Chapter 494: A dilemma, move out of the background to warn

The degree of trouble in the trial of this case made Fang Qiqiang, as the presiding judge, feel a headache.

The reason for the headache is that how this case is judged seems to be tendentious.

Or from another point of view, no matter how the penalty is awarded, there is a certain risk.

This risk is the risk of the outcome of his penalty.

If he is inclined to the plaintiff, then he will not be able to explain to the defendant.

For Wang Xi'an's uncle, it is even more difficult to explain.

In favor of the defendant, it is necessary to break away from the original contract and have a certain subjective and serious tendency to help the defendant achieve the corresponding goals.

Under this tendency, it is very likely that the plaintiff will grasp a certain handle.

Just like now, he has used the relevant laws and regulations to make a judgment.

However, the plaintiff put forward various priorities.

Now what?

The judgment result can only be made in accordance with the relevant edge rubbing rules.

To be honest, in this case.

He has tried his best to balance the respective demands of the two sides.

But....

It's obvious.

Both sides were slightly dissatisfied with the outcome of the compromise appeal.

Even, in other respects, both sides do not agree with the compromise result, but want to favor each other.

To this ....

Fang Qiqiang rang the gavel and turned his head to look at the plaintiff's seat:

"Plaintiff."

"You think that the court's statement just now is unreasonable, and your statement is based on the national law "Seed Law" to judge this case."

"But this is in the province of the Southern Province..."

"This case is in accordance with the provincial seed management regulations, which is in line with the law."

"Regarding the content of the statement just made by the plaintiff's lawyer, I would like to ask the plaintiff whether there is a violation of the provincial seed management regulations as the law?"

"Is it possible to use the Provincial Seed Management Regulations as the determining law?"

Regarding Fang Qiqiang's inquiries about these two questions, Su Bai frowned.

The two questions asked by Fang Qiqiang, if they are to be answered, must be in accordance with the law and there are no violations.

But this question is asked from the wrong angle!

Why?

What Su Bai just stated was the priority of national law and provincial law.

It does not say that the provincial law cannot be used as the basis for the judgment.

The provincial seed management regulations, as the law elected by the provincial representatives, can certainly be used as a condition and basis for judgment.

But!

Su Bai is talking about priority issues!

And not a question of whether it is a matter of whether it is a matter of whether it is

Yes, of course, it is possible, but it is not reasonable and does not conform to the situation where the law determines the precedence of a certain law.

For example, in a criminal case, if a case involves multiple criminal penalties.

The maximum sentence for one crime is five years, and the maximum sentence for one crime is two years.

If the corresponding law is violated, the maximum sentence of five years will be the maximum limited sentence.

Instead of a two-year sentence as a limited sentence.

Fang Qiqiang's use of the provincial seed management law to make the judgment is similar.

Although it is said that the judgment can be made by the Provincial Seed Management Act.

But!

Very unreasonable!

It's just that.... When Su Bai was ready to further emphasize and state the issue of priority.

Fang Qiqiang interrupted Su Bai's statement:

"The plaintiff's lawyer should not make a statement first, I know that what the plaintiff's lawyer wants to talk about is a matter of priority."

"But I'm not asking about priorities, I'm asking about whether provincial seed management regulations can be used as a basis for judging."

"Please ask the plaintiff to appoint a lawyer to answer my question."

Su Bai: "....."

Isn't answering this question equivalent to agreeing with the presiding judge's statement?

Besides.

From their point of view, or from the point of view of a normal trial, it is true that the punishment is judged from the point of priority.

The presiding judge's purpose in asking this question is mainly to get him to agree with this view and impose a sentence at the trial.

Su Bai didn't want to answer this question, but the presiding judge didn't give him a chance.

Continued: "Please answer this question for the plaintiff. ”

Faced with the presiding judge's repeated inquiries, Su Bai had no way not to respond.

The presiding judge has the right to adjudicate at trial.

Moreover, in this trial, the presiding judge did a series of things without any violations.

Su Bai wanted to refute, but there was no basis for refutation, so he spoke again to the presiding judge.

Su Bai raised his head: "You can use the provincial seed management regulations." ”

Fang Qiqiang seized the opportunity of Su Bai's answer and continued to speak:

"Since the use of the Provincial Seed Management Regulations can adjudicate this case... And there is no violation of the provisions of the law and the meaning of the law. ”

"Then there are basically no other major objections to this case."

