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Yaoding Guo Yun County People's Court in the door, the same symbol to show the contents of two very different verdict. Newspaper reporter Lei Yu Shiyan City in Hubei Province, Wu Liang Yun County Commissioner lane, two tile-roofed house in a 4-story building gear, look even more low and simple. August 17 at noon, the reporter walked into the tile-roofed house, which is not a decent furniture, a table is covered with old sewing machine to act as a table cloth, bamboo bed in the living room have become "couch" ...... This is Yunxian individual industrial and commercial household home, next to the building was his property. Together with the simple sale of housing disputes, spent three years of effort, he sold part of the property, dwelling in a small tile-roofed house, through litigation in exchange for three judgments, of which two are the same symbol disparate content verdict. Until a higher court remand, the prosecution repeatedly protest, a fair decision was long overdue. Immediate Yaoding Guo year earlier did not pride, "just want to hurry awful case closed, can go back to real estate, let me live a normal life as soon as possible!" It is understood that this case has attracted the attention of the leadership of the Standing Committee of Hubei Province, Hubei Province Higher People's Court ordered the supervision of the case. How often perhaps impossible, the lawsuit will be settled. The experts expressed concern about a law, litigation experience Yaoding Guo this marathon, changed not only his life, but the whole society should lead to reflection: how to ensure justice, the maximum to avoid the next case appears. Buy a house leads to lawsuit Until now,6TTR5d4Ish, still "stubbornly" I believe that the trajectory of his life is changed because the three suites. Day in May 2004,odrcDwK1qS, Zhong Lin Wang's friend had told him: "I am Yun County Agricultural Science have developed a next room, each 45,000 yuan." Although this building was not completed, but the basic framework has been form. Yaoding Guo After some investigation, decided to help the family to buy one of the three sets. May 6 that year, Zhong Lin Wang signed a purchase contract and , down 110,000 yuan, 19,000 yuan to pay before the stay, the remaining $ 6,000 to be paid off after two cards to run. Surprisingly, at the end of 2005, threatens to Shoufang, Yaoding Guo suddenly get the message:. "Zhong Lin Wang ran away, left behind the house matter, the main door to grab a lot of debt house,louboutin outlet," he rushed to the scene and saw a lot of the house has been empty of people live. Fortunately, he bought a house 3 still empty. January 9, 2006, to officially Yaoding Guo Yun County People's Court drew these three house the preservation of property. The same day, the court agreed to his request, sequestration of three housing units. "The court will house seized, and certainly there is no problem!" Yaoding Guo was think. Unexpectedly, things then actually worsened, the court seal was torn, the locals Pingmou seize them two suites. June 2006, Yun County People's Court held a public hearing this house purchase contract disputes. Although Yaoding Guo believes the purchase contract is held Pingmou forged, but the judge will Pingmou as a third person, he finds that the purchase contract holders is also effective. July 9 that year, Yun County People's Court "(2006) Yun Min Chu Zi No. 119 a verdict," Zhong Lin Wang does not have the qualification recognized real estate development and management, and Zhong Lin Wang judgment, Pingmou purchase contract null and void; and Pingmou ordered to withdraw its share of the two houses, seized by the court after the sale to repay a mortgage and Pingmou. "Yuanyang verdict" released Yaoding Guo get the verdict, the first reaction is: Be sure to appeal to fight for their legitimate rights and interests. A few days later in the morning, hearing the case received Yaoding Guo Yun County People's Court Judge Yang Xinghua phone call: "just sent you to judgment, appeared in writing mistakes we change it, give it.." Yaoding Guo did not think, then this verdict returned to Yunyang County People's Court. But he kept that in mind: to find a home copy shop, a copy will this judgment, prepared to do with the appeal information. It is this copy of the verdict No. 119, since it makes his future purchase contract dispute, "Interesting." "When I sent the verdict Yang Xinghua office, he said that afternoon you can come and collect. When I go to the afternoon, Yang said the leadership was changed to also discuss a few days to come and collect!" said he also has clear I remember, when he still asked the sentence: "? it is so difficult to change the words" Let did not expect that,woolrich donna, after two weeks, he was actually like Yun County People's Court gave him a "notice of hearing" - the court to re-hear this dispute from buyers. August 2006, Yun County People's Court judge replaced, continue to hear this case, the trial results overturned all previous trial. The judge not only rejected the request to purchase three sets of claims house, also occupied two houses Pingmou verdict valid. The Yaoding Guo buy houses down 11 million, has been missing by Zhong Lin Wang returned. August 23, after Yaoding Guo get the verdict, he found two judgments actually the same as the number 119, the content of the evidence has not changed, the results actually quite different. Why is the same one case, it appears the two judgments? August 17, Tuo Yun County