Chapter 332 - No, No, You Provide Falsified Evidence?

After Su Bai finished his statement and applied for the relevant lawsuit, the atmosphere in the court was very flat.

Why does it seem so bland?

It is mainly about the parties in the defendant's seat.

For this lawsuit, I didn't pay much attention to it.

If one or two departments are involved, in their opinion, the court may rule against them.

But this involves four relevant departments, one of which is the administrative jurisdiction!

The court just wants them to lose the lawsuit, and they must also consider the impact, right?

Again....

After losing the lawsuit, they can also dump each other, do not execute, and do not advance.

Can the courts still enforce it?

How is this kind of thing enforced?

Not to mention the rest, it involves the administrative jurisdiction, if it is enforced.

The president of the court would not have made this request if he went to enforce it in person, right?

Based on these considerations.

So the various defendants who participated in the trial this time were not too worried.

.

….

Bench on the judging table.

Peng Guangliang simply sorted out Su Bai's appeal application.

But seeing the attitude of the defense, I couldn't help frowning.

I couldn't help but sigh secretly, and silently thought in my heart: "This case is difficult!" ”

Then, after clarifying his thoughts, he looked at the plaintiff's seat and began to make relevant conclusions.

"The plaintiff's application for litigation has been heard by the collegial panel."

"The plaintiff's opinion is twofold."

"First: apply to the defendant Dafa Supermarket, compensate and publicly apologize."

"Second: apply to the defendant for hygiene, food inspection, etc., and sue him for omission...."

"Does the plaintiff have any objection to the collegial panel's summary?"

Su Bai spoke: "The plaintiff has no objection. ”

"The plaintiff has no objection, based on the fact that this matter was caused by food poisoning in a number of young children due to the sale of expired food at Dafa Supermarket."

"Does the current defendant, Dafa Supermarket, have anything to say about the plaintiff's accusation?"

The presiding judge turned his head to look at the defendant's Daihatsu supermarket seat.

In this trial, as the general manager of Dahua Supermarket, Wang Hai deliberately participated in the trial in person.

And I found a first-class lawyer who handles lawsuits about this kind of thing.

Wang Hai turned his gaze to Li Shulin, the lawyer he had hired.

Li Shulin is the sole agent for this case.

In civil cases, in general, lawyers have greater rights than criminal cases.

The power to speak is also greater.

In the face of the presiding judge's question, Li Shulin looked at the materials and slowly spoke:

"The presiding judge .... We are willing to accept the compensation proposed by the plaintiff. ”

"The original incident in this case was indeed caused by Dafabet's lax supervision of food expiration."

"This is our fault, and we are willing to bear the medical compensation proposed by the plaintiff, as well as give a certain amount of compensation for mental damages."

Regarding this point, Li Shulin discussed with Wang Hai after learning about this case.

The other party has full evidence, and this side of Dafa Supermarket will not admit it even if it is bitten to death.

Then it will not have any impact on the judgment of the case.

The trial is based on the evidence and the relevant facts.

It's not just a matter of lip service or protest that can affect the final verdict.

Protests also need to have relevant factual and legal grounds.

So after Li Shulin and Wang Hai stated the relevant interests.

Wang Hai also accepted the fact that he was willing to pay compensation.

However, he strongly disagreed with the public apology and other demands made.

In this regard, after in-depth discussions with Wang Hai, Li Shulin decided how to litigate the case.

That is, medical compensation can be had, but not in other aspects.

Li Shulin continued to speak: "But.... We are willing to pay compensation, but we are grateful for the plaintiff's request for a public apology. ”

"We don't agree."

"Because a public apology affects our goodwill, the plaintiff cannot demand a public apology from us on the grounds that our products have minor defects."

"Again."

"Making a public apology is usually an infringement, for example, a violation of the right to reputation or goodwill."

"The alleged expiration of food and safety issues do not meet the criteria for a public apology."

"Therefore, we apply to reject the plaintiff's proposal, and we want to make a public apology for this matter."

Su Bai raised his hand to signal, and after getting the consent of the presiding judge, he opened his mouth to retort:

"By public apology, we mean in this case."

"Our client originally complained to Dafa Supermarket that the food was expired, which caused food poisoning in children."

"And outside the door of Dafa supermarket, it is publicized to customers."

"Dafa Supermarket accused our party Xiao Pingjun of saying rumors, and publicly apologized for this matter."

"Judging from the facts, what Xiao Pingjun said is not a rumor."

"However, Dafa Supermarket has accused our party, which infringes on the credibility of our party."

"According to the law, our party has the right to credibility, and if it is infringed, it has the right to ask the infringer to make a public apology."

"Instead of the defendant Dafa Supermarket's statement, a public apology for this matter."

"For this point, I think the defendant's appointment of a lawyer misunderstood what we meant."

