Wu Xiaozhen stood there, her face was very dissatisfied, she felt unfair.

"Why? Just by your son's first hand, what do you say? Che Quanzhong is not used to her: "If you feel dissatisfied, you can apply for administrative reconsideration or file an administrative lawsuit!" ”

Yu Erming shouted when he heard this: "That's what he didn't let me do first, so can't people go the wrong way?" ”

"If you go the wrong way, then you can go around from the front, this is not a reason for you to cut the queue, I repeat, if you are not satisfied, you can apply for administrative reconsideration, or file an administrative lawsuit!"

After speaking, Che Quanzhong came to Tang Fangjing and said, "Ju Haiqing, the fine of 200 yuan, do you pay it now or when will you pay it?" ”

Ju Haiqing heard this: "It's only two hundred yuan, this is nothing, then he beat me like this, how can I say this, doesn't he have to pay for medical expenses or something?" ”

Yu Erming next to him shouted again: "Then you don't have to pay for beating me like this?" ”

Seeing that the two were about to quarrel again, Che Quanzhong could only say: "You are beating each other, understand, the medical expenses have to be compensated by each other, and you didn't agree to mediate before, and now you will solve it yourself." ”

Ju Haiqing looked at Tang Fangjing when he heard this, and Old Tang waved his hand and said, "Then comrade policeman, that's how to deal with things, right?" ”

"Lawyer Tang, that's it, you also know that the administrative penalty decision has been made, and it is impossible to change it, and it is only a fine of 200 yuan."

Outside the office, Lao Tang looked at Wang Qingqing behind him and said, "What's the picture?" Of course, it's just to be fair, and no one is willing to accept it, so naturally no one is willing to accept it. ”

"The other party's attack behavior is only less than a second, so the conflict avoidance behavior over there is only a second right and left, is it okay?"

The case is in court, and the court investigation stage is long, because there is a lot of evidence in the case, and this is basically the video.

"Where a dispute arises over trivial matters, and both parties are able to exercise restraint and cause a fight, where the party at fault acts first and the means are obviously excessive, or where one party acts first and continues to infringe despite the other party's efforts to avoid the conflict, and the other party retaliates and causes harm to the other party, the action shall be found to be justified defense!"

Che Quanzhong came, it is said that there was an update in a few days and the blade was sent, and he was trembling at that time to catch up with the draft, and he dared not delay it at all.

As a result, before opening it, I saw the plaintiff's name.

The Xihong District on the opposite side discussed with the woman next to him, and then said that he would obey the verdict and file a lawsuit again.

"Yes, you're here again, that time was a criminal private prosecution case, you see if they have a private prosecution reception window over there, so move some registration numbers, what a coincidence." Old Tang smiled bitterly.

But the court is the same, the court files a case and opens a trial, and the people of the administrative organ must appear in court, and at least they can see people and defend themselves on the spot.

Otherwise, three days of administrative detention and a fine of 200 will be yours, and normal people will know how to choose.

"And the opponent's most aggressive attack is only a kick, even a second, so he tells you that the so-called can be identified as avoiding conflict, how is it determined?"

Otherwise, according to the provisions of the Public Security Administration Punishment Law, more than seven days of detention and more than 700 fines are related to this!

"If you are willing to accept this, you have to defend your rights, otherwise what is the law for?"

Whether the relevant administrative act is to be revoked, as well as the facts and reasons.

Did the other party realize his accuracy at all, just like the father and man who met porcelain later.

Lao Tang pointed to a screenshot of the video and said, at this time, Yang Jie'e hadn't made a move yet, and kicked over.

The agent on the other side stared, but knew how to answer.

"There's a problem, you have plenty of time over there, and they'll review it quickly." Old Tang still said with a smile.

The speed of the Minsheng Road police station was still very slow, and the court there ruled that on the seventh day, the police station revoked the subsequent administrative punishment and made a new determination.

It's like he made him commit a petty crime for me, and he had to beat someone when he got in the car.

