On the court court.

Su Bai rubbed his eyebrows, the other party's defense lawyer, obviously didn't want to drag the topic to his disadvantage.

I'm starting to run the train with my mouth full.....

What's the matter, running the train with your mouth full, do you want to go to graduate school?

In the plaintiff's seat, Xiao Feng finished stating the content and looked up at the defendant.

Of course he knew what he was talking about.

But.....

The plea in court is like this, and in an unfavorable situation, it disrupts the rhythm of the other party.

Try your best to deviate the other party and strive for the corresponding legal interests of your client.

The current situation is that the evidence in the trial and the other party's defense are very unfavorable to the plaintiff, that is, Chen Meixia.

He can only use this way to make statements, influencing the subjective intention and judgment of the presiding judge.

At the same time, in the face of Xiao Feng's litigation statement.

Su Bai countered and said: "We do not agree with the plaintiff's litigation defense. ”

"The legal and factual basis is as follows:"

"Burden of proof and verification in accordance with Article 67 of the Civil Procedure Law."

"It is the responsibility of the parties to provide evidence for their own claims."

"Where the parties and their agents ad litem are unable to collect evidence on their own for objective reasons, or where the court deems evidence necessary for the trial of the case, the court shall investigate and collect it, or the parties request the court to conduct an investigation and collection."

"The court shall, in accordance with legal procedures, comprehensively and objectively review and verify the evidence."

"The understanding and application of the Civil Procedure Law is clearly stated:"

"The plaintiff shall present evidence on the facts on which the plaintiff bases his claim, the facts on which the defendant bases his own defense or counterclaim, and the claims made by a third party against him.

That is to say, the different claims of the parties should be proved by the party who put forward the claim.

The parties have the responsibility to provide evidence and prove the facts on which their claims are based or on which they refute the claims of the other party.

Where there is no evidence or it is insufficient to prove the factual assertions of the parties, the party bearing the burden of proof shall bear the adverse consequences. ”

"For evidence that cannot be collected on their own, the parties and their agents ad litem may request the court to collect it."

"To put it simply, according to the law, Chen Meixia does not have enough evidence to show that Zhang Dahu has the fact of pushing her, so the court should rule that Zhang Dahu does not bear any responsibility and reject Chen Meixia's litigation claim in accordance with the law."

"I hope that the court can return the innocence of our party Zhang Dahu in accordance with the content of the law."

Su Bai looked up at the presiding judge's seat.

In civil litigation, whoever asserts the claim shall present evidence.

According to the relevant provisions of the law, if you can't produce evidence for your claim, then what do you claim?

There is no evidence to form a chain of evidence, and there is basically no problem with the verdict of this trial.

Although Chen Dahu can't come up with relevant evidence?

But you, Chen Meixia, can't come up with relevant evidence.

Then the court would have ruled in favor of Chen Dahu under normal circumstances.

Or to put it another way, the court will dismiss Chen's application.

Old saying.

If Zhang Dahu is held responsible, then there is a problem with the trial judgment of the Fit Court.

How to solve the problem?

The judgment here is wrong, so I turned around and went to the procuratorial review department to report.

By the way, open a case.

For this aspect, Su Bai is familiar with it.....

In the presiding judge's seat, Qian Wei couldn't hear Su Bai's statement, and turned his head to look at the plaintiff's seat.

"Plaintiff, when you made your statement just now, did you say that Zhang Dahu took the initiative to send you to the hospital, and also paid the medical expenses in advance?"

Xiao Feng opened his mouth and replied: "Yes, Chief Judge." ”

Su Bai: ???

His brow furrowed.

Isn't it that I have already laid out the laws and regulations, and I have already stated them, shouldn't you ask the defense, presiding judge?

Or directly ask the plaintiff if he has any objections.... Let the plaintiff present his or her case.

Now..... what does it mean to ask this question?

Su Bai didn't say anything, and silently looked at Qian Wei in the presiding judge's seat on the trial platform.

Li Xuezhen was stunned for a moment, as if she had figured out something.....

quietly looked at Qian Wei in the presiding judge's seat.

