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"Disputes from the beginning of 2006

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Started 10 years ago by vf3iS7Aw7S

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 "Legal person" reporter Cao Tianjian From the bottom of Henan Luohe Together with the original case is not complicated civil cases and after two court judgments in force, the court in the course of the past four years, has repeatedly defeated in, during the implementation of the judge by the debtor. "If the court to enforce the containment door "The threat of being eaten perform side guard" banned from entering the factory service execution procedures, "the cold shoulder. To intensify work in the court trying the case when the rulings, the seat of county government debtor issued a "red tape", to withdraw the application of state-owned land use permit holders, cases perform resistance consequent increased sharply. This case occurred in Henan Luohe. Both cases were Hong Kong investment Dongmei (A Ying) Panel Co.,hogan outlet sito ufficiale, Ltd. (hereinafter referred to as the East-US companies) and Luo Luohe City Department of decoration materials limited liability company (hereinafter referred to as Luo exchange company), issued a "red tape" in It is under the jurisdiction of Luohe Linying government. Since the lease contract dispute Before "October", assistant chairman Yang Hua Zhang Dongmei company once again received Linying government issued a "red tape", the symbol of this "temporary government land (2014) No. 50," the "Linying people Government's decision on recovery Dongmei (A Ying) Panel Co., Ltd. of land use rights,http://store.shopping.yahoo.co.jp/idealtime/neoms.html, "said Dongmei Linying government to withdraw the company's state-owned land use permit, because" Dongmei Company has made the state-owned land use right certificates,peuterey uomo, but accreditation program does not comply with the relevant provisions of land management laws and regulations. " October 8, Zhang Yang Hua told reporters, in fact, as early as March 20 this year, Linying government on the issue of the content of the same "temporary political Soil (2014) 17" document, East US company refused to accept before the court administrative proceedings, the court held that the administrative act applicable laws error, the program illegal, according to the law should be abolished,http://www.kkr-nagoya.jp, a decision made by the county soil specific administrative act of the provisional government (2014) on the 17th of illegal files. "Last time we did not know kick lawsuit to Linying county government issued a document on behalf of the Legislative Affairs Office did not know, and now the county has issued such a document, the purpose is to give the Executive set up the resistance, we will mention to the Court again Administrative Litigation. " Why and Luo Dongmei company exchange company disputes? Civil dispute between two private companies actually "alarmed" Linying government, so that the county government twice issued a "red tape" prevents the courts to enforce the law? Reporters learned from the local Linying, early in 1994, the Luohe Linying government investment, Hong Kong businessmen to invest 20 million yuan Zhu Zhixing incorporated East US companies. Eastern US The company mainly produces medium density fiberboard, plywood and other wood products all kinds. July 2005, due in Dongguan, Guangdong and Yunnan, many enterprises need to manage, leasing company to Henan Luo Dongmei Zhang exchange company such as management, Luo Dongmei Department of the company is a distributor company. The two sides agreed in the lease contract, Dongmei companies charge an annual 600,000 yuan rental fees, lease period of three years, due July 30, 2008. After signing the contract, Zhu will be the company's financial, administrative seal and business license be given to Luo exchange company. "Disputes from the beginning of 2006, the main cause is the lease contract signed by both parties to be identified illegal business administration department, Linying also set up a working group for coordination." Linying government offices, a staff member told reporters. Under it is reported that in August 2006, Zhu Zhixing learned Luo exchange company in unauthorized tree cutting permit has not handled the situation, secretly cut the company's 10-year-old hospital more than 200 poplar trees, the court ultimately to illegal felling of trees The Department of Luo crime sentenced employees. Zhu Zhixing also informed that in August the same year, Luo exchange company Sike "Dongmei (Xihua) Panel Co., Ltd." seal and Zhoukou Xihua contract. Luo exchange company still online publication of false advertising, the US company said the East is its subsidiary factory. September 22, 2006 and November 10, east of Luohe City of