Chapter 274 Bloody Battle
In the court, Asakura Yanko cited Mikiko's original statement of academic achievements signed by him to launch a counterattack. The A4 paper in the hands of this great authority clearly recorded Mikiko's autograph. It recorded Mikiko's promise that her academic achievements would be included in the originality statement.
Uncited parts do not include previously published academic results.
The evidence in black and white is displayed in front of everyone.
The counterattack launched by the university once again placed the plaintiff in a precarious position.
Faced with counterattack from a powerful authority, can the young male lawyer of the plaintiff still be able to cope with it?
The people present held their breaths unknowingly. From this fierce legal battle to now, everyone has already been ashamed of the thrills of the confrontation. Even the university side, which seemed to be sure of victory, faced several challenges in several rounds.
The opponent dealt an extremely violent blow. But now, with the appearance of Asakura Yan, the university side once again launched a ferocious killing move.
Time passed by minute by minute.
Just when everyone thought it was about to end, suddenly the male voice sounded again -
"Head referee."
It was seen that Kitahara was not afraid of the huge sense of oppression brought by Asakura Hiko, and took a step forward: "The other party's agent quoted the originality statement of the so-called academic achievement is not correct. The originality statement was made by a doctor who accompanied the plaintiff Mikiko
Submitted together with the thesis. In other words, the originality statement is really restricted by the plaintiff Mikiko’s doctoral thesis. However, my client’s doctoral thesis has been inspected by the expert group and does not contain any academic misconduct.”
"Secondly, even if the so-called originality statement can be extended to other academic achievements. However, the number of papers published by my client Mikiko during her doctoral studies has far exceeded the two papers required by the Department of Life Sciences of Kyoto University. And in these papers
Among the total number of papers, only these two papers have plagiarism disputes, and the other papers have withstood the test. In this regard, the two papers involved in the case should also be excluded from the results of my client's application for a doctoral thesis. In other words, these two papers have withstood the test.
This paper is not included in the thesis results of my client’s application for a doctoral degree.”
"Finally, there is the issue of defining the so-called academic results that were published first." The corners of Kitahara's mouth turned up slightly. "When we were previously arguing about whether my client's two papers involved in the case were publicly published academic results, the other party's attorney argued that as long as my client
If a paper is submitted to an international journal, then the relevant publication is considered a published academic achievement. From this point of view, although my client Mikiko’s second paper was allegedly plagiarized, she received the publication letter later than the suspected plagiarized second paper.
Four papers were plagiarized. However, Mikiko submitted her second paper earlier than the four papers that were allegedly plagiarized."
"Then, here I have to ask the defendant's attorney for advice. If you want to define the publication time of Mikiko's problematic paper according to your point of view, then although Mikiko's paper is indeed a publication during her doctoral studies. But this way
As a result, the publication time of the project paper involved in the case must be later than the publication time of Mikiko's paper. In this case, although there is duplication, it does not fall into the issue of citing previously published results as claimed by the defendant's attorney just now!"
Use Zi's spear and attack Zi's shield!
Quoting the defendant's attorney's point of view to attack the defendant's attorney's point of view.
If the other party is the top authority in administrative law, then use his own views to attack you, so as to see whether the previous great authority is more authoritative or the current great authority is more authoritative.
When Asakura Yan heard the first two points mentioned by Kitahara, he had already quickly planned a counterattack against Kitahara. However, when he heard the third point, Asakura Yan couldn't help but tremble slightly.
After a moment, this third point was beyond his expectation. He did not expect that the other party's plaintiff's lawyer would actually quote their point of view to attack him.
In a legal case, it is an unprecedented taboo for one party to have contradictory legal opinions.
And now, our side has actually made such a low-level mistake!
Asakura Yan's mind moved slightly, and he understood the problem in an instant. Yes, they were not well prepared from the beginning to examine the substantive issue of whether the paper constituted plagiarism. Because their original plan was
It is necessary to prevent the court from exploring this substantive issue. The neglect of substantive issues ultimately led to the mistake of focusing only on the beginning and not the end when formulating legal opinions!
The corners of Beiyuan's mouth opened wider.
Like a naughty bad boy.
Wantlessly teasing adults who don't understand.
The sly smile seemed to show a proud expression because he saw the trap being activated at this moment.
Yes, this trap was laid early in the previous trial. When he and the defendant argued in the earlier trial whether Mikiko's two papers were public results published during his doctoral studies, he had already laid the trap.
This time bomb was discovered. After a long period of dormancy, the remote control was finally pressed at this moment to detonate it!
Asakura Yan frowned, and after only ten seconds of thinking, he immediately replied: "Chief referee, the original purpose of the declaration of originality of degree results is to exclude that the thesis contains results that have been published publicly. Indeed,
Just now, the plaintiff's attorney proposed a standard to measure the time of public publication. However, when measuring the time of public publication, if there are two standards, then one can choose one of the two and use the most reasonable method.
to assess whether the purpose intended to be achieved by the claim of originality is met.”
"According to the plaintiff's attorney's point of view, an extremely absurd result will occur. It is obviously a paper published earlier, but it is not a previously published result. This obviously absurd reasoning conclusion is not in line with the original intention of the originality statement.
, the plaintiff’s attorney’s explanation is obviously a word game and taken out of context!”
"I'm just making an inference based on your point of view." Beihara sneered: "If an inference is obviously absurd, then it can only be said that its premise is obviously absurd. In other words, your point of view as the premise is obviously absurd.
There is obvious absurdity!”
Kitahara's views collided violently with Asakura Hiko's views.
It was like stirring up a violent storm in the courtroom.
To be honest, everyone present was stunned, with their mouths slightly agape. Until now in the trial, although Mikiko’s two papers did overlap in large areas in a literal sense, they had already decided whether it was plagiarism or not.
Questions arose, why is a seemingly simple question so complicated?!
At this time, the hour hand was already pointing to 1:30.
This trial has been greatly overdue.
Today's bloody battle between the two sides has left the men and horses exhausted.
Judge Kawada is sitting on the stage. The amount of information in this case trial is far greater than that of an ordinary case. The amount of information brought by a four-hour trial is greater than the amount of information he has heard in a case that lasted for one day.
.At this time, even though he is a judge, he can no longer resist the tiredness in his heart.
"This trial is here first. The next court date will be announced separately." Judge Kawada said, "Adjourn the trial!"
"Click!"
The sound of the gavel.
Chapter completed!