Chapter 31 Return to common sense
The entire conference room seemed to have not yet realized what the male lawyer in the opposite seat said.
Just now, since Hamano pointed out that the "Municipal Procurement Supervision Act Implementation Regulations" cited by Miyagawa cannot be retroactive, almost everyone in the conference room felt that the City Hall would be a sure winner.
However, Hamano was stunned for a moment when he heard the other party's question.
The law cannot be retroactive.
However, legal interpretations may be retroactive.
Hamano is a very experienced barrister. He didn't even listen carefully to what the other male lawyer said just now. But just by catching two key words, Hamano immediately discovered that the other party was already in his argument.
, which opened a huge hole.
However, before Hamano could react, the male lawyer continued:
"The definition of fiscal funds in the "Regulations for the Implementation of the Municipal Procurement Supervision Law" is not a new provision. It is an explanation of the concepts in the "Municipal Procurement Supervision Law." In the original law, there was no explanation of fiscal funds.
The regulations interpret fiscal funds as funds included in the budget. That is, all funds included in the budget, regardless of whether they are self-owned or allocated, are fiscal funds."
"This is an explanation of the original legal concept, rather than the addition of new regulations. The retroactive application stated by the other party's lawyer is not true. There is no problem in applying the definition of financial funds in the Implementation Regulations of the Municipal Procurement Supervision Law."
Kitahara speaks very slowly.
So much so that people who had not reacted just now could clearly hear his point of view.
The lawyer made an extremely fine distinction
A distinction is made in law and legal interpretation.
By pointing out the difference between the two, he uprooted the other party's argument in an instant.
At this moment, many important officials in the city hall paid attention to the male lawyer opposite. Many of the important officials were extremely proficient in legal technocrats. When they saw that the other party's lawyer could actually make such a fine distinction, they couldn't help but wonder.
An was surprised.
Especially with such a young face.
This lawyer is called Beihara.
Hamano's position was not disrupted. He looked at Kitahara. The male lawyer opposite did catch a point. Yes, it was indeed wonderful. But this point was not fatal.
Whether the interpretation of the law can be retroactively applied to the past is actually a controversial issue.
If you want to make an argument based on this, it is far from enough!
"Lawyer Kitahara." Hamano read out the last name of the young man in front of him for the first time. "Let's not talk about whether this definition is a law or a legal interpretation."
"Let's just talk about legal interpretation. The court's interpretation of the law can be retroactive under certain circumstances. This is the consensus of the legal community. However, the implementation regulations you quoted are the interpretation of the law by the legislative body. The legislative body's interpretation of the law
Explanations cannot be traced back to the past.”
"The court's interpretation of the law is only an interpretation of the meaning of a certain word. However, the legislative interpretation of the law may include the creation of rights and obligations. The two are fundamentally different!"
Hamano quickly launched a counterattack.
It's like locking the opponent's artillery position and ruthlessly calling on the air force to drop powerful bombs to destroy it.
"As my fellow lawyer said just now," Kitahara's voice said, "If the funds listed in the budget are not fiscal funds, then I ask the Shinjuku City Hall to change the name of the budget.
This is not called a public budget. This is called a government-owned budget. Because the money in this belongs to your government and has nothing to do with the citizens of Shinjuku City."
Kitahara did not respond at length.
Instead, respond with a simple three or four sentences.
common sense.
This is the core of Kitahara's discourse.
It's a return to common sense.
If the content of the budget can be exempted from public supervision, then why should it be made into a budget?
This is a question from common sense.
To deal with difficult and obscure argumentative logic or lofty viewpoints.
The best approach is simple common sense.
The entire conference room felt the sarcasm in Kitahara's words. Some of the city hall officials could not help but frown slightly. They all obviously found that this young man was not an easy person to deal with. This Kitahara lawyer was like a thorn in his side.
Head. No wonder he would provoke this case in this troubled time.
Hamano remained calm after hearing the reply from the other party.
This barrister, who has been tempered through countless large and small administrative lawsuits, has superhuman quality and level.
When he saw the young man opposite him, he could actually retort a few words to himself.
Hamano also became interested for a moment.
He decided to put some pressure on the young man on the opposite side.
"Lawyer Kitahara, I don't think you understand." Hamano sneered, "The preparation of a budget is not a housewife's monthly accounting. Behind it is the complex accounting principles of public funds. What assets should be recorded, how to record them, and how
Remember, how to deal with it. What to do if theory conflicts with complicated practical situations. Behind this is a set of complex and sophisticated accounting theories and practical principles."
"Yes, it may look stiff, outdated, and vulgar from the perspective of you citizens. It will be ridiculed and ridiculed by you citizens. But, Lawyer Kitahara, don't underestimate the hidden behind the budget. This is where a lot of the city hall is condensed.
The fruit of a public servant’s hard work day and night!”
"I want to ask you, Lawyer Kitahara!"
“Have you ever read a full budget book?!”
"Do you understand how much complicated accounting knowledge is required to prepare a budget?!"
“Do you know how many professionals have worked hard to achieve budget transparency in City Hall?!”
"If you have not read the budget from beginning to end! If you do not understand the accounting expertise required for budget preparation, then what qualifications do you have to express a self-righteous opinion on a budget that involves the concerns and interests of citizens!
"
Hamano asked a series of very impressive questions.
It caused huge pressure like a sudden rain.
So much so that even the bystanders were unconsciously made nervous by this series of questions. It was as if they themselves were being severely interrogated by Hamano.
The eyes in the conference room couldn't help but focus on how Kitahara would respond.
However, to everyone's surprise -
The young male lawyer actually answered frankly:
"I have not experienced the so-called painstaking process of preparing a budget at your city hall."
The voice fell.
Hear this answer.
For a moment, everyone thought that the lawyer in front of them was crazy. He fell directly into Hamano's trap and admitted his lack of experience and experience in public. It seemed that this young man had been forced to be at a loss by Barrister Hamano.
I can't even answer the questions normally.
Even Hamano laughed a little when the lawyer opposite answered.
However, the next second, the young male lawyer said in his low voice:
Chapter completed!