Industry, the business license of the US company will be rented to illegal use of Luo exchange company and signed a lease contract, and Luo Dongmei Department of the company business license holders to carry out business activities in violation of Company Registration Regulations, has on the company and Luo Dongmei Department of the company issued the penalty decision, and ordered to correct violations,http://forum.ea3w.com/?mod=spacecp&ac=blog&blogid=, fined 30,000 yuan. Luo Department of corporate defaults, particularly illicit behavior leasing company to be punished, so Zhu Zhixing have to consider lifting the company's contract with the Department of Luo. October 31, 2006, Zhu Zhixing led some employees to find a negotiated Luo exchange company to recover the factory thing, the two sides dispute, staff cut off the power plant, smashed the glass factory. November 10, Zhang such as looking for the 80 people broke into the factory. "Unity to the people wearing white gloves, wear white shoes." Linying who work in the factory town Qu Du Village Zhang Liming Zhang Gang told reporters. Conflict led to the factory stopped production, a number of workers were injured. Zhang Liming confirmed to reporters that the village has three people were wounded Zhang as people, "as Zhang's wife later gave medical expenses." He said. Investors into a "Wanted" This reporter has learned, after the October 2006, to coordinate the company and Luo Dongmei Department's dispute, Linying Xianzhengfawei specially set up by the secretary of the head of the working group, the Working Group initially let companies own consultations solve, due to the two sides could not agree, the Working Group recommended that the two sides fought a civil lawsuit by the court to decide. Zhang Yang Hua told reporters, see the company's efforts to recover difficult to achieve, Zhu Zhixing lawyer to prepare a lawsuit in the same time, the Henan Provincial petition. Police "was seeing on the Spring Festival, Zhu Zhixing is Zhengzhou petition, Politics and Law Committee Linying Linying call about his return to negotiation to solve the problem, Zhu Du Qu town government arrived, I was waiting here for 'on the spot to win', announced its alleged mob to disturb social order and crime criminal detention, while being taken away as well Dongmei's six employees. "Zhang Yang Hua said. Legitimate claim to recover the plant did not realize that he also became a mob to disturb social order of "suspects", the results let Zhu Zhixing tears. Therefore, when coincides with the Spring Festival, Zhu Zhixing etc. each paid 10,000 yuan deposit do bail formalities, Zhu Zhixing return to Hong Kong, since then, not a half step into the mainland. After Zhu was wanted by the police, justice of the four employees were Linying Court of First Instance convicted mob to disturb social order. Finally, in Luohe City Intermediate People's Court twice unclear facts, insufficient evidence remand, the court Linying these four employees to disrupt the production of crime guilty verdict. It is understood that had planned to invest in a 85 million yuan of industrial projects in Luohe City, it has been and Luohe City Department of Industry and Trade Park MC sources to sign an investment agreement, and by the Henan Provincial Development and Reform Commission project, but to make this plan Linying event naught. Court return to factory July 2008, the lease contract expires after the two sides, who are charged with because "was wanted suspects" in the name can not go to the mainland, then go Linying receiving corporate lawyer, but was Luo Department legal representative refuses Zhang, Zhang put forward as special "I personally must Zhu Zhixing recycling business." "Zhu Zhixing to not knowing the mainland has asked himself 'recycling business face to face', which can be seen as Zhang did not intend to return, which is downright 'dove over the magpie's nest'." Zhang Yang Hua said. Prior to that, because the company refused to return the factory Luo exchange, plant and equipment, Dongmei company to Linying court, requesting the court ruling according to law, Luo exchange company returned to East US company factory, plant and equipment, pay rent and Dongmei Company use fees. But Luo Dongmei Department holds the company seal,http://cand.qee.jp/link_p/apeboard_plus.cgi?command=viewres&target/, it does not agree to seal the indictment, the court can not Linying filing. East US company turned Luohe City Intermediate People's Court filed a suit and explained the situation, Luohe be filed in the Court. August 2, 2010, after several twists and turns, Luohe City Intermediate People's Court of first instance verdict, decree Luo Department of the company within 10 days after the entry into force of the decision to return East US company listed productive plant, the plant and "Inventory Report