Qian Wei continued to ask: "Can the plaintiff tell me about the situation in the hospital at that time?" ”

At this time, Xiao Feng motioned to Li Zhuang, who had been sitting on the side, to speak.

Li Zhuang spoke: "Presiding judge, the situation in the hospital at that time was that after I rushed to the hospital, I saw Zhang Dahu. ”

"Zhang Dahu was at the door of my mother's emergency room, and when I arrived, Zhang Dahu's expression was a little anxious, and then there was nothing else."

Qian Wei turned his head and looked at the defendant's seat: "Do you have any objections to what Zhang Dahu stated as the plaintiff?" ”

Zhang Dahu: "Presiding judge, I have no objection. ”

"Hmm!" Qian Wei nodded and continued to ask:

"According to the evidence and factual basis provided by the plaintiff, you paid Chen Meixia's medical expenses in advance at that time, right?"

Zhang Dahu nodded: "Yes, I paid in advance." ”

"So what was your psychology when you paid the advance medical expenses in the hospital?"

Zhang Dahu frowned and paused slightly for a few seconds: "Presiding Judge, I don't understand what you mean.....

Qian Wei once again stated and emphasized:

"What I mean by asking is, why did you help Chen Meixia pay for her medical expenses? What did you think when you paid at the time? ”

"Oooh.... Presiding judge, I understand. ”

"I didn't think about anything at the time, because if the hospital conducts first aid, I need to pay the medical expenses in advance, and if I don't pay in advance, the hospital will not deal with it, there is no way, I can only pay in advance."

Qian Wei glanced at the litigation materials, looked up at Zhang Dahu, and continued to ask:

"Then you paid in advance out of good intentions, and did not ask the other party to pay it back? Do you not expect anything in return for your righteous deeds? ”

Qian Wei's words made Su Bai understand in an instant.

Boy!

It's for him!

Because he said before, Zhang Dahu paid the medical expenses in advance, and the money was quite lent to Chen Meixia.

Returns are required.

Now Qian Wei asked.

Isn't the purpose already obvious?

Want to use clichés to determine that the statement of the agent ad litem is inconsistent with the subjective will of the client?

Reversal of the claim, thereby further determining that the plaintiff is against the claim?

To put it more seriously, there is even a suspicion of forgery.....

And what is the most important question about this question?

The most important thing is that there is also the suspicion of guidance!

As the presiding judge, should I ask that?

Not at all!

Are you a presiding judge, with subjectivity and inducement to ask?

Outrageous!

Su Bai raised his hand and signaled: "Presiding judge, we believe that this question is subjective and inducing, and we refuse to answer this question!" ”

Qian Wei: ???

Knock knock!

"Reject the plaintiff's argument!"

"According to the relevant laws and regulations at the trial, lawyers have the right to challenge acts and behaviors that do not comply with the law."

"Please also tell me what are the reasons for rejecting our view?"

"The reason is that the question is not inducing."

Qian Wei glanced at Su Bai, and didn't know if he was unwilling to entangle on this issue, so he changed his question:

"When you were paying the medical bills in advance, did you think about asking the person to repay?"

This question.... It's a normal inquiry.

Qian Wei took a step back, and Su Bai did not continue to dwell on this issue.

And Zhang Dahu saw the verbal confrontation between Su Bai and the presiding judge just now, and knew that this question was not easy to answer, and he was not sure what he should say.

Tangled his gaze fell on Su Bai.

Su Bai had already communicated with Zhang Dahu about various issues before, and he also knew what Zhang Dahu was thinking in his heart.

So he whispered: "Say whatever you want...."

Knock knock!

Qian Wei rang the gavel.

"Ask the defendant to answer this question."

Hearing what Su Bai said, Zhang Dahu breathed a sigh of relief.

"The presiding judge .... My idea at that time was to send people to the hospital, and according to the regulations of the hospital, they had to pay the medical expenses, and then I thought that I would pay the medical expenses first, and then tell them about my medical expenses when Chen Meixia's family came. ”

"This advance payment of medical expenses is a lot for me and my family, and I have not said that I don't want this advance payment of medical expenses."

