What's wrong with this lawyer?!

Chapter 176: Program Flaws? How Embarrassing to Mention!



There are two types of contradictions: ones that can be reconciled and others that cannot.

Shen Yongxue now had a sinking feeling; according to his previous experience, when those affected by demolition "made a fuss," it was merely for the sake of getting more money.

Therefore, giving more money to have them withdraw their lawsuit would suffice, but now, they were actually playing this card!

If the administrative action is unlawful, then naturally it cannot be considered official duty, and if it's not an official duty, the basis for sentencing one year of fixed-term imprisonment has already vanished...

This implication is too significant, meaning they had inadvertently created a wrongful conviction...

While in theory wrongful convictions are judged by the courts, demanding the courts to pay compensation and take responsibility, everyone is clear about whose issue this fundamentally is.

This cannot be discussed openly; the other party is unlikely to withdraw their lawsuit on this matter, as after all, who would want to bear a criminal record unless the compensation offered is enough to make them ignore it.

But... it's unimaginable, if there really were so much money, there would have been no need for forced demolition in the first place; a negotiated settlement would have sufficed for a smooth relocation.

This is now a big problem.

All they can do is consult with the public service lawyers here first and see if there's any turnaround for the case.

Compared to the trouble at the office, Old Tang was very calm; he didn't need to do anything more and could just wait securely for the court session.

According to the original plan, they were supposed to issue a lawyer's investigation order to relevant banks to check if there were any specific accounts and the transaction history within those accounts.

But... his relationship with Jingnan Court is now very tense, as his two applications have been rejected because the presiding judge deems an investigation order inappropriate.

They also applied for a court investigation, which the court similarly rejected, believing there was no need for an investigation.

Using Han Chengli's words, "After pushing them to file your case in that manner, it's already not bad for them to treat you like this. If it were him, Han Chengli, daring to bare his teeth at the court that way, he'd hope to still contact the case judge? Just wait slowly."

So, Old Tang was too lazy to bother; he could establish one thing now: the administrative action was definitely unlawful.

The actions of forced demolition must strictly follow procedures; a slight misstep anywhere, and your administrative action could be deemed unlawful.

In the past, he had seen departments responsible for demolition painstakingly follow all procedures, even carefully removing the property from the to-be-demolished homes and notarizing the process.

It was to ensure their administrative actions did not damage these properties.

Yet they still lost the case in the end because during the public notice, they failed to specify the time for the forced demolition!

Meaning, it's not just about compensating before demolition; when you publicly notify the other party, you have to tell them when you will come to demolish their house.

Because of such an issue, the first-instance court found the procedures unlawful, and the second-instance court overturned the first-instance decision, deeming the whole forced demolition action unlawful!

For other cases, like criminal ones, focusing on procedure doesn't yield much impact; the court may deem that the procedural flaws do not affect the outcome of the evidence.

However, with administrative actions, especially highly sensitive ones like forced demolitions, there must be extreme strictness in procedures; the slightest issue can affect the entire action.

So, the question arises, Liu Xuehong's house wasn't successfully demolished because of resistance, and relevant departments are preparing to renegotiate.

And the reason Old Tang initiated the administrative lawsuit was aimed at Liu Xuehong's crime of hindering official duties.

But if the house had been demolished, what would be the point of pursuing this lawsuit to confirm its unlawfulness? Simply to penalize the relevant departments?

Of course not, according to the Supreme Court's review results on some forced demolition cases over the years, they support punitive compensation for local forced demolitions.

Simply put, if the initial compensation was unacceptable, and the forced demolition action was unlawful, then offering the same compensation after the demolition, negates the significance of the illegality. As the Supreme Court stated, this would condone the administrative authority's unlawful forced demolitions.

So, generally, compensation can be awarded on top of the original compensation by about twenty percent.

A few days later, Old Tang was video chatting with Wang Qingqing in a hotel; he had plenty of free time since the court wouldn't let him do anything, which meant he could only enjoy looking at a beautiful girl.

"This case is winnable, and they will certainly appeal. I may have to return to Jingzhou for a while, and you should just stay comfortably at the firm, right? You are my assistant; you have to follow my orders!"
Explore stories at My Virtual Library Empire

On the other end, Wang Qingqing could only agree, as which senior partner ever leaves home without their assistant.

While speaking, Wang Qingqing suddenly noticed someone appearing behind Tang Fangjing on the screen.

"Director Tang, there's someone looking for you outside, likely from Jingnan Court to deliver documents."

Old Tang promptly got up and went to the door. It was a staff member from Jingnan Court; he signed for the documents and brought them back, immediately starting to read them.

The process was too fast; on the other side of the video, Wang Qingqing blinked and suddenly said, "Brother Tang, who is that person sitting behind you? Is he staying with you?"

That person appeared to be a man, and also older, otherwise Wang Qingqing might have considered driving down to Jingnan County.

While Old Tang was busy opening the mail and had not yet spoken, someone also passed by on Wang Qingqing's side of the video.

"Eh Qingqing, are you on a video call with Old Tang? How's it going over there?" The person speaking next to Wang Qingqing was none other than the Tengda director, Wang Daming.


Tip: You can use left, right, A and D keyboard keys to browse between chapters.