Chapter 104: The Final Judgment! Attached Explanation, Must Read
Very quickly.
From the announcement of the end of the recess, one hour passed very quickly.
Court resumed.
At the clerk’s call for everyone to rise, the three members of the collegiate bench once again entered the courtroom.
At the presiding judge’s seat.
Presiding Judge Bai An looked around once and struck the gavel.
Bang bang bang!
“The court now continues.”
“Regarding the respective statements of the litigating side and the prosecution.”
“The collegiate bench has already conducted discussion regarding the issues stated by both sides.”
“At present, the discussion between the litigating side and the prosecution regarding whether Zhang Laidong is suspected of provoking trouble and stirring up disturbances shall be temporarily suspended.”
“After the court completes discussion regarding whether the litigating side’s application to revoke the administrative penalty should be granted, and after all three sides have completed their statements, a final determination will be made.”
“Do both sides have any objection to this?”
Su Bai: “Our side has no objection.”
Mo Xiao: “Our side has no objection.”
Bang bang bang!
“Neither side has any objection.”
“Then below, the court will begin hearing regarding the litigating side’s application to revoke the administrative penalty of the Water Management Station.”
Bang bang bang!
“Litigating side, judging from the litigation application you submitted, your side states that the Water Management Station acted with administrative illegality. Do you have any substantive evidence or explanation based on legal provisions?”
“Yes, Presiding Judge.”
Su Bai slowly spoke, then took out a litigation document and slowly said, “According to the first instance judgment, our side was fined three hundred thousand yuan.”
“Our side believes that the applicable provision was improperly applied.”
“In the first instance, regarding the fine of three hundred thousand yuan, the evidence shows that the administrative penalty imposed by the Water Management Station was based on three orders directing our side to demolish and reconstruct the bridge that had been built, and on this basis it imposed the maximum penalty on our side.”
“The legal provision on which the penalty was based was Article 65 of the Water Law, which provides that where a bridge is built without approval from the water administrative department or the department with jurisdiction over the waters and in violation of construction regulations, and the order is not corrected, an administrative penalty of not less than ten thousand yuan and not more than one hundred thousand yuan shall be imposed.”
“I would like to ask counsel for the respondent, is this matter true?”
Meng Haiyang slightly nodded. “This matter is true.”
“According to Article 65 of the Water Law, Zhang Laidong was penalized for failing to comply with the order to correct, with a fine of not less than ten thousand yuan and not more than one hundred thousand yuan.”
“Yes.”
Su Bai slightly nodded.
“Then I would like to ask, counsel for the respondent, what is the basis for your administrative penalty, is it that our side failed to comply with the order to correct?”
“Yes, failure to comply with the order to correct.”
Meng Haiyang slightly nodded.
“Alright, thank you.”
Su Bai continued his statement. “According to the relevant provisions of Article 65 of the Water Law.”
“Where a bridge is built without the consent of the water administrative department or the department having jurisdiction over the waters, the bridge shall be ordered to be demolished or the relevant procedures shall be completed and supplemented.”
“Otherwise, a fine of not less than ten thousand yuan and not more than one hundred thousand yuan shall be imposed.”
“Did Lawyer Meng not read Article 65 of the Water Law or the related provisions that follow it?”
“After the phrase demolition of the bridge there is another sentence, namely complete and supplement the relevant procedures.”
“According to the evidence submitted by our side.”
“Our side submitted the relevant procedures to the relevant departments many times, yet never received any response or approval, but the relevant departments issued three consecutive orders to our side, and each time imposed the maximum penalty. Is that appropriate?”
“That is, our side determines that the administrative conduct violated the Administrative Penalty Law. Is there any problem with that?”
Faced with Su Bai’s question.
Meng Haiyang directly fell silent.
There truly was a problem here.
According to administrative penalty principles, the relevant departments or units may not repeatedly and continuously impose relevant administrative penalties on the same unit or operator, and must give the other party a certain period for rectification.
However.
The relevant departments had not responded regarding the completion and supplementation of the relevant procedures.
This indeed was their responsibility.
There was no doubt about this point.
Meng Haiyang took a deep breath and prepared to refute, but when he thought that this was a live broadcast of the court session, he withdrew his refutation.
After remaining silent for several seconds, he simply remained silent.
A loss is a loss, but if he said something wrong, then the nature of the matter would change.
Su Bai gazed at Meng Haiyang.
