Chapter 336 Trial

"In accordance with the provisions of Article 40 of the Civil Procedure Law of the People's Republic of China, in accordance with the law, judge Lu Fengzhen is the presiding judge, and judges Que Zijian and Song Qingshu form a collegial panel, and clerk Chen Shengxiu serves as the court record. Now explain to the parties the rights and obligations in the litigation and the court discipline that should be observed. ”0202

Article 7 of the "Rules of the People's Court of the People's Republic of China" stipulates that litigation participants shall abide by the rules of the court and maintain order in the courtArticle 50 of the Civil Procedure Law of the People's Republic of China stipulates that the parties have the right to follow Articles 51 and 52 of the Civil Procedure Law of the People's Republic of China: the parties 0202 According to Articles 129 and 130 of the Civil Procedure Law of the People's Republic of China: the plaintiff has not permission the plaintiff, the defendant, and the litigation rights of the parties. Do you hear clearly about the obligations and the order of the proceedings that should be observed? Do you want to apply for recusal? ”

Fan Jian and Li Yinglong said in court that they had heard clearly, and said that there was no need to apply for recusal.

"Okay, let's conduct a court investigation now, first of all, the plaintiff Fan Jian will state the request and reasons for the lawsuit, and read out the indictment." The presiding judge said.

Fan Jian stood up, first bowed slightly to the trial seat, turned around and bowed to all the auditors, then turned around and said word by word: "Let me first briefly outline the specific reason, Taohua Village, Jinding Town, Hexi County, because of a stranger Jia Xiaonong, after serving as the head of the village, vigorously develop Taohua Village, Gongli is personal, the spirit is commendable, and he also bought an excavator to selflessly excavate the Mao Road of Tong Village, however, during the excavation of Tong Village Mao Road, a large stone slab was unearthed in the Wanzidi section of the village, with bizarre symbols on it, Jia Xiaonong is knowledgeable, Thinking that it was a cultural relic, he reported it to the local government. The relevant personnel of the Jinding Town Government reported layer by layer, and the last person to come forward was the defendant Li Yinglong. ”

Li Yinglong is a cadre of the Hexi County Federation of Literary and Art Circles, and compared with Jia Xiaonong, the head of the village from a foreign country, he should be more aware of the law and reason, but Li Yinglong took this opportunity to transport the unearthed stone slabs away for research. As a result of the research, he edited it into his monograph "Shenzhou Night Talk", which is known to be popular all over the country because of the unearthing of this stone slab. I am very honored that I have also read the defendant's masterpiece, and I have reservations about the so-called unearthed stone slab as the seal of the ancient god Zhenzhen. ”

However, the defendant speculated and wrote because of the so-called stone slab sealed by the demon suppression, seeking huge profits, and requested the court to investigate his economic responsibility in accordance with the relevant provisions of the "Law of the People's Republic of China on the Protection of Cultural Relics". In addition, the appropriation of ancient cultural relics for himself seriously touched on the relevant regulations of the Cultural Relics Protection Law, and asked the court to investigate his criminal responsibility, and ordered the ownership of the slate to be clearly stated, and recommended that the slate be returned to Taohua Village Wanzidi, because it has been planned by the village chief Jia Xiaonong to become a tourist attraction. ”

Seeing that Fan Jian's statement was finished, the presiding judge was still expressionless, and asked: "Do you ask the parties to make a defense, or read out a reply." ”

Li Yinglong stood up, bowed his head slightly, turned around, and after the salute was over, he turned his head to face the judgment seat, and said sonorously and forcefully: "First of all, I would like to state the background and specific situation of my humble work "Shenzhou Night Talk", in order to compile this book, I spent ten years, going to the villages, visiting the elderly, collecting and sorting, and paid a lot of effort. But I knew that writing an article was the same as being a human being, and we needed a rigorous attitude, so I didn't take the initiative to publish it after it was formed. ”

"The stone slab unearthed in Taohua Village, there were bizarre symbols on it, suspected written records and talisman patterns, etc., I thought this was the seal of the demon in ancient mythology, because it happened to coincide with the local ancient legends, so I compiled my own thoughts into the book. In order to collect these materials, I took samples based on the consent of the relevant departments of Taohua Village, Jinding Town, and even Hexi County. Therefore, the popularity of my "Shenzhou Night Talk" is not because of a sealed slate, but because of my rigorous attitude and hard work. The court is hereby requested to dismiss the plaintiff's allegations of profiteering by speculative writing, and to retract his allegations that I have touched the absurdity of the Cultural Relics Protection Law. ”

"Secondly, I want to talk about the ownership of this Demon Suppression Seal Slab. From the moment the slate left Peach Blossom Village, I didn't think about taking it for myself. After sending it to Hexi County, I did not include it in my private space, but transferred it to the Hexi County Cultural Relics Bureau, from the research to the present, the town demon seal slate has been stored in the cultural relics bureau storage room, this cultural relics storage room administrator Lao Qin can testify, and the relevant records of the cultural relics bureau storage room can also testify! Request the court to reject the plaintiff's false accusation, the so-called request to be dismissed, and require the plaintiff to be responsible for the losses related to my appearance in court! ”

Li Yinglong's reply was the first to say, and he also fought back against the plaintiff, and it was extraordinary, and Li Xue, who had been listening, applauded his father's performance over and over again in his heart!

On the other side, Bai Ruyu and He Yumei, who were listening, were closely attached to each other, and they knew that asking the famous civil lawyer Fan Jianlai to sue Li Yinglong had done a lot of preparatory work, even if Li Yinglong's defense statement was too good, he could not be cleared of his due charges!

The presiding judge immediately made a brief summary of the reasons and basis for the statements of the plaintiff and the parties, and finally made the focus requests of both parties clear, and then said: "According to Article 64, Paragraph 1 of the Civil Procedure Law of the People's Republic of China, the parties have the responsibility to provide evidence for their own claims. Where there is no evidence or the evidence is insufficient to prove the parties' factual claims, the party bearing the burden of proof shall bear the adverse consequences. Evidence shall be presented in court, and the parties shall debate it. Evidence that has not been debated cannot be used as the basis for determining facts. When cross-examining evidence, the parties shall focus on the authenticity, relevance, and legality of the evidence, and question, explain, and refute the probative force of the evidence. Next, I would like to announce that the plaintiff and the defendant are invited to present their respective evidence, and if they are witnesses, please make detailed statements. ”0202

The plaintiff's witnesses were magazine editors and television reporters, who gave full statements and provided sample magazines and videos of the relevant reports.

Lao Qin, a witness for the defense, also provided copies and pictures of the relevant records in the storage room of the Cultural Relics Bureau, and also made a strong statement: "Since the sealing slate came to the storage room of the Cultural Relics Bureau, we have kept it intact. Just yesterday, when I was collecting the materials needed to enter the court, I accidentally found that the demon seal slab was missing, and the entire storage room was intact. Fortunately, just this morning, we received a call that the mysteriously missing sealing slate was not lost, and it had appeared intact in the welcome hall of the Fulong Cave Scenic Area in Peach Blossom Village! Therefore, I testify that Mr. Li Yinglong has never been in possession of this sealing tablet from beginning to end. ”