Chapter 459 The First Trial Punishment Landed, What Do You Mean? Appeals, appeals!

In Liu Wenya's case, the presiding judge has already tendentious.

The verdict of such a case will basically not have any big unexpected results.

Will you be able to win the case in the end?

Winning a case is a sure win.

However, only some compensation can be obtained, and the court is likely not to support the judgment in other claims.

Moreover.... More importantly, the defendant is not willing to pay more than 120,000 yuan in compensation.

Only 5,000 yuan was proposed.

The presiding judge has not yet given a clear request, and even asked the plaintiff to state the reasons for the claim of 120,000 yuan.

What does this mean?

This shows that the presiding judge's inclination is obvious.

The demand for the amount of compensation is also in favor of the defendant.

Sorting out this layer of thought, Su Bai took a deep breath.

As for the presiding judge's tendencies, there is no way to open his mouth to refute this point at trial.

In fact.

It is also a matter of discretion on the part of the presiding judge.

Because of the law, there are no strict standards for something from a different perspective and subjectivity.

Therefore, there will be such a tendency, and again, this is in line with the requirements of the trial.

…

At the request of the presiding judge, Su Bai briefly stated the composition of the 120,000 yuan.

The compensation amount of more than 120,000 yuan proposed by Su Bai was strictly calculated.

is in accordance with the legal basis.

The main composition is that Ye Meizhen violated Liu Wenya's right to a name to receive labor remuneration.

Similarly, use Liu Wenya's name right to study and further study for some internship opportunities.

In the process of the statement, Su Bai listed the specific data in detail, as well as the corresponding laws and regulations.

And under the presiding judge's questioning, they answered one by one.

After the issue is stated.

Bench on the judging table.

As the presiding judge, Zhang Mengwei consulted the defense on the amount of compensation.

"The lawyer appointed by the defendant proposed an amount of 5,000 yuan in compensation for the infringement of the right to a name."

"The plaintiff proposed to pay more than 120,000 yuan in compensation."

"The difference in the amount of compensation proposed by the two is relatively large."

"Is the original defendant willing to mediate on the amount of compensation?"

"What is the idea of the defense to appoint a lawyer?"

In the lawyer's seat entrusted by the defense, Zhou Liang heard the presiding judge's questioning.

Without too much expression, the compensation amount of 5,000 was proposed by Ye Meizhen.

Although he is said to be a carte blanche in this case.

However, with regard to the client's entrustment demand, he cannot change it at will.

After all.... Wang Qirui works in the court, and the client's identity is not ordinary.

If he is an ordinary person, he can change the client's litigation claim, but if he is such a person with identity and background, he must not do so.

Thinking of this, he spoke:

"Presiding judge, the amount of compensation of 5,000 yuan is too different from the amount of compensation proposed by the plaintiff, and our idea is that we are not willing to mediate."

"We believe that the compensation amount of more than 120,000 yuan demanded by the other party is too high."

"Okay."

Zhang Mengwei nodded and summarized the case.

Presently.

The decision has been decided, and the rejection has been rejected.

Only the amount of compensation remains to be discussed.

It's just that the amount of compensation, although it is said to be negotiable.

However, as the presiding judge, this is subject to discretion.

Even if the judgment is not made in accordance with the original defendant's respective claims.

Or rather.... Choose a reasonable compromise amount for the award.

This is also in accordance with the law and the rules of the trial.

The hammer sounded.

Zhang Mengwei did not allow the plaintiffs and defendants to speak on any other points.

Instead, he went straight to the last court process, the court statement.

The gavel fell, and Zhang Mengwei spoke:

"Now the defense of the key contents of this trial has been concluded."

"Now for the court presentation."

"Ask both the original defendants to make court statements."

"Plaintiff, let's start making court presentations first."

"Okay, Presiding Judge."

Su Bai was asked by the presiding judge to make a statement in court.

