Chapter 176: Program Flaws? How Embarrassing to Mention!_4
Having finished speaking, Old Tang picked up his briefcase and left.
"The president of the Lawyers Association isn't me, Tang Fangjing. If you're not happy, go talk to the Lawyers Association; what's the point in complaining to an ordinary lawyer like me?"
"Do you really think that by helping someone with an administrative lawsuit, you can get the Lawyers Association to kick me out?"
"It doesn't matter. If Old Cheng can't withstand the pressure and goes along with whatever, it's fine by me. I'm not afraid of making a big fuss; we'll see who gets cold feet then."
Behind him, the deputy director sighed. Though Lawyer Tang seemed frail, he dared not resort to other tactics.
At most, he would make a complaint to the Jingzhou Lawyers Association, but their stance was firm—they would rather stop promoting themselves in Jingnan County and support Tang Fangjing instead, which was downright ridiculous!
"Wasn't he reportedly in the late stages of cancer? Then why does he look like he could live another three years without any issue?"
At that moment, in the Jingzhou Lawyers Association, Old Cheng put down his phone with disdain. If it were just the association itself, it normally would back down in the face of a powerful agency.
But this time it was different—the Lawyers Association was not backing down at all!
The Jingnan County Court had already begun an emergency meeting; the main issue was to decide how to rule on this case!
To directly declare the administrative action legal was out of the question—it was clearly problematic, and the law was specified clearly. If handled that way and word got out, it would be just as troublesome.
However, this court had previously issued a compulsory execution ruling. Logically, it should have been reviewed, but it wasn't. If it now suddenly declares it illegal, the counterparty will definitely cause trouble...
Fortunately, a court is still a court.
Two days later, Old Tang received the verdict and involuntarily frowned as he read the contents.
"Procedural violation?"
The judge in charge, Xiang Yongjiang, explained, "That's right, Lawyer Tang. After our comprehensive determination, it's a procedural violation..."
Old Tang cut him off, "Don't give me that nonsense. Has the defendant appealed? In any case, I'm definitely going to appeal."
Upon hearing this, Judge Xiang suddenly panicked. This verdict was a compromise, meant to settle and close the case. The office had barely managed to accept this verdict after considerable persuasion.
Having such a verdict was already very fortunate; they were clear on their own issues.
Unexpectedly, whereas the office had been anticipated to have objections, they had none, and now the plaintiff was not satisfied!
"What are you thinking, Lawyer Tang, why appeal? The verdict has already declared a procedural violation..."
"Judge Xiang, you all know the purpose of my filing this administrative lawsuit. Merely a procedural violation is not enough. You have the power to adjudicate freely, and I have the right to appeal."
What Old Tang was advocating for was a verdict that the administrative action was illegal, not just merely procedurally defective. These two might seem similar, yet legally, they are different.
It must be declared that the administrative action was illegal so that there would be enough confidence in an acquittal upon appeal.
Don't find it strange. The Supreme People's Procuratorate's 2014 article, "What are the consequences of a procedural violation?" had specifically pointed out this issue, as procedural violations are commonly referred to as "procedural flaws."
Just by hearing the latter term, one might think it doesn't sound too serious, so there would definitely be disputes later, and overturning the verdict to acquittal would have a significant impact on the court.
The key words in the judgment all have their significance. If they really meant the same thing, why add the word "procedural"?
Soon afterwards, the deputy director heard that Tang Fangjing had appealed, which caused him to frown deeply.
He pulled out his phone and began to make a call.
In the office, Shen Yongxue answered the phone, "Hello, how's it going?"
"Director, we've lost the case. The court ruled procedural violation."
Hearing this, Shen Yongxue felt somewhat relieved. Compared to an illegal action, a procedural violation felt much more manageable—it sounded as trivial as being slightly careless.
All comrades make mistakes from time to time, so it wouldn't be a big deal.
However, at this moment the deputy continued, "The issue now is that Tang Fangjing has filed an appeal."
Shen Yongxue stood up suddenly and said, "What's wrong with him? Why is he making such a fuss? Didn't he already win the case?"
They all knew the inside story. The Lawyers Association had provided financial support, but Tang Fangjing wouldn't make a cent from it.
If you're fighting for attorney's fees, that's understandable; after all, as a big lawyer, you'd earn a lot, and you might charge separately for the second trial.
But now, you're not earning a penny, are you? Even after confirming a procedural violation, you're still appealing. You must be crazy, paying out of pocket just to continue with the lawsuit? What are you after?"
"Director, what do we do?"
Shen Yongxue replied irritably, "What can we do but wait? That's the Jingzhou Intermediate Court, what can we do?"
The deputy hesitated before saying, "Normally, it's very unlikely the verdict will change on appeal..."
"Sigh, just wait then. Whether it's good fortune or misfortune, one can't escape it."
The plaintiff had appealed, and with ample facts and reasons, Old Tang soon received notice—the Jingzhou Intermediate Court would hold a second trial.
Experience tales at My Virtual Library Empire
If there was to be a trial, he'd have to go back. Old Tang found Old Liu.
"I should be able to settle matters once I return to Jingzhou this time. Just wait here in peace, and I will inform you promptly once there are results."
Old Liu was filled with gratitude and packed a heap of local specialty products for Old Tang.
After all, he hadn't spent a cent, yet someone had helped him so much—nothing could be considered too much gratitude.