232: What is a grand narrative and what is a lawyer!

Anping City in July was already unbearably hot. Zhou Yun walked down the street wearing sunglasses, not to be cool, but because the sun was too blinding.

The Court session was scheduled for 2:30 PM this afternoon, and he wondered if the judges would feel sleepy.

Don't be surprised; all sorts of strange things happen in Court, and judges falling asleep during a session is also one of them.

After all, they are all human; just think about your own state at work, and you'll know it's the same for judges.

Sitting there listening to lawyers on both sides drone on, they inevitably get sleepy, though usually, it's not seen.

Even if lawyers saw it, it wouldn't be a big deal.

However, a few years ago, when live Court broadcasts were very popular, a certain judge fell asleep during a live broadcast... and was then recorded, held accountable, and suspended for investigation.

Therefore, due to various reasons, the number of live Court broadcasts has been decreasing recently. In the past, the Presiding Judge could decide whether to broadcast or not.

But now, it must be reported and approved, which means that slowly, it's estimated that not broadcasting Court sessions will become the norm in the future, and broadcasting will be the exception.

After all, it's something everyone can understand: from a leader's perspective, if there's no live broadcast, there's no problem, but if there's a live broadcast and even a slight issue arises, it will trigger public opinion. Do you think the leader would approve?

It's definitely better to avoid trouble; if you don't have to broadcast, then don't broadcast. Similar situations include publishing judicial documents online...

Anyway, Zhou Yun has been practicing for so long in this life that he has never seen a live Court broadcast of his own case.

Wasn't it just that some people were sent to jail on the spot? Is that why they don't allow live broadcasts?

Zhou Yun believed this was discrimination, that he was being discriminated against. No, next time he returns to Jinghai, he must talk to the Court. Why can other lawyers' cases be broadcast live, but his cannot? It's unfair!

He was babbling about upholding fairness for others, yet he himself encountered the greatest unfairness...

Lost in thought, Zhou Yun arrived at Jingke District Court. Sun Yiling was already waiting at the entrance and, seeing Zhou Yun, happily said, "Lawyer Zhou, you're here."

Her family's debts had been repaid. Although not much money was left, she felt much lighter overall.

Some people feel like a stone is weighing on their heart when they owe money, feeling uncomfortable until it's repaid.

Some people who owe money feel nothing at all, thinking, 'Why should I repay money I borrowed by my own ability?'

Anyway, for Sun Yiling, while she really wanted to receive this work-related injury compensation, it wouldn't be the end of the world if she didn't get it.

She was more open-minded now; she wasn't in debt anymore, and she certainly wouldn't starve.

Zhou Yun also smiled and said, "You're here so early. There's no need in this hot weather. Let's go in."

Leading Sun Yiling inside, Sun Yiling spoke on the way to the Court, "Lawyer Zhou, we're suing the Human Resources and Social Security Bureau now. What do you think are our chances of winning?"

"Yesterday, a staff member from the Human Resources and Social Security Bureau even called me, saying that our chances of winning this case are very low because there are clear regulations now."

At this point, Sun Yiling's mood became a little low, as it was she who had insisted on not giving up in the first place.

The doctor said the chances of survival were less than one in ten thousand, but she still refused to give up treatment, just wanting her husband to live.

As a result, a lot of money was spent, the person didn't survive, and the work-related injury claim was rejected.

Zhou Yun smiled upon hearing this and said, "Ms. Sun, it's very normal not to give up treatment in such a situation. One could say it's human nature."

"So, there's no need to be discouraged. If this makes it impossible to recognize a work-related injury, then it means there's a problem with the work-related injury regulations. The subsequent matters are what we lawyers need to handle."

"The law is rigid, but people are flexible, so there's no need to be discouraged. Just focus on the lawsuit."

Or perhaps, this is when his type of legal shark should shine. Today, he would open their eyes and let them know what it means to "set aside regulations," what it means to "mechanistic determination," and what it means to "grand narrative."

Upon arriving at the Sixth Court, Zhou Yun led Sun Yiling to the plaintiff's seat, while on the opposite side, two people were already seated at the defendant's table.

One of them was Guo Xifeng; as the person who handled the determination, he had to appear in Court.

The other was Mao Wentao, a Public Service Lawyer from the Human Resources and Social Security Bureau, a man in his thirties with a relatively relaxed expression.

Seeing Zhou Yun and Sun Yiling enter, Mao Wentao even nodded in greeting.

They also sympathized with Sun Yiling, but regulations are regulations, and they couldn't make an exception.

So, they could only go through litigation and pass the buck to the Court.

Guo Xifeng said, "Brother Mao, you see that man? It's Zhou Yun from Jinghai."

Mao Wentao nodded upon hearing this: "Of course I saw him. He has an extraordinary demeanor. I wonder what he plans to say later."

Guo Xifeng said expressionlessly, "There are no issues with the determination in this case. Even if it goes to the Supreme Peoples Court, I can still say the same. If we can break through the forty-eight-hour limit, then the regulation loses all meaning."

