Tacitus in love, Plato in trap
Chapter 5 The Complex Unprepared Battle
Fang Quan held his breath and stood outside Judge Zheng's office to listen carefully.
"Why didn't you stay?" Judge Zheng asked calmly, "Xiao Fang is a boy after all."
"But you can also see that this boy is much more useless than the girls recruited before!" The chief judge seemed very excited, "Except for typing speed, his working ability is not even as good as illiteracy: the level of filing files." We can all see that half of the garbage bag is full of his damaged dossier covers; the party almost got into a fight that day and he didn’t know how to open it, he just stood aside stupidly; yesterday I asked him to help me go downstairs to deliver a subpoena He went and brought it back to me intact, saying that the party concerned refused to accept the case because he felt that the case was wrong; a person came the day before yesterday, saying that he called and encountered a questioner who didn’t know anything, and he played the recording to him. I listened, and when I heard it, it was Xiao Fang again; the day before yesterday..."
"Oh, oh, isn't this a mistake that novices will make, don't blame him too much..."
"But it's been two weeks! Don't talk about the girls before, even if you are a monkey, you should have learned the most basic things, right?" No matter who you are, your face is red..."
"Alas, this is even more serious! It's not like we don't know Xiaoyi's temper..."
"Judge Zheng, you haven't heard the conversation between the two of them. Xiao Fang's point of view is simply... unreasonable!" President Gong held back for a long time, and finally found the words that can fully express his point of view, "Xiao Yi still has the patience to accompany him." Noisy, if you want me, just let him shut up and read it for himself!"
"Doesn't this just mean that Xiao Yi has also made progress?"
"Indeed, it's a good thing to be patient, but you have to continue to correct your naive faults—wait a minute, aren't we talking about Xiao Fang? You see, you took me away again! Speaking of which, we had to recruit a fast When you were an interviewer, you also said that it would be better to have a boy, so I..."
"I just suggested that at the time, and the final decision is up to you, President Gong?" Judge Zheng paused, as if drinking water to moisten his throat, "From the bottom of your heart, you also want a boy, right?"
"Yeah, although I don't want to engage in gender discrimination, but in this first-class court, it is true that there are not enough men-but this is also based on excellent professional skills!" The chief judge sighed heavily, " So what should we do with Xiaofang's child? Xiaoyi's side probably can't handle it well, what about my side...see if you can..."
Judge Zheng was silent.Fang Quan pressed against the door panel, not daring to miss any sound in the room.
"I think so," Judge Zheng finally said, "Wang Ping is breastfeeding now, so it's inevitable that she can't keep up with energy, but she is a good seed after all, and we need to train her more."
"Ah..." the judge let out a long breath, "Even if you say that, Wang Ping can't do it alone! What should I do? We need the court to find another one for us? Will the court have any objections? Just got one and quit him and then asked for a new one or something..."
"Hey, I didn't have to say something like dismissing Xiao Fang."
"But……"
"Everyone should make the best of it—you see, don't we only have one bailiff?"
Fang Quan gasped.
Could it be that……
"Let Xiao Fang become a bailiff?! His small body..."
"But he's a man..."
"Hiring a bailiff and a female stenographer is really killing two birds with one stone—ah, thank God, it's great that Xiao Fang is a boy! Judge Zheng, you really had a vision at that time!"
"Yes, very good, right!"
"...Is it really good?"
*******************************************************************************
"Of course!"
There was no court this morning, so Fang Quan followed Yi Zhongming in the car in the court to the Housing Management Bureau, the bank and other places to seize and freeze it.After finishing the work now, Yi Zhongming said that he was going to go to the bathroom, so he asked Fang Quan to go back to the car and wait for him.Fang Quan was bored in the car, so he talked to Hou Ge, the only bailiff and driver in the court, about what he heard at the door of Judge Zheng's office that day.
"The work of your clerks is tiring and complicated, and I'm sure you can't do it well!" Brother Hou scratched his face with his backhand, which was no different from a real monkey. "The bailiff is much more comfortable. Maintain order in the hall, just chat with the parties - but the last one must not be seen by the judge, or you will be scolded to death."
"Then... what about maintaining order?"
"Maintaining order is - hey, what is your expression? Maintaining order is not as scary as you think - we can put on this uniform and stand there, and we can play the role of maintaining order! Most of the people who come here People are very civilized and reasonable, and now we are equipped with security inspection equipment, so generally speaking, this job is not that dangerous. Besides, even if there is a fight, we can definitely stop it if we go together. Can I call you JC?"
"kindness…………"
"And the wages are relatively high!"
"... how tall is it?"
"That's a few hundred yuan more than when you became a full-time regular!" Brother Hou said somewhat proudly, "Although I still don't earn as much as my partner, but it's enough for a family to live on. You're a single man, and you don't have to worry about food or housing. This extra money is simply a net profit!"
"what…………"
"What are you talking about?" Yi Zhongming jumped into the car, "It's money and net profit, are you investing in stocks or crowdfunding?"
"Oh, Xiao Yi, don't you know?" Brother Hou put down the handbrake and started the car, "The judge seems to want Xiao Fang to accompany me as a bailiff!"
"Hey, Brother Hou!!!" Fang Quan panicked when he saw Brother Hou revealing the matter.
"Oh~~~~~~?"
Yi Zhongming deliberately elongated his tone, and turned his head to look at Fang Quan.And Fang Quan, who felt the gaze, quickly turned his face to the car window: "I just heard the judge say that, I don't know what will happen..."
"Oh, that's it." Yi Zhongming sounded a little unconcerned, "If the judge really decides this way, then I have no objection. The bailiff is also good, the money is much more than you are now, and," Yi said Zhong Ming paused, "It's more suitable for you."
"Suitable?" Fang Quan suddenly raised his head and looked at Yi Zhongming, "Do you think the job of bailiff is suitable for me?!"
Yi Zhongming leaned comfortably on the back of the chair, looking at the constantly receding scenery outside the window: "En..."
