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

📅 2018-06-19 📂 Administrative Litigation Administrative Litigation 🏷️ #Tort Liability #Maritime Palace Case

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

6. Never Give Up

Faced with such an absurd final judgment, lawyer Wang Tengfeng did not give up lightly. Instead, he remained undaunted and resolutely chose to continue fighting for his rights in accordance with the law. He firmly believed that justice would eventually prevail, holding onto the unyielding will to "dare to pull the emperor off his horse" and the indomitable spirit of "Yang Sanjie's lawsuit," continuing to struggle for his own rights. Lawyer Wang Tengfeng first raised sharp questions about the "Civil Judgment" through the court's "post-judgment clarification" procedure (Figure 118):

1. Ignoring facts, distorting the case, disregarding the damage to the plaintiff's legitimate rights and interests, and making a wrong judgment in violation of the law;

2. Fabricating legal terms, misinterpreting the law, and erroneously applying it with a fundamental ignorance of what constitutes the sense of reputation;

3. Fearing administrative agencies, succumbing to government pressure, vigorously excusing the defendant from tort liability, and losing the spirit of independent judicial adjudication according to law.

However, the presiding judge responsible for the clarification essentially repeated the reasoning in the "Civil Judgment" and suggested that the dissatisfied party apply for retrial at the Guangdong Provincial High Court (Figure 119).

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 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.


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

  (待续)

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