As a Lawyer, You Sent the Judge In? (Strong Wind And Thick Fog) - Chapter 493

Chapter 493: Provincial Law and National Law. How do provincial representatives compare with national representatives?

 The legal situation involved in this case is not too complicated.

 There is only one defendant and one plaintiff, with relevant compensation contracts and relevant contracts signed.

 The main thing is that the program is simple and convenient.

but.…

 This crop claim case involves a very complicated background and influence.

 First of all, the background of the defendant company can interfere with the tendency of the trial.

 Secondly, the issues involved in this case concern the entire province.

 Fang Qiqiang, who organized the trial of this case.

 Faced with this case, in my heart I was unwilling to hold a trial or even take over the case.

 After all…if it is not handled properly, the case will become a fire hazard.

 Cause him great personal trouble.

 There is no other way…

 Now that the case has progressed to this level, it is impossible not to go to trial, and it is impossible not to take over the case.

 After the mediation failed, Shuicheng Intermediate People’s Court notified both parties of the specific time for the hearing.

 During this period, Fang Qiqiang also found Su Bai and wanted to reconcile privately.

In this regard, Su Bai also put forward his own conditions, that is, as long as Wannong Agricultural Co., Ltd. agrees to their proposed mediation plan, the case will not need to go to court at all.

 He can directly declare the case closed.

But will Wannong Agriculture Co., Ltd. agree?

If Universal Agriculture Co., Ltd. could agree, Wang Xi’an would not ask his uncle to call the court in person.

 So… it is impossible for Wannong Agricultural Co., Ltd. to agree to such conditions.

Fang Qiqiang knew very well that both parties in this case were very strong, and Wannong Agricultural Co., Ltd. was unwilling to pay such a large amount of compensation.

Similarly, Su Bai was not willing to give in any step.

 As the original defendant in the case, both parties have very tough attitudes.

 The reason why he found Su Bai was because he hoped that Su Bai could compromise.

  But it is obvious that Su Bai, as the plaintiff, cannot compromise at all.

 In this situation…Fang Qiqiang no longer has any intention of reconciling the two parties.

 Because the two parties cannot reconcile at all, there is no need to waste time and energy anymore.

 The relevant circumstances and issues of this case can only be resolved through a court hearing.

 This court hearing… Su Bai applied for a public hearing as usual.

 Hope that the impact of this case can be expanded through a public trial.

 Similarly, put a certain amount of pressure on the defendant so that he can relent and pay compensation.

 It’s just…

 Fang Qiqiang was the judge of this case, and the court took into account Su Bai’s influence and the particularity of this case.

 Refused to hold a public hearing.

 The reason for rejection is also very procedural, that is, it is worried that the relevant circumstances of the case will affect the listed company and cause adverse conditions to the operation of the listed company.

 Hence a public hearing was refused.

Su Bai didn’t pay much attention to this point, because the situation involved in this case had a relatively large impact.

 It is normal for courts to use other reasons to refuse to hold public hearings.

This is also in line with the corresponding legal process, and Su Bai has nothing to refute or object to.

 As long as Lin Jiayuan’s legal rights and interests can be guaranteed at the court hearing, that’s all.

only.…

 In this trial, the court and the presiding judge clearly favored Wannong Agricultural Co., Ltd.

 This bias is very obvious.

 This has a huge impact on the final judgment and the amount of compensation.

Su Bai had a headache at this point, but he also knew in his heart that if he really enforced his rights according to the conditions set out in the contract.

So even if the preference of the presiding judge and the court is towards Wannong Agricultural Co., Ltd.

This case can also meet his application demands.

 So…this tendency does not have much impact on the final result.

.

 ….

 The trial will begin soon.

 As the plaintiff’s attorney, Su Bai and the plaintiff Lin Jiayuan both appeared in court at this hearing.

Defendant Yu Hao and several other lawyers represented Wannong Agricultural Co., Ltd. in court.

 This case was heard in court by Fang Qiqiang.

 The trial process also progressed very quickly, and it soon entered the formal court session.…

 Fang Qiqiang asked both the plaintiff and the defendant to state their respective entrustment claims.

 The entrustment claims of both parties are the same as those raised at the time of settlement.

Su Bai requested a compensation of 800 yuan per mu, but the defendant believed that 800 yuan was too high and insisted on a compensation of 20 yuan per mu, calculated based on the value of the seeds.

As the presiding judge, Fang Qiqiang reviewed the case before the trial and also knew that the case was about compensation.

There is no doubt that Wannong Agriculture Co., Ltd. needs to compensate.

 The key point is how much compensation should be paid and how much loss should be compensated.

 The plaintiff’s claim also focuses on this point.

