i gave myself away
Chapter 57 57
Shi Mo had held so many courts, and it was the first time he felt such a tense atmosphere.
From the time the appellant came in, the entire trial court was filled with an indescribable sense of tension. The air factor was like being in outer space, so thin that it was difficult to breathe.
The person who was appealed was the director of the political department. Shi Mo could only say that he was worthy of being a member of the government department. He sat down and felt that the lights were moving closer to him. Fortunately, he was not a lawyer, otherwise his aura alone would It can be shocking.Xie Wen probably hadn't recuperated well, his face was a little pale, a little less fierce than before, but his aura was still there, shocking the audience like a giant Buddha.
Xie Jincheng patted Shi Mo's hand lightly, implying that he should not be nervous, and Shi Mo pulled a big smile to show that he was fine.
The trial began with the gavel of the presiding judge.
The presiding judge said: "Now check the identities of the parties, and ask all parties to state their personal information."
Xie Jincheng first took the appeal letter and read the personal information of * Country, and then talked about his own information: "I am Xie Jincheng, a lawyer from Zhongchen Law Firm, and the agency authority is specially authorized. Permissions are also specially authorized."
The presiding judge checked the newly submitted power of attorney one by one: "Jiang Jing, the appellant's former attorney, has confirmed the revocation of the power of attorney?"
*Guo nodded: "Confirm the revocation, and instead entrust lawyer Xie Jincheng and lawyer Shi Mo."
The presiding judge gave a "hmm" and asked the appellee to state his personal information.
Xie Wen then read out the appellee's information, and then said: "I am Xie Wen, a lawyer from Jintian Law Firm, and my agency is specially authorized."
The presiding judge asked: "Do all parties have any objection to the participation of the other party and litigation participants in this case?"
Xie Wen and Xie Jincheng raised their heads at the same time, as if a flame burst out from their staring eyes, as if they were on the battlefield, the swords were so tense that even the air froze.
In fact, they are the ones who should raise objections. A father and a son happen to be in opposing positions. According to the normal situation, they need to be avoided, but both of them replied: "No objection."
"All parties and litigation participants comply with the legal requirements and can participate in the litigation activities of this case." The presiding judge said, "According to the provisions of Article 130 of the "Civil Procedure Law of the People's Republic of China", this court is here today to openly hear the appellant *State v. Appellee Wucheng Municipal People's Government Enterprise Leasing Contract Dispute..." Then he explained the members of the collegial panel in this case and the rights and obligations of all parties concerned, and after confirming that both parties have no objection, the court formally entered the stage of trial .
"The court investigation will be conducted next. First, the appellant will briefly state the request and reasons."
Shi Mo picked up the petition written by Jiang Jing, and read the important petition and viewpoint: "For the specific facts and reasons, please refer to the "Civil Appeal Petition" for details, and I will not elaborate on it in court. Article No. 11 of the leasing contract signed between the chemical construction plant and *State clearly stipulates that 'after the employees appointed by Party A complete the reasonable production tasks assigned by Party B's enterprise, Party B shall pay the employees' various insurances and insurance fees in accordance with state regulations. ,' That is to say, it is a conditional clause that the appellant shall bear the various insurances and insurance expenses of the employees. We shall bear the insurance expenses of the employees only after the employees are assigned to complete the production tasks of the cement plant. However, the 50 employees in this case He did not participate in the corresponding work and labor, and did not complete the production tasks of our company, so the precondition for the appellant to bear the insurance funds of these 50 employees is not established, and we do not need to bear it.”
The presiding judge took down Shi Mo's supplementary opinion, and then asked, "Does the other lawyer representing the appellant have any other supplementary opinions?"
Xie Jincheng glanced at Shi Mo maliciously, and said in a triumphant tone: "The facts found in the first instance were wrong, and the procedure was illegal. According to the "Reply Letter of the Supreme People's Court on How to Determine the Civil Litigation Status of an Enterprise Legal Person After Its License Is Revoked" According to the regulations, after the business license of an enterprise legal person is revoked, it shall be liquidated in accordance with the law. After the liquidation procedure is completed and the industrial and commercial deregistration is completed, the enterprise legal person will be eliminated. Therefore, after the business license of the enterprise legal person is revoked and before it is deregistered, the The legal person of the enterprise should still be regarded as surviving, and can carry out litigation activities in its own name. In this case, according to the computer consultation form we investigated at the industrial and commercial department, the chemical construction plant was only revoked its business license, and it has not been canceled so far. In order to survive, there is no basis for the municipal government to undertake the creditor's rights and debts of the chemical construction plant. The creditor's rights and debts in this case should be undertaken by the existing chemical construction plant. That is to say, the chemical construction plant should be the plaintiff in this case. Ineligible, the prosecution should be dismissed. The evidence of this computer inquiry form will be submitted at the cross-examination stage."
Damn, this is worse than what he said about not having to bear the obligation to pay insurance premiums!Shi Mo was dumbfounded, and dismissed the lawsuit, which means that the city government has no right to sue and is not qualified to sue. This case cannot be established at all, let alone a trial. No matter how many trials there are, it will be a wrong judgment.Since the case cannot be established, the so-called litigation requiring the country to assume its obligations is purely empty talk.
Xie Wen's face looked as if a soy sauce bottle had been knocked over, which was a bit unpleasant. Once he dismissed the lawsuit, it would be nonsense to say more. If the court adopted Xie Jincheng's proposition, he would definitely lose the case.
After all, he is an old fritters, he is calm in dealing with things, his face is not loose, and he calmly stated his point of view: "We believe that the facts of the first-instance judgment are clear, the procedure is legal, and the judgment is correct. I ask the second-instance court to reject the appellant's appeal." Please, uphold the judgment of the first instance." This is the safest way to say, neither will it be misunderstood by others, nor will you dig a hole for yourself.
The presiding judge continued to preside over the trial: "According to the reasons for the pleadings of both parties, the focus of the dispute summarized by this court is: first, how to determine the cause of action in this case? Second, is the procedure of the first instance illegal? Is the Wucheng Municipal People's Government an eligible plaintiff in the original trial? Third, should *country be responsible for the payment of pension insurance and unemployment insurance for 50 off-duty workers? Do all parties have any objection to the focus of dispute summarized by this court?"
Both parties replied: "No objection."
Presiding judge: "The presiding judge shall now investigate the facts of this case."
The presiding judge asked: "Please refer to the fact finding part of the first review of the judgment. Do you have any objection to the statement in this part? Please express your opinion to the appellant."
Xie Jincheng and Shi Mo looked at each other, they both shook their heads tacitly at the same time, Xie Jincheng replied: "No objection."
Xie Wen has no objection here.
Presiding judge: "Did the appellant submit any new evidence in the second instance?"
