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131: I was born with supernatural powers, so be careful not to kill the opponent
This was what Judge Pan cared about the most, because… after the Judicial Committee finished, the judgment would still be issued in his name.
It could be said that if he wasn't careful, he would end up with the same fate as a certain Judge Wang.
There's been too much academic discussion on whether spousal rights should be supported, so there's no need to say more.
So, Judge Pan's opinion was that if both supporting and not supporting could be justified, then the practical implications should be prioritized.
This was also the approach of analyzing specific cases individually.
Just like the cases in Zhou Yun's previous life, most cases did not support spousal rights, but in those cases with special circumstances, the Court would support them.
This seemed mysterious, but this was true practical application.
For example, in one case, the litigant's wife had an affair with her own aunt's husband, even had a child with him, and the litigant even raised this child for over a year!
How was it discovered later? That aunt's husband took the child for a paternity test, and then used that as a reason to divorce his own wife.
As a result, the aunt's husband's wife gave the paternity test report to the litigant, and only then did the litigant realize that his wife and that aunt's husband had been together for three years.
In this situation, if the litigant claimed compensation for infringement of spousal rights, would you, as the Court, support it or not?
What is this called? This is called a severe violation of public order and good morals, and a disregard for human relationships. If not supported, it would cause great harm to social order!
This wasn't made up; it was written in the judgment.
The judgment included a lengthy section of reasoning to explain the necessity of supporting spousal rights in that case.
Many people didn't know about this case, they would only specifically look it up if they needed to do academic research.
Once again, the law is not about maintaining fairness and justice. Here, the primary role of the law is to maintain stability!
A stable situation overrides everything!
That's why there are so many cases where similar cases have different judgments; in special circumstances, the Court will support them.
Most crucially, Zhou Yun was a big internet celebrity, and he had a habit of posting cases online after handling them…
So, the Nanyun District Court's Judicial Committee reached a conclusion, but to be safe, they still requested instructions from the superior Court.
The Jinghai City Intermediate Peoples Court gave a reply, stating that Article 1001 of the Civil Code could be applied.
As mentioned before, requests for instructions cannot ask about the specific content of the case, but rather whether a certain regulation can be applied to the case.
If the Intermediate Court believed it could be used, that meant the judgment in this case could support spousal rights.
Then the next question was, how much compensation?
Zhou Yun directly proposed one million to avoid mediation, so it certainly couldn't be ruled that much.
Regarding the amount of compensation for emotional damages, since the Supreme Peoples Court has no regulations, what is currently followed are the regulations issued by each provincial High Court.
For example, in a certain scattered 'Thirteen Taibao' province, the regulation is that the amount of compensation for emotional damages generally should not exceed 50,000 yuan.
And some provinces categorize it by tiers, with a maximum not exceeding 20,000, or a maximum between 20,000 and 50,000.
In practice, it's actually a few thousand yuan in most cases.
Overall, it's not too different, mainly based on the economic situation of each province, but in special circumstances, a higher amount can be ruled, and it needs to be sent to the provincial High Court for review before judgment.
Afterward, after discussion by the Nanyun District Judicial Committee, it was determined that the two individuals maintaining an extramarital relationship for three years caused great harm to Zhang Yunfan, and a compensation of 50,000 yuan should be paid!
Liu Jiale naturally didn't know that a conclusion had been reached; he was busy with Wu Yufang at the moment.
Anyway, Zhang Yunfan was still in the Detention Center, so there was no need to worry about anything.
After they were done, the two lay on the bed and started chatting, mainly about how to handle this matter.
"Don't worry, the Lawyer I hired is a Law Firm director, very capable. He even said there are no national regulations on this."
"Anyway, as long as Zhang Yunfan is sentenced, we'll be fine," Liu Jiale said.
Wu Yufang nodded. She couldn't go home now; the man's side wanted to beat her whenever they saw her, and her parents also didn't want to see her, as such a scandal would be embarrassing to talk about.
So, she just gave up and directly followed Liu Jiale.
While they were busy, Zhou Yun on the other side was also busy. What was he busy with? Preparing for the divorce lawsuit!
After the previous spousal rights lawsuit, Zhou Yun had probably determined that he could win.
Then the divorce lawsuit had to be expedited. Although he hadn't met Zhang Yunfan's wife, from Zhang Yunfan's description, it was clear that she was not someone to be trifled with.
And most importantly, Zhou Yun had a suspicion from a very early time.
Mainly, the time Liu Jiale reported the crime was too suspicious, plus Zhang Yunfan said he had mentioned divorce many times to Wu Yufang during that period, and even said he would definitely go to Court to get a divorce.
