Chapter 521: 176 Lao Han: Director Tang you are a bit extreme_2
Additionally, the enforcement ruling issued by Jingnan County Court at the beginning is in fact not that important; the previous piece of evidence is what's critical.
It did indeed specify in which bank and in which dedicated account the money would be stored, but in reality, it was never deposited. Of course, it's up to the other party to prove that the money had already been deposited at that time.
Moreover, they must prove that Liu Xuehong was sufficiently informed, either through direct notification or by public announcement.
The lawsuit was printed, and Old Han, not knowing when he would come downstairs, followed closely behind Old Tang.
After hesitating for a moment, Old Tang finally spoke up, "Director Han, are you sure you want to wade into these murky waters? Once you step in, it won't be so easy to get out."
At the very least, handling cases in Jingnan County would become more difficult in the future. Based on Old Tang's understanding of Han Chengli, the latter always maintained smooth relations with all related departments and the courts, never engaging in such actions.
As for making money, how much could you earn from the poor? Old Han always built relationships with the wealthy, where a single deal could sustain him for three years.
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However, Old Han replied, "What are you talking about? What do you mean by 'wading into murky waters'? I'm just genuinely interested in this case. I've never dealt with an administrative case before."
"Hurry up, you've got everything ready, right? Don't let the court reject you outright; that would be embarrassing," he added.
Watching Old Han stroll out, Old Tang shook his head in the background, wondering what had gotten into him; it was as if he'd suddenly acquired a system.
Although Jingnan County is governed by Jingzhou, it's not very large or wealthy, and many people tend to head towards Jingzhou.
The Jingnan Court appears small and somewhat outdated. Old Tang and his companion passed through the security check and entered the case filing office.
After waiting in line for a while, it was quickly their turn.
The case filing documents were handed in, and the staff member, whose attitude was neither good nor outright bad, took them and began to review them expressionlessly.
Then, he saw the administrative lawsuit petition and frowned.
"Is this an administrative litigation? Primary courts do not accept administrative cases; you need to go to the Intermediate Court, you know that!" The staff member said, setting aside the materials.
"You're lawyers, aren't you? Don't you understand this?"
Upon hearing this, Old Tang responded, "Which rule says primary courts do not accept administrative litigation? According to Articles 14 and 15 of the Administrative Litigation Law, the primary court should have jurisdiction over lawsuits against this land expropriation office."
"It's not like we're suing Jingnan County…"
Generally speaking, administrative acts made by government departments above the county level are the ones brought to the intermediate courts.
The time Old Tang went to the Intermediate Court in Lincheng, it was due to Lincheng's centralized jurisdiction rule, where all first-instance administrative lawsuits are under the jurisdiction of the intermediate courts.
This type of centralized jurisdiction system across regions is quite common nowadays, and the purpose is simple: to free administrative litigation from local influences.
In Jingzhou, there is no such rule. Cases that the primary courts have jurisdiction over should be filed here. If you rashly run to the Jingzhou Intermediate Court, they won't even accept the case.
Upon hearing Old Tang's explanation, the staff member frowned even more and said, "Then you go back, and I will inform you of any results."
Expecting the staff's less-than-enthusiastic attitude, Old Tang promptly replied, "All right, but according to Article 51 of the Administrative Litigation Law, you must provide me with a written certificate with the receipt date on it."
"Similarly, according to this article, you have to make a decision within seven days. If you do not notify me by then, I will file a complaint with the Intermediate Court," he declared.
Once you've submitted the lawsuit petition and they haven't asked you to correct it, they must give you a written certificate indicating the receipt date. Otherwise, it's easy to get into disputes later on.
You claim you submitted it to the court, but the court says it didn't receive it. If the surveillance cameras happen to be malfunctioning, what do you do then? Hence, with Old Tang, it's essential to say what needs to be said.
The staff member glared at Tang Fangjing without speaking while Old Tang continued, "Of course, you can also choose not to issue it, and I will file a complaint with the Intermediate Court right now."
"I recall that if it's verified that a petition was accepted without issuing a written certificate, the person in charge and the directly responsible individual must be disciplined," he added.
The staff member was taken aback, having never encountered such a forthright lawyer during their tenure at Jingnan Court. Which law firm did he come from, lecturing her on the law right here!
"I didn't say I wouldn't issue it, so what's the point of all this?" she retorted.
However, Old Tang remained silent, merely looking at her.
Eventually, the staff member did issue the written certificate.
Old Tang didn't bother with the staff member, who seemed to be offended, and promptly left with Old Han, certificate in hand.
Stepping out of the courthouse, Old Han said, "So, Director Tang, is this how you usually handle case filings at the court? Just like this?"
Turning, Old Tang replied, "Of course. Isn't filing a case at the court always like this? If they accept it, fine; if there are irregularities, either complain to the higher court or report to the court's disciplinary office. Don't you do the same?"
Old Han gasped in shock, cursing to himself. How could a lawyer like you become a well-known attorney? It defies all reason!
Even if it were Han Chengli himself filing a case, he would still have to wait for his appointment date.
There are many reasons for not accepting cases. Actually, every year after October, it becomes more difficult to file cases in courts everywhere because on December 20th, courts tally the number of cases accepted and settled for the year, calculating the settlement rate.
To minimize this denominator, courts reduce the number of new cases more than a month in advance because many cases cannot be concluded within this timeframe, so they delay the filings until after the assessment period is over.