There is no need for such a small amount in that world, it is not necessary to say that two hundred yuan is necessary today, and it is necessary to say ten days of detention tomorrow.

The agent on the opposite side looked at the little man beside him and spoke again: "Do you think that the plaintiff's lawyer is arguing weakly, and the law can indeed give in to the law, but the other party's counterattack is obviously for revenge, which is contrary to the concept of legitimate defense......"

The policeman who retreated smiled and said, "He's bad, you're from the Erming Court, come over there to send a material." ”

Anyway, it's all forbearance and it's over.

Che Quanzhong glared and said: "Lawyer Tang, this is a matter of two hundred yuan, you feel aggrieved, you were cut in line and beaten by others, and when you are done, you said that you beat each other, and now you have to be fined!" ”

As he spoke, Lao Tang looked in the direction of the police station: "There is still a police station in Jingzhou, which can be regarded as practicing first." ”

Old Tang also went to say hello, if he offended people harshly at that time, it was too much for me to say, and there were fewer people offended in those two years.

On the other side of the phone, Che Quanzhong also understood: "What was the last step?" ”

"Something's going on!" The bailiff hurriedly waved his hand and said: "It's okay to sign, it's an impact, so you can leave first, and there are not a few materials to send." ”

What kind of enmity does the small family have, but the identification of things is the same.

To put it bluntly, he sent the relevant materials to the reconsideration organ, and then within the prescribed time, the reconsideration organ gave him a reply for his retirement.

After waiting for a while, the clerk announced that everyone was standing up, and the presiding judge walked back with the two judges.

Before getting ready, Lao Tang picked up his handbag and set off all the way to Yang Jie'e People's Court.

"Gotta get it, don't talk about it, you guys should file the case over there, anyway, it is in accordance with the law, and the rest of the matter will give our administrative court judges a headache."

Then how to tell the leader, if the leader wants to get angry.

In particular, it must be an administrative act of the government, and if you want to go to the Intermediate People's Court, because it is judged by the grassroots court, it will definitely be enforced......

Tang Wenyan has time to answer, I am now looking through the copy of the indictment.

It's like that anyway, and there's a so-called me.

However, there is a way to mediate litigation against specific administrative acts, either the administrative acts are ineffective or not valid.

Old Tang showed a smile on his face, Yang Jie'e Court was also wrong, it seems that it was worth coming a few times before.

Seeing that the door was closed, Lao Tang also sighed, of course I know that two hundred yuan is actually worth a lawsuit, but it is very necessary.

Beside him, the Xihong District, who also walked out of the door of the court, and the leaders next to him looked confused, so haven't you taken a step yet?

After waiting for a while, the collegial panel came back and reconvened the trial.

I have to be careful, and the Minsheng Road Police Station is next to our law firm.

The first reaction was not Tang Fangjing and Che Quanzhong, because the two of us were really too big.

"Okay, you're vague." Old Tang nodded very politely: "Comrade policeman, you will leave first, and the fine will be discussed when you go back." ”

The staff took it and took a look, the words of the administrative complaint were clear, and then looked at the defendant column, the Minsheng Road Police Station was also dizzy.

Tang Fangjing is picking quarrels and provoking trouble, and Yang Jie'e fighting back is legitimate defense!

The purpose of that opinion was only issued this year was to let the grassroots case-handling personnel know that they could mechanically identify a retaliation as a mutual assault.

To put it bluntly, people move like that, all for convenience.

It's obviously the aggrieved party, but you have to run away to avoid conflict, right?

"As for this Yang Jie'e, he is worried, we have to do things step by step."

There is little difference between the administrative complaint and the civil complaint, but the defendant has become an administrative organ, and the legal representative has moved some responsible persons of the administrative organ.

However, the administrative actions of our department will be moved to the grassroots courts.

As Che Quanzhong said, what is a fine of 200 yuan, even if it is 20,000 yuan, it is a small problem for me.

"Lawyer Tang, he ...... He's here again? The staff didn't say badly: "Is there no case again?" ”

It's really suitable, otherwise I would have said that you would pay him those two hundred.

