Chapter 138: Cross-examination
At the end of the first stage, the court investigation began to enter the process of presenting and cross-examining evidence.
Ling Li took a deep breath when she heard the judge announce that the focus of the dispute in this case was whether Nanzhiyi was a qualified defendant in this case, whether the rice seeds were substandard products, and that there was a causal relationship between Nanzhiyi's behavior and the poor harvest of rice seeds. The highlight is here, and it's in this part that determines the outcome of the game.
The three focal issues summarized by the judge are exactly the same as those summarized by Tian Zhengyan before. Their reply was intended to refute the other side on the first issue of focus.
According to the trial procedure, the plaintiff is the first to present evidence.
Qin Beibei first showed the first set of procedural evidence that had been questioned by Ling Lihu before, and after the display, he also added a special sentence: "This is evidence that has been exchanged before the trial and the two parties have confirmed that there is no objection, and I suggest that the other party maintain the attitude of the pre-trial conference on this group of evidence, so as to reduce the burden on the collegial panel and save judicial resources." ”
This was a mockery of her previous unprofessionalism at the pre-trial conference.
Ling Li was noncommittal and did not give a positive answer to Qin Beibei's words, until Judge Cheng once again confirmed whether she maintained the opinion of the pretrial conference, and she nodded slightly and agreed.
Proving the plaintiff's qualified identity is the turn to prove that the defendant Nan Zhiyi's behavior has a direct causal relationship with the failure of rice seed production and harvest, and it is time to be a qualified defendant in this case.
Qin Beibei's second set of evidence was the stack of various things with Nan Zhiyi's signature.
After the display was completed, it was Ling Li's turn to cross-examine the evidence.
Ling Li first pointed out the timing of PIGM: "According to the data of the National Gene Bank, the PIGM locus was officially confirmed to have the function of resisting rice blast three years ago. This is all evidence of forgery. ”
Judge Cheng pondered for a while, and then raised his head: "Defendant, you suspect that the other party's evidence is forged, so do you want to file an appraisal?" ”
Ling Li shook her head again: "First of all, we have consulted several authoritative appraisal agencies in China, including the Ministry of Public Security, and they have given the same answers, and they cannot identify the text content that is not long in time. Secondly, our client does not deny that it is his autograph, but the possibility of someone using a blank signature cannot be ruled out. ”
Then, he began to chew on the words: "According to the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings, if a party or other litigation participant falsifies or destroys evidence, provides false evidence, prevents witnesses from testifying, instigates, bribes, or coerces others to give false testimony, or retaliates against witnesses, evaluators, or inquest personnel, it shall be dealt with in accordance with the provisions of Article 102 of the Civil Procedure Law." ”
The more Qin Beibei listened, the more relaxed she became, and she rolled her eyes regardless of her image.
What are you doing, even if you want to drag the law to show that you are knowledgeable, can you figure out the content of the law and then talk about it? The Civil Procedure Law has been revised, and the 102 articles mentioned in the rules of evidence here are not the 102 articles of the current Civil Procedure Law.
Also, if you have to shake your head and memorize that long paragraph, the client asks a lawyer not to give money according to the amount of what is said in court, what is the number of words?
For a while, I just hoped that she would finish reading it quickly, so that she could add her opinions, and even a little gearing up. This unreliable legally blind defendant and rookie lawyer looks like he is talking nonsense at a glance, and he really looks angry.
It seems that although Tian Zhengyan was invincible back then, after all, he hadn't been in court for five years, and his level had dropped very seriously!
After Ling Li finished reading word by word, Judge Cheng did not let the plaintiff put forward supplementary opinions, but turned his head and continued to look at Ling Li: "Lawyer for the defense, may I ask if there is any evidence to support the falsification of evidence you just said?" ”
Ling Li was full of anger: "Yes! ”
This time it was finally a simple and crisp word, which relieved the plaintiff who was afraid that she would quote the scriptures and texts again, and then immediately waited for the defendant's first set of evidence to come on.
With the permission of the judge, Ling Li presented the evidence in her hand to the court.
The first is a certificate of the time when the relevant agency proves that the PIGM has been officially certified, not only with a large bright red official seal, but also notarized.
Next, there is another witness testimony of Ke Hongsheng.
Ling Li added: "The anti-plague effect of the PIGM locus gene was only verified three years ago, and according to the witness testimony, Ke Hongsheng has never seen the internal meeting signed by our party, and he is also one of the participants, how can he not know?" Therefore, some people use the blank signatures of our parties to forge evidence, so as to achieve the purpose of planting false blame. ”
When the two pieces of evidence were in hand, Judge Cheng looked at them for a while and then handed them over to the other two members of the collegial panel to read, and after a while, the three exchanged opinions and finally felt a little moved.
PIGM's determination came after the time indicated in the minutes of the meeting, and sources with knowledge of the meeting indicated that they were not aware of the internal meeting. From this point of view, the defendant's claim that the falsification of the minutes of the meeting is not necessarily sophistry.
Judge Cheng turned his head to look at Wang Qi's side: "Plaintiff, what are your opinions on the two pieces of evidence presented by the defendant?" ”
After being held back for a while, Qin Beibei was a little impatient to sacrifice his hole cards and start the general, but in the end, reason prevailed over frizziness, he looked at Wang Qi, and stopped talking.