Boom!

Qian Wei frowned slightly, looked at Zhang Dahu, and continued to ask:

"According to the hospital's proof of payment, you pay the medical expenses more than once, which is divided into three times.

The first time was when you just sent Chen Meixia to the hospital, you paid the medical expenses in advance.

The second time was Chen Meixia's family, and when she didn't come yet, the hospital informed you that the expenses were not enough, and you paid the medical bills again.

The third time is that Chen Meixia's family has arrived at the hospital, in this case, why do you continue to pay medical bills? ”

This question....

Why?

As soon as he heard this inquiry, Zhang Dahu instantly became excited:

"That's because Chen Meixia's family insisted on saying that I hit the person, and they had to stop me, not let me go, and let me continue to pay the medical bills."

"I can't help it, so I continue to pay the medical bills."

Boom!

"Chen Meixia's family stopped you and said that you hit the person, but didn't you explain it to them?"

"Did you tell Chen Meixia's family at that time that you didn't hit the person, you had already paid the medical expenses in advance, and asked them for the medical expenses in advance?"

Zhang Dahu: "I told Chen Meixia's family that I didn't hit the person, at that time they insisted that the person was hit by me, and I had no choice, so I continued to pay the medical expenses in advance, they said that the person was hit by me, and I had to pay the medical expenses in advance, and I asked them to come back or not." ”

In the face of Qian Wei's approaching inquiry, Zhang Dahu's mood was obviously a little anxious.

But it's not to blame him....

Because the purpose of Qian Wei's inquiry is to approach step by step.

Su Bai saw it.... At present, although the other party is not ethical in doing so, it does not violate the provisions of the law.

Knock knock!

Qian Wei rang the gavel again: "The defendant is a little excited, please control your emotions." ”

Keep asking:

"Defendant, according to your statement, Chen Meixia's family said that you hit the person at that time, but you knew in your heart that the person was not hit by you, why didn't you fight or report the case to deal with it?

And why did you pay the medical expenses in advance when you knew that you were wronged in the face of Chen Meixia's family's accusation against you?

What are your thoughts on paying your medical bills for the third time? ”

Faced with Qian Wei's three questions, Zhang Dahu opened his mouth to explain.

"Presiding Judge, I was just helping Chen Meixia out of kindness, but I didn't expect to meet such a difficult family member as Chen Meixia."

"I didn't report it because I didn't think about it at the time.... I think this matter is a favor from me, the other party has a misunderstanding of me, and some of them think that there is no need to go to the police. ”

"In addition, I also think that when Chen Meixia wakes up, their misunderstanding of me may be resolved."

"When the time comes, I'll be reimbursed for my medical bills.... Continue to argue, there is no need, and I have paid the medical expenses for the first two times, and I think it is not bad this time, and now the explanation is not clear, and it is a big deal to wait until it is clarified and I have to come back once. ”

"But I didn't expect Chen Meixia to say well at the beginning, saying that she would compensate me for the medical expenses, and said that she would thank me, but she turned around and claimed 400,000 yuan from me for medical expenses."

"Presiding Judge, I just want to get my own money back...."

"I don't have any other purpose, I do good deeds, can't I pay the medical bills in advance? Can't I get my money back? ”

"Am I wrong to be a good person?"

Chen Dahu spoke emotionally.

On the trial platform, presiding judge Qian Wei sounded the gavel.

"The second reminder, please pay attention to your emotions on the defendant side!"

The gavel sounded, and the dull sound was particularly harsh.

In the courtroom, everyone was silent.

On the bench of the collegial panel, Zhu Yuanfang and Xie Mingyan both looked at Qian Wei after listening to Zhang Dahu's narration.

Originally, when both of them wanted to say something.

But I saw Qian Wei ring the gavel

Qian Wei's face did not change, and he continued to speak, so he gave up again.

"Zhang Dahu, on the day of the crime, did you encounter this situation on the way to work?"

"Yes, Presiding Judge."

Zhang Dahu nodded after calming down.

