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

Lu Shu looked at Si Lin Shen, who was sitting next to him and bowed his head and playing with his mobile phone, and inexplicably rose with anger that hatred of iron and steel, "Presiding Judge, we have a clean bill of lading to prove that the goods provided by the defendant have no quality problems. For this purpose, our party can also provide a witness, the carrier who transported the goods, to prove that the goods are in good condition and that there are no quality problems. ”

"Plaintiff's side!"

"Presiding Judge, can you please explain to the opposing lawyer what a clean bill of lading is?"

The presiding judge looked at Tong Hao with a meaningful gaze

Tong Hao said solemnly, "Presiding Judge! ”

The presiding judge said, "Defense lawyer on the other side, please explain what a clean bill of lading is." ”

Lu Shu's eyes are full of disdain, is the legendary Tong Hao just like this? to be careful about such a small issue" means that the goods are in good apparent condition at the time of receipt/loading by the carrier. If the carrier disputes that the goods are prima facie good, it makes an endorsement. ”

Tong Hao nodded with satisfaction, "Clerk, please record the statement of the defendant's defense lawyer word for word." In particular, the 8 words "the goods are in good condition"! ”

The clerk nodded, and looked at Tong Hao curiously, why does this lawyer always ask her to record the defense opinions of the defendant's lawyer, even if he doesn't remind her, she will do it, if it weren't for seeing him so handsome, she probably would have rolled her eyes at him with dissatisfaction

"Presiding judge, please continue to present evidence."

Lu Shu continued, "Presiding Judge, our party has the enterprise quality system certificate, product quality certification mark, product quality supervision and inspection report issued by the two national certification bodies of China and Thailand, as well as the certificate of conformity issued by the import and export customs, and these evidence are sufficient to fully prove that the Thai fragrant rice submitted by our party meets the requirements of the contract and has not breached the contract." ”

"Plaintiff."

"No comment." Tong Hao said.

"The defendant continued."

"Presiding judge, I have several contracts that the plaintiff and the defendant have cooperated with several times, and these contracts are exactly the same as the contracts signed on January 15, 2012, except for the difference in the amount and quantity of the subject matter, the parties, the subject matter, the mode of transportation, and the payment method, and these contracts just want to prove that for senior and old customers who have cooperated for many years, according to common sense, we will not categorically provide goods with defective quality."

After hearing this, Tong Hao said, "Presiding Judge, this evidence is not relevant to evidence. ”

The presiding judge nodded, "Lawyer for the defendant, does this evidence have any connection to this case?" ”

"Presiding Judge, this evidence is intended to prove that there has been a cooperative relationship between the parties for many years." Lu Shu emphasized.

The presiding judge said, "The defendant's defense lawyer, this evidence will be excluded because you only deny that the defendant may provide goods that are inconsistent with the contract because you have only considered that the plaintiff and the defendant have a cooperative relationship for many years, and it is not relevant to the evidence." Please continue to provide evidence. ”

Lu Shu nodded, "Presiding Judge, I would like to ask Zhao, a witness in this case, to testify in court to prove that the goods provided by our party are in accordance with the contract." ”

The presiding judge looked at Tong Hao, "Plaintiff's lawyer." ”

"No comment."

The presiding judge announced that "witnesses will be summoned to court." ”

A middle-aged man appeared on the witness stand, and after the presiding judge gave him a series of confirmations, questioning, and other behaviors, he began to inform, "Witness, please objectively state the facts you personally perceive, and you must not make false statements, otherwise you will bear the corresponding legal responsibility; Testimony must not use speculative, inferential, or critical language. Ask the witness to give a pledge in court or sign the pledge. Clear? ”

"Clear." After the witness finished speaking, he signed the bond.

Lu Shu nodded to the witness, and then began to ask, "Witness, could you please describe the condition of your cargo before it was loaded onto the ship." ”

"On February 1, 2012, I received 10 tons of Thai fragrant rice from the shipper and wanted to deliver it to Shanghai. When loading the ship, the goods submitted by the shipper did not appear to be short, improperly packed, etc., and I signed a clean bill of lading; During the shipping period, the goods were in good condition until they arrived in Shanghai, and the consignee picked up the goods with the original bill of lading. ”

"Is the goods kept in good condition until they reach the consignee?"

