Tokyo Barrister: Start the law firm bankruptcy

Chapter 501 Loss of Power
As soon as Beiyuan's words came out, the whole court became a little quieter.The crowd sitting a few rows behind couldn't help whispering.It is not enough for this lawyer to challenge a top university, but to challenge the decision made by the local council. This is simply too absurd. Is there any legal basis for this?

Listening to Bei Yuan's words, Zhu Ze slightly frowned.The lawyer from Beiyuan was not talking nonsense.Because there is a term in law for this, that is-constitutional review.

【Constitution review】

[The constitution is the highest law in a country.Not only the actions of the executive branch and the formulation of laws and regulations must conform to the constitution, but even the laws enacted by the legislature itself must conform to the constitution.Among them, the review of constitutionality refers to the review by the judiciary of a country on whether the actions of the executive and legislative organs and the laws and regulations enacted violate the constitution.In some countries, the judiciary can even directly declare that the bill of the legislature is invalid because it violates the constitution.]

"The plaintiff's attorney is joking." Takezawa sneered, "In such a case, it is said that the constitutional review is going to be carried out with great fanfare. Is it because the matter is not big enough? A plagiarist is a plagiarist, no matter No matter how much trouble you make, it will not change your client's academic misconduct."

"I don't care about my client's academic misconduct. However, I do care about whether you have violated the law." Bei Yuan also responded with a sneer.

The male lawyer stood in court and said such words without fear.

He didn't show the slightest timidity in front of the powerful.

People can't help but wonder where the courage in him comes from.

"Chief judge!" Takezawa looked at the trial seat, "The plaintiff's attorney's so-called unconstitutional review of the documents of the Kyoto Local Assembly is fundamentally a waste of judicial resources. If it is because of such an absurd lawsuit, we must Initiating a constitutional review of local council legislation is utterly detrimental to the stability of the law."

Bei Yuan also looked at the judging seat, "Chief judge. Since the defendant's attorney cited the documents of the local council as not exercising administrative power, the decision to revoke the doctorate involved in the case is not a legal basis for administrative action. Based on this, the plaintiff's attorney It is a legitimate right conferred by the law to request the court to conduct a judicial review of the local council documents to confirm whether the documents on which the university's actions are based are legal."

In an instant, the words of Bei Yuan and Zhu Ze collided violently.

It was like a whirlwind was hanging in the courtroom.

Two ferocious beasts refused to give way to each other.

Judge Kawada looked at the scene in front of him, and then at the file on the referee's bench.In this case about the revocation of a doctorate, in fact, there is not much evidence presented by the entities of both parties.However, the opening of this trial will lead to a constitutional review.In the face of such a high public concern case, Judge Kawada will naturally not make a decision lightly.

The chief referee coughed slightly, and then said, "The collegial panel has understood. Next, the defendant will continue to present evidence."

After receiving the judge's order, Zhuzawa pouted slightly, and then said, "The defendant will present the second set of evidence. The first evidence is the plaintiff's paper "About the Acidification of Phosphate Group Oriented Molecules in Proteins", Bio The second piece of evidence is the plaintiff's paper "Research on the Secondary Structure of Proteins and Nucleic Acids under Enhanced Raman Spectroscopy", a manuscript letter from the journal HumGent. The above-mentioned manuscript letter was forwarded by the relevant magazine to the defendant Publication letter to plaintiff's e-mail address."

"The above evidence can show that the plaintiff published the results of the above papers during his doctoral study at Kyoto University, respectively, in July of this year and in July of the third year, and in January of the fourth year. The papers involved in the case constituted academic misconduct. published."

Takezawa looked at the evidence booklet in his hand and continued to read.

The attorney did not pause to give the plaintiff time to make cross-examination comments.

Obviously, in Takezawa's conception, it is impossible for the plaintiff to issue cross-examination opinions on the second set of evidence.Because these manuscript letters of the second set of evidence are all true, and they are all the results published by Mikiko himself, and there is absolutely no possibility of cross-examination.It is impossible to have any doubts about the manuscript letters themselves.

However, just as Zhuze continued to read, suddenly another male voice sounded, interrupting her testimony.

"Next. The plaintiff expresses cross-examination opinions on the second set of evidence presented by the defendant's attorney." This somewhat cold, cynical male voice came to Zhuze's ears again.

Zhu Ze couldn't help but paused, and raised his head in disbelief.Just now, this Kitahara lawyer threatened to conduct an unconstitutional review of the documents of the Kyoto Local Council, and Takezawa already felt that he was messing around.But now, for a group of opinions that cannot be cross-examined at all, it is undoubtedly even more messy to insist on cross-examination opinions.He... is he kidding?What's so good about this kind of evidence.

He is stalling for time.

Soon, Takezawa made a judgment.

This was an extremely ridiculous lawsuit.Since the chances of winning are already very slim, the other party's agent will certainly not focus on the so-called legal argument.On the contrary, he will do everything possible to conduct a "performance-style" show trial to grab the attention of the media. The more unreasonable and eye-catching, the more sensational it will be.

Of course, there was no need for Takezawa to prevent this kind of show-like court performance.Because the more you do this, the more disgust you will get from the judge.Making "unreasonable trouble" in court is simply suicidal.

Holding the evidence booklet of the other party in his hand, Beiyuan flipped through the pages of the manuscript letter that Zhuzawa gave evidence, pointed to the sending information of the email on it, and smiled.

A slightly mischievous smile.

A slightly mischievous smile.

A smile that seemed to be exaggerated and malicious on purpose.

In the next second, Bei Yuan's voice sounded, "Chief referee. Please pay attention to the sending time of these two emails. The sending time of the emails is today and April 5, 4 years. At this time, the plaintiff's attorney has An administrative lawsuit was filed against Kyoto University as the defendant. According to the relevant provisions of the "Administrative Litigation Law", once the lawsuit starts, the administrative agency shall not collect evidence from the third party. This is the evidence loss system."

【Evidence loss system】

[The so-called evidence loss system is a unique system in administrative litigation.That is, the evidence loss system sets a more stringent burden of proof for administrative agencies.For example, as far as the administrative agency is concerned, if there is no justified reason, but the evidence is provided within the time limit, it is deemed that there is no corresponding evidence when the administrative action is taken.For another example, the Administrative Procedure Law also stipulates that once the lawsuit starts, the defendant shall not collect evidence.The establishment of the evidence loss system is to urge administrative agencies to administer according to law, and only when they have sufficient factual evidence can they take administrative actions]

Kitahara continued: "The two emails presented by the defendant were formed after the start of the administrative litigation. According to the provisions of the Administrative Litigation Law, Kyoto University is no longer able to collect evidence on its own. In this regard, the plaintiff's attorney requests the court to deny the defendant's presentation. Evidence qualifications of the two emails, and it is considered that Kyoto University did not have the above two acceptance letters when it made the decision to revoke my client’s doctorate degree!"

(End of this chapter)