"Then why did you encounter this situation on the way to work, and are you willing to take the initiative to help Chen Meixia to go to the hospital, is this in line with the common sense and experience of life?"

Su Bai: ???

Zhang Dahu: ???

Even Xiao Feng looked surprised, huh?!

"The defendant is also invited to answer questions."

What bullshit problem?

I've already asked a series of questions, and I still ask this, and the last question is simply outrageous.

Su Bai raised his hand and signaled:

"Presiding Judge, as the attorney-all-ennipotentiary for our client, I have something to say here."

"May I ask the presiding judge, does Zhang Dahu do good deeds? Doing good deeds while not at work? What does this have to do with common sense? ”

"Our client, Zhang Dahu, has already made it clear that he sent Chen Meixia to the hospital out of good intentions."

"It's a virtue that has nothing to do with common sense."

"It's like saving people, according to the provisions of the law, within the scope of the ability to save people, and if you don't carry out the rescue, it's an illegal act."

"Our client, Zhang Dahu, has the ability to help Chen Meixia, and then he will help."

"Any questions?"

"The presiding judge, in the courtroom, although it is important to make judgments based on common sense.

But it is more important to make judgments based on evidence. The law in our country stipulates who asserts and who produces evidence!

The other party has no evidence and no basis, and the presiding judge asked our client Zhang Dahu so aggressively.

I believe that the presiding judge has violated the fairness of a judge and seriously deviated from the judgment of the fairness and impartiality of the law! ”

Knock knock!

Qian Wei's face was not very good-looking, but he still ignored Su Bai's words.

Continue to speak:

"Please ask the defense to explain.

Chen Meixia was not knocked down by Zhang Dahu, why did Zhang Dahu pick her up and send her to the hospital? ”

"And pay medical bills three times in a row."

Another point, when he was in the hospital, Zhang Dahu knew that he was acting bravely to do good deeds.

In the face of Chen Meixia's family, why did Zhang Dahu not argue with reason, why did he not strongly express his righteous and courageous behavior, and refused to pay the medical expenses.

Based on the above points, can the defendant fully express Chen Dahu's thoughts at that time? ”

Su Bai: ?!?

What is this TM asking?

has already said several times, it was righteousness and courage that prompted Zhang Dahu to do the following.

No!

This presiding judge Qian Wei doesn't have a little empathy, and he hasn't done a little bit of good deeds, right?

The inner thoughts are so outrageous.

Thinking that there can't be kindness for no reason that can help get people to the hospital and pay for medical expenses, right?

It was the first time Su Bai had encountered this kind of presiding judge, and it was completely a free testimony.

"Presiding Judge, we have already stated it.... Zhang Dahu is out of the essence of righteous and courageous behavior, helping and helping is also a kind of kindness from the heart to do these things, not the so-called not you hit, why do you want to help, why do you send her to the hospital! ”

"If the presiding judge insists that it was our Zhang Dahu who knocked Chen Meixia down, then based on the facts, only one of Chen Meixia's confessions is used as supporting evidence, according to the relevant content of evidence in the Civil Procedure Law."

"A single supporting evidence cannot form a chain of evidence, and without a chain of evidence, Zhang Dahu cannot be judged to bear civil liability for compensation."

"We believe that Zhang Dahu does not have any corresponding responsibilities to bear."

"And we believe that the words and deeds of the presiding judge are highly subjective and completely inconsistent with a judge's view of the fairness and justice of the law!"

"Is there an inevitable correlation between sending someone to the hospital and hitting someone?"

"Not really!"

"Then why is the presiding judge holding on to this?"

"Do all the members of the collegial panel think so?!"

Su Bai's eyes were sharp and he looked at the seat on the judgment table.

.

….…

On the bench of the trial table, the other two members of the collegial panel, Zhu Yuanfang and Xie Mingyan, were also the first time to see this kind of fierce confrontation with the trial members.

However, what Su Bai said was reasonable and well-founded, and there was nothing excessive in his speech at the trial.

There was silence for more than ten seconds.

Xiao Feng in the plaintiff's seat is numb....

