From Pokfulam to Central

As a trainee lawyer, Qu Zhi is not yet able to practice independently and can only act as an assistant behind the lawyers in charge. However, Jingda Investment Development Co., Ltd. v. Qin Jian and Cao Lijun in a private loan dispute case is an exception.In this case, although Qu Zhi was still Li Yan's assistant in name, he was actually in charge of almost all the work of the entire case from acceptance to trial.The object of this case was not big, and the reason Li Yan took it was because he and the boss of the plaintiff company had some personal relationships on a daily basis, so it was not easy to shirk it.

"It's fine for you to speak after the court session," Li Yan sat on the seat of the plaintiff's attorney, and said to Qu Zhi beside him while flipping through the materials of other cases: "This case is simple, you just need to practice your hand."

Ever since Cao Lijun appeared in the dock, Qu Zhi had noticed the black cuff on her right arm, thinking that she hadn't seen her wearing it when trying to mediate in private before filing the case, he was a little dazed for a while, and he didn't react until a while later. Come over to what Li Yan said to himself, he quickly responded: "Oh, yes, thank you Li Lu."

Li Yan noticed the expression on Qu Zhi's face, and he did not hesitate to explain, "Her mother had a car accident on the way to pick up the child from school. The old man died on the spot, and the child was seriously injured. He is still in the hospital."

Qu Zhi opened his mouth in surprise, but couldn't make a sound, just at this moment the gavel of the trial was struck.

Defendant Qin Jian did not appear in court. According to relevant laws and regulations, the court can hear the case in absentia. Defendant Cao Lijun and Qin Jian are husband and wife, and the judge is currently checking her identity information according to procedures.

Li Yan put down the irrelevant documents in his hands, and glanced at Qu Zhi, who seemed to be wandering, thinking that he was worried about something, "You don't have to worry, anyway, you have already applied for property preservation before the lawsuit, and the execution of the judgment will not be a big problem. "

Qu Zhi nodded stiffly, and then followed the procedure to start the party's statement first.

"The plaintiff's claims and factual reasons." Seeing that Qu Zhi's statement had ended, the judge turned his head to Cao Lijun, "Did the defendant hear everything clearly? If you have heard clearly, you can start your defense."

Cao Lijun stood up tremblingly. She couldn't afford a lawyer, so she could only respond to the lawsuit by herself. The prepared manuscript in her hand was already crumpled. "Your Honor, I, I disagree..."

"Defendant, you don't need to stand up." The judge's tone was a bit cold because it was not mixed with any emotion.

Cao Lijun had no choice but to sit down again, but it was more like a thorn in her back, "Well, that IOU was signed by Qin Jian. I don't know about his borrowing money. I didn't borrow money. If I didn't borrow it, I shouldn't be asked to pay it back..."

Cao Lijun's volume became smaller and smaller, and finally she lost her voice.The judge waited for her in silence for more than half a minute. Seeing that she seemed to have nothing to say, he finally opened his mouth to confirm: "Defendant, is your defense over?"

Cao Lijun really hesitated, but she really didn't know what else to say, so she nodded dumbly in the end.

The judge glanced at her, seemingly impatient, "Speak, is it over?"

Cao Lijun had no choice but to answer obediently: "It's over."

"Then enter the stage of proof and cross-examination, plaintiff, tell me the name of the evidence and the purpose of the proof."

"Good judge," Qu Zhi reopened the microphone in front of him, "Evidence No. 100 is the loan contract signed by the plaintiff and defendant Qin Jian, which shows that the defendant borrowed [-] million yuan from the plaintiff on January [-], [-]. It is used for the daily operation of Xinxin Commissary, the loan period is six months, and the monthly interest is [-]%."

"Evidence No. 120 is the bank transfer certificate for the plaintiff to transfer money to the defendant. Evidence No. [-] is the expense certificate for property preservation before the lawsuit. Evidence No. [-] is the expense certificate for the plaintiff entrusting Beijing Xinjie Law Firm to represent the lawsuit. No. [-] to No. [-] The evidence jointly proves that the defendant should pay the plaintiff a total of RMB [-]."

"Evidence No. [-] is the marriage certificate of Qin Jian and Cao Lijun, which proves that they are husband and wife; Evidence No. [-] is the business license of individual industrial and commercial households of Xinxin Commodities in Chaoyang District, Beijing, which proves that Qin Jian is the applicant for registration, and that Cao Lijun is among the operators. column, the form of composition of the individual industrial and commercial households is family business."

Cao Lijun was in a daze after hearing this, she didn't know how to cross-examine, let alone produce evidence, she just repeated over and over again with more and more excitement: "Comrade judge, I really don't know about Qin Jian's borrowing money, I don't know at all. I’ve never seen this money, you can’t just let me pay it back if you can’t find him, I don’t know where to find him!”

"Defendant," the judge tapped the gavel, "Calm down, now is the stage of evidence and cross-examination, if you have evidence, submit it now, if you don't have evidence, we will proceed to the next link, and save whatever you have to say during the court debate. "

Cao Lijun was dissatisfied that the judge repeatedly stopped her from speaking, but did not dare to challenge his superior authority.

"Well, since both parties have no other evidence to submit, let's proceed to the court debate, starting with the plaintiff."

Qu Zhi was silent for a long time. Faced with this seemingly familiar case, now that he has changed positions, it is indeed difficult for him to convince himself to use his professional advantages to exploit an innocent person who does not know how to fight.

Li Yan watched coldly from the sidelines, and gradually realized that Qu Zhi's anomaly today was not simple.

"Plaintiff's attorney," the judge had never encountered Xinjie's lawyer being silent during a court session. He thought he hadn't heard his instructions clearly, and repeated again: "You can start."

