Chapter 330: The Defense, One, Two, Three.... Xiao Li: Wonderful! Direct Appeal Leading Departments!

Administrative Cases....

To be honest, it's generally not easy to deal with.

In the Northern Capital, administrative cases are a relatively large litigation sector.

Most law firms in the northern capital also prefer to play administration.

If there is an administrative violation in a certain department, then this is the favorite of the lawyers of the Northern Metropolis.

However, this is limited to law firms in the Northern Capital, after all, the Northern Capital has a special status.

There are certain safeguards in the legal aspect, especially in terms of administrative violations.

Elsewhere, though.

How to say it....

Administrative cases basically involve administrative violations.

When it comes to administrative violations, then it is possible to involve administrative interference in judicial results.

Therefore, ordinary local lawyers are reluctant to take on administrative cases.

First, administrative cases involve local departments, which will affect the development of law firms or individuals.

There is no need to affect yourself because of a case.

Second, even if you win an administrative case, it will be difficult to enforce it.

This is what many people say: "An administrative case is equal to a blank fight." ”

Why?

Because you've won the case.

Then, the defendant, that is, the administrative department, may not necessarily enforce the relevant matters in accordance with the court's judgment.

Enforced?

It's too difficult for the court to let the relevant authorities enforce it!

It's hardly realistic.

This is also the so-called reason why administrative cases are difficult to fight, and most local lawyers are reluctant to take them.

Because losing the lawsuit affects the reputation, and winning the lawsuit is not in place.

This situation is in a dilemma.

Su Bai has not fought many administrative cases.

In the case of bridge repair, there was an administrative lawsuit.

However, in the bridge repair case, the issues involved are mainly criminal, supplemented by administration.

It's not a simple administrative lawsuit.

Of course....

Among the cases that Su Bai took over, there were also cases involving administrative violations in other cases.

For example, a client was previously accused of being beaten to death in law enforcement.

This is already a case of lax supervision by law enforcement units.

There was a serious administrative issue involved, but at the time the case was primarily criminal.

And then there is.

Administrative cases generally belong to the common civil prosecution officer.

In common cases, civil lawsuits against officials basically cannot be won.

But.... This also reminded Su Bai of a special case.

In a certain area in the south, because the local economic conditions are good, and the legal conditions are good.

In a typical civil lawsuit, the appellant's side called the hotline directly out of fear that the court would make a biased decision.

In the end, it is not known whether it is the influence of public opinion or other influences.

This trial allowed the local political and legal leaders to appear at the trial.

to ensure the fairness of the trial.

It's a bit magical to say, but it's reality.

However, this is an extremely special case and does not apply to the usual cases.

Duan Liang said that this administrative case, Su Bai felt that the cow was there, and this case involved several units.

Kick each other's balls.

Let the parties personally sue, and they may not know which unit or department to sue.

"Lawyer Su.... This administrative lawsuit is indeed more complicated, do you think this case can be accepted? ”

Duan Liang scratched his bare head, expecting Su Bai to give a response.

Su Bai smiled and nodded: "Hmm!" This administrative lawsuit is indeed a bit complicated. ”

"But.... It's not that you can't fight! ”

"In order to expand the development of our branch, you can pick it up."

Hearing Su Bai's answer, Duan Liang raised his eyebrows.

"That's good! After this administrative lawsuit is over, the source of administrative litigation in our Beidu branch may be able to increase a little. ”

"In terms of development, the branch can also go more comprehensively!"

"Hmm!"

Su Bai nodded: "Let's meet the parties first." ”

"Good!"

Duan Liang informed the parties of the time to come to the law firm.

Su Bai made a simple collation and analysis of this case.

The administrative case involved in this case was that the parties were preparing to sue the food inspection department and the industrial and commercial department for inaction in the second instance.

Why is it so prosecuted?

Because the client's daughter bought a bag of snacks at a supermarket.

After eating the snack, severe diarrhea and other conditions developed.

When I went to the hospital, I was found to have food poisoning.

Fortunately, the medical treatment was timely, and there was no big problem in the follow-up.

However, the doctor said that if the delivery is a little late, it may cause some emergency situations.

Who isn't anxious about this situation?

When the parties approached the supermarket for explanation, the supermarket did not show any performance.

The person in charge just said a few words: "How can you prove that you ate our snacks and had an accident?" ”

"After leaving the supermarket, we are not responsible for what we sell, maybe you eat something else and cause food poisoning."