Shi Mo didn't find any new evidence, so he stared at him with displeasure, and grinned as he watched Xie Jincheng submit a computer consultation form.
"We submitted a computer inquiry form, which was obtained by us from the Wucheng Industrial and Commercial Department, with the seal of the Industrial and Commercial Department on it, to prove that the chemical construction plant has only been revoked of its business license, and it has not been cancelled. It should be regarded as for survival."
The presiding judge handed over the materials to Xie Wen: "The appellee is requested to issue cross-examination opinions on the evidence submitted by the appellant."
After Xie Wen communicated with the director of the political department in a low voice, he looked into Xie Jincheng's eyes and said, "I have no objection to the authenticity and legality of the evidence, but I have objections to the relevance. Whether the chemical construction plant has been canceled on the industrial and commercial registration, and It does not affect the appellant's obligation to pay insurance, the two are different legal relationships, and the fact that the chemical construction plant has not been deregistered does not mean that the appellant has no obligation to pay insurance for 50 employees."
Shi Mo immediately said: "We will make three additional clarifications. First, the 50 employees involved in the case signed labor contracts with the chemical construction plant and belonged to the chemical construction plant employees. Before the labor contract relationship between the employees and the chemical construction plant was terminated, they were The chemical construction plant shall bear its insurance payment obligation. After the chemical construction plant assigns employees to work in our cement plant, we will instead bear the various expenses of these 50 employees during their work. In fact, we are only helping the chemical construction plant It’s just to pay the expenses. Second, because the 50 employees involved in the case left their posts without authorization or failed to work, according to the lease contract, we don’t need to bear their insurance costs. Third, the chemical construction plant has not been cancelled, and the appellee shall bear its rights There is no basis for the obligation, and we have never seen the relevant documents of the municipal government to undertake the rights and obligations of the chemical plant from the beginning to the end. We have objections to the qualification of the municipal government. If we still want to claim that we should bear the insurance payment Obligations should be claimed by the chemical construction plant, and the government is not a suitable subject of litigation. I have finished adding, and see if lawyer Xie has anything to add." He turned his head to Xie Jincheng with a smile, and the corners of his mouth twitched with satisfaction. Hang a banner on it, and write "You add, add, I've finished talking, let's see what you can add."
Xie Jincheng held his forehead helplessly, and sighed: "I have nothing to add, and lawyer Shi's opinion shall prevail."
The presiding judge asked the appellee: "Do you have any additional comments?"
There seemed to be a dark cloud hanging above Xie Wen's head, and his face was gloomy. In this court trial, what they were comparing was not psychological tactics, but eloquence and ability. Those gestures, expressions, etc. that interfered with the opponent's psychology were superfluous actions. What they needed It is to give full play to one's own strength and show the highest level. Only when the opponent is speechless in the debate is the winner.
Shi Mo spoke in a very orderly manner, with very clear expressions, focused points, and no redundant words. During the mediation of another case last time, he thought that Shi Mo was a sloppy person, and underestimated Shi Mo. Now he is going to face-to-face trial in a serious manner , only to find that Shi Mo's eloquence and ability to perform on the spot are not inferior to the experienced him at all.
Xie Wen said in a deep voice: "We have assigned employees to work in the appellant's cement factory. The contract stipulates that during the working period, the appellant will pay the insurance premiums for the employees. If the employees leave their posts without authorization and refuse to work, it is the appellant's responsibility Management issues, the appellant cannot refuse to pay the insurance premiums that employees should be entitled to because of this.”
"Appointment of employees is a labor contract signed with the chemical construction plant. They belong to the employees of the chemical construction plant, not the employees of the cement plant. The appellant has no rights and obligations to manage them." Xie Jincheng said this to the appellant, but his eyes were Staying on Shi Mo, he looks like you can say it, and I can say it too.
Shi Mo secretly bared his white teeth at him, and rolled his eyes. Xie Jincheng didn't show any expression, but restlessly put his hand under the table, and touched Shi Mo's thigh quietly. They all froze, just when the camera turned to his face, the ferocious face did not frighten the clerk who was staring at the camera system, and his heart beat faster.
"Hmm." Xie Wen glared at the flirting two, reminding them that this is a serious courtroom.
Xie Jincheng groped again, and then stopped. Shi Mo rubbed his thigh, muttered in a low voice that Xie Jincheng was shameless, and cursed him for losing to him in the next round of debate.
After the collegial panel investigated the facts of the case and inquired about the details of the facts, the trial entered the most intense stage of debate.According to the agreement, this round is for Xie Jincheng to express his opinion first, and Shi Mo will add it on the basis of not repeating Xie Jincheng's point of view. This seems to be quite unfavorable to Shi Mo, but they were all cheated by Jiang Jing, Jiang Jing submitted There is a point of view in the petition that they all disagree with.
Jiang Jing believes that this case is a labor dispute, and the subject matter of the dispute is pension insurance and unemployment insurance, which are all within the scope of labor disputes. The cause of the case should not be a dispute over an enterprise lease contract, but a labor dispute.Because of this, the collegial panel will "how to determine the cause of the case" as the focus of controversy.
In fact, if the case is defined as a labor dispute, then the subject of the dispute should be these 50 employees, not the chemical construction plant or the government, and these 50 employees should file the lawsuit in the first instance. Isn't this inconsistent?It's like you borrow from individuals and banks at the same time, and the bank calls for payment, but you claim that this is a personal loan rather than a bank loan, which is fundamentally wrong in nature.
However, the appeal petition is just an attempt by the appellant to save his face. Unless the mistake is hopelessly wrong, if he changes it at will, he will not only face himself, but also bring trouble to the collegiate panel that summarizes the focus of the dispute and the appellee who is responding.It is up to the court to support or not to support the erroneous petition, and the parties themselves, even if they bite the bullet, must insist on their own claims and justify themselves.
Shi Mo admits that his brain hole is too small, and he can't find a suitable reason to help Jiang Jing fill this invincible brain hole, so he really wants to see how Xie Jincheng can help Jiang Jing fill the hole.
In fact, Xie Jincheng also had a headache. When he saw the reason for the appeal, he really wanted to pry Jiang Jing's head open to see which wiring was wrong in this brain circuit, and he actually came up with such an obviously wrong point of view.He couldn't even imagine that he spent twice as much time trying to justify himself as he did on the case.