"Yes."

"Do you know what the cargo is?"

"Yes, jasmine rice produced in Thailand."

"What else do you have to prove it other than the packaging tape that says Thai jasmine rice."

"Test report."

"Okay."

"Presiding Judge, I'm done." After Lu Shu finished speaking, he looked at Tong Hao proudly.

Tong Hao shook his head

"Plaintiff's lawyer, do you need to ask questions about the witnesses' statements?"

Tong Hao nodded, "Yes." ”

"Witness, on February 1, 2012, when you loaded the cargo submitted by the shipper, Taiji, on the ship, you signed a clean bill of lading, right?"

"Yes."

"What are the prerequisites for signing a clean bill of lading, can you tell us?" Although Tong Hao's tone was indifferent, he was full of aura, which made the witness feel a little pressure

"Of course, the premise is, of course, that the goods are issued only if the surface quality of the goods is intact, there are no defects, improper packaging, etc."

"Then will you inspect the substance of the goods? For example, do quality inspection? ”

The Witness Conditional Launch quickly replied, "That's not the carrier's obligation." ”

When Lu Shu heard this, he glanced at the witness with a warning look in his eyes.

Only then did the witness realize that he was talking too fast, forgot all the words told him by the defendant's lawyer, and licked his lips nervously, "but the shipper submitted a series of documents such as the quality inspection report and the certificate of conformity to me." ”

Tong Hao looked at the witness solemnly, and emphasized in a serious tone, "Witness, what I'm asking is that you will take the initiative to do quality inspection of the goods?" ”

The witness glanced at Lu Shu, who bowed his head lightly to him, "Yes." ”

After hearing this, Tong Hao sneered, "Reason? ”

The witness was speechless, "Reason? The shipper consigned too many goods, and in order to be sure, I carried out quality inspection of the goods. ”

"Excuse me, what about your test report?"

"Report?" The witness looked at Lu Shu anxiously.

Lu Shu said, "The report is with me. ”

The presiding judge said, "Submit it." ”

The clerk handed the report to the presiding judge, and the three judges took turns to look at it, and then asked the clerk to hand it to Tong Hao, and after Tong Hao read it, he looked at the witness with sharp eyes, "Witness, did you arrange the test?" ”

"Yes, yes!" The witness was a little weak by Tong Hao's eyes, and spit out words hesitantly.

"Have you read the content of the test report?" Tong Hao asked in a cold tone.

The witness was taken aback by the coldness on his body, "I've seen it." ”

"Then you should have a clear understanding of the contents of the report."

"Hmm." The witness replied uncertainly.

Tong Hao glanced at him, and then looked at the report, "What is the moisture content of Thai fragrant rice, this is written on the report, you should know!" ”

Cold sweat began to break out on the witness's forehead, and his eyes looked at Lu Shu anxiously, trying to ask him for help

After Lu Shu received the message, "Presiding Judge, the plaintiff's lawyer's question is too embarrassing. ”

"Presiding judge, this is the most basic content of quality inspection, if the witness really carried out the test, it is impossible not to know the basic information of the test, otherwise how to judge whether the carrier has done the test and whether the goods he is carrying are really Thai fragrant rice. Therefore, I implore the presiding judge to allow the witnesses to answer my questions positively and truthfully. Tong Hao said loudly.

After Tong Hao finished speaking, he looked at the witness

The witness bowed his head nervously, and the presiding judge asked, "Witness, please answer the plaintiff's lawyer's questions truthfully, you should know the consequences of giving false testimony." ”

The witness was so frightened that his hands and feet trembled and his eyes sought the defendant's seat, Lu Shu and Si Linshen did not say anything, "I forgot." ”

After Tong Hao listened, "Then do you know the amylose content?" ”

The witness became more and more nervous, his eyes turned to the defendant's dock for help, but Lu Shu did not look at him, "I don't know." ”

Tong Hao nodded, looked directly at the defendant, and said skillfully, "The amylose content of Thai fragrant rice 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 softer the rice grains, the lower the amylose content and the higher the mellowness." ”

"Presiding Judge, we propose not to accept the witness testimony provided by the defense. The contract stipulates that the goods are transported by sea, and the seller arranges the carrier, and the carrier's responsibility refers to the provisions of the "China Maritime Law", according to the provisions of the "Maritime Law", after the carrier receives the goods, it is only responsible for the superficial examination, and does not conduct any substantive examination, so we believe that the witness has made false testimony.

