Me! A disgraced celebrity! Starting by seeking justice for impoverished students.
Chapter 110: Lawyers Assisting Malicious Infringement?
Jiang Chen's argument was powerful and resounding.
Every statement is logical, well-founded, legal, and compliant.
It's flawless!
"in addition……"
Suddenly, Jiang Chen changed the subject, and his tone became even more sharp.
"The plaintiff's presumption of our malicious intent based on the grounds of 'cutting off profit sharing and harming the woman's interests' is logically untenable!"
After explaining himself, Jiang Chen was ready to fight back!
"This equity transfer is an equivalent exchange transaction. After our party transferred the equity, we received the full amount of the equity transfer payment."
"The proceeds from this transaction remain marital property, to be jointly owned and divided by both spouses!"
As Zhou Yan listened to Jiang Chen's account, his expression grew increasingly grim.
Although Jiang Chen had previously waived the period for presenting evidence, he had made a lot of preparations for this lawsuit!
I thought I could catch them off guard, but I didn't expect them to be just as well-prepared!
In conclusion, Jiang Chen offered an explanation.
"Simply put, our client simply legally converted 'equity assets' into 'cash assets,' thus changing the form of the assets."
"But the total amount of the couple's joint property has not decreased, has not been concealed, has not been transferred, and has not infringed upon the plaintiff's rights in the slightest. How can there be any claim of malicious transfer or concealment of property?"
After listening to Jiang Chen's description, the three people on the judge's bench nodded slightly.
Once you understand Jiang Chen's logic, then his purpose in doing so becomes legal and compliant.
Realizing that the situation was getting worse, Zhou Yan's face turned completely grim.
He hastily interjected, "Asset swaps are still a means to circumvent the woman's right to a share of the profits!"
"The timing of the transaction coincided with a period of heightened marital conflict between the two parties, making their malicious intent blatantly obvious!"
Jiang Chen remained calm and composed, launching a counterattack as he turned his gaze toward the judge's bench.
"Your Honor, civil trials should be based on objective facts and lawful conduct, not on the plaintiff's subjective speculation or presumption of time."
The presiding judge nodded.
After all, during the course of marital conflict, it is every citizen's legitimate civil right to make compliant and optimal allocations of their legal assets.
Legitimate asset planning is not the same as malicious transfer of assets!
Zhou Yan's heart had already turned cold.
What's going on?
Why does it feel like the judge is on Jiang Chen's side?
Jiang Chen's gaze then turned to Zhou Yan.
"The plaintiff, relying solely on a coincidence in timing, forcibly branded a legitimate commercial transaction as an act of marital tort, which is a typical case of subjective attribution of guilt!"
"This is completely inconsistent with the application premise of Article 1092 of the Civil Code."
"This law regulates illegal acts such as gratuitous transfer, concealment, squandering, and malicious misappropriation, not our equivalent, genuine, and compliant asset transaction!"
Zhou Yan clenched his fist.
The most important set of evidence was thus easily dismantled by Jiang Chen.
"In summary, the first set of evidence submitted by the plaintiff deliberately concealed the true transaction price, confused legal concepts, presumed malicious intent, had an incomplete chain of evidence, and failed to achieve its intended purpose!"
"He cannot prove that my client maliciously transferred marital property; therefore, we respectfully request the panel of judges not to accept his testimony in accordance with the law!"
Jiang Chen completely reversed what was originally a secure situation!
Zhou Yan's previous momentum has completely vanished. He never expected that as the plaintiff, he would be caught in a passive stalemate!
The presiding judge nodded slightly, his gaze falling on Zhou Yan.
"Plaintiff's attorney, do you have any new comments regarding the supplementary evidence submitted by the defendant?"
Zhou Yan's Adam's apple bobbed, and his face turned a mixture of pale and bluish-white.
Jiang Chen has submitted complete evidence of the equity transfer transaction records and agreement.
He knew it just as well.
The fact that the consideration was genuine and the flow of funds was complete indicates that the assets were merely exchanged in form and were not reduced.
Jiang Chen's evidence is flawless and his argument is impeccable. If he tries to refute it further, it will only appear as sophistry and a deliberate distortion of the facts.
It even left a bad impression on the presiding judge!
After a two-second standoff, Zhou Yan gritted his teeth, lowered his head, and spoke in a dry and weak tone.
"well……"
"Your Honor, the plaintiff has no new arguments for cross-examination."
Upon hearing this, Su Wan, who was sitting to the side, became somewhat anxious.
She didn't dare to speak directly, but kept urging him with her eyes.
If this continues, won't she end up with almost no money?
Su Wan quietly approached Zhou Yan and spoke softly.
"Attorney Zhou, we agreed beforehand that if this case goes well, you'll get a substantial share..."
Zhou Yan's expression froze for a moment, then he nodded.
In the first round of evidence presentation and cross-examination, Jiang Chen had the upper hand.
But that doesn't mean he's already won!
The intense atmosphere made viewers in the live stream feel the tension!
[It feels like watching a match; the score is really close!]
Despite their evenly matched strength, Jiang Chen actually has the advantage!
[That's right, Jiang Chen is the defendant, yet he still managed to gain the upper hand in the first round of evidence presentation and cross-examination!]
Jiang Chen's litigious skills, if described in four words, would be... beyond doubt!
You can always trust Jiang Chen!
"After preliminary verification, the court found that the evidence of consideration submitted by the defendant was authentic and valid, while the plaintiff's first set of evidence was insufficient to prove its purpose."
The presiding judge nodded slightly and began to speak slowly.
"The court did not accept his claim of 'malicious transfer of marital property'."
Now, the situation has slightly reversed.
Zhou Yan then spoke.
"Presiding Judge, Judges."
"While our first set of evidence is controversial, our core legal arguments have not collapsed!"
He quickly switched his main attack, unleashing a second, deadly set of logic that he had prepared long ago.
This is a logic that can pinpoint the opponent's position and leave them with no room for rebuttal!
"Even if the equity transfer was an equivalent transaction and did not constitute a malicious transfer of assets, the opposing party's agent deliberately and artificially lowered the defendant Cheng Ye's book salary, maliciously creating the false appearance of inability to pay, thereby evading the statutory obligation of marital support and maliciously infringing upon the woman's right to survival!"
"This evidence is irrefutable and undeniable!"
Zhou Yan speaks very quickly, and after putting forward this point of view, he has regained his footing.
"The mutual support obligation between spouses is a legally mandated obligation explicitly stipulated in the Civil Code, and it cannot be exempted due to the parties' own actions or plans!"
"The defendant, Cheng Ye, originally had a high and stable income, but after the marital conflict erupted, with the professional planning and assistance of the defendant's lawyer, Jiang Chen, he deliberately reduced his reported salary from hundreds of thousands of yuan to two thousand yuan per month!"
"This is not a business adjustment; it's a purely deliberate, subjective attempt to reduce salaries, weaken the company's ability to pay, and maliciously evade legal obligations to support dependents!"
His target is not only Cheng Ye, but also Jiang Chen!
"The entire scheme of maliciously reducing wages and evading support obligations was planned and implemented under the professional guidance of the defendant, Jiang Chen!"
"As a practicing lawyer, Jiang Chen, knowing that his client could circumvent legal obligations and infringe upon the rights of others through subjective manipulation, still actively designed, assisted, and implemented the entire infringement scheme. This is a typical case of a lawyer assisting in malicious infringement and abusing his legal service authority!"
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