157: Of course I am asking you to disclose the information in order to sue you.

On the third floor of the Silver Fir District Education Bureau, which also housed the Information Disclosure Office, staff member Jiao Xiaoyan was busy in front of her computer.

Just then, she heard a knock on the door and, without hesitation, said, “Come in.”

As she spoke, she looked up and saw a young man push the door open and enter.

Jiao Xiaoyan asked, a little puzzled, “Hello, who are you looking for?”

Normally, not many people came to their office because most information disclosure requests were made by mail; it was rare for someone to come in person.

The handsome young man who entered was Zhou Yun, who smiled and said, “Hello, Comrade, I’m here to apply for information disclosure.”

Zhou Yun now generally addressed strangers as Comrade, a term that had no issues.

Upon hearing this, Jiao Xiaoyan said in surprise, “Applying for information disclosure? You actually came all this way.”

Zhou Yun smiled again and said, “Yes, I prefer face-to-face communication. Here’s the information disclosure application form, the power of attorney, and a copy of the applicant’s ID card…”

Those who frequently apply for disclosure generally know the process. Usually, these agencies have an information disclosure section on their official websites where you can find the information disclosure application form.

You download this form, fill it out, and then bring a copy of your ID card and relevant materials that can prove your relationship with the public information, and then you can apply.

Generally, phone applications are not allowed. You can write a letter, which means mailing these documents, or apply online, or directly submit them in person.

Zhou Yun would not make any mistakes in this regard; his materials were very complete.

Jiao Xiaoyan took the materials and began to read them, saying as she did, “You’re a Lawyer, right? And you’re helping someone else submit an information disclosure application?”

“Yes, I am his agent. You see, I brought the power of attorney,” Zhou Yun said casually.

Jiao Xiaoyan said nothing more and continued to read the application materials in her hand, but as she read, her expression changed.

“Wait, you’re applying for the project materials from thirteen years ago?”

Zhou Yun said naturally, “Yes, that one from thirteen years ago. Is there a problem?”

Jiao Xiaoyan put down the application form and said, “It’s not a matter of whether there’s a problem or not. It’s been over a decade, and you’re coming here to apply for disclosure?”

“Can’t I apply for disclosure if it’s been over a decade? Or do you no longer have the materials for this project?” Zhou Yun still wore a smile.

Hearing this, Jiao Xiaoyan quickly said, “Of course we have them, but this is a bit… what do you need this disclosure for? Do you know how much effort we’ll have to put in?”

Zhou Yun pointed to the power of attorney and said, “Oh, you want to know what it’s for, right? You saw my identity, didn’t you? I’m a Lawyer.”

“Your Education Bureau outsourced this project over a decade ago. Kangde Construction Company was the contractor, but in reality, my client was the actual builder, he just worked under Kangde Construction Company.”

“The work was done, but the money wasn’t received. When we looked for Kangde, Kangde said you hadn’t paid. When we looked for you, you sometimes said you paid and sometimes said you hadn’t paid and were auditing.”

“Kangde has been deregistered, and there wasn’t enough evidence in the previous lawsuit, so I can only come to you to apply for disclosure.”

“We need to clarify a few points: Was the money paid or not? If not, where exactly was it held up? And what did the audit reveal?”

“Once I know these things, I’ll be able to sue your unit for the money.”

“Now you understand, right? That’s what it’s for.”

Zhou Yun’s expression remained very sincere, and he truly was sincere, but Jiao Xiaoyan on the other side felt her scalp tingle.

She tried to adjust her emotions and said, “You come here, demand that we disclose this information, and then use this information as evidence to sue us?”

Zhou Yun smiled and nodded again: “Yes, yes, yes, your understanding is perfectly correct. That’s exactly what I plan to do.”

Jiao Xiaoyan leaned back in her chair and began to scratch her head, feeling her brain was a bit overwhelmed.

Why could this person say such a thing so righteously, and right to her face!

After ten seconds of annoyance, Jiao Xiaoyan decided to report to her leader. This was no longer a problem she could solve.

In fact, she couldn’t even issue an acceptance decision, because if you issue an acceptance decision, you must give a reply by the deadline. If you don’t, the other party will file an administrative lawsuit, and you will definitely lose.