The presiding judge asked sharply, "Witness, I have been informed of the consequences of false testimony, and if the investigation finds that the testimony you have given is false, this court will give you the punishment of obstruction of justice, and you have anything to add to all the above testimony you have made." ”

After hearing this, the witness began to feel weak, cold sweat began to break out on his back, and he looked at Lu Shu, "I"

Lu Shu looked at him with a warning look in his eyes and shook his head at him

The witness hesitated for a moment, "Your Excellency, I don't have anything to add. ”

After hearing this, Lu Shu felt a little relieved, if he let the court know that he instructed the witness to give false testimony, he would not only have a bad reputation, but might also be punished by the lawyers association

Tong Hao glanced at Lu Shu expressionlessly, and Lu Shu happened to be staring at him, his eyes dodging

After the witnesses answered questions, the court announced, "Please leave the courtroom." If it is necessary to appear in court again, another summons is to be made. ”

The witness left the courtroom relieved, but the wet clothes on his back made him feel like he didn't know what to do if he was later investigated for perjury

"Plaintiff and defendant, do you have any evidence or new evidence to adduce?"

"Nope!" The original defendant said in unison.

"The Chamber will now be adjourned for 10 minutes. Retire from court! The presiding judge struck the gavel, and the three judges adjourned for deliberation, reviewed and verified the evidence, and made a certification conclusion.

After 10 minutes, the court session resumed.

The presiding judge announced, "After the collegial panel's review and deliberation, the certification conclusions of the court's investigation mainly include the following points:

(1) After deliberation and confirmation by the collegial panel, the plaintiff's contract, the original bill of lading, the collection voucher, the judgment of the civil court, the quality inspection report issued by the quality supervision department, and the composition report of Thai fragrant rice issued by the rice cultivation experts are true in content and legal in form, and can be used as the basis for determining the facts of this case.

(2) After deliberation and confirmation by the collegial panel, the testimony and quality inspection report made by the defendant witness could not be used as the basis for determining the facts of this case because of false testimony and forgery.

Therefore, the facts found in this case are as follows:

(1) The contract signed by the plaintiff and the defendant was legal and valid, and all of them performed the corresponding obligations in accordance with the contract;

(2) the goods provided by the defendant did not meet the requirements under the contract, and there was liability for breach of contract;

(3) the plaintiff resold the goods provided by the defendant to a third party in accordance with the contract;

(3) The civil court XXX judgment determined that the plaintiff was compensated RMB 3.5 million;

"Having confirmed that the parties have no new evidence to provide and other facts to investigate, the Chamber hereby declares that the Tribunal's investigation has been concluded. Now for the court arguments. ”

"According to the court investigation, the parties should debate the specific application of the law around their respective claims or claims. Disputes arising from the parties' determination of evidence and facts are the content of the court's investigation and should generally not be used as the scope of courtroom debate.

In courtroom debates, speeches in debate shall be made with the permission of the court; Pay attention to the civilized use of language, and do not use sarcastic or insulting language; Speak at a moderate pace so that the court can record it; The content of the statement should avoid repetition. In the course of the courtroom debate, if there is any speech or behavior that violates the rules, the court should stop it. ”

"First of all, it is up to the parties to argue with each other. Where parties request to speak in debate, they may raise their hands to the court. Speak only with the permission of the Tribunal. In mutual debate, the court has the right to stop the parties from freely and disorderly arguing and speaking without permission, or the content of the debate speech is repetitive. There is no need to repeat the content of the pleadings in the debate. ”

