As a Lawyer, You Sent the Judge In?
Chapter 336: Is it difficult to enforce administrative cases? I turned my back and submitted it to
Chapter 336 Is it difficult to enforce administrative cases? I submitted it back to supervision and review!
The difficulty of administrative cases lies in the difficulty of enforcement.
However, Xiao Pingjun’s case involves such a big thing.
Let’s be honest..it’s probably more than just inaction involved.
Even involving concealment and failure to report internally.
It is a non-reporting and non-investigation.
If reported, the case will definitely be investigated in depth.
At that time, the scope and responsibility issues for accountability will also be magnified.
The main reason why I did not report it at the beginning was that if I reported it, it might also be affected by other factors.
As a result, it does not have much effect.
For example: Relevant departments responded that we are investigating and handling the matter.
Then what?
Have you been delaying and reporting?
Administrative reconsideration is difficult to a certain extent, let alone other matters.
But it is different after the prosecution. After the prosecution, it involves the determination of the fact of inaction.
If we use this to report, can the words of the relevant departments outweigh the judgment of the court?
Definitely not!
The court's decision has legal effect.
If you say you did nothing, it must mean that you failed to fulfill your responsibilities during the investigation.
Through this point, the supervisory review initiated has a relatively large effect.
This is also the relevant law enforcement power determined by the court.
Speaking of this, Su Bai not only remembered an interesting incident of an administrative case.
It is said that there is a case involving financial compensation in a certain region.
However, a certain region has been saying that it has no money and will not provide compensation.
Because the financial special purpose has legal immunity.
The court cannot freeze it directly.
You can’t directly freeze your finances, and you say you have no money and you won’t get it back, so what should you do?
At this point, does it seem that there is no progress?
But things went beyond everyone’s expectations.
The president of the Railway Court is very concerned about this case.
So I kept following a certain leader’s bus.
When the driver went to wash the car, he showed the relevant documents and seized the car for mortgage.
Finally, the financial department compensated me and got the bus back.
Of course, this situation is in the minority.
That court belonged to the Railway Court at that time.
This situation will only occur if the jurisdiction is relatively independent.
As for the local court, this will definitely not be done.
It can only be said to be a special situation.
However...for Su Bai, as long as the court makes a relevant judgment, it will not be difficult to implement this case.
Besides, Li Xuezhen’s face was solemn: “Lawyer Su...it is difficult to enforce administrative cases.”
“What shall we do next?”
“Let the court enforce it?”
Su Bai smiled and said: "It is almost impossible for the court to enforce it."
“Let’s sort out the materials first.”
“If the defendant’s department fails to implement relevant measures within the time limit specified by the court.”
“Let’s go to the relevant supervision department to report it.”
report? !
As soon as she heard the word "report", Li Xuezhen's eyes kept shining.
Then he nodded heavily: "Okay Lawyer Su!"
Report this, she likes it the most!
But it’s a matter of time limit...
“Lawyer Su, how long do you need to wait within the prescribed time limit?”
“Within 7 to 15 working days according to the prescribed period.”
“Because the court’s decision gave time for corresponding corrections, the conditions for refusing to perform were not met.”
“If it is not achieved, the role of initiating corresponding supervision and review will be much smaller, and we will have to wait.”
"profound."
“Okay Lawyer Su!”
“But…but what about the review unit…I think this review unit also failed to act.”
“However, based on the relevant interpretation of the Supreme Court, the court decided not to review the review unit.”
“What about this...what should I do about this?”
Li Xuezhen’s face was filled with confusion and a little expectation.
For Xiao Li, what could be more worth looking forward to than sending everyone in the defendant's seat?
Just send them all in.
So for the court, which is a non-prosecution review unit.
Li Xuezhen seemed very considerate.
Su Bai smiled after seeing Xiao Li's expression, and then said:
“The law stipulates that the reconsideration unit and the administrative unit shall not be prosecuted at the same time.”
“But separate prosecutions are possible.”
“Furthermore, the Intermediate Court is under the jurisdiction of Jinshi Nan District.”
“Sue against the administrative unit of the Southern District.”
“The relevant trial will definitely be difficult to decide, if there are any other circumstances, or the relevant supervision is unqualified.”
“You can apply to the Provincial High Court to transfer jurisdiction, or apply to the Provincial High Court to review the review unit.”
“It’s not easy for the Intermediate Court to hear the case, but it’s also hard for the High Court to hear it?”