Xie Jincheng sighed, folded his hands on the table, his expression was indescribable and unpredictable: "First, this case should be a labor dispute. According to the law, labor disputes should first apply to the labor arbitration department for arbitration. If you are dissatisfied, you can sue in the people's court. In this case, 50 employees also filed labor arbitration with the labor arbitration committee, but it was rejected because it was more than two years later and the statute of limitations had expired. The disputes involved in this case are pension insurance and unemployment insurance. Jin, the parties to the dispute are 50 employees, the appellant, and the cement factory, which are all within the scope of the labor law. We believe that the court of first instance should examine whether the performance of the labor contract of the 50 employees meets the conditions for paying insurance money. In this case, a judgment was made again, but the court of first instance did not review it, and there was no basis for judging us to compensate these 50 employees based on the amount of insurance money issued by the labor insurance.”
Shi Mo's heart popped out a capitalized "conciliation". This kind of nonsense and nonsense is beyond anyone's ability. The wrong point of view was mentioned in one sentence, and the reason was not explained. Instead, it was related to other points of view. It really is an old fox. Shameless enough.
Shi Mo bumped Xie Jincheng's leg hard, and immediately looked up at the ceiling pretending to be okay, with an innocent look of "Believe it or not, it was your leg that bumped into it". Xie Jincheng glanced at him, expressionless, but thought of this The account was written down severely, and it will be doubled after waiting for the court hearing.
Xie Jincheng continued to express his point of view: "Second, the evidence we submitted just now shows that the chemical construction plant still exists and has not been cancelled, so the rights and obligations of this case should be undertaken by the existing chemical construction plant, and the appellee is not qualified to be the subject of litigation. , the prosecution should be dismissed." He paused, seeing that Shi Mo was still pretending to be innocent looking around, he didn't show any mercy, "Third, according to the provisions of No. It is the completion of the reasonable production tasks of the enterprise, but in fact, the 11 employees involved in the case left their posts without permission, or refused to work, and did not complete the production tasks, so we do not need to bear the insurance money of the 50 employees involved in the case who are not on duty.”
Damn, it's too much to steal his point of view!Shi Mo's eyes widened, is this old fox's face made of titanium alloy, is it, is it, why is it so thick!This is the point he just made, and the old fox actually snatched it away!
Shi Mo's glasses were as big as a light bulb, and his eyes were comically crossed. If it wasn't for the court, Xie Jincheng really wanted to kiss those eyes and see how bad it could be.
"Another attorney representing the appellant, do you have anything to add?" asked the presiding judge.
Shi Mo gritted his teeth. Fortunately, he was still prepared. He squinted at Xie Jincheng contemptuously, cleared his throat and expressed his prepared point of view: "First, the contract between the chemical construction plant and the cement plant was signed in February 2011, and the appellant In November 2, the chemical construction plant was notified in written form that the appellant would no longer bear the various insurance premiums of these 2011 employees because 11 employees did not take up their posts or left their posts without authorization. The factory already knew that the appellant stopped paying the insurance premiums of these 50 employees. According to the provisions of the Civil Procedure Law of our country, the statute of limitations begins when it knows or should know that its rights have been infringed, so the chemical construction factory should recover within two years of receiving the notice The plaintiff sought the insurance money owed by the appellant, but the lawsuit was not filed until 50, which has long passed the statute of limitations. Second, the 50 employees involved in the case signed a labor relationship contract with the chemical construction plant, not a direct labor relationship with the cement plant. The cement factory does not have the obligation to supervise the employees. When we notified the chemical construction plant of the employee's violation of discipline and the measures to suspend the insurance payment, we have fulfilled the obligation of notification. After the chemical construction plant knew about it, it did not respond The employee should be disposed of, and the consequences arising therefrom should be borne by the chemical construction plant and have nothing to do with us. In summary, the court of second instance is requested to support our claim and amend the judgment according to law. Our supplementary opinions are completed, and we have new opinions to the next A round of debate will be added."
The presiding judge said: "Next, the appellee will make an argument."
Xie Wen's eyes shot out a sharp light, as if he could hide all falsehoods and lies. His voice was particularly thick, as if it was ringing a bell, and the momentum of his opening shocked the audience: "For the appeal The attorney issued the following agency opinions. First, this case is based on the insurance payment obligation stipulated in the lease contract. It is a dispute arising from the contract, not a labor dispute. If the cause of action is set as For disputes, 50 individual employees should file separate lawsuits as the subjects of litigation, and then the court will jointly try the cases based on the facts of the lawsuits. Therefore, it is not inappropriate for the court of first instance to set the cause of action as a dispute over an enterprise lease contract, and the appellant’s claim has no basis.
Second, the time when the chemical construction plant received the written notice from the appellant is not the same as the time when the appellant stopped paying the insurance benefits of 50 employees, let alone the time when these 50 employees knew that their rights and interests had been violated.After the chemical construction factory knew that the appellant had stopped the payment, it negotiated with the appellant many times, but the negotiations failed. For the sake of social effects, the chemical construction factory did not inform the 50 employees about the suspension of the insurance payment, but verbally warned, The admonition, requiring them to work on the job, the chemical construction plant did not dispose of the employees as the appellant said, and the chemical construction plant also made efforts.When the appellant issued the written notice, the insurance payment was not suspended. We also submitted the employee’s witness testimony and wage slips as evidence in the first instance. The chemical construction plant is not clear when the appellant will stop the insurance payment. 50 It was not until shortly before the lawsuit was filed in 2014 that the three employees learned that the insurance benefits had been suspended. Therefore, the statute of limitations for this case should start from January 2014, when 1 employees knew about it. The lawsuit was filed in April 50 and has not yet It should be a legal and valid lawsuit that exceeds the two-year statute of limitations prescribed by law.
Third, the lease contract involved in this case was signed under the principle of equality and voluntariness of both parties, and the content of the contract did not violate the relevant laws and regulations, and the contract should be determined to be legal and valid in accordance with the law.According to the contract, the appellant, as the subject of the lease contract, must bear the insurance premiums for 220 employees during their working period. The appellant should perform this obligation in accordance with the contract. The appellant refused to perform the payment obligation on the grounds that 50 employees were not on duty. , without contractual basis.To sum up, the first-instance judgment found the facts clearly and applied the law correctly. The second-instance trial should reject the appellant's appeal and uphold the first-instance judgment. "
When I came, I knew that Xie Wen would hold on to the erroneous view of labor disputes. Shi Mo's heart was like being on a plane flying in the air, weightless for a while, turbulent for a while, restless, but As soon as Xie Wen finished speaking all the points, the plane in my heart suddenly seemed to encounter a stable air current, and it soared in the free air smoothly and steadily.
Xie Wen did not provide a defense against Xie Jincheng's view that "the government is not the subject of the lawsuit", but only responded to other secondary points.If the government is not a qualified subject of litigation, then the entire case does not exist, and the appellee will lose the case of course, and the appellant will receive all the money from the execution. Xie Wen did not comment on this. Is it his negligence, or He deliberately avoided this sensitive point of view?
