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evidence collection is different

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Started 10 years ago by ujdey86861

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ujdey86861
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 Pile simple civil cases 13 years ago, because Shanwei Intermediate People's Court on suspicion of illegal auction, causing between local courts and prosecutors around the auction if valid, whether illegal disposal of state-owned assets and other issues still outstanding for up to eight years of "confrontation" but also to become a billionaire by the parties Pengcheng Zhong running around, pinch-old petition households. & Nbsp; & nbsp; & nbsp; & nbsp; Although the case has attracted enough attention --- Shanwei Municipal Committee requirements, "according to the error correction," the Guangdong Provincial High Court last year, will supervise the implementation of the case as the case of the provincial Supreme Procuratorate and the Supreme People's Procuratorate also --- but he has expressed concern about business as usual. Shanwei Intermediate People's Court told the media explained: "History is too long, too complicated reasons, involved parties, involving many departments, large ......" Haifeng was the landmark of Yee Fung Building, now turned into residential flats. Most of the time constraints, both man and the company has only a thousand or so. If that harvest, it touches Pengcheng Zhong became a half of legal experts. More than ten years of ups and downs of life and well-being state of the world, condensed into piles of information and a sealed petition letter, there is a sigh, "a bitter tears Full of ridiculous statement," he said. As Lao Feng Haifeng Shanwei Industrial Trade Company's legal representative, Pengcheng Zhong billionaire who is not only a local open housing first person,canada goose femme, the first hotel also has a local. In 1993, the company and the labor Feng Haifeng telecommunications, postal two innings signed an agreement to build 10 housing a total of 26 sets. In 1999, due to the abundance of labor according to the agreement the company failed to deliver houses, two Bureau which sued Shanwei City Court. 2000, Shanwei Intermediate People's Court made the first instance verdict, ruling Labour Feng returned two innings mortgage company 12.5 million yuan, the relevant payment balance, a total of about 11 million yuan. August 2002, the Guangdong Provincial High Court of Final Appeal ruling, upheld the conviction. Thereafter, telecommunications, postal two innings for enforcement. Is simply awful civil cases in the next ten years, life has changed Pengcheng Zhong. Real estate auction heavy doubts Case execution, Shanwei City Court in 1999 has abundance of labor were seized real estate companies, including 10 of 26 sets of real estate, a dormitory, Yee Fung Building and ancillary land totaling 6612 square meters of land use rights. After the assessment, commissioned Haifeng auction house. After three unsold, November 22, 2002, held its fourth auction Haifeng auction. A week later, Pengcheng Zhong received (2002), No. 090 Executive word Shanwei Intermediate People's Court ruled that the hospital served, ruled 26 suites and ancillary facilities for 4.65 million yuan by the other 26 people competing. Pengcheng Zhong finds that the fourth auction doubts. He said that afternoon to reach their own auction site on time, "from 14:15 to 5:45, and I line 3 and the auctioneer Zheng Guangyao, Chen Hong and silver tea and chat together, there was no one bidder to the auction site to participate auction. " In addition, the ruling said the book purchase price 4.65 million yuan and assets appraisal firm assessment of price 7,568,000 yuan also a huge difference. Received a ruling that day,http://shanhou.net/home.php?mod=space&uid=170494, Pengcheng Zhong Shanwei City Court on the objection, but did not receive a response. Shanwei Intermediate People's Court also issued separately to Haifeng Construction Bureau, Land Bureau assist in the implementation of the notice, asked the two departments with the sale of real estate ownership transfer to the other 26 people name. Executive wrong bicameral fight March 25, 2004, Peng Chengzhong on Shanwei Intermediate People's Court ruled that the auction of objections, appeals to Shanwei City Procuratorate. He could not be expected, this paper caused complaints Shanwei Shanwei Intermediate People's Court and Procuratorate up to 8 years of "confrontation." August 20 that year, Shanwei's Procuratorate issued a proposal to the Shanwei Intermediate People's Court. Recommendations said that after the review found that the final auction competing bidders who do not have qualifications, auction target range far beyond the subject of civil cases, and the auction house staff were also bought by the auction house set. Accordingly, Shanwei Procuratorate complete denial "auctions valid," suggesting Shanwei Intermediate People's Court to be corrected. A month later, Shanwei Intermediate People's Court in reply to respond