People's Court vice president in charge of the civil court to work in an interview with China Youth Daily reporter, a detailed explanation of the detailed reasons "duck verdict" came out. Tuo vice president introduced, Zhong Lin Wang in the late real estate development, due to lack of money to walk away, a number of creditors began looting houses by Zhong Lin Wang disputes have caused dozens of houses, distributed in several court, county court was afraid to appear court conflict between the decision and decided to accept all. At that time, the court will involve Zhong Lin Wang of the 26 cases handed over more than 50 years old judge Yang Xinghua. "This is a very solid, hard, hardworking judge." Tuo vice president commented after the first verdict came out, they found a party Pingmou Court pointed out in the name of the judge's verdict Department wrong. Just after the first judgment recovered Fengmou continued entanglement in court, Yang disqualification of a judge the case requires, in order to avoid entanglement Pingmou, the Court decided to replace the judge rehearing. Verdict on the two judgments are inconsistent, he explained: "At that time, many creditors have seized Zhong Lin Wang's house, taking into account the social impact, in order to avoid trouble caused, the judge would not be sentenced Pingmou vacate occupied two suites . " In the interview, the official also specifically stressed: "In legal terms, the verdict sent out and then recovered, equal to no service, that judgment is therefore invalid, with two of the same symbol verdict takes effect only. The second verdict. " Court remand, the judge illegal withdrawal For Yaoding Guo, the "duck verdict" appears, is just the beginning of a nightmare, he thus began the way a marathon litigation, shuttling back and forth between Wuhan, Shiyan and Yun County. December 20, 2006, appealed against the second verdict No. 119 to the Shiyan City Intermediate People's Court of Appeal ruled that the hospital: the original judgment in violation of legal procedure may have affected the correctness of the judgment; verdict revoked, back to the people of Yunxian court for retrial. A year later, Yun County People's Court re-hearing the case, has staged a funny and bizarre scene: Yun County People's Procuratorate brought a civil administrative prosecution protest report shows that October 30, 2007, when Yun County People's Court case retrial, and lawyers attended the proceedings in all court investigation, questioning witnesses, debate and mediation after the court proceedings have been carried out is completed, the court also decided another day trial. Yaoding Guo recalls: "early December, the judge asked me to quickly find the defendant Zhong Lin Wang,air max pas cher, before closing." This lawsuit has been wrapped around the two ,vYmdXgxetc,hogan outlet, the two companions rushed to the king hurried zone may be hiding in Xiangfan and Wuhan. But he received a family member's phone, the court finished hearing the case has opened in Wuhan, for withdrawal treatment. Back until Yaoding Guo Yun County, get to know civil ruling,tiffany milano, the court found that he served with a summons, refuses to appear in the proceedings without good reason, for the withdrawal process. Yaoding Guo then from his agent ad litem officer that day, the agent arrived at the court, but after being told the agent does not have the qualifications of a judge after return. June 2008, Yun County People's Procuratorate issued to Yunyang County People's Court "Attorney Recommendation" that Yun County Court civil court judge in violation of legal procedures, the case hearing is completed and after the release verdict,G7S1Wkls0z, retracted verdict, optionally specify re collegial panel composed of a retrial this case, lead to erroneous judgment. Yun County People's Procuratorate departments responsible person said, Yun County People's Court to the case for withdrawal treatment equal to that has been revoked Court verdict and sentencing No. 119 entered into force on 1 Yaoding Guo hard to run around completely winning. June 16, 2008, Shiyan City People's Procuratorate report thereon to the Shiyan City Intermediate People's Hospital a civil protest in writing, that "although Yaoding Guo in the field not appear in court because, but his agent have to appear in court on time, Yun County Court disregarded an agent to appear in court to the fact that the plaintiff did not appear in court himself as withdrawn by him, a serious violation of the law. " June 26, Yun County People's Court by the adjudication committee for discussion and decision, organized collegiate bench in the case for retrial, to suspend the withdrawal of the ruling. August 17 this year, reporters in Yun County People's Procuratorate has learned, after investigation, the trial court record, the clerk Chen also forged handwriting stars, but also a clear violation of the relevant laws and regulations of the trial. Three years in exchange for the third lawsuit verdict April 2009, in anticipation of Yaoding Guo, Yun County People's Court held a hearing this again from the original house is not complicated contract dispute. In this trial, the case has been significant progress. According to the Forensic Sciences Zhongnan University of Political Science Forensic Center to make, Pingmou purchase agreement submitted forged, it can not support the idea of housing requirements. A fake purchase agreement and how the process has been identified in the first instance it come true? Yun County People's Court