"Are you trying to blackmail us in the supermarket?"

Even after the parties came up with the relevant certificates, the person in charge of the supermarket just said:

"If you have the ability, go to the food inspection department and the industrial and commercial department to sue us!"

In the follow-up situation, the person concerned not only found the food inspection department and the industrial and commercial department, but also found the health department.

Expired food is under the management of the food inspection department and the industrial and commercial department.

If you have food poisoning, you need to report it to the health department.

The parties searched for these three departments in a row, but there was a situation of kicking the ball with each other.

The health department said:

"Food poisoning is indeed under the jurisdiction of the health department, but because the food is expired, it should be treated as if the food was expired, and let it go to the food inspection department and the business administration department first."

The other two departments also stated: "Food poisoning is under the jurisdiction of the health department." ”

Kick the ball again to deal with the parties.

In a nutshell, it's kicking the ball back and forth.

The party has been running for nearly a month because of this matter, and there has been no progress in this matter.

In the end, the parties couldn't stand it anymore and filed an administrative lawsuit and a civil lawsuit.

The supermarket was taken to court along with the administration.

The final result was a loss of the first instance.

Now preparations are being made for another lawsuit.

And there is one more key point in the meantime.

In the process of fighting the first-instance lawsuit, the parties discovered through understanding.

His daughter was not the only one who had food poisoning, but eight or nine children, all aged 3 to 8 years old.

When he understood and summarized this, Su Bai frowned slightly.

Two or more people have been counted as mass food poisoning.

Now it involves infants and young children, and the harm is self-evident.

For this kind of thing, the executive branch does not act ?!

Is it a question of kicking the ball against each other and not doing anything, or is it unwilling to take responsibility and deliberately shirk responsibility?

If it belongs to the latter, then it has already been suspected of an administrative violation.

.

….

Inside the office of the Beidu Branch.

The party Xiao Pingjun, after coming to the office and seeing Su Bai, stepped forward:

"Hello Lawyer Su...."

"Hello...."Su Bai took the initiative to shake Xiao Pingjun's hand.

Xiao Pingjun looked at Su Bai with a somewhat excited expression:

"Lawyer Su...."

"I have found a lot of lawyers for this case, and many lawyers are reluctant to take on such complex administrative cases."

"There is no way, I only found a small lawyer in the first trial."

"Now I am ready to file a lawsuit again, and I heard that the lawyers in Beidu have a high level of administrative lawsuits."

"And so it came."

"I like to watch some court trials and legal circles on the Internet, and I also know that Mr. Su is a top lawyer in China."

"I'm thinking of trying it at the branch office in the northern capital."

"I didn't expect this case to be undertaken by you, Lawyer Su!"

"Lawyer Su.... I'm going to bother you this time! ”

Su Bai smiled and said, "Don't bother, let's talk about the specific situation of this case first." ”

"Good, good...."

After a brief pleasantries, several people sat down and began to understand the specifics of the case.

Among them, Su Bai is most concerned about the real situation of food poisoning in eight or nine young children in this case.

To know.... Food poisoning by more than two people is already considered a mass incident.

Nearly ten children under the age of ten were involved in this case!

Food poisoning is suspected in young children, and it is in groups.

Compared with other cases of food poisoning, it is a serious circumstance.

And a very serious situation has already been involved!

Regardless of the rest, submit a report to the health department based on the existing food poisoning situation.

Still playing the ball in this situation?

Isn't this!

What if something really happens?

If something really happens, it may be comparable to a big case.

So for this matter, Su Bai was particularly concerned, and asked Xiao Pingjun a question.

"In the course of the first trial, did you mention that there were as many as eight or nine children with food poisoning?"

"Or do supermarkets and others behave after knowing that there are so many children with food poisoning?"

"Informed!"

"Not only did I inform about it, but I also emphasized the harmfulness of it."

"But no one cares..."

Xiao Pingjun spoke, looking a little helpless in his expression.

Looking at Xiao Pingjun's expression of helplessness and not lying, Su Bai frowned slightly.

This case has already involved the issue of expired food and food safety, and has not been dealt with in the relevant regard.

This already involves breaking the law, right?

"So what is the attitude of the other parents in this case?"

Su Bai asked another crucial question.

It's just that when this question was asked, Xiao Pingjun seemed a little silent.

"Lawyer Su."

