Chapter 488: Lawsuit
Although it is very unfavorable, and even a little despised.
But some of Liang Qu's views are still very correct, or in other words, Liang Qu is a person who is very good at grasping the key points.
In fact, almost every one of the many materials provided by the Academy of Sciences can convict him, and even if the other party is dead, his family will also be jointly and severally liable, although this responsibility will not turn around and will not lead to imprisonment.
Because the new law stipulates that, similar to this situation, the family is responsible for civil liability, i.e., compensation after the fact, etc.
When it comes to all kinds of energy and evidence, the Academy of Sciences is outright.
The Advocate of the Academy of Sciences is the chief advocate of the Royal Commercial Group, which is responsible for writing all major legal matters of the business group, or analyzing the pros and cons and loopholes.
Liang Qu skillfully avoided the charges raised by the Academy of Sciences, what affected normal scientific research experiments, how much loss it brought to the Academy of Sciences, and Liang Qu did not respond to any of them, and he never intended to respond.
just smiled at the corner of his mouth, and said calmly: "As far as I know, there were not only these people at the scene on the day of the incident, but this time the Academy of Sciences filed a lawsuit, why are the defendants only these people who have suffered actual losses?" If it is said that it is an impact, then everyone who was present that day should have an impact, and who knows if it was because of the chaos and crowding at the scene that day, which caused the defendant to fall unexpectedly? ”
Liang Qu's rebuttal point is very simple, that is, the law does not hold the public accountable.
If there is a real lawsuit, it should be the families of the deceased who should sue the Academy of Sciences, because they are the ones who really suffer the loss.
Han Ji was slightly stunned, but only stunned.
As the chief lawyer of a business group, how can he be compared to a lawyer like Liang Qu who only knows how to take shortcuts? In terms of means and thoughts, the sum of ten Liang Qu is not worth one Han Ji.
This is not that Han Ji boasted about himself, but he really had this ability, and in the past business operations, Han Ji personally handled things, and so far there has never been any mistakes.
Even, Han Ji has another identity, outside of normal working hours, he will still keep flipping through the book of the Tang Dynasty that he can memorize backwards, and try to find its loopholes through various ways.
And then......
It's not that these loopholes are used for personal gain, there is no need for that.
Instead, these loopholes were submitted, and the new laws issued on the first day of this year have increased by more than 200 compared with the past, of which more than 40 are suggestions put forward by Han Ji, of which 12 are even more put into the law as they are, and the rest are approved after some modifications.
In front of such a great power, how could Liang Qu's careful thinking disturb his vision?
What he could think of, Han Ji had already thought of it, Liang Qu wanted to defend through the loopholes in the law, why didn't Han Ji think about using the current law to refute him?
"Whether there is chaos at the scene, this is something that Wuhou wants to investigate, if what you say is true, then the case is a criminal case, and the Academy of Sciences is a civil lawsuit, according to the preface of the Civil Procedure Law of Datang Law, the two parties to the civil lawsuit are clear individuals or units, that is, those who participate in the whole process of the litigation case, or part of the process." Han Ji always had a faint smile on his face, and he obviously knew about his opponent.
At this time, the difference between a real master and a pseudo-master is revealed, no matter who the real master is, he will go all out, and the pseudo-master always feels that the second in the world is the third.
Han Ji was afraid that Liang Qu, a thoughtful guy, still didn't understand, so he said more bluntly: "That is to say, the main body of the lawsuit in this case has been very clear, that is, the Academy of Sciences and those who were hit by the train, and although the others were at the scene, they did not collide with the train, nor did they walk on the railroad tracks to affect the normal test, so the conditions for the lawsuit could not be met." ”
Liang Qu's face stiffened suddenly, even if he didn't like to read anymore, it was impossible for him not to know the basic requirements of civil litigation.
And what he originally thought was a flawless breakthrough point, now it seems that this is not a breakthrough point at all, and the prologue of the Civil Procedure Law gives the answer.
This one......
Can I talk about MMP? I really ignored this problem......
The judge nodded and confirmed Han Ji's statement, this is a civil lawsuit, the main body is the Academy of Sciences and the person who was hit, and the others who join in the fun, as long as they are not hit, they do not meet the conditions for litigation, as for whether someone pushed them down, this is what Wuhou has to worry about, and according to the requirements, this is also to be handled in a separate case, and it does not affect the judgment of this case.
Liang Qu felt bitter in his heart, and the reason he had found was gone in an instant, but he didn't want to admit defeat so easily.
I finally got such an opportunity, a chance to make myself soar Huangda, and I stopped eating as soon as I came up? Not only will this not be good for your reputation, but it will make your reputation plummet, even if it has no reputation in the first place.