to all of the above issues, insist that the auction valid. At this point, both houses of the book to the letter seems to have come to an end. After a lapse of five years, the "House of the dispute" renewed turmoil. May 19, 2009, took the initiative to Shanwei Shanwei Intermediate People's Procuratorate letter, that the other side did not respond to the results, resulting in the implementation of the five years since the case is in a suspended state. Shanwei Procuratorate not "polite" reply, said, "There is no legislation to deal with court documents procuratorate procuratorate response to the recommendations to be answered." Moreover, Shanwei Procuratorate put more evidence, Shanwei Intermediate People's Court rejected the excuse last reply, a second proposal in the hospital to correct errors execution. This time, Shanwei Procuratorate prevailed. Shanwei Intermediate People's Court when he was president Chen Sun recognize letters saying May 19, 2009 issued by mistake and begged to take back the letter. Third "battle" ensued. May 18, 2010, Shanwei Procuratorate reported to Shanwei Municipal Committee review of the case, the court directed the investigators Shanwei dereliction of duty, again proposed hospital "seize the self-correcting." A few months later,hogan rebel, Shanwei Intermediate People's Court reported an implementation program on the dispute. Program, said the hospital review board after discussion, decided to cancel the auction and auction confirmation ruling held that the law ruled that 26 housing units by the company's own labor abundance auction. Although the implementation of the program to give the case the parties agree, but does not agree Shanwei Procuratorate. The reason is that the implementation of the program and there is a huge gap between the actual implementation, Shanwei Intermediate People's Court of the fact that there has been no illegal auction corrected. Thus, the lawsuit ran aground again. Disputes Unsolved suffered another seizure Eight years, both houses of "Commander" locked in, but double whammy. Following the 1999 first seizure, March 21, 2006, Shanwei Intermediate People's Court once again seized the located Haifeng Sea town of loess ridge road through the city was built next to the bus station 3837 square meters of land use rights; April 2007 17, Peng total 1238 square meters under the name of two pieces of land and buildings on the ground is appended seized. "Shanwei Intermediate People's Court repeatedly seized real estate value in accordance with the then evaluate the company's assessment, has more than 40 million, up to now, the value of 1 billion yuan, far exceeding the court requires payment of 11 million yuan." Pengcheng Zhong said it was obvious excessive seizure, he has violated the "People's Court Civil Court on the implementation of the seizure, seizure, freezing of assets." Pengcheng Zhong believes that the seizure incident in fact, is the substance of the petition, he continued to fight back,http://www.postyourflasher.com, not only brought him a direct loss of thousands of yuan,http://twcuisine.info/viewthread.php?tid=77514&extra=, also made his reputation battered industry. Because this lawsuit, this was the largest local private entrepreneurs suddenly become destitute. "The most time-strapped entire company is only 1000 yuan funds. A friend of mine came, the money can only buy a bottle of wine, even to eat to be owed." Pengcheng Zhong wanted to find someone to borrow money to maintain household spending and company operation,http://bbs.zgyew.com/home.php?mod=space&uid=20580, but Many people say: "Lao Peng die, can not lend money to him, he does not play." Layers of importance yet Correction This auction lasted more than ten years of dispute, the final attention of a higher authority. In 2011, when he was deputy secretary of Shanwei City, the incumbent mayor of Yunfu make special instructions to the law enforcement authorities to comply with the law Shanwei. As a leading and coordinating Shanwei Shanwei Intermediate People's Court and procuratorate organs, Shanwei Municipal Committee and the attitude of the case is also very strongly emphasized ,, Shanwei Intermediate People's Court according to the law the case must Correction, last year issued a special letter to the Shanwei Intermediate reminders tracking supervise the case to correct the situation. Guangdong Provincial High Court also in July 2011 to supervise the implementation of the case established the case, Shanwei Intermediate People's Court requested the case at any time to report the situation. The case has attracted the attention of Supreme Procuratorate and the Provincial seized. Even so, from the obvious error of enforcement cases involving still not been corrected. February 24 this year, the Southern reporter came to the Shanwei Intermediate People want to be able to interview, but was told that all the leaders are not in the yard, even the doors are not allowed to enter. Reporters wanted to interview phone case expression to Shanwei Intermediate People's Court Chen Yuanzhang secretary, the secretary said they would