Is this Su Bai, the gold medal lawyer of Baijun Law Firm?

Directly challenge the presiding judge in civil proceedings.

Boy.... Not only the presiding judge, but also the members of the collegial panel.

This.... Admire!

Sure enough, if you are a barrister, if you are not a barrister, you don't dare to do this at all.

It's a rare sight!

Xiao Feng said it silently in his heart, and looked up at the seat of the judgment table.

Now the last people to come down to the stage should be the members of the collegial panel.

Truly.

It is indeed rare for a collegial panel to face such a situation.

Very few of the collegial panels were questioned on the spot, especially in civil litigation.

On the bench.

Zhu Yuanfang also knew that this time it was Qian Wei, as the chief judge, who was indeed not so qualified.

But....

In the past, the former committee served as the presiding judge, even when hearing some controversial civil lawsuits.

There's no such thing....

What's going on this time?

Zhu Yuanfang didn't understand very much, sighed secretly in his heart, didn't continue to think about it, and came out to play a round:

"Okay, don't be so excited about the defense lawyer, stabilize your emotions first."

Flipped through two more pages of litigation materials, and then set his eyes on Qian Wei.

Noticing that Qian Wei's face was wrong, he spoke softly:

"Now that the plea at trial is almost over, let's make a court statement."

Qian Wei exhaled a long breath, his mood calmed down, and he nodded faintly, without making any response to Su Bai's questioning.

Speak slowly:

"Regarding this trial, does the plaintiff have any other factual basis or evidence that needs to be presented?"

The factual basis and evidence that should have been presented have been presented.

And according to the presiding judge Qian Wei's step-by-step questioning of Zhang Dahu just now, and the counter-questioning of the defendant's lawyer Su Bai.

The key to this trial is no longer the plaintiff, but the decision of the presiding judge and the members of the collegial panel.

Xiao Feng knew this very well in his heart.

In fact, the plaintiff could not produce more evidence or factual evidence.

Xiao Feng spoke: "Presiding judge, the plaintiff has no other factual basis or evidence that needs to be presented. ”

Knock knock!

"Then let's start the court case."

"Now I invite the plaintiff to make court submissions."

"Okay, Presiding Judge."

Xiao Feng flipped through the litigation materials and extracted the relevant content related to the statement.

Then he spoke: "I state the court as follows:"

"We believe that our main party, Chen Meixia, did not have the ability to fall down or have an accident under the circumstances at that time."

"Zhang Dahu, as the first person to discover Chen Meixia, is suspected of hitting people."

"With this, we believe that Zhang Dahu does not have enough evidence to show that the other party does not have the conditions to hit people."

"And Zhang Dahu has no factual basis and evidence to show or refute this point."

"According to the plea just now, Zhang Dahu has repeatedly used righteousness and courage to explain why he paid the medical expenses three times in advance and took the initiative to help Chen Meixia be sent to the hospital during work."

"There is no evidence that this kind of rhetoric of righteousness and courage can show that he is subjectively righteous and courageous, and has the motive to use it to escape his responsibility and suspicion."

That is, we believe that Zhang Dahu originally wanted to escape his relevant responsibilities and did not intend to bear civil liability for compensation, and the content of the plea was all used as an excuse and reason to escape responsibility.

Therefore, Zhang Dahu needs to bear the corresponding responsibilities for the medical expenses and mental losses of our party Chen Meixia and the subsequent medical compensation expenses. ”

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

Knock knock!

"Now I invite the defense to begin his case."

Hearing that he was going to enter the court to make a statement, Su Bai exhaled a long breath, this trial can be said to be the most outrageous he has ever played....

Well....?

It is indeed the most outrageous trial.

By any measure, the trial was outrageous.

Especially the attitude of the presiding judge.

In fact, the trial was over by the time he said who asserted and who adduced evidence.

But the presiding judge, Qian Wei, has been questioning Zhang Dahu, which is completely unreasonable.

From the presiding judge's point of view, if it were not for the direct result of Zhang Dahu's knocking down of Chen Meixia, he would have further searched for the chain of evidence from Zhang Dahu's language loopholes.