"...You really feel the same way..."
Fang Quan lowered his eyelids, and a strong sense of loss surged in his chest inexplicably.After returning to the court, he slipped into the office without even taking a bite of lunch, and looked at the mountains of documents on the table. He proofread the documents for a while, cleaned up the case files for a while, and refurbished them for Yi Zhongming. It didn't take long for him to get tired of the case, so he simply dropped all the work and fell on the table.Yi Zhongming ignored him and wrote the verdict on his own. He didn't wake up Fang Quan until the end of the lunch break.
"The case this afternoon is a bit complicated, have you done all your homework?" Yi Zhongming frowned slightly.
"Well, I checked the file a little yesterday, so it should be fine..." Fang Quan replied listlessly.
This afternoon was a property dispute case. The four plaintiffs claimed that the defendants, that is, the acquaintances of their common grandpa, kept a dog that was left by their grandpa when they passed away ten years ago, and should be inherited or inherited by the four of them. The antique mug they inherited, and now they ask the defendant to return this mug to them - that's all.To be honest, except that there are a little more plaintiffs, this case is not much more complicated than Fang Quan's other cases opened in the past two weeks. Judging from Fang Quan's experience, it can be handled easily... right?
Completely and coherently completed the court trial record, which is probably the only and last advantage of Fang Quan that will not be criticized by others in the court.Although Yi Zhongming has some complaints about Fang Quan's practice of letting Sister Ping write up the opening transcripts on his behalf on the grounds that there is no computer available, but from the results, every time Fang Quan can read the transcripts in advance even if he casually reads them in advance. After the court, so before you have your own office computer, there is no problem in doing this... right?
Stenographer Stenographer, stenographer is the first, and everything else can be done slowly.If I can find an opportunity to explain this issue clearly to the judge, maybe I can make her change her mind!
After packing up his things and going down to Court No. [-], Fang Quan found that there were only four people sitting in the plaintiff's seat, three less than the seven written in the case file: "Have all the plaintiffs arrived?"
"Yes, we are all here." A woman with a bun replied while taking out documents in her bag, "One of them was a minor so he didn't appear in court; the other two parties originally hired attorneys ad litem , but for the sake of convenience, I will act as the unified agent.”
"That's it..." After receiving the power of attorney, the letter from the law firm and other materials, Fang Quan was surprised to find that the female lawyer named Wang Shiqi looked about the same age as him, a person who had just walked out of school, but was actually younger. Already more than 30 years old!With emotion, the defendant and his attorney were also present. Except for a female plaintiff who greeted them politely, all three of them, including the female lawyer, showed obvious respect for the defendant and his attorney. hostility.
After a while, Yi Zhongming and the two people's jurors also took their places.After Fang Quan read out the court discipline, with the fall of the gavel, the case officially opened——
Trial: The People's Court of Erbing District, Sanshui City is now in session.According to the relevant provisions of the "Civil Procedure Law of the People's Republic of China", the case of the plaintiffs Wei Shilang, Feng Liya, Yuan Banlin, and Jian Tongying v. Yan Yili's property rights dispute is open today; the case is subject to ordinary procedures, and the assistant judge Yi Zhongming is in charge of the trial Chairman, and the people's assessors XX and XXX form a collegial panel, and the clerk Fang Quan is in charge of recording.Let's start checking the identity of the parties:
Plaintiff 1: Wei Shilang, male, born on XX, 199X, Han nationality, a second-year student at Sanshui University, living at No. X, X Road, Erbing District, Sanshui City.ID number: XXXXXXXXXXXXXXXXXX.
Plaintiff 2: Feng Liya, female, born on X.X., 200X, Han nationality, a first-year student of Sanshui No. [-] Senior Middle School, living at No. X, X Road, Erbing District, Sanshui City.ID number: XXXXXXXXXXXXXXXXXX.
Legal representative: Wei Shilang, brother of Feng Liya.
Plaintiff 3: Yuan Banlin, female, born on XX, 199X, Han nationality, a second-year student at Sanshui University, living at No. X, X Road, Yongjuquan District, Sanshui City.ID number: XXXXXXXXXXXXXXXXXX.
Plaintiff 4: Jian Tongying, female, born on XX, 199X, Han nationality, a first-year student at Sanshui University, living at No. X, X Road, Erbing District, Sanshui City.ID number: XXXXXXXXXXXXXXXXXX.
The above four plaintiffs jointly entrust the attorney Wang Shiqi (specially authorized agent), a lawyer of Sanshui Saibo Law Firm.
Defendant: Yan Yili, male, born on X.X., 19XX, Han nationality, living at No. X, X Road, Erbing District, Sanshui City.ID number: XXXXXXXXXXXXXXXXXX.
Attorney: Wang Xiongying (Special Authorized Agent), lawyer of Sanshui Yacher Law Firm.
"Ah, it's great that there are only four plaintiffs here..." Quite gratified, Fang Quan slowly pressed the backspace key to delete the information of the other two entrusted agents.After informing about rights and obligations, and asking whether to apply for recusal, the trial came to the court investigation. The petite but capable female lawyer stood up abruptly and began to read the indictment aloud emotionally——
Original: Claims: 1. Request that the defendant be ordered to return to the four plaintiffs the blue-and-white porcelain cup (hereinafter referred to as the sage cup) handed down by the ancestors of the Dong family in Jingdezhen during the Jiaqing period of the Qing Dynasty to the four plaintiffs; 2. The defendant shall bear the litigation of this case cost.
Facts and reasons: The four plaintiffs are the grandsons of Dong Mu, the original owner of the Sage Cup, and the defendants are Dong Mu's former friends. Dong Mu passed away on B-C, 200A, and the method of disposing of the sage cup recorded in his will is "the most qualified person among the three biological daughters and other four related bequeathes will inherit the cup".Due to the ambiguity of the will and the disputed validity of the will, seven heirs and legatees had disputes over the ownership of the sage cup, and the whereabouts of the sage cup were also unknown in this dispute.