report to the leadership, and after the reporter contacted. But the past week, still did not get any information. Shanwei Intermediate People's Court told the media explained: "History is too long, too complicated reasons, involved parties,http://www.hbdccm.com/forum.php?mod=viewthread&tid=53343, involving many departments, heavy workload and we are trying, but can not solve all of a sudden.." Who should pay the interest on the implementation of the suspension December 20, 2011, a dramatic scene from happening again. Pengcheng Zhong did not wait for a "fair answer," but until the notification of Shanwei Intermediate People's Court issued the execution case of principal and interest. Notice that, since the case is legally effective time June 11, 2001, so that by the time of notification until the Pengcheng Zhong should pay interest 14,880,000 yuan. In this regard, Pengcheng Zhong puzzled: "After the prosecution investigation, has notified the relevant authorities to suspend the implementation of the court ruling to suspend execution after how interest could be borne by me Further, implementation of the case from the start of the auction on violation of the law.? , then the interest caused by violation of the law because it should be borne by those responsible for violations of the law. " Pengcheng Zhong will form their own views of a turn in the implementation of the objections, Shanwei Intermediate People's Court. But then Shanwei Intermediate People's Court still requires numerous experiences of finding him calculate principal and interest. "The court finds himself is obviously wrong execution behavior is legal." said he still wanted to have a say for themselves, at another petition decade, I believe that the higher authorities always give him a satisfactory answer. Written / Photography: Southern Reporter intern Dengqian Hui Lin Tan & Nbsp; & nbsp; Shanwei France seized both houses of eight "confrontation" & Nbsp; & nbsp; 2004 3 25, Pengcheng Zhong on the right Shanwei Intermediate People's Court ruled that the auction of objection, appeal to Shanwei City People's Procuratorate. Pengcheng Zhong complaints caused by a piece of paper and Shanwei Shanwei Intermediate People's Procuratorate for eight years, "confrontation" that he had become the case of "supporting role." & Nbsp; & nbsp; & nbsp; & nbsp; three Shanwei both houses of "confrontation" were done by correspondence. The first two Shanwei Intermediate People's Court sent a letter to the problem of illegal Shanwei Procuratorate enumerate the auction, including the auctioneer King was not a legitimate bid qualifications, the second one of the principal auction business unit director of the auction house suspected illegal, illegal disposal of state-owned assets. Third, Shanwei Shanwei Procuratorate choose direct reporting Municipal Committee. Adhere to the two rounds, Shanwei Intermediate People's Court reported a final implementation of the program, said the decision to revoke the ruling auction. But the "correction" So far only on paper. & Nbsp; & nbsp; & nbsp; & nbsp; 1 round & Nbsp; & nbsp; & nbsp; & nbsp; 2004 & Nbsp,http://youlongsjys.com/home.php?mod=space&uid=776; & nbsp; & nbsp; & nbsp; Procuratorate: The court ruled that many illegal auction & Nbsp; & nbsp; & nbsp; & nbsp; the court: "special circumstances" Auction valid & Nbsp; & nbsp; & nbsp; & nbsp; 2004 8 20, Shanwei's Procuratorate issued a proposal to recommend corrective Shanwei Intermediate People's Court. Recommendations said that after reviewing the case found that the presence of Shanwei Intermediate People's Court ruled that the auction of violation of laws and regulations, a complete denial of the "auctions valid,Piumini moncle," suggesting Shanwei Intermediate People's Court to be corrected. & Nbsp; & nbsp; & nbsp; & nbsp; proposals that, according to the transfer of bank account information displays, auctions King was Lin Xiaoping deposits for longer than a predetermined time, and deposit accounts are auction cashier Cai personal account, so I'm Bidders do not have the qualifications, and Haifeng auction the auction violated the auction process. & Nbsp; & nbsp; & nbsp; & nbsp; secondly, to be auctioned land use rights area, Shanwei Intermediate People's Court entrusted the assessment result is 5184 square meters. But the abundance of labor in which the company has actually only 2,566 square meters. So the hospital on the subject of the auction commission did not fully use rights. In addition, the auction of the east and west walls belong Haifeng County Haifeng County Public Security Bureau,http://www.kitchen-tokyo.com/node/1#comment-301871, Civil Affairs Bureau and all the martyrs cemetery, the hospital has no right punishment. & Nbsp; & nbsp; & nbsp; & nbsp; Finally, the ruling of the Court pointed out that 26 suites other 26 who have, among them Haifeng auction Chen Hong of silver, in violation of the "Auction Law" relevant auctioneer and his staff shall not Bidders participated own auction activity organized or entrust others to bid on behalf of the provisions. & Nbsp; & nbsp; & nbsp; & nbsp; Southern reporter