I knew very well that this trial was almost over.

The presiding judge's preference is evident in favour of the defence.

There is a certain legal basis for what the defense has stated, so there is nothing wrong with the presiding judge's inclination.

What will be the final penalty outcome in this case?

The end result is likely to be that the case was won, but it fell far short of the expected court appeals.

So.... In this case, there is no point in making court presentations, no amount of time.

In this case, Su Bai only made a corresponding statement from the amount of the penalty and Liu Wenya's experience of being replaced in college for so many years.

It is hoped that the presiding judge will be inclined to re-adjudicate this case.

Other than that, not much else is stated.

After Su Bai's statement was completed, squad leader Chen asked the defendant to start the court statement.

Zhou Liang is very clear that as the defense party who has already greeted the presiding judge.

For their side, there is little need for the courtroom presentation of this trial.

The presiding judge is already leaning towards their side.

Regardless of Chen's statement, is there any difference in the judgment of the final result?

It doesn't make any difference at all.

Therefore, Zhou Liang directly chose not to make a statement in court.

Bench on the judging table.

After the various court links were completed, Zhang Mengwei rang the hammer and spoke:

"Now all aspects of the trial have been stated."

"The result of this judgment will be distributed to all parties along with the judgment."

"Closed!"

With the fall of the gavel, a dull sound spread throughout the courtroom.

The first trial of Liu Wenya's case came to an end.

In the plaintiff's seat, Liu Wenya, as a party, although she does not know the law very well.

But....

In accordance with the dismissal and consent of the presiding judge to their plaintiff's claim in the courtroom.

and the separate attitude towards them as plaintiffs and defendants.

It is entirely evident that in this case, the presiding judge is inclined in favour of the accused.

Her right to education has not been adjudicated, and the amount of compensation may not be met.

This is very uncomfortable for Liu Wenya.

After all.... She was deprived of her life for so many years.

And now in exchange for such a result.

To be honest, Liu Wenya couldn't accept it.

After the verdict, Liu Wenya looked at the figures of Su Bai and Li Xuezhen and spoke:

"Lawyer Su, Lawyer Li...."

"Isn't the verdict in this case not very good?"

"I see that the presiding judge has rejected the suggestion put forward by Lawyer Su."

"Follow-up situation.... Isn't it a bit bad? ”

Facing Liu Wenya's inquiry, Su Bai nodded.

It has not been denied that the verdict in this case did not meet expectations.

Rather, it acknowledges the result directly.

"The verdict of the first instance is not very good, and it is normal for the presiding judge to reject the litigation claims raised."

"But what happens next..."

"Don't worry about that."

"Because this case involves the Constitution, the general first instance and the intermediate court will be very cautious in the trial of this case."

"I have had discussions with Xue Zhen about this, if the presiding judge of the first instance rejects our appeal request."

"Then you can appeal to the second instance, or even go to the Supreme People's Court for the final trial."

"No matter what the situation is, the current result will not affect the final verdict of your case."

"It's just.... Your case has no result in the first trial, and it may take some time to wait until there is justice. ”

“.…”

At the beginning, Su Bai did not have much hope for the result of the first trial.

The key point of this case is in the second instance!

Because the first instance is only the Intermediate People's Court to make a judgment, in many cases, the Intermediate People's Court does not dare to make a judgment in the first case.

In particular, it involves the most basic legal constitution.

The second-instance trial is only conducted in the Provincial High Court, which has a higher power of legal interpretation than the first-instance trial.

and be able to communicate directly with the Supreme People's Court.

From this point of view, Su Bai has actually focused on the trial of the second instance of this case in his heart.

Hearing this, Liu Wenya's heart calmed down a lot.

As long as you can achieve fairness and justice in the end, you can get back your own justice.

Waiting a little longer is nothing.

She has been waiting for so many years, how long can she wait for a while?

However, Liu Wenya asked another question:

"Lawyer Su...."

