Chapter 493: Provincial Law and National Law, How Do Provincial Representatives Compare with National Representatives?

The legal situation involved in this case is not too complicated.

There is only one defendant and one plaintiff, and there is a relevant indemnity contract and a relevant contract has been signed.

The main thing is that the program is simple and convenient.

But....

The background and impact of this crop claim case are very complex.

One is the propensity of the defendant company to intervene in the trial due to the background it has.

Second, the issues involved in this case are related to the entire province.

As the organization of the trial of this case, Fang Qiqiang.

Faced with this case, in my heart I was reluctant to hold a trial, or even unwilling to take over.

After all.... Once it is not handled well, then the case will be on fire.

Cause him great trouble personally.

But there is no way....

Now that the case has progressed to this level, it is impossible not to hold a trial, and it is impossible not to take over.

After the mediation failed, the Shuicheng Intermediate People's Court notified the two parties of the specific time of the trial.

During this period, Fang Qiqiang also found Su Bai and wanted to reconcile in private.

In this regard, Su Bai also put forward his own conditions, that is, as long as Wannong Agricultural Co., Ltd. agreed to the mediation plan they proposed, then this case does not need to be tried at all.

He can directly declare the case closed.

But will Wannong Agriculture Co., Ltd. agree?

If Magnum Agriculture Co., Ltd. could agree, Wang Xi'an would not have asked his uncle to call the court in person.

So.... It is simply impossible for Wannong Agricultural Co., Ltd. to agree to such conditions.

Fang Qiqiang knew very well in his heart that both sides of this case were very strong, and Wannong Agricultural Co., Ltd. was unwilling to compensate so much money.

Similarly, Su Bai was unwilling to make any concessions.

As the original defendants in the case, both sides have a very tough attitude.

The reason why he found Su Bai was that he hoped that Su Bai would be able to compromise somewhat.

But it is obvious that Su Bai, who is now the plaintiff, cannot compromise a little.

For this case .... Fang Qiqiang no longer has the intention of reconciling the two sides.

Because the two sides can't reconcile at all, there is no need to waste time and energy.

The relevant circumstances and issues of this case can only be resolved through a trial.

This time the trial.... Su Bai, as usual, also applied for a public hearing.

It is hoped that the impact of this case will be expanded through open hearings.

It is also necessary to put some pressure on the defendant to relent.

Merely....

Fang Qiqiang, as the judge of this time, coupled with the court's consideration of Su Bai's influence and the particularity of this case.

A public hearing was denied.

The reason for the refusal is also very procedural, that is, it is worried that the relevant circumstances of the case will have an impact on the listed company and will cause a bad situation to the operation of the listed company.

As a result, a public hearing was denied.

Su Bai didn't pay much attention to this, because the situation involved in this case had a relatively large impact.

It is quite normal for courts to refuse to hold public hearings on other grounds.

This is also in line with the corresponding legal process, and Su Bai has nothing to refute and oppose.

As long as Lin Jiayuan's legal rights and interests can be guaranteed in the trial, it is enough.

It's just that....

In this trial, the court and the presiding judge were clearly biased in favor of Wannong Agricultural Co., Ltd.

This bias is very obvious.

This has a huge impact on the final judgment and the amount of compensation.

Su Bai had a little headache about this, but he also knew in his heart that if he really defended his rights in accordance with the situation formulated in the contract.

Then even the presiding judge and the court's inclination is in favor of Wannong Agricultural Co., Ltd.

This case can also meet his application requirements.

So.... This inclination does not have much of an impact on the final outcome.

.

….

The trial began quickly.

As the plaintiff's entrusted lawyer, Su Bai and the plaintiff Lin Jiayuan both appeared in this trial.

The defendant, Yu Hao and several other lawyers, represented Wannong Agricultural Co., Ltd. in court.

The case was tried by Fang Qiqiang.

The trial process also progressed very quickly, and soon entered the formal trial stage....

Fang Qiqiang asked both the plaintiff and the defendant to state their respective entrustment claims.

Both parties' entrustment claims are the same as those made at the time of settlement.

Su Bai demanded 800 yuan per mu, but the defendant believed that the compensation of 800 yuan was too high, and insisted on compensating 20 yuan per mu of land and converting the value of the seeds.

As the presiding judge, Fang Qiqiang sorted out the case before the trial, and also knew that this case was aimed at the issue of compensation.

There is no doubt that Wannong Agriculture Co., Ltd. needs to pay compensation.

The focus is on how much yuan to compensate and how much to compensate for losses.