Regarding the issue of credibility and public apology, Su Bai had already considered this.

A public apology only requires an apology to Xiao Pingjun.

Because an apology for the statement of the Ping Ping Jun has the same effect as an apology for the incident.

Moreover, what the lawyer entrusted by the defense is indeed right.

If it is simply based on the sale of expired food in Dafa supermarket, it will cause children to be poisoned.

It is not legally possible to compel the other party to apologize.

Facing Su Bai's statement and rebuttal, Li Shulin frowned slightly.

If you look at Su Bai's statement, this public apology also has some basis....

Let's be honest ....

Both civil and criminal.

Generally certain definite facts, which are not easy to refute.

But Li Shulin is still fighting for Wang Hai's related interests.

"Dafa Supermarket's refutation of the facts stated by Xiao Pingjun is to protect the goodwill of the person where he is located."

"Subjectively, there is no purpose to maliciously infringe on Xiao Pingjun."

"And there are no deliberate and spreading rumors."

"In this regard, we are willing to give a certain amount of compensation, and according to the infringement of the credibility of others, it should be judged according to the seriousness of the circumstances."

"We are willing to apologize to Mr. Xiao Pingjun in private."

"But a public apology on this issue.... Our application is refused. ”

After listening to the speech of the lawyer entrusted by the defense, what did Su Bai say....

The difficulty of this case is not the complaint against Dafabet.

Because no matter what point of view in this case, Dafa Supermarket has the fact that it violated the rights of others and the relevant evidence.

Application for rejection.

That has to be agreed by the court, right?

Su Bai didn't continue to refute, because he had already stated it very clearly just now.

Next, it is up to the presiding judge to decide.

On the trial bench, Peng Guangliang has already made a relevant conclusion on the relevant judgment against Dafa Supermarket.

Daihatsu Supermarket is mainly reluctant to make a public apology.

However, according to relevant laws and regulations, Dafa Supermarket is involved in related issues.

So....

Peng Guangliang is inclined to the plaintiff's side, that is, Su Bai's side, in this regard.

Regarding the above defense, Peng Guangliang said:

"The defendant Dafa Supermarket entrusted a lawyer to admit that the plaintiff's Dafa Supermarket refuted the true situation described by Xiao Pingjun?"

"And spread to others the fact that the real situation described by Xiao Pingjun is a rumor?"

Li Shulin: "We admit that there is such a situation. ”

"Based on the above, it is now up to the party to decide whether the defendant will make a public apology."

"The collegial panel believes that the defendant's conduct has had a considerable impact on the personal reputation of the plaintiff's party, Xiao Pingjun."

"Now the judgment is that Dafa Supermarket needs to make a public apology for the damage to credibility caused by Xiao Pingjun."

"Does the defendant have any objections to this?"

Li Shulin wanted to say something, but was interrupted by Su Bai:

"If the defendant has any objections, please use factual evidence and relevant legal basis to make a statement."

"If it is from other aspects, such as the business reputation and related losses of Dafa Supermarket, there is no conflict with our party."

"The inspection of food safety is the responsibility of Dafa supermarket, and the adverse effects caused by it should also be borne by the supermarket itself."

Li Shulin looked at Su Bai and frowned slightly, wasn't this deliberately passing on information to the presiding judge?

"Presiding judge, the plaintiff entrusted a lawyer to interrupt our statement in court!"

"It has seriously affected our defense thinking."

"Our application enables the plaintiff's lawyer to remain quiet and not to continue to interrupt our statement."

In response to Li Shulin's request, Peng Guangliang sat on the judgment table and rang the magic hammer.

"Now I would like to remind the plaintiff's lawyer not to interrupt the trial process."

Immediately afterwards, Peng Guangliang turned his head and asked Li Shulin:

"According to the statement of the lawyer entrusted by the plaintiff just now, no circumstances unrelated to the legal and factual basis may be raised."

"Does the defendant Dafa Supermarket have anything else that he would like to make a statement?"

Li Shulin: .....

Just now, he originally wanted to state the problem according to the operation situation and the actual situation of Dafa Supermarket.

But....

Now the presiding judge used Su Bai's reminder just now to inquire about him, what objections do you have....

In terms of facts and evidence, there is certainly no dispute!

What other objections can there be?

Li Shulin spoke: "We don't have any other objections. ”

"Since the defendant Dafa Supermarket has no other objections, the existing judgment is valid."

"Let's move on to the next question."

During the presiding judge's speech, there was a hint of displeasure on Wang Hai's expression.

Seeing this, Li Shulin on the side said in a low voice: "Mr. Wang...."

"This kind of public apology, although the court has made a judgment."

"However, in terms of implementation, we have many ways to escape."

"Actually, there won't be any negative public opinion impact on Dafabet Supermarket."

