Chapter 100: The First Administrative Litigation Case

In the legal sense.

The definition of picking quarrels and provoking trouble is very vague.

Basically, to be convicted under this charge, there are only three points.

First, extremely bad impact was caused, second, one’s own lawyer is a rookie, third: there is a problem with procedure.

For there to be a problem in procedure in this event is very difficult.

Did they not see that in the last case of Guo Xiaojun, even the judge who made the first instance judgment was transferred away from the post…

So generally procedural problems will not occur.

Of course, in court litigation.

The main key to the judgment includes the subjective intention of the adjudicatory personnel.

According to Zhang Laichun’s statement, this case being adjudged like this was outrageous!

Simply outrageously absurd!

The person who was sentenced was Zhang Laichun’s elder brother Zhang Laidong.

Because of illegal construction, he was sentenced to six months of fixed term imprisonment.

Su Bai drew in a breath, then asked: “When you were in the first instance, did you hire a lawyer…?”

Zhang Laichun scratched his head.

“This. when we were in the first instance, we did hire a lawyer, but we just casually hired one lawyer, and it felt like his professional level was not very good.”

“We thought what we were doing was a good deed and there was not much of a problem, but who could have thought, he really got sentenced.”

If the professional level was not very good, then this question counted as having found the answer.

If the public prosecutor was like Lu Wei, when facing a case that had already been filed, he would wish to send the other party all inside, and when encountering this kind, he would definitely think of ways to send you inside.

And moreover.

Picking quarrels and provoking trouble.

For this charge, so long as there is even a little edge to rely on, the public prosecutor can completely influence the inclination of the adjudicatory personnel’s intention.

Hiss.

For this kind of case with a vague offense, it indeed is difficult to fight for other lawyers!

After all, the definition of this kind of offense, the most crucial thing is the intention of the adjudicatory personnel.

However.

As for this case, the very filing of the case was outrageous.

After all, what Zhang Laidong did in repairing the bridge was obviously a good deed.

If certain key evidence or some other reason had not been grasped, how could a case possibly have been filed?

Su Bai asked several more key questions, only then did he understand the entire course of events.

It turned out that there was a bridge construction company that took a fancy to the fact that this place had no public bridge.

It wanted to apply for the public bridge project in this place.

But one place cannot have two bridges, so this company discussed with Zhang Laidong whether this private bridge could be demolished.

Zhang Laidong’s meaning was that the other party had not yet built the bridge for the time being, and people all had to use this private bridge, so he did not agree.

Without another word, the bridge construction company, on the grounds that Zhang Laidong had illegally built a bridge and privately charged fees, reported him to the relevant law enforcement department.

Causing Zhang Laidong to be prosecuted.

Moreover, it also reported him to the relevant departments.

Making Zhang Laidong face an administrative fine of three hundred thousand yuan.

According to Zhang Laichun’s description, Su Bai generally understood the relevant issues, and also understood the relevant demands.

The demands were very simple.

First: make a not guilty defense.

Second: apply to revoke the administrative fine.

Facing the litigation requests stated by Zhang Laichun, Su Bai slightly nodded.

However, regarding the specific circumstances, Zhang Laichun’s description was still not detailed, and the relevant information still needed to be understood through the case file.

Without the case file.

It was hard to say anything about any situation.

Moreover, he still needed to further understand matters in accordance with the client’s own thoughts.

After thinking it over, Su Bai said: “According to your statement, I have already understood the general course of events.”

“If you intend to have our law firm fight the lawsuit, you can first sign the power of attorney.”

“Only with the power of attorney can our law firm conduct the next step of investigation.”

“Alright Lawyer Su.”

Zhang Laichun nodded, then slightly frowned and asked:

“Lawyer Su, in this case, can my elder brother win the lawsuit?

So long as he does not go to prison.

And that administrative penalty of three hundred thousand yuan, for us it is indeed far too much.

Can it be reduced a little?”

Su Bai pondered for several seconds and said: “Regarding this, we can only say that we will do our best, we cannot guarantee it.”

Zhang Laichun silently nodded: “Alright Lawyer Su, I understand.”

Very soon, the relevant power of attorney had already been signed.

Before leaving Haifang Law Firm, Xiao Haibo even forcibly stuffed in 1,000 grams (≈2.2 lb) of tea leaves:

“Lawyer Su, thank you this time for helping me, the issues involved in this case are many, and the lawyer’s fee is also not very high.”

“But this was introduced by one of my old clients, so it was not good to refuse.”

“Lawyer Su, this time it counts as you having done me a great favor, in the future if your law firm encounters any issues in civil litigation, I will certainly help!”

Facing Xiao Haibo’s words, the corners of Su Bai’s mouth slightly curved into a smile.

“Lawyer Xiao is too polite.”

For this case, even if there were no lawyer’s fees, exchanging it for a favor from Xiao Haibo would still be fine.

