Chapter 187: Old Firefighter

"Sometimes it's not a good thing that the road is too wild. There was a case of enforcement before, and our director found a relationship and enforced the arrears back, and the parties were quite satisfied.

But then the relationship was arrested, and our director was worried all day long, and he suffered insomnia for more than half a year, until he was sentenced. Fortunately, our law firm was not involved. What a hanging! Wang Deyou said.

"And here's the thing! Are you directors more restrained now? Fang Yi grabbed a pair of chopsticks and shredded fish-flavored pork and asked.

"Convergence! This is a road of no return, and you will never be able to turn back when you set foot on it. Our director often says that being a lawyer itself means risks, including risks from above, risks from the parties, and risks from the lawyer's inner desires.

Therefore, our director has already done risk isolation, and the children and wife have already settled abroad, and he often runs on both sides, and the family's property has also been disposed of. Wang Deyou poked his head and said in a low voice.

"Yo! That's quite risky, he's ready to sacrifice one, a happy family! Fang Yi was surprised.

"Who's to say it isn't. It's not easy to make some money these days, and who wants to take out the money in your pocket. I estimate that in a few years, our director will quit and it will be time to go abroad to enjoy his happiness. Wang Deyou said.

"You have to be careful when handling the case, other people's families steal donkeys, you pull out the pegs, and in the end the responsibility falls on you." Fang Yi said.

"Don't worry, I've thought about it a long time ago, we don't want to make a lot of money, it's good to do a small business to make a little money, and I don't do high-risk cases.

In fact, there are many lawyers in the firm who want to make a lot of money, even if I want to take on high-risk cases and make quick money, I don't have a chance. Wang Deyou said with a smile.

"That's good, safety first!" Fang Yi nodded.

During this period, Director Sun exerted his strength, and the number of cases in Justice Law Firm increased a lot, which eased the competition between lawyers in the firm a lot.

Before, Chu Huai and Zhao Zhongzhong were fighting for secretly, all in order to do a few more cases and get more commissions, but now there are more cases, and the four salaried lawyers are mainly Zhao Zhongzhong and Li Mingbo, Chu Huai has been helping Director Sun to develop the source of cases, although there are not many cases distributed, but if the case is brought in, he also has a commission.

Only Fang Yi is more detached, because he does his own cases every month, and the income he brings to the law is much more than the salary that Director Sun paid him.

Zhao Zhongzhong has long been accustomed to this, who calls people to have their own case sources and can bring income to the law firm. But Chu Huai didn't think so, he felt that he had also brought cases to the law firm, but he had to punch in every day, so he secretly looked for Sun Zhengyi several times, wanting to give Fang Yi eye medicine.

But Director Sun's attitude towards Fang Yi is like the general manager of a sales company treating the sales crown, as long as he doesn't leave, everything is easy to discuss.

In the whole institute, I am afraid that only Lee Myung-bak, the "axis" man, is the most worry-free, except for handling cases, he does not "worry" about anything, in fact, he does not have time to worry, because his time does not belong to himself, to Director Sun. Wherever Director Sun pointed out, he rushed there.

Fang Yi felt that if Director Sun proposed to let him follow him to visit the legal counsel unit on the first day of the Lunar New Year, it was estimated that he would buy gifts without hesitation and follow the director's steps.

In the entire law firm, the two people Fang Yi admires the most are Li Mingbo and Director Sun, one is tendon-by-tendon, the "axis" is fatal, and the other is very persevering. Every time Lawyer Li was complained, Director Sun came forward to deal with it, and the whole old firefighter was a member.

In the autumn, Li Song's administrative lawsuit case was opened.

Li Song's case was heard by a single female judge, and the defendant's district public security bureau sent a male police officer and a male lawyer with big ears as representatives.

Fang Yi speculated that the male lawyer with big ears was the legal adviser of the Public Security Bureau.

……

"Plaintiff, please state your claims and the facts and reasons." The female judge said.

"Litigation requests: 1. Revoke the Administrative Penalty Decision made by the defendant against the plaintiff (Xing Zhu Zhu Zi [2013] No. 10113); 2. The defendant shall bear the litigation costs of this case.

Facts and Reasons: On June 3, 2013, the plaintiff was orally summoned to the defendant by the defendant, and then the defendant conducted a urine test on the plaintiff, and because the plaintiff's urine test was positive for morphine, the defendant determined that the plaintiff had smoked D at home on June 1, 2013, and issued an Administrative Penalty Decision (Xing Zhi Zhi Zi [2013] No. 10113) in accordance with the provisions of Article 72 (3) of the Law of the People's Republic of China on Public Security Administration Punishments, and decided to detain the plaintiff for 15 days.

According to Article 30 of the Administrative Punishment Law of the People's Republic of China, 'if a citizen, legal person or other organization violates the order of administrative management and shall be given an administrative penalty in accordance with the law, the administrative organ must ascertain the facts; Where the facts of the violation are unclear, administrative punishments must not be given. ’

In this case, the defendant found that the main evidence of the plaintiff's home consumption of DP was the plaintiff's urine report, and without further ascertaining the facts, it concluded that the plaintiff had consumed DP at home on June 1, 2013, which was unclear and the evidence was insufficient. Request the court to uphold the plaintiff's claim. Complete. Fang Yi said.

The complaint was completely written by Fang Yimeng, because the only materials that the parties could provide were the "Punishment Decision" and no other materials, so Fang Yi could only write it head-on, and he could only look at the evidence provided by the other party at the trial.

Fang Yi's classmates who worked in the Beijing court told him that according to Article 32 of the Administrative Litigation Law, the defendant bears the burden of proof for the specific administrative act and should provide evidence of the specific administrative act and the normative documents on which it is based.

Therefore, Fang Yi bet on the evidence provided by the defendant, if he can find one or two fatal loopholes, he can win the case, if he can't find it, then there is no way, he is willing to gamble and lose.

"The defendant pleaded a plea." The female judge looked at the dock.

"The defendant disagreed with the plaintiff's claim for the following reasons:

After the defendant verbally summoned the plaintiff to the case handling site, the plaintiff's urine was collected and tested on the spot on the same day, and the test conclusion was positive for morphine.

Thereafter, the defendant questioned the plaintiff and the plaintiff admitted that he had smoked DP at home two or three days earlier. Therefore, the defendant issued an Administrative Penalty Decision to the plaintiff based on the interrogation record and inspection report.

In the process of issuing the Administrative Penalty Decision, the defendant did not violate the relevant provisions, the facts were clear, the procedures were proper, and the court was requested to reject the plaintiff's claim in accordance with the law. Complete. The big-eared male lawyer said with confidence.

(End of chapter)