This sort of thing is indeed a trivial matter, it seems that diation would resolve it, but the more it goes unchallenged, the more rampant these people will beco in the future.
In fact, Tang Fangjing himself often saw on the internet drivers forcibly cutting in line, each with a temper alarmingly large.
It's as if you've committed a serious cri by not yielding to them, and they would even get out of their cars to fight.
If you don't take a harsher stand, they will never realize their mistakes, thinking they can always settle things with money, then what's there to fear? They might beco even more brazen next ti.
Ti quickly moved to three days later, at the Xihong District Court, Old Tang had already taken his seat in the plaintiff's representative area, holding his briefcase.
Ju Haiqing didn't show up, reportedly because he hadn't updated in several days and had received a blade in the mail. Now he was frantically catching up on his writing, not daring to delay any further.
After a while, the defendant's side also arrived, a middle-aged burly man with a very dark complexion, accompanied by a representative.
Old Tang didn't bother to greet them, knowing that he must have deeply offended them by now, but he didn't care; he had offended many over the past years.
The business of advocacy inherently involves offending people. If you fear offending others and dare not sue, you might as well lie down in your coffin ahead of ti.
After waiting a bit longer, the clerk declared all to rise as the Judgnt Chief, flanked by two judges, walked in.
The face of today's Judgnt Chief was also very dark. The case filing office registers all kinds of cases, and this type of case is really difficult to handle.
The trial began, and the fact-finding stage in court didn't last long, as there was very little evidence in the case, essentially just one video.
"In the video, Yu Erming tries to cut in line, and he continues to do so even at the solid line. It is reasonable for our client to refuse to let him in,"
"As a result of forcible line cutting, a vehicle scrape occurs, and the other party gets out of the car and starts cursing us right away. Can we determine that the other party was the first to provoke?"
"Moreover, if you look here, the other party started the physical altercation first, and our client was showing behavior aid at avoiding conflict!"
Old Tang pointed to a screenshot of the video, at which point, Yu Erming had already made his move, kicking out.
Ju Haiqing tried to dodge but couldn't, and the other party's slap had already landed, striking him a fierce blow.
"According to the 'Guiding Opinions on Handling Minor Injury Cases According to Law,' issued jointly by the Supre People's Procuratorate and the Ministry of Public Security, clause 2, article 9,
"In the case of an argunt arising over trifles, where neither party can remain restrained, leading to a fight. If one party initiates the assault and the manner of assault is clearly excessive or if one party continues to aggress while the other party is earnestly trying to avoid the conflict, causing injury to the other party, it should generally be considered as legitimate self-defense!"
Simply put, the argunt hinges on one point being the fact and the other the rationale, which is the legal stipulation.
And this opinion has only been issued this year, with the goal of letting frontline law enforcent officers know that they cannot chanically consider all retaliation as mutual fighting.
On the other side, the police station's representative started: "The behavior of Ju Haiqing in the video cannot be considered as avoidance of conflict, he rely dodged the other party's attacks and then directly counterattacked!"
"And this counterattack was clearly with the intention of revenge..."
Old Tang retorted, "The entire conflict lasted only a few seconds!"
"And the other party's initial assault was just a kick, lasting less than a second. So tell , how do you determine that this cannot be recognized as an avoidance of conflict?"
"The other party's attack lasted less than a second, so the avoidance of conflict also lasted about a second, so is that also problematic?"
"You can't chanically dismiss it as not an avoidance of conflict just because it's brief. Does that an if the other party attacks, only running away counts as avoiding conflict?"
"Years ago, the two higher courts and the Ministry of Public Security jointly announced that the law cannot yield to the unlawful. So tell , defendant, in this matter, who is lawful and who is unlawful!!"
Old Tang's voice echoed through the entire courtroom; he was nearly shouting. If the judges thought he violated the order of the court, he was willing to be expelled or even detained administratively!
But he had to say what needed to be said.
Sure enough, the wronged party has to run away to be considered avoiding conflict, right!
The Judgnt Chief spoke up, "Please, the plaintiff's representative, watch your language."
It was a warning, but only just a warning. Old Tang had already said what needed to be said.
The representative on the other side glanced at the big man beside him and spoke again, "I believe the plaintiff's lawyer is making an arbitrary argunt. Indeed, the law cannot yield to the unlawful, but the counterattack was clearly done in vengeance, which runs counter to the concept of legitimate self-defense..."
Old Tang, who had sat down, stood up again and said, "Oh, so you an to say that legitimate self-defense must only be defensive, and any intention to attack negates self-defense, is that right?"
"Then explain to how the regulations about causing harm to the other party in self-defense are ant to be interpreted. Do you expect to shock the opponent into injury by blocking?"
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This is a re equivocation. For an old slick like Old Tang, it's not sothing he deigns to use, not that he can't use.
He noted this lawyer well.
One of the judges almost laughed aloud, mostly because the tone Old Tang used when he said that was very amusing.
"You're equivocating. I'm talking about the concept of defense, not the literal aning of the word 'defense'!"
"Oh? You also acknowledge equivocation? So a short-lived avoidance of conflict can't be recognized as avoidance of conflict, right? Who is the one here making an arbitrary argunt?" Old Tang retorted upon hearing this.
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