截止201V年W月X日,董牧的三个亲生女儿及其配偶分别于200D年E月F日、200G年H月I日、200J年K月L日、200M年N月O日、200P年Q月R日、201S年T月U日去世,四名原告及案外人简同盛(因个人原因已放弃继承权)系上述六人晚辈直系亲属。
On W, X, 201V, the four plaintiffs learned that the sage cup, which disappeared ten years ago, was hidden in their home by one of the bequestees, the defendant Yan Yili, and requested the defendant to return the sage cup as the legal heir, but the defendant refused. return.Therefore, in order to protect its own legitimate rights and interests and recover the family heirloom of the Dong family, the plaintiff hereby submits to your The court filed a lawsuit, requesting to support the plaintiff's claim in accordance with the law.
Sincerely,
People's Court of Erbing District, Sanshui City
Plaintiffs: Wei Shilang, Feng Liya, Yuan Banlin, Jian Tongying
X month X day, 201X
Trial: Does the plaintiff have anything to add?
"I have two things I want to say to the defendant," the girl with the twin ponytails raised her hand, "I don't know if it counts as a supplementary explanation?"
Yi Zhongming nodded: "Speak first, be brief."
"Uncle Yan, the reason why I call you uncle is because we still hope that you can—"
"Wait a minute," Yi Zhongming interrupted the plaintiff, and looked at Fang Quan who was sitting below, "What are you doing? Isn't the plaintiff adding an explanation now? How did you pull the transcript to the very beginning? gone?"
"Then what..." Fang Quan lowered his head and muttered in a low voice, "I don't remember when she was the plaintiff?"
"Plaintiff 3, she is!" Yi Zhongming shouted impatiently, "These plaintiffs are pretty easy to recognize: the man is plaintiff 1, the one who didn't come is plaintiff 2, and the one with hair is plaintiff 4 , the one with the curly hair is a lawyer, who else is wrong with you?"
"No, no more..." Fang Quan pulled the transcript back to the place where it should continue to record, and added what he still vaguely remembered from what plaintiff 3 Yuan Banlin said just now.Seeing that Fang Quan was ready again, Yi Zhongming signaled plaintiff 3 to continue.
Plaintiff 3: Uncle Yan, the reason why I call you Uncle is because we still hope that you can return the Sage Cup to us as soon as possible.In any case, this is a treasure handed down by the Dong family.We would like to express our gratitude to you for helping us keep the Sage Cup for the past ten years, and we are willing to pay you for keeping the Sage Cup.As long as you are willing to return the cup to us, everything else is negotiable.
"That means," Yi Zhongming asked, "do you want to mediate?"
"Let's go through the trial procedure first," said the female lawyer.
"Okay, then the accused..."
"We don't agree to mediation!" The male lawyer named Wang Xiongying stood up, shaking his suit that was too flamboyant for the event of a trial, "Should we be the next one to defend?"
"Yes, and you just sit down and defend..." Yi Zhongming sighed softly, "Have you prepared a defense draft? Is there an extra copy for my clerk?"
"I never prepare extra materials," the male lawyer sat down, "but judge, you listen to me very slowly, so as long as you are a clerk with a normal hand speed, you can definitely write it down."
"Okay, then start your defense!"
A clerk with normal hand speed... Ah... Let's just count...
Fang Quan put his hands on the keyboard and swallowed hard.
Respondent: First of all, the porcelain cup held by the defendant Yan Yili is not the subject matter requested by the plaintiff.The two porcelain cups are not the same item: first, the defendant's sage cup was purchased from a farmer in his early years, not bequeathed by Dong Mu.Second, the patterns on the two sage cups are not exactly the same. The Dong family’s sage cup depicts four model workers drilling holes, but the Yan Yili’s cup depicts the beauty of Confucius and Mencius——
"Wait, defendant lawyer, wait a moment," Yi Zhongming interrupted the lawyer's defense, and then turned to Fang Quan angrily, "What is 'model worker drilling'? What did you remember?"
Yi Zhongming's voice of reprimanding Fang Quan was not loud, but it caused everyone in the court to burst into laughter, especially the defendant's lawyer who was in charge of the defense.Fang Quan arched his waist, wishing to put his face on the keyboard: "I don't know what to say, and I speak a little too fast when I'm alone, so I used the abbreviation of the first word..."
"Hey, hello, what education does this little brother have? Did you graduate from junior high school?" Lawyer Wang Xiongying wiped the tears from the corners of his eyes, "It's fine if you don't know anything else. Laozi, Mozi, Zhuangzi, Confucius, and Mencius should all You know? What the hell is 'Lamor drilling'?!"
"Ah, this..."
If you know it, you must know it, but you just didn't read the case file and didn't think about it at all.
"Okay, pay attention to the order of the court." Seeing that the laughter did not stop, Yi Zhongming tapped the gavel, "Defendant lawyer, please repeat what you just said to my clerk again!"
Fang Quan bit his lower lip and revised the transcript——
Yuan Dynasty: ...there are four people painted on it: Lao Jianzi, Mozi, Zhuangzi, and Confucius, but Yan Yili's cup has five people painted on it: Confucius, Mencius, Yanhui, Zengzi, and Zisi. There are photos to confirm .However, there is no photo of the ancestral sage cup of the Dong family. The four plaintiffs present here were still young ten years ago, and their memories must be a little fuzzy. Only based on the words of lawyer Wang Shiqi who participated in the case at that time, it was determined that this was his family's cup back then. It's ridiculous.
Secondly, there are also many problems with the litigants in this case.First, Dong Mu's will stipulated that "the most qualified of the three biological daughters and other four related bequeathes shall inherit the cup", now except for the four plaintiffs and the defendant Yan Yili, the other three None of the legates (“Fang Quan, this is the legatee, not the heir!!!”) did not participate in the lawsuit, and the collegial panel was suggested to be the third party (“Did someone say the plaintiff? Which ear did you hear him say the plaintiff? It’s not the plaintiff, it’s the third party!!!”); Second, this case has nothing to do with whether or not to give up the right to inheritance as a dispute over property rights, so Jian Tongsheng (“Come, come, don’t turn to the front, let me tell you these words How to write...") should also participate in the lawsuit; third, the plaintiff, Feng Liya, is the adopted son of Dong Mu's eldest daughter, Wei Qisi, after the death of her husband Wei Qisi——
"Stop, stop - no, just adjourn the court for 2 minutes!"