official said, at the time of the trial, was commissioned Shiyan City of Justice Identification Center of Forensic Sciences conducted the purchase agreement, signed by both parties identified and therefore make the relevant decision. April 27, Yun County People's Court judgment: revocation of the hospital "(2007) Yun Min Chu Zi No. 191 a civil ruling"; return Yaoding Guo Zhong Lin Wang mortgage 110,000 yuan and the corresponding interest within five days after the entry into force of this judgment . Yaoding Guo dismissed other claims; dismissed the claims of the third party Pingmou. May 19, Yun County People's Procuratorate issued the briefing case, said: "with the sale of housing is not complex disputes, due to various reasons the party through three years of appeals, before and after three judgments, the four ruling, ultimately under the supervision of the prosecution, the court made a fair decision, also justice. " Wrong case no one is responsible August 17, in that humble tile, Yaoding Guo won a bunch of files, pondered the road three years of litigation, with deep feelings. He said the law finally gave him a fair judgment, there the combination of many righteous people of effort. It is understood that more than three years in Yaoding Guo proceedings, Shiyan City Intermediate People's Court attached great importance to the case, the two ruling requested remand. Shiyan City Yun County People's Procuratorate and the People's Procuratorate were also filed a protest, requested a retrial of this case. July this year, Zhou Hongyu, deputy director of Hubei Provincial People's Congress was informed encounter involved in Hubei Province People's Congress, the Provincial Higher People's Court the relevant person in charge of the United Front,RsIWFJB3hu, research supervision of the case, and has formed a relevant opinion. However, rights of way even continue. Reporters learned from Yunyang County People's Court, Zhong Lin Wang of the accused caught more lawsuits have been unable to pay 110,000 yuan to buy a house of. Leaving Yaoding Guo understand is that originally belonged to his house, it has now been sold to others Fengmou. At the same time, the third judgment, although at the same time dismissed the claims of the third party Pingmou, however, for the disposal of the house, but no mention of the verdict, the verdict in the second part, called "Pingmou based on two contracts acquired two houses there is no need to return to Wang Zhonglin. " August 17 afternoon, along the rocky mountain, Yaoding Guo with a reporter came to the army Rexia lawsuit buildings, a little whitewashed walls,5De8B60U9w, mottled corridor, and the surrounding environment very inconsistent. Only close the door on that big word rejoicing, bringing the building for some of the flavor of life. Yaoding Guo stood at the door, long time in silence, eyes melancholy and helplessness. Recalling the three years of litigation route, Yaoding Guo still doubt is that he follow the normal legal channels to preserve their property, the results have nothing, while some of the original creditor to seize the house was able to get legal "default," "where the error occurred in the end ? ' Yun County People's Court, Yang ancestral to China Youth Daily reporter said that although he had just transferred to Yunyang County Court Dean, but has held a party group meeting to study the implementation of the implementation of Yaoding Guo cases. Although the case is very difficult to perform, the court will take active measures to safeguard the rights Yaoding Guo, "We shall not let the people suffer!" Yun County People's Procuratorate, the person in charge, last year, prosecutors appear in court for judges adjudicating case of violations, issued a "Attorney proposals" to Yunyang County People's Court, the hospital recommended that the relevant personnel criticism and education, serious the law, but so far no feedback. In an interview with China Youth Daily reporter interview, Yun County People's Court official said, after investigation,Jc059y7k0a, found no violations of law concerned the judge, "If you really have a problem, prosecutors investigated the long." Case of a plurality of question marks still not straightened. August 20 newspaper Wuhan electric newspaper reporter Lei Yu "Metropolis Daily" correspondent Chen Shichang Proceedings manifestly unlawful seriously affect the judicial authority "If the legitimate rights and interests of the parties can not get timely effective judicial protection, it will seriously affect the judicial authority and credibility." After reading the case file, an associate professor of the Department of Procedural Law Zhongnan University Liu Chunmei grassroots people's courts for trial procedures, lack of supervision full of worries. In her view, more serious violation of the law of the place Yunyang County of Hubei Province People's Court in the presence of hearing case. First, the composition of the trial court to replace the illegal workers. "Several Provisions of the Supreme People's Court Full Court of the People Work" Article 3: "After the collegial panel are determined, unless they are withdrawn or other special circumstances, can not continue to participate in the case to the outside, not replace in case proceedings. replace the collegial panel members, shall be submitted to the presiding judge decided. for replacement collegial panel members shall promptly notify the litigants. "case of first instance during the formation of the same symbol two very different content" duck verdict "from the two