It is simply impossible to question a party in such a courtroom.

Unless there are other circumstances, there will be the situation just now....

For example, certain illegal acts.

If there are other cases, then it doesn't make sense for him to say more.

Even if he really defended the other party, then the judgment in court will also determine that Zhang Dahu bears the corresponding civil liability.

Simply and the court said less.

It's really going to be judged that Zhang Dahu bears civil liability, and he will go back and directly file for supervision and review....

Thinking of this, Su Bai spoke: "Presiding Judge, I will state the court as follows:"

"In accordance with the law, we refuted this trial and requested that the plaintiff's litigation application be dismissed."

"We have a law to follow."

"I also ask the collegial panel to take into account the evidentiary principle of who asserts and who bears the burden of evidence to make a judgment in this case."

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

After Su Bai finished his statement.... Look up at the presiding judge's seat.

Qian Wei, who was in the presiding judge's seat, was expressionless and sounded the gavel.

Knock knock!

"Now it is going to be adjourned, and the one-hour adjournment is over, and the verdict is announced in court."

Accompany the members of the collegial panel as they leave their seats on the courtroom.

On the court court.

Chen Meixia showed a smug smile, and Xiao Feng saw this, remained silent and did not speak.

He is just a lawyer who tries his best to assert his client's rights, and the rest has nothing to do with him.

And the defendant is in the seat.

Zhang Dahu looked a little nervous, because in the trial just now, he could feel the invisible pressure brought to him by the presiding judge.

I've been asked aggressively.,Anyone will have a bad premonition.。

And the attitude of the members of the collegial panel made him feel that this trial was a bit troublesome, and he had a premonition that he might lose the case.

Zhang Dahu turned his head to look at Su Bai: "Lawyer Su.... Lawyer Su, what do you think will be the final verdict? ”

Su Bai shook his head, he really didn't know about this.

Because today's trial is completely different from previous trials.

From the point of view of the defense, he believes that the presiding judge has a very subjective nature, that is, he determined that Zhang Dahu bumped into Chen Meixia, and deduced the process from the conclusion.

This is a mistake in the trial.

This is because if the process of derivation is carried out from the conclusion, there is a procedural asymmetry of conditions.

The greater the subjectivity of the individual adjudicators, the greater the possibility of a wrongful conviction by deducing the process from the conclusion.

Because the ascertained facts are not the same as the established facts.

Call.....

Su Bai exhaled lightly and smiled: "Don't worry.... If you are not responsible for this case, the law will definitely be able to restore your innocence. ”

"If the first-instance judgment finds you not responsible, it is better to say, if it is found to be responsible.... Then a lawsuit for the second instance can be filed. ”

"It's just that there may be some trouble in terms of time and procedure."

"When the time comes, our Baijun Law Firm will make arrangements..."

"Okay, thank you, Lawyer Su!"

After listening to Su Bai's answer, Zhang Dahu was obviously relieved.

Li Xuezhen, who was on the side, kept echoing in her mind after hearing Su Bai's words, judging responsibility, these words.

"If we really lose the case in the first instance and are judged to be responsible, what should we do next?"

Su Bai smiled: "Lawyer Li, don't you know what to do?" ”

Xiao Li's eyes lit up and he was looking forward to the trial.

.

….….

Discussion room for members of the collegial panel.

Qian Wei, Zhu Yuanfang and Xie Mingyan were all sitting on the sofa.

Zhu Yuanfang frowned slightly and looked at Qian Wei: "Judge Qian, how should this case be judged?" ”

Qian Wei took a sip of tea, and then slowly spoke:

"According to the defense of the lawsuit and the evidence at the trial, I think this Zhang Dahu is the one who hit Chen Meixia and needs to bear due responsibility."

"You two don't have any opinions on this, do you?"

Zhu Yuanfang and Xie Mingyan frowned at the same time.

No comments?

How can there be no opinion?

"Presiding Judge Qian, but according to the rules in the Civil Procedure Law, if anyone advocates who presents evidence, Chen Meixia can't come up with the factual evidence that Zhang Dahu hit someone, isn't it a bit unreasonable to make such a judgment?"

