Reborn I want everything

Chapter 135
Early the next morning, the Criminal Court of the Intermediate Court of Ark City.

Gu Zhe took off from Shanghai in the evening, flew a little more than one night, and arrived in San Francisco 14 hours later. It was also night when he arrived in San Francisco.

So he doesn't need to be in a hurry during the day, just go to Shanghai before lunch.In the morning, I can deal with my own affairs first.

At that time, domestic flights to the United States basically took off from Pudong, the magic capital, and there were no flights in a small place like Ark City.

If you want to go to New York, you must stop in the middle, either in Tokyo or San Francisco/Los Angeles, otherwise the Boeing 747's fuel life will not be enough.Gu Zhe had to go to San Francisco, so he could choose the one that happened to go directly.

At [-] o'clock in the morning, Gu Zhe came to the criminal court early and attended the first trial of Wei Yiping's case - not only Wei Yiping was on trial, but also Chen Fan, the broker who gave him money, and a part of the party who stole scientific research secrets name managers.

Commercial espionage cases will definitely involve commercial secrets, so they are not heard in public.

But Gu Zhe is the boss of the victimized company, which is equivalent to the victim in a criminal case and also one of the parties involved.

No matter how confidential a criminal case is, the victim must have the right to attend.

There are three people involved in the case, so it is more complicated, and the charges are different, and there is no verdict in court.The first court session was only to clarify the fact finding part, and then announced an optional sentencing date.

The new judge in the criminal court responsible for dealing with commercial crimes is actually Qin Nuan whom Gu Zhe knew.

When Gu Zhe came to the Ark Intermediate Court to file a lawsuit the year before last and last year, Qin Nuan was just a clerk with Pan Xiaoting, but he didn't expect to come back this year and finally become an assistant judge.

After the trial, when they met in the corridor, Qin Nuan politely called Gu Zhe and expressed his gratitude to him:

"Mr. Gu, I'm actually quite thankful to you. The two big cases I handled for you last year ended up on the real exam questions. I didn't expect that the intellectual property law could take up one of the four or six big questions in the test paper. It’s unprecedented. I, who specialize in intellectual property cases as a clerk, have earned it.”

When Qin Nuan said this, there were several colleagues beside him, and they all came over to express their thanks to Gu Zhe. It seemed that they all just passed the exam last year—of course, not all of them just passed the exam last year. Some of those who became judges had already been judges before. They got on the bus first and paid for their tickets, and then they waited to be promoted after passing the exam.

Gu Zhe has done a lot of good deeds. He gave away the staff of the court that he often comes to for nothing.

Paper 150 of the law test every year is composed of six major questions and [-] points.

There are many points that can be discussed on this big question of Gu Zhe, plus a multiple-choice question related to Gu Zhe's several cases in the first three volumes, the total is almost worth 30 points.

For those who have passed the test with 360 points, 30 points are very valuable.

Gu Zhe heard the words, but the clouds were calm and the wind was light, and he didn't feel the pleasure of pretending to be aggressive in front of idlers:

"It's for you to study well on your own. It has nothing to do with me. I'm going to study abroad soon. I heard that the court session is just around the corner. Come and take a look.

Alas, I was also in a cocoon. I originally wanted to send someone to audit, but I realized that I applied for the non-disclosure, and I had to go through the procedures to authorize other people in the company to audit, so I had to come by myself. "

The private trial of trade secret cases is not a statutory non-publicity, but an application for non-publicity.Gu Zhe had previously applied as usual, but only when the matter came to an end did he realize that it would be troublesome to change his mind and ask his subordinates to listen to him.

Only he is the absolute major shareholder, chairman, and legal representative of Tianyuan Technology, and he himself does not need additional procedures.

Otherwise, such small roles as Qin Nuan would not have the qualifications and opportunities now. Master Meng Gu personally came to inspect.

After hearing Gu Zhe's words, the young judges immediately grasped a key point of information.Qin Nuan exclaimed in a low voice:
"You still want to study abroad? You are young and promising, eager to learn. I always thought that education doesn't matter for someone like you."

In their eyes, Gu Zhe's undergraduate degree in Tunghai University is just a mess. Even if he misses a day of class, Tunghai University will let him graduate.

Who knows that he still has such pursuits, and he wants to go abroad to study as a graduate student again, which is really motivated.

Qin Nuan and the others were so ashamed that they were on the verge of showing admiration.

Gu Zhe smiled casually: "What's the matter? Don't get close to me, or the next time there is a case, you should avoid it."

Qin Nuan smiled nonchalantly: "No, I have already been transferred to the criminal court. I believe that there will be no more criminal cases on Mr. Gu's side. Lawsuits are also civil and commercial matters. It is enough for Sister Pan to keep her distance from you." .When I have a question, I still have to ask for advice.”

Everyone is knowledgeable, and they know in their hearts that Gu Zhe's commercial espionage case this time is to set up a prestige.

After Wei Yiping went in, the other researchers of Tianyuan Technology will definitely be silent in the future. Gu Zhe's control skills can also be relaxed, and there will be no chance of committing similar cases in the future.

