In civil litigation, the principle of res judicata includes two meanings:

First, the parties may not re-file a lawsuit in a case that has already been filed with the court;

Second, after a judgment takes effect, res judicata arises, and the parties may not sue again on the disputed legal relationship between the parties.

Rao Qinghua means that Deng Zhihui had filed a lawsuit for compensation for sexual welfare before, but the court has rejected it, and now he cannot file a new lawsuit with the court.

Li Chao smiled indifferently and said calmly: "Dean Rao, you are testing me." ”

"The cause of action of Zou Meilian against Hospital X is a dispute over liability for medical damages, while the cause of action of Deng Zhihui's re-filing of the lawsuit against Hospital X for sexual welfare is a dispute over tort liability.

"In addition, the judgment of your court in the civil judgment of the medical malpractice liability dispute also explained that the sexual welfare lawsuit is not reviewed in the medical damage liability dispute, in other words, your court has not conducted a substantive review of the sexual welfare litigation at all."

"Dean Rao, you have more legal knowledge than me, do you say that the principle of non bis can be applied in such a situation?"

Li Chao deliberately asked Rao Qinghua rhetorically, and easily cracked the obstacles set up by Rao Qinghua.

Rao Qinghua smiled and did not answer, but continued to persuade quietly: "Li Chao, you also know that China's current laws, regulations and judicial interpretations, and the provisions on sexual welfare are still in a blank state. And your sexual welfare lawsuit has attracted the attention of the media. Our court should be cautious in handling this case, so why should you continue to stand on the cusp? ”

Rao Qinghua's words meant to warn Li Chao not to be in the limelight anymore, and the court was also facing huge pressure from public opinion, and warned Li Chao to accept it when he saw it.

Li Chaolang looked at Rao Qinghua calmly with a look of determination, and said firmly: "Media attention does not mean that it is a bad thing, which shows that the public is very curious and trying to understand the concept of sexual welfare. The law is originally a weapon to regulate social order and protect the legitimate rights and interests of citizens, and through media publicity, the role of law has been revealed. I think the attention of the media is not only not pressure, but also the motivation to handle this case well. ”

Seeing that Li Chao had no intention of backing down, Rao Qinghua, who was originally light-hearted, couldn't sit still any longer, and finally stopped saying high-sounding official words, but said bluntly and angrily: "Li Chao, you must know that in judicial practice, the law does not expressly stipulate that the court cannot support it, even if you file a lawsuit, what can you get?" Why waste time and energy, and make everyone unable to get off the stage? ”

"Dean Rao, I admit that the Tort Liability Law only has principled provisions on sexual welfare, and there are no specific operational provisions, and the court is also very difficult." Li Chao said earnestly, first give Rao Qinghua a step down.

Then, Li Chao said heartily: "However, the purpose of our court's work is to 'let the people feel fairness and justice in every case'." Now we can see that the masses have the desire to pay attention to sexual welfare, the urgency to understand sexual welfare, and the practical action of seeking legal protection of sexual welfare. ”

"I think that as a lawyer, in the face of a new legal field and a new type of rights that need to be protected, there will be a strong motivation to explore and try to explore how to protect it with the current laws and regulations, and I think this is the appropriate way for legal people to face new problems."

"Thinking about what the masses think, anxious about what the masses are anxious about, the law's provisions on sexual welfare are still broad, but it does not prevent us from exploring and trying to protect sexual blessings. This is also the correct response of legal people to the voice of the masses in the face of the interests of the masses. ”

"I believe that the Huluo District Court, as an excellent court in the country, should have such a responsibility."

When Li Chao said this, his eyes looked directly at Rao Qinghua. Rao Qinghua felt an awe-inspiring righteousness from Li Chao's body.

This young man is by no means a man of fame and fame, nor is he a reckless person, he has his own ethics and principles.

The irritability in Rao Qinghua's heart was soothed and washed by Li Chao's idealistic words, and the anger unconsciously disappeared.

Rao Qinghua nodded, with admiration in his eyes, and said in a slow tone: "Okay, Lawyer Li, your fist heart to pursue justice and safeguard the legitimate rights and interests of the masses is admirable." ”

After Rao Qinghua gave a thumbs up and praised Li Chao, the conversation changed, and then said: "Li Chao, you also have to understand the difficulty of our court, now that public opinion is raging, there is a situation of media trial, and it is difficult for our court to do it!" ”

Li Chao is not a person who does not eat fireworks in the world, and the lawsuit for sexual welfare rights has attracted a lot of media attention, which has indeed brought huge trial pressure to the Huluo District Court.

In Western countries, where judicial authority is high, the media is generally not allowed to express tendentious opinions on cases. However, Huaxia has a weak awareness of this aspect, and there have been many media trials.

Media trial refers to the media's predictive reporting of cases because of its great communication influence, which may have two negative impacts: first, it affects public opinion, and through public opinion, it affects the judge's independent judgment. Second, false and unfair reports by the media, before and outside the court's judgment, directly cause a negative social evaluation of the parties to the case, or harm their right to privacy.

The sexual welfare lawsuit has attracted widespread attention, and for the Huluo District Court, which heard the case, it is of course full of pressure, as if it is being observed under a magnifying glass, and there is no room for a single flaw.

Fearing pressure from the media, the Huluo District Court was reluctant to accept the sexual welfare lawsuit, as can be seen from the previous statements of Judge Zhong and Vice President Rao Qinghua. They even resented Li Chao for filing a sexual welfare lawsuit again.

Li Chao nodded, and first agreed: "Indeed, the current media reports are somewhat biased, good and bad, which will cause great pressure on the court's trial work. ”

Li Chao then said sonorously: "The judicial environment in China is like this, as legal people, we should apply the environment and take the initiative to improve the judicial environment. If as a lawyer, we dare not face the pressure and dare not take the initiative to work hard to change, then the rule of law cannot wait. ”

"Moreover, as far as this case is concerned, the attention of the media is not a bad thing, and the attention of the media shows that the public has a strong desire to popularize the knowledge of sexual welfare.

Li Chao's analysis was emotional and reasonable, and no matter what Rao Qinghua wanted to say, his position was not firm. Rao Qinghua is also a bold person, and immediately clapped his head: "Judges and lawyers are both legal people, and they are a legal community, and they work together to safeguard the legitimate rights and interests of the masses." Lawyer Li, you have the pure heart to pursue fairness and justice and protect the legitimate rights and interests of citizens, and our courts also have it. We have opened this case. ”

Hearing Rao Qinghua's decision to file the case, Deng Zhihui couldn't help but smile. Li Chao also smiled heartily and said gratefully: "Huluo Court, this spirit of daring to challenge the latest legal problems and protect the rights of the masses will definitely win praise from the public." ”

Rao Qinghua laughed when he heard this, glared at Li Chao angrily, and pretended to admonish: "You kid, don't bring us a top hat, how should this case be tried at that time, we will try it like this." Don't think that if you wear a top hat, we will be kidnapped by you and leaned towards your side. ”

"Of course! I, a small lawyer, dare to interfere with judicial justice. Li Chao replied with a smile.

Li Chao's humility won Rao Qinghua's favor, Rao Qinghua's expression relaxed a lot, and said to Judge Zhong: "Xiao Zhong, you go and set up the case." ”

Then he clicked Li Chao with his index finger in the air, shook his head with a smile and said, "Superman lawyer, you have given us another problem!" How to deal with this case is also a headache for our court. ”

……

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