It should be known that Zhang Yunfan was a local of Jinghai City, and as a relative of Old Zhuang, his family had some assets.
So Zhou Yun wanted to use this method of 'beating the grass to startle the snake' to verify his suspicion… whether Liu Jiale and Wu Yufang had conspired to get Zhang Yunfan locked up.
Just like before, he first went to the Detention Center to meet Zhang Yunfan, asked him some questions, and then began to wait.
Although he needed to move quickly, he couldn't rush now; he had to wait for important evidence.
Finally, the Court notified that the judgment would be pronounced.
This time it was a relatively small courtroom. Zhou Yun sat in the position of the plaintiff's agent. On the defendant's side, Liu Jiale came, and so did Qiu Wei.
Jiang Qiming did not come.
Judge Pan didn't bother with anything else and directly began to pronounce the judgment.
"The judgment is as follows: One, the defendant Liu Jiale shall pay the plaintiff Zhang Yunfan 50,000 yuan in emotional damages, this amount shall be paid in full within ten days after this judgment becomes effective;"
"Two, the defendant Liu Jiale shall publicly apologize orally under the supervision of this Court within five days from the date this judgment becomes effective. If he fails to perform voluntarily, this Court will publish the judgment in the Jinghai City Legal Daily, with the cost borne by the defendant;"
"Three, the plaintiff's other claims are rejected."
As for the case acceptance fee, it shall be borne by both parties according to the corresponding proportion.
Hearing the content of the judgment, Liu Jiale was dumbfounded.
"No, didn't your Director Jiang tell me I could win? What's going on? How did I lose!"
"So what do I do now? What's going on with you guys!"
Although he had already anticipated this scene, Qiu Wei was still very helpless.
"Liu, we can't guarantee anything for you; there are risks in lawsuits…"
Liu Jiale stood up directly and shouted, "That's not acceptable! I don't care about all that. I just know I paid you, and you made me lose the lawsuit."
"I'm going to complain about you! If you don't have the ability, why do you take on cases!"
Qiu Wei could only keep apologizing; he was here today to do just that.
Judge Pan tapped the old gavel and said, "Alright, if you keep arguing, I'll call the bailiffs. Do you want to appeal?"
Why was it an old gavel? Because the Criminal Division found out about the new gavel being 'coordinated' and directly came and took it back.
They even threatened that anyone who dared to 'coordinate' their gavel again would be bald for life.
Hearing Judge Pan's voice, Liu Jiale said, "Appeal, I'll appeal."
Qiu Wei next to him didn't say anything. Anyway, he couldn't take this case; such a litigant was too demanding.
After Liu Jiale learned that Qiu Wei wouldn't take the case, he cursed a few more times, and then he learned something from Judge Pan: appealing costs money.
That's right, appealing is called the second instance. Since the first instance requires paying litigation fees, the second instance naturally also requires it.
However, the litigation fee for an appeal is calculated based on the content of your appeal.
For example, in this case, only 50,000 of the one million claimed in the first instance was supported, so Liu Jiale's appeal amount was 50,000 yuan.
The litigation fee for 50,000 yuan is roughly 1,000 yuan.
Hearing this, Liu Jiale couldn't hold back: "What? I have to pay again for appealing? Why is that!"
After hearing these words, Zhou Yun left directly with the judgment. He could only say that Zhang Yunfan's wife was truly blind to have found such a terrible person.
Aside from being slightly better looking and having one small advantage, he was basically a scumbag.
Another period of time passed, and Zhou Yun still maintained a simple lifestyle. Whenever he had time, he would stream live for a while, do some consultations, and incidentally handle a few profitable cases.
The Jinghai City Intermediate Peoples Court called. Liu Jiale had appealed, but it seemed he couldn't find a Lawyer, because no one in Jinghai City was taking his case anymore.
Legal consulting firms also avoided him, because this person had made all sorts of reports and complaints after the first instance, causing chaos at Tianhe Law Firm. Of course, Old Zhuang also stirred up some trouble there.
So, Liu Jiale decided to handle the second instance himself.
Zhou Yun laughed when he heard this news, wondering where the other party got such courage.
The date for the second instance hearing arrived. Zhou Yun arrived at the Jinghai City Intermediate Peoples Court early, and then… he directly found the leader of the Intermediate Court's Bailiff Brigade.
Although they hadn't known each other before, Mr. Zhou could use his reputation.
"So, Mr. Zhou Lawyer, you mean that we need to guard outside for this case? Is it prone to conflict?"
Zhou Yun nodded and then shook his head, saying, "Not entirely. I'm not worried about what the other party will do; I'm mainly worried about myself…"
"You also know that I'm naturally very strong. If a conflict occurs, I might not be able to control myself… it's better to have you guarding."