I was watched by the Internet police during the live broadcast of law popularization?
Chapter 321 The court meets with the first instance judge, Li Chen’s request
Chapter 321 The court meets with the first instance judge, Li Chen’s request
At nine o'clock in the morning, Li Chen was escorted to the first instance court by Liu Huaian.
Entering the trial court through the security gate, Li Chen and Liu Huaian entered the case filing hall together.
The presiding judge of the first instance of Liu Huaian's case is named Wang Yahui, and the appointment was made through telephone communication yesterday.
As for the reason for the agreement...
They want to appeal.
Wang Yahui himself also has a headache about this case.
When it comes to local administrative litigation, no one is easy to adjudicate.
It is impossible for the litigants to sue a certain unit if they really haven't encountered any trouble. Since they have sued, it means that they have sufficient evidence and confidence.
It is precisely because of this that he will rule against the other party after understanding the overall case and going to trial.
Because they do have problems in this case.
But he never expected that the party being sued would disobey the verdict and apply for an appeal.
How outrageous!
You are the person in charge of the overall case, and it was your own mistakes in work that led to the current result. What do you have to appeal?
It's best to make things as big as possible right now. If things get really big, will you be the ones to do it?
After explaining the rights and interests, it was not easy to convince the town government personnel, but the prosecutor had to appeal again because he did not obey the first instance judgment.
Numb...
Destroy it! !
At nine twenty, Wang Yahui, Li Chen and others were sitting in the mediation room.
Raising his head and looking into each other's eyes, Wang Yahui asked: "Have you brought the appeal?"
"Bring it."
After hearing this, Li Chen took out his appeal form from his notebook. The description above was very clear.
This is part of what he excerpted from the Tribunal’s website…
Wang Yahui picked up Li Chen's appeal and looked at it carefully.
The entire part is divided into two contents:
The first is the issue of responsibility.
Before Liu Huaian returned to his hometown to invest, he once had a relatively stable production chain in other places and could earn around several million every month.
If not personally invited by the management of a certain unit, he would not return to his hometown to build a factory.
After Liu Huaian returned to his hometown to build a factory, a certain unit was very enthusiastic at the beginning. It not only provided them with a series of preferential measures, but also ran various factory building procedures for them.
Since the factory was imported by a certain unit, they should be responsible for Liu Huaian's factory, rather than Liu Huaian's factory having to be demolished in just one sentence.
The second point is that a certain unit is at fault.
Before the factory was officially built, a certain unit did not report its construction plan to the higher level and wanted to promote its plan by cutting it off first and reporting it later. This was one of the main reasons for this case.
Another point is that there is serious fraud in a certain unit.
It is clear that the purpose of the land is to build a micro-enterprise park, but the unit's superiors reported that the land was used for planting. The actual area occupied by Liu Huaian was 8.8 acres, but the document stated it was 88 acres, which is nearly ten times the actual area.
Based on the above two points, the reason why Liu Huaian's factory became an illegal building was caused by a certain unit, and Liu Huaian should be compensated accordingly.
Wang Yahui put the above-mentioned book on the table in front of him and looked at Li Chen: "Your above-mentioned opinion is similar to the concept of our court's trial at that time.
A certain unit is at fault. It is precisely because of this that our hospital considers their forced demolition to be illegal. "
"Since our court has also determined that a certain unit is at fault, why is there no mention of any compensation in the notification of the first instance result?"
When Li Chen heard this, he asked back, and Wang Yahui said: "What compensation?
The factory was built by the unit, and it only contained Liu Huaian's production equipment and other personal belongings. Before the demolition, a certain unit had already informed the other party, but they did not go and claim it.
As for the subsequent auctions and the money obtained, they were also used to pay off other people's debts. "
"Judge Wang, I think you have mistaken the priority of the case."
When Li Chen heard this, he said with a serious expression: "This factory was brought in by a certain unit, and it was handled by this unit, so the factory and the building itself are not illegal buildings.
The reason why it became an illegal building is the result of ineffective communication between the unit and the higher level. The fault lies with a certain unit and not my client.
Since the problem lies with a certain unit, they should be held responsible for what follows.
If the factory building violates regulations and needs to be demolished, and where the new factory should be built, these are all within the scope of voluntary work of a certain unit.
You can't just say that because of a word from a certain unit, my room should cooperate unconditionally. Isn't this a joke? "
When we introduced the factory, you gave us discounts and took care of everything, but now that there's a problem, you clapped your hands and pretended to have nothing to do with you.
How can anyone do things like this?
Oh…
You figure out how to pay ordinary employees in other factories, but when it's the boss's turn, you don't care.
Does the factory boss really deserve to die or something?
"Fine…"
Wang Yahui nodded after hearing this: "I will truthfully report your appeal to the higher court, so let's do this for now..."
At this time, Wang Yahui didn't want to worry about this mess anymore.
Whoever likes to appeal can appeal. Anyway, this matter has no direct interest in him.
Li Chen nodded when he heard this, and walked out of the trial court with Liu Huaian.
After walking out of the court, Liu Huaian asked: "Lawyer Li, is it useful to appeal this matter?"
"I can't say for sure..."
Not all appeals will result in what one considers to be a fair outcome. The decision will still depend on the chief judge who takes over the case.
If a person is a responsible judge, he will make a relatively reasonable judgment based on the facts.
But if someone is less serious and has more ideas, then the original verdict may be upheld.
If you think a little more, the verdict may be changed to a certain unit winning the case.
The second instance was the same as the first instance. There were many uncontrollable factors, especially Liu Huaian's case involving a special unit, so Li Chen did not dare to take a guarantee.
Give it a try.
If the second trial changes the verdict or the attitude is the same as the first trial, it proves that there is something else involved.
If that's the case, that would be interesting...
In fact, Li Chen didn't understand why a certain unit would do this.
Now that this matter is making a big fuss on the Internet, are you really not afraid of influencing others to invest?
Your unit dares to do this to local companies, how can outsiders be treated well?
Of course, it does not necessarily mean that foreign companies will receive unfair treatment.
After all, the real cause of this problem is caused by subordinate individuals. Perhaps the situation can be better if the superiors come forward to attract investment.
The case has entered the above-mentioned process, and now they only have to wait for the notification of the second instance.
Let's see each other according to the situation.
Li Chen had a hunch that if this case followed ordinary procedures, he would not be able to get the result he wanted.
Farewell to Liu Huaian, Li Chen also took the same day's flight back to Shanghai...
(End of this chapter)
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