Day in court « DavidCadogan.ca Forums

DavidCadogan.ca Forums » DavidCadogan.ca

Day in court

(1 post)

Started 10 years ago by yhslg3097

Tags:

yhslg3097
Member

Xiao Du party holding the court mediation, forensic submissions and prosecutors filing decision. She told reporters Hui correspondent Liang Dongshe Movies: Reporter Chen Yong A debt dispute within the family, but it leads to strange mediation, but produce Wuhan's first protest against cases of civil mediation. After the Lake District, Wuhan riverbank stone piers Maarten (a pseudonym), was indicted last year, three of her sister, asking them and his wife Du Xiao (a pseudonym) jointly repay the loan 104 million yuan. Under the auspices of the court mediation agreement reached soon, Xiao Du Maarten and sign an agreement to repay, will own the plant was placed sister. Mediation may seem calm and debt, but hidden many "mystery." Because the sign on the mediation, Xiao Du is a mental patient limit civil capacity. To this end,http://marandy.foyer.be/spip.php?article2161, Xiao Du and his family believe that behind this lawsuit from the debt, is jointly owned property in order to transfer Maarten "Setting the bureau." Recently, in respect of civil mediation, Wuhan City Procuratorate filed a protest to the Wuhan City Intermediate People's Court. This is also the country in March this year for the first time explicitly prosecution of civil rights protest after mediation cases, Wuhan first attempt. Debt lawsuit mediation Party have opinions Last January 29, riverbank District People's Court, within the family caused three cases of debt lawsuit settlement agreement signed under the auspices of the judge. The plaintiff is the three sisters, who at the end of October 2009 to the court along with his brother, sister, in 2005, who lives in the lake after the riverbank stone pier brother Maarten (a pseudonym) to the three sisters borrowing 550,000 yuan, respectively, 140,000 yuan and 120,000 yuan. The repayment commitments in 2008, but so far in arrears, and now requires brother couple together 104 million yuan to repay principal and interest. Day in court, Maarten readily Renzhang, the subsequent formation of mediation under the auspices of the court, says Maarten couple agrees to reimburse all debt within a certain period, Maarten and his wife Xiao Du eleven signed three mediation. In accordance with the outcome of the mediation, Maarten couple of principal and interest shall be paid three sisters in the year February 13 one-time 104 million yuan. Year in April, because the couple failed to repay Maarten, the court issued a notice of enforcement, enforcement of a settlement agreement reached Maarten immediately and three sisters: will own more than 1,400 square meters plant to 700 yuan per square meter was placed under the three sister all. The thing that has thus concluded, the strange is that shortly after the signing of mediation, Xiao Du party on the "change your mind" was. Afterwards intervention riverbank District Prosecutor investigating the case, he said the day of signing mediation, Xiao Du in court crying, incontinence. Subsequent April 13, coincided with the implementation of the case, Xiao Du even once fainted. Weakened ability to identify when signing According to the prosecutor to apply for protest "When I sign onset, and I am suffering from intermittent mental illness." The end of September this year, Xiao Du accompanied by his family and lawyers to meet with reporters. At this point, her mother has been used as an agent on mediation to the riverbank District Prosecutor's Office to apply for protest. This year 40-year-old Xiao Du told reporters, she married 19-year-old Maarten, first husband built over the years by owners rent, and then use the money earned to build factories, now rely on rental buildings and factories, at least be able to receive 500,000 yuan annual rent . Xiao Du, said: "I've never heard Guzi who lend to Martens, until the day before to go to court, he suddenly told me to be sued a." Xiao Du suspect, the husband alleged debt is false, the opportunity to transfer the real purpose of marriage is the common property. "Since 2004, we have feelings on the problem, but now have been estranged since marriage depression, I gradually mental problems, in 2009 the hospital was diagnosed as hysterical psychosis." Last April shortly after the execution,http://www.0996fang.com/bbs/home.php?mod=space&uid=44109, Xiao Du handheld diagnostic medical records to the hospital in Wuhan City Intermediate People's Court for retrial. The reason is that he signed a mediation agreement intermittently psychotic episode as a limited civil capacity or signature is invalid. Last July, the Wuhan City Intermediate People's Court hearing that the incidence of hospital medical records can not prove dawn when Du signature, and there is no evidence that collusion three sisters fact fictitious loan to divert jointly owned property, be rejected. Since then, Xiao Du's mother to the riverbank district court for a declaration Xiao Du to limit civil capacity, riverbank district court will be entrusted to a psychiatric hospital in Wuhan Xiao Du for Forensic Sciences. Reporters saw, testimonials, said Xiao Du "when signing the agreement on emotion, there is a narrowing of the scope of sexual awareness, the ability to identify substantial weakening, it is time to assess its signature limited civil capacity." Last September, the riverbank district court pursuant to the judgment, declaring Xiao Du as limiting the capacity for civil conduct. End lawsuit mediation execution A year later her husband filed for divorce In signing the mediation agreement and the implementation of more than a year later, on April 25 this year, Maarten riverbank district court to sue for divorce and requested the division of common property. This makes Xiao Du debt Maarten finds more fake transfer common property is true. This reporter saw the divorce petition called "character is not married