With respect to administrative litigation, during the trial process, the other side after all did not have the advantage of the legal provisions.
Especially.
Given that the present situation was a live broadcast of the court session, under such circumstances they would certainly speak as little as possible.
Therefore, revoking the administrative penalty of the administrative department was not particularly difficult.
Bang bang bang!
After Su Bai finished stating his position.
Presiding Judge Bai An struck the gavel and looked toward Meng Haiyang seated on the respondent side.
“Respondent side, do you have anything you need to defend or state?”
Meng Haiyang let out a long breath. “Our side believes that the litigating side’s party concerned indeed had the circumstance of failing to comply with the order to correct, and this matter truly existed.”
Bang bang bang!
Faced with Meng Haiyang’s statement, Presiding Judge Bai An struck the gavel.
“According to the statements of both sides in the litigation.”
“The following disputed points are now summarized.”
“First, whether the respondent side violated the provisions on administrative penalties.”
“Second, whether the respondent side properly notified the administrative penalty.”
“Litigating side party concerned, Zhang Laidong.”
“May I ask whether you received the respondent side’s notices and orders, and whether you carried out application procedures?”
Faced with the presiding judge’s question.
Zhang Laidong took a breath and slowly said, “I received the notices of the orders, but I made corrections according to the other side’s requirements, and I also applied through the relevant procedures, but I never received any response or approval.”
“Then what was the interval of time between the three notices of the orders you received?”
Presiding Judge Bai An asked again.
Zhang Laidong thought for several seconds and then said, “The interval did not exceed one year.”
Bang bang bang!
The gavel sounded.
“The court now questions the respondent side regarding the administrative litigation raised by the litigating side.”
“Did the respondent side receive Zhang Laidong’s applications for approval?”
Meng Haiyang took a deep breath. “Yes, they were received.”
“How many times?”
“Three times.”
Bang bang bang!
“The questioning is completed.”
“Does the respondent side have any objection to the litigating side’s accusation that your side neither approved nor replied to Zhang Laidong’s applications for approval?”
“No.”
Bang bang bang!
After completing all questioning and reviewing the corresponding evidence, Bai An already had a determination in mind.
With respect to the administrative litigation application raised by Su Bai.
At present, there was basically no major problem.
The Water Management Station had violated the relevant penalty provisions, and what now needed to be determined was what amount of penalty was appropriate.
After clarifying these relationships.
Bai An again struck the gavel.
“Do all parties have any further factual basis to supplement or state regarding this case?”
Upon hearing these words, all three sides realized that the final court statements were about to begin.
Su Bai: “No objection.”
Mo Xiao: “No objection and no supplementary content.”
Meng Haiyang: “No objection and no supplementary content.”
Bang bang bang!
“All parties have no objection regarding this case, and below begins the stage of final court statements by all parties.”
“Now please the litigating side make its court statement.”
“Alright, Presiding Judge.”
Su Bai took a deep breath and then said, “Presiding Judge, our court statement is as follows.”
“With respect to the prosecution’s accusation that our side illegally built the bridge, our side has no opinion.”
“But regarding the charge of provoking trouble and stirring up disturbances against our side, our side believes that our original intention was good, and that there was no conduct constituting forcible taking or demanding.”
“Moreover.”
“According to the evidence provided by our side, our construction of the bridge did indeed assist convenient travel for the villagers, and there was no situation of compulsory levying or compulsory collection.”
“From the essential perspective.”
“Our conduct does not constitute disrupting social order, and we request that the Presiding Judge consider the matter from this perspective.”
“At the same time.”
“Faced with the administrative penalty, our side believes that the fault lies in the administrative penalty being unlawful.”
“This is also the reason our side was fined three hundred thousand yuan.”
“That is, our side applies for the revocation of the administrative penalty against our side.”
“Presiding Judge, our side has finished its statement.”
After Su Bai finished his statement, Presiding Judge Bai An turned his gaze toward Mo Xiao of the prosecution on the respondent side.
“Please the prosecution make its court statement.”
“Alright, Presiding Judge.”
Mo Xiao simply organized his statement materials, then said:
“Presiding Judge, our court statement is as follows.”
“Our side believes that there is a legal factual basis for the party concerned Zhang Laidong’s bridge building and fee collection.”
“The litigating side cannot provide sufficient evidence to prove that the party concerned Zhang Laidong did not commit provoking trouble and stirring up disturbances and did not disrupt social order.”
