in Xianyang Liquan Construction Company

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in Xianyang Liquan Construction Company

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Started 10 years ago by of7lS8jA2S

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 Time to get the first instance verdict, Yan Guodong and his 22 brothers and migrant workers, figure out that he is won or lost. June 19, 2009, after a long wait of two years and seven months later, Yan Guodong finally got the Xianyang City, Shaanxi Province Qindu District People's Court of first instance verdict. According to the judgment, the Shaanxi Provincial People's Congress fifth, eighth, ninth CPPCC member Tian Jingfeng family business - Shaanxi King Fung Pharmaceutical Co., Ltd. (hereinafter referred to as "King Fung Company"), arrears of Xianyang new housing construction company ( hereinafter referred to as "the new company") 32.5 million project balance due,http://www.bet007.org/bbs/forum.php?mod=viewthread&tid=171891, considered were available, but at the same time, the new company because "delay period", was sentenced to compensate 336,000 yuan. Two-phase offset, more than 20 months of labor of migrant workers not only "crop failure",louboutin soldes pas cher,http://store.shopping.yahoo.co.jp/lens-deli/5-tuttiju.html, but also lost an average of nearly $ 1,000. "We more than one such a." Yan Guodong laments, "migrant workers eating their meals, give him a bloody sweat to build factories, now six or seven years later, the penny did not get even 'down to find the money', we to recover a little coolie money gnaw on so hard? " After the China Youth Daily reporter visited a number of Xianyang City construction team learned, after Tian corporate housing can not get the full amount, once you choose to court, will the "extension project", "unqualified" and other grounds counterclaim, often end up even the capital are posted inside - which do engineering circles, is considered "open secret" in Xianyang. And Yan Guodong encounters, strange place more than that. Strange one: "fly" into the files of "civil ruling"? Since 2004, at the end of each year, Yan Guodong be spent in the "hide debt" in. Because the end of the year, the new company was built by King Fung "comprehensive preparation workshop" completed, according to the contract, the total cost of 175 million yuan. October 21 the same year, King Fung company has occupied, we used this workshop, but there are more than 320,000 yuan of the project has as yet unpaid balance due, this became a "deadlock." As the new company, "Feng Jing Project Department," the contractors, Yan Guodong and last stay at the site where the migrant workers who, year after year, no money to be had. December 4, 2006,http://www.chinadctc.org/bbs/forum.php?mod=viewthread&tid=11545, but under the new company will sue to King Fung company Xianyang City Qindu District People's Court. However, this project funds to recover Tian "struggle" at the outset did not go well. "Push to June 2008 case before the trial, the court first 18 months on the trailer." Yan Guodong told reporters, "In two months, six months and one year after the filing time, I talked to a few competent judge division Xiaoli To the hearing, she said, 'busy recently, slow slow' Found president Zhao Xianping, the answer is almost. " Yan Guodong in the eyes until the first 15 months, "Shaanxi Rural News" to "15 months why not sit" in the title after headlines reported the matter, only a turning point. "Three months later, the court hearing the last." But the new company's attorney Zhang Dongmei, told reporters after things hit the papers, the court before the delay "no action" explanation, but for a statement, became a "case was to suspend the trial." Strange things in the first instance court finally checking the files, with the answer. Yan Guodong in the case files, found a strange "civil ruling," the "ruling" wrote: "The defendant January 8, 2007, in consultation with the plaintiffs wanted to resolve its grounds, proposed to suspend the case. The Court finds that, in the case during the trial, the defendant negotiated settlement with the plaintiffs to dispose of their rights, it should be permitted. "Accordingly, to" suspend the trial, "the ruling. The "ruling" makes Yan Guodong moment puzzled: "Over the past year, we have never received such a thing, King Fung company come to us over there nobody consultations organized mediation court did this." Ruling "Shashi Hou, how flew into files in it?" He told reporters that he suspected it was a fake legal instrument, "as is legally tow, outlast us." In order to clarify the situation, the China Youth Daily reporter contacted the judge who made this "ruling" the teacher Xiaoli. She said that was definitely wants to mediate between the two sides, in order to