Chapter 78: The First to Eat Crabs

As the vice president of the court, Rao Qinghua spoke very sincerely. In recent years, judicial authority has been weakening, and courts are facing a lot of trial pressure, and some courts are reluctant to accept novel and difficult cases for fear of causing controversy.

Rao Qinghua's identity is there, and his tone is pleading, so when he says this, ordinary lawyers usually have to sell face.

Li Chao looked at Vice President Rao Qinghua calmly, and said earnestly: "Dean Rao, you have been engaged in legal work for a longer time than me, and you also know a lot of judicial practices, which were finally absorbed and adopted and written into the law. ”

"Although the last of our claims for compensation is not provided for in the law now, it should be supported in accordance with the spirit of the Tort Liability Law."

"The reason why I make this claim is not because I am personally seeking fame for the sake of grandstanding. Rather, I would like to try to make a judicial practice for the victims of such accidents. Regardless of whether we win this time or not, at least these victims will have an additional compensation item when they sue in the future, and they can choose whether to claim this damages or not. I believe that the legislature will pay attention to the voice of the people, pay attention to the problems that arise in judicial practice, and eventually give a clear provision on this issue. The interests of the victims are thus protected! ”

Li Chao fully stated his position, Rao Qinghua nodded lightly, and first affirmed, "Lawyer Li, your idea is quite good, for the sake of the interests of the victim, this is worthy of affirmation." ”

Then he euphemistically proposed, "But just because the idea is good doesn't mean that xiàn is actually operable." The time has not yet come, and when the conditions are ripe, it is more appropriate to raise a similar case again. ”

Li Chaolang said with a resolute look in his eyes, neither humble nor arrogant: "There is no fully mature thing in the world, and the law is also advancing with the times, constantly revising and promulgating to regulate new affairs. This appeal of mine is a new demand derived from the continuous development of society and the unremitting pursuit of a happy life by the masses. Now is the right time to put it forward, there are some things that must be done by someone, and where the law is incomplete, there must always be a legal person to speak out. ”

Rao Qinghua persuaded him several times, but Li Chao insisted on filing the case like this. In the end, Rao Qinghua nodded a little displeased and said, "Okay, Li Chao, you insist on filing a case like this, this is your right, but how the court decides is a matter for the collegial panel." ”

Rao Qinghua's words were beating, Li Chao smiled slightly, and said calmly: "I believe that the court and our lawyer have the same position, both to maintain fairness and justice, and to protect the legitimate rights and interests of the parties." I firmly believe that the collegial panel will make a judgment in accordance with the law! ”

Rao Qinghua brushed his sleeves away, and the judge who filed the case took the litigation materials and reluctantly filed the case.

After the case was filed, Li Chao and Deng Zhihui said goodbye and left. The judge who filed the case immediately divided the case file materials, and as soon as the presiding judge got the case file and read the relevant compensation, he blew up, and the case was not tried, and a big discussion had already started within the court.

As soon as he walked out of the litigation service center, Deng Zhihui wanted to speak again and again, opened his mouth a few times, and finally spoke out apprehensively, "Lawyer Li, we won't offend the leaders of the court, right?" ”

Li Chao looked at the anxious Deng Zhihui, smiled easily, and said with relief: "Don't worry, the courts are all places to do things according to law." Moreover, in your case, the standard of compensation is fixed, and it is impossible for the court not to calculate compensation according to these standards, so you don't have to worry about the court giving you small shoes."

"As a lawyer, I often have to represent all kinds of cases in the courts, and I don't have to worry about it. Because I know that whether it is a court or a lawyer, our starting point is to pursue fairness and justice. Based on a common position, I adhere to the principle, which is in line with the court's goal of 'letting the people feel fairness and justice in every judicial case'. I think the courts will eventually understand and support my approach! ”

Li Chao's calm momentum convinced Deng Zhihui, and after Deng Zhihui thanked him, he took a ride home. In the next moment, Li Chao worked hard to find out the news of his senior sister, and at the same time carefully prepared the views to be expressed in the court and the focus of the debate.

