Becoming a lawyer starts with raising a Xiezhi

Chapter 186
The focus of the case is on who has the burden of proof to prove the existence of the labor relationship between the two parties, because neither party has enough evidence, and it depends on who bears the burden of proof if the company has the burden of proof and it If not, then he loses the case.

And if the laborer bears the burden of proof, then if he fails to provide proof, he will bear the consequences of losing the lawsuit.

The judge summed up the focus of the case and let the two sides debate around this issue.

Meng Langxian said: "Dear presiding judge and judge, the plaintiff believes that the law does not force others to be difficult. The plaintiff went to work with the defendant on the first day, and it is impossible for the plaintiff to have relevant evidence of a formal labor relationship with the defendant, such as salary cards and company employee badges. Evidence that can prove that the plaintiff is an employee of the company, and the defendant also admits that the accident occurred at the defendant's place, so unless there is evidence to the contrary that the plaintiff is not an employee of the defendant, the two parties should be deemed to have a labor relationship. The defendant claims that the plaintiff had an accident at the defendant's place , It was an interview at the time, and the plaintiff was asked to cook a few dishes to taste. According to the principle of whoever advocates, they should bear the burden of proof. Now that they have not submitted relevant evidence, it means that it is not an interview, but what the plaintiff said Therefore, the plaintiff believes that the defendant's claim cannot be established, the plaintiff's statement is true, and it should be determined that the two parties have a labor relationship."

As soon as Meng Lang finished speaking, the defendant's lawyer immediately said: "The defendant believes that this is a lawsuit to confirm the labor relationship, and the principle of inversion of proof should not be applied. Just like what the plaintiff's lawyer said just now, whoever advocates should provide evidence. Now the plaintiff claims that there is a labor relationship. He should bear the burden of proof. Now that he can’t provide evidence, it is naturally impossible to confirm the labor relationship between the two parties. When we propose an interview, we just refute him. There is no need to submit evidence. The key is whether he has provided evidence to prove the existence of a labor relationship. That burden of proof should be on the plaintiff, not the defendant."

What the defendant's lawyer said was straightforward, and it seemed that he had a chance to win. After hearing this, Meng Lang pursed his lips and thought for a while, then counterattacked: "The plaintiff said just now that the law is not difficult for others. The plaintiff's inability to produce evidence to prove the existence of a labor relationship between the two parties does not mean that they cannot prove it. , but I can’t prove it, I can’t prove it, I have to bear the responsibility of losing the lawsuit, but it’s an objective existence that I can’t prove it, you can’t ask me to produce something that doesn’t exist. Evidence to prove the existence of a labor relationship, the current evidence is that the plaintiff was injured at the defendant's place, and the plaintiff was at the defendant's place, either at work, or as the defendant said, it was an interview. If it proves to be an interview, then naturally The possibility of employment is ruled out. Similarly, if it cannot be proved that it is an interview, then it is employment. The burden of proof should be on the defendant. No matter how the defendant denies this matter, if there is no evidence that the plaintiff is interviewing, it should be confirmed that there is an employment relationship between the two parties. !"

After Meng Lang finished speaking, the defendant's lawyer wanted to say something more, but the judge stopped him and said, "The opinions of both of you have been recorded in this court, so let's end the court debate here. You can submit written representations after the meeting .”

The defendant's lawyer seemed to be full of ideas. Seeing Meng Lang, he really wanted to give them a hard time. It is really uncertain whether this case will win. Some cases always make people feel unsure. This is one of them. .

When the court ended, Niu Zhao's classmate was not too emotional, because he felt that the case might not be won, and the defendant's lawyer seemed a little complacent, as if they were about to win the case.

Niu Zhao comforted her classmate, telling him not to worry and to take good care of himself. It was still early in life, so don't get discouraged because of a little setback.

Her classmates didn't want to be discouraged, but faced with this situation, how can outsiders understand it?

After returning home, Meng Lang was also thinking about whether he could win the case, when he suddenly felt movement in the bright space.

He was taken aback, and quickly went in to have a look, and when he went in, he was even more taken aback, only to see that Xiao Hei was crashing into a tree, and the tree he hit was shaking.

Meng Lang hurried over to hug it and asked what was wrong with it. Xiao Hei naturally couldn't speak, but kept barking and banging his horns. This frightened him, thinking that Xiao Hei was ill?Still crazy?
Meng Lang quickly called Old Man Guangming. After a long time, Old Man Guangming came out and he hurriedly asked.

The old man Guangming said leisurely: "Xiao Hei is spiritual."

"What's spiritual?" Meng Lang asked puzzled.

The old man Guangming said: "Xiao Hei is a law beast, the incarnation of justice. It will sense anyone who is unjust, and then get angry. It sensed the case you just worked on, so why did this happen?"

When Meng Lang heard this, he was stunned and said, "What should we do?"

The old man Guangming said: "You don't need to worry about it, it is venting itself, and it will be fine after venting out."

Meng Lang was stunned again. Xiao Hei was still a cynical youth?Internet troll?Internet trolls like to spray on the Internet, so it likes to hit trees?If it grows up, what should I do? This tree will definitely not be hit by it. After a long time, won't all the trees here be knocked down by it?
"Then how can we prevent this from happening?" Meng Lang asked.

The old man Guangming said: "Unless you can help the parties to uphold justice, it won't hit you. But to tell you the truth, it is beneficial to you if it hits a tree. If you can't handle things, it can help you. So does hitting a tree." An induction will slowly affect people's hearts."

Hearing this, Meng Lang didn't know what he meant, and the old man Guangming didn't explain it too clearly to him. If it would be beneficial for him to hit the tree, then let him hit it. Anyway, it can't hit the tree now, it's always there It's so boring here, hitting trees is also a way of entertainment.

The old man Guangming disappeared after talking to him, and Meng Lang stayed with Xiao Hei for a while. When Xiao Hei saw him coming, his mood gradually stabilized. Seeing this, he fed it food.

After staying in the bright space for a while, he came out, and then thought about the case of Niu Zhao. Now he has no other choice but to see how the judge looks at this problem and how to determine it. If the judge If he disagreed with the plaintiff's claim, the case would be lost, and he was ready to appeal and fight for Niu Zhao.

While he was busy with Niu Zhao's case, he was not idle about Li Guang's robbery case, and soon entered the stage of review and prosecution.

Coincidentally, the lead prosecutor of Li Guang's case was the public prosecutor who faced him last time. When he went to the procuratorate to review the files, he wanted to communicate with the public prosecutor by the way, but he met her.

(End of this chapter)