Chapter 77 Case Filing and Review
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Li Chao drove to the door of the litigation service center of the Huluo District People's Court.
Get out of the car with the litigation materials and open the door of the litigation service center, there will be a cordon drawn into a circle, and a security tester is placed at the exit of the circle.
All luggage has to go through the security equipment, and the bailiff on duty also conducts security checks on the parties who come in. After the security check, there are rows of benches, and a huge electronic display screen hangs on the opposite wall, scrolling through all kinds of litigation information and legal propaganda knowledge. There is a self-service inquiry machine in the surrounding corner, which is convenient for parties to inquire about legal knowledge and related legal documents. On the right-hand side of the wall hangs a solemn French emblem, and on the left-hand side the space is separated by glass, similar to the counter of a bank, and the space inside the glass sits the staff, which is the office of the case filing court.
The case filing court was full of people, all the people, either waiting for the case to be filed, or waiting for the judge to meet with them.
"Gee, this court looks so majestic." Deng Zhihui sighed and followed behind Li Chao with a little cringe.
Shenpeng City has a large population, and there are many cases every year, and the parties pour into the court in large numbers, and when they enter, it is like a vegetable market, and such a noisy and solemn scene often frightens the parties who are fighting a lawsuit for the first time. Deng Zhihui's reaction was normal.
Li Chao smiled slightly, and said lightly, "It's okay, just get used to it."
Li Chao went to call the number first, and then found a place to sit down with Deng Zhihui and waited quietly.
After waiting for a long time before it was their turn, Li Chao and Deng Zhihui hurriedly squeezed to the case filing window with their numbers and hurriedly handed over the litigation materials to the judge in charge of filing the case.
The judge filing the case reads through the complaint and evidentiary materials and conducts a preliminary review. When the judge on file saw the special item in the list of losses, he immediately raised his head in surprise, raised the list of losses with his left hand, pointed at the loss item with his right index finger, and asked in surprise: "How do you mention this loss?" ”
Li Chao smiled faintly and explained: "We feel that this is a legitimate loss. ”
The judge who filed the case frowned, shook his head, and said, "I have never seen such an indictment, you go and amend the indictment, cross out this item and file the case again." ”
When Deng Zhihui heard the judge say this, he pulled Li Chao's sleeve a little fearfully, and whispered timidly: "Lawyer Li, if the judge wants to cross it out, then just cross it out." ”
Li Chao patted Deng Zhihui's hand and whispered, "It's okay." Immediately, Li Chao explained to the judge who filed the case: "Judge, we have a reason for making this request for compensation, this is one of our demands, and it is impossible for us to give it up." ”
When the judge who filed the case heard Li Chao's refusal, he straightened his face and said unhappily: "If you insist on suing like this, it does not meet the requirements of the prosecution, and we will not accept it." It must be amended before the case can be filed for you. ”
Li Chao was not intimidated by the stern words of the judge who filed the case, smiled slightly, looked directly at him, and said calmly: "Judge, in accordance with the spirit of the latest judicial interpretation of the Civil Procedure Law, the court has changed the filing system from the examination system to the registration system. ”
"Judge, you have a different opinion on this compensation item, which is an issue to be resolved in the substantive trial, and you cannot conduct a substantive review of the content when filing a lawsuit. The formal requirements of our lawsuit are fully in accordance with the law, and you should file a case. ”
Li Chao was reasonable, and the judge who filed the case was speechless for a while. The judge who filed the case looked at the litigation materials again, and then raised his head and said to Li Chao: "In this way, one of the projects you are applying for is really special, out of careful consideration, you must first ask our leaders!" ”
The tone of the judge who filed the case had loosened, Li Chao nodded with a smile, and responded briskly: "Okay, then it's hard judge!" ”
The judge filing the case closed the litigation materials and quickly left to ask for instructions. Deng Zhihui stood beside Li Chao and asked worriedly: "Lawyer Li, you won't be unable to file a case because of that compensation project, right?" ”
Li Chaolang looked at Deng Zhihui with a smile in his eyes, and replied easily: "Don't worry, the court strictly abides by the law and acts according to the law." Before, the judge who filed the case didn't want to cause trouble and asked us to give up that loss. But as long as we insist on our claims, the court has no right to force us to change our claims. ”
The courts are the places where the contradictions are most concentrated, but the courts throughout the country are faced with the dilemma of a small number of cases and insufficient judicial authority. Therefore, when many courts file cases, they will restrict or even not file some cases, such as cases that have a negative impact on the local government, cases where the parties do not write in a standard manner, administrative cases where civil prosecutors are filed, and cases that are quite difficult.