Since the beginning of the "Secondly" paragraph, Yi Zhongming has instructed Fang Quan to modify several places. After realizing the fundamental problem, he simply knocked on the gavel, called for an adjournment, and walked off the trial seat: "Fang Quan Quan, this court is specially reserved for you. Let’s see for yourself, what kind of stuff do you record? You didn’t smooth out the relationship between the parties at all, did you?!”
"How is that possible!" Fang Quan raised his voice with some guilt, and Fang Quan felt that his voice was sharper than usual, "I read the case files a few times yesterday! For now!"
"Let's be tall! I've seen that the record can be recorded like this?!" Yi Zhongming sighed, "Yes, let me tell you about the relationship between the characters! First of all, the place you are recording now, the eldest daughter's Two children, the plaintiff 2 is the underage girl born to the eldest daughter; and the plaintiff 1 sitting on the plaintiff table was adopted by her husband after the eldest daughter passed away!"
"Ah, that man was adopted? Are you sure? But isn't he also surnamed Wei? Then why didn't the underage plaintiff who didn't come take her own father's surname?"
"...One more word, be careful that I will cut you in front of so many people!" Yi Zhongming rolled his eyes at Fang Quan fiercely, "Then plaintiff 4 was adopted by Dong Mu's third daughter, But she was still young when she was adopted, so there is no problem with the adoption relationship; the next is the plaintiff 3, she is the biological daughter of the second daughter, but her parents left early, so she belonged to the subrogation as early as ten years ago ——Can you keep up with my rhythm?"
"Hmm..." I have to say that even if Yi Zhongming told him this without carefully reading the case file, Fang Quan still could not hear it.
From another point of view, to be able to remember such a complicated family relationship, I have to say that Yi Zhongming is quite amazing...
"And finally the two lawyers for both sides, the two of them—"
"Wang Xiongying! Show me some respect! This is a court!"
Hearing the roar, Fang Quan and Yi Zhongming immediately turned their gazes to the plaintiff's seat, and saw lawyer Wang Shiqi blushing staring at Wang Xiongying in the opposite dock, while several plaintiffs carefully dissuaded him from the sidelines.
"Why are you disrespectful? I just said 'marry me'!" Lawyer Wang Xiongying shrugged, "Look at you, you have been working for ten years, and you are still working as a litigator. I don’t have much money; now I mainly do non-litigation business, and the income is quite considerable! If you marry me, I will guarantee you no worries about food and clothing~~”
"It turns out that because the business is mainly non-litigation, the professional level of ordinary civil litigation cases has become so poor... No wonder the defense just now is full of loopholes..." Wang Shiqi concluded seriously, "And I seem to have heard that you are engaged in non-litigation business, no matter how much you earn, you are just taking other people's fractions?"
"Oh, your criteria for judging are not objective enough. I think we should look at this issue from the perspective of the entire legal profession and personal development." Wang Xiongying leaned back on the dilapidated chair, "For example, the two of us met ten years ago. I have represented the Dong family in the Sage Cup case, ten years later...forget it, I will leave some of the secrets at that time, I will leave it in the debate session and talk about it—as long as the cross-examination can be completed today~~"
"Wang Xiongying, you!!!"
"...As you can see, the lawyers of both parties probably have this kind of relationship." Yi Zhongming pushed his glasses, "Are you clear now?"
"Well...probably..." Seeing Yi Zhongming's murderous expression, even if Fang Quan didn't understand, he just nodded stiffly.
"Then hurry up and continue! Really, these are all you need to understand before the court, but now I have wasted so much talk! This court has just begun, don't let the whole court fail because of you alone. Go down!" Yi Zhongming returned to the trial seat with his hands behind his back, and knocked on the gavel, "Then let's continue the trial—defendant lawyer, you continue!"
Recipient: ... In addition, the plaintiff Wei Shilang is the son adopted by his husband Wei Qisi after the death of Dong Mu's eldest daughter. Wei Shilang only formed an adoption relationship with Wei Qiesi but not with Dong Mu's eldest daughter. Therefore, Wei Shilang has no right to participate this lawsuit.
Third, this case has exceeded the statute of limitations.The plaintiff already knew part of the fact that the defendant Yan Yili held a sage cup, but never filed a lawsuit. The statute of limitations has exceeded two years. It is recommended that the collegial panel dismiss the plaintiff's lawsuit.
"Hey, Wang Xiongying!" It was the plaintiff 3 with ponytails again, and this time she was agitated, "What do you mean by 'some plaintiffs have already known'? Do you dare to explain it clearly!"
"Lawyer Wang should be talking about some of you who often come and go in and out of my house?" The defendant Yan Yili, who had been silent all this time, finally spoke up, "You all know who it is, right?"
"Then don't say such eccentric things. In court, everyone should be more frank!" The man (...what's his name) from plaintiff 1 couldn't help but interjected.
"Hey, pay attention to the order of the court!" Yi Zhongming took the gavel in his hand again, "It is enough to delay the time with a useless clerk, and you are still talking about something! Wait! I'll give you a chance to talk later—tsk, I told you to remember, why didn't you remember a word of what they said just now?! Are you so proud of your trash status?!"
"Oh……"
Relying on his memory, Fang Quan tapped the keyboard mechanically - he didn't understand Yi Zhongming's relationship with him just now, but now he is even more confused after listening to the words of the parties...
Chaos, chaos, just a little more chaos!If his mind has become muddled, no matter whether the context of the case is clear or not, he still won't understand it—this is probably a test for the clerk, right? !