and both sides, often trivial quarrel during marriage, the plaintiff (ie Maarten) for the life of the debt to others, heavily in debt, has so far failed to pay off, since January 2009 Separated since the beginning, it is now the feelings of both has been completely broken. " But this was not supported by the demands of divorce court. Faced with a reporter's question when the wife's share of doubts, Maarten denied. He explained that early in order to make the plant sisters borrowed a lot of money, wanted to repay private, but Xiao Du did not agree, so just let her sisters on the court. "The only way to make her agree to pay back the money." Maarten said he knows first filed for divorce court judge will not leave,http://www.24jq.com/home.php?mod=spacecp&ac=blog&blogid=, it's just for a second prosecution to prepare, so it says, "debt",http://www.lhlxyx.com/bbs/forum.php?mod=viewthread&tid=46989,scarpe hogan, so pay less legal fees. Maarten said Xiao Du often go out, regardless of the home, which leads to alienation of mutual affection. In addition, he suffers from mental illness Xiao Du skeptical, "I go with her to see the doctor, he only said she wanted more." Signature is not true intention Procuratorate official protest filed August 20 this year, armed with judicial identification book and riverbank district court declared it to limit civil capacity of judgment, Xiao Du under the custody of his family to the riverbank District Prosecutor's Office to apply for protest. "A mental patient mediation agreement signed in violation of the principle of voluntary and legitimate." GONG lawyer pointed star on the application written protest, Xiao Du limitation capacity for civil conduct,http://www.88822.com/#03666/read.php?tid=980, the court did not notify its legal representatives to participate in the proceedings in accordance with law or legal proxy consent I agree. And Xiao Du individual does not have the capacity to express the true meaning, so even signed the agreement, nor is it the true meaning of representation. September 13,http://usr.cc/home.php?mod=spacecp&ac=blog&blogid=, riverbank District Prosecutor's Office after examination drew protest from Wuhan City People's Procuratorate. The day before yesterday, the reporter learned that Wuhan City Intermediate People's Court of Wuhan City Procuratorate has filed a formal protest. On motion of protest, said Xiao Du at the time of signature of limited capacity, which can not be serious consequences for their own independent judgment on the behavior of mediation brought about the signing, and the legal representative afterwards Du Xiao did not endorse its signature behavior . Therefore, Xiao Du signature behavior was beyond her health permitted capacity of judgment, does not represent its true meaning. It is understood that in March this year,http://www.1998hk.com/upload/forum.php?mod=viewthread&tid=2354227, the Supreme Procuratorate and the Supreme jointly issued the "Opinions on exercise legal supervision over the civil proceedings and administrative proceedings (Trial)", the first clear the prosecution can then mediation cases filed protest, which is in Wuhan City, the first Batch was drawn to the protest of civil mediation cases. Legal experts: role model,doudoune moncler soldes, but the prosecution to be cautious "Before this, there were few national protest on civil mediation cases of cases." Wuhan University Professor of Jurisprudence and professor of civil and commercial law Zhongnan University Changhua Ma said that China's Civil Procedure Law clearly stipulates only Procuratorate effective judgment and ruling may lodge a protest, the protest for civil mediation has not been clearly defined. Until 1999, the supreme law in a reply clearly states that civil mediation Procuratorate to lodge a protest, the people's court shall not be accepted, since mediation cases civil protest shut the door. Changhua Ma explained that the reasons for doing so are voluntary mediation agreement,piumini woolrich sito ufficiale, under legitimate circumstances to develop, according to the principles of civil law legislation, "autonomy", the legal experts in the past has been advocating on behalf of the public authority's Procuratorate intervention to mediation cases cautious. Of course, this does not mean that there is no relief ways, such party may apply to the superior court for retrial, or apply for judicial prosecutors issued a recommendation to the court for retrial. But with the mediation become an important way of court trial activities, problems encountered in actual operation, more and more,moncler pas cher, this prompted two high judicial interpretation proposed release prosecutors may lodge a protest civil mediation. "This is a good thing for the people, Wuhan attempt to protest civil mediation, there is a positive role model. But because of the public power representatives, the prosecution decided to protest civil mediation,woolrich outlet, but also cautious." Ma Changhua said that currently, justice Strict interpretation of the provisions of protest premise as "mediation harm national interests, public interests,http://grand-lome.org/spip.php?article33," so he thinks the case better suited to the emergence of new evidence on the grounds to the Wuhan City Intermediate People's Court for retrial, or by the Prosecution to the City Court issued judicial retrial Suggest. In this regard, people line the riverbank district procuratorate chief Yao Jun marked told reporters that after the publication of judicial interpretation, the national law system has been the subject of organizational learning, internal unity that the actual operating range than the predetermined file on to broad judicial interpretation of more significance is official "ban" the right to protest civil mediation cases. Share: welcome to comment I want to comment Microblogging Recommended | today's hot microblogging 

Posted 10 years ago #

RSS feed for this topic

Reply

You must log in to post.