Chapter 110: Judge, Recuse Yourself
Temperatures in Nishishi are low in February.
On the day of the trial, it was snowing.
I don't know if it was the previous meal problem that was too unpleasant, or Long Kun finally realized that he was unhappy, since Fu Lichen took Xu Xiaxi back to the hotel room, Long Kun and they have never contacted Fu Lichen again.
Even to the Xishi Intermediate People's Court, they took taxis.
8:40 a.m.
Several people met directly at the door of the courtroom.
Long Kun still had a cold face, looking like he didn't like to deal with Fu Lichen, only Yu Yingying returned to her previous gentle expression and nodded at Fu Lichen.
The atmosphere between the bigwigs was treacherous, which made Tan Zhi and the others who were caught between them so embarrassed that they didn't know what to do.
Fu Lichen couldn't see emotion on his face, he just beckoned to Xirong's Ying Yue, handed the other party a document, and said lightly: "You sign this"
Ying Yue took it suspiciously, opened it and looked at it, and his face changed instantly.
Anxious and angry, he glared at Fu Lichen, "Fu, Lawyer Fu, what do you mean by this?" ”
Long Kun saw that Ying Yue's expression was wrong, so he also leaned over to take a look.
His face instantly turned black as the bottom of a pot.
The glaring action was the same as Ying Yue, and even more angry, "Fu Lichen, are you crazy?!" Didn't I just let you go out for a meal, and you didn't want to go, I didn't say anything in the end, do you need to do this? ”
Fu Lichen was indifferent, and after the two finished speaking, he said unhurriedly: "I already told you Mr. Yuan yesterday, if there is any problem, you can call him directly." ”
At this time, Li Xianbo and his client also walked in.
When he saw Fu Lichen, he immediately stepped forward and greeted him warmly: "Lawyer Fu, you came early enough today." It seems that you have a lot of confidence in today's case?! ”
That being said, the schadenfreude on Lee Hyun-bo's face couldn't be more obvious!
He didn't believe that Fu Lichen could win at all, it was rare to find a chance to ridicule Fu Lichen, how could he let it go.
However, Fu Lichen only glanced at Li Xianbo lightly, and replied casually: "Lawyer Li came very early. ”
Li Xianbo called Fu Lichen 'Lawyer Fu', but when he came to Fu Lichen, he became 'Lawyer Li'.
Regardless of whether Li Xianbo was sarcastic or not, others listened to it as if Li Xianbo was shorter than Fu Lichen by virtue of his confession.
Li Xianbo came over, and his face turned blue with anger, but because he came to the door first, it was not good to attack Fu Lichen, not to mention how aggrieved he was.
At this time, the clerk came over and informed them that the time for the trial was approaching, and asked them to enter the courtroom and take their seats, and the judge would come down shortly.
Both parties entered the courtroom, and the clerk was still checking the identities of both parties, and the presiding judge of the case, Lai Fei, walked in through the door with a stack of documents in his right hand and a black robe hanging from his left wrist.
When he opened his mouth, he asked the clerk: "Xiao Luo, are both parties here?" ”
Clerk Luo Kai was about to check Fu Lichen and Xu Xiaxi's lawyer's certificates, and hurriedly responded: "People from both sides have arrived." ”
"It just so happens that I have some questions about the new evidence submitted by the appellant...... "Refey, as he flipped through the materials in his hand as he looked at both parties.
When he saw Fu Lichen, his expression changed suddenly, and his voice stopped abruptly.
But soon Lai Fei calmed down again, took his eyes off Fu Lichen, and continued casually: "Because there is no special time for the exchange of evidence in this case, we have mailed the evidence of both sides to the other party in advance, and now you first verify the original of the evidence, and if you have opinions on the evidence, you will express your opinions in court." ”
Clerk Luo Kai had already followed Lai Fei's instructions to take out the evidence, check the seal, and other parties to present the original evidence.
The appellant Tan Zhi had already taken out the original contract prepared by Xirong Company in advance, but the appellee had not moved.
Lai Fei frowned, and was about to remind the other party to present evidence again, but Li Xianbo put his hands on his chest, leaned his back against the appellee's table, and said slowly: "Judge Lai, I think there is probably no need for a pre-trial evidence exchange today!" ”
"What do you mean?" Lai Fei frowned in displeasure, a little dissatisfied with Li Xianbo's arrogant attitude.
Li Xianbo glanced at Fu Lichen and pointed out lightly: "China's Civil Procedure Law stipulates that if a judge accepts a party or agent ad litem as a guest or gift, the party has the right to apply for the judge's recusal.
Judge Lai, may you tell me where you had dinner last night? ”
As soon as these words were spoken, the crowd mutinied.
Not to mention Lai Fei, even the expressions on the faces of Long Kun, Yu Yingying, Ying Yue and others have all changed.
Long Kun looked at Li Xianbo in disbelief, he didn't expect Li Xianbo to even know about his invitation to Fu Lichen last night, I am afraid that he had already learned that Fu Lichen and Lai Fei were classmates in the same bed, but he had not made a noise, and deliberately waited for them here!
If Fu Lichen really went to meet with Lai Fei last night, then I'm afraid he would really capsize in the gutter today!
Long Kun was afraid and happy, and slowly realized Fu Lichen's foresight.
Lai Fei didn't see Fu Lichen at all last night, let alone have dinner with Fu Lichen.
