21: Conduct administrative litigation first!

To be honest, before this, Zhou Xinyao had thought of many possible approaches.

For example, those things she had studied before, such as "aggressive violence" and "defensive violence," were the first choices when facing this type of charge.

The crime of obstructing official duties is defined in one sentence: the act of obstructing state organ personnel from performing their duties in accordance with the law by means of violence or threats.

However, there are many distinctions for violence in criminal law, such as aggressive violence and defensive violence.

It is very simple; for example, if law enforcement officers want to forcibly take me away and I feel dissatisfied, so I go up and punch him a couple of times, injuring the other party, what is this called? It is called aggressive violence.

Defensive violence, on the other hand, refers to causing injury to the other party while desperately struggling to break free from their restraints.

As for the latter, if it is truly established, it is generally possible to achieve an acquittal, but the requirements for evidence are very high.

But she simply hadn't expected that this Lawyer Zhou's defense strategy would be so bold and so unconventional!

But thinking about it carefully, it really is true; the core of the crime of obstructing official duties is the obstruction of official duties. If it doesn't even count as an official duty, then on what grounds can someone be convicted of obstructing official duties!

You have to know, this is a live broadcast!

And this Lawyer Zhou Yun could immediately provide a solution in such a short time, which is enough to demonstrate his level of competence.

This isn't some kind of vague approach, but a concrete method!

Was there prior compensation? No. Therefore, the forced demolition was definitely illegal. Since it was illegal, does it count as an official duty? Of course not. It's that simple.

Not to mention a law student like her, even a legal layman could understand this line of reasoning.

In the live broadcast room, Zhou Yun continued: "My suggestion is actually just a line of reasoning, after all, I haven't really seen those case files."

"If you have any thoughts, you can contact me via private message, and we can look at how to handle this case specifically. That's all for now, next!"

The consultation continued, and at this moment, in Dashan County, Ning City, an old man of nearly seventy was sending something on his phone.

He was the old man who had consulted Zhou Yun online earlier, named Sun Jianshe, sixty-five years old this year.

For him, the event two years ago had truly changed the fate of his entire family.

His daughter-in-law passed away early, and the father and son raised the little grandson together. But as it turned out, the rope always breaks at the thinnest point, and misfortune always finds the miserable; suddenly, his son was also locked up.

He relied on sweeping, doing odd jobs, and picking up trash to support his grandson. He had finally managed to provide for him, only for this to happen.

His grandson is now working, looking miserable every day and on the verge of depression; Sun Jianshe really had no other options.

At the age of seventy, he had put in a great deal of effort, learning from others to post the matter online, but it was useless; hardly anyone watched it at all.

No one watching meant no popularity, and without popularity, it wouldn't attract attention; without attention, the matter couldn't be resolved.

He had already been in despair, but then he accidentally discovered that viral video of Zhou Yun. Other viewers called him a genius lawyer, so Sun Jianshe clung to a last glimmer of hope and reached out to Zhou Yun.

Luckily, he was chosen by Zhou Yun.

Although he didn't understand the law, he had read many things while trying to defend his son's rights, so he felt that what Lawyer Zhou said made a lot of sense!

So he was willing to give it a try.

In the private message, Sun Jianshe followed the requirements of Lawyer Zhou Yun and took photos of the previous judgment and other documents to send over.

He hoped that this Lawyer Zhou would really be willing to help him...

Inside the live broadcast room, Zhou Yun continued to provide consultations.

At the beginning, the live broadcast was serious, but later on, it started to become unserious, with everyone asking some inexplicable questions.

Fortunately, he was experienced, and no matter what bizarre questions the other party asked, he could combine them with the law to give explanations that sounded like jokes.

"Your husband gave gifts to a female streamer, and then met in private? What do you mean by 'met in private'? This is called prostitution and soliciting, I suggest calling the police."

"It's not like your husband is that charming, right? What does the female streamer want from him? His marriage and having a kid? Or what else? How does it happen so coincidentally that they can only meet after he gifts her?"

He could rattle off various types of jokes with ease, making Zhou Xinyao giggle; this Lawyer Zhou Yun was truly an interesting person.

For Zhou Yun, this was a piece of cake; in his previous life, he was not only a top-tier lawyer but also a senior professor at the Political Science and Law University.

Every law professor is a master of jokes; there are just too many legal-type jokes.

After watching until the broadcast ended, Zhou Xinyao had an idea: she shouldn't become a lawyer, she should just study for her postgraduate entrance exam instead.

She felt she was too far behind this Lawyer Zhou; it would be better to just stay in school and do theoretical research...

At home, Zhou Yun put down his headset and started checking his private messages.