was auctioned property entrance area households this month hydropower payment information to see, Chen Hong of silver is the first seven A seat owners; in the auction in his identity is the auction house business director. & Nbsp; & nbsp; & nbsp; & nbsp; 2004 9 30, Shanwei Intermediate People's Court on the day of the auction clarification replies: at 15 o'clock on the November 22, 2002, bidders Lin Xiaoping carry 50,000 yuan and 450,000 yuan in cash bank deposit to the auction bid registration conducted after the auction cashier charged its 500,000 yuan deposit. Lin Xiaoping put forward jointly commissioned by the 26 people to participate in bidding, auction after passing through referrals Court agreed to, confirm their eligibility bidder. The auction will be held according to 15:00, because no other person bid, according to a starting price of 4.65 million yuan as a competing bid by a forest, site signed a "real estate auction confirmation." & Nbsp; & nbsp; & nbsp; & nbsp; Shanwei procuratorate for questioning, Shanwei Intermediate People's Court explained that the auction in the afternoon, after the cashier charged the forest margin, deposit accounts deposited in accordance with the practice established in his own name. In the dump process due formalities, cashier returned the auction report, and requested the forest along the bank formalities. But that time is 2 pm, close to the auction start time, I'm in the auction after the transaction is completed and signed confirmation, only to go to the bank formalities. The Court held that the margin to the fact that the auction before the auction, has played a role in the actual guarantee, and therefore did not violate the law. & Nbsp; & nbsp; & nbsp; & nbsp; about Chen Hong silver purchase is regarding the auction of assets, Shanwei Intermediate People's Court believes that this room is another commitment to buy, after the commission Lin Xiaoping took the transfer, happens Chen Hong silver mother because housing narrow, and ultimately to his mother on behalf of the by ghostwriting agreement daughter bought the house. Chen Hong silver because mother had called him on behalf of a mortgage to repay 100,000 yuan, so I'm on the receipt of receivables written on Chen Hong of silver. While Chen Hong silver mother was older, inconvenience, asked Chen Hong silver couple moved along, so Chen Hong of silver with his mother to live in the house, from beginning to end, there is no silver commissioned Lin Chen Hong bid that room. & Nbsp; & nbsp; & nbsp; & nbsp; about whether excessive auction, Shanwei Intermediate People's Court believes that the auction subject area assessed as 6916 square meters, of which labor Fung company has land use right certificates for 2,820 square meters, we have not made use of warrants for 959.5 square meters. For the latter, the company has signed with the abundance of labor departments of land acquisition contract has been paid for land requisition and re-submit the application documents, the land has been actually used, not only to improve the procedures. In view of this, the Court found reason to dispose of the property. & Nbsp; & nbsp; & nbsp; & nbsp; 2 Round & Nbsp; & nbsp; & nbsp; & nbsp; 2009 & Nbsp; & nbsp; & nbsp; & nbsp; Court: Procuratorate non-response to the Executive suspension & Nbsp; & nbsp; & nbsp; & nbsp; Procuratorate: There are no regulatory requirements must reply & Nbsp; & nbsp; & nbsp; & nbsp; after a lapse of five years, the "House of the dispute" renewed turmoil. May 19, 2009, Shanwei Intermediate People's Court sent a letter to the Shanwei Procuratorate that the results did not reply Procuratorate Court, resulting in a suspended state of execution on the case since August 2004. June 3, 2009, Shanwei Procuratorate reply letter said, "no regulations to deal with court documents procuratorate procuratorate response to the recommendations to be answered," so obviously wrong statement Shanwei Intermediate People's Court. & Nbsp; & nbsp; & nbsp; & nbsp; Shanwei Procuratorate further stated that, once again evidence, before the auction Lin Xiaoping Unavailable 26 principal's name, the power of attorney and ID cards; more importantly, out of which 18 per certificate is heard bidding to auction houses to sell only to go to the forest to buy, with the signing of "purchasing real estate agency agreement", the funds are paid directly to the forest or company personnel, prior never signed the purchase agreement with the auction house, provided any formalities to the auction house or Lin Xiaoping, did not entrust the estate bidding. & Nbsp; & nbsp; & nbsp; & nbsp; In addition, the aforementioned 1 & nbsp; 8 people to the forest purchase a total cost of 472 & nbsp; .86 million, far more than the competing price of 4.65 million yuan, and if Lin Xiaoping and other 26 people bidding should be competing in price 4.65 million yuan share. While Chen Hong of silver and certification of residential houses are back to Lin Xiaoping, the agreement was signed with Lin Xiaoping, and provide payment documents. Therefore, "commissioned by the 26" one said there is a