"No, you must continue to find an excuse, even if you still lose in the end, then you have to fight with Han Ji, the longer you fight, the more difficult it is to distinguish between victory and defeat, and the more good it will be for you." ’
Liang Qu, who calmed down, quickly found a new position, he did not insist on the position that the defendant would not lose, but tried to fight with Han Ji a few more moves, as for the previous assurance, go to his assurance, as long as he does not give up here, he is worthy of them.
Excuse......
What's the excuse?
Liang Qu kept thinking about the evidence they submitted and his own understanding of the whole thing, and his face was sad, which also made the families of the defendants behind him tremble.
Although they couldn't figure out what was going on, they could feel the situation at the scene.
Liang Qu, who made himself feel confident before, was dizzy and dizzy by his opponent with just one move, which was obviously not a good result.
However, Liang Qu, who changed his strategy, soon found a new breakthrough, which is not a problem.
Because logically speaking, there is no problem here, but in terms of details, there is a problem here.
"Based on the evidence you have submitted, I have learned that the Academy of Sciences had anticipated the possibility of a similar situation, and had requested His Majesty to issue a circular in this regard, reminding the people to stay away from the railroad as much as possible, is that correct?" Liang Qu asked.
"Yes!" Han Ji nodded, this is a fact.
"And you also mentioned that this notice was posted in the counties along the railway, that is, it was not posted in the villages below, is that correct?" Liang Qu continued to ask.
"Yes!" Han Ji continued to nod, he began to feel that this matter was not very simple, and this Liang Qu's thinking was also very tricky, and he actually wanted to start in this regard.
Rao is Han Ji has a wealth of experience, but experience is experience, but some things can't be smeared white, and this matter can be determined without even going to investigate.
Therefore, on this issue, Han Ji could not find a reason to refute it.
Of course, I can't find it, but I'm still thinking about countermeasures in my head.
"Okay, my question is, since the Academy of Sciences has anticipated that this kind of thing may happen, and has made the right choice in advance, does the Academy of Sciences take into account that not every citizen has to enter the city, and the announcement is issued to the county seat, which means that not every citizen can see it. This is one of them!
However, the Academy of Sciences only asked His Majesty to issue a notice, but did not make other emergency measures, nor did it arrange manpower along the railway line to conduct a guard to remind the nearby people not to approach, is this considered a mistake in the work of the Academy of Sciences?
If it is a problem caused by a mistake in work, why should the people bear the consequences themselves? Or does the Academy of Sciences simply think that issuing a notice can make all the people of the world know in a short period of time? Is this a form of malfeasance? Liang Qu asked one after another, pointing the core of the question to the inconsiderate aspect of the Academy of Sciences itself.
And these two questions also reflect the outside world's evaluation of Liang Qu, although the business is not refined, but the idea is really surprising, and he is a more difficult guy.
Han Ji frowned, Liang Qu had two problems, one was that the Academy of Sciences expected it and made countermeasures, but it did not carry out the deep withdrawal, it was more of a superficial effort, and the other was that there were no other plans, so this was dereliction of duty.
He is actually right to say this, but considering the practical problems, it is difficult to do this, because the test is a distance of nearly 1,000 miles from Chang'an to Luozhou, how can it be possible to send people to guard along the way?
The purpose of this lawsuit is to warn other people not to go to the vicinity of the railway to join in the fun, and even if they go, they can only watch from a distance and not to do those dangerous actions.
As for compensation or something, the Academy of Sciences will not pay them money, this is an order issued by the emperor himself, of course, the Academy of Sciences will only symbolically ask them to write compensation as punishment.
Although this decision may seem a little inhumane, if you relented now, what will you do in the future?
If they lose money this time, if someone gets sick in the future and goes directly to the railway to wait for being hit by a train and dies, and then leaves a sum of money for their family, how much money will the court have to pay every year?
In addition to the railway, other transportation may also have this situation, although the emperor did not say it explicitly, but Han Ji realized that this case is actually a lawsuit to cure the root cause, and through these few people to warn other people, if they die, they will die in vain, and they have to pay the Academy of Sciences, so that they can break this idea as soon as possible.
Of course, Liang Qu's attack did make Han Ji a little embarrassed, but it was only a moment's effort, almost ten breathless efforts, and Han Ji found a way to solve the problem.
"The railway is an existing fixed track, that is to say, his route is known to everyone, and the train on the scene did not derail, which means that the train did not actively crash into the crowd, the sound and movement of the train is enough to warn the nearby people, they have enough time to leave the track in advance, and ensure their safety, and these people all died on the tracks, some were killed, some were caught in the track and died when picking up the train, under the premise of knowing the danger, they still have to take this risk, so, I think these people are committing suicide, and because of their suicide, it has affected the normal trial of the Academy of Sciences. ”