It’s not like before; losing an administrative lawsuit now truly has consequences.

It should be noted here that the online rumors about how if you win a lawsuit and the Court rules to revoke a penalty, they will just re-impose the penalty afterward, and that administrative lawsuits are useless, are actually a bit exaggerated.

Administrative lawsuits where violations are revoked also fall into two categories.

Specific provisions are scattered throughout Article 70 and Article 71 of the Administrative Litigation Law, Article 90 of the Supreme Peoples Court’s Interpretation on Several Issues Concerning the Application of the Administrative Litigation Law, and Article 64 of the Administrative Reconsideration Law.

There are two types of administrative litigation violations: procedural violations and substantive violations.

Substantive violations go without saying; after revocation, according to regulations, the same administrative act cannot be made again based on the same facts and reasons.

However, procedural violations are different. Because after a procedural violation is revoked, the administrative agency can completely re-run the procedure and then completely legally perform the administrative act again.

It might be hard to understand, so let's give an example. Someone named Zhang San was called in one day and told that he had previously transferred money to a certain woman, and the transfer amount was a specific special number.

Zhang San stubbornly denied it, and the evidence on this side was actually insufficient.

Normally, are there cases where people are called in and detained based on chat records? Of course, there are, but it's rarely done this way.

And here, it's not just about having chat records. In the absence of a confession, a chain of evidence is also required.

What kind of evidence chain? First, the transfer number. In other cases, it was also this transfer number, and in those cases, prostitution was confirmed to exist.

Second, surveillance video. You paid this special amount, and then under surveillance, you and that woman entered a room and stayed for a certain period before coming out.

Third, the woman's testimony and confession. Many women are old hands; they confess immediately after being brought in, and then there's the identification process, all very complete.

This is already enough; generally, you won't win if you go to Court for an administrative lawsuit.

But Zhang San just wouldn't admit it, and there was no other evidence on this side, so detention shouldn't have been imposed.

However, Zhang San was very arrogant, saying something like, “If you have the guts, detain grandpa!”

As a result, Zhang San was given ten days of administrative detention. This is a substantive violation; after revocation, no further punishment can be imposed, and the person who imposed the punishment may even be disciplined.

Procedural violations are simpler. Zhang San was caught in the act of prostitution and then given fifteen days of administrative detention and a five-thousand fine.

Then Zhang San said, Article 38, Paragraph 2 of the Administrative Penalty Law stipulates: “For complex cases or major illegal acts requiring heavier administrative penalties, the head of the administrative agency shall make a decision through collective discussion.”

These fifteen days of detention were the maximum, and you decided without collective discussion. This is a procedural violation and should be revoked.

The reasoning is perfectly sound, and a lawsuit in Court can usually be won. Many Lawyers specializing in administrative penalty lawsuits now rely on this provision to win cases.

But this belongs to procedural violations. After revocation, the procedure can be re-run, and detention can still be imposed.

Lawyers make money, the Court and public security have their KPIs, and Zhang San still has to go in. How good is that?

Getting off-topic, Jiao Xiaoyan directly said, “Then please wait a moment. I’ll go report to the leader. Your situation is really difficult to handle.”

She stood up, preparing to leave, then seemed to remember something: “Oh, right, your name is… Zhou Yun? The Zhou Yun from online?”

Mr. Zhou nodded: “Yes, the Zhou Yun who was stabbed. This time, the Provincial Lawyers Association and Jiangdong University of Political Science and Law sent us down to promote legal knowledge.”

Jiao Xiaoyan said with a complex expression, “The Provincial Lawyers Association and Jiangdong University of Political Science and Law… I understand. Lawyer Zhou, please wait.”

Five minutes later, a voice sounded in another office.

“Are you sure it’s really Zhou Yun? Did he really say that?”

Jiao Xiaoyan nodded: “Director Han, it’s really like that. What do we do now?”

Director Han also felt a headache. What kind of mess was this? The key was that the other party was playing their hand so openly, making it difficult for them to respond.

“You wait a moment. I’ll call the Bureau of Justice. I remember they were the ones who received the people sent by the Provincial Lawyers Association. What’s going on? They came down and immediately caused trouble for us!”