Zhu Yuanfang opened his mouth to question.

Xie Mingyan also took over: "I feel that it is indeed a little unreasonable.... Mainly because the evidence is incomplete, only Chen Meixia's confession and the testimony of passers-by, is this judgment not appropriate? ”

"And there's.... That Su Bai is very difficult in our Nandu legal circle, I don't think this judgment is very reasonable, will it be very troublesome in the future. ”

Thinking of that phone call, Qian Wei smiled:

"According to the defendant's defense, such a judgment is indeed somewhat unreasonable."

"But if you look at it from the plaintiff's point of view, there is a certain reasonableness."

"You see... Chen Meixia fainted, Zhang Dahu paid the medical expenses many times in advance for the sake of righteousness, and also paid the medical expenses again after the relatives and family members came, is this reasonable? ”

"The essence of this case is that Zhang Dahu knows that there is no evidence, so he insists that he is acting bravely and wants to evade responsibility, and this kind of problem has appeared many times in civil lawsuits.... I don't think there is any problem in holding Zhang Dahu responsible. ”

"But... What are the criteria for the decision? There's no evidence! ”

Qian Wei motioned to the two of them to be okay: "It doesn't matter if there is no evidence. ”

"The basis for the determination is based on a high degree of probability, and the civil action in this trial is in line with a high degree of probability."

High degree of probability.... It is the rule of proof of civil evidence.

Article 73 of the Provisions on the Evidence of Civil Proceedings Published by the Supreme People's Court in '01.

In civil litigation, the parties adduce opposite evidence on the same facts.

But there is not enough basis to deny the other party's evidence.

Based on the facts and circumstances of the case, the court should judge that the probative force of the evidence provided by one party is greater than that provided by the other party, and confirm the evidence of the party with greater evidentiary force.

Plainly.

That is, when both sides do not have sufficient evidence, how to determine that the presiding judge has the final say.

Therefore, Qian Wei didn't pay much attention to Su Bai at all, because this lawsuit is a civil lawsuit, and a high degree of probability does not belong to the violation.

Even if he ruled that Chen Meixia won the lawsuit, there would be no problem.

What can Su Bai do with him? Can't handle him at all!

What's wrong with that? There are no problems either!

He believes that the strength of the evidence is on the plaintiff's side, so the evidence is on the plaintiff's side, is there any problem in determining that the plaintiff wins the case?

No problem at all.

Even if it's a fact, Zhang Dahu didn't crash into that house, what's wrong? He judged so, and since there was no problem, he judged so.

Zhu Yuanfang and Xie Mingyan glanced at each other when they heard the high degree of clarity, sighed slightly, and both of them were silent.

"Well, this decision is mainly based on the opinion of Judge Qian, right?"

Qian Wei nodded: "Hmm! ”

Seeing Qian Wei nodding in response, neither of them continued to say anything.

.

….….

Soon the court was adjourned and the time was over.

Amid the reopening of the clerk's hearing, the three members of the collegial panel walked to the courtroom platform.

Knock knock!

Qian Wei rang the gavel.

"The adjournment is over, and the trial is now reconvened to prepare for the verdict."

"The cause of action of this case: The plaintiff filed a lawsuit by arguing that the defendant knocked him down and demanded compensation for medical expenses, mental damages, and follow-up treatment costs."

"This court has jurisdiction over the case and all applicable laws are in accordance with domestic law."

"After the collegial panel has studied and decided, the judgment of this case is as follows:"

"1: The plaintiff fell into a coma not due to illness, but to external factors.

According to the analysis of daily life experience, in addition to tripping, slipping and other self-caused situations caused by external factors, there are also situations where other people's external forces are knocked down or knocked down.

Neither party stated during the trial that Chen Meixia had tripped or slipped, and the defendant did not provide corresponding counter-evidence.

Based on the available evidence in this case, it is determined that Chen Meixia was knocked down or touched by external forces.

According to life experience, after a person is knocked down by an external force, the first thing to determine is the source of the person who was knocked down.

