Chapter 334 The parties protested, and the trial blew up directly

For this trial.

The difficulty has never been how to make a plea in court, or how to make a judgment in this trial.

Because from the point of view of fact verification, as well as the corresponding laws and regulations.

Did the defendant's industry and commerce, health, food, and reconsideration departments fail to act?

The relevant provisions in administrative law, the provisions of omission, are non-processing and delay, as well as non-response.

This is the interpretation of the provisions of the relevant law on omission.

The four relevant departments of the defense must have inaction.

Through the determination of relevant facts and relevant evidence.

Let's not talk about the rest.

The relevant departments of the defendant have been involved in failing to follow up with the complainant and relevant laws and regulations on Dafa Supermarket and the facts of the reconsideration.

From the first point of view, it is clear that there is such behavior.

This can be clearly seen from Yu Yan's defense.

Why?

Because Yu Yan's defense is very empty, there is basically nothing to talk about.

It's just a sentence, there are actions, but the actual situation and the relevant legal provisions are not stated.

To put it bluntly, it means that the act is not pleaded in accordance with the law.

This defense is not very convincing.

Why can't Yu Yan state other situations?

Because he had no factual basis to support his defense.

So it can only be stated from this point.

This must be very clear in Yu Yan's heart.

…

Facing Su Bai, he opened his mouth to apply for a judgment.

Peng Guangliang frowned slightly and glanced at the two judges beside him.

Then he spoke: "The determination of the plaintiff's application." ”

"There is a certain amount of controversy over the relevant determination by the collegial panel."

"Now it's going to be adjourned."

"After the trial, the verdict will be announced."

The hammer sounded and the court went into recess.

It's just that after the presiding judge announced that he had entered the adjournment stage, Su Bai frowned slightly.

The circumstances of this case are already very clear.

What else is there to collegiate?

The presiding judge is afraid that the impact will be too great, so he is unwilling to sentence?

Or is there something else that could happen in the case of a verdict?

Hiss....

What to say about this situation.

It's all too common.

Especially in administrative cases, it is normal to have a certain tendency.

After all, this administrative case involves many aspects.

…

Meanwhile.

At the time of adjournment, because this trial was a public trial, Su Bai's reputation in the legal circle was relatively large.

Although this time the trial was not released on a short video.

But it still attracted a lot of viewers.

In some of the live broadcast rooms of the law commentary, many people commented on the current trial of this case.

"This case doesn't seem to be too much of a problem!"

"Anyone who does not study the law can see that the defense has no basis for standing in the defense."

"To be honest, I thought I would be able to see a fierce defense in this lawsuit, after all, Lawyer Su has had relatively few public cases in recent times."

"This lawsuit is stable!"

"Steady? Brother, didn't you look at the attitude of the presiding judge? You didn't see who the defendant was sitting on, did you? ”

"I think it's hard to pronounce a verdict in this lawsuit!"

"After all, there are too many situations involved, and there are many problems involved."

"One word - difficult! Besides, the court of second instance is only an intermediate court, and if it is a provincial high court, it may still rule in favor. ”

"Look, look, to be honest, it's the first time I've seen Lawyer Su fight an administrative lawsuit since so many trials."

"I still hope to win the case!"

“.….”

There is a lot of public opinion about this case in the live broadcast room of the legal commentator.

Some people said that it was a bit of a mess and took the live broadcast room off the air.

However, it can also be seen that the live broadcast of the public trial conducted by Su Bai this time has a certain degree of popularity.

…

The other side.

Discussion room of the collegial panel.

Peng Guangliang and two other members of the collegial panel, Wang Xiang and Shen Jun, discussed the relevant verdict on the case.

"What do you two think of this case?"

Peng Guangliang asked, and then continued:

"Let me start with my opinion, the difficulty in this case lies with the defendant."

"This time four administrative units sat in the defendant's seat, and there was also an administration of the southern district."

"The three departments of industry and commerce, health and food actually ruled in accordance with the law, and there is no big objection."

