Chapter 102: Administrative Illegality? You Truly Dare to Say It!

Linnan City Intermediate People’s Court.

Inside the waiting room before the court session.

Li Xuezhen’s small face was serious, and she let out a long breath.

She reorganized the materials once again, and only after confirming that there were no errors did her small face relax.

After noticing Li Xuezhen’s small expression, Su Bai smiled and did not say much.

Immediately afterward, under the guidance of the staff, the two arrived at the courtroom.

This time.

It was one against two.

First, to fight for a defense of innocence.

Second, to fight the administrative litigation and revoke the administrative penalty.

The difficulty of the case.

Lay mainly in the first point, the defense of innocence.

However, the second point was likewise also a difficult place.

Compared with the previous case, although this case had one less party.

Its overall difficulty was indeed not small.

One against two was not easy either.

Very quickly, the lawyers of all parties entered the courtroom.

After the attorneys and parties of all three sides had entered.

The court clerk began to read out the court discipline.

“One.”

“Two.”

“Three.”

“Four.”

“The court discipline has been read out, please the presiding judge and the adjudicators enter the court.”

As the clerk’s voice fell.

Everyone at the trial scene stood up.

The presiding judge and the two adjudicators walked to the bench.

Su Bai slightly raised his head and looked toward the seats on the bench, adjudicator Wang Zhihua, presiding judge Bai An, adjudicator Xiao Jun.

Presiding Judge Bai An stood at the bench and struck the gavel, “Please be seated.”

Bang bang bang.

Along with the sound of the gavel falling.

Everyone sat down in their respective seats.

After looking around once, Presiding Judge Bai An struck the gavel and said, “Court is now in session!”

Everyone became solemn.

Bang bang bang!

Presiding Judge Bai An struck the gavel again, “Identity verification of the litigants, respondents, and parties will now begin.”

“Now please the appellant side state the identities of the persons appearing in court.”

“Alright, Presiding Judge.”

Su Bai slightly nodded.

The most crucial point of this case lay in the issue of the determination of provoking trouble and stirring up disturbances.

On this point.

The opinion of the presiding judge was the most crucial.

Su Bai had made a certain degree of inquiry into Bai An, and regarding this case there was basically no great inclination.

At present, what he needed to do was to use legal interpretation to make the inclination of the presiding judge lean toward their side for the purpose of determination.

After thinking this through, Su Bai took a deep breath and continued speaking, “The identities of the persons appearing in court for the appellant side.”

At the same time.

On the other side, Luo Daxiang was also conducting live broadcast content on his own legal commentary account.

“We have already understood the relevant content of this case.”

“If you have just arrived, you may go and look at the video I posted.”

“As for today, I will mainly provide everyone with some popular legal explanation of the crime of provoking trouble and stirring up disturbances, and the definitional content of this crime.”

“This crime.”

“Is under Article 293 of the Criminal Law, and because of the third item involving forcible taking, the party in this case was determined in the first instance to have committed the crime of provoking trouble and stirring up disturbances.”

“As for the first instance judgment, I have already posted it in the previous video, and everyone may discuss it freely.”

Comment section:

I have read it, and it feels extremely unreasonable, I hope that an accurate explanation can be given, otherwise this judgment is simply like a joke!
Yes! This matter absolutely must be given an accurate explanation, otherwise it is far too unreasonable! Damn it, this judgment is infuriating!
However.
Wait!
You old followers, does the lawyer in this court session look familiar to you?

Damn, is this not Lawyer Su! Familiar, of course familiar! We have already seen him several times in Teacher Luo’s live broadcast room!

Hahaha, right? I think so too!

After seeing the content in the comment section, Luo Daxiang smiled and said, “This time, the content of the live court session is also a case entrusted to Lawyer Su, and at the same time, this case is also highly representative.”

“Everyone may continue watching.”

In the courtroom.

The relevant identity information had already been verified.

Prosecution lawyer Mo Xiao.

Water Management Station lawyer Meng Haiyang.

Both of these were relatively well known lawyers in Linnan City.

They had a certain capacity to make determinations regarding this case.

Even more crucially, in the first instance of this case, the prosecution lawyer had been Mo Xiao.

It could be said that Mo Xiao had an even clearer understanding of this case and of Zhang Laidong being convicted of provoking trouble and stirring up disturbances, and could also confirm that it was basically impossible for the other side to obtain a changed judgment.

Mo Xiao maintained composure and silence at the trial, quietly flipping through the materials.

Bang bang bang!

On the bench, Presiding Judge Bai An struck the gavel and turned his gaze toward the seats of the litigating parties.

“The identity information of all parties has already been verified.”