In fact, Xie Wen did not miss out on this point of view, but he has clarified his objection on the subject of litigation against the contradiction of labor disputes. If he himself raises objections to Xie Jincheng's point of view on the subject of litigation, he will fall into Xie Jincheng's trap and be punished. Xie Jincheng caught the mistake and attacked at a deeper level - you said that the subject of other people's litigation is wrong, but what about yourself?You don't even have the qualifications to be the subject of litigation, so you have the nerve to say others.
The presiding judge continued to ask: "Do all parties have any new opinions?"
According to the agreement, this time Xie Jincheng published it first, and Shi Mo added later.Xie Jincheng glanced at the notes made in court just now and said: "This attorney only adds one point, and the rest depends on whether the lawyer has added anything. It is not stipulated in the contract that we will bear the insurance costs regardless of whether the employees are on duty or not. It is only agreed The insurance premiums are paid only after the production tasks assigned by the company are completed. If the employees are not on duty, the work tasks will definitely not be completed, so our preconditions for paying the insurance premiums will not be fulfilled. This agent’s supplementary opinions are completed.”
Why did you just express a point of view, there are obviously many points to add, oh, Xie Jincheng must have deliberately released water, looking down on me!Shi Mo raised his nose, cast a contemptuous look at Xie Jincheng provocatively, put down the notebook in his hand, and stared sharply at the two people opposite him, and the words became a chapter: "First, our side in 2011 In December, when the insurance benefits of the employees involved in the case were actually suspended, a written notice was sent to the chemical construction plant by EMS express. The evidence submitted in the first instance proved that the chemical construction plant had signed for the notice on December 12, 2011. From this day on, I learned about our suspension of insurance payments. According to the principle of "whoever makes the claim, he must provide evidence" in the Civil Procedure Law, we have completed the corresponding obligation of proof, so the appellee claims that the chemical construction plant has no specific compensation for the suspension. They did not know when the insurance benefits were paid, so evidence should be provided to prove their claim. Moreover, due to the consideration of social effects, the chemical construction plant concealed the fact that the employees were suspended. As a result, the employees only learned about it after two years. The consequences of concealing from the employees should not be passed on to us. Second, the procedure of the first instance was illegal. The document affirms that the municipal government has the rights and obligations to undertake the chemical construction plant, and that the municipal government is qualified as the subject of litigation, which is not appropriate. The subject of litigation in this case should be the chemical construction plant that has not yet been cancelled. Second..."
Shi Mo opened the evidence book, pointed to the signature on the lease contract, and said word by word: "The collegial panel should pay attention to the lease contract in this case. Although the first part of the contract clearly states that the lessee is the country *, the final payment is the cement factory, and the country * is legal Signed by the identity of the representative. Judging from the government documents, the lessee is also a cement plant, and Party B in the "Agreement" signed with the chemical construction plant to terminate the lease contract in 2014 is also a cement plant. It can be seen that since this case is based on lease If the lawsuit is filed only after the contractual relationship, the defendant should be the cement factory, not the country, and the defendant is not qualified, so the lawsuit should be dismissed. We have finished expressing our opinions, and we will submit written agency statements after the court to supplement the specific opinions. The written proxy shall prevail."
The trial court suddenly fell into a deathly silence, and Shi Mo's point of view was like an explosive explosion, piercing everyone's heart with unpreventable penetrating power. A sensational influence on the audience.
Xie Jincheng looked at Shi Mo in surprise, Xie Wen opened his eyes wide in surprise, the expressions of both of them were indescribably complicated.From the beginning to the end, they were arguing whether the city government had the qualifications to file a lawsuit, and whether the *country should pay the insurance money, but they didn't find out that the defendant in this case was wrong!Because the first part of the contract clearly states that the lessee is the country *, and the cement factory is a company without personality, the insurance money should be borne by the legal representative of the country *, so they have drawn the cement factory and the country * in their minds. It's about equal, but I didn't expect that from various evidences, the insurance money should be claimed from the cement factory, not from the * country itself.
Since the defendant was wrong, from the standpoint of *country, this case has nothing to do with *country himself, and if another case is prosecuted in the future, it should also sue the cement factory.Compared with Xie Jincheng's point of view of dismissing the lawsuit, Shi Mo's point of view is more beneficial to the appellee-even if the city government is dismissed, it can also be replaced by a chemical construction plant to sue, but if China is not an eligible defendant, then Whoever the plaintiff is, has nothing to do with my country. Although the cement factory belongs to my country, if I transfer the cement factory, I have nothing to do with the lawsuit.
Xie Wen’s hands trembling slightly, Xie Jincheng claimed that the plaintiff was wrong, and Shi Mo claimed that the defendant was wrong. If the court supports the views of these two, the whole case will be invalid. , There is no meaning of existence at all. Once the main premise is wrong, the court does not have to worry about whether the views of both parties should be adopted, whether the evidence is solid, and the prosecution can be dismissed directly.
Xie Wen's mind went blank. The city government has no qualifications to sue. It can also be sued by the chemical construction plant, or it can produce evidence to prove that the chemical construction plant has actually been cancelled. What about the accused?Their side will have to start from scratch, suing the cement plant, and their previous work, litigation fees, and lawyer fees will be in vain. The impact on them cannot be described in a few words.
Xie Wen made a mistake for the first time, so that when the presiding judge asked him if he had any additional comments, he didn't hear it. It was only when the director touched him that he came back to his senses.
However, when the words came to his lips, he didn't know how to refute, saying that the signature on the lease contract was fake, and the seal of the cement factory was also fake?That is equivalent to saying that the contract is invalid. Since the contract is invalid, the prerequisites for this lawsuit are not met, so what is the lawsuit?Then it is said that the * country has signed it, so it is deemed that he has the obligation to pay?However, the contract and a series of evidence show that the actual lessee is the cement plant, not the * country, and the * country is not the counterparty of the contract, so it has no obligation to pay.Even if you don’t mention the matter of reporting to the wrong country, regarding Shimo’s first point of view, there is evidence that the chemical construction plant has signed the notice to stop the insurance payment, so it is difficult to refute that the chemical construction plant did not receive it, and it is a shame. deny?It's a shame.
With thousands of words stuck in his throat, Xie Wen took a deep breath and closed his eyes with regret: "We have no additional comments."
He lost the trial.
Not only did he lose to his eldest son, but he also lost to someone he had always looked down upon before.
He felt that he was really old.For so many years in the legal profession, I have almost never tasted a defeat, so that I have become narrow-minded, thinking that I am an unshakable giant mountain, supporting the legal profession, but I can't see that there are more mountains beyond the sky and the earth. The towering mountain, with its unstoppable momentum, is higher than the sky.
