The solemn and solemn court building door hangs the national emblem with a diameter of 80cm, and there is a pair of stone carvings at the entrance of the building on both sides of the court - "獬豸" (xièzhì), also known as Xie 廌 or 解豸, is an ancient mythical beast in ancient Chinese legends, the big one is like a cow, the small one is like a sheep, similar to a unicorn, the whole body has thick and dark hair, the eyes are bright and spiritual, and there is usually a horn on the forehead, commonly known as a unicorn. It has angry eyes, can distinguish between right and wrong, can know good and evil, loyal and treacherous, it has high wisdom, understands human words and knows human nature. It can distinguish the straight and straight, and is also known as the god sheep, it is a symbol of justice and bravery, and it is a symbol of the emperor, "Qingping and justice" and "righteousness and brightness". Therefore, in ancient times, the hedgehog became the embodiment of law enforcement justice, and the hat worn by the ancient judge was also called the "hedgehog crown".

Tong Hao, Xiao Wei, Qin Xiangsheng and his secretary had just stepped up the steps, a luxurious Chevrolet stopped in front of them, and a young man in a black suit got out of the car, carrying a briefcase and looking at the people in the car

A young man in a dark blue suit got out of the car, that is, the parties in the defendant's dock today one by one, Si Linshen got out of the car, buttoned the bottom button of the suit, glanced at Tong Hao with disdain, the corners of his mouth rose proudly, and walked to Tong Hao's side, the young man just now stepped forward and followed him

The young man in the black suit looked at Tong Hao, nodded at him, and stretched out his hand, "Lawyer Tong, I am Lu Shu from Jinghe Law Firm, I have heard of you, but I didn't expect to have the opportunity to go to court with you." Lots of advice. ”

Tong Hao nodded lightly at him and held his hand, "Tell me a lot." ”

Lu Shu smiled proudly, "I'm really looking forward to the next game with you." ”

Tong Hao let go of his hand and looked at Qin Xiangsheng, "Let's go in." ”

Qin Xiangsheng looked at Si Lin Shen dissatisfied

Si Lin Shen looked at Qin Xiangsheng, "Uncle Detail"

Qin Xiangsheng snorted coldly, leaned on his back, took a step, and stepped on the stairs layer by layer.

Si Linshen said, "Uncle Shen, my father asked me to say hello to you." ”

Qin Xiangsheng shook his head helplessly, leaving a resolute back to his little rabbit cub, which was really disappointing to him. Think back then, when he was young, he started a business with his father Si Zhenhe, but the brothers who shared the hardships, they each founded a company, he specialized in domestic rice sales, and Si Zhenhe bought land in Thailand to specialize in Thai rice planting, they have cooperated for more than 30 years, he often imports Thai rice in Si Zhenhe's company in the past two years, Si Zhenhe retreated to the second line, and tried his best to assist Si Lin Shen to manage the company he founded Si Lin Shen, under the guidance of Si Zhenhe, outstanding results, Si Zhenhe relaxed his company to Si Linshen, and he took his wife to play everywhere Si Zhenhe's reassurance and decentralization made Si Linshen start to behave mischiefly, driven by interests, treachery, money, and several times to partner companies to make illegal cooperation, the integrity that Si Zhenhe has established for decades was swept away in an instant, and Si Zhenhe, who traveled far away, knew nothing about it Qin Xiangsheng took the initiative to ask for mediation, but he never contacted Si Zhenhe, so he sued Si Linshen in court with a complaint

Tong Hao followed behind Qin Xiangsheng

Upon arriving at the courtroom, a young female clerk sorted out the materials in her place.

Qin Xiangsheng sat in the plaintiff's seat, Tong Hao sat in the middle, and Xiao Wei sat next to him, sorting out the information; Si Lin and his entourage followed closely and sat in the defendant's seat

After the clerk began her pre-trial preparations, she began to read out the court minutes aloud

Tong Hao looked at the clerk's face reading seriously, and suddenly remembered that when Xiyan and they first met, she was his clerk, was she as serious as she was at that time, at that time, he really had no impression of her, whether it was her appearance and figure, but the only thing that impressed him was that she had a ridiculously large number of typos at that time, and she was very disappointed at that time, as a law student, she made such a low-level mistake and wrote so many typos one by one

Thinking of this, "Please all stand up!" The courtroom suddenly fell silent, and everyone in the courtroom stood and fought as they watched the three judges appear from the judges' bench through the judges' passage

The clerk gave an order, "Please be seated!" Everyone sat down slowly

The clerk looked at the presiding judge and reported to him on the pre-trial preparations, "The court preparations are ready, please ask the presiding judge to preside over the trial." ”

On the basis that the clerk had checked the identities of the participants in the proceedings, the presiding judge simply checked and confirmed that there were no mistakes, and after confirming that there were no mistakes, "after the court checked and confirmed in court, the participants in the proceedings who appeared in court were allowed to participate in the trial activities of this case in accordance with the provisions of the law." ”

The presiding judge first tapped the gavel, and then solemnly announced: "The court is open!" ”

After the presiding judge announces the name of the case, the cause of action, the trial procedures, introduces the adjudicators, and informs both parties of their rights and obligations, the trial stage begins

During the presentation phase of the court investigation, the clerk declares that "the parties shall first present their statements and ask the plaintiff to read out the complaint or a brief statement of the claims and the facts and reasons on which they are based." ”

After Qin Xiangsheng heard this, he read out the indictment

"The defendant is now requested to read out the reply or briefly state the claims of the claim and the facts and reasons on which it is based."