“This court has jurisdiction over the case of Zhang Laidong, and this case shall be heard by the Linnan City Intermediate People’s Court. Do any parties have objections, and does any party apply for recusal?”

Su Bai: “No objection, and no application for recusal.”

Mo Xiao: “No objection, and no application for recusal.”

Meng Haiyang organized his materials, “No objection, and no application for recusal.”

Bai An slightly nodded, and after hearing the responses of all parties, lowered his head and glanced at the materials.

He had already understood the evidence submitted by all sides in this case.

Both the evidence submitted by the prosecution and that submitted by the litigating side had clear legal grounds.

Whether Zhang Laidong should be found guilty still required argument and defense by both sides in court.

As for the administrative accusation raised by the litigating side.

That would be considered later.

After Bai An clarified this line of thought, he struck the gavel again.

“As all parties have no objection to this court hearing this case, the cause of action is now determined.”

“The cause of action in this case is as follows: the litigating side appeals and applies for the first instance judgment to be overturned, presents a defense of innocence for Zhang Laidong, and at the same time brings an objection against the administrative penalty imposed on Zhang Laidong by the Water Management Station. Is the cause of action true and accurate?”

Su Bai raised his head and looked toward the presiding judge’s seat, “Presiding Judge, the cause of action is true and accurate.”

As his voice fell.

Bang bang bang!

From the presiding judge’s seat on the bench, Bai An struck the gavel, “The cause of action is confirmed to be true and accurate.”

“Next, please the litigating side state the litigation claims, litigation evidence or facts, and legal basis.”

“Alright, Presiding Judge!”

Su Bai took a deep breath, the crucial point of this litigation had now arrived.

Taking out the already drafted litigation claims from the litigation materials, Su Bai slowly began to state them:

“Presiding Judge, our litigation applications are as follows.”

“First, according to Article 293 of our Criminal Law, the crime of provoking trouble and stirring up disturbances.”

“Only where one of the following acts is committed and social order is disrupted will it be recognized as provoking trouble and stirring up disturbances.”

“Item one: arbitrarily beating another person, where the circumstances are vile.”

“Item two: chasing, intercepting, insulting, or threatening another person, where the circumstances are vile.”

“Item three: forcibly taking or demanding, or arbitrarily damaging or occupying public or private property, where the circumstances are serious.”

“Item four: creating a disturbance in a public place and causing serious disorder in the order of the public place.”

“According to the first instance determination regarding our client, the applicable item was item three, forcibly taking another person’s property, and doing so repeatedly, and regarding this we raise a challenge.”

“That is, we apply for the first instance judgment to be overturned and for a revised judgment of not guilty.”

“Second, regarding the administrative penalty imposed on our side by the Water Management Station, we believe that the punishment of the Water Management Station constitutes administrative illegality, that is, we apply for the revocation of the administrative penalty and for a public apology to be made to our client.”

“Presiding Judge, our statement of litigation applications is concluded.”

This time, there were only two litigation applications.

The first was comparatively normal, after all it was a defense of innocence.

But what was going on with the second.

The punishment of the Water Management Station constituted administrative illegality?

How remarkable.

You truly dared to say it.

After hearing Su Bai’s statement, Meng Haiyang slightly furrowed his brows and said nothing, merely looking at Su Bai.

He was only thinking in his heart about which point of administrative illegality Su Bai was referring to.

On the bench.

Bai An slightly furrowed his brows, and then looked toward the seat of the respondent side.

“Now please the prosecution of the respondent side make its statement.”

Mo Xiao slightly organized the litigation materials and then spoke:

“With regard to the litigating side’s proposal that Zhang Laidong is not guilty and its application to overturn the first instance judgment, our side raises an objection.”

“Our side believes that in this case Zhang Laidong illegally built the bridge and is suspected of repeatedly forcibly taking the property of others. According to the evidence provided by the prosecution and the legal definition of provoking trouble and stirring up disturbances, it is confirmed that Zhang Laidong has already constituted provoking trouble and stirring up disturbances under serious circumstances.”

“Our side believes that before the litigating side has strong and forceful evidence to prove otherwise, it is best not to make rash conclusions. The law is rigorous and does not permit desecration!”

“Our side’s statement is concluded.”

After Mo Xiao finished stating his position.

The corner of Su Bai’s mouth slightly lifted, best not to make rash conclusions? The law is rigorous?

Why is your mouth so stiff.
I stated my litigation claims, and you say I am making rash conclusions, and then say that the law is rigorous?
Fine, fine, fine.
Whether the law is rigorous or not, in a moment you will know.

Su Bai’s gaze fell upon Mo Xiao.