Daily live streaming was actually very tiring, but he was in the starting phase now, and this was all a necessary sacrifice.

After reading for a while, Zhou Yun saw the judgment sent by Sun Jianshe and immediately clicked on it.

After carefully reading the entire judgment, Zhou Yun finally made a decision: this case could be handled!

Although it would be quite troublesome, if this case could be successfully handled, it would be extremely popular once posted online.

Zhou Yun quickly replied to Sun Jianshe: "I have finished reading the judgment. I can take the case. As for the fee, I am a newcomer, so I can give you a base price. How about five thousand?"

He didn't directly say he would pay for him, not because he was reluctant to part with that bit of money, but because he couldn't just say he would represent him for free.

Lawyers cannot represent clients for free; this must be remembered.

Because no matter what the case is, in name, one must sign a contract with the Law Firm and have the Law Firm issue the official letter, and for every case, the Law Firm charges a management fee of ten to twenty percent.

Some unscrupulous Law Firms will charge a management fee of forty percent!

Some people would definitely be curious, what if the lawyer pays this part of the money themselves? Would that not work?

The answer is still no, because Article 10, Paragraph 8 of the "Lawyers Association Rules for Lawyer Business Promotion" explicitly stipulates that lawyers must not provide services for free or at a reduced fee.

Because that counts as unfair competition; you cannot use "no fee or low fee" to compete with other lawyers.

Therefore, even though he heard the old man say his family was very poor earlier, Zhou Yun did not proactively offer to pay the fees or anything like that.

His relationship with the Law Firm director and the Lawyers Association leaders was currently like fire and water; although he had leveraged their influence, it still wouldn't do. If he really violated the regulations, they would deal with him the moment they wanted to.

Therefore, he absolutely could not leave any relevant records.

Moreover, it was a good chance to see what kind of person the other party was. If they came right out and said, "I have no money, can you help me fight the lawsuit for free," he would just block them immediately.

It's a very simple principle: I can proactively say I'll do it for free, but you cannot open your mouth to demand I do it for free.

The moment you open your mouth, you have already started to morally kidnap me.

It's the same as online donations; donating is a favor, not a duty. I can freely choose whether to donate or not, but you cannot say things like, "I'm so miserable, and you still won't donate."

Moral kidnapping is something everyone despises!

Moreover, what he was asking for was already very, very little. Five thousand yuan was the minimum standard for criminal case fees in Jiangdong Province; for this case, if given to other lawyers, it really wouldn't be handled for less than tens of thousands of yuan.

Over there, Sun Jianshe hesitated a bit after seeing the reply, but quickly said: "Lawyer Zhou, five thousand yuan, right? No problem. How do I pay?"

He only had a little over six thousand now, and that was after living frugally for a long time; it could truly be called blood and sweat money.

But now, he was willing to take the risk!

Zhou Yun smiled immediately upon seeing this sentence; in fact, he didn't know why this old man trusted him so much.

After all, if it were an ordinary person, signing an electronic contract and transferring money to a stranger would seem unlikely no matter how you looked at it.

Since the other party trusted him, he certainly had to do the case to the best of his ability!

"No rush. Tomorrow, when I get to the Law Firm, I will give you the account. We will sign an electronic contract, and then you can just transfer the money to that account."

The next morning, Zhou Yun arrived at the Law Firm. Although he was at odds with the Law Firm director, there was a set process for taking cases, and the director couldn't say he wasn't allowed to take the case.

And now, he was very popular in the Law Firm.

Even the administrative lady in charge of paperwork suddenly felt that this little Zhou was actually quite handsome, and seemed even more handsome than before.

After signing the electronic contract, Sun Jianshe transferred the money over.

Zhou Yun immediately made a video call; the two had already added each other on WeChat yesterday.

"Hello, Grandpa Sun, I have confirmed with the finance department that the transfer is fine. I can start working on this case for you now."

Sun Jianshe nodded upon hearing this. In fact, he was also very nervous on his end, after all, his only interaction with the other party was that consultation in the live broadcast room.

So Sun Jianshe asked: "Then, Lawyer Zhou, what do we do now?"

Zhou Yun quickly said: "I need to first go to the Ning City Railway Transportation Court to file an administrative litigation!"

"administrative litigation?" Sun Jianshe was a bit puzzled.

"Yes, administrative litigation. To prove that an official duty is not an official duty, we must determine that the forced demolition act from back then was illegal, and administrative litigation is the best way to determine the illegality of an administrative act!"

"As long as we can win the administrative litigation, we can basically say that the case is half won!"

"Of course, before the administrative litigation, I need to meet with your son."