So the panic was only for a while, and he immediately replied calmly: "Yesterday, my wife and I ate roast mutton at a food stall on the side of the road, just the two of us, I don't know if Lawyer Li wants to say whose treat and gift I accepted?" ”
"Oh? Just the two of you, so I don't know who paid the bill? Li Xianbo asked.
He already knew that Long Kun wanted to use Fu Lichen's classmate relationship with Lai Fei to make a profit in this case, but he deliberately didn't say anything, just waiting to slap his face here.
Lai Fei was completely calm, and deliberately pretended to be a little embarrassed, and said with a smile: "Laughing, my wife is in charge of the money at home, so of course it is my wife who pays the bill." ”
At this time, Judge Lai no longer had any resentment towards Fu Lichen when he released his pigeon last night, and secretly congratulated Fu Lichen for his good scheming - the reason why he never told himself that he was the agent ad litem in this case was probably to slap Li Xianbo in the face at this time!
Looking at Li Xianbo's face, which suddenly changed color because of his words, Judge Lai happily added: "If Lawyer Li still has any doubts, you can check my wife's payment voucher after the trial, but then I am afraid that Lawyer Li will need to submit a written application to the court."
With Mr. Li's understanding of the Civil Procedure Law, I don't need to explain this kind of procedural matter to you! ”
When Li Xianbo heard that Fu Lichen and Lai Fei had made an appointment for dinner yesterday, he thought that the matter of the judge's private meeting with the agent was a certainty, and he didn't think about tracking the whole process at all, but he didn't expect that there would be such a change.
However, Lai Fei asked solemnly: "Lawyer Li, can we continue to exchange evidence now?" ”
Li Xianbo was so angry that his face turned pale, and he barely argued for a while: "Even if Judge Lai, you didn't have dinner with the other party's attorney yesterday, but you and Lawyer Fu are old classmates and have a close relationship. Our client strongly suspects that your relationship will affect your fair trial of this case, and requests to apply for your recusal! ”
It stands to reason that the relationship between classmates is not within the scope of recusal stipulated by law, but there is a catch-all clause in the Civil Procedure Law.
The judge has other relationships with the agent ad litem, which might affect the fair trial of the case. The parties may apply for recusal.
What exactly is this other relationship, the law does not clearly state, which naturally gives Li Xianbo room to make a big fuss.
Lai Fei was a little annoyed, and secretly said that he only learned today that Fu Lichen was the agent of the appellant Xirong Company, not to mention that his professional ethics did not allow him to be biased, and even he was not given this opportunity in terms of time!
Lai Fei decided that Li Xianbo had no way to mess around, and wanted to directly reject the other party's application, but another judge, Deng Bo, grabbed him and signaled him not to be impulsive.
"Lawyer Li, regarding the cause of your application, our collegial panel will discuss it before making a decision, please wait five minutes." After Deng Bo finished speaking, he pulled Reifer out of the courtroom to 'deliberate'.
Before the results came out, Li Xianbo had already laughed proudly.
looked at Fu Lichen's side defiantly, and sighed with pity: "It's really unfortunate!" Let the opportunity for lawyer Fu and his old classmates to have an in-depth exchange be wasted! However, Lawyer Fu is so capable, even if you change the presiding judge, you will definitely win! ”
Win your head!
Before Fu Lichen could speak, Xu Xiaxi couldn't help but glare at Li Xianbo fiercely. Secretly, this person is also shameless.
But......
Xia Xi turned his head to look at Fu Lichen suspiciously, not understanding why he didn't speak?
On the other hand, Deng Bo pulled Lai Fei away in the name of 'collegial discussion', but in fact he was persuading Lai Fei, "Lai Fei, you have been a judge for a short time, and you may not know much about it, the court is particularly sensitive to these factors that may be suspected of bending the law for personal gain, and a bad handling will not only have an impact on the verdict of this case, but may even affect your future career."
Therefore, in my opinion, you should take the initiative to recuse yourself and hand over this case to me or Lao Peng, and then add another judge to form a collegial panel to hear this case. ”
Another judge, Peng Yan, also nodded and persuaded: "Yes! It's just a case, no matter how good you do, you won't add money, there is no need to put yourself in a dangerous situation because of this case! ”
Lai Fei was young and vigorous, and firmly believed in his professional ethics, and did not think that he would bend the law for personal gain, but now he wanted him to abandon a case because of such unfounded accusations.
He was aggrieved and angry, and said angrily: "I didn't know in advance that Ah Chen was the appellant's agent, how could he bend the law for personal gain; Besides, I sit upright, why should I back down if the other party's lawyer says a word, doesn't this show that we are afraid of him! ”
Deng Bo sighed helplessly, "Of course, our court doesn't need to be afraid of a lawyer, but since the other party raised this suspicion, you don't take the initiative to avoid suspicion, but insist on handling this case, I'm afraid that others will think that you have a problem even more!" ”
"Lao Deng is right, Judge Li in our court was notified by the whole court because he did not recuse himself according to the regulations, don't you remember?" Peng Yan took out an example and pointed out sharply: "I just looked at the attitude of that lawyer Li, he did this clearly against your old classmate, and the two of them must have old grudges!"
This kind of thing is the most troublesome, you listen to our advice, or don't wade into this troubled water! ”
Lai Fei's firmness slowly retreated under the persuasion of the two judges, and he couldn't help but be a little confused: Is he really going to give up?