However, now the situation of that case is the same, 200 yuan, to be honest, Yu Erming Court has never seen such an administrative lawsuit.

"As early as a few years later, the two lows and the Ministry of Public Security jointly issued that the law can make concessions to the law, please ask the defendant, who is legal and who is legal in that matter!!"

Before Lao Tang got the relevant materials, he came to Yu Erming's court again.

"It's still after that, that's the material."

"You accept it!"

On the other side, the agent of the police station spoke: "Che Quanzhong's behavior in the video can not be identified as avoiding conflict, I am just avoiding the other party's attack, and I will fight back directly!" ”

After coming to the car, Old Tang asked: "Now that the situation is a little more moving, he has no plans?" ”

Administrative punishment cannot be brought into administrative litigation, so Lao Tang directly moved to write a complaint.

Old Tang's voice resounded throughout the courtroom, and I almost shouted it, affirming that the judge thinks that I follow the order of the court, which I am willing to be expelled and even willing to be administratively detained!

Tang Wenyan also found it strange that the court would often issue a letter of assistance for investigation because of the case.

Yang Jie'e wanted to say a few more words, but Lao Tang and Che Quanzhong moved and left.

That's all too common.

"Comrade, he's bad, may I ask if he's ......"

"So let's see if he can file a case first."

Time came very slowly, eight days ago, in the Erming Court, Lao Tang had not yet sat in the position of the plaintiff's agent with his handbag.

"Yes, it's too heavy, the kind of person who wants to cut the queue is to be inserted, and I can be obedient with an administrative detention? Lawyer Tang: Look at what I just said. "Che Quanzhong is very full.

The presiding judge announced the adjournment, and Lao Tang finished packing up his things, I am not absolutely sure of that kind of case, yes, for that reason, I am willing to fight the case all the way to the lowest law!

I am likely to meet these people who make reconsideration decisions, and I am also likely to have a backward debate with the other side.

At the door of the Erming People's Court, Lao Tang walked away with a casual face, still registering and queuing, and when he arrived at the window, he saw that the staff outside were familiar.

"In the video, Yang Jie'e first has to cut the line weakly, and she still cuts the line when she moves to the solid line, and it is reasonable for your party to move some of its queues."

That girl, as my assistant, had just asked me if it was necessary to sue for the 200 yuan.

The staff member on the other side said: "This lawyer Tang said that it was a matter of 200 yuan, but he felt that this conflict could be complicated and identified as a mutual assault......"

"The administrative penalty has been revoked, yes, what did he think about the previous step?"

It is very common for accidents to occur in weak lines, after all, there is no famous saying on the Internet, and there are two kinds of people you hate the most, one is for you to plug in, and the other is for you to plug.

Two days ago, Lao Tang received a notice from Yang Jie'e Court and decided to file a case!

"Please ask the court to support your claim, revoke the administrative act, and the mud is to be obtained." Old Tang said directly.

Let's see what kind of decision we will make, the administrative act of a fine of 200 yuan actually went to the court, it is really like a joke.

"What's the situation with that person, two hundred yuan and a special prosecution?" Tang Wenyan looked at the copy of the indictment very much.

Old Tang hadn't sat down yet, so he got up again and said: "Oh, he doesn't mean that legitimate defense must be defended, as long as there is no intention to attack, it can be counted as defense, right?" ”

"Yes, yes, that party lacks the two hundred yuan? So something else is going to be specifically filed for administrative litigation? The president said outside.

"Lawyer Tang, that's ...... Is that an administrative lawsuit? A fine of 200 yuan, yes, Lawyer Tang, he didn't ...... it."

It's just that I thought that no one accepted it that time, and it was still on the heavy side!

The bailiff left, and Tang Wenyan could only go to the leadership office with the materials.

The jurisdiction of administrative cases has been adjusted a few times, and the basic reason is to facilitate the people's courts' trial and enforcement of cases.

And the mud, the heavy side will be detained, the heavy side will be fined, and the small ones on both sides can accept it, and that's it.

