Chapter 141: Farce
Wang Qi noticed that cold sweat seemed oozing from the corners of his forehead, and he also realized the serious consequences of despising Tian Zhengyan and despising this little rookie.
But fortunately, it did not shake the foundation of their lawsuit.
Tian Zhengyan still deviated from the direction, and their lawsuit itself was just to explore the truth this time, and they had no intention of resolving the matter in the first instance.
When they arrived at the Supreme Court, that was the battlefield they valued.
What evidence, testimony, physical evidence, all this is not what they value. Yamazaki Seed never thought of obtaining 200 million yuan in compensation in this case, and even the first 50 million yuan to the farmers was regarded as a cost.
There is only one purpose they need, and they can't turn over if they want Nanzhiyi.
Wang Qi lowered his head and remained silent, but in his mind, he had already begun to imagine how aggrieved he was when reporters gathered when he appealed, public opinion surging on the Internet, and when Nan Zhijun was busy fighting fires everywhere, but he couldn't save Nan Zhiyi.
Perhaps, even Nan Zhijun was also unlucky, which was an unexpected joy.
The continuous mental tension made him a little tired, and his thinking couldn't help but diverge. When he came back to his senses, he found Qin Beibei beside him with a look of surprise.
Looking at the trial seat, the three members of the collegial panel were all looking at what information, and finally felt that something was wrong with the situation, and asked, "What did she say?" ”
Qin Beibei turned her head with a strange expression on her face: "She said that there is a letter of credit." ”
When Wang Qi heard that it was a letter of credit, his head was a little confused, what could this painless letter of credit do? Take the sensational route?
However, when the so-called witnesses came to court, Wang Qi was dumbfounded.
Ma Dan, why did it appear on the witness stand, it would be Tian Zhengyan?
Qin Beibei was shocked by Zuo Qingshan's incident just now, and was frightened by the trap laid by Tian Zhengyan's silent appearance, and when he saw him in person, he was even more at a loss, and almost shouted: "Judge, Tian Zhengyan's spouse is President Xie of the Intellectual Property Division of the Yudu Intermediate Court, and it is ...... according to the regulations of the Supreme People's Court."
As he spoke, his voice weakening.
Tian Zhengyan hooked the corners of his mouth: "You are in the imperial capital, your heart is in Funan, and you even know what my wife does." However, I am here to prove Nanzhiyi's character, and I am a witness. In the Code of Civil Procedure, there is no provision that a spouse cannot be a witness if he is a judge. ”
After speaking, he sat down generously, Youzai Youzai supported Erlang's legs, looked around, and suddenly realized his expression: "Oh, by the way, the clerk in the court, Xiao Qin, is my student, and his surname is Qin like you, you hurry up and check, do you need to avoid the situation where the clerk has an interest in the witness?" ”
Qin Beibei hurriedly flipped through the Civil Procedure Law, and then raised his head with sweat.
Nima only recuses the judge, but there is no provision for the recusal of the clerk.
Moreover, what about the recusal of the clerk? It's a big deal to change the record to another one, it's just a typing machine, and it doesn't matter in the first place.
Wait, it seems to be in the wrong direction? Didn't you apply for witness recusal, how did you become a clerk's recusal? Only then did he realize that he had been led astray.
Wang Qi watched Qin Beibei make a fool of himself again and again in a panic, waved his hand with a sinking face, and said, "Forget it." We don't apply. ”
As is customary, the first question is the presiding judge's confirmation of the identity of the witnesses and what can be proved in the present case.
Tian Zhengyan spoke slowly, with a light and breezy appearance: "I am Tian Zhengyan, a professor at the Law School of Funan University, and Nan Zhiyi have known each other for ten years, and now I teach in the same school, and I also live in two pairs of doors, I am both a colleague and a neighbor.
