Chapter 82: Neither Stupid nor Bad
Zhao Jing said: "Apart from Xie Ling criticizing people everywhere, is there any other situation in the court?"
I said, "It's true that the other party's agent has released a few big names."
Zhao Jing said, "Hmm? What a big brand."
I said: "First of all, Xie Ling submitted an archived copy of the three general floor plan of Jinxiu Garden retrieved from the planning department in court, trying to prove that our terrace soundproof glass and the glass curtain wall outside were illegal structures, so Wei Ningshan and his son should not compensate us."
Zhao Jing said: "Master, this is a master, but I believe it is her master's idea. In addition to the planning and floor plan of the Jinxiu Garden Building 3, what other big names are there?"
I said, "Well, and Xie Ling also asked the court to send a letter to the municipal planning department in court to ask whether our terrace soundproof glass and the glass curtain wall outside were illegal buildings. The presiding judge also agreed. If the planning department replied that our glass was illegal buildings, will Wei Ningshan and his son not have to compensate, or even bear criminal responsibility."
Zhao Jing said: "Xie Ling's application was not submitted during the criminal trial stage, right?"
I said, "Wife is so smart! I didn't really mention it during the criminal trial stage. Is there any statement here?"
Zhao Jing said, "Hehe, husband, you have asked the right person."
I said, "I know my good wife is the best. Have you ever handled such criminal cases?"
Zhao Jing said: "Not only did I handle it, but Xie Ling's master also handled it. At that time, he was the defendant's entrusted agent for the case. Later, this case was also a fine case, and was published as a high-quality case, and was published in the news of our city's daily newspaper."
I said, "Oh? Then say it."
Zhao Jing said, "Now I say it won't delay your signature, right?"
I looked back at the court and was still carefully reading the transcript. After reading one, I signed the next one and then looked at the next one, and said, "It's still early to sign it. Wife, please continue."
Zhao Jing said: "At that time, a villager was a villager. He had an objection to a villa built by one of the villagers who had illegally occupied collective land and illegally built. He reported it to the government. The government also issued a notice of ordering the demolition within a specified period of time. However, the villagers who built the houses privately did not demolish them. The government also managed according to law and had to wait until the relevant punishments took effect before they could demolish them."
I said, "This thing is still effective or not."
Zhao Jing said: "You haven't learned the relevant content of the Administrative Litigation Law. After the demolition decision is made, you have to wait until the parties do not sue before you can continue the next forced demolition procedure."
I said, "That's it."
Zhao Jing said: "So, seeing that the government has not demolished for a long time, the villagers who reported it took a final excavator to flatten the illegal building. Then the demolished house called the police and the public security intervened. After the case arrived at the court, the court believed that although the illegal building was illegal, the source of the building materials was legally purchased, so it also belongs to the scope of legal adjustments, and its value actually exists. Although the person who built a house privately did not demolish it on his own within the time specified by the administrative penalty decision of the people's government, the demolition of illegal buildings should still be applied to the court for compulsory execution by the agency that made the penalty decision. Any individual or other agency or unit who demolished the illegal building without authorization is an illegal act."
I nodded and said, "So in criminal terms, it should be no problem to find Wei Ningshan and his son guilty, right?"
Zhao Jing said, "Yes."
I said, "But why did Xie Ling and her master not raise this view together in the criminal trial stage since they had made a defense of innocence? One more view is better than one less."
Zhao Jing said: "So these two people are either really stupid or really bad."
I smiled and said, "Oh? I hope to hear it carefully."
Zhao Jing said: "If they are really stupid, then they don't remember and don't know that there was such a case. If they are really bad, then they deliberately pretend not to know even though they know that our city has had this case. Although we are not a case law country, in fact, judges, especially judges in the same city, will not make too many judgments on the same case in different cases. Since this view cannot be supported in the criminal stage, they will not simply not raise it."
I said, "Sorry, my wife, I still haven't clarified your ideas logically."
Zhao Jing said: "In the criminal trial stage, the agents of Wei Ningshan and his sons faced the opponents with rich experience. If they proposed the concept of illegal buildings at this time, they would definitely be refuted by the prosecutor using legal principles and even cases that have existed. However, when the criminal and civil stage, they face you as a novice, so they don't have to worry about you being able to make strong rebuttals. In fact, you didn't put forward a good rebuttal just now, right?"
I smiled bitterly and said, "Yes, my rebuttal to their view is indeed very pale and powerless. So, when faced with the other party's view, we really can't deal with it."
Zhao Jing said: "In the civil compensation part, I have not been exposed to relevant cases. Because the parties involved did not file a criminal and civil compensation claim in the last case, so I am also curious about how the judge will determine it."
I said, "Okay, can you just wait patiently and see how the court will make a judgment in the end?"
Zhao Jing said: "Didn't it mean that the court will send a letter to the relevant planning department? When cross-examination is reached, we will think in advance how to refute the defendant's reason that illegal buildings should not be subject to legal protection and should not be subject to civil compensation."
I said, "Well, that's all."
Zhao Jing said, "Honey, it's so hard. My wife should have gone with you to waving the flag and shouting for you. After all, it's your first time in court. Don't blame me for your husband."
I smiled and said, "How could I blame you?"
At this time, the clerk shouted in the court: "Weize, you are ready to sign."
Zhao Jing also heard the clerk's voice, so she said, "Okay, husband, please go sign, do you go to school or go home at noon?"
While walking into the court, I said, "I still have classes in the afternoon, so I'd better go to school directly and go home after school in the afternoon."
Chapter completed!