Chapter 291 Fierce battle
Even if Mount Tai is overwhelming, there is no fear.
Kitahara stood up from the plaintiff's seat, looked at the trial seat, his eyes were cold, and he said: "Chief referee, looking at the entire investigation process launched by Kyoto University against my client, it did not strictly follow the university regulations! It did not protect my client.
The right to know and the right to defend. And even though the expert group still has major differences that cannot be ignored as to whether Mikiko's paper constitutes plagiarism, it still insists on depriving my client of his degree. The unfair and unjust procedures will inevitably lead to the consequences.
The result of the student's death must be unfair and unfair! Specifically, the university has serious violations of the four major procedures!"
Beihara's voice echoed in the court.
Four accusations of serious illegal procedures were leveled against all university-related persons present.
Like a sword being unsheathed, the cold light flashes.
Asakura Yan frowned slightly and tapped his fingers on the table. He did not expect that at this final moment, the other party would still be struggling. Since he had to rush to the execution ground on his own initiative, then don't regret it!
The next second, Beihara's voice continued:
"First of all, the subject of the investigation has committed a serious violation of the law. In accordance with the university's internal regulations - "Principles for Handling and Preventing Academic Misconduct", Part B, Chapter 3. If the degree results involve misconduct, the degree evaluation committee shall organize an investigation. For other academic
If there is misconduct, the university academic committee will organize an investigation.”
"In this case, since the university believes that the academic achievements used by Mikiko to apply for a degree have been plagiarized, an investigation should be organized by the Degree Evaluation Committee in accordance with the corresponding regulations. However, we have seen that in this process, Kyoto University
The Academic Degree Evaluation Committee ordered the Academic Committee to establish an investigation team. Therefore, the establishment of the entire investigation team, the conduct of the investigation, and the confirmation of the results of the investigation were all completed by the Academic Committee. Therefore, the subject of the investigation in this case was essentially
It is an academic committee, not a degree evaluation committee.”
"According to the university's internal rules, the academic committee is not qualified to investigate whether degree results involve academic misconduct. Therefore, the subject of the investigation seriously violated the university's internal rules. The investigation of Mikiko was carried out by the academic committee beyond its powers.
An investigation without legitimacy!”
It was like a long sword coming out at this moment.
The horn sounded.
Kitahara immediately seized on the fact that the subject of the university's investigation did not meet the regulations and launched an attack. The university regulations stipulated that the degree evaluation committee should organize the investigation. However, during the actual investigation of Mikiko, the academic committee was instructed by the degree evaluation committee to do the relevant work.
.
Zhuze, who was in the dock, couldn't help but clenched her hands, her expression was stunned, and then she took a breath. She had really recognized the strength of the young male lawyer opposite. If it weren't for this lawsuit, they would have
The evidence is too weak. That lawyer named Beihara really... really might make a comeback.
Asakura Yan stood up immediately and retorted forcefully: "What the plaintiff's attorney said is not correct. The reason why the university regulations stipulate that academic misconduct in degree results shall be investigated by the Degree Evaluation Committee is because the Degree Evaluation Committee has the authority to promulgate and award degrees.
Function. Therefore, the decision to award or deprive a degree can only be implemented by the Degree Evaluation Committee. But this does not mean that the specific investigation work needs to be carried out by the Degree Evaluation Committee."
"In fact, the academic committee is responsible for investigating academic misconduct within the university. There is nothing blameworthy in entrusting the academic committee to investigate. During the entire investigation process, the academic committee reported to the degree evaluation committee.
The plaintiff’s attorney’s view that the subject of the investigation in this case has violated the law is incorrect!”
"Then I would like to ask the defendant's attorney -" Kitahara said suddenly.
In court, the young man directly challenged the great authority of administrative law.
"Judging from the evidence on file, the Degree Evaluation Committee has not sent personnel to participate from the beginning to the end. All matters investigated in this case were handled by the Academic Committee. Then, I would like to ask the defendant's lawyer. The Degree Evaluation Committee has always
In the end, its role is just to put a few seals on the investigation documents. Can you still think that the subject of the investigation in this case is the degree evaluation committee?!"
Asakura Yan replied easily: "The role of the Degree Evaluation Committee is to coordinate all parties. It is an organizational body and a leading body. Judging from the composition of the committee itself, it does not have enough manpower to carry out academic work.
Of course, you can only entrust an academic committee to conduct a misconduct investigation. This situation is normal, and you should not be too demanding on the subject of the investigation. The reasons stated by the plaintiff’s attorney are not valid!”
Kitahara ignored Asakura Hiko's counterattack, but skipped this point again, and said again: "The illegality of the second procedure is that Kyoto University did not specify the relevant regulatory basis in the decision to revoke the doctorate."
Kitahara held up this page of materials, pointed to the text on it and said: "In the decision to revoke my client's degree, the relevant decision only recorded: 'Mikiko Tamai, you have violated the university's "Academic Misconduct Handling and Prevention Code" and "National Legal Person"
According to the relevant provisions of the Degree Awarding Regulations, your degree will be revoked after the Degree Evaluation Committee has made a decision.'"
"Judging from the text of the relevant decision involved in the case, Kyoto University only stated that Mikiko violated the relevant provisions of the "Principles for the Handling and Prevention of Academic Misconduct" and the "Regulations on the Awarding of National Legal Person Degrees", but did not specifically cite which article was applicable as the basis for depriving me of my rights.
The degree of the party Mikiko. The author of the administrative act should inform the other party of the specific legal norms on which the administrative act is based, thereby showing that the administrator has legal authorization. Kyoto University did not upload the decision to revoke the degree.
The specific university rules and regulations indicate that the legal basis for administrative actions in this case is unclear, and it cannot guarantee that the administrative counterpart can fully defend the relevant administrative actions. Therefore, my client, Mikiko, has been severely deprived of her procedural rights by the university.
"
"The relevant decisions of Kyoto University do not specify specific legal norms, which are applicable to the university regulations. There is no clear basis in the law, and there is no legal authorization. The relevant administrative actions are legal situations that should be revoked!!"
In the courtroom, Beihara once again launched a second round of fierce attacks.
In the fighting that followed, every bullet fired was the most vicious bullet.
At this stage, both parties will no longer make any reservations.
Chapter completed!