Chapter 954 - 410: The Burden of Proof
The legal provisions that Qin Mu just proposed...
He is not very familiar with them.
But he does have the ability to read the situation.
The two lawyers proficient in debt disputes on the other side had a major reaction upon hearing Qin Mu's defense.
Without a doubt.
Qin Mu's speech struck at their key point again.
It caught them off guard for a moment.
That familiar feeling of winning effortlessly...
Surfaced in his mind once more.
While in the audience seat.
The top lawyers from other regions who were rejoicing...
Fell silent once again.
The smiles on their faces froze.
The sudden change at the scene caught them off guard again.
"How can this kid be so familiar with debt dispute provisions? Isn't he good at criminal defense?"
"Bluffing! It's definitely bluffing! He might just happen to know these legal provisions, but surely he hasn't memorized the entire Civil Code?"
"How is that possible? The Civil Code is so thick! It's more than ten times thicker than the Criminal Code. Can anyone really memorize the entire Civil Code?"
"I'd rather believe it's a case of a blind cat meeting a dead rat than believe someone in the world can memorize all the civil code!"
"..."
In the audience seat.
Many people are lawyers specialized in civil litigation.
They naturally know that Qin Mu is not making things up.
The provisions he recited include obscure judicial interpretations, as well as common legal articles.
But not a single one among them...
Can do what Qin Mu doesβbeing so familiar and quick to use them.
Nonetheless...
Regarding Qin Mu.
They are now completely convinced.
Being able to consecutively embarrass them for three rounds proves Qin Mu's strength.
His capabilities are by no means below theirs!
...
On the Study Law Alliance Forum.
The previously gloomy and downcast forum became lively again.
Many netizens were watching the live broadcast.
They hadn't held much hope initially...
Suddenly found that Qin Mu surprisingly made a comeback, presenting eight civil-related provisions in a row.
Silencing the opposing lawyers.
Obviously.
At least in this defense round, Qin Mu has not fallen behind.
"Guys, did I remember incorrectly? Isn't up (Qin Mu) supposed to excel in criminal law, not civil law?"
"Unbelievable, up is just too bold, even being able to effortlessly handle matters in civil law?"
"Do you think it's possible that up has dealt with similar cases before? Do you remember Meng Lei?"
"Hiss!! Yes, I remember. It's been a long time since I witnessed such an impressive defendant like Meng Lei!"
"..."
In the forum.
Someone had a wake-up call moment.
Others gradually realized and recalled a previous video episode.
The protagonist of that video was Meng Lei, who also refused to repay borrowed money.
Just like that.
Without any IOUs or debt notes, the rights protection process was extremely difficult.
In the end...
Qin Mu used a small strategy to send Meng Lei in.
In that case.
Qin Mu explicitly explained how to prosecute and proceed with the process to deal with people who don't repay debts.
Making them gain a lot from it.
"That's definitely it! UP probably became familiar with these legal provisions from that case, allowing him to handle them so skillfully."
"Do you think UP might turn this case into a criminal trial again?"
"How is that possible? UP is the defendant's defense attorney now, how could he send the plaintiff side in?"
"UP's current priority is to find a way to persuade the Judgment Chief during the court investigation phase to help Li Si win this case."
"The court investigation should be coming up soon, right?"
"..."
Soon after.
Posts in the forum began predicting the direction of the upcoming trial.
As Qin Mu's fans.
Besides understanding criminal trials, they also have some understanding of civil trials.
There are big differences between civil and criminal trials, including the additional court investigation phase.
As the name implies.
It is a phase in the courtroom to investigate the specific circumstances of the case, to acquire detailed understanding.
Court investigations are divided into two types.
One type is courtroom investigation, that is, during the trial, the various pieces of evidence and materials provided by both parties are compared and dissected to restore the truth.
After all...
The parties who can reach a civil lawsuit in court must be deadlocked, each side claiming reason.
At this point.
It requires the members of the collegiate bench to gradually restore the truth and make a fair judgment.
And another...
Is external courtroom investigation.
Generally, if the case is not particularly special, there will not be an external courtroom investigation.
As for courtroom investigation...
