129: Court trial, do you know what values ​​are?

No matter what Judge Pan thought, the case still had to go to Court.

Spring rain is as precious as oil, and Zhou Yun walked in the rain, carrying his bag and holding an umbrella, looking at the hazy world and feeling inspired to write poetry.

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Today was the day the case went to Court, and Zhou Yun had been preparing for this day for a long time.

He had to convince not only the Presiding Judge but also the Adjudication Committee of the Nanyun District Court. This case was definitely going to be discussed by the Adjudication Committee.

Twenty minutes later, in the largest courtroom of the Nanyun District Court, Zhou Yun took his seat at the plaintiff’s representative’s table.

After waiting for about five minutes, Jiang Qiming, looking serious and dressed in a suit, walked in with Qiu Wei.

A smile appeared on Zhou Yun’s face. He had prepared a surprise for Director Jiang.

Director Jiang had been a Director for so long, he wouldn't actually think his practical skills were still good, would he?

Look at what Old Zhuang has become now; his networking and social skills are first-rate, but his practical skills are barely third-rate.

But the fact is, there are many lawyers with strong professional abilities, but those with networking skills like Old Zhuang are very rare.

So, this time in Court, he not only had to win, but he also had to win spectacularly!

At the same time, Jiang Qiming also saw Zhou Yun, but after seeing Zhou Yun, his gaze became a bit evasive.

Because… from Jiang Qiming’s perspective, the handsome young man opposite him looked at him with eyes full of interest, exactly like a pervert.

No, how long has it been? Zhou Yun has become like this?

When he was in Tianhe before, he seemed like a very dull and honest person.

Thinking this in his mind, Jiang Qiming still maintained a calm demeanor on the surface as he walked to the defendant’s representative’s seat and sat down.

He looked around and felt a bit confused. Did such a case require such a large courtroom?

The public gallery seemed a bit too big; this case probably wouldn't even have anyone attending.

Qiu Wei, sitting next to him, looked unwell. He also sat down. Liu Jiale didn't come; after all, he had to save some face.

The Clerk began to verify relevant information with both sides, but after a while, a commotion suddenly came from the doorway.

Jiang Qiming frowned, looked up at the door, and then saw a group of university students, led by a professor, continuously entering.

Why university students? You could tell at a glance by the clear and ignorant look in their eyes.

There were more female university students among them. Youth is capital, full of collagen, and their lively chatter made it quite bustling.

These university students sat down in the public gallery one by one, and the leading professor stepped forward to greet Zhou Yun.

“Good morning, Lawyer Zhou. Your trial is so popular; everyone wants to come.”

Zhou Yun smiled and said, “It’s fine, it’s fine. Tell everyone that there will be plenty of opportunities in the future.”

“And later, I can try to arrange a live broadcast of the trial.”

The professor smiled and nodded, then returned to the public gallery.

This was the surprise Zhou Yun had prepared: a group of young students from Jiangdong University of Political Science and Law.

What do old men like Jiang Qiming like? They like the admiration and respect of young women.

So Zhou Yun specifically contacted Jiangdong University of Political Science and Law, saying he wanted to organize a social practice.

There was nothing more to say about that; the university had no reason to refuse. It was said that students from the civil law and criminal law departments within the school almost got into a fight.

The Nanyun District Court naturally gave face, so it worked out. How could a debate not have an audience?

A debate without an audience is meaningless.

Jiang Qiming had already learned the situation from the Clerk, but he also had no reason to refuse.

With so many young women, he had to properly show off his abilities in front of them.

He was no longer interested in Kang Xiaoyu… Don’t misunderstand, a man’s preferences are always so singular: they just like young, fresh ones.

Finally, the members of the collegial panel arrived. Judge Pan served as the Presiding Judge, looking particularly serious with an expressionless face.

Many arrangements in the Court actually have historical reasons.

For example, in some rooms where divorce trials are held, the tables and chairs are fixed to the floor.

Why? Because once during a trial, both parties started fighting with chairs…

Similarly, the reception area for petitions is also arranged this way; these are also fixed, so you can’t pick them up at all.

The “Plaintiff” and “Defendant” identity plates on the table used to be made of copper. Why are they plastic now?

Because once, when people started fighting, they used those things as darts. Don’t tell me, they were quite effective.

It scared the judges into hiding under the tables. After all, they were made of copper; if one hit you on the head, it could make a bloody hole.

And at this moment, the gavel Judge Pan held was the latest… coordinated from the adjacent Criminal Court.

They’re all from the Court, and it’s not like they’re lost, right? Who uses it doesn’t matter.

Following protocol, he first asked both parties if they were willing to mediate. After receiving a negative response, he immediately announced the opening of the trial.

Zhou Yun began his statement first.

“In this case, the co-infringer Wu Yufang and the plaintiff Zhang Yunfan are husband and wife. Three years ago, during the marriage, Wu Yufang met the defendant Liu Jiale through the internet. Three months later, under Liu Jiale’s relentless pursuit, the two engaged in sexual relations and have maintained an extramarital affair ever since.”

“In February of this year, the plaintiff discovered them while they were having relations in room 1308 of the Delai Hotel.”