A favor from a senior partner of the top civil litigation law firm in Nandu, no matter how one looked at it, this was not a loss, alright!

On the road back to Baijun law Firm.

Li Xuezhen’s small face was straight, and after recalling the course of this case, her tone was serious:

“Lawyer Su, I cannot understand it.”

“Why would someone be like this!”

“Was repairing the bridge not a good deed?”

“There were actually still people reporting it, this is really too infuriating, right…”

“Too excessive!”

“I think the person who reported it should be sent inside!”

Li Xuezhen’s small face was angry and puffed up.

Su Bai smiled at the side and said:

“In this case, there indeed exist certain problems, according to what Zhang Laichun said, this matter was reported and evidence was provided by the person in charge of that bridge construction company.”

“For a case to be filed.”

“That indicates the evidence indeed has a certain legal basis.”

“It is quite immoral, but such a judgment should have been made according to the relevant legal provisions, let us wait until we get the case file and then look at it!”

“Oh…”

“Alright Lawyer Su.”

“Lawyer Su, what I just said was all said in anger, I did not have the idea of sending someone inside, Lawyer Su, do not misunderstand.”

Su Bai: ???

What you just said was all sincere, alright!

Just say it, whom have you ever seen that you did not want to send inside.

The opposing lawyer, the sued party, the defendant, and even those sitting on the presiding judge’s bench, counting each one, which one do you not want to…?

And now you are explaining these things to me.

Could anyone believe it?

These words, Su Bai only roughly ran through in his heart, and did not specifically say them out loud.

It was enough just to know Li Xuezhen’s little thoughts, and these could be slowly corrected through subtle influence.

But!

If he said them aloud and aggravated this way of thinking, then it would be troublesome in the future.

“Mm, I know.”

“Let us first go retrieve the first instance case file.”

Seeing that Su Bai did not pay too much attention, Li Xuezhen quietly let out a breath.

Hei.

Just now, by accident, she had failed to control her thoughts, fortunately no problem arose.

Seeing that Su Bai had already stepped far away, Li Xuezhen hurriedly trotted after him with da da duang sounds.

Zhang Laidong’s case was not in Nandu, but in a county beside Nandu’s neighboring city.

Named Nanchuan County.

Nanchuan County falls under the jurisdiction of Linnan City.

This case, in the first instance, was also tried by the Nanchuan County Court.

Arriving at the Nanchuan County Court.

Su Bai submitted the relevant materials and applied to copy the case file.

After receiving Su Bai’s relevant materials, the relevant staff member carefully checked them once, then said:

“As for the relevant case file, it will probably require about two hours to finish copying.”

“Please wait patiently.”

“Alright, thank you.”

Su Bai smiled and expressed his thanks.

After he and Li Xuezhen sat in the hall and waited for nearly two hours.

The female staff member smilingly handed the copied case file to Su Bai.

“Hello, this is the case file you wanted.”

“Thank you.”

“You are welcome, this is the work we should do.”

After Su Bai received the case file, he handed it to Li Xuezhen.

After Li Xuezhen put the case file into the briefcase, she patted the briefcase:

“Lawyer Su, the case file has already been obtained, how do we proceed with the next step?”

“Mm, let us first return to the law firm.”

Su Bai slightly nodded and said.

The case file had already been obtained, then the remaining problem was to inspect the case file, see whether there were any problems, and then go meet the client.

Linnan City is not far from Nandu, and very quickly, Su Bai and Li Xuezhen took a taxi and returned to the law firm.

Moreover, they sorted out the case file.

One hour later, Su Bai rubbed his brow and generally sorted out the content of the case file.

Moreover, he straightened out the relationship between the evidence and the judgment, and after letting out a long breath, he had a general determination in his heart.

This case.

Indeed still had a certain degree of difficulty.

The difficulty lay in the judge’s inclination.

First speaking of the first instance judgment result.

The reason the first instance determined Zhang Laidong’s picking quarrels and provoking trouble mainly lay in one point, according to the third point in the definition of the offense of picking quarrels and provoking trouble.

Forcibly taking, demanding, or arbitrarily damaging or occupying public or private property, where the circumstances are serious.

Basis for the determination.

Repairing the bridge occupied public or private property, and charging fees was carried out for one’s own profit.

The amount of profit reached thirty thousand yuan, and thus six months of fixed term imprisonment was determined.

It must be said.

This offense of picking quarrels and provoking trouble is truly formidable.

According to this kind of definition, indeed there is no problem.

But when they use this charge to sentence you without reason, you still cannot pick out any problem at all.

You say you are not guilty?

Fine!

I directly take out the legal provisions, point at them, read them to you, and then explain them to you.

And you still say you are not guilty?

No, why is your mouth so stubborn?

I have already read the legal provisions to you, and you still say you are not guilty?

Talking back?!

I sentence you!

