Chapter 158: There's a kind of don't leave after school
"According to Article 30 of the Administrative Measures for Information Disclosure of Listed Companies, Xie Group shall make an interim report to the regulatory authorities and the public immediately after the case is filed. Pen × fun × Pavilion www. biquge。 It is a pity that it has been nearly a month since the case was filed, and the Xie Group has not said a word about this lawsuit. ”
"As the largest shareholder of Xie Group and the chairman of the board of directors, Xie Xiaomeng, who is the defendant in this case, should bear the main responsibility for this dishonest incident. This incident is also enough to prove that Xie Xiaomeng is not an honest and reliable person, and reminds the court to maintain a high degree of skepticism about the words and deeds of the defendant Xie Xiaomeng! ”
The piece of evidence that Han Dong threw out was beyond Hu Jinping's expectations. He had already reminded Xie Xiaomeng to disclose this lawsuit, but he didn't expect Xie Xiaomeng to take his words as a deaf ear. Despite being caught off guard, Hu Jinping remained calm.
"Remind the court to pay attention to several points, first, this evidence can only prove that the Beijing Securities Regulatory Bureau decided to open a case for investigation, and it does not mean anything. As for whether Hsieh Group has violated information disclosure, the results of the investigation are still pending. In other words, it cannot be determined that the Xie Group's letter and approval are in violation of the law because of this evidence, let alone that there is a problem with the personality of our party! ”
"Second, even if the investigation by the Beijing Securities Regulatory Bureau concludes that Xie Group has violated the rules, it does not mean that our party is not in good faith. Whether or not to disclose the information in this case is a collective decision of the Xie Group Company, not a decision made by our parties alone. The Hsieh Group should be treated separately from our parties..."
"Third, we agree with the judge's refinement of the focus of the trial, that is, whether the will is true. As for the character of our client, it has nothing to do with this lawsuit. ”
Hu Jinping is worthy of being a barrister, and he easily defused Han Dong's offensive. When Han Dong saw the thoughtful looks of the three judges, he knew that they were almost pulled astray by Hu Jinping. Han Dong decided to attack Hu Jinping's vital point.
"Lawyer Hu, I just heard you talk about a bunch of your personal views on the handwriting of the will, as a peer, I admire your erudition and talent!"
Han Dong arched his hand at Hu Jinping, looking like I admired you. Hu Jinping smiled smugly and did not respond. Han Dong's small role is not worth his concession.
Shang Qian's originally tense face relaxed, Han Dong this guy likes to be funny and killing, first lifting the other party to the sky, and then stepping into hell with one foot, so that the other party can instantly feel the ups and downs of life.
"So, you're supposed to be a document verification engineer, huh?"
As the name suggests, a document inspector is an expert in identifying writing marks, seals, printed documents, and currency tickets. There are not many people with this title, and there are only tens of thousands of people in the country. Without this title, the appraisal opinions issued are basically equivalent to nonsense and cannot be used as evidence admissible in court. Han Dong is betting that Hu Jinping does not have this title.
Hu Jinping's face changed slightly, "This... Well, I'm very accomplished in document inspection..."
Han Donglang interrupted him and said, "Lawyer Hu, please answer me positively, do you have the qualifications of a document inspection engineer?" ”
Hu Jinping looked at the judges and found that they were also quite interested, so he could only answer positively, "No." ”
"Oh, in other words you're just a civilian, a citizen scientist in this regard? In this case, your opinion cannot be used as evidence in court, nor can it be said that our will is forged! ”
Judge Bian and the members of the collegial panel observed the confrontation with great interest, and the young female judge was impressed by Han Dong. Don't look at Han Dong as a black lawyer, but this debate is also a set.
"Some knowledge is common sense, and you don't need qualifications to prove it, just like the sun rises in the east and sets in the west, even a primary school student can prove it." Hu Jinping is a little short of words, and it is indeed a hard injury to judge without the qualifications.
"Oh, so those cross-examination opinions of yours are elementary school students' homework? In this way, I will not hold you accountable for slandering us for forging a will. ”
Han Dong turned to the judges, "I would like to draw the court's attention to the fact that the identification of handwriting is a highly professional and specialized technology, and the opposing party, lawyer Hu, is not a document inspection engineer, and his cross-examination opinions on our evidence have no effect at all." In view of the fact that the other party could not produce any other evidence to prove that the evidence submitted by us was not true, we asked the court to accept the will. ”
When Bian Qin heard this, he immediately discussed it with the other two collegial panel judges. Han Dong's words are not unreasonable. The three of them discussed in a whisper for a moment, and the presiding judge, Bian Qin, asked Hu Jinping, "Has the defense submitted any counter-evidence to the court?" ”
The so-called counter-evidence is the evidence that overturns the authenticity of the will. Hu Jinping's brain was running at high speed, and from the words and expressions of the judge's inquiry, he knew that the two hammers of the black lawyer opposite had knocked on the hearts of the judges. We have to find a way to turn the situation around, Hu Jinping took a deep breath and said quickly.
"Judge, it's not that we don't have no evidence, we have entrusted Professor Zhou Dasheng, director of the Evidence Center of the China Criminal Police Academy, to issue a handwriting appraisal report for us, and the specific report has not yet been issued. Due to the huge amount of money in the case and the fact that it involves a high-quality listed company, we ask the court to make a prudent judgment before issuing an appraisal report. ”
When the lawyers tell lies, their faces do not change their colors and their hearts do not beat, which is as simple as eating and drinking. Hu Jinping's remarks were an idea he came up with on the spot, in order to delay time and find foreign help.