“Our side believes that the first instance judgment should be upheld, and Zhang Laidong should be found guilty of provoking trouble and stirring up disturbances.”
“Presiding Judge, our side has finished its court statement.”
Bang bang bang!
After Mo Xiao’s court statement concluded, Bai An struck the gavel.
He then turned his head and looked toward Meng Haiyang on the respondent side.
“Now please the entrusted lawyer of the respondent side, the Water Management Station, make the court statement.”
“Alright, Presiding Judge.”
Meng Haiyang slightly nodded and then said, “Presiding Judge, our court statement is as follows.”
“The fact that the party concerned Zhang Laidong illegally built the bridge is established, and the factual evidence shows that Zhang Laidong indeed engaged in illegal bridge construction for revenue generating conduct, and the relevant departments had reason and evidence to impose punishment on him.”
“We ask that the court consider this factual basis.”
“Presiding Judge, our side has finished its statement.”
After all three sides had finished their statements, Presiding Judge Bai An.
Bang! Bang! Bang!
Struck the gavel!
“The three sides have finished their statements.”
“The court will now announce the trial result!”
Clerk: “All rise, please the Presiding Judge announce the trial result.”
Rustle rustle rustle.
Everyone in the courtroom stood up.
Among them, the most nervous person in the courtroom was Zhang Laidong, whose dark face was filled with tension.
After all, this judgment was of the utmost importance to him.
What happened to him personally did not matter, the most important thing was that his child could not be affected because of him.
Zhang Laidong tightly held his breath and fixed his gaze on Su Bai.
Su Bai slightly smiled and nodded, signaling to him not to be overly nervous.
As for the judgment in this trial, judging from the present situation, there was already no major problem.
Bang bang bang!
The sound of the gavel echoed in the courtroom, and everyone’s attention fell upon Presiding Judge Bai An.
Bai An fixed his gaze on the trial materials held in both hands and slowly began to read the judgment result.
“The cause of this case is that the litigating side party concerned, Zhang Laidong, dissatisfied with the first instance judgment sentencing him to six months of fixed term imprisonment for provoking trouble and stirring up disturbances, brought litigation.”
“He also brought litigation due to dissatisfaction with the administrative penalty, and the cases were heard together.”
“This court has jurisdiction over the case, and all applicable law shall be applied in accordance with domestic law.”
“The trial result is announced below.”
“Upon study and determination by the collegiate bench, regarding the litigation claims raised by the litigating side.”
“First, regarding the litigating side’s request to overturn the first instance judgment, it is found that the first instance judgment lacked forceful evidence proving provoking trouble and stirring up disturbances.”
“The judgment result is now as follows.”
“The prosecution does not have sufficient reason to prove and accuse the party concerned Zhang Laidong of committing the crime of provoking trouble and stirring up disturbances.”
“That is.”
“The first instance judgment is overturned, and Zhang Laidong is found not guilty!”
“Second, regarding the litigating side’s objection to the administrative penalty.”
“The respondent side violated the Administrative Penalty Management Provisions, and its penalty against Zhang Laidong was improper. Because its administrative penalty was unlawful, it is hereby revoked. The administrative penalty against Zhang Laidong is revoked!”
“With respect to the administrative penalty against Zhang Laidong at the first instance, no further liability shall be pursued.”
“At the same time, the relevant departments are ordered not to further pursue administrative penalty against Zhang Laidong!”
“Third, regarding the respondent side’s violation of the Administrative Penalty Management Provisions, it is required to make a public apology to Zhang Laidong.”
“However!”
“The fact that Zhang Laidong illegally built the bridge is supported by conclusive evidence and is true, and the party concerned has no objection.”
“That is.”
“It is determined! That Zhang Laidong must consult and handle the matter with the relevant departments!”
“The court will temporarily not pursue Zhang Laidong’s liability.”
“All litigation claims raised by the respondent side are rejected!”
“According to the provisions of our country’s Litigation Law, if the respondent side believes that there is any problem or doubt regarding the ruling and judgment, it may raise a request for review and supervision with the relevant unit, or raise a request for retrial.”
“The written judgment will be sent to both sides in the litigation within ten days after the close of court.”
Thud!
The heavy sound of the court fell and echoed through the courtroom.
“Court adjourned!”
As the stern voice of Presiding Judge Bai An fell.
The trial ended!
When he heard the presiding judge’s voice fall, the tension in Zhang Laidong’s whole body was finally released.
A trace of excitement appeared on his dark face.