The Case Within a Case of the "Sea Palace": Never Give Up — The Ultimate Revelation of the "Sea Palace" Case (Part 31)

June 19, 2018 📂 Administrative Litigation Administrative Litigation 🏷️ #Tort Liability #Application for Retrial #Post-judgment clarification #Reputation dispute #Civil judgment #海上皇宫案 #Shenzhen Lawyer

[6] Part Three: Lawyer's Rights Defense Bravely Challenges the Legal Affairs Office

6. Never Give Up

Faced with such an absurd final judgment, Attorney Zhiming did not give up lightly. Instead, undaunted and resolute, he chose to continue lawful resistance to defend his rights. He firmly believed that justice would prevail sooner or later, and with the unwavering determination to "drag the emperor off his horse" and the indomitable spirit of "Yang Sanjie's lawsuit," he persisted in fighting for his rights. Attorney Zhiming first raised sharp challenges to the Civil Judgment through the court's "post-judgment clarification" procedure with the Shenzhen Intermediate People's Court (Figure 118):

1. Disregarding the facts, distorting the case, ignoring the damage to the plaintiff's lawful rights and interests, and rendering an erroneous judgment by perverting the law;

2. Fabricating legal terms, distorting the law, and wrongly applying them out of fundamental ignorance of what the sense of reputation truly is;

3. Intimidated by administrative organs and yielding to governmental tyranny, [the judge] has striven to exonerate the defendant from tort liability, thereby abandoning the spirit of independent judicial adjudication in accordance with the law.

However, the presiding judge responsible for providing explanations essentially repeated the reasoning set forth in the Civil Judgment, and advised the dissatisfied parties to apply for retrial with the Guangdong Provincial High People's Court (Figure 119).

On May 5, 2014, lawyer Zhi Ming sent Li Lulu, a trainee lawyer at Guangdong Zhiming Law Firm, to submit materials for retrial application to the Guangdong Provincial Higher People's Court. On May 26, 2014, the Guangdong Provincial Higher People's Court issued a notice of acceptance of the retrial application (Figure 120).


 Figure 118: Copy of the "Post-Judgment Q&A Reception Form" (No. 448) from the Shenzhen Intermediate People's Court.


Figure 119: Copy of the "Post-Judgment Q&A Letter" issued by Judge Zhang Huihui of the Shenzhen Intermediate People's Court.


I'm ready to help translate your Chinese legal content into professional English for the Shenzhen Zhiming Law Firm website. Please provide the Chinese text you'd like me to translate.Figure 120: Scan of the "Notice of Acceptance of Civil Retrial Application" from the Guangdong Provincial Higher People's Court dated May 26, 2014.

(To be continued)

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