Chapter 331 Trial: One Dozen Five, Defendant: Don't Look at Who We Are, Can We Still Lose?

If it is said that the food, industry and commerce and health lawsuits are brought to court, it is still a normal administrative lawsuit.

Then the reconsideration unit is already under the jurisdiction of the administrative locality.

This time, it can be said that four departments, a third-party supermarket, were sued to the court together.

There are five defendants in total!

Let's be honest .... This is also relatively rare in civil and administrative cases.

One could even say bursting.

After all.... Who sues five at once?

Isn't that properly outrageous? .

….

The matter of filing a lawsuit is relatively simple, and the court of first instance is the Basic Court of the Southern District of Jinshi.

Then to initiate the second instance, you only need to submit the relevant litigation materials to the Tianjin Intermediate Court.

However, among the issues involved in this case, there are relatively many cases.

Moreover, in civil cases, it is generally necessary to collect relevant evidence and clues by yourself.

Because in general civil litigation cases, it is based on who asserts and who presents evidence.

If the plaintiff files an appeal, the plaintiff must present relevant evidence to sue the defendant.

The defendant will be sentenced on the basis of relevant evidence.

In terms of evidence, Xiao Pingjun is relatively well preserved.

In addition, the families of several other children with food poisoning also kept the original tickets and hospital certificates.

It can be proved that it was caused by expired food purchased at the supermarket, and there was a case of food poisoning.

In terms of evidence, there are not too many problems in this case.

The reason for losing the case in the first instance.

It was because at that time, the main content of Xiao Pingjun's lawyer and the starting point of the lawsuit were wrong.

So it led to the final defeat.

The existing circumstances and evidence are much richer than those in the first instance.

So in the second instance.

If the presiding judge does not intervene in the judiciary, then the case will basically not be lost.

One more point ....

Like some simple administrative cases, there will be no administrative interference in the administration of justice.

This is because the public security department and the relevant administrative departments are in a state of irrelevance.

Overall, Su Bai believes that there are no other big problems in this case.

Even if there is, it is only in the implementation stage, and there is a certain degree of difficulty.

.

….

Soon.

After Su Bai sorted out the relevant evidence and new facts.

An appeal was filed.

The case was not subject to any other circumstances at the appeal stage.

The court accepted the appeal of the second instance of the case.

For administrative cases, as well as incidental related third parties.

It is common practice on the part of the courts to conduct the relevant mediation first.

This time, the presiding judge who accepted the case, named Peng Guangliang, set the time for the trial.

Peng Guangliang contacted Su Bai and wanted to ask for advice on reconciliation:

"The appellant has appointed a lawyer, and you sue five defendants at once, four of whom are administrative."

"There's also a reconsideration unit among them, isn't that a bit much?"

"I would like to ask your opinion, can this case be settled?"

Su Bai spoke: "Judge Peng, this case is not whether I want to settle or not. ”

"It is this case that involves the unresolved claims of our client and other victims."

"If the defendant can handle the relevant claims in accordance with our appellant's relevant claims, then I will directly withdraw this case."

"Is that okay?"

Su Bai can understand the judge's approach.

But he acted as attorney with carte blanche to enact.

Everything should be based on the client's litigation request at that time.

This case, since it has reached the level of appeal.

That's definitely not going to work.

Even if he wants to reconcile, what about the defense? Is the defense willing to settle?

Not necessarily!

Peng Guangliang, as a judge of the administrative tribunal, shook his head when he heard this request.

This kind of case .... To be honest, as a judge, I also find it very tricky.

Because this kind of case is not easy to handle.

You sentence, it's not easy to enforce, it's a slap in the face.

Don't judge.... According to the law, it is not good not to judge.

So under normal circumstances, he will ask the appellant and the defendant to reach a settlement.

To be honest, as a judge, he is the one who is very difficult in this kind of case.

Following the normal process, Peng Guangliang contacted other departments and offered to settle.

Discuss whether this matter can be reconciled.

But the response of other departments was to go to court if they were willing to do so.

Reconciliation is certainly not reconciled.

Fight a lawsuit against them?

Come on!

Are they still worried about lawsuits? Don't worry!

Peng Guangliang: ......

….

On the other side, the southern district of Jin City.

Dafa supermarket, inside the general manager's office.

Wang Hai was sitting in his office, looking at the summons submitted by the court, frowning slightly.

Dafa Supermarket was founded by Wang Hai and has been in the Southern District for about ten years.

To be honest, opening a supermarket usually requires dealing with industry and commerce, food, health and other departments.

He's been here for more than ten years, and nothing has happened before.

Who would have thought that this time Xiao Pingjun bought expired food from himself, not only for the first trial, but also for the second trial!

He even demanded that the supermarket be closed for a few days, inspect the expired food, make a public apology himself, and pay compensation.

Let's not talk about how much damage was caused by the closure of business for a few days, let's talk about how big the impact of a public apology is....

Wouldn't it be a proper smash to his reputation for a public apology?

Originally, I thought that I would lose a few hundred yuan per person.

But the other party has to go to the relevant departments to complain about themselves.

In that case, don't even want these hundreds of dollars!

It's better to spend this money than to maintain a relationship.

Looking at the summons, Wang Hai didn't know who to call, and after the phone was connected, he smiled and said, "Brother Zhang." ”

"Yes, yes, yes...."