In this battle, he lost completely, and also lost... he was convinced.
The future should be given to young people.
From the time the appellant came in, the entire trial court was filled with an indescribable sense of tension. The air factor was like being in outer space, so thin that it was difficult to breathe.
The person who was appealed was the director of the political department. Shi Mo could only say that he was worthy of being a member of the government department. He sat down and felt that the lights were moving closer to him. Fortunately, he was not a lawyer, otherwise his aura alone would It can be shocking.Xie Wen probably hadn't recuperated well, his face was a little pale, a little less fierce than before, but his aura was still there, shocking the audience like a giant Buddha.
Xie Jincheng patted Shi Mo's hand lightly, implying that he should not be nervous, and Shi Mo pulled a big smile to show that he was fine.
The trial began with the gavel of the presiding judge.
The presiding judge said: "Now check the identities of the parties, and ask all parties to state their personal information."
Xie Jincheng first took the appeal letter and read the personal information of * Country, and then talked about his own information: "I am Xie Jincheng, a lawyer from Zhongchen Law Firm, and the agency authority is specially authorized. Permissions are also specially authorized."
The presiding judge checked the newly submitted power of attorney one by one: "Jiang Jing, the appellant's former attorney, has confirmed the revocation of the power of attorney?"
*Guo nodded: "Confirm the revocation, and instead entrust lawyer Xie Jincheng and lawyer Shi Mo."
The presiding judge gave a "hmm" and asked the appellee to state his personal information.
Xie Wen then read out the appellee's information, and then said: "I am Xie Wen, a lawyer from Jintian Law Firm, and my agency is specially authorized."
The presiding judge asked: "Do all parties have any objection to the participation of the other party and litigation participants in this case?"
Xie Wen and Xie Jincheng raised their heads at the same time, as if a flame burst out from their staring eyes, as if they were on the battlefield, the swords were so tense that even the air froze.
In fact, they are the ones who should raise objections. A father and a son happen to be in opposing positions. According to the normal situation, they need to be avoided, but both of them replied: "No objection."
"All parties and litigation participants comply with the legal requirements and can participate in the litigation activities of this case." The presiding judge said, "According to the provisions of Article 130 of the "Civil Procedure Law of the People's Republic of China", this court is here today to openly hear the appellant *State v. Appellee Wucheng Municipal People's Government Enterprise Leasing Contract Dispute..." Then he explained the members of the collegial panel in this case and the rights and obligations of all parties concerned, and after confirming that both parties have no objection, the court formally entered the stage of trial .
"The court investigation will be conducted next. First, the appellant will briefly state the request and reasons."
Shi Mo picked up the petition written by Jiang Jing, and read the important petition and viewpoint: "For the specific facts and reasons, please refer to the "Civil Appeal Petition" for details, and I will not elaborate on it in court. Article No. 11 of the leasing contract signed between the chemical construction plant and *State clearly stipulates that 'after the employees appointed by Party A complete the reasonable production tasks assigned by Party B's enterprise, Party B shall pay the employees' various insurances and insurance fees in accordance with state regulations. ,' That is to say, it is a conditional clause that the appellant shall bear the various insurances and insurance expenses of the employees. We shall bear the insurance expenses of the employees only after the employees are assigned to complete the production tasks of the cement plant. However, the 50 employees in this case He did not participate in the corresponding work and labor, and did not complete the production tasks of our company, so the precondition for the appellant to bear the insurance funds of these 50 employees is not established, and we do not need to bear it.”
The presiding judge took down Shi Mo's supplementary opinion, and then asked, "Does the other lawyer representing the appellant have any other supplementary opinions?"
Xie Jincheng glanced at Shi Mo maliciously, and said in a triumphant tone: "The facts found in the first instance were wrong, and the procedure was illegal. According to the "Reply Letter of the Supreme People's Court on How to Determine the Civil Litigation Status of an Enterprise Legal Person After Its License Is Revoked" According to the regulations, after the business license of an enterprise legal person is revoked, it shall be liquidated in accordance with the law. After the liquidation procedure is completed and the industrial and commercial deregistration is completed, the enterprise legal person will be eliminated. Therefore, after the business license of the enterprise legal person is revoked and before it is deregistered, the The legal person of the enterprise should still be regarded as surviving, and can carry out litigation activities in its own name. In this case, according to the computer consultation form we investigated at the industrial and commercial department, the chemical construction plant was only revoked its business license, and it has not been canceled so far. In order to survive, there is no basis for the municipal government to undertake the creditor's rights and debts of the chemical construction plant. The creditor's rights and debts in this case should be undertaken by the existing chemical construction plant. That is to say, the chemical construction plant should be the plaintiff in this case. Ineligible, the prosecution should be dismissed. The evidence of this computer inquiry form will be submitted at the cross-examination stage."
Damn, this is worse than what he said about not having to bear the obligation to pay insurance premiums!Shi Mo was dumbfounded, and dismissed the lawsuit, which means that the city government has no right to sue and is not qualified to sue. This case cannot be established at all, let alone a trial. No matter how many trials there are, it will be a wrong judgment.Since the case cannot be established, the so-called litigation requiring the country to assume its obligations is purely empty talk.
Xie Wen's face looked as if a soy sauce bottle had been knocked over, which was a bit unpleasant. Once he dismissed the lawsuit, it would be nonsense to say more. If the court adopted Xie Jincheng's proposition, he would definitely lose the case.
After all, he is an old fritters, he is calm in dealing with things, his face is not loose, and he calmly stated his point of view: "We believe that the facts of the first-instance judgment are clear, the procedure is legal, and the judgment is correct. I ask the second-instance court to reject the appellant's appeal." Please, uphold the judgment of the first instance." This is the safest way to say, neither will it be misunderstood by others, nor will you dig a hole for yourself.
The presiding judge continued to preside over the trial: "According to the reasons for the pleadings of both parties, the focus of the dispute summarized by this court is: first, how to determine the cause of action in this case? Second, is the procedure of the first instance illegal? Is the Wucheng Municipal People's Government an eligible plaintiff in the original trial? Third, should *country be responsible for the payment of pension insurance and unemployment insurance for 50 off-duty workers? Do all parties have any objection to the focus of dispute summarized by this court?"
Both parties replied: "No objection."
Presiding judge: "The presiding judge shall now investigate the facts of this case."
The presiding judge asked: "Please refer to the fact finding part of the first review of the judgment. Do you have any objection to the statement in this part? Please express your opinion to the appellant."
Xie Jincheng and Shi Mo looked at each other, they both shook their heads tacitly at the same time, Xie Jincheng replied: "No objection."
Xie Wen has no objection here.
Presiding judge: "Did the appellant submit any new evidence in the second instance?"