Likewise, Mo Xiao’s gaze collided with Su Bai’s gaze.

Neither of the two retreated.

The corner of Su Bai’s mouth slightly lifted, and he said nothing.

After both Su Bai and Mo Xiao had finished their statements.

Presiding Judge Bai An summarized the evidence submitted by the litigating side, namely Su Bai’s side, and the evidence submitted by the prosecution.

Immediately afterward.

He placed his gaze on Su Bai.

“Litigating side, regarding the evidence submitted by the prosecution and your side, I have several questions that I wish to ask.”

“First, how do you prove that Zhang Laichun was not forcibly taking or demanding.”

“Second, what is the basis for the facts as determined by your side?”

“Third, does your side have any objection to the matter of Zhang Laidong’s illegal construction and unauthorized fee collection?”

Bai An asked three questions in succession, and Su Bai knew that all three of these questions were extremely crucial.

Since the presiding judge had singled out these three questions, that meant that in the mind of the presiding judge these three questions were the key to his inclination.

Su Bai briefly organized the materials, then slightly raised his head and said:

“Presiding Judge, our side has no objection to Zhang Laidong’s illegal construction and unauthorized fee collection.”

On this question the evidence was conclusive, so there could be no objection.

However.

The other two questions were the true key points in the presiding judge’s inquiry.

Only.

The boundaries of the key points of these two questions were both very vague.

Su Bai took a deep breath and then said:

“Presiding Judge, in the evidence submitted by our side, Zhang Laidong did not compulsorily collect fees, but instead in the great majority of cases adopted a voluntary method of charging.”

“There was no repeated forcible taking or demanding as mentioned in the prosecution’s accusation.”

“Moreover, the prosecution accuses our side of intercepting and charging fees and of harming the interests of the public, but this matter has no factual basis whatsoever.”

“Because our side contributed its own labor and its own funds, the interception and charging of fees was for the purpose of compensating for our losses. Our side did profit from this, but in the subjective aspect there is no factual basis for intentional crime, and in the objective aspect there was also no disruption of social order.”

“According to the definition of crime in criminal law, a crime is one that infringes upon the lawful rights and interests of others.”

“But in charging fees, did our side infringe upon the lawful rights and interests of others?”

“It did not!”

“From another perspective, our side facilitated the interests of others.”

“It was a good deed, and there was no circumstance of infringing upon the lawful rights and interests of others!”

“If our side is determined to have committed provoking trouble and stirring up disturbances, does that not mean that in the legal sense it has been stated that our side infringed upon the lawful rights and interests of others and caused disruption of social order.”

“Then may I ask the prosecution, if our side’s purpose had been to infringe upon the lawful rights and interests of others and to cause disruption of social order, then why would our side construct something that facilitated others?”

“Up to the present, the fees collected by Zhang Laidong do not amount to even one third of the construction cost, and moreover fees were exempted for some persons in difficulty and some persons with urgent matters. In these matters, did our side infringe upon the lawful rights and interests of others?”

“Now let us discuss the subjective aspect.”

“In the execution of the first instance judgment, Zhang Laidong was ordered to return all the fees he had collected.”

“After the return.”

“One person surnamed Li, one Mr. Li, again handed over the returned property to Zhang Laidong’s family.”

“In this process, Zhang Laidong was absent throughout, and there was also no circumstance of forcibly demanding.”

“Then why did such a situation occur?”

“The reason lies in the fact that what Zhang Laidong did was in itself a good thing for the nearby villagers.”

“It was entirely voluntary and there was no compulsion. Could it be that what others voluntarily gave also counts as forcible taking or demanding?!”

“This is completely unreasonable and does not conform to the legal interpretation of forcible taking or demanding!”

“The above constitutes the factual basis of our side’s application to overturn Zhang Laidong’s first instance judgment.”

“And the corresponding evidence has already all been submitted, and the Presiding Judge may examine and verify it.”

To put it plainly.

In this round of debate, the prosecution’s argument lay in debating whether Zhang Laidong had engaged in forcible taking or demanding.

Originally it should have been he who was being questioned, but through Su Bai’s several questions, he instead threw the question back to the prosecution.

This question was originally a vague one.

Whoever occupied the initiative possessed the right to speak.

Judging from the current situation, clearly, he occupied a certain degree of initiative.

If the prosecution lost the debate and Zhang Laidong received a revised judgment, then there would be no problem at all.

If it were said that the prosecution won the debate, then, the prosecution winning was impossible.

After Mo Xiao heard Su Bai’s statement, he slightly furrowed his brows.

This.

Was this directly placing a label on him?

And even throwing the question back to him?

This.

That was placing an enormous label on him.