"Besides, I have already stated the relevant situation to Mr. Wang."

"This is what we have said before, and in the follow-up about the public apology, I will circumvent the relevant laws and reduce the losses caused by the public apology of Dafa Supermarket."

Hearing Li Shulin's words, Wang Hai's expression softened and nodded slightly.

And the other side.

The trial continues.

It's just that the next trial is relatively difficult.

Let Peng Guangliang, the presiding judge, also feel a little tricky.

How to say it....

As for the relevant judgment of Dafa Supermarket, because the plaintiff has conclusive factual evidence, there is no problem in the judgment.

But the remaining defendants.... If it is judged to be lax and inactive.

Then the problems caused are enormous.

As the presiding judge, he had to take into account the relevant factors and other circumstances.

After pondering for nearly a minute, Peng Guangliang slowly spoke:

"Now please ask the defense's health, food supervision, industry and commerce, and southern district administration."

"For the plaintiff, the appeal request made relevant statements."

After Peng Guangliang finished his statement, he asked the food inspectorate and the business administration to make relevant statements first.

The two defendants, as direct management of Dafabet Supermarket.

Let's be honest ....

In a state of complete indifference, but as an administrative branch.

It is also necessary to show a relevant attitude in the trial.

This time, the four administrative departments also hired relevant lawyers.

The lawyer from the industrial and commercial department first made relevant speeches.

"Presiding Judge."

"We do not agree with the argument put forward by the plaintiff."

"First of all, when the plaintiff made a complaint, we gave a corresponding response."

"A response will be made within five business days."

"And we also gave relevant answers, and conducted relevant interviews with the manager of Dashang Supermarket."

"That's what we're dealing with temporarily."

"The plaintiff accuses us of omission, but in reality?"

"Is there actually any slackness?"

"Isn't the interview an act or act?"

"From this point of view, the plaintiff's claim against us is entirely an act of omission that he subjectively considers."

"And not the actual reality."

"Based on the above, we believe that the plaintiff's claim should be dismissed."

After the defense entrusted the lawyer to make a statement, the presiding judge looked at Su Bai:

"Is there anything the plaintiff would like to make a statement?"

"Some presiding judges."

Su Bai raised his hand and signaled: "Presiding judge, we do not agree with the defendant's point of view. ”

"The defendant believes that interviewing the manager and person in charge of the supermarket is already an act."

"Then why hasn't the actual situation been resolved and progressed in any way?"

"In accordance with the Business Administration Act, the Food Supervision Act, and the Hygiene-related Management Act."

"After receiving a complaint, a progress investigation into the relevant matters shall be conducted within a certain period of time."

"And make relevant penalties."

"But in this case, there was such a big accident, food poisoning is not a trivial matter."

"And it's about young children."

"Shouldn't it be more concerned and taken seriously?"

"Just interviewing the relevant person in charge and ordering him to rectify, is this in line with the relevant management law?"

"It starts from the aspect of business administration, in accordance with the business administration law."

"If expired food is sold, in addition to claiming compensation for losses, consumers can also demand compensation from the producer or seller for more than 10 times the price."

"After Xiao Pingjun submitted the relevant complaint, why did he not deal with this matter?"

"Is it a fact that expired food is sold?"

"Is it a reasonable demand for compensation from consumers?"

"Yes!"

"But only with our person in charge, why can't we compensate in accordance with the relevant laws and regulations?"

"Isn't this a case of slackness?"

"Or is it wrong for the relevant personnel to think that Xiao Pingjun complained in accordance with the law and pursued his legal rights and interests?"

"Or maybe you didn't take it seriously at all?"

"The right not to deal with it lies with the person concerned, but there is always a right to defend yourself as a consumer, right?"

"Can you give an explanation as to why the defendant is unwilling to deal with it in accordance with the relevant laws and regulations?"

"Again."

"I would like to ask the most critical point, just now the defendant entrusted a lawyer to state that the manager and relevant person in charge of Dafa Supermarket have been interviewed."

"So!"

"Is there any evidence to substantiate the interview?"

"At what point in time was the interview taking place?"

"Can the lawyer entrusted by the defense be able to produce relevant evidence?"

Regarding the matter of the interview, to be honest, Su Bai didn't believe it very much.

If an interview is conducted, it is a very simple matter to punish him in accordance with the relevant laws and regulations.

There is no punishment, just an interview, what is the situation?

It's probably just a matter of lip service!

At this time, the lawyer he entrusted really took out relevant evidence from the trial.

It's just that....

Su Bai was stunned for a moment after seeing the evidence.

？？？

After repeatedly reviewing the evidence, it was confirmed.

This TM is falsifying evidence?!

No, this trial won't be enough, right? .

….

PS: Ask for a monthly pass~

(End of chapter)