contradiction. & Nbsp; & nbsp; & nbsp; & nbsp; In addition, the Procuratorate Court to verify that the case of illegal disposal of insufficiency of labor abundance of corporate property,parajumpers Soldes, involving state-owned property and other property owned collectively. & Nbsp; & nbsp; & nbsp; & nbsp; for Shanwei Intermediate People's Court, "500,000 yuan deposit to the auction topic has played a practical assurance role," one said, Shanwei Procuratorate said: review comments in the Court rejected the announcement of auction specified time fundamentally, guarantee funds and other restrictive effect. The investigation, since after the auction until November 2003, Lin Xiaoping cross section 3 pen to auction a total of 1.3 million yuan, and the rest no longer provide any funds or property to ensure that the remaining 300 million auction shall not guarantee the actual recovery. But the hospital still issued to Haifeng County Construction Bureau, Land Bureau to assist the implementation of the notice, the transfer request will be auction and other property rights to 26 name, holding the lead notice will assist in the implementation of real estate sold by sets of sanctions, income. & Nbsp; & nbsp; & nbsp; & nbsp; So far, prosecutors made the second time in the hospital (2002) and France Shan Zhi Zi No. 090 civil ruling facts wrong, the proposed hospital to be corrected. & Nbsp; & nbsp; & nbsp; & nbsp; in this "battle", the Shanwei Procuratorate surnamed Zhou Deputy Attorney General and civil administrative department surnamed Europe official also made a special trip to the hospital consultation process, the results, when he Shanwei Intermediate People's Court Chen recognition letter May 19, 2009 statement issued by mistake and begged back the letter. & Nbsp; & nbsp; & nbsp; & nbsp; 3 rounds & Nbsp; & nbsp,http://hg3589.net/forum.php?mod=viewthread&tid=25684; & nbsp; & nbsp; 2010 & Nbsp; & nbsp; & nbsp; & nbsp; Procuratorate: Politics and Law Committee to pursue malpractice liability reported & Nbsp; & nbsp; & nbsp; & nbsp; Court: error correction scheme proposed but has not implemented & Nbsp; & nbsp; & nbsp; & nbsp; 2010 5 18, Shanwei Shanwei's Procuratorate to the CPC Municipal Committee and reported the case review. Shanwei Intermediate People's Court review of the report that there is an error in the process of disposal of 6:00 in the case, which involves the court there are three: one is the subject matter of the auction did not identify, beyond the scope of an auction; the other is wrong court ruling auction conduct legitimate and effective; the third is the court refused to adopt the recommendations of the investigators, shirk responsibility. Prosecutor's Office concluded that these errors are not court investigators perform or improper performance of duties caused. & Nbsp; & nbsp; & nbsp; & nbsp; Shanwei Procuratorate proposed hospital grasp self-correcting, go through the land acquisition procedures, rationalize occupation martyrs cemetery and police fence issue, withdraw earnings made, etc., and suggested at the appropriate time be prosecuted in the Court handling the case dereliction of duty personnel responsibility to promote impartial law enforcement. & Nbsp; & nbsp; & nbsp; & nbsp; on Shanwei Procuratorate report was shortly after, Shanwei Intermediate People's Court on December 6,air max 90 pas cher, 2010 also reported an implementation program on the dispute. Programs that, due to the Court and Procuratorate view auction property rights and different auction procedures, evidence collection is different, so the case has not made final disposal. The proposed scheme, the Court CRIC discussion, decided to cancel the auction and auction confirmation ruling held that the law ruled that 26 housing units by the sale of the company's own labor abundance. The sale of the resulting total price of 4.65 million yuan used to repay Haifeng telecommunications, postal two innings, one million yuan to the company as the abundance of labor re-submit the land use right procedures and other expenses, the balance to Lin Xiaoping as house decoration costs. & Nbsp; & nbsp; & nbsp; & nbsp; at the same time, also on the implementation of the program on improving the land acquisition procedures, for a variety of approvals and certificates of title problems will be described. The basic contents of the program has made communication and coordination with the parties, Haifeng telecommunications, postal two innings, labor Feng Company, and all could accept, and will be implemented through coordination after the meeting. & Nbsp; & nbsp; & nbsp; & nbsp; the results of both sides of the case have been identified, stands to reason that has been settled, but the actual result but there is a huge gap, this does not agree that the Shanwei City Procuratorate. The reason is that the Shanwei Intermediate People's Court of the fact that there has been no illegal auction corrected. Thus, the entire case again stranded. Share: welcome to comment I want to comment Microblogging Recommended | today's hot microblogging 

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