make a "ruling" of. "If the party does not agree to mediation," ruling "on the delivery does not go out now" ruling "early to their units, and has served on the certificate of." Hao into Qindu District People's Court vice president in charge of civil trial court first work, as well as chairman of the King Fung company also confirmed to reporters that the court organized the parties to mediation. But when a reporter asked, "When mediation", the two men have said "forget." The above argument was strongly questioned the new company's. To this end, the new company in June 18, 2008, had specifically been issued a written proof indicating never received this claim "to suspend the trial," the "ruling", during which the court did not organize any mediation. "Even if the leadership of the company which received it, and they know us primarily mediation, the company is sure to make my presence, and now consequently." Yan Guodong told reporters. Reporters learned that the division Xiaoli mouth of the "acknowledgment of receipt", the sign is Zhang Xian was the new manager of the company name. But Zhang Xian in China Youth Daily reporter received a telephone consultation time, but then do not want to respond to the matter. "Civil Law" Article 135 clearly stipulates that people's courts apply the ordinary procedure of the case shall be concluded within six months from the filing. There are special circumstances necessary to extend by the president of the court approved, may be extended for six months,moncler Outlet, also need to be extended, and reported to the higher people's court for approval. "18 months without a legitimate reason not to trial, the trial has exceeded the normal period of 1 year." Zhang Dongmei lawyer told reporters that even if unilaterally tried to mediate in civil cases the decision as soon as possible should the mediation fails, the delay can not be unlimited. "One did not see approval to extend the procedure, and secondly, in January last year under the" ruling ", more than a year did not conduct the conciliation proceedings, I do not know how to explain the court." This question, Hao into the vice president responded to the reporter, the case 18 months before the trial, really is because once mediation between the parties "to suspend the trial," the. Of the new company "never received" "ruling," saying, said Hao into the hospital, "the new company in a lot of people, it was received, it was clear that not received, this is normal." Faced with the same question, but a clear division Xiaoli claimed that "18 months without trial is absolutely impossible." When a reporter referred to "Shaanxi Rural News" when she was silent for a moment, said, "the case for a long time,http://sxxg888.cn/news/html/?102208.html, all the material in the case file in Now remember, we must look at the volume did not know. " Strange two: "pay talks were" legal fees "a lot of points," "Wages are" legal fees "to deferment"? In King Fung company to "pay talks" in the process, Yan Guodong met a "stumbling block" more than that. March 28, 2008, King Fung company filed a counterclaim. At the same time, submitted to the court another form,http://perfect-aquas.yuzumaru.info, for deferment counterclaim fee 6250 yuan, on the grounds that "the company's recent financial difficulties." In the same year on April 2, this "legal fees deferment exempt Chengpi Biao", the vice president to sign on the People's Qindu area name: "Agree deferment execution fee." "Interval of 1 year and 3 months to counterclaim, if by 'six-month closed' standard practice, would have exceeded the statute of limitations." Yan Guodong feel even more uneven, the "why to we mainly migrant workers Construction party rights through the courts, must prepayment legal fees, and no less a point, while the strength of the Tian businesses can not pay legal fees. This is not a turn yet? " State Council Order No. 481 "pay litigation costs approach" clearly states: "The case recourse remuneration may not prepaid case acceptance fee." "Supreme People's Court on the economy is indeed difficult for the parties to provide the judicial assistance" Article 3 also pointed out that migrant workers labor remuneration recourse to the people's court for judicial assistance. The King Fung company's situation, not the 13 kinds of application can be clearly within the scope of judicial relief. "Rescue the object of the law is not they, are we." Yan Guodong told reporters sighed, various litigation costs required to pay when they are filed, and add up to 8,330 yuan, but the court did not "rescue." "We are filing time is very difficult, but also with Qindu District People's Court filing interviewed hall, hoping to deferment, but they say, 'You are not to sue in his own name, are legal persons, do not pay legal fees, then it can not be placed on