Chapter 484 . verdict

The news media in the provincial capital have never gone to the courts very much, and the cases that have a small impact are not of interest to others, and the cases that have a big impact have to be harmonious, and the Propaganda Department will issue a press release, and everyone will just publish it. Occasionally, some murderers are convicted or embezzlers are sentenced, and only the social version of the reporter will take a look.

But today is different, with a large number of reporters flocking to fill the Guangming District Court. The district court, of course, did not dare to do anything about it, and immediately reported it to the higher-ups, who immediately instructed them not to let the reporters in. Originally, there were many reasons for not letting people in, such as not making an appointment in advance, and not being related to both parties.

However, the district court had received orders from the other side in advance, and the time for the call was slightly delayed for a while, and this was a case that was heard in public, so there was no reason to deny reporters entry. Moreover, the bailiffs are few and weak, and they will not be serious with the uncrowned king, so if they are not careful, they will let all the reporters in.

The majesty of the law is a matter outside the system, and everyone in the system only talks about power and rank, and no one wants to show majesty to anyone. The media in the provincial capital are all government-run, and at this time, there are even more full-fledged reporters with an organization, and many of them are editors-in-chief and deputy editors-in-chief.

In some provinces, the level of the big newspapers is about the same as that of Guangming District, and if there is an editor-in-chief and deputy editor-in-chief, the district mayor will come out to receive them. The president of the court did not dare to offend, and the people below did not dare to be presumptuous. Therefore, the district court did not do this errand well, and the top cannot be blamed, who called the system like this.

As soon as the judge sat on the chair, there was a sound of flashing photos, and he was dazzled by the flashing lights, he knocked on the wooden hammer and said: "Silence! Then the reporters put the camera on silent, but the flash was not turned off, and they still took pictures, and the judge couldn't do it, because the grade was not as good as that of people, and he had no confidence to speak, so he had to be invisible.

The next is the routine procedure, passing the parties on both sides to court - this is actually a combination of two cases, first Mansha Clothing sued Shengong Group for non-performance of the agreement, and then Shengong Group sued Mansha Clothing to cancel the agreement, both sides said basically one thing, in order to save court resources, so the two cases were combined and tried together.

This is just a superficial statement. The real point is that Huang Wenbin sued in the Guangming District Court, while Zhang Liguo sued in the Municipal Intermediate Court. Huaxia adopts the system of final adjudication of the second instance, and if the judgment is made by the lower court, the parties are not satisfied, and they can appeal to the higher court. The district court is the municipal intermediate court, and both courts are under the jurisdiction of the municipal party committee, and their views on this case are neutral at best.

However, if the first instance is tried in the Municipal Intermediate People's Court, the second instance will be placed in the Provincial High Court, which is under the jurisdiction of the Provincial Party Committee and has never given much face to the Municipal Party Committee. Sun Xuefeng's help to Huang Wenbin is very big when he goes to the court, but it is small when he goes to the provincial high court. Therefore, Zhang Liguo wanted to go to the Municipal Intermediate People's Court to sue, which was to see this.

As for which court should this case be heard? In fact, there are no certain rules, usually small matters are tried by the district court, and major matters are tried by the intermediate court, but what is a small matter and what is a big matter depends on the mind of the superior. Whether the agreement between the two companies should be fulfilled or not, and whether it can be enforced, seems to be a trivial matter. But if it involves hundreds of millions of billions of funds and hundreds of thousands of people's salaries, this is another big deal.

As a result, this time Huang Wenbin won, and the Intermediate Court thought about it, but neither side dared to offend, so it was better to throw it to the next side. As for the lawsuit, it will always come over, that is also a matter of the future, it can drag on for a day, maybe the two sides are fighting, which one of Zhang Liguo and Huang Wenbin died suddenly. Even if you don't die, with such a buffer for such a period of time, you can find a way to dodge.

Zhang Liguo missed this bureaucratic habit and lost the game, and the lawsuit began to be heard in the Guangming District Court.

The parties on both sides went to court - not Zhang Liguo and Huang Wenbin, of course, but the lawyer group representing Shengong Group and Mansha Clothing. The judge asked again: "You two sides might as well mediate first and see if you can reach an agreement." "This is not prevarication, all economic disputes, even if they are not clear, are usually mediated. If you are an ordinary person who does not understand the law, you may have to suffer a loss when you mediate. However, Huang Wenbin and Zhang Liguo are not short of money, and they are looking for barristers, so they will naturally not be fooled.

Mediation comes and goes, and the two sides have a confrontation with the letter of the law, and even the judge does not understand much - this is not surprising, the grassroots judge is busy with affairs, where do they have so much time to study the letter of the law. The laws of China are all made by the people's congress, and they never refer to the opinions of judges, and they are vague, and they often come to "except for other circumstances stipulated by law", except for those who participate in the formulation of laws, who knows what the circumstances are!

Barristers have the connections, money, and time to figure out the new law, and if they can't figure it out themselves, they can also consult people, and many people can go directly to the people's congress to ask the person who made the law, what does this article mean, and where is the boundary in between. However, where the grassroots judges have this condition, they can only figure it out by themselves, and they don't even have time to look at it when they are busy. Usually those small disputes are forgotten, but now when it comes to such a big thing, that bit of knowledge is not enough.

