Chapter 335 Administrative Reconsideration Guided by the Supreme People's Court - Rejection of Protests!

Bench on the judging table.

Peng Guangliang served as the presiding judge of this trial.

Faced with objections raised by other parties to the trial.

Didn't react too much.

Why?

Because he just stated that he would not review the reconsideration unit.

Then it must be carried out in accordance with the interpretation of the law.

When the collegial panel was conducting the collegiate deliberations, they had already conducted relevant discussions.

The result of the discussion is that if only the plaintiff's claim is dismissed.

It needs to be taken into account that the trial is currently being livestreamed.

This case involves a public topic, and it certainly cannot directly and completely dismiss the plaintiff's claim.

Because that would create a bad public opinion.

Again.

The factual evidence submitted by the plaintiff was conclusive.

Health, industry and commerce, as well as food inspection, do have the circumstances stated in the appeal.

Let's not talk about anything else.

What kind of legal provisions were used to dismiss Su Bai's appeal?

How can a refusal be made if it is not in accordance with the law?

Having said that, they would rather sentence the defendant in its entirety in accordance with the law.

I don't want to be brought up because of this. Surveillance review.

Although it is said that the administration has said hello, it has been said hello and its own prospects.

Which one is lighter and which is heavier, they still know very well in their hearts.

The appeal was dismissed.

At that time, it will be their judges who will be in trouble.

Based on this situation, the collegial panel discussed that-

In this trial, the trial of the reconsideration department will not be reviewed.

This is subject to relevant legal provisions and legal interpretations.

In accordance with the Supreme Court, the reconsideration organ procedurally rejected the reconsideration application.

The applicant reconsiders the decision and the original administrative act.

Only one of the lawsuits can be litigated, and there are no specific cases involving the issue of co-defendants.

This is in accordance with Article 48, Paragraph 1, Item 2 of the "Regulations for the Implementation of the Administrative Reconsideration Law."

The application for administrative reconsideration was rejected.

In accordance with the first paragraph of Article 6 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Administrative Litigation Law.

Where the reconsideration organ provided for in paragraph 2 of article 26 of the Administrative Litigation Law decides to maintain or maintain the original administrative act or rejects the reconsideration application.

The prosecutor may sue the original administrative act.

It is also possible to sue the reconsideration unit for inaction and request that the reconsideration unit accept its application for reconsideration.

Whichever route the prosecution chooses, there is no question of another organ being a co-defendant.

You can't do both at the same time, you can only choose one or the other.

If the original administrative act and the reconsideration organ are sued at the same time.

Violation of the principle of res judicata, resulting in duplication of work by the court and the reconsideration unit.

To put it simply, this is in accordance with the guidance of the Supreme Court.

How to prosecute the inaction of the reconsideration unit and the inaction of the administrative unit.

The reconsideration unit and the administrative unit cannot be prosecuted at the same time.

As co-defendants, they can only choose one party to review, and the other party may not do the review.

In accordance with this legal provision, the collegial panel deliberated.

The difficulty of this case lies in the fact that the defendant has a reconsideration unit and a high administrative level.

Since this is the case, then choose a soft persimmon judgment.

Then, in accordance with the Supreme Court's provisions on reconsideration and appeal of the Administrative Litigation Law, deciding to choose one or the other is equivalent to saying that the problem has been resolved.

To put it bluntly, in layman's terms-

The court has the right to decide whether to sue the administrative reconsideration unit or the administrative unit.

You can only choose one of the two.

Since the plaintiff's application cannot be dismissed or revoked, it must be decided that the defendant's other units will be determined.

After all....

According to the statements of the defendant's other units, the administrative level of the reconsideration unit is higher.

Therefore, only the defendant's business administration, food supervision and hygiene can be determined.

Of course.... All of this is in accordance with the legal process and legal interpretation.

.

….

Bench on the judging table.

In the face of the dissatisfaction and objections raised by the defendant, Peng Guangliang directly dismissed it.

"The defendant's industry and commerce, food supervision and health departments, the court rejected your objections."

"In accordance with the law, it is as follows."

