Soon.

Since the adjournment was announced, an hour passed quickly.

The trial is reconvening.

As the clerks stood up, the three members of the collegial panel walked into the trial again.

Presiding Judge's seat.

Judge Bai An circled around and sounded the gavel.

Knock knock!

"Now the court session continues."

"Respective statements against the litigants and the prosecution."

"The collegial panel has already discussed the issue of the expression of both sides."

"It is now suspended whether the discussion between the litigation side and the prosecution on Zhang Laidong's suspicion of picking quarrels and provoking trouble."

"After the trial has finished discussing whether the litigation party's administrative punishment has applied for revocation, the three parties have completed their presentations, and the final judgment will be made."

"Do the two sides have any objections to this?"

Su Bai: "We have no objection. ”

Mo Xiao: "We have no objection. ”

Knock knock!

"There is no objection from either side."

"Then the trial will begin on the litigation party's application to revoke the administrative penalty of the water pipe station."

Knock knock!

"The litigant, in view of the litigation application submitted by you, do you have any substantive evidence or explanation of the legal provisions for your indication that the water pipe station is administratively illegal?"

"Some presiding judges."

Su Bai spoke slowly, then took out a piece of litigation materials, and said slowly: "According to the first-instance judgment, we are fined 300,000 yuan. ”

"We don't think the regulations are being applied properly."

"In the first instance, for the fine of 300,000 yuan, according to the evidence, the administrative punishment of the water pipe station was to order us to demolish and rebuild the bridge built three times, and to punish us on this ground."

"The laws and regulations on which the punishment is based are based on Article 65 of the Water Law, and if the bridge is built without the approval of the administrative department or the competent department of the water area and the construction is in violation of regulations, the administrative penalty of not less than 10,000 but not more than 100,000 shall be divided by the order not to be changed."

"I would like to ask the lawyer of the defendant whether this matter is true?"

Meng Haiyang nodded slightly: "This matter is true." ”

"According to Article 65 of the Water Law, Zhang Laidong was ordered not to change and was punished, with a fine of between 10,000 and 100,000 yuan."

"Hmm!"

Su Bai nodded slightly.

"Then I would like to ask, the lawyer of the party being litigated, what is the basis for this administrative penalty applied by your side, and is it ordered by us not to change?"

"Yes, the order will not change."

Meng Haiyang nodded slightly.

"Okay, thanks."

Su Bai continued: "According to the relevant provisions of Article 65 of the Water Law. ”

"Without the consent of the administrative department of the water area or the consent of the department in charge of the water area, the bridge is built without authorization, and the bridge is ordered to be demolished or the relevant procedures are submitted."

"Otherwise, a fine of more than 10,000 and less than 100,000 yuan will be imposed."

"Didn't Lawyer Meng read Article 65 of the Water Law or the relevant content that followed?"

"There is another sentence behind the demolition of the bridge, which is called completing the relevant procedures."

"Based on the evidence we submitted."

"We have submitted relevant procedures to the relevant departments many times, but they have not been responded to and passed, but the relevant departments have issued three orders to us in a row, and each time it is a maximum punishment, is this appropriate?"

"That is, is there a problem with our determination that the administrative punishment law has been violated?"

Facing Su Bai's inquiry.

Meng Haiyang was directly silent.

This is problematic.

According to the administrative punishment, the relevant department or unit shall not make relevant administrative penalties to the same unit or business for multiple times, and it is necessary to give the other party a certain amount of time to make rectifications.

But

The relevant departments did not respond to this completion of the relevant procedures.

It is indeed their responsibility.

There is no doubt about that.

Meng Haiyang took a deep breath and was about to refute, but when he thought that this was a live broadcast of the trial, he retracted his rebuttal.

After a few seconds of silence, there was simply silence.

If you lose the case, you lose the case, but if you say the wrong thing, then the nature changes.

Su Bai stared at Meng Haiyang.

In the case of an administrative lawsuit, in the course of the trial, the other party does not occupy the provisions of the law after all.

Especially.

The current situation is still live broadcast of the trial, and in this case, it is definitely possible to say less and say less.

Therefore, it is not too difficult to revoke the administrative penalty of the executive department.

Knock knock!

After Su Bai finished speaking.

Presiding Judge Bai An rang the gavel and looked at Meng Haiyang in the seat of the litigated party.

"Is there anything that needs to be defended or stated by the party being sued?"

