However, if the opposing party does not agree, foreign courts are also unable to live broadcast the case.
"Is that so?" Li Weiguo suddenly realized and couldn’t help feeling sowhat disappointed.
Old Zhang would definitely allow the live broadcast. It all depended on whether the other party was willing to allow it. In Li Weiguo’s view, the other party was so shaless, having deceived soone into signing, that they probably wouldn’t authorize a live broadcast. Barring any surprises, they wouldn’t be able to watch the live broadcast of this lawsuit.
...
That evening, Qin Mu packed his luggage and boarded a plane heading abroad.
On the way, he logged into a dedicated legal resource website and purchased a large quantity of foreign legal e-books. On the plane, he stared at his phone, absorbing the information at an incredible pace, as if reading ten lines at a single glance. He eagerly soaked up this knowledge.
It included the country’s local judicial system, attorney system, civil litigation system, criminal litigation system, and so on. Additionally, there was material from the field of contract law relevant to the donation agreent in their case.
With his "Photographic mory" skill, his learning speed was incredibly fast, and he quickly gained a comprehensive understanding of the foreign legal system.
By comparison, these foreign laws focus more on protecting individual legal rights, while our dostic laws emphasize collective interests. That’s likely why dostic stability is higher, while abroad, it seems like gunfights are an almost daily occurrence. Being a grassroots police officer abroad is an extrely dangerous job, with many dying in the line of duty every day. Consequently, news about police fatally shooting ard individuals attempting suicide is common. This is because those attempting suicide often possess lethal weapons. Conditioned by persistent fear and suspicion, no one dares take risks, opting to strike preemptively instead.
As for their judicial system, they commonly implent a three-tier, two-instance system where the second hearing’s judgnt is final. Civil litigation arises from a party’s breach of contract, unlawful act, or civil tort, and judgnts rely more on existing precedents. That is, if a similar case has been judged before, new cases should follow that judgnt. The main purpose is to ensure legal consistency and fairness, preventing varied judgnts that could lead to inequity. However, this approach overlooks the unique aspects of each case. No two cases are identical, and parties involved may have their own extenuating circumstances.
In civil litigation, there’s also a pre-trial conference where the judge and court officials et with lawyers from both sides—the parties themselves don’t participate. These three parties consult to determine how the case will be tried. So cases, being straightforward and without doubtful points, can be decided after this three-way discussion, without needing a formal trial or jury. This is similar to pre-trial diation in our country; if all parties agree, the plaintiff is considered to have withdrawn the suit, and no further trial is necessary.
Before a trial begins, judges and courts make no prior preparations; they don’t familiarize themselves with the case details beforehand, nor do they conduct preliminary investigations. This ans that during the trial, much depends on the lawyers’ performance in court. If they can persuade the court with evidence, docuntation, and eloquence, the case is practically won.
During the trial’s examination phase, both sides can submit written questions to the other, requiring answers under oath. Sworn testimony carries legal weight and cannot be overturned.
The trial proceedings themselves aren’t vastly different from dostic ones, mainly involving the presentation of argunts, evidence, debate, and judgnt. It’s worth noting that abroad, judgnts are made not by a collegial panel, but by a jury! For each case, a jury is randomly selected to observe the entire trial. These jurors are legal citizens from all walks of life, with minimal eligibility criteria. They could be successful entrepreneurs, cleaners, or even beggars. The court’s final verdict is delivered by the jury, and it must be unanimous to take effect. If even one juror disagrees with a proposed judgnt, the case will be postponed for a retrial, or a new jury will be selected. In their judgnts, the principle of majority rule isn’t followed. This often leads to a phenonon where many foreign cases drag on indefinitely, remaining unresolved.
"This case... is not going to be easy," Qin Mu muttered to himself on the plane after familiarizing himself with the relevant information. He rubbed his forehead, feeling the situation was quite tricky.
To win this lawsuit, there are two main difficulties. Firstly, in that locality, there are already precedents where individuals who signed donation pledges were sued and ordered to pay the promised amounts. This is probably why that rogue tour group chose to fraudulently solicit donations there. With existing precedents, many courts would likely make a rote application of past civil case judgnts, ruling in line with those previous outcos. Secondly, as foreigners, it will be extrely challenging for Old Zhang and to win the jury’s favor and trust. The jury is composed of randomly selected citizens with no specific background, but without exception, they are all locals. Their duty is to listen to the case and make judgnts on the facts; applying the law is the judge’s role. These jurors will undoubtedly see Old Zhang and as outsiders and will likely lack empathy for us. Gaining their approval and securing a unanimous decision in our favor will be incredibly difficult. No wonder the system predicted a rare reward for completing this task. The sheer difficulty...
User Comments
0 comments from readers