Tong Hao raised his hand to signal, "Presiding Judge, according to the provisions of Article 15 of this contract, the defendant shall submit the goods that comply with the contract, if the goods submitted by the defendant are inconsistent with the contract, resulting in a fundamental breach of contract, the plaintiff has the right to terminate the contract and demand the return of the payment and compensation for losses." The amount of damages shall include the benefits that can be obtained after the performance of the contract, and the chief judge is requested to give a sentence to terminate the contract in accordance with law. ”

"According to the first paragraph of Article 35 of the Law on the Protection of Consumer Rights and Interests, if a consumer's lawful rights and interests are harmed when purchasing or using goods, he or she may claim compensation from the seller. After the seller compensates, if it is the responsibility of the producer or the responsibility of other sellers who provide goods to the seller, the seller has the right to recover from the producer or other sellers. The defendant has the right to recover compensation from the defendant because the quality of the goods submitted is inconsistent and infringes on the personal rights and interests of many consumers, and the plaintiff has the right to recover from the defendant and request the court to order the defendant to return the compensation of RMB 3.5 million. ”

For Lu Shu, who was found to have lost in fact in the case, he wanted to make a comeback in the application of law, but he had no choice but that the plaintiff's claim was based on the law, appropriate and reasonable, although fighting a lawsuit is to fight evidence, but only if the litigation claim and legal basis are reasonable, can he stand on the court

Si Lin looked at Lu Shu with a gloomy face

Lu Shu looked at him and whispered, "It's a foregone conclusion." ”

Si Lin said angrily, "If I lose, I will let you walk around without eating." ”

Si Lin shrugged his shoulders and said nonchalantly, "What can you do with me." ”

"Defendant lawyer!" The presiding judge looked at Lu Shu.

"Presiding judge, I don't have much to say about the application of the law to the plaintiff's lawyer."

"What about the accused!"

"I disagree!" Si Linshen stood up and said angrily.

The presiding judge looked at the two who had fallen out in surprise

"What is the legal basis for disagreement?"

Si Linshen was speechless when asked

After a minute of silence, Si Linshen said, "I want to appeal!" ”

Everyone present showed contemptuous eyes, looked at each other one by one, tore them down and discussed: Is this child legally blind? The trial is not over yet?

Tong Hao looked speechlessly at the parties and clients who had fallen out, such a phenomenon is not uncommon in the courtroom

"If the defendant wants to appeal, he will wait until the trial is over and the verdict is handed down before appealing in accordance with the legal procedures."

"Let me ask again, do the defendant and the defendant's lawyer need to defend the legal basis of the plaintiff's claim?"

There was silence down there

"If you have no objection to the plaintiff's legal basis, I will declare the court argument closed."

The presiding judge was embarrassed and announced, "Now, the courtroom argument is over, and the parties' final statements are entered." The content of the statement should be relevant to the case, concise and clear, and avoid being too long or repeated many times. ”

Qin Xiangsheng once again briefly explained his claim, while the defendant Si Linshen said, "I want to mediate." ”

The presiding judge announced, "Now for court mediation, the plaintiff and the defendant are willing to mediate, do you want to mediate?" ”

Qin Xiangsheng shook his head, "I don't want to." ”

The presiding judge nodded, "Since the plaintiff does not agree to mediation, this court will terminate the mediation. Recess! The verdict was announced in court later. "Hit the gavel.

After 15 minutes, the collegial panel concluded its deliberations.

After striking the gavel, the presiding judge announced: "Now the trial continues." ”

"After deliberation by the collegial panel, the conclusion of the deliberation has been made. It is hereby announced. ”

The clerk stood up and announced, "All staff stand." ”

All of you stand up.

"Based on the court's investigation and court debate, the determination of facts and the correct application of the law, the plaintiff Qin Xiangsheng's claims are supported as follows: 1. The contract signed between the plaintiff Qin Xiangsheng and the defendant Si Linshen is terminated, and the defendant shall return the contract price of 5 million yuan, bear 250,000 yuan in damages, and bear the liability for the actual losses caused by the plaintiff in 5.6 million yuan"

After Qin Xiangsheng heard this, he was excited in his heart and looked at Tong Hao gratefully

Tong Hao nodded at him.