The plaintiff's claim is also focused on this point.

In the light of the word, the two sides are only concerned with one issue, and that is the issue of corresponding compensation.

Besides.... There is nothing else crucial.

Equally.

After stating the claims of both parties, Fang Qiqiang asked both the original defendant to state their evidence.

The plaintiff's basis is to proceed in accordance with the content of the contract.

The basis of the defense was that in this case, the plaintiff's failure to fulfill its contractual obligations led to a large-scale reduction in the production of food crops.

This means that it has avoided its own responsibility.

At this point, Su Bai was prepared early.

The certification of the professional body for the reduction of grain production was submitted to the trial.

The certification of professional bodies is that the reduction in the yield of food crops is not caused by external factors, but by the poor quality of seeds.

With this evidence, the defendant wants to deny that the reduction in grain production caused by them as plaintiffs no longer exists.

After all....

They have evidence, they have substantial evidence.

The other party also knows in his heart that it is because of inferior seeds.

In such a situation with ironclad evidence, the other party wants to refute, but what to refute?

If you make a statement in court, then in court, even if the presiding judge is inclined to the defense.

But....

Your defendant has no evidence, and no matter how much he leans in favor of you, it is impossible to judge you in favor of the case.

Otherwise.... This is a clear arbitrary decision.

Send him directly in, without the slightest hesitation.

So on the issue of this contract,

After each party has stated its own reasons.

Fang Qiqiang, as the presiding judge, fell into silence.

But soon, the state was adjusted and the mouth was summarized.

"Both the plaintiff and the defendant.... Now they have all completed their respective entrustment applications. ”

"Based on the current situation, it is obvious that the amount of compensation demanded is too high to be compensated on the basis of the contract."

"But...."

"According to the entrustment claim made by the defendant, the seeds were used as collateral for the compensation."

"This is clearly not in accordance with the law."

"Therefore, the court dismissed the claims of the original defendants."

"The Court held that .... In this case, compensation should be made in accordance with the Provincial Law on Compensation for Managed Seeds. ”

"According to the law, Wannong Agricultural Co., Ltd. shall compensate the damaged farmers according to the compensation amount of 80 yuan per mu of land."

"And only support, cash indemnity clause."

Fang Qiqiang directly stated the court's views at the trial.

The idea of compensating 80 yuan per mu of land was obtained through discussion with several judges in the Intermediate People's Court.

At the very beginning, Fang Qiqiang had already determined that in this case, it was necessary to reject the arguments of both the original defendants.

Why?

First of all....

The compensation proposed by Wannong Agricultural Co., Ltd. is obviously too little.

And what Wannong Agriculture Co., Ltd. is proposing is not compensation.

Rather, it is compensation from humanitarianism.

In this case, Wannong Agricultural Company is obviously responsible, and the responsibility occupies a large proportion.

Is it possible not to compensate?

No way at all!

The Court will certainly reject the fact that it only wants to make humanitarian compensation.

And from a legal point of view, if the two parties do not cooperate, it is not supported to mortgage in kind.

And one more thing.... Even if the item is pledged as a seed, the value needs to be verified before it can be used as a collateral clause.

At this trial, it was clear that the court could not agree to the claim filed by Wannong Agricultural Co., Ltd.

And on the other hand.

The plaintiff's lawyer, that is, Su Bai, proposed to compensate 800 yuan per mu of land according to the contract, which is actually a very reasonable request for this.

Because that's what the contract says ....

As for other loopholes, in fact, the courts cannot support them.

If the judgment is made according to the normal judgment, it can be determined that the plaintiff's claim is in favor.

The relationship with the background of this case is complicated.

Wang Xi'an's uncle greeted the court, so the court also needs to consider whether Wannong Agricultural Co., Ltd. can afford to compensate for so much money.

Try to minimize the defendant's losses.

There is also the attitude of Wang Xi'an's uncle.

In this case, the provincial regulations governing the seeds are used to make compensation.

It's a very reasonable decision.

Only 80 yuan per mu was awarded, which was far lower than the 800 yuan per mu that should have been compensated.

It is also much higher than the 20 yuan proposed by the defendant Wannong Agricultural Co., Ltd.

Overall.... It's a compromise.

It's just that....

The amount of compensation for the presiding judge Fang Qiqiang and the provincial laws and regulations used to make the award.

Su Bai was definitely unwilling.

Why not?

Because only 80 yuan is compensated, which is completely inconsistent with the client's entrustment demand.

Su Bai had talked to Lin Jiayuan about the loss before, and according to the cost, the cost per mu of land could be as high as six to eight hundred yuan.