"It's just that for the Southern District Administration, if the relevant judgment is made according to the complaint filed by the existing plaintiff."

"Then it's likely to have some impact."

"After all.... The administrative status is not the same. ”

"What do you two think? You can talk about it. ”

Wang Xiang and Shen Jun glanced at each other, and then Wang Xiang spoke:

"Actually, I have the same opinion as Judge Peng."

"The defense in this case involves multiple departments."

"A little more."

"Before the trial this time, the administration greeted me, saying that I could think more about this aspect when I was conducting a collegiate meeting."

"Consider the impact."

"To be honest, it makes our trial work very difficult."

"I don't think it's better to impose penalties on the other three administrative departments, but not for the reconsideration unit."

At this time, Shen Jun spoke: "But if you revoke the lawsuit on the side of the reconsideration unit, will the other three parties have any objections?" ”

"If we continue to make appeals, it will still have a certain impact on us."

"I think it is directly sentenced that Dafa Supermarket should lose money and lose money, and it should be compensated."

"As for the rest, dismiss it, if not, what else?"

Regarding Shen Jun's opinions, Peng Guangliang and Wang Xiang both fell into thinking.

How to say it!

Peng Guangliang is biased towards the plaintiff.

Why bias?

Because both from a factual point of view and from an evidentiary point of view.

There was no problem with the plaintiff's appeal.

If so, what is the law?

After the dismissal, the case is still not resolved, and the plaintiff still needs to continue to appeal.

It may even be considered that the judgment of the Intermediate People's Court is unreasonable.

At this point, Peng Guangliang seems very contradictory.

"Let's see."

"Let's not make a direct judgment first, but first look at the plaintiff's suggestions and appeal requests to several other defendant departments."

"Or let's talk about whether there are any other judgments."

"Let's say only three other administrations."

Peng Guangliang spoke.

Wang Xiang and Shen Jun nodded at the same time: "Okay, then discuss it first." ”

…

The adjournment ended.

At the reopening of the trial, Peng Guangliang announced that he would not make relevant judgments for the time being.

Instead, the plaintiff is asked to present its claims and claims against several other defendants.

Hearing that the presiding judge did not make a judgment for the time being.

Su Bai frowned slightly, and he knew in his heart that it was because he didn't make a judgment for the time being.

What else could be the reason?

Nothing more than considering the defendant in this case.

"Whew.... It's a bit of a hassle. ”

"This lawsuit is indeed simple because of the factors involving the defense department, but the judgment and enforcement are very difficult."

Su Bai looked at the litigation materials and read silently in his heart.

However, in accordance with the presiding judge's request, he stated the litigation applications against each defendant one by one.

The statement of the remaining defendant is actually very simple, and there is not much difference from the relevant statement of industry and commerce.

Because the issue at stake in this case is the omission of the defendant.

From this point of view, except for Daihatsu supermarket.

The other defendants were involved in the same legal charges.

There is also agreement on the arguments of the plea and the arguments of the plea.

After all....

According to the Business Administration Law, the industry and commerce did not impose relevant penalties on Dafa Supermarket.

Similarly, food surveillance is not in place.

In addition, from a health and safety point of view, food poisoning has been caused, and many infants and young children have been poisoned.

Aggravating circumstances have already been involved.

From the point of view of hygiene, the penalty of suspension of business for rectification should be imposed.

However, in accordance with the relevant laws and regulations, have the relevant departments of the defendant done the above?

Not really!

Penalties were not imposed in accordance with the relevant administrative regulations.

Then the corresponding statement is much simpler.

Su Bai's statement is that the defendant's food inspection, health and reconsideration unit.

None of them have done their due duties, so from this point of view, they are all slacking off.

From a factual point of view, there is no room for refutation by the other parties.

This is because omission is a common problem in the jurisdiction of administrative law and in administrative cases.

There are very clear rules, and you don't have the things you complain about, or the progress is too slow, and there are cases of deliberate delays.

Then it is a case of inaction.

This is a right granted by law.

Based on the above, Su Bai scolded the defendant and his lawyer one by one.