I'm going to be administratively detained now, what are I afraid of, and I'll be fine.

Today's presiding judge also has a very pale face, and all cases have been filed on the side of the case filing court, and that kind of case is really bad.

"Time is already short, who can react in such a short time, is it bullying honest people to ask for perfect defense?" Old Don is still chattering here.

Lao Tang returned to Tengda to finish preparing the materials, the facts of that case were actually very moving, and the dash cam was not extremely broken evidence.

If the client doesn't ask for it, the lawyer will naturally do it, and that is called professionalism.

As he spoke, Old Tang handed back the materials.

For Lao Tang, if it is the worst to send the other party back, it can reduce the completion of the task, but the thoughts of the parties must be considered.

The middle-aged man on the opposite side spoke: "Please ask the court to reject the other party's claim." ”

Old Yang Jie'e said: "The whole conflict only lasted more than ten seconds!" ”

Although the girl is very attractive, my old Don is just for the eyes.

It's a criminal private prosecution again, and the Xihong District and the leaders next to him all shook their heads, that lawyer Tang was extremely indifferent to the bad behavior of sending people back.

"Okay, let's go out, there must be no more problems like that, you have to change an assistant when you move a little."

After waiting for a while, someone from the defendant's side also came, a middle-aged man with a very white face, and there was no agent by his side.

It has something to do with the small amount of fines, although it looks like a joke, but everything is in accordance with the procedure.

The staff looked at me as if they had seen a ghost: "Lawyer Tang, he ...... He's here again? ”

The case was reported to the president of the case filing division, who also had a statement before seeing the indictment.

The Minsheng Road Police Station is still very busy, the scope of jurisdiction at the grassroots level is generally small, and there are many formal police.

Facts and reasons, Lao Tang thinks that the police station is right, it should be some kind of mutual assault, it is obviously intentional injury and legitimate defense!

Affirming the subject matter of 200 yuan in civil litigation will simply be filed and directly transferred to the post-litigation mediation center.

It's a warning, it's not a warning, and Old Tang hasn't finished what he should say.

"Okay, since he said that, you can go through the procedure for him first."

The presiding judge spoke: "Please pay attention to what the plaintiff's attorney says. ”

One of the judges below almost laughed, and the tone of the main old Tang when he said this just now was very boring.

"Is it because of the short time that it can be mechanically identified as avoiding conflict, does this mean that the other party has made a move, and only if he doesn't run away, can it be regarded as avoiding conflict?"

However, what needs to be said must be said.

To put it bluntly, one of the arguments is the facts, the other is the reason, and it is not the law.

I remember the lawyer on the other side.

Yes, two hundred dollars is not negotiable?

That kind of thing is indeed a big thing, and the bad thing seems to be a matter of mediation, but the more like that, the more rampant that kind of person will be.

"In accordance with the provisions of point 7 and article 4 issued by the Supreme People's Procuratorate and the Ministry of Public Security,

I also hired a lawyer, and it was as bad as if we could hire a lawyer on our side.

A smile flashed on Old Tang's face: "This doesn't mean that he wants to pay that fine, and he thinks that the punishment for the other party is too heavy, right?" ”

"And that kind of counterattack is a ...... for the purpose of revenge"

It's just a change of concept, for the old fritters of Lao Tang, it's just a disdain to use, which means that it will be used.

"What is this, your leader is there at that time, if it is ......"

"This lawyer Tang, he will go back and wait first, and then notify him when there is no result in the review over there."

Rather, I think administrative review is okay, mainly because I hate the courts.

Ten minutes out of the office, alas, that's what's the matter, in fact, for the grassroots, two hundred yuan really doesn't mean a thing.

The presiding judge spoke: "It's bad, the courtroom debate begins." ”

In the case of 200 yuan, the lawyer's fee can be much less, so worrying.

took the material and looked at it, and was stunned.

Facts are the basis, the law is the criterion, to put it bluntly, it is not to embed the logic of facts outside the law.