The two chatted casually, while Zhou Yun on the other side remained silent, quietly looking at the materials in his hand.

Soon after, the collegial panel members entered. The Presiding Judge was a woman in her thirties, which was very normal; there are many female judges in the Court now.

As for where the men who passed the exam went, there's no need to wonder; after getting in, they go to the Execution Bureau to work like oxen.

It can be said that if you, as a living man, show even the slightest inclination to go to the Execution Bureau, the Execution Bureau leaders will pull you over with lightning speed.

The formalities can be handled later; the person comes first.

If judges might be "overwhelmed," then enforcement judges face a situation of "despair."

There are too many people using tricks to avoid enforcement now.

And so, the Court session began. There was nothing much to say about the Court investigation, presentation of evidence, and cross-examination; the facts of this case were very clear.

The main dispute in the case was whether, in this case, death after eleven days of hospitalization could be considered a work-related injury.

The Presiding Judge said, "Alright, the Court investigation phase is over. Now, let's begin the Court debate. Please, the plaintiff, state your views first."

Under Sun Yiling's nervous gaze, Zhou Yun began, "I believe that although according to Article 15 of the Regulations on Work-Related Injury Insurance, death after rescue exceeding 48 hours generally cannot be recognized as a work-related injury, it should also be applied in conjunction with the specific circumstances of individual cases and the legislative spirit."

Yes, the legislative spirit!

Upon hearing this term, Guo Xifeng on the opposite side immediately frowned. This... isn't this just a work-related injury determination case? How did it involve the legislative spirit?

Zhou Yun naturally didn't pay attention to the other party and continued to speak, "Specifically in this case, I believe it should be considered a work-related injury. I will argue this from two aspects below."

"First is the legislative purpose. The Regulations on Work-Related Injury Insurance are essentially a form of social security. Their original intention is to disperse employment risks, ensure that injured workers receive timely relief, and meet basic needs for living and medical care."

It's very simple: why establish work-related injury insurance? It's to protect laborers and at the same time disperse the employment risks of employers.

So, if you usually don't pay work-related injury insurance, then if a work-related injury is recognized, you'll definitely have to compensate for it yourself.

"In this case, although Duan Liwei was declared dead after being rescued at the hospital for more than 48 hours, from the time he was sent to the hospital for rescue until he was declared dead, he remained unconscious and without autonomous breathing."

"From beginning to end, he relied on ventilators, vasopressor drugs, and other external forces beyond consciousness to maintain some vital signs. Once these devices and measures were removed, the maintained vital signs rapidly disappeared within five minutes."

"This indicates that his death was irreversible, and the hospital's continuous treatment could only delay the time of cardiopulmonary death."

"Therefore, in the absence of clear legal provisions for death determination standards, interpreting it from the legislative purpose and recognizing Duan Liwei's injury as a work-related injury not only aligns with the legislative spirit of the Regulations on Work-Related Injury Insurance, which leans towards protecting the legitimate rights and interests of laborers, but also helps to substantively resolve administrative disputes and social conflicts arising from the inability to recognize work-related injuries and obtain work-related injury insurance due to a laborer's death."

Zhou Yun's grand narrative was not just a grand narrative; it also combined the facts of the case.

What is the legal standard for death? No one can say for sure. Currently, what can be brought up is still the medical standard for death.

But in a situation where a person's breathing has stopped and they rely entirely on a ventilator to maintain some breathing, what state would you say they are in?

No one can say for sure, so if there is ambiguity, it must be interpreted from the legislative spirit.

The Regulations on Work-Related Injury Insurance are meant to favor laborers, because this is about protecting laborers.

After listening to Zhou Yun's narration, Guo Xifeng's face darkened. He felt that Zhou Yun was purely... talking nonsense with reason, which is the pure method of a legal shark.

Anyway, he just keeps bringing up a bunch of other stuff, and you can't say he's talking nonsense, because what he's saying actually makes sense.

Zhou Yun continued, "Second, this aligns with public order and good customs."

"When Duan Liwei was sent to the hospital for rescue, he had already been diagnosed with respiratory arrest, but his family did not give up on rescue within 48 hours; instead, they continued to make the greatest efforts to save his life."

"This not only reflects respect for and protection of the right to life but also fully conforms to the ethical morality advocated by the core socialist values."

That's it, Guo Xifeng didn't want to talk anymore; this guy actually brought up core socialist values again...

How could he deny it? Should he say that they shouldn't have saved him then?

At this point, Zhou Yun said casually, as if by chance:

"I must mention that the 48-hour time limit in Article 15 of the Regulations on Work-Related Injury Insurance regarding 'death after unsuccessful rescue within 48 hours' often forces families to make a very difficult choice between the risk of continued treatment not being recognized as a work-related injury and their emotions and ethics."

Huh? Guo Xifeng was stunned. Is this person crazy? He's directly criticizing the regulations in Court, saying they're problematic?

The crucial point is, who formulated these regulations? The Ministry of Human Resources and Social Security, which is the big boss above the Human Resources and Social Security Bureau...

So, the question is, what should I do when the other party is criticizing my boss in front of me?