Fortunately, the courts in China will always only learn half of what they learn, although there are also courts, there are also judges, standing on the trial seat seems to be domineering, the witness summons the evidence and asks the defendant to ask the plaintiff, in fact, it is useless at all, it is the collegial panel that really makes the decision, and the evidence and testimony have already been considered, and how to judge it has already been said.

Therefore, the court especially hates the sudden presentation of new evidence, and there are also cases where the court retracts the confession. New evidence is just that, at most it will not be admitted, and retracting the confession will be annoying, and it must be reconsidered as usual. It doesn't matter if he retracts his confession alone, how many people behind him have to work overtime all night.

Fortunately, this is an economic dispute, and the circumstances are very simple, and there is nothing to argue, except for different views on which law to apply. But there were barristers on both sides, and it was not surprising that they had come up with something. When mediation fails, a formal trial ensues, and the judge is worried that the two sides will present any new evidence.

Fortunately, both sides lay out the facts and talk about the evidence, and what they say is old-fashioned, and there is nothing new. The judge finally breathed a sigh of relief, and now it was easy, as long as the judgment was according to the opinion of the collegial panel, no one could blame him.

The dispute between Mansha Clothing and Shengong Group is actually clear. Mansha Clothing and Shengong Group signed an agreement a few years ago, and they can do the same with each other, and now Mansha Clothing asks to fulfill the agreement, and Shengong Group refuses. As for the authenticity of the agreement, because the evidence presented by Mansha Clothing is very conclusive, the Shengong Group cannot deny it.

However, the lawyer of Shengong Group said that this was an agreement several years ago, and now it has long since changed with time, even the board of directors has changed twice, the shareholders have also changed, and the agreement has lost its validity. The lawyer of Mansha clothing retorted that the board of directors was changed, it didn't matter at all, the matter of shareholding was approved by the shareholders' meeting, and the shareholders' meeting was the one regardless of whether it was replaced or not, not to mention that the shareholders' meeting of Shengong Group had not changed much at all.

Then the lawyer of Shengong Group said that our shareholders' meeting passed a resolution last year, and in principle, we will not accept new antiques. The lawyer of Mansha clothing said that your principles are my business, and the agreement has given the right to buy shares, which is a matter between the two parties, and it is not something that you can unilaterally break the contract.

This is to say that a limited liability company is different from a limited liability company, although a limited liability company can also be a joint-stock system, but the shareholders can be exclusive, and if other shareholders do not agree, the new shareholders will not be able to enter. A joint-stock company is different, it can be offered publicly, once the offering agreement is signed, the shareholders agree to it once, and it is useless to change the hexagram later.

The lawyers of the Shengong Group also stated that they were unwilling to honor the agreement and would rather lose money. Of course, the lawyer of Mansha clothing said that I don't want you to lose money, so you must fulfill the agreement. In this case, the court generally upholds the punishment of social justice and supports the continued performance of the contract.

The lawyer of the Shengong Group showed a letter of plea, on which were hundreds of signed handprints, all of which were made by workers in the factories under the Shengong Group, saying that only Zhang Liguo could ensure the smooth operation of the Shengong Group, and the Mansha Group did not know what it was.

If such a thing is said in advance and recognized by the court, it is a sharp weapon of public opinion. But if the court doesn't recognize it, then it's nothing. The lawyer of Mansha Clothing also took out a letter, but it was written by the shareholders of Shengong Group, unanimously asking Huang Wenbin to quickly inject capital into Shengong Group. In terms of shares, it's not much, but in terms of numbers, it's really dense.

After the performances of both sides, it is time to pronounce the verdict. The verdict should not have been pronounced in court, but no one dared to continue to delay, and the people of the Guangming District Court were like pins and needles, whether it was the provincial political and legal committee or the municipal party committee, they were not behemoths that they could offend, and it was difficult to be a person in the middle.

Then we have to judge in full accordance with the law, but how can a basic court know how to judge in full accordance with the law? The judgment was carefully considered, but I was still worried that there was a problem, so I asked the higher court, but I was vague. The originally simple article was quoted by the lawyers, and the Guangming District Court felt vague.

Which side is right! This is the common aspiration of the Economic Division of the Guangming District Court.

The law is not clear, then we must consider social justice and the influence of public opinion, if the Shengong Group is good, you Huang Wenbin is holding a gun and bullying the weak and insisting on buying shares with a lot of money, that is Huang Wenbin is wrong. But Zhang Liguo made a mess of the Shengong Group and almost went bankrupt, and hit his own brother to be seriously injured, which is Zhang Liguo's mistake. Emotionally speaking, it was you Zhang Liguo who made such a lot of things that made everyone so embarrassed, don't you do it!

Since there is a plan, it is necessary to pronounce the verdict immediately, lest there be many dreams at night, and if Zhang Liguo moves out of some great gods, the pressure will be even greater. It is better to announce the verdict as soon as possible, as soon as Zhang Liguo appeals, the case will go to the Municipal Intermediate Court, and there is no need for them to be embarrassed by the district court. So the judge announced the verdict in court.

"This court declares that in the case of the dispute over the shareholding agreement between Mansha Clothing and Shengong Group, the judgment is as follows: Shengong Group should perform the shareholding agreement reached with Mansha Clothing."