file' . " Not filing wages chasing not come back, Yan Guodong only from relatives and friends put together this 8,000 yuan. In sharp contrast, the reporter found that companies in Qindu Tian District People's Court does not pay legal fees, but almost as a "practice." In addition to King Fung company, Xianyang Tumor Hospital of Traditional Chinese Medicine, Xianyang Tian Academy of Traditional Chinese enterprises are tumor. November 28, 2003, in Xianyang Liquan Construction Company (hereinafter referred to as "Liquan Company") for the recovery of funds to the Cancer Hospital of Traditional Chinese Medicine, Xianyang case, the hospital with the "two basic account to be seized, frozen, funds difficult, no money to pay legal fees, "the grounds Qindu District People's Court to apply for 20,850 yuan of counterclaim fee" exempt "; March 19, 2007, in the air conditioning and cleaning Ltd. Wujiang Articles (hereinafter referred to as" Wujiang Articles Company ") to King Fung company to recover project funds case, the King Fung company again," the company cash flow difficulties "as an excuse to apply to the court." deferment. " Approved per capita for the vice president of People's Qindu District Chen Jianli. "Litigation in the Supreme Court prescribed fee 'slowing Free' range, and did not include the company's business conduct." Zhang Dongmei lawyer to China Youth Daily said that even apply for relief, but also submit "sufficient to permit clear evidence in financial difficulty" . Court approval of the application Tian enterprises, is there evidence? In this regard, Hao as vice president, told reporters that "the approval of 'slowing Free' legal fees in the purview of the ." As for the "What evidence", because Chen Jianli has not worked Qindu District People's Court, so they "do not know." In order to clarify the matter, the reporter went to 160 kilometers from Xianyang City Heritage Site, hoping to interview has been promoted to president of the county court of . But Xunyi County People's Court "interview must have the approval of the county propaganda department of" refused the newspaper into the interview request. Reporters then call Chen Jianli phone and office phone, but as of press time, the other side has not answered. For the reason for deferment fee of 6250 yuan counterclaim, Tian Jingfeng gives this answer: "Before Suntec case, I have a project with Liquan lawsuit in the name of the company in order to fight this lawsuit, the court in advance. My account blocks a hospital. lawsuit was not yet finished, the account has not closed, the money taken out. "But when a reporter asked about the" no money, the hospital how perennial maintain operations ", the Tian Jingfeng not answered. Liquan company's attorney, just is Zhang Dongmei. "Tian Jingfeng own claims that there are several hundred million of assets, there is no problem of financial difficulties. As for the unblocking of the accounts did not, as far as I know, there is only the money more than 80 million, a fraction of the Tian businesses." She questioned. Strange III: hand flew 320,000? For the "owed" a final payment 325,000 yuan project, he said Tian Jingfeng I do not recognize. "They overcharged 12 projects, these projects are the new company contracted to others installed, when the money did not dig out." explained to reporters, "how can people do to live for money to me? They have much to take my money. "As for how many total overpayment, Tian Jingfeng again means" remember. " "'12 A multi-operator 'is an excuse." Faced with Tian Jingfeng saying the new company, "Feng Jing Project section" Yangfu Yan manager, to come up with a paper by Xianyang City Intermediate People's Court entrusted a project cost of accreditation bodies to make " appraisal report. " China Youth Daily reporter saw in the report, after re-calculation, King Fung company still owes the new company 31 million yuan. "I thought it was no problem, no matter what the court was thinking, this lawsuit are winning the war." Yan Guodong said. But the situation after King Fung company filed a counterclaim, began to reverse. King Fung company in its "Counter-Memorial," said, because the new company in the construction process, lack of staff, poor management, not by the drawing, so that the project "the delay 168 days" and the "quality of the project failed." In accordance with the standard contract fine of 2,000 yuan a day, asking the court to order the other party to pay liquidated damages 33 million yuan, and compensation for economic losses of 28 million yuan. "330,000, accounting for one-third of the total price! Tian so doing to build a house was less than 300 per square meter, even the cost of materials are not enough." Yan Guodong said. But until the previous verdict down, the new company and Zhang Dongmei lawyer is still optimistic, because