The whole facts of the case are very clearly expressed.

It's just that....

The clearer Su Bai expressed, the more difficult it was for this case to be tried.

In particular, the complaint against the reconsideration department.

Su Bai said directly: "The defendant department has jurisdiction and administrative responsibility for other departments. ”

"However, it has not exercised the content of jurisdiction and management, and the corresponding supervision and urging behavior."

"We directly reject the reconsideration request submitted by us."

"We are completely unacceptable to us on this point, because the situation I submitted to the reconsideration unit is-"

"Nearly several children got food poisoning."

"Food poisoning, especially when it comes to infants and young children, I believe this must be an urgent matter."

"Dafabet is unwilling to make relevant compensation and make a public apology."

"And the relevant departments are unwilling to punish Dafa Supermarket."

"This is already a serious inaction because it involves not just a case of expired food, but food poisoning."

"The defendants here must know in their hearts the effects of food poisoning on infants and young children."

"We don't know what the purpose of the ball is played. Whether it's because you don't want to take responsibility, or because you don't want to act. ”

"And the reconsideration unit, in response to this situation, hastenedly dealt with it."

"So if you do anything in the future, how can you complain?"

"In this regard, I would like to ask the defendant to think about it."

"Whether there is a certain responsibility, and whether there should be relevant legal responsibility."

…

The accusation is direct, simple and neat, but it is slightly deserted in the courtroom.

On the trial bench, Peng Guangliang served as the presiding judge.

Regarding Su Bai's insistence on accusing several other departments, he shook his head slightly.

In particular, the complaint against the reconsideration department.

If it can be judged that other departments have lost the case, there is no problem with this, but the reconsideration department is the Ministry of Administration!

How to judge?

In this regard, Peng Guangliang can only choose the result of the collegiate discussion just now.

Select the other three administrative departments.

"The plaintiff filed a complaint against the reconsideration department."

"The collegial panel held that in this case, the reconsideration unit acted as an additional defendant in the joint lawsuit."

"It is not directly related to this case and should not be reflected in this trial."

"The defendant should be Dafa supermarket, industry and commerce, food, health, etc."

"Therefore, the court held that the conduct of the reconsideration unit should not be reviewed."

"Do you have any objections to the above?"

After the presiding judge has finished speaking on this point, nothing else will be said.

The rest of the prosecution's department blew up at the time.

Why?

Because from the presiding judge's point of view, this is completely bullying them for their low administrative rank.

The reconsideration unit was directly removed.

I want to judge several of them.

Who is this for, and who would want to?

Although their administrative level is one level lower than that of the reconsideration unit.

But in the courtroom, if you don't want to have other situations, or if you don't want to be held accountable.

You'll definitely need to bring someone else along with you!

Regarding the presiding judge's verdict, other defendants' lawyers immediately reflected:

"Presiding judge, why do you want to remove the reconsideration unit from the ranks of the verdict?"

"We don't know which legal provision is based on this."

"So we object!"

…

Faced with this situation, Su Bai can actually understand.

On the one hand, the court did not want to directly dismiss the plaintiff's appeal request.

This has shown that the presiding judge's preference is actually on the plaintiff's side, that is, on their side.

After all, in accordance with the relevant laws and regulations.... There was indeed a case of omission on the part of the defence.

On the other hand, the court still has a certain amount of pressure in the face of the reconsideration unit.

Therefore, we want to make industry and commerce, food supervision and health as defendants.

The reconsideration unit will not be reviewed accordingly.

However, I did not expect that for this result, the other departments of the defense were unwilling to do so at first.

A protest was raised.

Hiss....

Su Bai exhaled a long breath, how can I say it, administrative cases are indeed difficult to fight!

But it is completely evident from this case.

The judge makes the relevant judgment based on the legal rights and interests of the plaintiff.

However, it has now been challenged by other departments of the defence side.

I don't know what kind of verdict the presiding judge will make in the final case....

…

PS: Ask for a monthly pass~

The case was tried, and I had no choice but to change it...

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