As long as the court adjourns today, he will immediately go to Professor Zhou Dasheng of the China Criminal Police Academy, whether it is money or beauty, in short, let Professor Zhou issue an appraisal opinion in their favor.
The physical evidence technology identification discipline of the China Criminal Police College is the most advantageous discipline in the country, and Professor Zhou Dasheng is a world-renowned expert in physical evidence technology.
Shang Qian looked at Han Dong, if the experts of the China Criminal Police Academy issued an unfavorable appraisal report on this lawsuit, then this lawsuit is likely to be GAMEOVER.
Han Dong didn't care about any court rules, jumped up and retorted, "I would like to draw the court's attention to the fact that the defendant's application for appraisal has exceeded the statutory time limit and should not be allowed in accordance with the law." ”
In accordance with the provisions of law, an application for appraisal shall be submitted to the court before the expiration of the time limit for presenting evidence. However, in reality, some judges do not comply with this provision in order to find out the truth of the case.
After exchanging views with two colleagues, Judge Bian decided to adjourn the trial. "Plaintiff, whether the will is true or not is related to the characterization of this case, and this court has decided to allow the defendant to delay the submission of relevant evidence for half a month."
Han Dong shrugged, "Judge, if you insist, I reserve my opinion." ”
"Very good, then the defendant is requested to submit a unilateral appraisal opinion within half a month, if it cannot be provided or the expert opinion provided is seriously flawed, this court will accept the plaintiff's evidence according to the circumstances."
"No problem, Judge, thank you for your prudent judgment!" Hu Jinping glanced at Han Dong, and the meaning of provocation was obvious. The ginger is still old and spicy, so don't come to the eggs to touch the stones. It's a pity that Han Dong didn't receive his eyes, he was closing his eyes and thinking about what to do next.
"Then the court will now be adjourned, and the specific court time will be notified separately."
With a crisp gavel, the lawsuit was postponed in a daze.
Han Dong was depressed, Shang Qian saw that he was unhappy, and comforted him softly, "It's okay, isn't the other party just dragging time?" Fifteen days passed quickly anyway. ”
Shang Qian's Taoism is still shallow, and he can't see the Taoism here. Fifteen days is a very fast time, but it is very likely that Professor Zhou Dasheng will issue an appraisal opinion in favor of Xie Xiaomeng. By that time, the lawsuit had basically been lost in half.
It is important to know that the burden of proof on the plaintiff is to prove that there is such a thing, which is not a small pressure. The burden of proof on the defendant to prove falsification is relatively clear, as long as the water is muddy.
Once Zhou Dasheng's appraisal opinion was in favor of Xie Xiaomeng, the water would be muddy. Shang Qian also thought of this layer after a moment, and she proposed, "Shall we also find an expert to come up with an appraisal opinion?" ”
Han Dong shook his head when he heard this, firstly, the fees of the top experts were not low, and secondly, Zhou Dasheng said that the will was fake, and the experts on Han Dong's side said that it was true, this was still a pond of muddy water, and it was not crystal clear. In other words, they also found an expert to confront them, and the money spent may not be useful.
After studying the 40 billion Hong Kong dollar inheritance dispute of Nina Gong on Hong Kong Island, Han Dong is even more skeptical of the so-called expert appraisal. At that time, Nina Gong found three top physical evidence technical experts in the mainland to confront Resnievic, the top physical evidence technical identification expert in the United States, and the result of the fiasco in the first instance is very revealing.
Nina won the case in the final appeal on the grounds that the judge could not confirm that the Will she held was forged. But don't forget that Nina Gong is the defendant, which means that her position is completely different from Han Dong's, she just needs to muddy the water.
And her father-in-law, as the plaintiff, did not pull the situation back even if he invited top experts from the United States. In mainland courts, judges all have Bao Qingtian plots, and they will not give up at all if they don't make the facts clear about such a large amount of lawsuits. Therefore, if Han Dong wants to win this lawsuit, it is useless to find an appraisal expert, and the water must be cleaned.
As for how to clean up this pond water, Han Dong has no idea yet. He walked out of the courthouse with Shang Qian at a loss, and was greeted by Xie Siqi, who was waiting for him.
"How's it going?" Xie Siqi asked anxiously, Han Dong didn't let her appear in court, she kept sticking her neck and waiting outside the court.
"It's optimistic for now, don't worry, the victory will be ours in the end." Han Dong couldn't tell Xie Siqi about the current dangerous situation, which would do nothing but cause worry. As the core of this anti-Xie Xiaomeng team, he had to cheer up the team members from time to time.
Waiting outside the courtroom was Xie Xiaomeng, who was driven out in embarrassment, and when he saw Han Dong coming out, he made a provocative gesture to wipe his neck.
Han Dong happened to be depressed, and when he saw a monkey provoking, he immediately walked up, "Mr. Xie, you are so hanging, do you want to play heads-up?" Right here, dare you? ”
Han Dong was as tall as a wall in front of the little man Xie Xiaomeng. Thinking of Han Dong's physique and big terrifying hand strength, Xie Xiaomeng shrunk his neck and didn't dare to accept it, but just stiffened his mouth and said You wait for me.
Han Dong smiled contemptuously, "Just wait, wait, I'm afraid of you, don't leave after school!" ”
Xie Xiaomeng saw Han Dong bully, and he didn't care about Lawyer Hu behind him, so he fled in embarrassment.
Han Dong pointed at Xie Xiaomeng, who was running away with his tail wagging his tail, and laughed at the second daughter, and the depression in the trial was also swept away.