Meng Haiyang took a long breath: "I believe that the parties to the litigation do have the situation of not changing the order, and this matter really exists. ”

Knock knock!

In the face of Meng Haiyang's statement, the presiding judge, Bai An, sounded the gavel.

"According to the statements of the parties to the proceedings."

"The following controversies are summarized here."

"1: Whether the party being sued has violated the regulations on administrative punishment."

"2: Whether the party being litigated has notified the administrative penalty in place."

"The litigant party, Zhang Laidong."

"Have you received the notice from the party being litigated and have you gone through the application process?"

Faced with the presiding judge's questioning.

Zhang Laidong took a deep breath and said slowly: "I received the notice of the order, but I made rectifications in accordance with the other party's requirements, and also applied for relevant procedures, but I have not received a response and approval." ”

"And how long is the interval between the three orders you have been given?"

Presiding Judge Bai An asked again.

Zhang Laidong thought for a few seconds, and then spoke: "The interval is no more than one year. ”

Knock knock!

The gavel sounded.

"In response to the administrative lawsuit filed by the litigant, questions are now asked about the litigated party."

"Whether the party subject to the lawsuit has received Zhang Laidong's application for approval."

Meng Haiyang took a deep breath: "Yes, I have received it." ”

"How many times?"

"Three times."

Knock knock!

"Inquiry done."

"Does the respondent have any objection to the litigant's accusation that you did not pass or reply to Zhang Laidong's application for approval?"

"Nope."

Knock knock!

After inquiring about the entire situation and reviewing the corresponding evidence, Bai Anxin had already made a decision.

An administrative lawsuit against Yu Subai's application.

At the moment, there are basically no major problems.

The water utility violated the relevant penalty regulations, and now it is up to the determination of how appropriate the penalty is.

After sorting out these relationships.

Bai An rang the gavel again.

"Do the parties have any factual basis to add or state in this case?"

Hearing this, all three parties realized that it was time for the final court presentation.

Su Bai: "No objection. ”

Mo Xiao: "No objection, no supplementary content." ”

Meng Haiyang: "No objection, no supplemental content. ”

Knock knock!

"All parties have no objection to this case, and now we will begin the final court presentation of the parties."

"Now I invite the litigants to make their case in court."

"Okay presiding judge."

Su Bai took a deep breath, and then spoke: "Presiding judge, I will state the court as follows:"

"We don't have any opinion on the prosecution's accusation against us for illegally building the bridge."

"However, as for our charge of picking quarrels and provoking trouble, we believe that our original intentions are good, and there is no strong behavior."

"And."

"According to the evidence provided by us, our construction of the bridge is indeed conducive to the convenience of the villagers, and there has been no forced requisition."

"Essentially..."

"Our actions do not constitute an impact on social order, and we ask the presiding judge to consider this aspect."

"At the same time."

"In the face of administrative penalties, we believe that the fault lies in the fact that the administrative punishment is illegal."

"This is also the reason why we were fined 300,000 yuan."

"That is, we apply for the revocation of our administrative penalty."

"Presiding Judge, we've finished our statement."

After Su Bai finished his statement, the presiding judge Bai An set his eyes on the seat of the prosecuted party, the prosecutor Mo Xiao.

"Ask the prosecution to make a court case."

"Okay presiding judge."

Mo Xiao briefly sorted out his statement materials, and then spoke.

"Presiding Judge, I am courting the court to state as follows:"

"We believe that the party Zhang Laidong has a factual basis for building a bridge."

"The litigating side cannot provide sufficient evidence to prove that the party Zhang Laidong did not pick quarrels and provoke trouble, and did not disturb social order."

"We believe that the first-instance verdict should be upheld and Zhang Laidong should be sentenced to pick quarrels and provoke trouble."

"Presiding Judge, I'm done with my court presentation."

Knock knock!

After Mo Xiao's court statement ended, Bai An rang the hammer.

and turned his head to look at Meng Haiyang, the party being sued.

"I also ask the party being litigated, the water pipe station, to entrust a lawyer to make a statement in court."

"Okay presiding judge."

Meng Haiyang nodded slightly, and then spoke: "Presiding Judge, I will state the court as follows:"

"The party Zhang Laidong, the illegal construction of the bridge is a fact, and the evidence shows that Zhang Laidong is indeed an illegal bridge construction for revenue, and the relevant departments have a reasonable basis for his punishment."

"I hope the court will take this factual basis into account."

"Presiding Judge, we've finished our statement."

After all the statements of the three parties were completed, the presiding judge Bai An.