Form" Fixed Assets and non-productive fixed assets; East US companies pay rents and royalties 134 million yuan (calculated up to March 24, 2010). Luo Department of the company refused to accept the appeal, November 16, 2010, Henan Province Higher People's Court of Final Appeal ruling rejected the appeal and upheld the conviction. In this case, the lease contract expires from both sides have been in the past two years and four months. But then it happened more cause for regret, this late decision, the court executed nearly four years, so far without result. Court execution "not ideal" Reporters interview, Luohe Court Judge Wu execution of a court boning told reporters, in recent years, the Court for the implementation of the case under a lot of effort, "but the effect is not ideal." December 11, 2010, due to Luo exchange company in court to determine the entry into force of the judgment is not fulfilling its obligations, East US company to Luohe Court for enforcement. In this case, the debtor company's legal representative Zhang Luo Department as the wife of Guo Xiaoping came forward to submit an application to the court stay of execution. Guo is the Luohe City CPPCC members,http://eiga.yokkaichi.org/sunbbs2/sunbbs.cgi?mode=form&no=1939&page=, general manager Luo Department. The reason is that Luo Dongmei Department sued the company to pay liquidated damages and loss of 2.06 million yuan compensation for breach of a court case has been submitted Linying, Luohe exchange company may exercise the right to offset after successful cases; Luo exchange company to add value during the lease 1,260,000 Yuan machinery and equipment disposed of, in the verdict did not determine. In response, Luohe Court: the applicant for enforcement is based on a legally effective judgment to the court for enforcement, apply for a stay of execution required statutory subject matter. Luo said the Department of companies to apply during the lease value of 1.26 million yuan to add equipment, applying for enforcement if approved, how to deal with, both sides need to appear in court negotiation. March 2011, notify the parties to appear in court in the hospital Luohe consultations Luo Department attorney to appear in court later said that a criminal case has been tried, tort and additional Dongmei Company has submitted an application for the defendant's court, "because of the result of the case the case is directly linked to "and therefore apply for a stay of execution again. Luo exchange for the company said during the lease value of 1.26 million yuan to add the equipment how to deal with the problem, Dongmei company agent proposed by the debtor split away but also payable when the original transfer of machinery and equipment. It is reported that the above-mentioned tort cases Linying court of first instance verdict, Luohe Court and remanded retrial after the current has not been concluded. In May 2011, due to Luo exchange companies expressed their willingness to reconciliation, but has not appeared in court Luohe Guo Xiaoping in the hospital phone call to appear in court to determine the time, the court will be required to submit financial disclosure statements served faithfully fill court, rejected Guo . To promote Luo exchange company to satisfy the judgment as soon as the first item, July 11, 2011, Luohe Court decided to convene once again the case through mutual consultation, Luo exchange company to serve the relevant procedures. Luohe city court to carry out the day to coincide with "the implementation of Open Week" the first day, Luohe Court, led by the Executive Secretary, he has invited more than Municipal People's Congress and CPPCC members, Municipal Committee and other departments of the law enforcement supervisor activities supervision and guidance, accompanied by local news media. Road contact Executive Guo Xiaoping, Guo said he can not back something in Luohe, will inform the account collected by the security guard. But when a pedestrian entrance to the eastern United States and the company plant rental company Linying Luo exchange, security not only refused to accept the procedure, and prohibit execution officer to enter the factory service. Run the judge then contact Guo, the two phones are off. After several court staff communicate unreasonable invalid, executives had to instruments indwelling company janitor, when Luo exchange company security officers actually forced pushing executives and rejected again. This reporter has learned,http://apps.su/program/56928/testvma-vameval.html, after the exchange company to A Ying Luo Dongmei sued the company to pay liquidated damages and loss of 2.06 million yuan compensation for breach of contract case, the first trial both parties refused to accept an appeal, the Court ruled that remand Luohe, Linying court again After the hearing, so far without result. November 6, 