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

📅 2018-06-19 📂 Administrative LitigationAdministrative Litigation [1] 🏷️ #Tort Liability #The Sea Palace Case

  第三部:律师维权勇敢挑战法制办

[2] 6. Never Give Up

[3] Faced with such an absurd final judgment, Attorney Wang Tengfeng did not give up easily. Instead, he resolutely chose to continue fighting for his rights through legal means, firmly believing that justice would prevail one day. With the unyielding determination to "drag the emperor off his throne" and the indomitable spirit of "Yang Sanjie taking her case to court," he persisted in his struggle for his rights. Attorney Wang Tengfeng first raised sharp questions about the Civil Judgment through the court's "post-judgment Q&A" procedure (Figure 118):

1. Disregarding facts, distorting the case, ignoring the damage to the plaintiff's legitimate rights and interests, and rendering a wrong judgment through abuse of law.

2. Fabricating legal terms, misinterpreting the law, and applying it erroneously due to complete ignorance of the concept of reputation.

3. Fearing administrative organs, yielding to government pressure, vigorously absolving the defendant of tort liability, and losing the spirit of independent judicial adjudication according to law.

4. However, the presiding judge responsible for post-judgment clarification essentially repeated the reasoning in the Civil Judgment and suggested that dissatisfied parties apply for retrial to the Guangdong Provincial High People's Court (Figure 119).

5. On May 5, 2014, Director Wang Tengfeng sent intern lawyer Li Lulu from Guangdong Zhiming Law Firm to submit retrial application materials to the Guangdong Provincial High People's Court. On May 26, 2014, the Guangdong Provincial High People's Court issued a notice of acceptance of the retrial application (Figure 120).


  6. Figure 118: Copy of the Shenzhen Intermediate People's Court's "Post-Judgment Clarification Reception Form" (No. 448).


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


 Figure 120: A scanned copy of the "Notice of Acceptance of Civil Retrial Application Case" from the Guangdong Provincial Higher People's Court, dated May 26, 2014.

  (待续)

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