Chapter 258 The second court session
Asakura Yan's words are correct to a certain extent. A judge is not willing to invest his energy in trivial matters. To a large extent, the simple concept of justice also affects the judge's decision. Mikiko's thesis
Being found to be plagiarism by the Commissioner's Committee is Kyoto University's biggest source of confidence in this administrative lawsuit. At the same time, this is also the biggest weakness that Kitahara and the others face.
"But, that's not the case." Ochi questioned again, "As far as I know, administrative litigation focuses on procedures, not substantive issues. Even if Mikiko really plagiarized the paper, as long as the university deprived her of her degree, there were procedures.
If it is illegal, then the tribunal can also revoke the university’s decision.”
"Yes. What Professor Ochi said is indeed true. But this is only the first, not the second." Asakura Yan showed a rather complacent smile, "This view is just a theory in the book, and it may not be the case in practice.
In the actual trial of the court, if the illegality of the administrative procedure is not serious enough to affect the fairness of the administrative action, the court will not revoke the corresponding administrative action at will. In other words, as long as an administrative action is generally appropriate,
Therefore, based on stability considerations, the tribunal will not easily revoke the university's decision due to some minor procedural violations."
The words of this great authority reveal the huge gap between judicial operation and book theory.
On the one hand, administrative agencies need to strictly abide by the corresponding administrative procedures, otherwise the corresponding decisions they make may be revoked due to illegal procedures.
But on the other hand, based on efficiency considerations, courts will not easily revoke administrative actions taken by administrative agencies because of minor procedural violations.
Asakura Hiko has completely grasped the pulse of current administrative litigation in Japan.
Soon, with the endorsement of this great authority, Ochi's attempt to challenge Takeuchi at the meeting was completely collapsed. Takeuchi's faction once again firmly occupied the upper hand. Despite this, the power structure within the university has emerged.
Due to Takeuchi's missteps in dealing with Morimoto's corruption charges, and now his research team is involved in Mikiko's lawsuit. For the first time, this roly-poly among the university's senior leaders has faced some challenges to his solid power.
An unstable situation. However, on the other hand, the opposition represented by Ochi was unable to muster enough strength to oppose Takeuchi for a while.
At this moment, the balance of power at Kyoto University is in a delicate balance, with various forces surging undercurrents, but none of them can change the status quo on their own. A fragile balance has been formed. And what can affect this fragile balance is actually...
It was at this time that Mikiko brought up this seemingly ridiculous lawsuit.
Many senior officials of Kyoto University unknowingly did not realize that the gradual changes in the power structure of the university could be traced back to a lawyer who came from Tokyo. Butterflies on the east coast can fly in the sea with just a flick of their wings.
The other side caused violent storms. The starting point of such far-reaching changes happened when a Tokyo lawyer came to Kyoto University...
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Time continued to pass, and the Sakyo District District Court quickly arranged the date for the second court hearing. Just one week later, on Friday. The turning dial of time quickly set the date to the date of the second court hearing. On
During this period, the lawsuit filed by Mikiko has become more and more popular in society. Countless BBS forum panels have opened posts, scolding this female doctor who committed academic misconduct. More and more people
More and more media outlets are beginning to follow the progress of this lawsuit.
A doctor who graduated from a prestigious university ended up with this end.
This huge contrast undoubtedly arouses people's attention even more.
Everyone involved was enjoying a witch-hunting carnival. They were finally able to find a drowned dog, beat it as hard as they could, and vent the most vicious curses on Mikiko to achieve the so-called "sense of justice" in their hearts.
Mikiko was tied to the cross, poured with gasoline, tortured, and finally set on fire to complete the grand mission in their hearts - a sense of nobility, mission, and holiness achieved by torturing others.
Friday, 9:52 am.
Sakyo Ward District Court, Court No. 503.
Kitahara was already sitting at the plaintiff's table, unzipping his briefcase and taking out stacks of trial materials. According to his estimation, the evidence section of today's trial will undoubtedly involve the university's determination that Mikiko plagiarized.
Whether there is enough evidence is the node. The most thrilling part of this lawsuit is about to come.
Of course, Kitahara does not expect to be able to completely deny that Mikiko's paper constitutes plagiarism. This is an impossible task. As long as he can show to the judge that Mikiko's paper does not 100% constitute academic misconduct, but constitutes
There is controversy over academic misconduct, and this is the best outcome.
There is no hope of confirming that Mikiko's paper is not plagiarized.
Instead, the question was transformed into whether Mikiko’s paper was plagiarized.
As long as this can be done, it can be said that there is at least a glimmer of hope for this lawsuit.
Even if it's just a trace.
But for those in darkness, this glimmer of light is enough.
Beiyuan raised his head, looked at the two figures in the dock, and looked at the two opponents opposite him again.
Asakura Hiko and Takezawa, who were invited by Kyoto University, are whispering to each other at the moment, and they don’t know what they are whispering. The combination of these two legal experts is just right, and their cooperation in the court can be said to be extremely perfect. One is an academic authority, and the other is
Senior practical experts maximize each other's advantages.
Beihara lowered his head and pondered, assessing the trump card in his hand. Unfortunately, in this lawsuit, he only had one trump card. That was Yue Zhi. He relied on Yue Zhi to provide him with confidential documents within the university to see if it could help him.
The opponent caused an unexpected blow. Today, this trump card is going to be used.
Yes.
The lawsuit is not even halfway through, and the only trump card in hand is about to be used.
Mikiko's lawsuit can be said to be the most disadvantaged lawsuit that Kitahara has ever handled.
This feeling of being about to use up all your trump cards and having no way to win is really annoying. Kitahara laughed to himself.
"Please all stand up." The clerk's voice suddenly came from the court, "The judge has taken his seat."
I don’t know when, the judges in black robes appeared from the secret passage in the court and came to the trial seat. In an instant, the whole court was full of people, and they stood up one after another, as if they were on the ground.
Suddenly, forest trees appeared one after another above.
"Please sit down!" the clerk said loudly again.
Judge Kawada sat on the seat, raised his gavel, and said loudly: "The case of plaintiff Mikiko Tamai suing Kyoto University for revocation of administrative action is now being heard for the second time!"
"Click!"
Chapter completed!