Qu Zhi raised his head from the materials on the table, looked solemnly in the direction of the defendant, and finally forced himself to speak, "The court, according to the provisions of Articles [-] to [-] of the Contract Law , the borrower shall return the loan and pay the interest within the agreed time limit, and if the loan is not returned within the agreed time limit, the overdue interest shall be paid according to the agreement."

"According to Article 20 of No. [-] of the Interpretation II of the Supreme People's Court Concerning Several Issues Concerning the Application of the Marriage Law, if a creditor claims rights to a debt owed by a husband and wife in his own name during the marriage, it shall be treated as a joint debt of the husband and wife."

"According to Article [-] of the Interpretation of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Cases Involving Marital Debt Disputes, the debts incurred by one party in the name of the husband and wife for joint production and operation during the marriage shall be claimed by the creditor on the grounds that they are joint debts of the husband and wife. People's courts should support claims for rights."

"According to Article [-] of the "General Principles of the Civil Law", the debts of individual industrial and commercial households, if operated by the family, shall be borne by the family property. In summary, according to the relevant laws and regulations, the two defendants should jointly undertake—"

"Impossible!" As the trial progressed, Cao Lijun gradually realized that she might really be responsible for the money. She began to panic. When he needed the money the most, he watched a group of irrelevant people take away his hard-earned savings over the years, "You are talking nonsense, the law can't stipulate this! This money, this money, Qin Jian never used it for anything. run, I—”

"Defendant, pay attention to court discipline," the judge interrupted Cao Lijun who was emotional. "Even during the trial stage, you can only speak after getting permission from the court. You said that you have never seen this loan, and the money was not used for the family. Do you have any supporting evidence, and if so, the court will allow you to submit it.”

Cao Lijun was questioned, and it was obvious that this was the case, but she insisted on showing evidence.She can make the most poisonous oath in the world to guarantee the truth, but she doesn't know how to prove her statement in a court-approved way.

Thinking of her daughter who was not out of danger, and looking at her helpless self, Cao Lijun blushed anxiously, "Comrade judge, please, I really have no money. My daughter is still lying in the hospital. I have to save her." She, they want me to sell the shop in the commissary to pay off the debt, but I have to see a doctor for my daughter, I have no extra money!"

"Defendant," the gavel clangs again, hitting Cao Lijun's nerves on the brink of collapse every time, "don't say anything irrelevant to the case, the court reminds you again, if you think the loan is not used Regarding the operation of the canteen, the court can adjourn today, and after you have collected and supplemented the evidence, we will—"

"Judge," Li Yan in the plaintiff's seat turned the microphone towards him, stretched out his hand to pull out a document from the materials in front of Qu Zhi, and gave him an incomprehensible look, "I have a copy of the loan manager at that time. The witness testimony of the sponsor can prove that the purpose of the loan is to use it for the daily operation of the Xinxin Commissary jointly owned by the defendant and his wife."

This testimony was obtained by Li Yan yesterday, and it was not exchanged before the trial.The reason why Qu Zhi did not submit the supplementary submission was because he knew how powerful the testimony was. Once it was submitted to the court, Cao Lijun would have no chance of winning the case.

After the judge made a judgment in support of all the plaintiff's claims in court, he and the clerk left the court first.

Cao Lijun was stunned by this result, and sat on the dock, unable to move, her empty eyes were full of numbness, but at the same time, a trace of extreme emotion that was not easy to be detected was faintly brewing.

Li Yan glanced at Cao Lijun calmly, then got up and said to Qu Zhi: "I'm going to the bathroom, I'll wait for you outside in a while, you slowly pack up the files, don't leave anything behind."

Qu Zhi responded mechanically, but actually he didn't listen to Li Yan's words, he was in a complicated mood now.When the judge announced the verdict just now, although Qu Zhi knew in his heart that there would be no other results, he was also inexplicably looking forward to some illusory possibilities, but of course the reality would not be as he wished.

Stuffed the materials of this case and Li Yan's documents on the desktop into the bag, Qu Zhi walked towards the door in a daze, but when he was about to leave, he was slapped on the back one time.Turning his head, Qu Zhi's eyes darkened, and Cao Lijun's hands that have been doing heavy work all year round greeted him. He subconsciously leaned back to avoid the unexpected slap, but his cheek was still scratched by the nails on her hand. There were two bloodstains.

Cao Lijun didn't have the slightest intention to give up on this, and while frantically tugging at Qu Zhi's coat, she yelled hoarsely, "You people, there is nothing good!"

"You are not collecting debts at all, you are trying to kill my daughter!"

"You are trying to force me to my death!"

Qu Zhi was staggered several times, but he didn't stop him. He just let Cao Lijun vent his anger. Finally, the bailiff from next door rushed to pull the two of them away.Looking at the woman with disheveled hair and tears flying in front of him, Qu Zhi felt that she seemed to have aged ten years in an instant, and he didn't have the courage to look at her now.

"This is the court!" Two bailiffs supported Cao Lijun from left to right, and it took a lot of effort to restrain her, only to hear one of them yell loudly: "Please abide by the court discipline, this will not solve the problem !"

Li Yan reappeared next to Qu Zhi, and when he spoke again, his tone was full of condescending indifference, "Defendant, if you are not satisfied with the verdict, you can file an appeal according to the law. The debt dispute involved in this case is between you and the plaintiff. We just There is no personal grievance between the lawyer who is entrusted, the lawyer himself and you."

"Damn!" Although Cao Lijun was no longer able to do anything, she still held her breath and yelled, "You unscrupulous lawyers are the plaintiff's lackeys! They bark when they are paid, and bite everywhere!"