Unlike Qin Beibei, Wang Qi has experienced a hundred battles after all, and when he sees the critical moment, he is still unhurried.
He groaned for a while, his voice was soft, and he followed the procedure step by step, first expressing whether he recognized the defendant's evidence: "First of all, regarding the evidence of the PIGM gene, the certificate issued by the state organ, we believe that the evidence is reasonable and legal, and it is also relevant to this case. Second, on the issue of Ke Hongsheng's testimony, the Civil Procedure Law stipulates that witnesses shall appear in court to testify and accept questions from the parties. The defendant merely provided written testimony, which has a very low probative effect. ”
Judge Cheng nodded, and was about to speak, when Wang Qi's voice suddenly became sonorous: "Finally, we have sufficient evidence that before the official announcement of scientific research results, Nan Zhiyi was aware of the fact that PIGM had anti-rice blast effects. ”
After speaking, he applied to the court, and Yang Zhongchun, a witness on the plaintiff's side, appeared in court to testify.
Hearing Yang Zhongchun's name, Ling Li immediately objected: "According to Article 54 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings, a party's application for a witness to appear in court to testify shall be submitted 10 days before the expiration of the time limit for presenting evidence, and shall be approved by the people's court. The plaintiff was carrying out a surprise attack, and we objected to the witness testifying in court. ”
Wang Qi glanced at her lightly and said slowly: "Lawyer Xiaoling, the rules of evidence are 10 years of judicial interpretation, and according to the new interpretation of the Civil Procedure Law that has been implemented since 15 years, if a party applies for a witness to appear in court to testify, it should be submitted before the expiration of the time limit for presenting evidence. The time limit given by the collegial panel is today, so it is legal for us to present any evidence and witnesses today. ”
Ling Li was dumbfounded, suddenly lowered her head and quickly flipped through the stack of books in front of her, and her panicked appearance made Judge Cheng couldn't help but shake his head.
This little lawyer, it seems that he hasn't even figured out such a big thing as the revision of the Civil Procedure Law, is it really okay for the younger brother of the Southern Court to press on such a rookie? Even if he is biased, he can't do it!
It's a shame......
He glanced at Ling Li, who was still desperately flipping through the book, then at Wang Qi, who was indifferent, and Qin Beibei, who was holding back his smugness, and said slowly: "Witnesses are allowed to testify in court." ”
Hearing the judge's decision, he only felt that his palms were slippery, and Ling Li trembled slightly.
She looked down at the notebook in front of her, and the words "leading the snake out of the hole" she had just written were particularly conspicuous.
Yang Zhongchun came on the court, and the first goal they wanted to achieve in the trial was finally achieved!
It's just that whether the snake can show its tail or not depends on what they do next.
She took a deep breath, clenched her fists and pinched her palms with her fingernails, reminding herself with a slight tingling sensation that the battle had just begun, and that the next trial could last for more than ten hours, and she could not relax for a moment.
A few minutes later, Yang Zhongchun, who was once a student of Nanzhiyi and a researcher in the PIGM group of the Ganxi Institute of Agricultural Sciences, officially appeared on the stage.
He looks like twenty-seven or eighteen, not tall, with a short inch head, thick eyebrows, big eyes, and clear facial features, not handsome, but very heroic.
Yang Zhongchun strode into the courtroom, and then sat down on the witness stand, his eyes were level with the appearance of not squinting in front of him, and he didn't even look at Nan Zhiyi.
The plaintiff's witnesses are naturally the plaintiff's first questions.
Wang Qi asked Yang Zhongchun more than a dozen questions, and Yang Zhongchun answered carefully one by one and spoke for almost half an hour.
During this period of testimony, Judge Cheng did not urge, and did not stop until Yang Zhongchun said it clearly and even supplemented and perfected all the details at the beginning.
The content of Yang Zhongchun's testimony in court is very clear, that is, the concept of PIGM was put forward during his time at Huayi Hi-Tech, but it was not valued by his master's supervisor Nan Zhiyi at that time.
Later, Nanzhiyi left the R&D group, and Yang Zhongchun also felt that it was worthless for him to stay in Huayi Hi-Tech.
Unexpectedly, the PIGM proposed by him by chance was valued by the Ganxi side, and with him as the backbone, it took only a year to verify the effectiveness of PIGM and publish it as a major scientific research achievement.
And his current work in Ganxi is also based on PIGM, researching highly resistant genetically modified golden rice. As for the question of his previous lawsuit and withdrawal, Qin Beibei asked, he only replied lightly and reached a settlement, and then did not go into it.
Obviously, this is leaving questions for judges.
Judge Cheng really asked: "Witness, why did you file a lawsuit on the issue of Nanzhiyi's academic plagiarism, and you withdrew the lawsuit after the case was filed by the Yudu Intermediate People's Court and entered the time limit for presenting evidence?" ”
Yang Zhongchun and Wang Qi exchanged glances: "Because Mr. Nan asked his student to send me a message, and when he bears this lawsuit, everything will be easy to say." ”
Nan Zhiyi, who had been silent, suddenly raised his head: "I have never let anyone talk to you!" Why do you slander me? ”
His voice was anxious and angry, and he spoke loudly, and a thunderous explosion completely overshadowed Yang Zhongchun's voice.