However, just like what Yi Zhongming said, this court has just begun. Will he last until the final concluding speech?
"Why didn't you stay?" Judge Zheng asked calmly, "Xiao Fang is a boy after all."
"But you can also see that this boy is much more useless than the girls recruited before!" The chief judge seemed very excited, "Except for typing speed, his working ability is not even as good as illiteracy: the level of filing files." We can all see that half of the garbage bag is full of his damaged dossier covers; the party almost got into a fight that day and he didn’t know how to open it, he just stood aside stupidly; yesterday I asked him to help me go downstairs to deliver a subpoena He went and brought it back to me intact, saying that the party concerned refused to accept the case because he felt that the case was wrong; a person came the day before yesterday, saying that he called and encountered a questioner who didn’t know anything, and he played the recording to him. I listened, and when I heard it, it was Xiao Fang again; the day before yesterday..."
"Oh, oh, isn't this a mistake that novices will make, don't blame him too much..."
"But it's been two weeks! Don't talk about the girls before, even if you are a monkey, you should have learned the most basic things, right?" No matter who you are, your face is red..."
"Alas, this is even more serious! It's not like we don't know Xiaoyi's temper..."
"Judge Zheng, you haven't heard the conversation between the two of them. Xiao Fang's point of view is simply... unreasonable!" President Gong held back for a long time, and finally found the words that can fully express his point of view, "Xiao Yi still has the patience to accompany him." Noisy, if you want me, just let him shut up and read it for himself!"
"Doesn't this just mean that Xiao Yi has also made progress?"
"Indeed, it's a good thing to be patient, but you have to continue to correct your naive faults—wait a minute, aren't we talking about Xiao Fang? You see, you took me away again! Speaking of which, we had to recruit a fast When you were an interviewer, you also said that it would be better to have a boy, so I..."
"I just suggested that at the time, and the final decision is up to you, President Gong?" Judge Zheng paused, as if drinking water to moisten his throat, "From the bottom of your heart, you also want a boy, right?"
"Yeah, although I don't want to engage in gender discrimination, but in this first-class court, it is true that there are not enough men-but this is also based on excellent professional skills!" The chief judge sighed heavily, " So what should we do with Xiaofang's child? Xiaoyi's side probably can't handle it well, what about my side...see if you can..."
Judge Zheng was silent.Fang Quan pressed against the door panel, not daring to miss any sound in the room.
"I think so," Judge Zheng finally said, "Wang Ping is breastfeeding now, so it's inevitable that she can't keep up with energy, but she is a good seed after all, and we need to train her more."
"Ah..." the judge let out a long breath, "Even if you say that, Wang Ping can't do it alone! What should I do? We need the court to find another one for us? Will the court have any objections? Just got one and quit him and then asked for a new one or something..."
"Hey, I didn't have to say something like dismissing Xiao Fang."
"But……"
"Everyone should make the best of it—you see, don't we only have one bailiff?"
Fang Quan gasped.
Could it be that……
"Let Xiao Fang become a bailiff?! His small body..."
"But he's a man..."
"Hiring a bailiff and a female stenographer is really killing two birds with one stone—ah, thank God, it's great that Xiao Fang is a boy! Judge Zheng, you really had a vision at that time!"
"Yes, very good, right!"
"...Is it really good?"
*******************************************************************************
"Of course!"
There was no court this morning, so Fang Quan followed Yi Zhongming in the car in the court to the Housing Management Bureau, the bank and other places to seize and freeze it.After finishing the work now, Yi Zhongming said that he was going to go to the bathroom, so he asked Fang Quan to go back to the car and wait for him.Fang Quan was bored in the car, so he talked to Hou Ge, the only bailiff and driver in the court, about what he heard at the door of Judge Zheng's office that day.
"The work of your clerks is tiring and complicated, and I'm sure you can't do it well!" Brother Hou scratched his face with his backhand, which was no different from a real monkey. "The bailiff is much more comfortable. Maintain order in the hall, just chat with the parties - but the last one must not be seen by the judge, or you will be scolded to death."
"Then... what about maintaining order?"
"Maintaining order is - hey, what is your expression? Maintaining order is not as scary as you think - we can put on this uniform and stand there, and we can play the role of maintaining order! Most of the people who come here People are very civilized and reasonable, and now we are equipped with security inspection equipment, so generally speaking, this job is not that dangerous. Besides, even if there is a fight, we can definitely stop it if we go together. Can I call you JC?"
"kindness…………"
"And the wages are relatively high!"
"... how tall is it?"
"That's a few hundred yuan more than when you became a full-time regular!" Brother Hou said somewhat proudly, "Although I still don't earn as much as my partner, but it's enough for a family to live on. You're a single man, and you don't have to worry about food or housing. This extra money is simply a net profit!"
"what…………"
"What are you talking about?" Yi Zhongming jumped into the car, "It's money and net profit, are you investing in stocks or crowdfunding?"
"Oh, Xiao Yi, don't you know?" Brother Hou put down the handbrake and started the car, "The judge seems to want Xiao Fang to accompany me as a bailiff!"
"Hey, Brother Hou!!!" Fang Quan panicked when he saw Brother Hou revealing the matter.
"Oh~~~~~~?"
Yi Zhongming deliberately elongated his tone, and turned his head to look at Fang Quan.And Fang Quan, who felt the gaze, quickly turned his face to the car window: "I just heard the judge say that, I don't know what will happen..."
"Oh, that's it." Yi Zhongming sounded a little unconcerned, "If the judge really decides this way, then I have no objection. The bailiff is also good, the money is much more than you are now, and," Yi said Zhong Ming paused, "It's more suitable for you."
"Suitable?" Fang Quan suddenly raised his head and looked at Yi Zhongming, "Do you think the job of bailiff is suitable for me?!"
Yi Zhongming leaned comfortably on the back of the chair, looking at the constantly receding scenery outside the window: "En..."
"...You really feel the same way..."
