Too Bad I Take Things Seriously
Chapter 764 - 274: Someone was once sentenced to 80 years for robbery_2
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 somewhat 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 shameless, having deceived someone 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 agreement in their case.
With his "Photographic Memory" 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 domestic laws emphasize collective interests. That’s likely why domestic stability is higher, while abroad, it seems like gunfights are an almost daily occurrence. Being a grassroots police officer abroad is an extremely dangerous job, with many dying in the line of duty every day. Consequently, news about police fatally shooting armed 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 implement a three-tier, two-instance system where the second hearing’s judgment is final. Civil litigation arises from a party’s breach of contract, unlawful act, or civil tort, and judgments rely more on existing precedents. That is, if a similar case has been judged before, new cases should follow that judgment. The main purpose is to ensure legal consistency and fairness, preventing varied judgments 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 meet with lawyers from both sides—the parties themselves don’t participate. These three parties consult to determine how the case will be tried. Some 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 mediation 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 means that during the trial, much depends on the lawyers’ performance in court. If they can persuade the court with evidence, documentation, 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 domestic ones, mainly involving the presentation of arguments, evidence, debate, and judgment. It’s worth noting that abroad, judgments 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 judgment, the case will be postponed for a retrial, or a new jury will be selected. In their judgments, the principle of majority rule isn’t followed. This often leads to a phenomenon 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 judgments, ruling in line with those previous outcomes. Secondly, as foreigners, it will be extremely challenging for Old Zhang and me 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 judgments on the facts; applying the law is the judge’s role. These jurors will undoubtedly see Old Zhang and me 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...