Shi Mo didn't find any new evidence, so he stared at him with displeasure, and grinned as he watched Xie Jincheng submit a computer consultation form.
"We submitted a computer inquiry form, which was obtained by us from the Wucheng Industrial and Commercial Department, with the seal of the Industrial and Commercial Department on it, to prove that the chemical construction plant has only been revoked of its business license, and it has not been cancelled. It should be regarded as for survival."
The presiding judge handed over the materials to Xie Wen: "The appellee is requested to issue cross-examination opinions on the evidence submitted by the appellant."
After Xie Wen communicated with the director of the political department in a low voice, he looked into Xie Jincheng's eyes and said, "I have no objection to the authenticity and legality of the evidence, but I have objections to the relevance. Whether the chemical construction plant has been canceled on the industrial and commercial registration, and It does not affect the appellant's obligation to pay insurance, the two are different legal relationships, and the fact that the chemical construction plant has not been deregistered does not mean that the appellant has no obligation to pay insurance for 50 employees."
Shi Mo immediately said: "We will make three additional clarifications. First, the 50 employees involved in the case signed labor contracts with the chemical construction plant and belonged to the chemical construction plant employees. Before the labor contract relationship between the employees and the chemical construction plant was terminated, they were The chemical construction plant shall bear its insurance payment obligation. After the chemical construction plant assigns employees to work in our cement plant, we will instead bear the various expenses of these 50 employees during their work. In fact, we are only helping the chemical construction plant It’s just to pay the expenses. Second, because the 50 employees involved in the case left their posts without authorization or failed to work, according to the lease contract, we don’t need to bear their insurance costs. Third, the chemical construction plant has not been cancelled, and the appellee shall bear its rights There is no basis for the obligation, and we have never seen the relevant documents of the municipal government to undertake the rights and obligations of the chemical plant from the beginning to the end. We have objections to the qualification of the municipal government. If we still want to claim that we should bear the insurance payment Obligations should be claimed by the chemical construction plant, and the government is not a suitable subject of litigation. I have finished adding, and see if lawyer Xie has anything to add." He turned his head to Xie Jincheng with a smile, and the corners of his mouth twitched with satisfaction. Hang a banner on it, and write "You add, add, I've finished talking, let's see what you can add."
Xie Jincheng held his forehead helplessly, and sighed: "I have nothing to add, and lawyer Shi's opinion shall prevail."
The presiding judge asked the appellee: "Do you have any additional comments?"
There seemed to be a dark cloud hanging above Xie Wen's head, and his face was gloomy. In this court trial, what they were comparing was not psychological tactics, but eloquence and ability. Those gestures, expressions, etc. that interfered with the opponent's psychology were superfluous actions. What they needed It is to give full play to one's own strength and show the highest level. Only when the opponent is speechless in the debate is the winner.
Shi Mo spoke in a very orderly manner, with very clear expressions, focused points, and no redundant words. During the mediation of another case last time, he thought that Shi Mo was a sloppy person, and underestimated Shi Mo. Now he is going to face-to-face trial in a serious manner , only to find that Shi Mo's eloquence and ability to perform on the spot are not inferior to the experienced him at all.
Xie Wen said in a deep voice: "We have assigned employees to work in the appellant's cement factory. The contract stipulates that during the working period, the appellant will pay the insurance premiums for the employees. If the employees leave their posts without authorization and refuse to work, it is the appellant's responsibility Management issues, the appellant cannot refuse to pay the insurance premiums that employees should be entitled to because of this.”
"Appointment of employees is a labor contract signed with the chemical construction plant. They belong to the employees of the chemical construction plant, not the employees of the cement plant. The appellant has no rights and obligations to manage them." Xie Jincheng said this to the appellant, but his eyes were Staying on Shi Mo, he looks like you can say it, and I can say it too.
Shi Mo secretly bared his white teeth at him, and rolled his eyes. Xie Jincheng didn't show any expression, but restlessly put his hand under the table, and touched Shi Mo's thigh quietly. They all froze, just when the camera turned to his face, the ferocious face did not frighten the clerk who was staring at the camera system, and his heart beat faster.
"Hmm." Xie Wen glared at the flirting two, reminding them that this is a serious courtroom.
Xie Jincheng groped again, and then stopped. Shi Mo rubbed his thigh, muttered in a low voice that Xie Jincheng was shameless, and cursed him for losing to him in the next round of debate.
After the collegial panel investigated the facts of the case and inquired about the details of the facts, the trial entered the most intense stage of debate.According to the agreement, this round is for Xie Jincheng to express his opinion first, and Shi Mo will add it on the basis of not repeating Xie Jincheng's point of view. This seems to be quite unfavorable to Shi Mo, but they were all cheated by Jiang Jing, Jiang Jing submitted There is a point of view in the petition that they all disagree with.
Jiang Jing believes that this case is a labor dispute, and the subject matter of the dispute is pension insurance and unemployment insurance, which are all within the scope of labor disputes. The cause of the case should not be a dispute over an enterprise lease contract, but a labor dispute.Because of this, the collegial panel will "how to determine the cause of the case" as the focus of controversy.
In fact, if the case is defined as a labor dispute, then the subject of the dispute should be these 50 employees, not the chemical construction plant or the government, and these 50 employees should file the lawsuit in the first instance. Isn't this inconsistent?It's like you borrow from individuals and banks at the same time, and the bank calls for payment, but you claim that this is a personal loan rather than a bank loan, which is fundamentally wrong in nature.
However, the appeal petition is just an attempt by the appellant to save his face. Unless the mistake is hopelessly wrong, if he changes it at will, he will not only face himself, but also bring trouble to the collegiate panel that summarizes the focus of the dispute and the appellee who is responding.It is up to the court to support or not to support the erroneous petition, and the parties themselves, even if they bite the bullet, must insist on their own claims and justify themselves.
Shi Mo admits that his brain hole is too small, and he can't find a suitable reason to help Jiang Jing fill this invincible brain hole, so he really wants to see how Xie Jincheng can help Jiang Jing fill the hole.
In fact, Xie Jincheng also had a headache. When he saw the reason for the appeal, he really wanted to pry Jiang Jing's head open to see which wiring was wrong in this brain circuit, and he actually came up with such an obviously wrong point of view.He couldn't even imagine that he spent twice as much time trying to justify himself as he did on the case.