"The applicable law .... Applicable to this case, applicable to the situation in this province. ”

"Then there is no big penalty problem in this case."

"Through this .... The collegial panel rejected the plaintiff's arguments. ”

Without giving Su Bai a chance to speak, the magic hammer rang again:

"Rejection of the plaintiff's submissions."

"Does the defense have anything else to say about this case?"

The question goes to the defense.

Yu Hao, as the lawyer entrusted by the defense, directly answered that he did not have much objection to this judgment.

Because this judgment is very favorable to them.

The case ....

He also knew that the application for entrustment of litigation filed by Wannong Agricultural Co., Ltd. was not legally valid at all.

In the past.

Yu Hao actually discussed with the company's leaders and Wang Xi'an about the corresponding compensation for this case.

Wang Xi'an's idea is to lose as little as possible, or even not at all.

But under the influence of his uncle, he did not dare to make the idea of not paying.

And Yu Hao made a detailed explanation through the legal provisions and legal terms.

Ultimately.

The bottom line given by Wannong Agricultural Co., Ltd. is that the compensation is 120 yuan per mu of land.

Now the presiding judge has ruled that only 80 yuan is needed for each mu of land, which is equivalent to a one-third reduction in the amount of compensation.

What other objections can there be?

It's a great event!

There must be no objections!

Moreover, and more importantly, even if he has objections, even if he wants to reduce the company's compensation.

But there is no legal basis to support him in doing so.

Therefore, according to the current situation, compensation of 80 yuan per mu of land is undoubtedly the best solution.

In the absence of any objection from the defense, the presiding judge directly asked the parties to make court statements.

The defendant's court statement is, of course, the hope that the court will make a judgment based on the facts and the corresponding circumstances.

It would be good to maintain the current verdict.

But.... As the plaintiff, Su Bai, although he said that he had won the lawsuit, although he had won the lawsuit.

But in the face of the result of 80 yuan per mu, this is completely unacceptable to him.

Or rather.... I can't accept it.

Therefore, in terms of court statements, Su Bai still made statements on the issue of priority.

"Presiding Judge, we would like to state a point of view during the courtroom presentation stage."

"That is, in this case, although it can be punished in accordance with the provincial seed management regulations."

"However, from the perspective of judgment, it should take precedence over national law."

"Because this is a more reasonable way of adjudicating and sentencing."

"I hope that the presiding judge will consider the verdict in this case from multiple angles."

"Don't deliberately lean towards the defendant..."

"The defendant's compensation to us is the compensation that should be given in accordance with the law."

“.….”

After Su Bai finished his court statement, Fang Qiqiang, as the presiding judge, did not say much.

Instead, the gavel was sounded to announce the closure of the trial, and the verdict would be issued to all parties within seven working days.

Regarding the final result of this trial, to be honest, Su Bai was a little unacceptable.

Because judging by the circumstances of the whole trial.

The presiding judge was clearly inclined to the defense and deliberately used the provincial seed management regulations, a law, in favor of the defense in sentencing.

The amount of compensation that should have been paid has been reduced at least several times.

There is a clear miscarriage of justice.

After the presiding judge announced the closure of the courtroom, Lin Jiayuan looked at Su Bai and slowly spoke:

"Lawyer Su...."

"What will be the verdict of all this?"

Regarding this question, to be honest, Su Bai didn't know it in his heart.

Or rather.... I can't give a clear answer, because the current situation is that the verdict has not been pronounced on the spot.

So....

He could only speak: "I need to wait for the verdict to come down to know the final situation." ”

"Based on the current situation, winning the case is definitely winning."

"But.... It is uncertain how much compensation will be awarded per mu of land. ”

"There is a certain probability and there may be inconsistencies between the outcome of the defense and the verdict of the trial."

"We can only wait for the verdict to know the final amount of compensation."

Lin Jiayuan nodded: "Okay Lawyer Su, I understand." ”

Wait until you leave the courthouse and return to the White Monarch Law Firm.

Su Bai has certain expectations for the verdict of this case.

The result of the first instance must be to award compensation to Wannong Agricultural Co., Ltd. to compensate the farmers.

But the amount of compensation.... There is a high probability that it will not exceed 100 yuan per mu.

If this is really the case, then there is a high probability that this case will have to be tried for a second time.

And the other side.

