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Chapter 248: Loss of Power

As soon as Kitahara's words came out, the entire court fell silent for a moment. The people sitting in the back rows couldn't help but whisper. It's not enough for this lawyer to challenge a top university now, he actually wants to challenge the local council.

The decision made is simply ridiculous. Is there any legal basis for this?

Takezawa frowned slightly as he listened to Kitahara's words. This Kitahara lawyer was not just talking nonsense. Because this has a technical term in law, namely - unconstitutional review.

[Constitutional review]

[The Constitution is the highest-ranking law in a country. Not only the actions and regulations of the administrative agencies must comply with the Constitution, but also the laws enacted by the legislative body itself must comply with the Constitution. Among them, constitutional review refers to the judicial review of the administrative organs of a country.

The actions of the agencies, the legislative body and the regulations enacted are reviewed for whether they violate the constitution. In some countries, the judicial organs can even directly declare the legislative bills to be invalid because they violate the constitution]

"Are you kidding me, the plaintiff's attorney?" Zhuze sneered, "In such a case, you are announcing a constitutional review in such a big way. Isn't it because the matter is not big enough? A plagiarist is a plagiarist, no matter what

No matter how much trouble you make, it won't change your client's academic misconduct."

"I don't care whether my client has committed academic misconduct. However, I do care whether you have violated the law." Kitahara also sneered back.

The male lawyer stood in court and said these words fearlessly.

He didn't even look timid in front of powerful people.

One can't help but wonder where this courage in him comes from.

"Chief Judge!" Takezawa looked at the trial seat, "The plaintiff's attorney's so-called unconstitutional review of Kyoto Local Assembly documents is fundamentally a waste of judicial resources. If such a ridiculous lawsuit is required,

Launching a constitutional review of local council legislative documents is completely harmful to the stability of the law."

Kitahara also looked at the trial seat, "Chief Judge. Since the defendant's agent cited the documents of the local council to prove that it was not exercising administrative power, the decision to revoke the doctorate involved in the case was not the legal basis for administrative action. Based on this, the plaintiff's agent

The person requested the court to conduct a judicial review of the local council documents to confirm whether the documents on which the university's actions were based were legal and it was a legitimate right granted by the law."

In an instant, Beitahara and Takezawa's words collided violently.

It was like a whirlwind hanging inside the court.

Two ferocious beasts refused to give in to each other.

Judge Kawada looked at the scene in front of him, and then looked at the files on the bench. In this case about the revocation of a doctorate, the evidence submitted by both parties was actually not much. However, as soon as the hearing opened, it was called for a constitutional review

.In the face of this case that has received such high public attention, Judge Kawada will naturally not make a decision easily.

The chief referee coughed slightly and then said, "The collegial panel has understood. Now let the defendant continue to give evidence."

After receiving the judge's order, Zhuze curled his lips slightly and then said, "The defendant will present the second set of evidence below. The first piece of evidence is the plaintiff's paper "On the Acidification Phenomenon of Phosphate Group-Oriented Molecules in Proteins", Bio

The second piece of evidence is the plaintiff's paper "Research on the Secondary Structure of Proteins and Nucleic Acids under Enhanced Raman Spectroscopy", a publication letter of Huent journal. The above-mentioned publication letter was forwarded to the defendant by the relevant magazine.

Publication letter to the plaintiff’s email address.”

"The above evidence can show that the plaintiff published the results of the above-mentioned papers in July of this year, July of this year and January of 2014 respectively while he was studying for a doctoral degree at Kyoto University. The papers involved in the case that constituted academic misconduct were written by the plaintiff while he was studying for a doctoral degree.

Published.”

Zhuze looked at the evidence book in his hand and continued reading.

The lawyer did not pause to give the plaintiff time to express his cross-examination opinions.

Obviously, in Takezawa's conception, it is impossible for the plaintiff to express cross-examination opinions on the second set of evidence. Because the publication letters of the second set of evidence are absolutely true, and they are all the results published by Mikiko herself.

There is absolutely no possibility of cross-examination. It is impossible to cast any doubt on the publication letters themselves.

However, just as Zhuze was reading, suddenly, another male voice sounded.

Cut off her evidence.

"Next, the plaintiff will express his cross-examination opinions on the second set of evidence presented by the defendant's attorney." This somewhat cold male voice with a cynical tone came into Zhuze's ears again.

Takezawa couldn't help but paused and raised his head, somewhat in disbelief. Just now, the Kitahara lawyer threatened to conduct a constitutional review of the documents of the Kyoto Local Assembly, and Takezawa already felt that he was messing around. But now, for a group of

It is undoubtedly more chaotic to insist on issuing cross-examination opinions when there is no possibility of cross-examination. Is he... is he kidding? What is there to cross-examine with this kind of evidence?

He is stalling for time.

Soon, Zhuze made a judgment.

This is originally an extremely ridiculous lawsuit. Since the chance of winning is already very slim, the other party's attorney will definitely not focus on the so-called legal argument. Instead, he will do everything possible to put on a "performance" show.

A court trial attracts the attention of the media. The more unreasonable and attention-grabbing it is, the more sensational it will be.

Of course, there is no need for Takezawa to stop this kind of show-like court performance. Because the more he does this, the more resentful he will be to the judge. Making "unreasonable troubles" in court is simply self-destructive.

Kitahara held the opponent's evidence book in his hand, flipped through the pages of the manuscript letter where Takezawa gave evidence, pointed to the sending information of the email on it, and smiled.

A somewhat naughty smile.

A smile with a hint of mischief.

A smile that seemed to be deliberately exaggerated and malicious.

The next second, Beihara's voice sounded, "Chief referee, please pay attention to the sending time of these two emails. The relevant sending times of the emails are today and April 13, 2015. At this time, the plaintiff's attorney has already

An administrative lawsuit was filed with Kyoto University as the defendant. According to the relevant provisions of the Administrative Litigation Law, once the lawsuit begins, administrative agencies are not allowed to collect evidence from third parties. This is the evidence loss system."

【Evidence loss system】

[The so-called evidence loss system is a unique system in administrative litigation. That is, the evidence loss system sets a more stringent burden of proof for administrative agencies. For example, for administrative agencies, if there is no justifiable reason, but it is overdue

If evidence is provided, it will be deemed that there was no corresponding evidence when the administrative action was made. For another example, the Administrative Litigation Law also stipulates that once the lawsuit begins, the defendant is not allowed to collect evidence. The establishment of the evidence loss system is to urge administrative agencies to comply with the law.

Administrative actions can only be taken when sufficient factual evidence is available]

Kitahara continued: "The two emails produced by the defendant were both formed after the administrative litigation began. According to the provisions of the Administrative Litigation Law, Kyoto University can no longer collect evidence on its own. In this regard, the plaintiff's attorney requested the court to deny the evidence produced by the defendant.

The two emails are eligible as evidence, and it is considered that Kyoto University did not have the above two acceptance letters when it made the decision to revoke my client’s doctorate degree!”

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