“Liu Jiale, disregarding social morals and violating public order and good customs, maintained an extramarital affair with the plaintiff’s wife for nearly three years, leading to the breakdown of the plaintiff’s emotions and family, and causing immense emotional harm to the plaintiff.”

“According to legal provisions, spousal rights are a type of status right and should be supported. The defendant and Wu Yufang infringed upon the plaintiff’s spousal rights and should bear joint and several liability for compensation.”

“The plaintiff has the right to claim full compensation from any infringing party.”

Joint infringers bear joint and several liability.

This means that if Li Si and Zhang San together infringed on Wang Wu’s rights, Wang Wu can sue either of them for full compensation, or sue both for joint compensation.

As for how they divide it internally after compensation, that’s their problem. This is joint and several liability.

Why wasn’t the unfaithful Wu Yufang sued this time? It’s simple: because there was no need.

The two are not divorced yet, and their property has not been divided. If they win the lawsuit now, enforcement would be very troublesome.

So, it’s better to let Liu Jiale bear the responsibility first, and then make Wu Yufang bear compensation through divorce proceedings. Two types of responsibility, two methods of compensation.

Judge Pan didn’t even lift an eyelid and said, “Defendant, please begin your defense.”

Jiang Qiming, dressed in a suit with a slicked-back hairstyle, then began his defense.

“Firstly, this case has a strong connection with the Zhang Yunfan extortion case. The plaintiff and defendant are consistent with the defendant and victim in the criminal case. According to the principle of ‘criminal first, civil second,’ the civil case needs to wait until the criminal case judgment becomes effective before it can be heard.”

“Secondly, the plaintiff’s claim for emotional damages is based on the marital fidelity obligation in the Civil Code, so the obligee should be his wife Wu Yufang, not the defendant.”

“Thirdly, the plaintiff’s claim for compensation on the grounds of infringing spousal rights has no legal basis. Neither the Civil Code nor relevant judicial interpretations stipulate that the defendant and Wu Yufang’s adulterous behavior requires compensation, nor are there any provisions related to spousal rights.”

“Spousal rights are currently only recognized in academic circles.”

“Therefore, we request the Court to dismiss the plaintiff’s claims.”

After Jiang Qiming finished speaking, he subconsciously looked at the public gallery. Fortunately, his performance just now should be fine.

He did not deny the existence of adulterous behavior between the two parties. With the evidence provided by the Procuratorate, there was no way to dispute it.

So the defense was purely based on legal provisions.

Once the defense was completed, there was nothing more to say about presenting and cross-examining evidence.

Soon, Judge Pan said, “The Court investigation is concluded. Now, we begin the Court debate.”

Zhou Yun first began to counter the opposing party’s defense.

“The principle of ‘criminal first, civil second’ is merely a legal principle; it is not explicitly stipulated.”

“Moreover, even if it is the principle of ‘criminal first, civil second,’ a factual review must still be conducted.”

“In this case, the relationship between the plaintiff and the defendant is one of tort, and it is not the same legal relationship as the extortion case. Therefore, the principle of ‘criminal first, civil second’ should not apply.”

It’s that simple: the two are different.

Under what circumstances should the principle of “criminal first, civil second” apply? For example, if we signed a contract, and during the performance, we discovered that there might be contract fraud.

In that case, it would be “criminal first, civil second,” prioritizing the handling of the contract fraud crime.

After saying this, Zhou Yun began to mainly elaborate on spousal rights, which was the key to the case.

It could be seen from the defense that Jiang Qiming also considered this a key point.

“Article 112 of the Civil Code stipulates that personal rights arising from marriage and family relations of natural persons are protected by law.”

“And spousal rights are precisely the rights of natural persons arising from marriage and family relations. They should be status rights, and status rights are also a type of personal right.”

Status rights—this is a right that many people find difficult to understand. What are status rights? They are rights that arise from a certain status you hold.

In a sense, they are equivalent to personality rights, but there are also differences.

For example, what is the most core and certainly recognized right by the Court among status rights? It is kinship rights, also called parental rights.

The simplest and most easily thought of right is the right of custody.

Is this a right? Of course it is.

You see, in divorce lawsuits in Court, many people are fighting over children. Can children be fought over?

Of course not. What can be fought over is the right of custody.

“And Article 1001 of the Civil Code stipulates that the protection of status rights of natural persons arising from marriage and family relations, etc., shall apply relevant provisions of Book One, Book Five, and other laws of this Code; where there are no provisions, the relevant provisions on the protection of personality rights in this Book may be applied by reference according to their nature.”

“Indeed, there are no relevant provisions for spousal rights in Book One, Book Five, or other laws of the Civil Code.”

“Therefore, the relevant provisions on the protection of personality rights in this Book should be applied by reference.”

“Based on this, spousal rights should also be absolute rights, and they possess universality after statutory public notice!”

Zhou Yun’s general logic was that, firstly, the Civil Code states that personal rights arising from marriage and family are protected by law.

Personal rights are divided into personality rights and status rights. Therefore, a spousal relationship must also give rise to a type of right. Although the law does not explicitly stipulate it, no one can deny the existence of this right.