Fang Quan lowered his eyelids, and a strong sense of loss surged in his chest inexplicably.After returning to the court, he slipped into the office without even taking a bite of lunch, and looked at the mountains of documents on the table. He proofread the documents for a while, cleaned up the case files for a while, and refurbished them for Yi Zhongming. It didn't take long for him to get tired of the case, so he simply dropped all the work and fell on the table.Yi Zhongming ignored him and wrote the verdict on his own. He didn't wake up Fang Quan until the end of the lunch break.
"The case this afternoon is a bit complicated, have you done all your homework?" Yi Zhongming frowned slightly.
"Well, I checked the file a little yesterday, so it should be fine..." Fang Quan replied listlessly.
This afternoon was a property dispute case. The four plaintiffs claimed that the defendants, that is, the acquaintances of their common grandpa, kept a dog that was left by their grandpa when they passed away ten years ago, and should be inherited or inherited by the four of them. The antique mug they inherited, and now they ask the defendant to return this mug to them - that's all.To be honest, except that there are a little more plaintiffs, this case is not much more complicated than Fang Quan's other cases opened in the past two weeks. Judging from Fang Quan's experience, it can be handled easily... right?
Completely and coherently completed the court trial record, which is probably the only and last advantage of Fang Quan that will not be criticized by others in the court.Although Yi Zhongming has some complaints about Fang Quan's practice of letting Sister Ping write up the opening transcripts on his behalf on the grounds that there is no computer available, but from the results, every time Fang Quan can read the transcripts in advance even if he casually reads them in advance. After the court, so before you have your own office computer, there is no problem in doing this... right?
Stenographer Stenographer, stenographer is the first, and everything else can be done slowly.If I can find an opportunity to explain this issue clearly to the judge, maybe I can make her change her mind!
After packing up his things and going down to Court No. [-], Fang Quan found that there were only four people sitting in the plaintiff's seat, three less than the seven written in the case file: "Have all the plaintiffs arrived?"
"Yes, we are all here." A woman with a bun replied while taking out documents in her bag, "One of them was a minor so he didn't appear in court; the other two parties originally hired attorneys ad litem , but for the sake of convenience, I will act as the unified agent.”
"That's it..." After receiving the power of attorney, the letter from the law firm and other materials, Fang Quan was surprised to find that the female lawyer named Wang Shiqi looked about the same age as him, a person who had just walked out of school, but was actually younger. Already more than 30 years old!With emotion, the defendant and his attorney were also present. Except for a female plaintiff who greeted them politely, all three of them, including the female lawyer, showed obvious respect for the defendant and his attorney. hostility.
After a while, Yi Zhongming and the two people's jurors also took their places.After Fang Quan read out the court discipline, with the fall of the gavel, the case officially opened——
Trial: The People's Court of Erbing District, Sanshui City is now in session.According to the relevant provisions of the "Civil Procedure Law of the People's Republic of China", the case of the plaintiffs Wei Shilang, Feng Liya, Yuan Banlin, and Jian Tongying v. Yan Yili's property rights dispute is open today; the case is subject to ordinary procedures, and the assistant judge Yi Zhongming is in charge of the trial Chairman, and the people's assessors XX and XXX form a collegial panel, and the clerk Fang Quan is in charge of recording.Let's start checking the identity of the parties:
Plaintiff 1: Wei Shilang, male, born on XX, 199X, Han nationality, a second-year student at Sanshui University, living at No. X, X Road, Erbing District, Sanshui City.ID number: XXXXXXXXXXXXXXXXXX.
Plaintiff 2: Feng Liya, female, born on X.X., 200X, Han nationality, a first-year student of Sanshui No. [-] Senior Middle School, living at No. X, X Road, Erbing District, Sanshui City.ID number: XXXXXXXXXXXXXXXXXX.
Legal representative: Wei Shilang, brother of Feng Liya.
Plaintiff 3: Yuan Banlin, female, born on XX, 199X, Han nationality, a second-year student at Sanshui University, living at No. X, X Road, Yongjuquan District, Sanshui City.ID number: XXXXXXXXXXXXXXXXXX.
Plaintiff 4: Jian Tongying, female, born on XX, 199X, Han nationality, a first-year student at Sanshui University, living at No. X, X Road, Erbing District, Sanshui City.ID number: XXXXXXXXXXXXXXXXXX.
The above four plaintiffs jointly entrust the attorney Wang Shiqi (specially authorized agent), a lawyer of Sanshui Saibo Law Firm.
Defendant: Yan Yili, male, born on X.X., 19XX, Han nationality, living at No. X, X Road, Erbing District, Sanshui City.ID number: XXXXXXXXXXXXXXXXXX.
Attorney: Wang Xiongying (Special Authorized Agent), lawyer of Sanshui Yacher Law Firm.
"Ah, it's great that there are only four plaintiffs here..." Quite gratified, Fang Quan slowly pressed the backspace key to delete the information of the other two entrusted agents.After informing about rights and obligations, and asking whether to apply for recusal, the trial came to the court investigation. The petite but capable female lawyer stood up abruptly and began to read the indictment aloud emotionally——
Original: Claims: 1. Request that the defendant be ordered to return to the four plaintiffs the blue-and-white porcelain cup (hereinafter referred to as the sage cup) handed down by the ancestors of the Dong family in Jingdezhen during the Jiaqing period of the Qing Dynasty to the four plaintiffs; 2. The defendant shall bear the litigation of this case cost.
Facts and reasons: The four plaintiffs are the grandsons of Dong Mu, the original owner of the Sage Cup, and the defendants are Dong Mu's former friends. Dong Mu passed away on B-C, 200A, and the method of disposing of the sage cup recorded in his will is "the most qualified person among the three biological daughters and other four related bequeathes will inherit the cup".Due to the ambiguity of the will and the disputed validity of the will, seven heirs and legatees had disputes over the ownership of the sage cup, and the whereabouts of the sage cup were also unknown in this dispute.