Boom! Boom! Boom!

The hammer has been sounded!

"The three parties have finished their presentations."

"The results of the trial will now be announced!"

Clerk: "All stand and ask the presiding judge to announce the outcome of the trial." ”

Boom.

Everyone at the trial stood up.

Among them, the tense scene of the trial was Zhang Laidong, whose dark face was full of nervousness.

After all, this sentence is very important to him.

It doesn't matter how he is, the most important thing is that he can't affect the child because of himself.

Zhang Laidong held his breath tightly and set his eyes on Su Bai.

Su Bai smiled and nodded, signaling him not to be too nervous.

As for the verdict of this trial, there is no big problem at present.

Knock knock!

The sound of the magic hammer sounded at the scene of the trial, and the attention of the audience fell on the presiding judge Bai An.

Bai An's eyes locked on the trial materials he was holding in both hands, and slowly read out the results of the trial.

"The reason for this case is that Zhang Laidong, the party to the litigation, was dissatisfied with the first-instance judgment and sentenced him to six months in prison for the crime of picking quarrels and provoking trouble."

"If you are not satisfied with the administrative punishment and file a lawsuit, the case will be tried together."

"The law applicable to which this court has jurisdiction over the case is in accordance with domestic law."

"The verdict of the trial will be announced below."

"After the collegial panel studied and determined, the litigation claims raised by the litigants."

"1. The lawsuit against the litigant to revoke the first-instance judgment was determined to have no strong evidence to prove that it was picking quarrels and provoking trouble."

The verdict reads as follows:

"The prosecution did not have sufficient grounds to prove and charge the client, Zhang Laidong, with the crime of picking quarrels and provoking trouble."

"Namely!"

"Revoke the first-instance verdict and sentence Zhang Laidong not guilty!"

"2: Raise a protest against the administrative penalty against the litigating party."

"The party being sued violated the regulations on the management of administrative punishments, and the punishment of Zhang Laidong was improper, and because his administrative punishment was illegal, it is hereby revoked. Administrative punishment for Zhang Laidong! ”

"Zhang Laidong's administrative punishment in the first instance will not be pursued."

"At the same time, the relevant departments will no longer be held accountable for Zhang Laidong's administrative punishment!"

"Three: In view of the fact that the party being sued violated the administrative punishment management regulations, it is necessary to make a public apology to Zhang Laidong."

"But!"

"Zhang Laidong illegally built the bridge, the evidence is conclusive, the situation is true, and the parties have no objections."

"Namely!"

"Judgment! Zhang Laidong needs to negotiate with relevant departments to deal with it! ”

"The court will not hold Zhang Laidong accountable for the time being."

"All the claims made by the party being litigated are rejected!"

"According to the provisions of China's procedural law, if the party subject to litigation determines that there are any problems or challenges to the ruling, it may file a review and supervision with the relevant unit, or file a request for retrial."

"The verdict will be sent to both parties within 10 days of the closing of the court."

Boom!

The dull sound of the courtroom fell, surrounding the courtroom.

"Closed!"

Accompanied by the solemn voice of the presiding judge Bai An, it fell.

The trial is over!

Hearing the presiding judge's voice fall, Zhang Laidong's whole nervous mood was finally released....

On the dark face, there was a hint of excitement....

PS: Ask for a monthly pass~

Let's talk~

In this case, I saw that the quarrel was too loud.

First of all, why did you choose this case?

Originally, I wanted to write about the crime of picking quarrels and provoking trouble.

When I saw this case, I hadn't been on the hot search, but I just thought that this case was very special and conformed.

I took a look at the verdict and decided to write this.

(There is really no meaning to rub the hot search, I would rather not rub this hot search~)

Then when I was sure to write this case and had already written it, this case suddenly exploded on a short video.

There were also many lawyers who spoke out, and I panicked at the time, for fear of writing something wrong.

Of course, the content is detailed.

Then.

There are all kinds of things on the Internet that scare people to death, but according to the official report, and, according to the verdict, it is indeed picking quarrels and provoking trouble, and there are no other major problems.

My advice to what is being said online is not to read it for now.

Although some of the statements are justified, the court's judgment is written like that.

Picking quarrels and provoking trouble.

If there were any other cases, the court's verdict would never have been like that.

Anyway, there is everything said on the Internet, and everyone is mainly based on the verdict.

Specifically, let's talk about it~

I won't write this kind of in the future, I'm sorry~

(End of chapter)