At the time when the first instance of the case was closed, but the verdict had not yet been released.

Wang Xi'an contacted Fang Qiqiang and asked, and the final verdict was:

"Dean Fang, I heard that this case has been closed."

"At the top of the trial, the dean of the court proposed the compensation amount of 80 yuan per mu, thank you Dean Fang for considering it for our Wannong Agricultural Co., Ltd."

"This time, I called to thank Dean Fang."

In the face of Wang Xi'an's thanks, Fang Qiqiang also responded politely:

"Mr. Wang....I'm not thinking about Wannong Agriculture Co., Ltd., I'm proposing the way and plan of the judgment in accordance with the law."

"Good, good.... But in any case, this judgment is a great thing for us Wannong Agriculture Co., Ltd. ”

"No matter how I say it, I have to thank Dean Fang."

"Oh yes, Dean Fang.... The trial of this case has ended, but the verdict has not yet been released, and the final verdict is not to compensate 80 yuan per mu? ”

Wang Xi'an heard Yu Hao say that Fang Qiqiang proposed to compensate 80 yuan per mu at the trial, but he was still a little uncertain, after all, the verdict has not yet come down.

So I wanted to ask Fang Qiqiang in person.

But....

Fang Qiqiang is still thinking about whether Su Bai's side will have any objections to the verdict of this case.

So....I am still hesitating how much yuan per mu should be awarded in the final judgment.

Facing Wang Xi'an's inquiry, Fang Qiqiang smiled and said: "This needs to be discussed by the collegial panel." ”

"No final answer has been given yet...."

"Whether it's 80 yuan a mu or not, I don't know too well, Mr. Wang can wait a few days, and when the penalty results come out, Mr. Wang should know."

Regarding Fang Qiqiang's ambiguous answer, Wang Xi'an was slightly displeased.

The compensation for one mu of land is 80 yuan, and the difference between the compensation of 100 yuan for one mu of land is 20 yuan.

Then, according to the amount of compensation, there may be a difference of nearly 10 million.

So.... When Fang Qiqiang said this, Wang Xi'an deliberately mentioned:

"Dean Fang.... I said a lot of good things for my uncle. ”

"Dean Fang, you must not forget my hard work when you make a judgment."

Hearing Wang Xi'an mention his uncle, Fang Qiqiang frowned, and then said with a smile:

"Then I want to thank Mr. Wang for mentioning me, Mr. Wang rest assured, I will not forget."

Hang up....

Fang Qiqiang's expression was not very good, he sighed and discussed with the other two members of the collegial panel.

However, the result was that there was no problem with the imposition of penalties in accordance with the provincial seed management regulations.

That's exactly how it can be decided.

The inclination of the other two is also inclined to Wannong Agricultural Co., Ltd.

After getting this result, Fang Qiqiang knew in his heart that this kind of punishment was indeed the final result.

But.... There is still some faint uneasiness in my heart.

So he contacted Su Bai and said what was in his heart: "This time I am inclined to Wannong Agriculture Co., Ltd." ”

"It's also a last resort.... I also have no way, so I tend to Wannong Agriculture Co., Ltd. ”

"As a well-known lawyer, you should be able to understand my situation and perspective."

"Lawyer Su.... You are a good lawyer, but this case is not easy to adjudicate, can you understand Lawyer Zhu? ”

For Fang Qiqiang suddenly found himself to confide in these things.

Su Bai was still a little surprised, in so many cases in the past, there were times when he did have a certain connection with the judge and the presiding judge.

But the contact is something about the trial, about the law, about the lawsuit.

Other than that, there is hardly much intersection, and too deep communication.

There are very few.... The presiding judge confided in him that the case was not easy to adjudicate, or that there was some dispute behind the case.

Regarding Fang Qiqiang's statement, Su Bai also understood that Fang Qiqiang's situation was indeed very difficult.

But as a lawyer, isn't he embarrassed by the consequences of this approach?

In this regard, Su Bai also responded:

"Presiding Judge Fang, I know what you mean, but as a lawyer, I also need to be responsible for my client."

Faced with Su Bai's statement, Fang Qiqiang sighed, hung up the phone, and didn't say anything.

What should he do with this case? How should it be decided?

Judging from the current situation, no matter which angle he stands on or which side he stands on, it is difficult to judge!

.

….

PS: Ask for a monthly pass~

(End of chapter)