The judgment chief mainly asks questions and verifies the various pieces of evidence provided by both parties, testing the judge's ability to see things clearly.
Of course.
This is also greatly related to the evidence and claims presented by both parties.
The more comprehensive the evidence presented, the easier it is to gain the trust of the judge and even all members of the collegiate bench.
And the easier it is to win the case.
"Boomβ"
In the simulated courtroom.
After Qin Mu's defense, the judgment chief frowned.
Exchanged a glance with the other judges.
After a brief communication.
He said in a deep voice: "Currently, according to both parties' statements, this court summarizes that the plaintiff, Zhang San, accuses the defendant, Li Si, of not repaying a debt of 54 million yuan, while the defendant, Li Si, believes this money is not a debt and should not be repaid."
"Next, both parties are requested to propose their respective claims and evidence around this core focus and begin the courtroom investigation."
At this point.
The case officially entered the courtroom investigation phase.
Two lawyers from Qianzhou immediately stood up and submitted the materials they had prepared to the collegiate bench.
"Here is the debt agreement signed by my client Zhang San and Li Si, with the opposite party clearly stating in black and white their willingness to repay the deficit amount, totaling 54 million yuan, within three months."
"Here is the deficit situation table of the trust account handed over by my client to Li Si for operation..."
The two lawyers successively submitted seven different pieces of evidence.
All extracted from the original case text to prove the existence of a debt relationship between Zhang San and Li Si.
Firstly.
Although Zhang San and Li Si did not sign a loan contract in advance, Li Si signed a deficit debt agreement afterward.
Expressing willingness to repay the deficit amount lost within three months.
Secondly.
According to legal logic, this matter originated from a loan of 150 million yuan.
In fact, Li Si did indeed operate this 150 million yuan.
The account losses were precisely caused by Li Si.
It is reasonable for Zhang San to request Li Si to repay the losses.
"Our side claims to demand the other party to repay the full amount of 54 million yuan with interest immediately, without further delays."
Finally.
After submitting the evidence, the two lawyers from Qianzhou reiterated their own side's claim.
The judgment chief and other members of the collegiate bench then took over the organized evidence materials and seriously reviewed them.
On the one hand.
They were examining the authenticity and credibility of these evidence materials.
On the other hand.
They were evaluating the ability of the lawyers from Qianzhou to organize evidence materials and participate in litigation, so as to score their performance after the trial.
"I have a question, why did Zhang San not directly transfer the loan to Li Si's account when lending money?"
A few minutes later.
The judgment chief took a deep breath, staring at the two Qianzhou lawyers and questioning.
This was a suspicious point in the current case.
Even though it was agreed upon while drinking, there were neither IOUs nor promissory notes, it shouldn't have been so casual.
"Well... it's like this, my client is keen on stock trading and operates a stock trading agency. It has many trust sub-accounts, the 150 million yuan couldn't be fully withdrawn at once, so it was stored in different accounts to lend to Li Si for operation..."
The two Qianzhou lawyers remained composed and quickly replied: "Our client also made an agreement with Li Si; if the 150 million yuan made a profit, he would only take a 1% commission as interest, and if it lost money, Li Si would bear the corresponding loss."
"Was this also an oral agreement?"
The judgment chief frowned and asked again.
"Yes, it was also an oral agreement."
Upon asking this.
The judgment chief looked towards Qin Mu's side and further asked: "You have just claimed that there was no debt relationship between Zhang San and you. Do you have any basis or proof for that?"
In civil litigation.
There is an important principle, which is whoever makes a claim must provide evidence.
For example, the two Qianzhou lawyers claim Li Si owes money, so they must produce sufficient evidence to prove Li Si owes money.
Similarly.
Qin Mu claims Li Si does not owe money, and must also produce sufficient evidence to prove Li Si does not owe money.
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If the evidence is insufficient...
Judging solely from the event itself.
The judgment chief and the whole collegiate bench would tend to make a decision favoring Zhang San's side.
"My side naturally also has evidence."
At the defendant's lawyer table.
Qin Mu stood tall with pride, ready to start the rebuttal immediately.
"The opposite party's loan fund transaction table contains significant loopholes, clearly maliciously fabricated!"