 The two sides talked about it, but only focused on one issue, and that was the issue of corresponding compensation.

 Other than that…there is no other key content.

 Similarly.

 After stating their respective claims, Fang Qiqiang asked both the plaintiff and the defendant to state their basis.

 The plaintiff’s basis is based on the content of the contract.

The defendant’s basis is that in this case, the plaintiff failed to fulfill its obligations under the contract, which resulted in a large-scale reduction in food crop production.

 It means to avoid the issue of one’s own responsibility.

 At this point, Su Bai was prepared early.

 Submitted the certification of professional organizations for grain production reduction to the court hearing.

· Certification from professional organizations is that the reduction in grain crop yields is not caused by external factors, but by poor quality seeds.

With this piece of evidence, the defendants want to deny that the situation of reduced grain production caused by their plaintiff no longer exists.

after all.…

 They have evidence, substantial evidence.

The other party also knew in his heart that it was due to inferior seeds.

 In this case of irrefutable evidence, the other party wants to refute, but with what refutation?

 If you bite the bullet and make a statement at the trial, then the presiding judge will favor the defendant in the court.

But.…

Your defendant has no evidence, and no matter how much it leans toward you, it is impossible for you to win the case.

  Otherwise…this is a clear and obvious violation of the law.

 Send it to him directly without any hesitation.

 So on this issue of contract,

 After both parties have stated their respective reasons.

As the presiding judge, Fang Qiqiang fell into silence.

However, he quickly adjusted himself and began to summarize.

“Both the plaintiff and the defendant…have now completed their representations of their respective entrustment applications.”

“Based on the current situation, if compensation is based on the contract, the amount of compensation requested is obviously too high.”

“but….”

“According to the entrustment claim put forward by the defendant, the seeds were used to pledge the compensation.”

 “This is obviously inconsistent with the provisions of the law.”

“Therefore, the court dismissed the claims of both the plaintiff and the defendant.”

“The court held that…in this case, compensation should be made in accordance with the Provincial Management Seed Compensation Law.”

“According to the law, Wannong Agricultural Co., Ltd. should compensate the damaged farmers at an amount of 80 yuan per mu of land.” “And it only supports cash compensation terms.”

 Fang Qiqiang directly expressed the court’s views during the court hearing.

 The idea of ​​compensation of 80 yuan per mu of land was reached through discussions between him and several judges in the Intermediate Court.

 At the very beginning, Fang Qiqiang had already determined that in this case, the arguments of both the plaintiff and the defendant needed to be rejected.

 Why do this?

first.…

 The compensation proposed by Wannong Agricultural Co., Ltd. is obviously too small.

 Furthermore, what Wannong Agricultural Co., Ltd. proposed was not compensation.

Rather, it is compensation from a humanitarian perspective.

 In this case, Wannong Agricultural Company is obviously responsible, and its liability is relatively large.

 Is it possible not to compensate?

 It’s simply impossible!

 The court will definitely reject the claim that it only wants humanitarian compensation.

And from a legal perspective, if there is no coordination between the two parties, it is not supported to use property as a mortgage.

 Another point is…even if items are used as collateral for mortgage, the terms of the mortgage must be verified before the value can be verified.

 In this court hearing, it was obvious that the court was unable to agree to the lawsuit filed by Wannong Agriculture Co., Ltd.

  On the other hand.

The plaintiff appointed a lawyer, Su Bai, who proposed a compensation of 800 yuan per mu of land in accordance with the contract. In fact, this is a very reasonable request.

 Because that’s what the contract says…

 As for other clauses with loopholes, in fact the court cannot support them.

If judged according to normal circumstances, the plaintiff’s claim can be judged to be successful.

 The relationship with the background of this case is complicated.

Wang Xi’an’s uncle has contacted the court, so the court also needs to consider whether Wannong Agricultural Co., Ltd. can afford such a large amount of compensation.

  Try to reduce the defendant’s losses as much as possible.

 There is also the attitude of Wang Xi’an’s uncle.

 In this case, the provincial seed management regulations will be used to compensate.

ˆ is a very reasonable decision.

 The compensation was only 80 yuan per mu, which was far lower than the 800 yuan per mu that should have been paid.

It is also much higher than the 20 yuan proposed by the defendant Wannong Agricultural Co., Ltd.

  Generally speaking, it is a compromise approach.

only.…

 The amount of compensation for the presiding judge Fang Qiqiang and the provincial laws and regulations used to determine the compensation.

Su Bai is definitely unwilling.

 Why not?

 Because the compensation of only 80 yuan is completely inconsistent with the client’s entrustment demands.