Xie Jincheng sighed, folded his hands on the table, his expression was indescribable and unpredictable: "First, this case should be a labor dispute. According to the law, labor disputes should first apply to the labor arbitration department for arbitration. If you are dissatisfied, you can sue in the people's court. In this case, 50 employees also filed labor arbitration with the labor arbitration committee, but it was rejected because it was more than two years later and the statute of limitations had expired. The disputes involved in this case are pension insurance and unemployment insurance. Jin, the parties to the dispute are 50 employees, the appellant, and the cement factory, which are all within the scope of the labor law. We believe that the court of first instance should examine whether the performance of the labor contract of the 50 employees meets the conditions for paying insurance money. In this case, a judgment was made again, but the court of first instance did not review it, and there was no basis for judging us to compensate these 50 employees based on the amount of insurance money issued by the labor insurance.”
Shi Mo's heart popped out a capitalized "conciliation". This kind of nonsense and nonsense is beyond anyone's ability. The wrong point of view was mentioned in one sentence, and the reason was not explained. Instead, it was related to other points of view. It really is an old fox. Shameless enough.
Shi Mo bumped Xie Jincheng's leg hard, and immediately looked up at the ceiling pretending to be okay, with an innocent look of "Believe it or not, it was your leg that bumped into it". Xie Jincheng glanced at him, expressionless, but thought of this The account was written down severely, and it will be doubled after waiting for the court hearing.
Xie Jincheng continued to express his point of view: "Second, the evidence we submitted just now shows that the chemical construction plant still exists and has not been cancelled, so the rights and obligations of this case should be undertaken by the existing chemical construction plant, and the appellee is not qualified to be the subject of litigation. , the prosecution should be dismissed." He paused, seeing that Shi Mo was still pretending to be innocent looking around, he didn't show any mercy, "Third, according to the provisions of No. It is the completion of the reasonable production tasks of the enterprise, but in fact, the 11 employees involved in the case left their posts without permission, or refused to work, and did not complete the production tasks, so we do not need to bear the insurance money of the 50 employees involved in the case who are not on duty.”
Damn, it's too much to steal his point of view!Shi Mo's eyes widened, is this old fox's face made of titanium alloy, is it, is it, why is it so thick!This is the point he just made, and the old fox actually snatched it away!
Shi Mo's glasses were as big as a light bulb, and his eyes were comically crossed. If it wasn't for the court, Xie Jincheng really wanted to kiss those eyes and see how bad it could be.
"Another attorney representing the appellant, do you have anything to add?" asked the presiding judge.
Shi Mo gritted his teeth. Fortunately, he was still prepared. He squinted at Xie Jincheng contemptuously, cleared his throat and expressed his prepared point of view: "First, the contract between the chemical construction plant and the cement plant was signed in February 2011, and the appellant In November 2, the chemical construction plant was notified in written form that the appellant would no longer bear the various insurance premiums of these 2011 employees because 11 employees did not take up their posts or left their posts without authorization. The factory already knew that the appellant stopped paying the insurance premiums of these 50 employees. According to the provisions of the Civil Procedure Law of our country, the statute of limitations begins when it knows or should know that its rights have been infringed, so the chemical construction factory should recover within two years of receiving the notice The plaintiff sought the insurance money owed by the appellant, but the lawsuit was not filed until 50, which has long passed the statute of limitations. Second, the 50 employees involved in the case signed a labor relationship contract with the chemical construction plant, not a direct labor relationship with the cement plant. The cement factory does not have the obligation to supervise the employees. When we notified the chemical construction plant of the employee's violation of discipline and the measures to suspend the insurance payment, we have fulfilled the obligation of notification. After the chemical construction plant knew about it, it did not respond The employee should be disposed of, and the consequences arising therefrom should be borne by the chemical construction plant and have nothing to do with us. In summary, the court of second instance is requested to support our claim and amend the judgment according to law. Our supplementary opinions are completed, and we have new opinions to the next A round of debate will be added."
The presiding judge said: "Next, the appellee will make an argument."
Xie Wen's eyes shot out a sharp light, as if he could hide all falsehoods and lies. His voice was particularly thick, as if it was ringing a bell, and the momentum of his opening shocked the audience: "For the appeal The attorney issued the following agency opinions. First, this case is based on the insurance payment obligation stipulated in the lease contract. It is a dispute arising from the contract, not a labor dispute. If the cause of action is set as For disputes, 50 individual employees should file separate lawsuits as the subjects of litigation, and then the court will jointly try the cases based on the facts of the lawsuits. Therefore, it is not inappropriate for the court of first instance to set the cause of action as a dispute over an enterprise lease contract, and the appellant’s claim has no basis.
Second, the time when the chemical construction plant received the written notice from the appellant is not the same as the time when the appellant stopped paying the insurance benefits of 50 employees, let alone the time when these 50 employees knew that their rights and interests had been violated.After the chemical construction factory knew that the appellant had stopped the payment, it negotiated with the appellant many times, but the negotiations failed. For the sake of social effects, the chemical construction factory did not inform the 50 employees about the suspension of the insurance payment, but verbally warned, The admonition, requiring them to work on the job, the chemical construction plant did not dispose of the employees as the appellant said, and the chemical construction plant also made efforts.When the appellant issued the written notice, the insurance payment was not suspended. We also submitted the employee’s witness testimony and wage slips as evidence in the first instance. The chemical construction plant is not clear when the appellant will stop the insurance payment. 50 It was not until shortly before the lawsuit was filed in 2014 that the three employees learned that the insurance benefits had been suspended. Therefore, the statute of limitations for this case should start from January 2014, when 1 employees knew about it. The lawsuit was filed in April 50 and has not yet It should be a legal and valid lawsuit that exceeds the two-year statute of limitations prescribed by law.
Third, the lease contract involved in this case was signed under the principle of equality and voluntariness of both parties, and the content of the contract did not violate the relevant laws and regulations, and the contract should be determined to be legal and valid in accordance with the law.According to the contract, the appellant, as the subject of the lease contract, must bear the insurance premiums for 220 employees during their working period. The appellant should perform this obligation in accordance with the contract. The appellant refused to perform the payment obligation on the grounds that 50 employees were not on duty. , without contractual basis.To sum up, the first-instance judgment found the facts clearly and applied the law correctly. The second-instance trial should reject the appellant's appeal and uphold the first-instance judgment. "
When I came, I knew that Xie Wen would hold on to the erroneous view of labor disputes. Shi Mo's heart was like being on a plane flying in the air, weightless for a while, turbulent for a while, restless, but As soon as Xie Wen finished speaking all the points, the plane in my heart suddenly seemed to encounter a stable air current, and it soared in the free air smoothly and steadily.
Xie Wen did not provide a defense against Xie Jincheng's view that "the government is not the subject of the lawsuit", but only responded to other secondary points.If the government is not a qualified subject of litigation, then the entire case does not exist, and the appellee will lose the case of course, and the appellant will receive all the money from the execution. Xie Wen did not comment on this. Is it his negligence, or He deliberately avoided this sensitive point of view?
