Court Session

"Click!"

The sound of the gavel.

Judge Kawada looked at the attorneys on both sides of the table and announced, "The case of Tamai Mikiko suing Kyoto University for revocation of administrative action has begun. Before the trial, the collegial panel has informed all parties of their litigation rights in writing, and this court will not repeat it here. The parties have not

An application was filed before the court for the recusal of the judge, clerk and other judicial personnel in this case. Therefore, the case will be heard by the collegial panel judge, Toshiya Kawada, and the judges, Miho Takatsu and Yasuhiro Ishizuka."

"Now, please ask the plaintiff to read out the administrative complaint." Judge Eda's voice sounded.

The trial officially begins.

It was like a huge wave pulled by the tide suddenly crashed on the court, and the already tense atmosphere became even more tense. This head-on confrontation with Kyoto University was finally coming.

Kitahara seemed to have smelled the earthy smell before the war, and the morbid excitement in his body surged again. Yes, as long as he loses this lawsuit, all his efforts to track Eto will be in vain. From then on,

Now that I am here, every lawsuit is a desperate struggle in front of a cliff.

Beihara turned his head slightly and said to Miyagawa beside him, "Come on."

Miyagawa nodded, held the material in his hand, and the clear voice immediately said, "Chief referee. The plaintiff Mikiko Tamai once studied for a doctoral degree in the Department of Life Sciences, Graduate School of Science, the defendant. In the first year of this year, the plaintiff enrolled in the defendant, and today

In June and June of 2014, the plaintiff passed the defendant's thesis defense and was awarded a doctorate degree. Subsequently, the plaintiff received a postdoctoral admission notice from Tokyo Life Pharmaceutical Research Institute. This year and September of 2014, the defendant claimed that the plaintiff published two papers "

Regarding the acidification phenomenon of phosphate group-oriented molecules in proteins and "Research on the secondary structure of proteins and nucleic acids under enhanced Raman spectroscopy", a decision was made to the defendant to revoke the doctorate degree on the grounds of academic misconduct. The relevant document number is Jingxue 102

Decide."

"After the decision was made, the plaintiff immediately filed a complaint with the defendant's Degree Evaluation Committee and requested it to disclose the basis for the decision and to conduct a re-investigation of the misconduct involved. The defendant's Degree Evaluation Committee set up a committee this year and three years ago to

In March, the company responded to the plaintiff, stating that the original investigation conclusion had sufficient basis and rejected the plaintiff’s application for re-investigation.”

“The plaintiff believed that the defendant Kyoto University’s decision to deprive him of his doctorate was without sufficient factual basis and reasons, and refused to disclose the materials related to the decision. The plaintiff’s assertion of rights against the defendant was unsuccessful, so he filed a lawsuit.”

Miyagawa's voice fell.

A very brief indictment.

There is almost no clear legal basis stated.

However, in the next second, Miyagawa's voice suddenly sounded again, "The plaintiff now adds the following facts and reasons to the complaint. First, the defendant has not yet made public the minutes of the expert review meeting that decided to revoke the plaintiff's doctorate. According to the plaintiff's agent

People understand that at the review meeting, 20 people were originally scheduled to attend, but 15 people actually attended, 3 people voted and abstained, 5 people determined that plagiarism was not established, and 7 people determined that plagiarism was established or was doubtful. The defendant did not obtain the consent of the majority of expert opinions.

, to directly determine that the plaintiff’s plagiarism was established was due to insufficient evidence for the administrative action.”

"Second, the defendant exceeded his legal authority and made the decision to deprive him of his doctorate degree. The existing "Regulations on the Granting of Legal Person Degrees in National Universities" only stipulates that the relevant degree can be revoked if there is serious academic fraud in the doctoral thesis. However, the alleged accusation against the plaintiff involved in the case

The two academic papers published by the plaintiff due to misconduct are not part of the doctoral thesis and are not a condition for the plaintiff to obtain a doctoral degree. The defendant made a decision to deprive the plaintiff on the grounds of academic misconduct in the journal papers published by the plaintiff, which went beyond the "

The powers conferred on the defendant by the Regulations on the Awarding of Legal Person Degrees in National Universities.”

"Based on this, the plaintiff requests to revoke the administrative action taken by the defendant."

Miyagawa finished adding, and then the corners of his mouth slightly raised.

This was a tactic that she and Beihara had discussed in advance.

[Indictment Raid Tactics]

[Just as the defendant will publish its defense opinions at the moment before the trial, the plaintiff can also conduct a surprise attack on the complaint. In other words, the plaintiff can hide part of the viewpoints and reasons for the prosecution until the moment when the trial is read out. In this way

There are two reasons for this. First, it can have the effect of raiding the defendant; second, because the judge before the trial has browsed the contents of the complaint, he often does not listen carefully to the plaintiff reading the complaint again, and at this time, he adds new information to the court.

The facts and reasons will help deepen the judge’s impression of the plaintiff’s point of view]

The senior university officials in the auditorium were surprised when they heard the new reason was suddenly read out. This was completely different from the very simple indictment they had seen before. Before this, they had always thought that this lawsuit was ridiculous.

A lawsuit. But at first glance, when I heard the plaintiff’s two newly added causes of action, it seemed that there was still some truth to it.

When Asakura Yan heard the newly added facts and reasons, his expression did not change.

It seems that there is a mole in the university.

Asakura Yan thought this in his heart. He was not afraid of the so-called reasons added by the plaintiff. What he cared about was the internal meeting minutes of the university that the plaintiff just mentioned. He even knew the number of attendees and the voting results clearly.

There is definitely someone inside the school who is providing them with information.

"Now let the defendant express his defense opinion." Judge Kawada looked at the seat on the other side and said.

Asakura Hiko glanced at the female lawyer next to him. The female lawyer appearing in court with Asakura Hiko was also well-established. Her name was Takezawa Ayako. Takezawa was a former civil servant and had served in the Kyoto Government Office.

Office Affairs Committee Member and Deputy Director of the Legal Affairs Section. He has reviewed many administrative actions and legality issues of the Kyoto City Hall’s regulations. He is an extremely senior former official. He later resigned and became a lawyer, specializing in administrative litigation, and has represented many cases involving legal issues.

He is a leader in the field of administrative litigation cases with significant impact.

Zhuzawa stood up and looked at the trial seat, and then a low but powerful female voice spoke, "Chief Judge. The defendant's detailed defense opinions will be announced during the court investigation and court debate stages. At this stage, the defendant's attorney only wants to

Let me emphasize one point to the court: the statute of limitations for the plaintiff’s lawsuit has expired.”

【Limitation of action】

[The so-called statute of limitations refers to the system whereby the right holder will lose legal protection if he or she does not file a lawsuit in court within a certain period of time]

Takezawa was heard to say unhurriedly, "Let's not consider whether the behavior of the defendant Kyoto University in this case is administrative behavior. According to the provisions of the Administrative Litigation Law, the statute of limitations for general administrative litigation is 6 months. That is, administrative action

People need to file a lawsuit with the court within 6 months of the administrative action. The defendant Kyoto University revoked the doctorate degree obtained by the plaintiff in September this year. The plaintiff filed the lawsuit in April this year. The date of the lawsuit has far exceeded the lawsuit date.

The statute of limitations. Therefore, the defendant’s attorney requested the court to dismiss the plaintiff’s claim!”

Following Takezawa's voice, Kyoto University's sharp fangs were completely exposed in the court in an instant...
Chapter completed!