"Lawyer Feng, that, let me confirm - is your appeal too simple?"

In the filing court of the Jiangnan Provincial High Court, a girl in her 30s behind the window (after all, it is not easy to get into the High Court, and 30 years old is considered a girl) read the appeal submitted by Feng Jianxiong and then, and repeatedly confirmed it with some anxiety.

Feng Jianxiong's reputation in the legal world has long been spread far away.

After all, if a lawyer with hundreds of millions of people in the national public is put back on this acre of land in the legal world, it means that everyone has heard of it.

Therefore, the female case filer did not dare to act rashly at all. Even if there were any questions, he would ask with a kindness.

Times have changed.

"Is there any problem? I think I have written it very clearly. Just set it as I ask." Feng Jianxiong asked proudly.

Ma and Sa next to him were a little nervous, as if they were ashamed.

The reason why she was embarrassed to submit the appeal in person was entirely because she knew how simple the appeal sent to her by Feng Jianxiong was.

During these days, Ma Hesha often comes to the Provincial High Court to wander around and see the world. So he has seen many appeals submitted by others.

Compared with other people's, they all have more than ten pages of comments, and there are many questions. But Feng Jianxiong asked her to submit the letter, only two pages of paper, but there is only one question. No matter how you look at it, you are a little unlucky.

It’s not that Ma Hesha doesn’t believe in Feng Jianxiong’s strength. She just stays at the level of understanding of primary school students’ judging the level of composition:

In the eyes of primary school students, writing at least 800 or 1,000 words in an essay can be a good article with high scores, right? If the words are not written for a long time, you will definitely not get high scores!

A layman can't understand something like a word of money.

Fortunately, the female case filer is not an outsider. She was patient and persuaded from a professional perspective:

"Lawyer Feng, I am not questioning you. I just think that in your appeal, you only mentioned that in your point of view that "is dissatisfied with the legal characterization of the first instance facts" and believed that it should not be a "infringement lawsuit". Isn't it a bit inappropriate? If you write more, the winning rate will be high, I am doing this for your own good.

You...can't have been in too many criminal lawsuits recently? Civil second trials, but there is no "comprehensive review principle". If you don't write points, the court will not review them. Even if there are new evidence in your favor in those places, you will not be able to submit them at that time."

"Don't worry, I know, just stand it like that!" Feng Jianxiong affirmed very domineeringly.

Since Feng Jianxiong was so persistent, the female investigator had no courage to touch his negative scales, so he had to pay silence in his heart for the unknown judge of the Municipal Intermediate People's Court.

If such a tough appeal was changed to Feng Jianxiong. The career of the first-instance judge would be very bad.

Could it be that Feng Jianxiong has a grudge against the first instance judge?

Or, just because of the "Peng Y case", I was unhappy with the first instance judge and wanted to "do the way for heaven"?

"Okay, we have filed it according to your requirements. We will do a good job within 5 days. Please rate my job." Submit some receipt documents to Feng Jianxiong, and the female case filer smiled sincerely and asked for comment.

Feng Jianxiong pointed out "satisfaction" and floated away.

Ma Hesha was beside him, and secretly asked Yu Meiqin in a daze: "Sister Meiqin, do you know why Brother Xiong wrote so few reasons for the appeal? Is it because the fewer words, the higher the style?"

"Of course not. Isn't this let the second-instance court concentrate resources to focus on difficulties? Moreover, our behavior is not glorious in the facts and evidence. You have indeed harmed Apple's interests, openly used jailbreak cracking systems, and promoted the crackability of Apple's system.

Why do you mention these things again when the second trial? Of course, just mention the points that are beneficial to us.

In addition, Xiaoxiong has many considerations about the details of the litigation law. I can’t explain this thing to you at once. If you are interested, I will talk about it slowly.”

"Tell me, I'm listening." Ma Hesha was very humble and threw the car keys to Feng Jianxiong, asking Feng Jianxiong to drive. She could sit in the back row and listen to Yu Meiqin's literacy quietly.

Yu Meiqin then told the story.

...

I believe many people who know a little bit of the law know that in criminal cases, the scope of the second instance is handled based on the "principle of comprehensive review".

The female filing officer of the Provincial High Court just mentioned this principle.

In other words, in a criminal case, no matter where the appellant believes that he has an injustice, the second-instance court will review all the differences in evidence and the differences in law that occurred in the first instance.

Because criminal cases are public prosecutions and are manifestations of the exercise of state public power.

Even if an error point is found in the end, this point is not the point of dissatisfaction mentioned by the appellant in the appeal. The second instance court has the right to change the error point (if it is a point where the facts are unclear, it is sent back for retrial).

Of course, if this newly discovered point is unfavorable to the appellant, then the second-instance court will write down the problem clearly even if it is discovered, but maintain the original judgment - of course, this is the consequence of the principle of "no additional sentence for appeal", and it does not mean that the "comprehensive review principle" has expired, and one thing is the same.

(Note: Appeal is not subject to additional punishment, which means that according to the Criminal Procedure Law, if the defendant in a criminal case is dissatisfied with the appeal, the sentence of the second instance of the appeal cannot be higher than that of the first instance. This is to protect the legal litigation rights of the suspect/defendant, so that they believe in the national judicial system, be brave to appeal to the second instance, and do not have any worries.

