🔊 Text To Speech
Listen while reading
169: It's all that lawyer's fault, it has nothing to do with us!
As mentioned before, enforcement is very difficult, especially when it involves administrative agencies.
Although on December 1st last year, the “Two Highs” (Supreme People’s Court and Supreme People’s Procuratorate) issued a new “Interpretation on Several Issues Concerning the Application of Law in Criminal Cases of Refusing to Execute Judgments and Rulings.”
However, the problem of enforcement against administrative agencies as defendants still remains unsolved.
It’s still the same old saying: if you allocate funds from them, they’ll say you’re affecting the normal operation of the administrative agency and social order. The responsible person can’t be detained, and only a non-committal judicial suggestion can be made.
Lawyer Zhou’s professional ability in enforcement is beyond doubt, but this has nothing to do with professional ability.
If a case cannot be enforced, then no matter how brilliant the previous operations were, they are useless, still just a “judicial IOU.”
So it’s not that Lawyer Zhou likes to send people in; it’s the reality that forces him to do so, there’s no other way.
Yes, that’s right.
Inside the Court, Yue Xialan finished her call and was about to leave. According to her colleague, her actions carried significant criminal risk.
The remaining three also prepared to leave, intending to report back to their leaders.
After all, Zhou Yun is notoriously a bit crazy. If he says he’ll report the case, he definitely will.
However, just then, the few of them saw Presiding Yu Yuntao walk in from outside.
And in a place where the few outside couldn’t see, several judicial Police Officers were on standby.
"Lawyer Yue, and Director Xie, please wait a moment," Yu Yuntao said.
Director Xie’s brows immediately furrowed: "Yu Yuntao, what do you mean by this?"
Yu Yuntao said naturally, "I just had a chat with Zhou Lawyer. Your situation does have a bit of a problem. He has already reported the case, and Police Officers are on their way.
"For now, I ask that the few of you do not leave. Please wait for the Police Officers to arrive and investigate thoroughly. Lawyer Yue, you are also a legal professional, so you should understand this situation."
Upon hearing this, the expressions of the few people immediately turned very bad. Although the Court transferring relevant clues does not necessarily mean trouble, the significance itself is different.
The key is that, apart from the lawyers, everyone here is a public official. At this moment, the Court did not control anything; they merely said to wait for the Police Officers to cooperate with the investigation.
At this point, there was nothing they could do; they had to obey.
Many people often have this idea when defending their rights, that is, they view administrative agencies as a whole, and readily speak of “connections breeding connections” and the like.
Are connections useful? Yes, useful, and no one denies the existence of connections.
But in reality, various departments, and even every staff member within a department, are not a monolithic block.
It's fine for minor issues, where help can be given, but for major issues, everyone will steer clear. This is the current reality.
In this regard, we can use the thoughts of the instructor to analyze who our friends are and who our “enemies” are. Here, “enemies” are not enemies in the true sense; it is better to call them opponents.
Clarify this, and then “unite all forces that can be united.” Always remember one point: we are defending rights for the sake of defending rights, not for venting emotions.
At this time, it is like this: if you might face criminal liability, then what I need to do is keep my distance. Protecting myself is the top priority.
After waiting for about ten minutes, personnel from the Public Security Bureau arrived.
Zhou Yun and Yu Yuntao began to hand over relevant “criminal clues,” which were the related evidentiary materials.
"Here are the records of Luo Hongxuan paying Kangde Company the affiliation fee, given under the name of management fees."
"Here is the cooperation agreement, which can basically prove that there was indeed an affiliation between the two parties."
"And here, this is the opinion letter submitted by the other party during this trial. That boss surnamed Gao said that this construction project debt should belong to him."
"And here, the trial transcript, specifically confirmed, as well as this second-instance judgment."
The judgment is also evidence, because the crime of obstructing testimony undermines judicial order.
And if a judgment is made, it can indicate that judicial order has been damaged, which may lead to a heavier sentence.
The Police Officers looked at the relevant evidence in their hands, and one of them spoke, "This looks like contract fraud by that person named Gao Yewei, right?"
Zhou Yun smiled, "Yes, it currently looks like he committed contract fraud, but there are also doubts. If Gao Yewei really intended to defraud, I believe he would have done so during the cancellation and liquidation."
Several Police Officers chatted among themselves, then decided to first ask a few people about the situation.
They had only received a report and had not yet filed a case, so they couldn’t directly issue a summons. A simple inquiry about the situation would suffice.
The individuals were separately called outside the Court for a brief inquiry, and then problems arose.
Yue Xialan directly denied everything, saying he knew nothing and merely offered advice as a lawyer, suggesting they could seek opinions from a third party to the contract.
But he wouldn't say, and others might not, like the two who handled the administrative reconsideration.
Duan Ruogu is also a legal professional. He hadn't thought of this layer before, but now that he has, he certainly wants to quickly clarify the matter.
They both knew about this matter, but they did not specifically participate. Who guided them? The lawyer guided them. Who specifically did it? The Education Department did it.
As reconsideration staff, they did not participate in it.
"So you mean, that lawyer gave you this idea, and then the Education Department issued a consultation letter, and then had that Gao Yewei express his disagreement, is that right?"
Duan Ruogu nodded, "Yes, it should have been on the sixth of this month. We consulted that lawyer, and the consultation was done via video conference. All of this was said by that lawyer."
"Including the suggestion that they could give that boss some engineering work to get his opinion, that was also said by that lawyer."
Alright, the Police Officer nodded, indicating he understood. Although this was just a casual inquiry, the basic situation should be as such.
Lawyers are truly not omnipotent, and it's not uncommon for lawyers to be imprisoned.
After the questioning, despite repeated denials, Yue Xialan was still to be taken away for further investigation.
As for Director Xie, after communicating with his superior leaders and the Lüshan City Education Department, the Police Officers also decided to take him away for further investigation.
At this time, no one cares whether what you did was for the unit. Who told you to do this? Do you have evidence?
It's similar to an intern signing in the civil engineering industry. Don't tell me you don't have the right to sign, or that the manager told you to sign.
He told you to sign, and you just signed? How did he tell you to sign? Where’s the evidence?
The people were taken away, and Duan Ruogu and the other person were sweating on their foreheads. They didn't say anything else and left directly. They needed to go back and discuss with their unit and family how to deal with this matter.
On the other side, Yu Yuntao walked Zhou Yun to the door.
"Lawyer Zhou, thank you very much this time. As legal professionals, we must be careful in all matters."
Zhou Yun smiled and nodded upon hearing this. It was clear that this situation had a great impact on the Judge as well.
However, with the transfer of criminal clues and suspects, this Yu Yuntao will probably not have any major problems.
Of course, even without this, he would not go in, but the disciplinary action would certainly not be small.
It is relatively difficult to get a judge to go to jail; it usually happens more often in criminal cases.
The law is like this: it will not grant you immunity just because you are a legal professional. The more one studies the law, the more one understands the law, the more one must abide by the law.
Bidding farewell to Yu Yuntao, Zhou Yun slowly walked onto the street, and behind him, a gust of wind began to blow, growing stronger and stronger…
A few days passed.
In Yinshan District, Lüshan City, Gao Yewei was at home coaxing his grandson. He was nearly sixty this year, but he appeared well-preserved.
Having worked in engineering his entire life, he naturally had his own connections.
As for Luo Hongxuan, if the Education Department hadn't asked him to issue an opinion letter recently, he would have long forgotten about it.
His company was doing well back then, so there were many cases of affiliation.
His son had passed the civil service exam several years ago, and now the whole family lived happily and harmoniously.
And just then, there was a knock at the door.