"According to several provisions of the Administrative Litigation Law promulgated by the Supreme Court, the administrative reconsideration unit and the defendant administrative department cannot be treated as a joint lawsuit."

"You can only choose one or the other."

"The Supreme People's Court's Guiding Cases and relevant legal provisions are used to reject the defendant's relevant litigation claims."

Sitting in the defendant's seat is the person in charge of industry and commerce, the person in charge of health, or the person in charge of food inspection.

They all expressed their dissatisfaction with this behavior.

Why?

Because the reason why the three departments are not afraid of losing the case in the normal court trial.

It is because there is an administrative reconsideration unit among the co-defendants in this trial.

However, at present, the courts are choosing one or the other in accordance with a number of provisions of the Supreme Court on administrative litigation.

What about the latter part?

The latter certainly speaks for itself.

According to the defense just now, several departments of their defendants will definitely be convicted.

So as the person in charge, there is more or less influence.

At this time, Yu Yan, who was sitting in the defendant's seat, opened his mouth to refute under the hint of the person in charge of industry and commerce.

"Presiding judge, I would like to ask that the court will make a decision in accordance with several provisions of the Supreme Court's administrative litigation, and will not conduct additional review of the reconsideration unit."

"So.... Why not dismiss it when the case is filed? ”

"Need for a relevant dismissal at trial?"

"So I don't understand and don't agree with that."

On the trial bench, Peng Guangliang looked at Yu Yan and disagreed?

What's the use of disagreeing?

I am sentenced according to the law, do I need your consent?

The Supreme Court's reply to a number of provisions is already a legal interpretation.

As for why it was not dismissed when the case was filed in the first place.

This question is also very easy to answer.

"Regarding the question of the defendant's industrial and commercial lawyer, the court gave a corresponding explanation."

"First of all...."

"The case is not confirmed by the collegial panel, but by the case filing court."

"This is the work of the case filing division, not the trial work of the collegial panel."

"The collegial panel only proceeds and adjudicates the case in accordance with the relevant laws and the Supreme Court's guidance and interpretation."

"So in response to the questions and protests raised by the lawyer entrusted by the industry and commerce."

"The collegial panel made the relevant dismissal."

"If the defendant believes that the collegial panel has made any mistakes in the understanding and application of the law."

"You can continue to file an appeal, or directly submit it to the supervision review to find that the court has applied it in error."

"In this trial, the defense is not allowed to continue with the relevant statements regarding the protests."

"The trial continues!"

The hammer sounded.

The heads of industry and commerce, health and food inspectors in the defendant's seats all looked a little unpleasant.

However, after asking the entrusted lawyer, it was judged that it was not a violation of the law.

After learning that it was not a violation of the law, he could only hold his breath.

Who makes their department's administrative level not as high as the reconsideration unit?

If the administrative level on your side is high, then the court may choose the reconsideration unit as the defendant.

Merely....

The reconsideration unit is the administrative jurisdiction department, which specializes in handling and exercising jurisdiction over their units.

So no matter how you think about it, their administrative level cannot be higher than that of the reconsideration unit.

The trial continues.

In accordance with several provisions of the Supreme Court, the collegial panel chose not to prosecute the reconsideration unit.

Su Bai didn't have any objections.

Because this trial itself is to settle the client's litigation application.

The reconsideration unit did not supervise the administrative unit, and there was indeed a related slackness.

There is no doubt about that.

However, this trial decided not to conduct a relevant review of the reconsideration unit.

There is a legal basis for this.

Having said that, if the reconsideration unit still does not supervise the case.

So what to do?

Yes, it is possible to submit the reconsideration unit to the court separately.

If you don't go to court with other administrative units, you can go to court together.

This is also what the Supreme People's Court pointed out about the avoidance of duplication of work in the reconsideration trial in the Administrative Litigation Law.

.

…

Call....

Since the court has decided not to initiate a review of the reconsideration unit in this trial.

Then the rest is much simpler ....

The next thing is probably the matter of the court's presentation and verdict.

Really.

It was the same as Su Bai predicted.