judgments the content, the collegial panel composed of a presiding judge and one of the staff have changed. Secondly, the verdict delivered later recovered and produced the same content differences symbol great judgment, contrary jurisprudence. The people's court in accordance with legal procedures make legal instruments binding only meet the statutory requirements and procedures in order to change or revoked. In this case the Court of First Instance to make a date for the party served July 9, 2006 The "(2006) Yun Min Chu Zi No. 119 a verdict," which the judgment of the court should be bound by the judgment that, judgment shall not be changed content. "Supreme Court opinion on the application <People's Republic of China Civil Procedure Law> number of issues" (hereinafter referred to as "" opinions "") Article 163 states: "After the verdicts, the trial court found the decision a mistake of the parties in the appeal in the appeal, the trial court may make a mistake in the original judgment opinions, submit the people's court of second instance, by the people's court of second instance in accordance with the procedure of second instance hearing; the parties do not appeal, according to the trial supervision procedures. "in the period after the entry into force of the verdict is not pronounced and can not recover the verdict, only to wait for the expiry of the appeal period, according to whether the parties to the appeal of different treatments. Contrary to the Court proceedings, printed with a solemn national emblem,rV24aMs8tT, seal covered the People's Court, the Department of the names of the people on the Court, the parties sign the verdict has been recovered separately produced very different judgments, actually to judgment "shall be deemed not the entry into force "as the reason, this behavior is it not, as the judicial trifling matter? The act will have serious adverse effects on the judicial authority and credibility. Third, according to the withdrawal process does not comply with the relevant provisions of the Civil Procedure Law. Second instance court remanded the case after the first trial October 30, 2007, the plaintiffs and their agents attended the court proceedings. December 11 the same year, the case was the second trial, the plaintiff was unable to appear in court due to absence of its local agents present at the proceedings. Yun County People's Court found the plaintiff to appear in court after being summoned without justification refuses to participate in the proceedings, made by the process of the withdrawal decision. The ruling clearly improper application of the law, the plaintiff is not consistent with "unjustified refusal to appear in court," the case, ruled by the withdrawal process is clearly illegal. Fourth, in this case the preservation of property destroyed no accountability court seal. "Opinions" Article 108 stipulates: "the people's court ruled that the adoption of property preservation measures, except to preserve the people's court ruling to lift themselves and the higher people's court decision to lift the outside, in the period of preservation of property, no unit shall cancel the property preservation." "opinions" Article 109 states: "validity litigation property preservation ruling should generally be maintained until the entry into force of the implementation of legal instruments when only during the proceedings, need to lift the preservation measures, the people's court shall make a timely ruling cancel the property preservation. . " Case, the possession of a third party Pingmou Department of Housing dispute sets in August 2005, the original third party (later the retrial of the Third Party) Yim on September 4, 2005 the Department of disputed possession of a house. Case on January 9, 2006 filed by the plaintiff and guarantees, Yun County People's Court ruled that the adoption of property preservation measures, involved three houses were seized. The ruling occurred legal effect. It was strange that the case did not involve retrial verdict sealed housing process. In the course of the proceedings and the third party outsider tore houses seized seals and occupy houses obstruction of civil behavior has not been treated seriously affected the prestige of the judiciary. Fifth, the applicable laws vary. Judgment No. 119 August 22, 2006, and determined that "the effectiveness and Zhong Lin Wang Pingmou purchase contract, and the purchase agreement between and Zhong Lin Wang, as a result of violation of the mandatory provisions of the law, the contract is void." But the court and finds that: "between Fengmou and Zhong Lin Wang, the sale of housing contract between Lee and Pingmou though invalid, but their is no need to return the property invalid contract made." as for the dispute between and Zhong Lin Wang, the contract under the same nature of the case, the court return of property, the nature of the same contract dispute has made a distinct process, violates the principle of equal application of the law. Liu Chunmei, said: "procedural fairness is minimal fair, impartial due process is visible on the real justice has an important role in safeguarding the Court of First Instance in this case, there are many obvious in the first instance proceedings, serious breach of the law, the courts. illegal seriously affected the judicial authority, reduce the credibility of the judiciary. this is similar to the case should strictly forbid. "newspaper reporter Lei Yu 

Posted 10 years ago #
enh6r7wrei
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