Because I have some experience in investment and financial management, all the funds of Nanzhiyi have been managed by me over the years. I can testify that his money has always been bits and pieces, and that he has never borrowed the company as much as the plaintiff claimed. What I just said is supported by his bank statements over the years. ”
Judge Cheng nodded: "The issue of bank flows, the collegial panel can adjourn the court and then retrieve it." ”
Tian Zhengyan smiled slightly, and then continued: "As for Nan Zhiyi's character, I definitely trust it unconditionally. I was very angry that someone was calculating him and bullying him. If it happens that this "someone" is a lawyer, then it is unfortunate that if he takes a lawsuit, I will take it. He represented the plaintiff, and I acted for the defendant free of charge, bringing my own dry food and air tickets, and I didn't charge a penny.
If "someone" happens to be a professor, then I promise that every paper he will pick out word by word, but if there is a little plagiarism, I will definitely catch it and make it public, so that everyone can judge and judge, who is more shameless. ”
Wang Qi's face became ugly in an instant. Nima, I have long heard that Tian Zhengyan is aggressive and unreasonable, and today I finally have an intuitive feeling.
Let's not talk about lawsuits, even if he doesn't appear in court and only does non-litigation business, he is just as muffled as he is not afraid of people's voices.
However, the published papers are not returned. Who has no students involved in their papers and monographs? Who hasn't "properly borrowed" from other literature? Who can stand up to him picking out word by word?
Thinking of this, Wang Qi hurriedly spoke: "Presiding Judge, he is threatening ......"
Before he finished speaking, Tian Zhengyan preemptively said again: "Oh, the last paragraph I just said has nothing to do with this case, and if you don't count it, the presiding judge, judges, please don't comment on the sentence just now." ”
He turned his head and smiled at the clerk: "Xiao Qin, don't remember the sentence just now." ”
The clerk girl poked her head out from behind the computer screen and smiled sweetly: "Okay, Mr. Tian." ”
After this sentence, the judge asked the basic questions of the witness's identification and purpose of testifying, and it was the turn of the defense to ask questions.
Ling Li didn't raise her head, just took notes: "We have no problem." ”
Qin Beibei had just regained some senses, and he was so crazy that he almost jumped up.
Nima, your witness, you have no problem? Fool us?
Tian Zhengyan raised his eyebrows and glanced at Nan Zhiyi: "There is really nothing to ask?" ”
Nan Zhiyi suddenly smiled happily: "No, get out." ”
When Tian Zhengyan spilled enough out of the courtroom, Judge Cheng wiped the sweat on his head and secretly breathed a sigh of relief.
Rao is heart secretly biased towards the side of Nan Zhiyi, and he can't stand this unserious approach.
This courtroom is like a theater, everyone comes to the stage, and it is both a threat and a joke, what is going on?
Judge Cheng sighed lightly, turned his head to look at Ling Li, and asked, "Does the defense have any evidence or testimony to cross-examine?" ”
Ling Li replied: "Presiding judge, we have no evidence to submit for cross-examination. ”
Wang Qi was relieved. Okay, that's it, that's it for the first trial.
The next step is to wait for the Supreme People's Court.
Fortunately, what he values is not the battlefield of the Funan High Court. Moreover, during the trial, except for Ke Hongsheng, there were some problems at that node, and everything else was still under control and could not affect the overall situation.
As long as the other side does not have stronger new evidence, then he is confident that in the following court arguments, he will attack all the evidence that has not been confirmed by the collegial panel to the point of shaking.
After all, the opposite side is just a rookie lawyer who has lost twenty-four consecutive losses, and his experience of almost twenty years of practice is not on the same level at all, and Yang Qianfan has not been in court a few times, judging from his performance under the table all the time, maybe he is more nervous than the rookie Ling Li.
Judge Cheng announced the end of the court investigation, looked down at the time, and then looked at the original defendant and the defendant, with a somewhat embarrassed expression on his face: "In view of the fact that it took too much time to cross-examine the evidence in this case, it is already one o'clock in the afternoon, the original defendant and the defendant, this court asks for your opinions, can we adjourn the court first, let's have lunch first, and then continue the trial in the afternoon?" ”
The last two sentences, with a feeling of pleading, seem to be dizzy with hunger.
The five people in the court were stunned for a moment, and nodded at the same time.
After the adjournment, after a hurried lunch, the judge struck the gavel and the case resumed.