in their view, "the court our evidence is sufficient." After the first results came out, King Fung's claim was supported. This gives the first impression Yan Guodong is incredible. The verdict, wrote the date of acceptance of self, the plaintiff actually delay the construction period 172 days, this despite the fact that King Fung company staff's visa, but without the agreement stamped, so lost income "fine" of the new company bear. This decision, the new company's Zhang, also feel incredible:. "I did not expect the hand of 320,000 really flew." In its judgment, the "date of acceptance" project is scheduled for January 29, 2005. "But in fact the two sides have no formal 'final acceptance',http://tigristiger.net, this is just a review of the day the two sides during the warranty period the organization as early as the first three months, Jing Feng companies had to go use." Zhang Dongmei lawyer questioned. " This is another case of the entry into force of the decision had already been admitted to the fact that the same court, why turn a blind eye to this evidence? " Supreme People's Court "on the trial construction contract dispute case law applicable to the issue of" Article 14 stipulates that without the completion and acceptance of the construction project, the developer unauthorized use, to the date of transfer of possession for the construction completion date. China Youth Daily reporter saw, in July 2007 Qindu District People's Court "Wanfang Wujiang King Fung company to recover the construction cost" case and make a "civil judgments", it has been confirmed that on October 21, 2004 Day, Wujiang Wanfang into the "comprehensive preparation workshop" where purification decoration. "In fact, on the 21st day or two, Suntec living has been basically completed,http://www.ciscoclub.com.cn/home.php?mod=spacecp&ac=blog&blogid=, or how fitting? But because the other side has not to do the final acceptance, we have consciously left a tail, wanted to give him some pressure." Yangfu Yan manager told reporters, " But then the company has come in Wujiang, private companies supposed to supposed to say, he wants to be directly used, we can not stay. " In the first instance verdict in the absence of King Fung company stamped "seal" and "project extension request form" all is not admissible, but also make Yan Guodong confused. "If by the time of the contract, the project really was postponed." Yan Guodong stressed to reporters, "but the vast majority of which are legitimate extension,woolrich outlet, supervising engineer Jing Feng sent there to sign an agreement, and also notarized up. " Reporters found that in the first instance before the hearing, King Fung's field engineer Li Huayi has indeed 10 copies of "Extension Project Application Form" and two "Report" signature was notarized. Notary show, because King Fung company with one of the feed and the installation is not timely, frequent change orders, power outages, rain or other reasons to apply for the duration of the delay, there is a total of 327 days. "Which have overlapping portions, but also close to 168 days subtraction down." In the two sides "Construction Contract" stipulates that the Employer for reasons of force majeure and special provisions agreed or agreed extension of time by the engineer of the other cases, the duration should be extended accordingly. "It was indeed a contract agreement, supervising engineer must first communicate with the Employer before the change in the visa, in order to seal a final confirmation." Zhang Dongmei lawyer said,nike tn pas cher, "but, field engineer signature recognition itself is a job behavior, rather than individual behavior . Moreover, in the final analysis stamp duty King Fung company, not the new obligations of the company because they have done wrong, we should let the new economic responsibility of the company to bear, this is not right and wrong? " Li Huayi why "not actively stamp"? to the China Youth Daily said the reason is not the official seal "their cards yet." "I get the company to file, they said, 'You control your site, not on something else you tube'." He thought for a moment and said: "Anyway, people do not want to give you money, how can shamelessly skin . " At press time, the reporter was informed, June 18, 2010, Xianyang City Intermediate People's Court has to "facts are unclear and insufficient evidence" revoked the first instance verdict,http://jsuva.com/cgi-bin/bbs/light.cgi, the case back to Qindu District People's Court for retrial. Currently, the retrial has not yet hearing,piumini moncler, Yan Guodong and other 22 migrant workers get wages, is still unknown. Newspaper Xianyang August 30 power Welcome to comment I want to comment Microblogging Recommended | today's hot microblogging (edit: SN029) 

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