Si Linshen picked up the reply and read it word by word, and the voice coming out of his mouth was jerky and clumsy, which made the presiding judge and everyone present feel anxious

Tong Hao looked at Si Linshen expressionlessly, and was not anxious because of his casual attitude

It took nearly three minutes for Si Linshen to finally vomit out the reply that was not written in white letters

"The court now asks questions of the parties on the facts of the case. In response to the court's questions, the parties should truthfully answer the questions and make statements; At the same time, the court shall solicit the opposing party's cross-examination opinions on the parties' Q&A statements. ”

The presiding judge then began to ask the parties some questions, "Plaintiff and defendant, do you have any objections to the contract signed on January 15, 2012?" ”

"Nope." The two said in unison.

"The defendant, on January 15, 2012, signed a rice sales contract with the plaintiff, according to the agreement, on February 23, 2012, you need to deliver 10 tons of Thai jasmine rice to the plaintiff, and the plaintiff sues you for delivering rice that does not comply with the contract, do you have any objection?"

"There are objections. I have a product certificate, a product inspection report, and a product quality certificate. Si Linshen said.

"Does the plaintiff dispute the defendant's claims?"

"There is an objection, and his product inspection report proves to be a forgery." Qin Xiangsheng said indignantly.

"Do you have proof?"

"Yes. I have evidence," Qin Xiangsheng said truthfully.

Tong Hao replied, "Presiding judge, the evidence is listed in the indictment. ”

The presiding judge nodded, "Defendant, the plaintiff claims that the contract is invalid, you don't agree, right?" ”

Si Lin Shen said in an unkind tone, "Aren't you talking nonsense? If so, why should I come to court? ”

Lu Shu, the lawyer sitting next to Si Linshen, pulled his clothes, his eyes hinting

The presiding judge looked at the judge next to Si Linshen with displeasure and warned in a serious tone, "Defendant, please pay attention to your attitude in court."

Si Lin smacked his lips dissatisfied

The presiding judge didn't care at all, after fighting in the court for so many years, he had long been accustomed to being arrogant and unreasonable, "Plaintiff, do you have anything to say about the defendant's reply in the reply?" ”

"Disagree with all of the defendant's pleas." Qin Xiangsheng replied.

Based on the statements of the parties and the other litigation materials of the case, the court summarized the following aspects:

(1) The litigation claim in this case is: the plaintiff Qin Xiangsheng claimed that the contract was invalid, and requested the defendant Si Linshen to bear the liability for breach of contract, compensation for losses and litigation costs in this case.

(2) The parties do not dispute the facts: the validity of the contract.

"Now enter the stage of court investigation and present evidence in court, ask the parties to present evidence in court, and the plaintiff will start first. After the plaintiff has presented evidence, the defendant is to identify and refute the authenticity, relevance, and legitimacy of the evidence, and whether the evidence has probative force and how strong it is. Evidence cross-examination in court is generally conducted in the form of "one quality at a time" or "similar quality". Is it clear to the original defendant? ”

Xiao Wei nodded, looking at the list of evidence that Tong Hao had already prepared and read it one by one

"A copy of the contract signed on January 15, 2012, proving the establishment of the content contract."

"Does the defendant need to cross-examine evidence?"

"No, you don't!" Lu Shu said.

Xiao Wei continued, "The original bill of lading received on February 23, 2012 proves that the contract has entered into force and has been performed. ”

"Accused!" The judge asked.

"No, you don't!" Lu Shu said.

"The collection voucher proves that the plaintiff Qin Xiangsheng has fulfilled the payment obligations under the contract."

"No, you don't!" Lu Shu said.

"The judgment of the plaintiff Qin Xiangsheng in the civil court xxx as the defendant to compensate the plaintiff XXX million yuan No. xxxx caused personal injury to many consumers after eating the Thai fragrant rice delivered by the defendant, so as to prove that the defendant has quality problems with the Thai fragrant rice."

The presiding judge looked at the defendant's seat, "Does the defendant need to cross-examine this article?" ”

Lu Shu said, "I object to this article, this evidence cannot directly prove that the quality of the goods provided by our party is not in conformity." ”

"Does the plaintiff need a plea?"

Tong Hao said, "I want to ask the defendant's lawyer, have you read the judgment No. XXXX made by the civil court xxx? ”

"Yes. The judgment did not directly state that the consumer had caused personal injury by consuming our client's Thai fragrant rice. ”

Tong Hao nodded, "Presiding judge, clerk, can you make a record of the defense opinions of the defendant's defense lawyer?" ”

The presiding judge said, "Clerk? ”

The clerk replied, "It has been recorded." ”

Tong Hao looked at Lu Shu with satisfaction and nodded, "Presiding judge, I don't have anything to answer, I can continue to present evidence." ”

"Keep adducing."