The costs here include planting, pesticides, seeds, fertilizers, etc., and not include labor costs.

But now, the production has been greatly reduced, and machines are needed to harvest the grain.

The cost per acre of land is 50 to 80 yuan.

Is this cost increasing?

The current situation is that the yield per mu is very low, and the income per mu is only about 300 yuan according to the current yield.

On the whole, the net loss per mu is nearly 4 to 600 yuan.

Only 80 yuan will be compensated, which is completely impossible to cover the cost.

From this point of view .... The court's compensation was completely unreasonable, and it did not meet the client's corresponding claim.

This is completely unacceptable to Su Bai.

So Su Bai immediately refuted:

"Presiding Judge."

"We do not believe that this provincial regulation can transcend the legal composition and obligations of the contract with us."

"We still hope to be able to compensate in accordance with the contract and compensate us for our losses of 800 yuan per mu of land."

As the presiding judge, Fang Qiqiang immediately retorted:

"The plaintiff wants to claim under the contract..."

"But the amount claimed by the other party is too high."

"And there are multiple loopholes in the contract, and according to the law, the court can impose penalties in accordance with other applicable laws."

"It's okay."

"So for this, the court dismissed it."

When the hammer fell, Fang Qiqiang looked at the plaintiff's seat and slowly stated the reason.

It's just that when Fang Qiqiang stated the reasons and the corresponding basis, Su Bai refuted it again.

"Even if the court follows the corresponding procedures, it can apply other laws to make a decision."

"But why use the provincial regulations to regulate seeds?"

"According to the laws and regulations, it is completely unreasonable to use the provincial administrative regulations and laws to make judgments."

"In this case, if the Seed Management Regulations are used to impose penalties, then the Seed Law, a general law enacted in China, needs to be used in accordance with the law."

"In terms of priorities."

"The precedence of domestic law certainly takes precedence over the law of provincial regulations."

"According to the seed law, Wannong Agricultural Co., Ltd. should also bear all our losses."

"Therefore, whether it is from the contract or from the "Seed Law", Wannong Agricultural Co., Ltd. will compensate us for each mu of land, which is far more than 120 yuan."

"Therefore, we do not agree with the court's decision to use the Provincial Administrative Regulations Law to award the defendant 120 yuan in compensation."

"We apply to the court to be able to retract the judgment just now and make a judgment of compensation in accordance with the law of the corresponding priority."

Su Bai's answers and rebuttals were very sharp.

The court, on the other hand, if it really does not agree with the contract.

Then the domestic law, the Seed Act, can also be used to impose penalties.

Provincial regulations may not be used to impose penalties.

After all....

The Seed Act is a legal statute enacted by the National Delegates.

The Provincial Seed Management Regulations are laws and regulations formulated by provincial representatives.

Both at the administrative level and in terms of priority, the laws enacted by the national representatives are common throughout the country and are higher than the provincial management laws and higher than the municipal management laws.

So why should the provincial governing law be applied in this trial?

This is completely unreasonable!

Provincial law and national law must take precedence over national law, and besides, how do provincial deputies compare with national representatives?

The court's only purpose in imposing such a sentence is nothing more than one thing, and that is... I want Wannong Agriculture Co., Ltd. to pay less compensation.

But Magnum Agriculture Co., Ltd. will pay less.

So.... The losses for those farmers will be very heavy.

The loss of one mu of land is four to six hundred, so many peasant households, so many acres of land, how much will be lost in total?

These costs are all borne by the farmers!

And this incident was caused by Wannong Agriculture Co., Ltd.

The compensation for one acre of land is only 80 yuan, which cannot meet the client's demands at all.

And it is also not in accordance with the law, and it is not in line with a fair verdict.

When Su Bai used the "Seed Law" formulated by the national representative to refute the judgment conditions.

On the trial bench, Fang Qiqiang, as the presiding judge, frowned slightly.

Now discuss priorities at trial?

As a presiding judge, doesn't he know the priority of the law?

Sure it's clear!

However, the use of the Provincial Seed Management Regulations Law is the most beneficial for Wannong Agricultural Co., Ltd.

So he brought it up at this trial.

But.... Now it has been refuted by Su Bai.

For Su Bai's identity, as well as Su Bai's influence.

Let's be honest .... As the presiding judge, Fang Qiqiang was also a little afraid that there would be any trouble in the follow-up.

So.... When facing Su Bai's statement, he fell into silence.

There was no immediate answer.

.

….

PS: Ask for a monthly pass~

(End of chapter)