The Provincial High Court has a much higher administrative level than the Intermediate Court.
For a district administrative management, if judgment is made, there is no burden at all.
“Oh, okay, Lawyer Su, I understand!”
After listening to Su Bai's words, Li Xuezhen's face was filled with joy and her eyes were wide open with a smile.
Send it in, send it all in! .
….
After the verdict, Su Bai also contacted the staff of the Law Enforcement Department.
Ask whether the relevant implementation of this case can be advanced.
certainly.…
It would be a better thing if the court could make relevant advancements.
But what is said on the other side is very vague, which means that it is difficult to execute administrative cases because they are not in the same unit after all.
Furthermore, if enforced, it will be difficult.
Hearing this, Su Bai also expressed his understanding.
It is too common that administrative judgments are difficult to enforce...
Since it cannot achieve much effect from the enforcement aspect of the court.
So we still need to wait for a while to see whether various departments have implemented it after the execution deadline given by the court has expired.
If implemented, this case can be regarded as completing the client's litigation claims.
If it is not implemented, report it directly when the time comes.
On the other hand, Su Bai also asked Xiao Pingjun to go to various administrative departments to urge implementation.
And leave evidence that you went to various departments.
After all, this is conclusive evidence anyway.
It will definitely be useful to report and initiate supervision and review when the time comes.
.
….
Dafa Supermarket, General Manager’s Office.
Since the end of the court trial, Wang Hai has not been in a good mood.
Because this case not only failed, but also faced many problems, such as compensation issues and complaints.
and related public apology.
Actually, Wang Hai doesn’t care about the issue of compensation.
How much compensation can be paid?
It’s not that he can’t afford the money according to regulations, nor is he unwilling to give it.
It would be fine if we just compensate Xiao Pingjun and his family, but what is the current situation?
After Xiao Pingjun won the case in court, he began to explain his victory to other families who had purchased expired food.
And tell everyone that they must demand compensation.
Even more, we can create groups to find people who have purchased expired products and defective fakes from Dafa supermarkets.
This has a great impact on Dafa Supermarket, not only in terms of compensation, but also in terms of reputation.
Then there is.
Many people, led by Xiao Pingjun, went to the industrial and commercial, health and food safety departments to complain about Dafa Supermarket. In recent days, the reputation of supermarkets has been very bad, and the flow of people has dropped visibly!
At this time, the cell phone rang.
Wang Hai picked up the phone impatiently and looked at the phone page.
After seeing the name of the person who made the note, he hurriedly picked up the phone and said with an apologetic smile:
“Brother Zhang...”
An impatient voice immediately came from the other end of the phone: "What's going on in your supermarket lately?!"
“The trial ended a few days ago, and the person in charge told me that we lost the case.”
“It doesn’t matter if you lose the lawsuit, you just need to go through a process, and it may not be enforced.”
“But why are there more and more complaints about supermarkets now?”
“We even complained to the city...”
“What’s going on over there?”
Wang Hai hurriedly explained: "Brother Zhang, this is not the sequel to this case."
“That Xiao Pingjun, he’s always been talking about the bad quality of our supermarket...”
“It’s useless to call the police. Law enforcement officials said that they did not interfere with normal public order and did not spread rumors.”
“Now a lot of people are making random complaints...”
“Brother Zhang, I really have no choice... You see, our supermarket donates things every year. Brother Zhang, please help us suppress these complaints for the time being.”
“Otherwise, it would be really difficult for my supermarket to continue operating.”
Zhang He on the other end of the phone was silent for a few seconds and said, "Okay."
“The health and food inspection department said they lost the case, but I have asked about it.”
“The court can’t enforce it at all. You should seize the time to rectify the supermarket.
“Don’t end up with a lot of complaints at the end”
“I can still press it down now.”
“But if you keep complaining later, it won’t be easy for me to tell you, do you understand?”
“Okay, thank you, Brother Zhang...”
“Well, don’t thank me yet, do your things well first.”
Hang up the phone, Wang Hai took a long breath. As long as there are other departments of industry and commerce, there will be no relevant penalties.
Procrastinate temporarily.
Then the follow-up matters will be much easier to handle.
It’s just...after this incident, it’s the end of the year, and I’ll probably have to donate a lot more things.
Thinking of this, Wang Hai really hated Xiao Pingjun.
.
….
After 15 working days after the conclusion of the judgment.
