seal to the clerk. Lai answered, wrote the delivery slip, stuffed it into an envelope, and threw it into the mailroom along with the other papers. Just wait for the postman to come to the door, and it can be delivered.
Li Mingshan saw that the matter was done, and was about to make a phone call to report the good news to Lawyer Zhu. A rapid ringing of the mobile phone came from his waist. He took out his mobile phone and saw that it was President Hua.
"Mingshan, did you send that verdict just now?" President Hua's tone was hurried, and he seemed to be in a hurry.
"It's been sent out" Li Mingshan was a little inexplicable.
"It's broken, it's broken." President Hua said twice in a row, and Li Mingshan also became serious.
"Huating, what's wrong? The mail should still be in the mailroom and not sent. ”
"Okay, find it out and bring it to my office." When President Hua heard that there was still salvation, he couldn't help but feel relieved.
"Be quick." He urged again. "Got it, Huating, I'll bring it to you right away." Li Mingshan frowned, he really couldn't think of Hua Ting, why did he look like he was burning his eyebrows.
Li Mingshan called Alai, and the two searched for a long time in the mountains of mails before they found the verdict. Sweating profusely, they hurried to the President's office.
"Mingshan, your judgment is a bit problematic, and it is recommended to change it." Seeing that the verdict had been recovered, President Hua was reassured. He handed Li Mingshan a cigarette, Li Mingshan quickly took it, and lit it for Huating by the way.
He asked a little humbly, "Hua Ting, what do you mean?" ”
"You have a bit of a problem with the identification of evidence, I think you might as well refer to the article published by Xiao Song in the "People's Legal Daily" of our court." President Hua took a puff of smoke and said slowly.
"Huating, I personally believe that the decision should be based on the law, and academic views can only be used as a reference." Li Mingshan argued on the basis of reason.
President Hua glanced at him unexpectedly, Li Mingshan is usually respectful to himself, but something is wrong today. He didn't think much about it, just thought that Li Mingshan resolutely defended his views. These judges of the Intermediate People's Court all have their own opinions, and they are not very good at dealing with each other, and President Hua knows it well.
When it comes to the battle of opinions, it is not easy for him, the president, to use his power to oppress others. He thought about it, opened today's "Binhai Metropolis Daily", pointed to a report, and reminded Li Mingshan: "You take a look at this first." ”
President Hua pointed to a report titled "Evil Mother Breaks Up Marriage and Makes Money, Justice Judge Holds Up a Piece of Sky for Single Mother" and motioned Li Mingshan to read it carefully. What the hell is Huating doing? The will of the leader cannot be violated, and Li Mingshan watched patiently. The more he looked at it, the more frightened he became, isn't this news about the case in his hands, even the surname of the person concerned is the same.
"Mingshan, when we handle cases, we must not only talk about the legal effect, but also the social effect. This news, if I guessed correctly, is about your case. Think about it, if you overturn the case and the verdict is issued, what will be the impact? ”
President Hua said earnestly. He only saw this report after it was signed, and then he hurriedly asked Li Mingshan to recover the documents.
Li Mingshan was reminded by this, and he broke out in a cold sweat. Hua Ting is right, this newsletter from Binhai Metropolis Daily nailed the plaintiff Xue Baobao to the pillar of shame, and greatly exaggerated the pity of the defendant Dong Xiaolei. In the news, the judge of the first instance is simply the reincarnation of Bao Gong. If he changes his sentence, won't he become a gourd monk?
If this verdict is sent out and stabbed in the newspapers, he will become the target of public criticism. He seemed to see the rotten eggs, rotten cabbage, and spitting stars of the common people, and threw them at him one after another.
Not to mention that if the people's resentment boils and arouses the attention and anger of any leader, they will launch a surge, and all this little bribe on their body will be investigated. Thinking of this, Li Mingshan was afraid. The eyes in his eyes that looked at Hua Ting were full of gratitude. A lifetime of fame, almost ruined.
"Hua Ting, I think about this case very simply. I'll change the verdict when I get back. Compared with Lawyer Zhu, Li Mingshan knows which is more important.
President Hua nodded, "I'll show it when it's changed." Li Mingshan replied and walked out of the president's office with heavy steps.
The case of the evil mother is being spread on the Internet. Li Mingshan closed the webpage, hesitated for a moment, and called Zheng Shaoqiu in the bathroom, "Zheng Ting, what I said at the last dinner is on the outlet, and it is not easy to do it, so I apologize to Lawyer Zhu for me." ”
Zheng Shaoqiu asked the reason, said that he knew, and hung up the phone. Back in the office, Li Mingshan paced back and forth for a long time before he made up his mind to return the cigarette money to Zhu Jianhao.
You can't ruin your reputation and future for two cigarettes, right?!