However, with the promulgation of the new interpretation of the Civil Procedure Law and the new Administrative Procedure Law, the court has changed the filing system from a review system to a registration system, and the court may not refuse to file a case without a valid reason. Therefore, if Li Chao insists on filing a case like this, the court must accept it.
Deng Zhihui didn't understand this legal knowledge, and still asked suspiciously: "Lawyer Li, the judge thinks that it is inappropriate for us to mention the compensation project, is it necessary for us to mention it?" ”
Li Chaolang looked directly at Deng Zhihui with a look of perseverance in his eyes, and said with a straight face: "If we file a lawsuit, if we want to win the lawsuit, we must first recognize and insist on our own claims." If you waver and doubt your own demands because of other people's opinions, then we will lose first before the court is held. ”
Moreover, when the judge filing the case raised a question, it was only his personal opinion, and his personal opinion did not represent the proposition of the law, nor could it represent the opinion of the collegial panel hearing the case. In addition, although the law does not clearly stipulate this compensation item, it is reflected in the spirit of the law, and I am more confident that the court will support our view. Therefore, we must not doubt ourselves and deny ourselves! ”
Li Chao's resolute demeanor and sonorous words were like powerful sedatives, which calmed Deng Zhihui's restless heart.
Deng Zhihui was eager to try by Li Chao's words, and immediately said loudly: "Okay, lawyer Li, I listen to you, I will do what you say!" ”
After waiting for a while, a tall and majestic middle-aged man wearing a straight judge's trial uniform, a white shirt inside, a red judge's tie, and a small legal emblem on his chest came out with the judge who filed the case.
A tall and majestic middle-aged man walked over with a powerful aura.
The judge who filed the case hurriedly introduced: "This is the vice president of our Huluo District Court, Rao Qinghua. ”
Li Chao greeted with a smile: "Hello Dean Rao!" ”
Dean Rao nodded and said to Li Chao with a smile: "Isn't this a superhuman lawyer?" You, come to our hospital today to have a problem! ”
Dean Rao actually knew him, and Li Chao was very surprised. Li Chao smiled and asked, "Dean Rao, do you know me?" ”
Dean Rao smiled heartily: "The famous superhuman lawyer, why don't I know him!" The case in which you represented the victim against Li Renyong for robbery caused a sensation across the country, and Fenghuang Media reported it one after another, and our court system also took this case as a typical case to study. Now it's hard for the legal profession to know your name. ”
Li Chao smiled slightly when he heard this, and said in a low-key manner: "Dean Rao, you praise Miao." Today, I came to the hospital to set up a case, and I asked Dean Rao to help! ”
Dean Rao raised his right index finger, nodded at Li Chaoxu a few times in the air, and said in a joking tone: "You, but you have a problem for us, let's talk about it in the judge's reception room." ”
As he spoke, President Rao led everyone towards the judge's reception room.
The judge's reception room is a small cubicle, in which there is a large square table, President Rao and the judge who filed the case sit on one side of the table by the window, and Li Chao and Deng Zhihui sit opposite them, on the other side of the table.
After sitting down, Dean Rao said in a consultative tone: "Lawyer Li, one of the items in the compensation list you proposed is really too novel, once we accept this case, it will immediately become the focus of media attention, which will bring a lot of pressure to the work of our court, and it will also bring a lot of pressure to the trial of this case." ”
"Besides, the claim you put forward has no legal basis and is difficult to support. Why do you need to make a crowd and attract attention and make a claim that has no practical meaning? ”
"Lawyer Li, can you and the client consider giving up that claim?"
……
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