Then, according to Article 1001, if this right is not stipulated, it can be applied by reference to the protection of personality rights.

How are personality rights protected? If you think carefully, they are absolutely protected, meaning no one can infringe upon them. As long as they are infringed upon, you can demand compensation from the other party.

For example, your right to health: if someone injures you, they must pay compensation.

Therefore, the provision states that spousal rights are protected by reference to personality rights, and the method of protection should also be similar: outsiders who infringe upon spousal rights should compensate.

“Universality” is what is called legal jargon. You can understand it as this right being effective against everyone in the world.

“The defendant, despite knowing that Wu Yufang was married, still engaged in an extramarital affair with her.”

“Subjectively, he was at fault, his actions were illegal, and objectively, he violated public order and good customs, leading to the breakdown of the plaintiff’s marital relationship and impending divorce, and furthermore, causing the plaintiff to suffer severe mental distress.”

“His actions meet the constituent elements of a tort, constituting an infringement, and he should therefore compensate.”

This was Zhou Yun’s deductive logic, building a bridge through two provisions of the Civil Code.

Whether the Civil Code supports spousal rights or not, there was an explanation for this during its drafting: it should not be established for now.

However, because laws have a lagging nature, who knows what might happen, so a small loophole was left.

This is Article 1001 in the Civil Code, which provides an opportunity for additional interpretation.

Without this article, Zhou Yun would not succeed no matter how much he argued.

After Zhou Yun finished stating his opinion, it was Jiang Qiming’s turn to present his views.

The university students present were all law majors. Listening to him just now, they felt like they understood everything, because Zhou Yun’s logic was very clear, and he spoke in a somewhat humorous, anecdotal way.

Coupled with his gestures and movements, it was very interesting to listen to.

At this moment, everyone looked at Jiang Qiming, eager to hear his profound insights.

“Article 87 of the ‘Judicial Interpretation (I) of the Civil Code: Marriage and Family Book’ stipulates that the subject of damages is the innocent spouse among the parties to a divorce lawsuit.”

“In this case, as a third party in a marital dispute, the plaintiff has no right to claim compensation from the defendant. In existing judicial practice, claims against third parties are generally not supported.”

This is indeed the reason why many Courts in reality do not support claims for compensation against the other party in an adulterous relationship.

After Jiang Qiming finished speaking, Zhou Yun said, “I believe this understanding and application are too narrow.”

“First, we need to clarify what the Supreme Peoples Court’s judicial interpretation is based on: it is based on divorce disputes, and it aims to limit the subject of compensation in divorce disputes.”

“It does not restrict the innocent party from asserting tort liability against other individuals based on other legal relationships.”

“Divorce, as a special civil procedure, is for resolving disputes between spouses. It is normal that it does not involve the handling of third parties.”

“However, outside of divorce, the law does not state that a tort lawsuit cannot be filed. What is not prohibited by law is permissible.”

At this point, Zhou Yun looked at Judge Pan above him and added:

“This judicial interpretation merely states that in divorce proceedings, the subject of compensation for divorce damages is the at-fault party. The judicial interpretation does not expand its interpretation, so the judiciary should not expand its application.”

“So, defendant’s representative, are you implying that you want to interpret for the Supreme Peoples Court?”

Jiang Qiming was a bit dazed by this blow. The other party was essentially saying, “Are you trying to create law yourself?”

Although there were no vulgarities, the remark itself was very aggressive.

But he couldn’t think of any sharp retort for a while, so he could only say, “Presiding Judge, the other party is making a personal attack.”

Judge Pan above him, as if just waking up, said, “Plaintiff’s representative, one warning. Do not make casual attacks.”

“Anything else to add?”

Zhou Yun smiled and said, “One more thing I’d like to mention is that although such cases are rare in our country’s current judicial practice, holding this behavior accountable has both legal and practical significance!”

In other words, the punishment for adultery is too light now. If you can’t claim compensation from the third party, then anyone can be a third party without shame.

There are no other costs.

Is this right? This is not right!!!

“If we do not condemn and negate the act of a third party interfering with and destroying a legitimate marital relationship, it would not only violate legal provisions but also contravene socialist public order and good customs, and severely conflict with our core values!”

Jiang Qiming was dumbfounded. What was Zhou Yun saying? How far was he taking this?

Seeing that Zhou Yun was about to continue, Judge Pan couldn't help but say, “Alright, no need to say anything else. Does the defendant’s representative have anything to add?”

“No? Then we’ll adjourn now.”

Judge Pan was genuinely worried that Zhou Yun would cause problems if he continued speaking. This guy was too bold.

Zhou Yun closed his mouth, a smile on his face. He had won, and he had won beautifully.

His summary just now was, of course, not baseless, but factual.

Law and reality are closely intertwined, and a bad judgment can have extremely serious consequences.

He merely brought the matter to light… a classic tactic of a legal shyster, just applied here this time.

In the public gallery, a group of university students looked around. This was simply a decisive blow, wasn’t it?

Director Jiang was a bit too weak, wasn’t he? He was no match at all; he was practically being ground into the dirt.