"I still want to ask a question."

"Although the court rejected the judgment on the right to education, Ye Meizhen did infringe on my right to a name."

"Can I take the verdict of this court to report Ye Meizhen?"

Liu Wenya's question is relatively critical.

But the answer to this question is no.

Because the concept of the right to a name is very vague.

It cannot be used to negate Ye Meizhen's right to replace Liu Wenya to go to school.

To report has a certain effect.

But if Ye Meizhen has connections, this report does not have much effect.

Su Bai shook his head: "You can report it, but it doesn't have much effect." ”

"Don't be in a hurry.... Legally, as well as the follow-up, I have already prepared and arranged. ”

"You just have to wait a while."

"Hmm!"

Liu Wenya nodded, let go of her original intention to report, and obeyed Su Bai's arrangement.

After the first-instance verdict, Su Bai and Li Xuezhen returned to Nandu.

The case ....

When the first-instance verdict is in place, then you can directly appeal to the Provincial High Court!

…

The other side.

After the verdict of the trial of the case.

Inside the Office of the Vice-President of the First Civil Division.

Wang Qirui sat in the office and thanked Zhang Mengwei.

"This time, I still want to thank President Zhang.... If it weren't for President Zhang's help, the final verdict of this case would be really hard to say. ”

"I'm in trouble."

Zhang Mengwei knew that what Wang Qirui said was polite words, so he simply followed this sentence:

"Where's that..."

"This trial is just a verdict according to the normal process, although there are some tendencies, but the tendencies are not very large."

"After all, Director Wang, you also have to understand.... Now the trial is for life. ”

"If there is any serious problem in the follow-up, then the responsibility will be held accountable for a lifetime."

"In this trial.... Actually, I didn't do much. ”

After a while of greetings between the two, Wang Qirui said the purpose of his coming, and continued to speak with a smile:

"Actually, I'm not just here to say thank you."

"And then there's the amount of compensation."

"According to the plaintiff's request, the compensation of more than 120,000 yuan is indeed relatively much."

"Then there's the ignorant one in my family, and she has to say that the less the better."

"So I really can't help it..."

Zhang Mengwei understood that Wang Qirui's desire to speak again and again, to put it bluntly, it was a matter of discretion.

It is enough to reduce the amount of compensation.

Zhang Mengwei smiled and nodded: "Okay, I understand." ”

…

Soon....

The verdict in Liu Wenya's case was issued to Baijun Law Firm.

Su Bai was going to take a look at the outcome of the first-instance verdict before appealing the second-instance verdict.

But what Su Bai didn't expect was that the content of the verdict of the first-instance case.... It was a little different from what he expected.

It is understandable that the rejection of Ye Meizhen violated Liu Wenya's right to education.

It is understandable that the compensation amount of more than 120,000 yuan will reduce it.

But what do you mean by convicting Ye Meizhen of violating Liu Wenya's right to name for so many years, and only awarded 5,000 yuan in compensation?

According to the amount of compensation paid by the defendant, it is an extra dollar?

What is this for?

Su Bai handed the verdict to Li Xuezhen on the side with a calm expression:

"Are the litigation materials for filing the second instance with the Provincial High Court ready?"

"Prepare for an appeal!"

Li Xuezhen looked at the amount of compensation in the verdict, and her little face was also very dignified.

Generally, the amount of such a claim is either on the plaintiff's side or on the defendant's side.

In addition, the presiding judge will make a judgment on the amount of the penalty according to the corresponding circumstances.

Li Xuezhen has estimated that even if the presiding judge is inclined to the defendant.

Then the amount of compensation in this case will probably be about 90,000 yuan.

However, it is now evident that only one more yuan has been added according to the amount of compensation paid by the defendant.

What does this mean?

The presiding judge accepted the red envelope, right?!

Appeals, appeals, must appeal!

Li Xuezhen's little face was full of anger.

…

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