Not only sentence you, but sentence you with not a single flaw, leaving you with no way at all.

Because the judgment is completely according to the legal provisions, you cannot pick out any flaw.

Hiss.

Now let us look again at the determination of the administrative penalty, building a bridge privately without approval, improper gain, penalty of three hundred thousand yuan.

The strength of this fine is also very great, Zhang Laidong simply cannot bear it.

Tsk tsk.

It must be said, that bridge construction company, in order to take the project, was quite knowledgeable about the law, without another word it made a report, and not only made a report, but reported successfully as well!

Motherfucker.

After Su Bai finished understanding these, he then generally went through the evidentiary materials submitted in the case file once more.

After simply organizing them, he let out a long breath.

“Let us first meet the client!”

By the time it was the next day.

Su Bai brought Li Xuezhen to the Nanchuan County Detention Center.

After submitting the relevant materials.

For a person like Zhang Laidong who had only been sentenced to six months, after the detention center completed reviewing the materials and inquiring about the relevant matters.

The relevant staff member then brought Su Bai and Li Xuezhen into the summons room.

How should it be said.

Without needing interpersonal relations, the work efficiency of Nanchuan County was still quite high!

Inside the summons room.

After the relevant staff member explained some related matters and regulations, he said:

“It will probably still take about ten minutes to summon the suspect.”

“Alright thank you.”

Su Bai politely expressed his thanks and together with Li Xuezhen quietly waited in the summons room.

Li Xuezhen’s small face was straight.

She still rather admired Zhang Laidong who repaired the bridge and did a good deed.

Very soon.

Zhang Laidong arrived at the summons room, although his age was not very great, he appeared somewhat old, and the skin on his face compared with Zhang Laichun was darker.

At one glance it was clear that this was caused by long term labor.

After Zhang Laidong saw Su Bai, his eyes slightly brightened, then he sat on the stool, facing Su Bai he appeared somewhat restrained, and only after several seconds of easing himself did he speak:

“Hello lawyer, I am Zhang Laidong.”

Su Bai smiled and nodded: “Hello, I am your entrusted lawyer, Su Bai from Nandu Baijun law Firm.”

“You can just call me Lawyer Su.”

“Alright Lawyer Su.”

After hearing Su Bai’s words, Zhang Laidong’s restrained emotions eased considerably, and his eyes also carried a trace of brightness.

“Lawyer Su, actually being sentenced to six months does not matter. regardless of whether I made a mistake or not, sentencing me does not matter.”

“It is only.”

“My child is attending university, after I was sentenced, this has an impact on my child attending university.”

“I still hope that because of my matter, it will not affect my child attending university and also that money, it is too much, I cannot pay it. can it be reduced a little?”

“Lawyer Su, I only have this request…”

While Zhang Laidong spoke, his dark face completely wrinkled together.

“Hoo”

Su Bai looked at Zhang Laidong.

Toward a person like Zhang Laidong, he could not help but feel a trace of admiration in his heart.

After remaining silent for several seconds.

After arranging his emotions, Su Bai then slowly said: “Mm! Regarding your demands, I have already understood them.”

“For this case, our law firm will do our best to help you file an appeal.”

“As for the others you do not need to think too much about them… just leave them to our law firm.”

“Now the key point lies in the second instance.”

“For this evidence, do you have anything to say? or is there anything you want to rebut, is there anything where opinions are inconsistent?”

Su Bai took out the relevant evidentiary materials from the briefcase and placed them on the table.

After Zhang Laidong received the materials with both hands, he narrowed his eyes and carefully looked little by little at the materials that Su Bai handed to him.

When the materials became disordered, he used his wrinkled hands to smooth the materials flat.

Half an hour later.

Zhang Laidong used his rough hands to rub his eyes and pointed at some problems on the materials and slowly said:

“Lawyer Su, regarding these points I think there are problems with the statements.”

Su Bai nodded.

Indicating for Li Xuezhen to record them.

Li Xuezhen with a straight expression recorded the problems pointed out by Zhang Laidong.

After completion.

Su Bai looked at the recorded materials, generally went through them once, after organizing them he put them into the briefcase.

Immediately afterward he again instructed Zhang Laidong regarding some related matters.

Zhang Laidong seriously nodded: “Alright Lawyer Su, I will listen to you in everything.”

After handling all of this.

Su Bai brought Li Xuezhen and walked out of the detention center.

After walking out of the detention center, Li Xuezhen’s small face was dejected and she slowly said:

“Lawyer Su, I think that Zhang Laidong really is a good person, he should not have been sentenced.”

“Lawyer Su, we will definitely win this litigation right.?”

The corners of Su Bai’s mouth slightly rose: “Do you think I will lose the lawsuit?”

Li Xuezhen’s eyes curved into crescent shapes: “Lawyer Su, you will not!”

Su Bai: This is the first litigation case related to administration, it definitely cannot be lost!