Identify who the person who knocked someone down.

According to the evidence in this case and Chen Meixia's confession, it was Zhang Dahu who was identified as the first time.

From the analysis of common sense, it is very likely that Chen Meixia was knocked down by Zhang Dahu.

And: If Zhang Dahu is righteous and brave to do good deeds, then the first thing he should do is to find the person who knocked down Chen Meixia.

According to social reasoning, before Chen Meixia's family Li Zhuang arrived at the hospital, he should have left the hospital after paying the first medical bill.

Instead of staying in the hospital and paying for the second and third medical expenses.

And if Zhang Dahu acted bravely, after Li Zhuang arrived at the hospital, he should explain the situation as soon as possible, instead of continuing to pay the third medical fee after Li Zhuang thought that Zhang Dahu was the party who knocked down Chen Meixia.

Based on the above analysis, it was determined that Zhang Dahu was the person responsible for knocking down Chen Meixia. ”

"2: Zhang Dahu was sentenced to compensate Chen Meixia for medical expenses, mental losses and follow-up treatment costs of 400,000 yuan."

"Three: It is decided that the plaintiff's litigation costs and attorney's fees shall be borne by the defendant."

"The case was tried and decided by the Nandu Dongcheng Court in the first instance."

"If the original defendant and the defendant have any objections or doubts about this judgment, they can file a retrial with the Nandu Intermediate Court, or submit a review request to the relevant supervision and review department."

"The judgment will be issued within 10 days to the address filled in by both the original defendants."

"Closed!"

Knock knock!

The sound of the gavel also means that this trial is over.

？？？？

What does this final verdict mean?

It was determined that Zhang Dahu was the party who knocked down Chen Meixia.

I said a lot earlier.

According to life experience, according to social reason, and according to the analysis of human nature, Zhang Dahu is judged to be the person responsible for knocking down Chen Meixia?

You don't have evidence, you analyze it based on life experience, according to social reason, right?

If all the above judgments are made, then do you have fewer wrongful convictions?

In court, we don't talk about evidence, we talk about life experience, right?

Good!

Let's not talk about anything else, let's not talk about whether Zhang Dahu really bumped into Chen Meixia.

Even if it really hits you, without evidence, can you judge blindly?

You are based on life experience, and that life experience is not up to you?

What's the matter?

The right to interpret the law is in your hands!

Isn't it pure nonsense that the presiding judge doesn't look at the evidence and life experience like this?

Some wrongful convictions are caused by such highly subjective acts.

Worthy of the badge on your body?!

Su Bai quickly packed up the litigation materials in front of him, and then waved his hand to let Li Xuezhen follow.

Li Xuezhen was curious: "Lawyer Su, where are we going to pack up so quickly?" ”

"Go to the prosecutorial review department next door."

Li Xuezhen's eyes widened, and her face was full of surprise: !!!

"To the prosecution?!"

"Okay! Lawyer Sue! ”

Li Xuezhen trotted to catch up with Su Bai.

Other people at the trial: ???

Qian Wei frowned slightly: This is the same as the rumors in Nandu.... I really went to the prosecutor's office without saying a word.

Go.

Qian Wei pretended to be calm on his face, even if he went.... His verdict was based on the basis of law, and there was nothing wrong with it....

The prosecution is here .... It's a big deal to withdraw the lawsuit, and it is determined that there are certain problems with his judgment.

How can you still send him in?

And the two people next to Qian Wei, Zhu Yuanfang and Xie Mingyan, couldn't help but chuckle in their hearts when they heard the conversation.

The other party went directly to the supervision and review department, shouldn't there be an accident?

After glancing at each other.

They all seemed a little nervous, but then I thought about it, this judgment and the research of the collegial panel were all led by Qian Wei.... I couldn't help but breathe a sigh of relief.

I don't know why, I watched Su Bai leave the trial scene with Li Xuezhen and Zhang Dahu.

Qian Wei is also a little less calm....

No, really went?

PS: Ask for a monthly pass~

It's a two-in-one~

(End of chapter)