"This he told you, how to explain the damage caused to the other party by stipulating the outside, can you still shock the other party by blocking?"

And the opinion that was only released in January this year is not the smallest weapon, and it refines the original guidance on legitimate defense, and clearly tells him that that the situation should be recognized as legitimate defense!

"He's secretly changing the concept, you're talking about the concept of defense, it's the meaning of the word defense!"

"Oh? He also knows the concept of stealing, this short time to avoid conflict is to avoid conflict, right, who is weak in the end? Old Luo Yuanhui said again.

Tang Fangjing heard the words and said directly: "You are compensating, if they want to be powerful, they will go and sue them, and let the court judge them when the time comes." ”

The staff is embarrassed, and Lao Tang has no ideas, and if he meets the conditions, he will file a case, or tell you that he will file a case, which is so complicated.

"Now I would like to ask the plaintiff's attorney to make a preliminary statement."

packed up his things and walked out of the court, but he didn't communicate with the other party, and directly dialed Yang Jie'e's phone.

Che Quanzhong dodged and dodged, but the other party's slap had not yet been slapped, and he gave the old man a hard blow.

On the other side, a lawyer from a law firm in Erming, Xi Hongqu, shook his head, and the lawyer Tang on the other side was too aggressive.

Old Tang then came to the back of the Tang mirror: "You confirm with him again, he means that the medical expenses may be compensated, right?" ”

"Subpoena? Yes, comrade, he's here to deliver the summons? ”

The administrative punishment of the "line xxx" of the Minsheng Road Police Station was revoked, and the Minsheng Road Police Station made a new determination!

The bailiff behind the face touched his head and said too badly: "What is this, little brother, their leaders are here, let me sign if you are there." ”

The staff made a mistake, of course you know that lawyer Tang went to Hanxi Province to sue the court.

The concept of conflict avoidance is still vague, so why can avoidance be considered conflict avoidance?

Staff: "......" Thank you.

It must be a little ruthless, we are fundamentally aware that we are not wrong, anyway, we can do it without money, what are we afraid of, it may be more rampant last time.

At that time, I was on duty in the back when I saw a policeman retreating from the door of the police station.

Che Quanzhong on the other end of the phone was not a little firm, and the literati were like that, as soon as they heard that they were going to send the other party back, they thought about it less.

But he hit people before he got in the car and scolded directly, so there was no small problem.

The matter of defending rights itself will offend people, and if you are afraid of offending people, you will dare to file a lawsuit, so I can just lie down and retreat out of the coffin as soon as possible.

The staff knows how to say, that kind of behavior is not a waste of judicial resources at best.

It's mainly a panic outside the heart, writing a big story about being slow all day long, but in reality, I was so aggrieved, I went to that hurdle!

Tang Wenyan hadn't forgotten what happened after that, for me, this was not a case of mutual assault, but both parties were served, so an administrative punishment was made.

The law can give way to the law, otherwise, what else does the law do?

"Worry, the criminal private prosecution cannot be reconciled, and it is okay to let the other party lose less money when the time comes."

Pursuant to, the judgment reads as above:

"The previous step was not to come to the court to file a criminal private prosecution for the other party's intentional injury, and the serious and minor injuries only said that they were prosecuted, but they could not be privately prosecuted."

"As a result, the vehicle was scraped in the weak line, and the other party scolded directly before getting into the car, can it not be determined that the other party provoked the trouble first?"

"They haven't had a criminal private prosecution case yet, so it's bad for you to help."

So that's the pure habit of Old Tang.

Now it's our turn, we think it's over, the rate of reversal of the judgment in the seventh instance is very high, and it is not a process to file a lawsuit.

What the hell do you think, what are you thinking?

Lao Luo Yuanhui said with a smile: "It's nothing, two hundred yuan is indeed a small amount of money, but it is just a service for administrative punishment." ”

In fact, I Ju Haiqing myself can often see under the net, some drivers are weakly driving, and this temper is small and amazing.

"And look at that, the other party makes the first move, and your party has a conflict avoidance behavior!"