截止201V年W月X日,董牧的三个亲生女儿及其配偶分别于200D年E月F日、200G年H月I日、200J年K月L日、200M年N月O日、200P年Q月R日、201S年T月U日去世,四名原告及案外人简同盛(因个人原因已放弃继承权)系上述六人晚辈直系亲属。
On W, X, 201V, the four plaintiffs learned that the sage cup, which disappeared ten years ago, was hidden in their home by one of the bequestees, the defendant Yan Yili, and requested the defendant to return the sage cup as the legal heir, but the defendant refused. return.Therefore, in order to protect its own legitimate rights and interests and recover the family heirloom of the Dong family, the plaintiff hereby submits to your The court filed a lawsuit, requesting to support the plaintiff's claim in accordance with the law.
Sincerely,
People's Court of Erbing District, Sanshui City
Plaintiffs: Wei Shilang, Feng Liya, Yuan Banlin, Jian Tongying
X month X day, 201X
Trial: Does the plaintiff have anything to add?
"I have two things I want to say to the defendant," the girl with the twin ponytails raised her hand, "I don't know if it counts as a supplementary explanation?"
Yi Zhongming nodded: "Speak first, be brief."
"Uncle Yan, the reason why I call you uncle is because we still hope that you can—"
"Wait a minute," Yi Zhongming interrupted the plaintiff, and looked at Fang Quan who was sitting below, "What are you doing? Isn't the plaintiff adding an explanation now? How did you pull the transcript to the very beginning? gone?"
"Then what..." Fang Quan lowered his head and muttered in a low voice, "I don't remember when she was the plaintiff?"
"Plaintiff 3, she is!" Yi Zhongming shouted impatiently, "These plaintiffs are pretty easy to recognize: the man is plaintiff 1, the one who didn't come is plaintiff 2, and the one with hair is plaintiff 4 , the one with the curly hair is a lawyer, who else is wrong with you?"
"No, no more..." Fang Quan pulled the transcript back to the place where it should continue to record, and added what he still vaguely remembered from what plaintiff 3 Yuan Banlin said just now.Seeing that Fang Quan was ready again, Yi Zhongming signaled plaintiff 3 to continue.
Plaintiff 3: Uncle Yan, the reason why I call you Uncle is because we still hope that you can return the Sage Cup to us as soon as possible.In any case, this is a treasure handed down by the Dong family.We would like to express our gratitude to you for helping us keep the Sage Cup for the past ten years, and we are willing to pay you for keeping the Sage Cup.As long as you are willing to return the cup to us, everything else is negotiable.
"That means," Yi Zhongming asked, "do you want to mediate?"
"Let's go through the trial procedure first," said the female lawyer.
"Okay, then the accused..."
"We don't agree to mediation!" The male lawyer named Wang Xiongying stood up, shaking his suit that was too flamboyant for the event of a trial, "Should we be the next one to defend?"
"Yes, and you just sit down and defend..." Yi Zhongming sighed softly, "Have you prepared a defense draft? Is there an extra copy for my clerk?"
"I never prepare extra materials," the male lawyer sat down, "but judge, you listen to me very slowly, so as long as you are a clerk with a normal hand speed, you can definitely write it down."
"Okay, then start your defense!"
A clerk with normal hand speed... Ah... Let's just count...
Fang Quan put his hands on the keyboard and swallowed hard.
Respondent: First of all, the porcelain cup held by the defendant Yan Yili is not the subject matter requested by the plaintiff.The two porcelain cups are not the same item: first, the defendant's sage cup was purchased from a farmer in his early years, not bequeathed by Dong Mu.Second, the patterns on the two sage cups are not exactly the same. The Dong family’s sage cup depicts four model workers drilling holes, but the Yan Yili’s cup depicts the beauty of Confucius and Mencius——
"Wait, defendant lawyer, wait a moment," Yi Zhongming interrupted the lawyer's defense, and then turned to Fang Quan angrily, "What is 'model worker drilling'? What did you remember?"
Yi Zhongming's voice of reprimanding Fang Quan was not loud, but it caused everyone in the court to burst into laughter, especially the defendant's lawyer who was in charge of the defense.Fang Quan arched his waist, wishing to put his face on the keyboard: "I don't know what to say, and I speak a little too fast when I'm alone, so I used the abbreviation of the first word..."
"Hey, hello, what education does this little brother have? Did you graduate from junior high school?" Lawyer Wang Xiongying wiped the tears from the corners of his eyes, "It's fine if you don't know anything else. Laozi, Mozi, Zhuangzi, Confucius, and Mencius should all You know? What the hell is 'Lamor drilling'?!"
"Ah, this..."
If you know it, you must know it, but you just didn't read the case file and didn't think about it at all.
"Okay, pay attention to the order of the court." Seeing that the laughter did not stop, Yi Zhongming tapped the gavel, "Defendant lawyer, please repeat what you just said to my clerk again!"
Fang Quan bit his lower lip and revised the transcript——
Yuan Dynasty: ...there are four people painted on it: Lao Jianzi, Mozi, Zhuangzi, and Confucius, but Yan Yili's cup has five people painted on it: Confucius, Mencius, Yanhui, Zengzi, and Zisi. There are photos to confirm .However, there is no photo of the ancestral sage cup of the Dong family. The four plaintiffs present here were still young ten years ago, and their memories must be a little fuzzy. Only based on the words of lawyer Wang Shiqi who participated in the case at that time, it was determined that this was his family's cup back then. It's ridiculous.
Secondly, there are also many problems with the litigants in this case.First, Dong Mu's will stipulated that "the most qualified of the three biological daughters and other four related bequeathes shall inherit the cup", now except for the four plaintiffs and the defendant Yan Yili, the other three None of the legates (“Fang Quan, this is the legatee, not the heir!!!”) did not participate in the lawsuit, and the collegial panel was suggested to be the third party (“Did someone say the plaintiff? Which ear did you hear him say the plaintiff? It’s not the plaintiff, it’s the third party!!!”); Second, this case has nothing to do with whether or not to give up the right to inheritance as a dispute over property rights, so Jian Tongsheng (“Come, come, don’t turn to the front, let me tell you these words How to write...") should also participate in the lawsuit; third, the plaintiff, Feng Liya, is the adopted son of Dong Mu's eldest daughter, Wei Qisi, after the death of her husband Wei Qisi——
"Stop, stop - no, just adjourn the court for 2 minutes!"