2013, the company has sued the Department of Luo Dongmei rental company to return 450,000 yuan, 600,000 yuan to pay liquidated damages,Piumini moncle, Linying court hearing, has not made the decision. "Deliberate delaying tactics, skirted the law, the purpose is to continue to occupy the enterprise, court enforcement weak, given their opportunity." A local legal professionals familiar with the matter told reporters the case. County twice during the execution of the court issued Reporters learned in the interview, so the case stalled execution, the application executor East US company repeatedly complained to the Luohe Municipal Committee and other departments, Luohe Municipal Committee, Political Committee Secretary Hu had given instructions to the court handling the case according to the law fair . Just when East US company and others waiting for the final results of the implementation of the case, something unexpected happened. March 20, 2014, Linying government issued a "red tape" that earlier "temporary government land (2014) on the 17th," Document, decided to withdraw the US company located Linying Ying Tung Tsing Road west north State-owned land use rights, and the abolition of the land owned land use right certificates. East US company refused to accept the decision,http://211.86.128.2/gjjl/Review.asp?NewsID=595, filed an administrative lawsuit to the court. East US company proposed in 1996 Linying Land and Housing Authority issued to its state-owned land use permit, approval authority for the allocation, use is industrial land, according to the state industrial land use period of 50 years, accused the plaintiff of land use Term plaintiff under the legal age to recover the land use rights does not meet legal requirements. The plaintiff in the land has more than 3,600 square meters plant, with six real estate license, registration for the Hong Kong, Macao and Taiwan do not yield investment, land use right to recover the defendant, the plaintiff's property will lose the basis of existence. Plaintiff company a lease contract with the Department of Luo dispute, triggered criminal and civil cases,moncler femme, the plaintiff's business has not recovered, the Court is to enforce them, the defendants in this case the plaintiff's land use rights, the enterprise will not develop. Linying government respondent said, according to the project East US company signed investment agreement with the county conventions, Dongmei company's operating period and term of the contract signed by both parties for 15 years, this agreement had expired in 2009, followed by the East US companies have never negotiated with the county government continues, and therefore, the company no longer enjoyed Dongmei state-owned land use rights. August 1, 2014, Luohe City Intermediate People's Court after hearing that the main evidence insufficient Linying government make "temporary government land (2014) on the 17th," the file, error of law, cancellation of land use rights of US companies involved in the East vital interests, which should be fully heard before making a decision to recover Dongmei's defense made a statement, but it did not inform the company of the right Dongmei, Dongmei's statement also did not listen to the views of defense, in violation of procedure, according to the law should be abolished verdict Linying government to make "provisional government land (2014) 17" document March 20, 2014 of the specific administrative act as illegal. According to the reporter, in the case proceedings, Linying government itself withdrew this decision,http://www.spansion.com, "temporary government land (2014) on the 17th" File repealed. But then,barbour paris, on August 10, Linying government issued a US company to recover the land east of "temporary political Soil (2014) No. 50," file again. So, whether Linying government issued two "official documents" after the county government legal departments to review it? In Linying government Legislative Affairs Office, Room Liao Wei, director told reporters that the county government issued a "red tape" will certainly have to go through the Government Office of Legislative Affairs for review. The reporter asked him to show his Office of Legislative Affairs to review comments and related handling procedures, but after nearly two hours of waiting, room director only brought a signing authority will issue a document, "which is to review the comments," Liao Wei said room. Reporters during Linying, many companies understand the situation of those disputes questioned in an interview with reporters: Linying government issued two "red tape" involved in the land to recover, in the end is that the government made a collective study a decision or individuals to take advantage of the government's public power to achieve personal goals? 

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