Bai Jun Law Firm.
Commander Xiao Ping sighed: "Lawyer Su...we have won the case now."
“But the relevant departments still haven’t done anything, so it’s useless to complain.”
“People keep saying that they are under investigation, but there is no reply on the progress of the investigation.”
“Lawyer Su...I just can’t get angry!”
When he said these words, Xiao Pingjun couldn't help sighing.
Although the case was won in court, there was just no way to deal with it and it seemed very powerless.
In response to this, Su Bai comforted him and said:
“It’s okay, you’ve been complaining all this time, but there’s still no reply, right?”
Xiao Pingjun looked helpless: "It's not that there is no reply."
“Every time I reply, the answer is that it is under investigation and is being implemented.”
“These are the same words over and over again.”
“However, the details and progress of implementation are not disclosed at all.”
“I followed what you said, Lawyer Su, and went to reconsider it again. Guess what?”
“The person in charge criticized me directly, saying that I was quite capable, and I went to court to sue them.”
“Let me sort this out myself.”
….”
Xiao Pingjun looked distressed, even though the flow of people in Dafa Supermarket has decreased now.
However, he still did not receive any punishment from the administrative department, and he was very depressed.
Su Bai smiled and said: "Don't worry yet, there is still a way to deal with this matter."
Because Su Bai did not tell Xiao Pingjun about the report and supervision before.
Mainly, I was worried about telling Xiao Pingjun about this matter in advance.
If other problems arise, it will be difficult to deal with.
But now that the execution period has passed and we have reached the stage of refusing to perform, there is no need to worry about this.
So I told Xiao Pingjun about the subsequent progress.
After hearing this, Xiao Pingjun slapped his thigh: "Lawyer Su, this is great!"
“Let’s report them all directly!”
“After the provincial government, they still don’t do anything. What if there are other cases of expired food poisoning and the treatment of children fails?”
“You should report them properly!”
Xiao Pingjun said repeatedly, the depression on his face swept away.
Following that, Su Bai and Li Xuezhen took Xiao Pingjun directly to the reporting and supervision department of Tianjin City.
Administrative units that refuse to implement court decisions according to relevant laws and regulations.
You can make a judicial request to a higher level or to the supervisory authority.
In addition, department heads and persons in charge who refuse to perform in serious cases and who constitute other acts shall be dealt with in accordance with the law.
Let’s not talk about other things first.…
Just saying that this caused mass food poisoning and not reporting it to the higher level may constitute an underreporting.
Submit it to supervisory review, should this be investigated to the end?
Let’s talk more…
Another point is that Dafa Supermarket’s behavior has constituted a serious situation.
Don’t the various relevant departments know the seriousness of this situation?
Based on this situation, why do various departments still not impose relevant penalties?
This point deserves further consideration.
But no matter what, as long as the relevant supervisory review is submitted.
The reviewer will naturally give a result and answer.
Don’t care about anything else!
Report it first and then talk about it!
Is it difficult to enforce administrative cases? If the person in charge can’t implement it now, someone will naturally do it!
After walking out of the supervision and review department, Su Bai breathed a sigh of relief.
Now that the relevant supervision review has been submitted, we just need to wait for the subsequent inspection results.
This time the facts he listed were clear and the evidence was clear.
Basically no problems!
And the other side.…
After receiving the relevant materials, the supervisory review conducted an investigation based on the relevant materials.
Confirmed that the evidence is true and the facts are clear.
In an office.
A man in his forties or fifties handed the materials submitted by Su Bai to the staff in front of him.
“This case involves harboring and covering up mass accidents.”
“Involving industry and commerce, food inspection and sanitation, please notify the heads of these departments and come to us for an investigation.”
"OK."
The staff looked through relevant materials after leaving the office.
Mustically read: "This mass food poisoning incident will not be reported?"
Shaked his head and did not continue to think about it. According to the leadership's request, he notified the responsible persons in charge of all parties and came over for investigation.
At the same time, in an office of the industrial and commercial department.
Zhang He hung up the phone and frowned. Who reported him to the supervision department?
On the phone, I only asked him to go there, but I didn’t mention why he went!
This inevitably made Zhang He feel a little nervous.
Could it be because of the Dafa Supermarket incident?
“If it comes down to it, it should just be a conversation, no problem.”
Thinking of this, Zhang He breathed a sigh of relief.
.
….
PS: Please give me a monthly ticket~
(End of this chapter)
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