Since the beginning of the "Secondly" paragraph, Yi Zhongming has instructed Fang Quan to modify several places. After realizing the fundamental problem, he simply knocked on the gavel, called for an adjournment, and walked off the trial seat: "Fang Quan Quan, this court is specially reserved for you. Let’s see for yourself, what kind of stuff do you record? You didn’t smooth out the relationship between the parties at all, did you?!”
"How is that possible!" Fang Quan raised his voice with some guilt, and Fang Quan felt that his voice was sharper than usual, "I read the case files a few times yesterday! For now!"
"Let's be tall! I've seen that the record can be recorded like this?!" Yi Zhongming sighed, "Yes, let me tell you about the relationship between the characters! First of all, the place you are recording now, the eldest daughter's Two children, the plaintiff 2 is the underage girl born to the eldest daughter; and the plaintiff 1 sitting on the plaintiff table was adopted by her husband after the eldest daughter passed away!"
"Ah, that man was adopted? Are you sure? But isn't he also surnamed Wei? Then why didn't the underage plaintiff who didn't come take her own father's surname?"
"...One more word, be careful that I will cut you in front of so many people!" Yi Zhongming rolled his eyes at Fang Quan fiercely, "Then plaintiff 4 was adopted by Dong Mu's third daughter, But she was still young when she was adopted, so there is no problem with the adoption relationship; the next is the plaintiff 3, she is the biological daughter of the second daughter, but her parents left early, so she belonged to the subrogation as early as ten years ago ——Can you keep up with my rhythm?"
"Hmm..." I have to say that even if Yi Zhongming told him this without carefully reading the case file, Fang Quan still could not hear it.
From another point of view, to be able to remember such a complicated family relationship, I have to say that Yi Zhongming is quite amazing...
"And finally the two lawyers for both sides, the two of them—"
"Wang Xiongying! Show me some respect! This is a court!"
Hearing the roar, Fang Quan and Yi Zhongming immediately turned their gazes to the plaintiff's seat, and saw lawyer Wang Shiqi blushing staring at Wang Xiongying in the opposite dock, while several plaintiffs carefully dissuaded him from the sidelines.
"Why are you disrespectful? I just said 'marry me'!" Lawyer Wang Xiongying shrugged, "Look at you, you have been working for ten years, and you are still working as a litigator. I don’t have much money; now I mainly do non-litigation business, and the income is quite considerable! If you marry me, I will guarantee you no worries about food and clothing~~”
"It turns out that because the business is mainly non-litigation, the professional level of ordinary civil litigation cases has become so poor... No wonder the defense just now is full of loopholes..." Wang Shiqi concluded seriously, "And I seem to have heard that you are engaged in non-litigation business, no matter how much you earn, you are just taking other people's fractions?"
"Oh, your criteria for judging are not objective enough. I think we should look at this issue from the perspective of the entire legal profession and personal development." Wang Xiongying leaned back on the dilapidated chair, "For example, the two of us met ten years ago. I have represented the Dong family in the Sage Cup case, ten years later...forget it, I will leave some of the secrets at that time, I will leave it in the debate session and talk about it—as long as the cross-examination can be completed today~~"
"Wang Xiongying, you!!!"
"...As you can see, the lawyers of both parties probably have this kind of relationship." Yi Zhongming pushed his glasses, "Are you clear now?"
"Well...probably..." Seeing Yi Zhongming's murderous expression, even if Fang Quan didn't understand, he just nodded stiffly.
"Then hurry up and continue! Really, these are all you need to understand before the court, but now I have wasted so much talk! This court has just begun, don't let the whole court fail because of you alone. Go down!" Yi Zhongming returned to the trial seat with his hands behind his back, and knocked on the gavel, "Then let's continue the trial—defendant lawyer, you continue!"
Recipient: ... In addition, the plaintiff Wei Shilang is the son adopted by his husband Wei Qisi after the death of Dong Mu's eldest daughter. Wei Shilang only formed an adoption relationship with Wei Qiesi but not with Dong Mu's eldest daughter. Therefore, Wei Shilang has no right to participate this lawsuit.
Third, this case has exceeded the statute of limitations.The plaintiff already knew part of the fact that the defendant Yan Yili held a sage cup, but never filed a lawsuit. The statute of limitations has exceeded two years. It is recommended that the collegial panel dismiss the plaintiff's lawsuit.
"Hey, Wang Xiongying!" It was the plaintiff 3 with ponytails again, and this time she was agitated, "What do you mean by 'some plaintiffs have already known'? Do you dare to explain it clearly!"
"Lawyer Wang should be talking about some of you who often come and go in and out of my house?" The defendant Yan Yili, who had been silent all this time, finally spoke up, "You all know who it is, right?"
"Then don't say such eccentric things. In court, everyone should be more frank!" The man (...what's his name) from plaintiff 1 couldn't help but interjected.
"Hey, pay attention to the order of the court!" Yi Zhongming took the gavel in his hand again, "It is enough to delay the time with a useless clerk, and you are still talking about something! Wait! I'll give you a chance to talk later—tsk, I told you to remember, why didn't you remember a word of what they said just now?! Are you so proud of your trash status?!"
"Oh……"
Relying on his memory, Fang Quan tapped the keyboard mechanically - he didn't understand Yi Zhongming's relationship with him just now, but now he is even more confused after listening to the words of the parties...
Chaos, chaos, just a little more chaos!If his mind has become muddled, no matter whether the context of the case is clear or not, he still won't understand it—this is probably a test for the clerk, right? !
However, just like what Yi Zhongming said, this court has just begun. Will he last until the final concluding speech?
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