However, Tang Fangjing also made it clear to Dong Zhifa that they had to sue quickly after obtaining the prohibition order since it's only a temporary measure.
Riding his beloved little electric scooter all the way to the Guangming District Court, and seeing the familiar filing office, he felt a sense of freedom in the air. Newest update provided by novel{f}ire.net
As soon as he entered, the staff at the ticketing machine recognized Old Tang.
"Hey, Lawyer Tang is here!"
The staff member said with a smile, although feeling a bit strange inside—wasn't Lawyer Tang just busy with something in Xihong District? Why had he come to the Guangming District Court again?
Old Tang greeted everyone with a beaming smile as he took a number. After a short wait, it was his turn, and he approached the filing office window.
"Lawyer Tang is here. What kind of case is it this time? Another administrative lawsuit? A private criminal prosecution?" the staff member inside asked with a smile.
This Lawyer Tang's cases were always unconventional, so the staff member had a deep impression of him.
"No, no, I'm here to apply for our personal rights infringement prohibition order!" Old Tang said, smiling as he handed over his materials.
Upon hearing this, the staff member was taken aback, then said, "That prohibition order is not commonly applied for, many people don't even know about it. Okay Lawyer Tang, let me do a preliminary review."
After looking at the evidence, there were no issues; everything was quite tidy, as Lawyer Tang's evidence always was.
Still his old habit, as if he was afraid others wouldn't understand, he made clear what each piece of evidence proved.
After a long wait, the staff member informed him, "Lawyer Tang, there's an issue with your prohibition order. Who is it being issued to?"
"The respondent is the other party's parent, correct, but the actual perpetrator of the infringement is their child..."
Upon hearing this Old Tang said, "The other party's child is someone with limited civil conduct capacity, right?"
"Such acts of personal rights infringement, given the other party's age and intellectual level, are not yet fully discernible, so naturally, our prohibition order should be directed at the parent, don't you think?"
The staff member struggled to grasp this, since a prohibition order should definitely be issued to the infringer.
But if the infringer has limited civil conduct capacity, then who should it be issued to? It seems that it can only be issued to the guardian.
"Lawyer Tang, please wait a moment. I need to consult with our leader."
Soon, the head of the filing office at Guangming District Court came out and said with a smile, "Lawyer Tang, come over here, let's discuss this in detail."
Director Peng was also a familiar face. The last time with the school bullying case, Old Tang had caused him to lose a bunch of hair.
But this was special treatment for a big shot lawyer. Others shouldn't even dream of it.
The two sat down on some chairs on the side, and then Director Peng began,
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"Lawyer Tang, issuing a prohibition order to a guardian is something we have never done before, and I have to admit, we really aren't sure about its feasibility..."
Old Tang replied, "I think we need to be bold and try. It hasn't been long since the Civil Code came out, we shouldn't set the scope for applying prohibition orders too rigidly."
"Have you noticed that existing laws are not very effective against underage school bullying, just like many other personal rights infringements? Post-litigation doesn't hurt much, and during that period, the other party can continue infringing rights without hindrance."
"In this case, the child is already showing mental problems—school aversion, reluctance to go to school—so it must be resolved quickly through legal means!"
"And if Guangming District Court can explore the advantages of prohibition orders for underage school bullying, when the time comes, we can publish an article, make some news, and with a report, the Supreme People's Court might even consider adopting it, right?"
Old Tang's eloquence was his greatest weapon, compared to which Pain Shielding and Resurrection Armor were just sidekicks to his verbal prowess.
Anyway, as for this matter, Old Tang felt it was necessary to be bold; laws are made to be used.
The court should actively explore the application of relevant legal provisions in practical cases. If it hasn't been done before, let us be the first!
Director Peng was persuaded. If this matter was handled well, Guangming District Court might just set a precedent!
Of course, if there were problems, it would also be a precedent...
"Lawyer Tang, you go back and wait. I'll report this to the leadership again."
Old Tang grinned like a sly fox, nodding as he watched Director Peng go back inside; the deal was virtually sealed.
He didn't plan to work overtime today. At the residential complex, Secretary Tian from the community center had already mentioned several times that he should find time to give some legal publicity sessions in the several neighborhoods below the community center.
Preferably those close to everyday life.
Actually, it would be good to educate everyone about the prohibition order.
After all, neighborhood relationships are especially important nowadays, with issues like noise disturbance, unrestrained dog walking, and so on—all with a continuous character, and personal rights cover a wide range.
According to Article 110 of the Civil Code, natural persons have rights such as the right to life, right to one's person, right to health, right to one's name, right to a portrait, right to reputation, right to honor, right to privacy, and right of freedom of marriage, among other rights.
And all these rights fall within the category of personal rights.
So theoretically speaking, if any of these rights are infringed upon, you can apply for a prohibition order.
Back in the residential complex, everything had already been arranged by the community, and there were quite a few residents waiting for him.
These days, the residents of the residential complex boasted, "Our complex is home to Lawyer Tang!"
A mountain doesn't need to be high; it's the presence of immortals that gives it spirit. That's how the Yuefu Residential Complex is now; it harbors a sense of pride among its residents because Tang Fangjing lives there.
"Hey, everyone is specially waiting for me, so let's get started. Today I'll primarily talk to you about the matters related to the personal rights prohibition order..."