Su Bai had previously discussed the losses with Lin Jiayuan. Calculated in terms of cost, the cost per acre of land could be as high as six to eight hundred yuan.

 The cost here includes planting, pesticides, seeds, fertilizers, etc., but does not include labor costs.

 But now, the output has been greatly reduced, and machines are needed to harvest food.

 The cost per mu of land is 50 to 80 yuan.

 Has the cost increased again?

 The current situation is that the yield per mu of land is very low. Based on the current output, the income per mu of land is only about 300 yuan.

 Overall, the net loss per mu of land is nearly 400 to 600 yuan.

 A compensation of only 80 yuan is completely unable to maintain the cost.

From this point of view…the court’s compensation is completely unreasonable and cannot achieve the corresponding results of the client’s claims.

 This is completely unacceptable to Su Bai.

So Su Bai immediately refuted:

 “Presiding Judge.”

“We believe that this provincial management regulation cannot go beyond the contract signed with us in terms of legal composition and obligations.”

“We still hope to be compensated in accordance with the contract, and we will be compensated 800 yuan per mu of land for our losses.”

As the presiding judge, Fang Qiqiang immediately retorted:

“The plaintiff wants to make a claim in accordance with the contract…”

“But the amount you claim is too high.”

“And there are various loopholes in the contract. According to the law, the court can impose penalties in accordance with other applicable laws.”

“This is possible.”

“So on this point, the court dismissed it.”

 The hammer fell, Fang Qiqiang looked at the plaintiff’s seat and slowly stated the reason.

Su Bai refuted again when Fang Qiqiang stated the reasons and the corresponding basis.

“Even if the court follows the corresponding procedures, it can implement other laws to make a determination.”

“But why do we need to use provincial seed management regulations to make judgments?”

“According to legal regulations, it is completely unreasonable to use provincial administrative regulations and laws to make judgments.”

“In this case, if the Seed Management Regulations are used to impose penalties, then according to the law, the general domestic law “Seed Law” needs to be used.”

 “In terms of priority.”

“Domestic laws must take precedence over provincial regulations and laws.”

“According to the Seed Law, Wannong Agricultural Co., Ltd. should also bear all our losses.”

“So whether it’s in terms of the contract or the Seed Law, the amount of compensation that Wannong Agricultural Co., Ltd. will pay us per mu of land is far more than 120 yuan.”

“So we do not agree with the court’s decision to use the Provincial Management Regulations Law to award the defendant 120 yuan in compensation.”

“We apply to the court to withdraw the judgment just now and award compensation in accordance with the corresponding priority laws.”

Su Bai’s answers and rebuttals were very sharp.

The court, if it really doesn’t agree with the contract.

 Then the domestic law “Seed Law” can also be used to impose penalties.

  Provincial regulations may not be used to impose penalties.

after all.…

 The Seed Law is a legal charter formulated by representatives from across the country.

 The Provincial Seed Management Regulations are legal regulations formulated by provincial representatives.

 Whether it is at the administrative level or in terms of priority, the laws enacted by national representatives are universal throughout the country and are higher than provincial management laws and municipal management laws.

 So why should provincial governing laws apply to this trial?

 This is completely unreasonable!

 Provincial laws and national laws must take precedence over national laws. Besides, how do provincial representatives compare with national representatives?

The court’s only purpose in imposing this penalty is nothing more than one thing, that is… it wants Wannong Agricultural Co., Ltd. to pay less compensation.

 Wanmeng Agriculture Co., Ltd. will pay less compensation.

 Then…those farmers will suffer heavy losses.

 One acre of land is lost between 400 and 600 yuan. With so many farmers and so many acres of land, how much will be lost in total?

 These costs are all borne by the farmers!

 This incident was caused by Wannong Agricultural Co., Ltd.

 The compensation for one acre of land is only 80 yuan, which does not meet the client’s demands at all.

 It is also inconsistent with the law and inconsistent with a fair judgment.

 When Su Bai used the “Seed Law” formulated by national representatives to refute the judgment conditions.

On the bench, Fang Qiqiang, the presiding judge, frowned slightly.

 Discussing priorities now at trial?

 As a presiding judge, doesn’t he know the priority of the law?

 It must be clear!

  But using the Provincial Seed Management Regulations and Laws is the most beneficial to Wannong Agricultural Co., Ltd.

 So he brought it up at the court hearing.

 But…now he was rebutted by Su Bai.

 For Su Bai’s identity and Su Bai’s influence.

To be honest…as the presiding judge, Fang Qiqiang is also a little afraid of causing any trouble in the future.

 So…when faced with Su Bai’s statement, he fell into silence.

  There was no immediate answer.

.

 ….

 PS: Please give me a monthly ticket~

 (End of this chapter)