"On the basis of the court's investigation of the facts, the parties should debate the main facts, rights and wrongs, and the application of law around the focus of the dispute in the case. Evidence or facts that are irrelevant to the case or have not been investigated and verified by the court must not be cited during debate, and insulting language must not be used to make personal attacks. Next, the first round of arguments is announced, and plaintiffs and their agents ad litem are invited to express their arguments first. ”
Usually, when the judge announces the entry into the debate, Wang Qi is so familiar with it that he can't be more familiar, and even dislikes the verbosity and scum of these words.
But at this time, for Wang Qi at this time, it was like heaven.
He cleared his throat and began to talk.
His 20-minute speech had four main arguments:
First, on the issue of evidence, according to who asserts and who adduces evidence, he cited IOUs, meeting minutes, etc., since Nan Zhiyi recognized that it was his own signature, although he raised objections to the authenticity of the IOUs, there was no counter-evidence and could not refute them.
Therefore, Nanzhiyi, as a defendant in the lawsuit, is fully qualified. As for whether to pursue Mu Chenghua's responsibility, because he is abroad, Yamazaki Seed has the right to choose whether to pursue Nan Zhiyi's responsibility alone, or to add Mu Chenghua as a co-defendant. As for the allocation of tort liability, it is the legal relationship between Nanzhiyi and Mou Chenghua, which has nothing to do with this case.
Second, on the issue of the PIGM locus gene, his own witness, Yang Zhongchun, has proved that Nanzhiyi plagiarized his academic results for use in new seeds, and has filed a lawsuit. The reason why the lawsuit was later withdrawn was because it received an IOU of three million from Nanzhiyi.
The signature of the IOU, which was also confirmed by Nan Zhiyi, was indeed written by him. Nan Zhiyi's suggestion that someone used his blank signature to forge evidence lacks basis and corroboration, and should not be recognized in accordance with law.
Third, on the issue of whether Yamazaki Seed Industry knew that Pinyou Qianhao was defective but promoted it on a large scale, only Lu Xi's testimony was the defendant's inability to provide the so-called internal meeting materials that Lu Xi said, which is not credible. And Lu Xi himself is also in a lawsuit with Yamazaki Seeds, and he belongs to the people who have an interest in this case, and the validity of his testimony is even lower.
Fourth, the opinion that Nan Zhiyi put forward during the trial that Yamazaki Seed Industry and the witnesses maliciously colluded to frame him is completely untenable.
Regarding this last point, Wang Qi raised his chin and looked at the other side: "Finally, we would like to draw the attention of the opposing lawyer to the fact that in civil litigation, the standard of proof for malicious collusion is quite high, and it must meet the evidentiary standard in criminal proceedings, that is, to eliminate all reasonable doubts. But ......"
Speaking of this, he put on a posture of popularizing the law, and his eyes were full of contempt: "No matter how high the standard of proof is, it is who asserts and who presents evidence, and the other party says that we maliciously colluded with witnesses, please come up with evidence that can eliminate all reasonable doubts, instead of relying on guessing, thinking, and sensationalism." ”
After expressing his arguments with emotion, Wang Qi only felt that his mouth was dry, and he wanted to take a sip of the cup in front of him, but because he was in court, he had to give up.
Judge Cheng saw that his lips were cracked, and his voice was a little hoarse, and he was rarely empathetic: "Because the trial is too long, the plaintiff's lawyer, if you want to drink water, just drink it." ”
Wang Qi hurriedly picked up the cup and drank it, but after all, in the courtroom, he tried his best to suppress the sound of swallowing.
After that, it was Ling Li's turn to come on the stage to express his opinions.
The opinions she expressed were not as long as Wang Qi's, only a short sentence: "On the issue of the IOU in Yang Zhongchun's hand." We insisted that the IOU was forged, and we were aware of the fact that the opposing lawyer said that the evidence was insufficient, and we applied for new evidence on a temporary basis and now submitted it to the court. ”
Judge Cheng still had no smoke in his voice: "Because the defendant's representative presented new evidence in the debate, which needs to be further investigated and verified, this court announces the suspension of the debate and the resumption of the court investigation." After the facts of the case have been clarified or new evidence has been verified, the courtroom debate will resume. ”