After the presiding judge strikes the hammer, the parties are allowed to present their statements in court.

"Regarding this trial, the facts are clear and the evidence is clear."

"The collegial panel has understood the content of the parties' defenses."

"Now let's move on to the court case."

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

For the court statement, Su Bai didn't need to state too much, because the facts were already very clear.

This time, the trial involved many parties.

Su Bai also made a statement about the behavior of Dafa Supermarket and the laxity of its jurisdictional department.

"Presiding Judge."

"I have stated the following before the Court:"

"First of all, we believe that the sale of expired food in Dafabet supermarket has caused food poisoning in many infants and young children."

"It has been involved in mass poisoning incidents caused by negligence."

"Therefore, in the case of Dafabet Supermarket, we believe that our claims and other claims are reasonable requests."

"Secondly, there are accusations against the relevant departments such as industry and commerce, food inspection, and health."

"In this trial, the defense did not provide the facts of its actions."

"In addition, he even produced evidence suspected of being forged to escape his own inaction..."

"What does this situation belong to?"

"After learning that there are several children, they are involved in the consumption of expired food, and still do not punish the relevant sellers."

"It's already a serious case of knowing, inaction."

"I'd like to ask the various responsible persons in the defendant's seat."

"What is the reason for your inaction, is it because you are afraid of responsibility?"

“.….”

"In any case, the fact of inaction has been established."

"Based on the above, we believe that the relevant person in charge and relevant departments should be judged in accordance with the law."

"The presiding judge is our statement."

After Su Bai finished making relevant statements, the presiding judge asked the defense to make court statements.

The court statements made by the defense were relatively simple.

Again, because of the fact that there was no action, it seems particularly empty in terms of rebuttals and court statements.

Even the health department has omitted the court presentation.

After the statements of all parties were finished, Peng Guangliang glanced at Wang Xiang and Shen Jun.

Then strike the hammer.

"In this trial, all aspects have been completed."

"Now the verdict will be announced!"

Everyone stood up and listened to Peng Guangliang continue to read out the verdict.

"A public apology and a public apology for the plaintiff's accusation against Dafa Supermarket for selling expired food led to a food poisoning claim."

"After deliberation, the collegial panel decided, verified the facts and determined that Dafa Supermarket had indeed sold expired food to the plaintiff, causing him to get food poisoning."

"Dafa Supermarket should compensate, the plaintiff should pay medical compensation, and make a public apology to Xiao Pingjun personally."

"In addition.... To compensate for lost work expenses and other losses, the litigation costs shall be borne by Dafa Supermarket. ”

"And."

"The plaintiff in this trial has just decided not to review the lawsuit of the reconsideration department in accordance with several interpretations of the administrative lawsuit given by the Supreme People's Court."

"No decision has been made at this time."

"For industry and commerce, food inspection, health, the court found that there was indeed a case of inaction."

"And the circumstances involved are serious."

"It is determined that industry and commerce, food supervision, health and other departments will respond to this incident within the specified time and resolve it."

"And apologize to the person concerned."

"The respective litigation costs of the relevant departments shall be borne by the defendant department."

"The verdict is over!"

"If the parties to the trial have any objections to this trial, please file an appeal within the specified time, or file a supervisory review."

Knock knock!

"Closed!"

With Peng Guangliang striking the hammer, the trial announced the completion of the verdict.

Call....

The administrative lawsuit has finally been decided.

Then comes the most difficult execution phase.

The administrative difficulty is difficult to win the lawsuit, and it is difficult to execute!

However, Su Bai was not too worried about this.

As long as the court makes a decision, won't the rest be easy?

Report it!

Falsifying evidence, failing to act, deliberately covering up the facts of food poisoning, evading relevant responsibility, and ignoring the food poisoning caused by many infants and young children.

The first two points are facts, and the other is the result of the court's judgment.

The latter is the major impact.

This kind of thing .... How to say it, submit it to the relevant departments.

One submission and one quasi!

Maybe I can remove a lot of people....

.

….

PS: Ask for a monthly pass~

(End of chapter)