"The quality inspection report issued by the quality supervision department and the composition report of Thai fragrant rice issued by rice cultivation experts to prove that the 10 tons of Thai fragrant rice submitted by the defendant did not meet the requirements of the contract and violated the provisions of the contract, asserted that the contract was invalid, assumed the liability for breach of contract, and assumed the actual losses caused by the plaintiff totaling RMB XXXX million yuan."

"I'm against it. I object to the plaintiff's quality inspection report, which is not subject to judicial appraisal, and the evidence provided by the plaintiff is not sufficient to prove the quality problems provided by our party. Our party has the enterprise quality system certificate, product quality certification mark, certificate of conformity and the certificate of conformity of imported products issued by the customs issued by the national certification body; ”

"Since this case involves professional issues that have not been subject to judicial appraisal, this side respectfully requests the presiding judge to appear in court with the professional assistant selected by the plaintiff and give opinions on the professional issues of the inspection report."

The presiding judge looked at Tong Hao, "Please ask the plaintiff's expert assistant to appear in court!" ”

Soon, a middle-aged expert assistant appeared in everyone's sight in a suit and leather shoes.

After briefly questioning and informing him, the presiding judge said, "Expert assistant, you must explain the professional views on the quality inspection report based on facts, and must not make false statements, otherwise you will bear the corresponding legal responsibility." “

The expert assistant nodded, "I see." “

"Well, let's get started." "I have read the quality inspection report issued by the quality supervision department, and I think the test results of the report are the same as the composition report issued by me, and you can compare the results of the two reports. Thai basmati rice is a long-grain rice native to Thailand and is a type of indica rice. It is world-renowned for its creamy taste and unique pandanus scent. In the test report, I compared the nutrients of 100g of fragrant rice: calories 354.0, carbohydrates 79.8, protein 6.2, fat 1.1, vegetable fiber 0.6, vitamin B10.1, vitamin B20.4, vitamin 2.1, calcium 3.0, phosphorus 66.0, iron 1.9. The composition of the rice tested does not meet the above requirements. From the physical characteristics, it can be distinguished from several aspects: fragrant rice beige is crystal clear, the rice grains are complete, soft and smooth, and the overall appearance should be slender. The average length of an intact whole rice grain is not less than 7 mm. The average width of intact whole rice grains is not less than 3 mm. The crushing rate does not exceed 4.5%. The rice detected in our test report and composition report did not meet the above four physical characteristics, and the test results were more consistent with the Northeast rice produced in Heilongjiang. Secondly, from the perspective of chemical characteristics, the moisture content of Thai jasmine rice does not exceed 14%; The amylose content is between 12% and 19%. Amylose is a type of starch contained in rice grains, and the softness and hardness of rice grains after cooking depends on their content. The rice grains are super smooth, indicating that the lower the amylose content, the higher the purity of the jasmine rice. Thai fragrant rice method oh sodium hydroxide solution, 24 hours to dissolve, we did an experiment, found that the tested rice did not appear dissolved, the nature is more consistent with white rice, the tested rice does not meet the above two chemical characteristics. From the above test, it was found that the Thai fragrant rice provided by the plaintiff was not really fragrant rice from Thailand, but more in line with the rice from Northeast China. “

After hearing this, the presiding judge said, "Does the defense need to ask questions?" “

Lu Shu nodded, "Expert assistant, I don't deny the professional knowledge you stated, but can you tell us face to face, is the rice you tested really rice?" What evidence is there to prove that the rice you tested is the Thai fragrant rice delivered by our client? It cannot be ruled out that it is so fake and true, and casually takes ordinary rice for testing. “

After hearing this, Tong Hao said, "Presiding judge, oppose the hypothetical questions made by the opposing defense lawyer. “

Lu Shu explained, "Presiding Judge, this question is very important to us. “

The presiding judge nodded, "The defendant's lawyer continues." “

Lu Shu looked at the expert assistant and asked, "Did you hear my question clearly?" Do I need to repeat it? "No, I don't." "Presiding Judge, as for what the defendant's lawyer said, I have evidence to prove that I made a video during the test, which is the same bag of rice inspected by the quality supervision department, with a label on it, and it is indeed the goods handed over by the defendant to the plaintiff." "Well, the tape?" "Brought it." The expert assistant hands the video to the presiding judge.

After watching the production process, the presiding judge asked, "Lawyer for the defendant, is there anything you would like to ask?" ”

Lu Shu shook his head, "It's gone." ”

"Does the plaintiff still need to prove anything?"

Tong Hao looked at Xiao Wei, Xiao Wei nodded, "Presiding judge, the plaintiff has finished presenting evidence." ”

"Defendant, it is up to you to present evidence, and the plaintiff is to cross-examine the evidence."