"Chief judge." A young male voice said. I don't know when, Beiyuan stood up from the plaintiff's seat and looked at the judges on the stage. It was like the boundless night sea in the heavy rain, suddenly at this moment

There was a flash of light from a lighthouse.

Takezawa noticed the figure of the male lawyer. Before the trial, she had read the information of the opposite agent in detail. To be honest, at first, she thought that a man had filed a lawsuit against the Kawamoto Expressway and General Hotel.

Someone who has been involved in a blackmail lawsuit should be an experienced lawyer. But when I actually opened the file, I saw an extremely young lawyer in front of me.

Interesting, it seems really interesting. Zhuze narrowed his eyes slightly and carefully looked at the male colleague in front of him.

"The plaintiff's attorney now issues cross-examination as follows regarding the first set of evidence presented by the defendant." Kitahara said, "First of all, regarding the first piece of evidence presented by the defendant, which is the parliamentary document "Decision of the Diet on the Establishment of Kyoto University as a National Education Corporation"

". Not only does this document fail to prove the defendant's degree-granting behavior and does not contain elements of the exercise of administrative power, but it can also prove that the defendant's degree-granting behavior is an administrative act."

"First, this document can fully demonstrate that Kyoto University is a legal person established with the authorization of the Diet. The so-called executive power is the power to implement laws. As the legislative body of Japan, the Diet's bill regarding the establishment of a national education legal person is a law. To implement it accurately

The actions of the National Education Corporation regarding relevant laws are matters of law enforcement, and there is nothing wrong with defining them as administrative powers in terms of law.”

"Secondly, the so-called "Kyoto University Charter" once again confirms that the basis for the establishment of Kyoto University comes from laws enacted by the Diet. These can fully explain that as a legal person institution that can be established in accordance with the decree of the Diet, it will inevitably include the exercise of

There is an element of state power involved.”

"The plaintiff's attorney's point of view is absurd." Takezawa immediately stood up and retorted, "An organization established in accordance with an act of the Diet does not necessarily mean that it must exercise administrative power. For example, the Oriental Red Cross Society was established in accordance with an act of the Diet.

.However, can the plaintiff’s attorney believe that the Toyo Red Cross is exercising administrative power? For another example, there are also labor unions in Japan that are organized and established based on congressional documents. Can the plaintiff’s attorney also believe that these labor unions are exercising administrative power?

that power?!"

Kitahara chuckled, "Both the examples cited by the defendant's attorney are inappropriate. The Red Cross Society is located in Switzerland and is a completely non-governmental organization. The reason why the Oriental Diet promulgated the decree on the Red Cross is to complete the

The requirements of the Geneva Convention. As for the formation of trade unions, the reason is that trade unions have the privilege of using violence to carry out strikes and are immune from legal punishment, so a congressional act is needed to clarify their organizational status."

"But these are fundamentally different for universities." Kitahara continued, "Education, like health, transportation, market supervision, emergency management, and environmental protection, are all areas where administrative agencies provide public services. In providing these public services

The process of service involves the use of administrative power, which can be considered a beneficiary administrative act.”…

[Administrative act of granting benefits]

[The administrative act of granting benefits is a type of administrative act. Different from setting administrative burdens on the counterparty, the administrative act of granting benefits is to provide benefits to the counterparties or exempt them from specific legal obligations. For example, when citizens receive pension payments from the state,

This kind of payment from the state is an administrative act of granting benefits]

Zhuzawa frowned slightly, and then retorted again, "If it is said to be school education in the compulsory education stage, then it can still be called a beneficiary administrative act. If a six-year-old child wants to enter a public elementary school but is rejected, his parents can certainly take responsibility.

Schools that provide compulsory education file administrative lawsuits. However, for activities such as higher education where only a small number of citizens can qualify to enter university by passing difficult examinations, it is difficult to call it an administrative act of granting benefits."

In an instant, Zhuze retorted again.

This experienced former civil servant lawyer skillfully weaves one line of fire after another.

Constantly resisting attacks from Beiyuan.

However, in the next second, Kitahara suddenly said, "The defendant has repeatedly argued that although Kyoto University was established in accordance with the Act of the Diet, it did not exercise any administrative power. Then, I would like to ask the defendant's lawyer, "Congress on the Establishment of Kyoto University"

"Decision to Become a National Education Corporation" stipulates that the National Assembly authorizes Kyoto University to complete various necessary missions and responsibilities as a national education corporation. What does the word "authorization" in it mean? If the corresponding administrative power is not granted

, then how can we authorize it?"

The sudden rhetorical question made Zhuze immediately speechless.

Although this experienced administrative lawyer was a little stunned by the young man in front of her, she quickly reacted in a very short time, "Then how did the plaintiff's attorney conclude that the word 'authorization' here means

The power delegated is administrative power, not other powers."

After the words fell, the corners of Beiyuan's mouth turned up.

It was like the feather archers lying in ambush on both sides of the valley suddenly stood up and drew their bowstrings.

In an instant the evening salvo was fired into the winding ranks of the enemy.

The tranquility and peace just now were just traps set to ambush the enemy.

"That means the defendant's attorney admits that Kyoto University is exercising state power at least to some extent, but believes that this power does not belong to administrative power." Kitahara's voice sounded.

Zhuze was stunned for a moment, and then immediately said, "Of course not!"

But as soon as the female lawyer finished speaking, Kitahara continued to interrupt, "The so-called "List of Kyoto Prefectural Administrative Agencies and Agencies and Entities Entrusted with Entrusted Administration" and "List of Items Exercising Administrative Powers of the Kyoto Prefectural City Hall" as evidenced by the defendant, etc.

The information actually comes from the page information on the official website of the Kyoto City Hall. It was produced by the local city hall itself and cannot indicate what the legal basis for the defendant's administrative actions is."

Listening to Kitahara's next cross-examination, Takezawa even sneered, "Plaintiff's attorney, please clarify, "List of Kyoto Prefecture administrative agencies and fully entrusted administrative agencies, units" and "Kyoto Prefecture City Hall administrative power exercise items list"

"It is compiled based on the "Local Administrative Agencies Establishment Act" and the "Local Administrative Agencies Exercising Powers Catalog" and other legislative documents promulgated by the Kyoto Local Assembly. How can it not be used as a basis to prove that Kyoto University is not exercising administrative power?!"

Zhuzawa's counterattacks came one after another.

Whenever Kitahara attacks, she is able to establish a solid defensive front again.

However, just after Zhuze said these words——

Facing the defendant's seat, Kitahara shrugged and said, "The only basis for judging whether an administrative action is legal is whether it complies with the law. The documents promulgated by the local council are only local regulations, not national laws. If -

What if the document enacted by the Kyoto District Council is illegal?"

The young lawyer's rhetorical question echoed throughout the courtroom...

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Chapter completed!