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Chapter 408 Fairy Cloud Villa (12)

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    ?

    What Lin Ziyao asked was the basic common sense of buying and selling.

    Lin Mei was speechless. The fake transaction between her and her mother Guo Yun was originally for tax avoidance. Naturally, she couldn't answer Lin Ziyao's question, so she could only turn her face away.

    There was a brief silence in the courtroom.

    Liu Yifeng has experienced many battles, and he is not surprised by such a situation. He said to Zhan Qiong: "Does the third party have any objections to the evidence submitted by the defendant?"

    Before Zhan Qiong could speak, Guo Yun spoke up first: "I agree, I agree, it's all true."

    It was as if the embarrassment caused by her just now had never happened.

    Lin Ziyao lamented that Ms. Guo's psychological quality is really strong!

    Shen Xianyun looked at Guo Yun with heavy makeup, and then saw her exaggerated body movements, and whispered in Lin Ziyao's ear: "It really looks like Grandma Liu who has entered the Grand View Garden."

    Lin Ziyao nodded slightly in response.

    Liu Yifeng said to Zhan Qiong: "The third party's lawyer will add."

    Zhan Qiong coughed slightly, and then said: "The third person, Ms. Guo Yun, has no objection to the authenticity of the two pieces of evidence submitted by the defendant and the objects to be proved."

    Liu Yifeng nodded, and then said: "The third person will give evidence."

    Zhan Qiong said: "The third party submitted a piece of evidence to the court, that is, the real estate certificate of the house in dispute, which proves that the house in dispute is already owned by the third party and has nothing to do with the defendant, Ms. Lin Mei."

    Liu Yifeng said: "The plaintiff cross-examined the evidence submitted by the third party."

    Lin Ziyao said: "We asked to see the original evidence."

    Liu Yifeng said: "I agree."

    Zhan Qiong handed over the original real estate certificate to the clerk, who then gave it to Lin Ziyao.

    Lin Ziyao handed the real estate certificate to Shen Xianyun. Even though Shen Xianyun already knew that Rose had transferred the real estate to Guo Yun's name, when he saw the real estate certificate, his hands were still trembling with anger.

    She must come back to this villa.

    Lin Ziyao said: "There is no objection to the authenticity of the real estate certificate, but there is objection to the object of proof. The cross-examination opinions are the same as the cross-examination opinions on the defendant's evidence."

    Zhan Qiong said on behalf of Lin Mei: "There are objections to the authenticity of the real estate certificate and the object of proof."

    The stage of presenting evidence and cross-examination has ended, and Liu Yifeng asked: "Do the three parties have anything to add to the factual part?"

    Lin Ziyao said: "I apply to ask the defendant, Ms. Lin Mei, a few questions."

    Liu Yifeng said: "I agree."

    Rose just learned Lin Ziyao's eloquence, and now she suddenly heard that Lin Ziyao wanted to ask her a question, and she was inevitably nervous.

    Rose looked at Zhan Qiong, her eyes were full of tension.

    Zhan Qiong nodded slightly to Rose, indicating that Rose should not be nervous, and he has everything covered.

    Lin Ziyao didn't want to give Rose and Zhan Qiong room to breathe. His repeated questions just now seemed to have put the ladder of attack on Rose and Guo Yun's spiritual castle. What he has to do now is to take advantage of the victory to pursue and completely capture the two of them.  .

    "Ms. Lin Mei, since you have sold the villa to Ms. Guo Yun, why are you and Mr. Lin Yunfei still using the villa?" Lin Ziyao asked.

    Zhan Qiong signaled Lin Mei not to speak. As Lin Mei's special authorized agent, he could answer any questions in court on behalf of Lin Mei.

    Zhan Qiong said: "Ms. Guo Yun also lives in the villa."

    Lin Ziyao said cleanly: "It's a lie. According to Mr. Lin Yunfei's statement, only Ms. Lin Mei and himself lived in the villa. Ms. Guo Yun only came to visit her daughter occasionally and never stayed overnight."

    Zhan Qiong wanted to add, but Lin Ziyao took the lead.

    "The property management of the community where the villa is located is very strict, just to ensure the safety of the owner. Every visitor's entry and exit will be recorded truthfully, including the visitor's name, phone number, and time of entry and exit. If the defendant and the third party insist that Ms. Guo Yun lives in  In the community, request the court to obtain Ms. Guo Yun¡¯s visit record from the property of the community where the villa in dispute is located. If it is the owner, there is no visit.¡± Lin Ziyao said.

    ?Because the transfer between Rose and Guo Yun was done in secret, the owner was changed to Guo Yun, and he did not register with the property office.

    What Lin Ziyao has to do now is to establish the image of Lin Mei and Guo Yun's mother and daughter lying in front of the judge.

    In this way, when Liu Yifeng exercised his discretion, he was able to stand more on her side.

    The judge's discretion refers to the process in which a judge makes a judgment in accordance with the law (including judicial interpretations), based on the facts ascertained by the court, and under the control of personal legal consciousness.  In other words, discretion is a process.?, Judgments and rulings made by judges are the result of discretion.

    The law is based on the rational transcendence of general social facts and social phenomena, and is based on the general attributes of most situations in social life. It can be applied to most situations in social life. At the same time, for the same or similar situations  , can also give the same or similar ruling results.  The generality of legal rules makes it difficult to avoid difficulties in the face of complex social realities.  The pursuit of formal justice in modern judiciary has worried about "vending machines" as early as Weber's time, and the "complexity" of social life determines that human pursuit of formal justice is only a relative thing.  In this way it will inevitably make it impossible for judges to apply legal rules to the settlement of specific individual cases in some cases.  That is, the justice in a specific case cannot be derived from the general justice of the law.  It is in such cases that the customary generality of law is sacrificed in a specific case to meet the needs of long-term individual particular justice, and it is deemed necessary in the interests of justice to depart from or relax established requirements.  Yes, though order tends toward routine and immutable rigid rules.  The universality of law becomes useless here.  The judge is given the power to, by an exercise of discretion, depart from the letter of the rule of law itself and try the case as the legislature might have dealt with the matter.  And the pursuit of special justice also perfects the universal justice of law to a certain extent.

    But judges' discretion is not unlimited.

    Judges must exercise discretion in accordance with the law.  Freedom of discretion is not absolute freedom, but relative freedom, which is absolutely restricted.  Judges do not apply the law outside the law, but find a space for adjudication under the provisions of the law, so as to make judgments.  This is definitely different from the "judge-made law" in the Anglo-American legal system.  Judicial interpretation is also a manifestation of discretion.  The discretionary space of the law is not only reflected in the judicial process, but also exists in the legislation.  Judges exercise discretion on specific cases, and the results are judgments and rulings; while the Supreme People's Court and the Supreme People's Procuratorate exercise discretion on specific legal issues, and the results are judicial interpretations.  Discretion is a process, and judgments, rulings and judicial interpretations are all the results of discretion.  (Remember the site URL: www.hlnovel.com
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