"It's still the same thing before, it's all because I didn't urge the staff to check the expired food, which led to a batch of small snacks that expired."

"Yes, yes, it's my fault, I know it too.... No, yes. ”

"Honestly.... I also wanted to pay compensation, but his demands were too much. ”

"And he also complained to the department, Brother Zhang, you also know that my supermarket can't withstand such a big toss."

"Yes, yes, yes..."

"What? The court summons have been passed to you, and how many other departments are there? ”

"Okay, okay.... I see, thank you, Brother Zhang. ”

After hanging up the phone, Wang Haichang exhaled.

Let's sue this case and see what it can turn out in the end.

In Wang Hai's view, the appellant in this lawsuit sued so many departments at once.

It's strange to be able to win!

.

….

However, on the eve of the trial, Su Bai applied for a public trial.

In this regard, the court also agreed to Su Bai's request for a public trial.

Soon....

It's the day of the trial.

In the waiting room, Li Xuezhen's eyes were shining.

The information of the departments and units involved in this case was reviewed one by one.

Then he looked up at Su Bai:

"Lawyer Su.... It's okay to win the trial this time, but in terms of enforcement, what should we do? ”

Su Bai smiled and said: "As long as the judgment is won, then the follow-up enforcement will not be easy for the court." ”

"We have other options."

"Don't worry...."

"Oh, okay lawyer Su!"

Li Xuezhen nodded solemnly with a small face.

The staff brought the parties into the courtroom.

This time, there are relatively many court lawsuits involved, and the defense is relatively large.

Among them—

Health, food supervision, industry and commerce and reconsideration are in the same category.

It only needs to be determined whether or not they have done something.

The accusation against Dafa Supermarket, a third party, is the key point involved in this case.

Of course, this key point is whether the other parties have reached the basis of illegal suspicion.

Why?

Because the first thing to do is to make a complaint, there must be a reason for the complaint.

To determine whether the other parties have failed to act, it is necessary to determine whether the complaint is genuine.

The basic points of defence in the case have almost been decided.

On the plaintiff's seat, Su Bai briefly sorted out the litigation materials, and then looked at the defendant's seat.

This time, the defendant's seats are all with relevant lawyers, as well as the relevant people involved.

To be honest, although there are many defendants involved in this case, the case is not complicated.

On the seat of the judgment table, Peng Guangliang looked at the six parties under the seat of the judgment table, and the whole person was a little numb.

Previously, mediation was not completed, and now the relevant judgment can only be made through the hearing.

It's rare for so many defendants to appear at once!

After sorting out his emotions, Peng Guangliang looked at the litigation materials and slowly spoke:

"In this trial, the plaintiff sued the defendant Dafa supermarket for selling expired food that caused food poisoning to many children."

"Demand compensation and a public apology."

"Also...."

"An administrative lawsuit was filed against the defendants such as the health, industry and commerce, food inspection, and reconsideration departments."

"The basis for filing the administrative lawsuit is that the above departments have not punished Dafa Supermarket in accordance with relevant laws and regulations."

"The reconsideration unit did not conduct a real investigation into the reconsideration."

"Based on the above, an administrative lawsuit is filed."

"And the above departments, in accordance with laws and regulations, are required to carry out relevant management and punishment for Dafa Supermarket."

"This trial will be handled by the Tianjin Intermediate People's Court in an open trial."

"The plaintiff is now invited to make relevant statements on the appeal application."

"Okay presiding judge."

Facing the presiding judge to ask the plaintiff to make a statement, Su Bai spoke:

"The presiding judge .... According to the evidence provided by us, it can be clearly seen that the defendant Dafa Supermarket is suspected of selling expired food. ”

"This act of selling expired food in Dafa supermarket has violated the Food Safety Law."

"The act of selling expired food in Dafa supermarkets should be managed and supervised by industry and commerce and food supervision."

"Again."

"Dafabet supermarket, the expired food sold has caused food poisoning."

"Especially when it comes to food poisoning in infants and young children, in accordance with relevant laws and regulations."

"It should be under the jurisdiction of the health department."

"In this case, we have complained to the above departments many times."

"I complained that Dafa supermarket sold expired food, which caused food poisoning for infants and young children."

"But there was no reply, and Dafa Supermarket was not punished in accordance with the relevant regulations,"

"Based on the above."

"We can fully assume that there is a situation of slackness."

"In this regard, we raise the above and demand that the relevant personnel be punished."

"And ordered the above departments to punish Dafa Supermarket."

"That's all we have to say."

After Su Bai finished stating the above-mentioned materials written in advance, he glanced up at the presiding judge's seat.

The question of conclusive evidence, slackness, and inaction in this case mainly depends on how the presiding judge makes a determination.

It's just that....

The five defendants sitting in the defendant's seat.

Hearing Su Bai's appeal request included the issue of accountability for the relevant personnel.

Some of the department personnel who came to participate in this trial even smiled.

What?

Even if you prosecute them, do you still want to investigate the relevant responsible person?

What are you thinking?

Not to mention the rest, in this trial, there are five defendants, four of which are administrative units.

On that basis, the court can really rule that they have lost?!.

….

PS: Ask for a monthly pass~

(End of chapter)