At the same time, the court served a copy of the civil complaint, a summons for hearing, a notice to respond, a notice to present evidence, and evidence of the plaintiff to Hospital X.

The director of Hospital X took up his reading glasses to check the complaint, and when he saw the last item of the appeal, he was so angry that he immediately took off his reading glasses, threw them directly on the table, knocked on the table angrily, and muttered angrily, "Play the piano!" ”

Immediately, the dean picked up the microphone, pulled out a phone, and directly ordered: "Please ask lawyer Zhang Lianghan to come over." ”

Unexpectedly, Zhang Lianghan, the lawyer Li Chao had dealt with before, turned out to be the legal counsel of X Hospital.

Zhang Lianghan came to the hospital and heard that the plaintiff's agent was Li Chao, and immediately became interested. The case of Huang Yifeng, who represented Huang Yifeng before, was defenseless by the fledgling Li Chao. It was an unforgettable experience for Zhang.

Now that he has the opportunity to argue with Li Chao in the same court, Zhang Lianghan can't ask for it.

Immediately, Zhang Lianghan looked through the prosecution materials with great interest. When he saw the last item in the loss list, Zhang Lianghan couldn't help laughing, and said in a mocking tone: "Good Li Chao, the newborn calf is not afraid of tigers, and he is playing new tricks, he really dares to put forward this request." ”

Speaking of later, there was a sense of envy in his tone, "I have to admire Li Chao, he is aggressive, this is still a claim argued in a legal academic paper, and he put it forward in judicial practice." In this way, he represented the lawyer who was the first lawyer in the country to mention this right case, and regardless of whether the case was won or not, he became famous again! ”

Zhang Lianghan figured out Li Chao's position on this appeal from the perspective of reputation, so he expressed great admiration.

The president is not in the legal circle, but he doesn't care whether the lawyer is famous or not, he only cares about whether his own interests are on trial, and immediately asked anxiously: "Lawyer Zhang, how to fight this lawsuit, will the court support the other party's appeal?" Especially the last one? ”

Zhang Lianghan closed the response materials he looked through, looked at the dean, and said confidently: "Rest assured, there are corresponding standards for compensation for personal injuries, and the other items cannot be changed, and the number is how much is calculated according to the standard, and the first few of our arguments are to insist that the plaintiff is a rural household registration, and compensation should be made according to the standard of rural residents, and the difference between the two is more than 100,000." ”

"The plaintiff's request for solatium for mental damage is also too high, and the ninth-grade disability requires compensation of 50,000 yuan, which is unreasonable, and we can also argue that according to Shenpeng's judicial practice, a maximum of 20,000 yuan is appropriate."

"For the last claim for compensation that you fear the most, it is precisely the court that is least likely to uphold. Out of consideration for the interests of society as a whole, the courts have always taken a conservative position, and they will not make hasty rulings if there are no clear provisions in the law. ”

"This is the case with the last request for compensation, although some scholars are advocating it, but the law has not yet made corresponding provisions for it, and the court will not dare to rule on us to compensate."

Zhang Lianghan analyzed it in detail, said it very firmly, and nodded with satisfaction from the dean. The dean handed Zhang Lianghan a cigarette and said with a smile: "Lawyer Zhang, you have to help our hospital fight this lawsuit well, don't lose the face of the hospital." ”

Zhang Lianghan lit the fire, took a puff and then spit out a puff of cigarette, looked into the distance, his eyes sparkled, and said firmly: "Dean, don't worry." With such a novel case and such an interesting opponent as Li Chao, I am very eager to compete with him in court again! ”

……

Thanks to Super ID100, 550942.qdcn100 for tipping! Today, I have to appear in court to respond to two cases, and there will be one shift in the evening. Qianjun code words are all in the interval between work, and there are leaders and colleagues who laugh at me for hitting the street, they say that I am stupid, I have one more case, and I have all the manuscript fees. However, I just like the feeling of telling stories to everyone, so please support Qianjun!