"There is really no way to do this case, so I have to do it as a last resort."

"Hmm...."Su Bai nodded and motioned for Xiao Pingjun to continue.

"Everyone is an ordinary person, and I am really angry, so I plan to sue these departments."

"A few others are afraid of causing trouble, and they all say that if they go in again, the gains outweigh the losses, and they will pass if they think about it."

"There are two or three companies left that support my approach and cooperate with me, but they don't come forward."

"So if you let them testify in court, or give evidence of food poisoning, that's fine, right?"

"There's no problem with this one, they're just worried about getting into trouble, but it's okay to produce evidence."

"Then you didn't file an administrative review before filing the lawsuit?"

"Administrative reconsideration? It was filed, but the reply given by the administrative reconsideration was still replied to according to the template. ”

"It's useless."

"yes, okay."

After Su Bai chatted with Xiao Pingjun about the general situation.

I also learned that the case was in Tsu City, which is close to the northern capital.

The first trial was held at the Tianjin Basic Court.

The place of purchase is in a large supermarket in Tsu City.

In the process of chatting, Su Bai deliberately searched for this supermarket on the Internet, and the scale was not small.

According to Xiao Pingjun, this supermarket has been open locally for more than ten years.

After understanding the general situation, Xiao Pingjun was sent away.

Li Xuezhen on the side puffed up:

"Lawyer Su.... How can this be done by the relevant administration? ”

"Don't care at all, do you just let this kind of thing happen?"

"Now there are eight or nine poisoned children who have been investigated, and the actual number is definitely more than that!"

"Lawyer Su...."

"This administrative case, I think we have to fight it well!"

Looking at the righteous and awe-inspiring Li Xuezhen on the side, Su Bai smiled and nodded:

"Well, definitely!"

"But..."

"When this case was first litigated, Xiao Pingjun's administrative reconsideration was rejected, because he did not describe the situation of food poisoning in so many people."

"We can clearly state the seriousness and specific circumstances of the matter and file an administrative reconsideration again."

"Otherwise, when the time comes, the court will be held, and the relevant procedures will still have to be followed."

"Oh, okay lawyer Su."

Li Xuezhen nodded.

Immediately afterwards, Su Bai asked Xiao Pingjun to supervise food and business administration and the behavior of the health department.

and the description of the food poisoning of so many infants and young children, and apply for administrative reconsideration again.

To put it bluntly, administrative reconsideration means complaining to the relevant departments.

The relevant department ordered the department to complain about the case to be dealt with.

Xiao Pingjun listened to Su Bai's opinion and filed an administrative reconsideration again.

But....

This time, Xiao Pingjun got a reply - "Rejection of Administrative Reconsideration"

To put it bluntly, it is to reject the administrative reconsideration situation.

Su Bai was stunned for a moment after learning the news.

？？？

What does it mean to reject an administrative review?

According to the content of the rejection of the administrative reconsideration - after verification, there was no inaction in the health department, the industrial and commercial department, and the food inspection department.

The health, industry and commerce and food inspection departments interviewed the person in charge of the supermarket.

There is no inaction in the content of the reconsideration.

Seeing this reply, Su Bai really felt that this was fooling people.

What does this TM say?

Is interviewing the person in charge of the supermarket equivalent to acting?

Let's not talk about whether there is a real interview.

What are Xiao Pingjun's administrative demands?

Xiao Pingjun's administrative appeal is to conduct an in-depth investigation into the source of the food poisoning.

and the investigation of the expiration of food in the market supervision, and the issuance of corresponding reports.

In accordance with the relevant food safety laws and business administration laws.

Penalties are imposed on supermarkets accordingly.

Then there is the fact that people with food poisoning should be compensated to a certain extent.

So.... What is the use of interviewing the person in charge?

Isn't the failure to meet the relevant demands still a situation of inaction?

Li Xuezhen looked at Su Bai with a tangled expression:

"Lawyer Su, the administrative reconsideration has been rejected...."

"Are we going to prepare for an appeal next?"

Su Bai nodded: "Hmm!" ”

"But the defendant in the lawsuit, there is one more."

"One more?"

"Reconsideration unit."

Li Xuezhen: ???

Reconsideration unit?!

The reconsideration unit belongs to the administrative jurisdiction, that is to say....

Thinking of this, Li Xuezhen's eyes lit up,

This is good!

For the first time, the "administrative unit" was brought to court!

.

….

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(End of chapter)