However, if an additional fact or bad circumstances are found that obviously leads to the serious crime, the procuratorate can still file an additional "appeal" to increase the sentence. But this has nothing to do with "appeal". In the "appeal" stage, it is definitely not allowed to change it more than the original sentence.)

However, in the field of civil litigation where "no complaints, no complaints, no complaints", in order to fully respect the parties' autonomy of will, the "principle of comprehensive review" no longer exists.

Civil litigation is strictly followed by the procedure of "If you are not convinced by any point, I will concentrate on only this point in the second instance. Other points that the plaintiff and defendant agree with will be skipped directly in the second instance."

In French terms, it means: Article 168 of the Civil Procedure Law: The second instance people's court shall review the relevant facts and applicable laws of the appeal request.

The Supreme Court on the application

Article 323 of the Interpretation of the Second Instance People's Court shall conduct a trial around the parties' appeal request. If the parties do not make a request, the trial will not be given, except that the first-instance judgment violates the prohibitive provisions of the law, or damages the national interests, social public interests, and the legitimate rights and interests of others.

Pay attention to the four big words "not being tried" here.

In other words, the second instance of civil litigation strictly follows "as long as you do not conceal the fact that infringes on public or third-party rights, then the point you do not sue will be strict and will never be mentioned in the review."

...

This is why Feng Jianxiong wrote a complaint for Ma Hesha, his writing style is so concise and essence, and he only pointed it out one point: "I think the first instance court applied the law wrongly when it was decriminating whether it was a "infringement" or a "breach of contract"!"

"I think it's absolutely right in fact!"

"The evidence part is absolutely correct!"

"The people who investigate and collect evidence are very professional and perfect. You second-instance court doesn't have to look at it at all."

"I'm here to smash the situation, I'm here to tell you with my face: Your subordinates are incompetent, and the law is wrong! Just this one is wrong, no one else is wrong!"

This is very anal.

The female case filer has been in the industry for 10 years, but she has never encountered such a tough appeal with such a tough wording and being so arrogant, so she raised her questions at that time.

When other lawyers do such things, they usually have to be polite and take care of the emotions of the court system!

For example, there are doubts here and there. In this way, even if the second instance is changed in the end, you can still give some face to the judicial system:

You see, the appeal points you filed are not all correct. The facts are mentioned blindly, so this part is upheld the original judgment! However, the application of the law is a little inappropriate, so you can make a few less rules and change the judgment to what...

What's more, writing more appeal points will not cost any of the lawyers, and you can also seem to be diligent in your work and workload, and you can be worthy of the attorney fees given by the client.

In history, this is how the industry rules have been operated. It is really rare for Feng Jianxiong to kill a word that is cherished.

If Feng Jianxiong finally changed the sentence to a verdict, it would definitely be a bigger blow to Judge Wang H's career in the first instance.

Because for judges in lower courts, the most feared thing is to encounter this misjudgment that "the implementation is very clear, but the application of the law is wrong."

This thing is the most harmful to the judge's personal political achievements, because the responsibility must be 100% of the judge's personal, so it is impossible to shirk to the relevant departments such as investigation and evidence collection.

Many new judges from grassroots courts, assistant judges who have been in office for many years, are about to have the opportunity to be single for a long time. If something like this happens, they will be beaten back to work as many assistants for several years.

Of course, Feng Jianxiong also had reasons for doing this - Yu Meiqin had just told Ma Hesha that it was mainly to prevent the second trial from being widely reported. After public reports, it would have any negative impact on Feng Jianxiong and Ma Hesha's public image.

In other words, Feng Jianxiong did not want those "scandalous things that he was unreasonable" to be involved in the second instance.

For this, he is willing to pay the price of "not taking into account the sentiment of the court system even more."

All of this is destined to be based on the premise that Feng Jianxiong is very sure of winning the case.

Otherwise, once this measure of "not taking into account the emotions of the court system" has a substantial effect on the judgment, it will be too late to cry.

This is a gamble that only those who are confident of themselves dare to do.

...

In just five days, the Jiangnan Provincial High Court completed the acceptance work and issued relevant notice documents, including sending a copy to Du Qiuming.

Including Feng Jianxiong's appeal.

When Du Qiuming read Feng Jianxiong's appeal, he felt a little guilty.

The other party's aura is really not afraid of heaven or earth.

There is no need to guess this, just look at the appeal of the words that are so precious that you can tell.

"It's so tough? He thinks he can win the second trial safely? Where does he get the confidence?"

"No, although I'm sure I'll win, it's better to find a way to cause more trouble for Feng Jianxiong. Since he is so obsessed with the legal characterization of 'infringement' and 'breach of contract', I'll make another '**** responsibility' to make the water more muted..."

"Anyway, both parties can dissatisfied with civil cases, and both parties can appeal. I would like to mention the points that Feng Jianxiong didn't want to mention... But unfortunately, those points that have been judged to be beneficial to us cannot be dissatisfied with, and the materials seem to be a little short of..."
Chapter completed!