In fact, Xie Wen did not miss out on this point of view, but he has clarified his objection on the subject of litigation against the contradiction of labor disputes. If he himself raises objections to Xie Jincheng's point of view on the subject of litigation, he will fall into Xie Jincheng's trap and be punished. Xie Jincheng caught the mistake and attacked at a deeper level - you said that the subject of other people's litigation is wrong, but what about yourself?You don't even have the qualifications to be the subject of litigation, so you have the nerve to say others.
The presiding judge continued to ask: "Do all parties have any new opinions?"
According to the agreement, this time Xie Jincheng published it first, and Shi Mo added later.Xie Jincheng glanced at the notes made in court just now and said: "This attorney only adds one point, and the rest depends on whether the lawyer has added anything. It is not stipulated in the contract that we will bear the insurance costs regardless of whether the employees are on duty or not. It is only agreed The insurance premiums are paid only after the production tasks assigned by the company are completed. If the employees are not on duty, the work tasks will definitely not be completed, so our preconditions for paying the insurance premiums will not be fulfilled. This agent’s supplementary opinions are completed.”
Why did you just express a point of view, there are obviously many points to add, oh, Xie Jincheng must have deliberately released water, looking down on me!Shi Mo raised his nose, cast a contemptuous look at Xie Jincheng provocatively, put down the notebook in his hand, and stared sharply at the two people opposite him, and the words became a chapter: "First, our side in 2011 In December, when the insurance benefits of the employees involved in the case were actually suspended, a written notice was sent to the chemical construction plant by EMS express. The evidence submitted in the first instance proved that the chemical construction plant had signed for the notice on December 12, 2011. From this day on, I learned about our suspension of insurance payments. According to the principle of "whoever makes the claim, he must provide evidence" in the Civil Procedure Law, we have completed the corresponding obligation of proof, so the appellee claims that the chemical construction plant has no specific compensation for the suspension. They did not know when the insurance benefits were paid, so evidence should be provided to prove their claim. Moreover, due to the consideration of social effects, the chemical construction plant concealed the fact that the employees were suspended. As a result, the employees only learned about it after two years. The consequences of concealing from the employees should not be passed on to us. Second, the procedure of the first instance was illegal. The document affirms that the municipal government has the rights and obligations to undertake the chemical construction plant, and that the municipal government is qualified as the subject of litigation, which is not appropriate. The subject of litigation in this case should be the chemical construction plant that has not yet been cancelled. Second..."
Shi Mo opened the evidence book, pointed to the signature on the lease contract, and said word by word: "The collegial panel should pay attention to the lease contract in this case. Although the first part of the contract clearly states that the lessee is the country *, the final payment is the cement factory, and the country * is legal Signed by the identity of the representative. Judging from the government documents, the lessee is also a cement plant, and Party B in the "Agreement" signed with the chemical construction plant to terminate the lease contract in 2014 is also a cement plant. It can be seen that since this case is based on lease If the lawsuit is filed only after the contractual relationship, the defendant should be the cement factory, not the country, and the defendant is not qualified, so the lawsuit should be dismissed. We have finished expressing our opinions, and we will submit written agency statements after the court to supplement the specific opinions. The written proxy shall prevail."
The trial court suddenly fell into a deathly silence, and Shi Mo's point of view was like an explosive explosion, piercing everyone's heart with unpreventable penetrating power. A sensational influence on the audience.
Xie Jincheng looked at Shi Mo in surprise, Xie Wen opened his eyes wide in surprise, the expressions of both of them were indescribably complicated.From the beginning to the end, they were arguing whether the city government had the qualifications to file a lawsuit, and whether the *country should pay the insurance money, but they didn't find out that the defendant in this case was wrong!Because the first part of the contract clearly states that the lessee is the country *, and the cement factory is a company without personality, the insurance money should be borne by the legal representative of the country *, so they have drawn the cement factory and the country * in their minds. It's about equal, but I didn't expect that from various evidences, the insurance money should be claimed from the cement factory, not from the * country itself.
Since the defendant was wrong, from the standpoint of *country, this case has nothing to do with *country himself, and if another case is prosecuted in the future, it should also sue the cement factory.Compared with Xie Jincheng's point of view of dismissing the lawsuit, Shi Mo's point of view is more beneficial to the appellee-even if the city government is dismissed, it can also be replaced by a chemical construction plant to sue, but if China is not an eligible defendant, then Whoever the plaintiff is, has nothing to do with my country. Although the cement factory belongs to my country, if I transfer the cement factory, I have nothing to do with the lawsuit.
Xie Wen’s hands trembling slightly, Xie Jincheng claimed that the plaintiff was wrong, and Shi Mo claimed that the defendant was wrong. If the court supports the views of these two, the whole case will be invalid. , There is no meaning of existence at all. Once the main premise is wrong, the court does not have to worry about whether the views of both parties should be adopted, whether the evidence is solid, and the prosecution can be dismissed directly.
Xie Wen's mind went blank. The city government has no qualifications to sue. It can also be sued by the chemical construction plant, or it can produce evidence to prove that the chemical construction plant has actually been cancelled. What about the accused?Their side will have to start from scratch, suing the cement plant, and their previous work, litigation fees, and lawyer fees will be in vain. The impact on them cannot be described in a few words.
Xie Wen made a mistake for the first time, so that when the presiding judge asked him if he had any additional comments, he didn't hear it. It was only when the director touched him that he came back to his senses.
However, when the words came to his lips, he didn't know how to refute, saying that the signature on the lease contract was fake, and the seal of the cement factory was also fake?That is equivalent to saying that the contract is invalid. Since the contract is invalid, the prerequisites for this lawsuit are not met, so what is the lawsuit?Then it is said that the * country has signed it, so it is deemed that he has the obligation to pay?However, the contract and a series of evidence show that the actual lessee is the cement plant, not the * country, and the * country is not the counterparty of the contract, so it has no obligation to pay.Even if you don’t mention the matter of reporting to the wrong country, regarding Shimo’s first point of view, there is evidence that the chemical construction plant has signed the notice to stop the insurance payment, so it is difficult to refute that the chemical construction plant did not receive it, and it is a shame. deny?It's a shame.
With thousands of words stuck in his throat, Xie Wen took a deep breath and closed his eyes with regret: "We have no additional comments."
He lost the trial.
Not only did he lose to his eldest son, but he also lost to someone he had always looked down upon before.
He felt that he was really old.For so many years in the legal profession, I have almost never tasted a defeat, so that I have become narrow-minded, thinking that I am an unshakable giant mountain, supporting the legal profession, but I can't see that there are more mountains beyond the sky and the earth. The towering mountain, with its unstoppable momentum, is higher than the sky.
In this battle, he lost completely, and also lost... he was convinced.
The future should be given to young people.
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