Latest website:

Limitation of action - As soon as the trial started, the other party immediately seized this point and launched a fierce attack. The limitation of action can be said to be a prerequisite issue in the case.

If the statute of limitations has expired when the lawsuit is filed, even the presence of Daluo Shenxian will not be able to save the outcome of being dismissed.

However, by the time Kitahara and Mikiko met, most of the time had already passed, and there was no way to remedy the fait accompli of the past.

Miyagawa swallowed, then stood up and said,

"Chief Judge, this case has not expired. The time limit for administrative litigation should be calculated from the date when the specific administrative action was known or should have been known. Although the relevant decision to revoke my client's doctorate was made in September last year, the relevant

The decision was not officially delivered to my client until early November. The starting point should be calculated from the time of official delivery." Hearing Miyagawa's rebuttal, Takezawa sneered.

"Although the relevant paper documents were indeed delivered in November, the electronic form of the documents had already been transmitted to the plaintiff through the mailbox when the school made the decision. The relevant email address is the campus mailbox of the plaintiff Mikiko. According to

Therefore, the plaintiff has already known the content of the relevant decision."

"The defendant's attorney's point of view is not valid." Miyagawa quickly said,

"The plaintiff has repeatedly requested Kyoto University to publicly disclose the relevant supporting materials for depriving him of his doctorate. However, the university has not responded until March this year. The defendant refused to disclose it. Previously, based on the trust in Kyoto University, my client has not taken any measures.

Legal action. It wasn’t until Kyoto University repeatedly rejected my client’s reasonable requests that my client realized that this dispute about revoking the degree was fishy, ​​unfair, and illegal. Based on this, Mikiko filed a lawsuit against the university.

File a lawsuit."

"Therefore, the starting point of the statute of limitations should be from March this year, not September last year." Miyagawa raised his voice and refuted forcefully.

The voice fell. There was no refuting voice immediately from the other side. Did he win? Miyagawa raised his eyes and looked at the defendant's dock, but he saw Takezawa in front of him still sitting very calmly in the defendant's dock. It seemed that there was no reason for Miyagawa to

It is difficult to rebut quickly and on the spot.

I saw that Zhuze still had a sneer on his face, as if he was feeling relaxed and ridiculed by the extremely unbalanced strength on the field.

She raised her head and glanced at Professor Asakura Hiko next to her. Asakura Hiko smiled slightly, and then a low, but faintly powerful male voice sounded,

"Lawyer Miyagawa, the law doesn't seem to stipulate the starting point of the statute of limitations in this way." This top administrative law expert simply spoke. In an instant, the pressure suddenly surged in like a huge wave in the deep sea, making people breathless.

.

Miyagawa was stunned on the spot, not knowing what Asakura Yan wanted to express for a moment. How does the law stipulate the starting point of the statute of limitations?

Isn't it because the counterparty knows or should know the date when the administrative action was taken? Why did Asakura Yan ask himself such a very ordinary question at this moment.

In this world, the more advanced a person is, the more ordinary his appearance is. The reason is that the road is often the simplest.

Simple killing skills do not require fancy decorations. Being dazzled will only make the sword draw slower instead of faster.

After a few seemingly ordinary moves, the master has already set up a chess game to put his opponent to death.

The next second, Asakura Yan said,

"According to legal provisions, the starting point for the statute of limitations in administrative litigation is the date when the counterparty knew or should have known that the administrative act was made, not the date when the counterparty knew or should have known that the administrative act was illegal. Just now, lawyer Miyagawa confused this date

An important distinction.”

"Whether the counterparty notices that the administrative act is illegal is not the starting point for the statute of limitations for administrative litigation. As long as the counterparty has learned of the existence of the administrative act, the litigation time has begun to run. As for whether the counterparty knows that the relevant behavior violates the law,

Just don’t ask. Just now, Miyagawa’s lawyer argued that the plaintiff had not received a public reply to the defendant’s application materials, and he only noticed that the university’s behavior may have violated laws and regulations. However, this does not constitute the so-called preliminary calculation at all.

Click." Within a few words of Miu Miu, Asakura Yan immediately disintegrated Miyagawa's offensive.

Knowing the existence of administrative actions and knowing that administrative actions are illegal are indeed different points.

This great authority in administrative law pointed out this key point in an instant. This is a great achievement in the knowledge of administrative law.

The corners of Beihara's mouth were slightly raised, as if he felt the power of the two people in the dock in front of him, and his interest became more and more intense.

Immediately, Beiyuan stood up from the plaintiff's table and

"Chief Referee. The administrative act of revoking a doctorate degree should be viewed as a whole. It includes the time from this and the initial decision in September 2014 to the present and the final confirmation in March 2015. The entire administrative act of revoking the degree is declared complete."

"The entire administrative act of revoking a doctorate is closely connected with each other and indivisible. The responses issued by Kyoto University in March 2015 and this year are in fact the final confirmation of the decision made in September last year. There is no final confirmation,

Administrative actions related to corruption have not officially taken effect. We can completely see this from the termination time of Mikiko's email." The young male lawyer immediately grasped the point and launched a counterattack, only to hear Kitahara continue,

"Mikiko's campus mailbox was terminated exactly after March. This can prove that the university's disciplinary measures against Mikiko actually only took effect in March. Therefore, the real time when the decision to deprive the plaintiff of her doctorate was made was Imwa May.

March of the year.”

"Oh, really. Lawyer Kitahara." Asakura Yan showed a rather proud smile,

"The so-called deprivation of a doctorate was made in September last year. This is an unquestionable fact. Mikiko's subsequent behavior was just an internal complaint within the university about this behavior. However, according to the Administrative Litigation Law,

” stipulates that the statute of limitations can only be interrupted when the party fails to sue due to objective reasons other than himself.”

"Administrative law is not civil law. In civil law, you only need to demand the debtor to restart the statute of limitations. But in administrative law, making a complaint will not cause the statute of limitations to be interrupted." Asakura Yanko

The voice echoed in the court.

The counterattacks of the two young lawyers were torn into pieces like paper. The knowledge of this great authority in administrative law was vividly demonstrated in the courtroom.

One of the people in the dock is a leader of the German administrative law school in Eastern academic circles, and the other is an administrative litigation lawyer with extensive experience as a former civil servant.

Such a combination is an almost incomprehensible existence. The two plaintiff lawyers in the court, like samurai at the end of the shogunate, launched a charge towards the Maxim machine gun...
Chapter completed!