I'm afraid that if a competitor brings 1000 million or even that villa in the capital, they won't be able to buy the traitor.After all, although it is cool to receive money for a while, it will still be spit out when the crime happens.

With a boss as cunning as Gu Zhe, who is able to discern every detail, it is impossible for him to "go to jail and enjoy the happiness of the whole family" and keep the stolen money securely for a long time.

Gu Zhe also laughed, and asked casually, "By the way, why did you think that it would be bad for you to be transferred to the criminal court to try a decent case with Sister Pan in the Civil Tribunal?"

Qin Nuan proudly showed off: "That's different, Minsanting already has a faction as strong as Sister Pan, and I don't need to deal with difficult and miscellaneous diseases, I don't have the skills.

The court fees are low, but the criminal court can allow assistant judges to serve as the presiding judge. If I hadn't come to the criminal court, as a rookie who just got the assistant qualification after the Chinese New Year, would I be able to try the case by myself like today? "

Gu Zhe was right when he thought about it.

Paragraph 40 of Article [-] of the "Civil Procedure Law" stipulates: "Civil cases that are tried by summary procedures shall be tried by a single judge. Civil cases of first instance with clear basic facts and clear rights and obligations tried by basic people's courts shall Ordinary procedures may be used by one judge alone to hear the case."

Article 44 also stipulates: "The presiding judge of the collegial panel shall be a judge designated by the president or the chief judge."

Therefore, in the field of civil cases, the law of our country clearly stipulates that the presiding judge must be above the professional title of "judge".

It is impossible for a new judge who has just arrived a few years ago to be the presiding judge in the civil field before removing the word "assistant" in front of the judge.

In the field of administrative litigation, there are similar provisions.

Only criminal proceedings are different from civil and administrative procedures in this respect.

According to the "Reply of the Supreme People's Court on Whether Assistant Judges Can Be Members of the Collegial Panel and Serve as the Presiding Judge", "According to the provisions of Article 30, Paragraph [-] of No. [-] of the Organic Law of the People's Court, assistant judges shall With the approval of the committee, it can act as a judge temporarily."

Therefore, the assistant judges of the criminal court can be the presiding judges, and they can also try cases alone, and they don't have to help the judges who have been converted to full-time status.

(Note: At present, my country's relevant regulations on the field of criminal procedure and that assistant judges can handle cases independently are mainly based on Article 175 of the Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China:
The presiding judge shall be a judge.Assistant judges are proposed by the president of the court and approved by the adjudication committee. They can temporarily act as judges and serve as the presiding judge.

但是，这个司法解释是2012年11月5日通过的。书中才2004年4月，所以当时适用的还是1983年5月25日通过的老解释、《最高人民法院关于助理审判员可否作为合议庭成员并担任审判长问题的批复》。

两者内容其实没变，新解释只是把零散的旧解释归纳总结起来。新解释2012年11月5日通过后，旧解释于2013年1月14日废止。）
Gu Zhe is also very knowledgeable about the law, and after listening to a few words, he immediately admires Qin Nuan, a scum from elementary school.

Unexpectedly, although this guy is not as good at reading as Pan Xiaoting, he needs some tricks to pass the French exam by rote.But in terms of planning for his own future, he is not ambiguous at all.
He is very good at making use of the provisions of the procedural law and the organizational law of the court to find the development of the relatively unintensive blue ocean field.

The corner of Gu Zhe's mouth couldn't help revealing a knowing evil smile: "You can... "The Supreme People's Court's Reply on Whether Assistant Judges Can Be Members of the Collegial Panel and Serve as the Presiding Judge" is very fun."

And Qin Nuan originally had a mentality of fluke showing off, that kind of feeling, like a primary school student in a judicial examination training class, wanting to show his learning results in front of the teacher.

As a legal person, this is inevitable.For example, 20 years later, in the thick university law test class, many people asked Zhang San for advice with strange questions every day, just wanting to show their faces and pretend to be aggressive.

In the end, Qin Nuan couldn't help but admire Gu Zhe once again when he heard that Gu Zhe's reaction was so fast, and he pointed out the judicial interpretation that he took advantage of to quote in just one sentence.

She made good use of this explanation, but it was after a long time of deliberate planning, and after checking a lot of documents, she planned so well for her future.

But Boss Gu didn't know it beforehand. Today, he came to listen to the case temporarily and chatted with this topic, and he could react instantly. His level and IQ were simply second to none.

What an old and insidious lawyer's reaction speed. This kind of person is still a scientist who is going to Stanford to do scientific research. It's simply abnormal.

Alas, from strategizing to legal affairs layout digging, to scientific research management and research and development, it seems that Boss Gu can coordinate the overall situation and observe the general situation, which is simply against the sky.

If such a person does not become a major event, whoever becomes a major event.

Qin Nuan and the other young judges admired him so much that they couldn't have any more cases with Gu Zhe, so they all wanted to invite him to lunch to ask for advice, anyway, they were not afraid of avoiding him in the future.

But Gu Zhe said very gentlemanly: "Thank you, I have a dinner appointment in Shanghai at noon, so excuse me."

As Gu Zhe said, Qi Yu left the city courtyard grandly, stepped into the Maybach that drove to the door in due course, and floated away.

(End of this chapter)