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and then at the petition decade

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Started 10 years ago by mlanf8727041

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mlanf8727041
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 Pile simple civil cases 13 years ago, because Shanwei Intermediate People's Court on suspicion of illegal auctions, cause between local courts and prosecutors about the auction is legitimate and effective, whether illegal disposal of state-owned assets and other issues still outstanding for up to eight years of "confrontation" Pengcheng Zhong from the party but also to become a billionaire running around, pinch-old petition households. & Nbsp; & nbsp; & nbsp; & nbsp; Although the case has attracted enough attention --- Shanwei Municipal Committee requirements, "according to correction," Guangdong Provincial High Court last year, will supervise the implementation of the case as the case of the provincial Supreme People's Procuratorate and the Supreme 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 a landmark 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 the harvest said, but added Pengcheng Zhong became a half of legal experts. More than ten years the ups and downs of life and well-being state of the world,http://bbs.dujiaonews.com/apps.php?q=diary&a=detail&did=2269908&uid=88631, condensed into piles of information and a sealed petition letter, there is a sigh, "a bitter tears Full of ridiculous statement," he said. As labor Feng Haifeng Shanwei Industrial Trade Company's legal representative, Pengcheng Zhong once billionaire,http://store.shopping.yahoo.co.jp/menscasual/n-tops-22-menscasual.html, real estate is not only open the first local people, but also has the first local hotel. In 1993, the company and the labor Feng Haifeng telecommunications, postal bureau two signed an agreement to build 10 a total of 26 sets of real estate. In 1999, due to the abundance of labor agreement the company could not deliver houses, sued its two Bureau of Shanwei City Court. In 2000, Shanwei Intermediate People's Court of First Instance decision, ruling Lao Feng Company repaid two innings mortgage 12.5 million yuan, and the money balance,scarpe mbt outlet, 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 in the next ten years, civil changed Pengcheng Zhong life. Property Auctions heavy doubts Execution of this case, the Shanwei City Court in 1999 has abundance of labor's estate were seized, 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, Haifeng auction house held its fourth auction. A week later, Pengcheng Zhong received (2002) No. 090 Shanwei Intermediate Court served on the Executive word ruling, ruled 26 suites and ancillary facilities for 4.65 million yuan by the other 26 people competing. Pengcheng Zhong finds fourth auction shady. He said that afternoon when arriving by their own auction site, "from 14:15 to 5:45, I line 3 and the auctioneer Zheng Guangyao, Chen Hong and silver together drink tea and chat, there was no one bidder to participate in the auction site auction. " In addition, the ruling said the book purchase price of 4.65 million yuan and assets appraisal firm to assess the price of 7.568 million yuan is also a huge difference. Received a ruling today,scarpe mbt outlet, Pengcheng Zhong Shanwei City Court on the dispute, but did not get 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 transfer of ownership of real estate will be auctioned to other 26 people's name. Executive wrong bicameral fight March 25, 2004, Peng Chengzhong on Shanwei Intermediate People's Court ruled that the auction objections, appeals to Shanwei City Procuratorate. He could not be expected, this paper caused complaints Shanwei Shanwei Intermediate People's Procuratorate for eight years, "confrontation." August 20 that year, Shanwei's Procuratorate issued a proposal to the Shanwei Intermediate People's Court. Recommendation said that after the review found that the final auction competing bidders who do not have qualifications, auction targets far beyond the scope of the subject of civil cases, and the auction house staff were also purchased by the auction house set. Accordingly, Shanwei Procuratorate complete denial "auctions valid," suggesting Shanwei Intermediate People's Court to correct. 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 five years since the implementation of the case in a suspended state. Shanwei Procuratorate not "polite" reply, said, "There is no statute, court documents Procuratorate response to the recommendations Procuratorate reply be answered." Moreover, Shanwei Procuratorate put more evidence, Shanwei Intermediate People's Court rejected the last reply in excuse, the second recommendation in the hospital to correct erroneous execution. This time, Shanwei procuratorate prevailed. Shanwei Intermediate People's Court when he was president, Chen admitted letter saying Sun May 19, 2009 issued by mistake, and begged to recover the letter. Third "battle" ensued. May 18, 2010, Shanwei Procuratorate reported to the Shanwei Municipal Committee review of the case, the court directed Shanwei investigators dereliction of duty, again proposed hospital "seize the self-correcting." A few months later, Shanwei Intermediate People's Court submitted a program for the implementation of this dispute. Program, said the hospital by the Review Committee to discuss the decision to revoke the ruling auction and auction confirmation ruling, ruled by law 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 Shanwei procuratorate does not agree. The reason is that the implementation of the program and there is a huge gap between the actual implementation, Shanwei Intermediate People's Court has not been illegal auction fact correct. Thus, the lawsuit ran aground again. Disputes Unsolved suffered another seizure Eight years, both houses of "Commander" locked in, but double whammy. Following 1999, the first seizure, March 21, 2006, Shanwei Intermediate People's Court once again seized located Haifeng Sea town through the city roads in the loess ridge built next to the bus station 3837 square meters of land use rights; April 2007 17, under the name of Peng total 1238 square meters of land and two buildings on the ground is appended seized. "Shanwei Intermediate People's Court seized property worth many times the prevailing assessment of the company's assessment, has more than 40 million, up to now, the value of 1 billion yuan,http://samuel.troncon.name/spip.php?article38, far exceeding the court requires payment of 11 million yuan." Pengcheng Zhong said it was obvious excessive seizure, has been violation of the "people's Court Supreme people's Court on the implementation of civil seizure, seizure, freezing of assets." Pengcheng Zhong believes that the event is actually the seizure of the substance of his constant petitions counterattack, not only brought him a direct loss of thousands of yuan, which is also his business reputation under attack. Because this lawsuit, this was the largest local private entrepreneurs suddenly become destitute. "The most time-strapped entire company only 1,000 yuan funds. There are friends,http://www.electrothermalheating-748013.adminkc.cn, and the money can only buy a bottle of wine, even to eat to be owed." Pengcheng Zhong thought of asking someone to borrow money to maintain the household expenses and operating company, but many people say: "Lao Peng to die, not to lend him money, he does not play." Pay attention to the layers of error correction yet 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 Shanwei law enforcement authorities to comply with the law. 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 on the case according to the law must be error correction, reminders last year issued a special letter to the Shanwei Intermediate People's Court tracking supervise the case to correct the situation. Guangdong Provincial High Court in July 2011 is also the case for the establishment of the Implementation Supervisory case requires Shanwei Intermediate People's Court case at any time to report the situation. The case also attracted the attention of the Supreme Procuratorate and provincial inspection. Even so, since it obviously relates to the implementation of the wrong case still has 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. Reporter telephone interview with the expression you want the case to the 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, involving many departments, heavy workload and we are trying, but it can not solve all of a sudden.." Who should pay interest to suspend the implementation of December 20, 2011, a dramatic scene from happening again. Pengcheng Zhong did not wait for a "fair reply," but wait until notification Shanwei Intermediate People's Court issued the execution of the principal and interest of the case. The notice said, because the case is legally effective time is June 11, 2001, so that by the time elapses Pengcheng Zhong notice shall pay interest 14,880,000 yuan. In this regard, Pengcheng Zhong puzzled: "After the prosecution investigation,karen millen dress, has informed the relevant authorities to suspend the implementation of the court ruling to suspend interest after how I could be borne by the addition, the implementation of the case from the start of the auction on the violation of the law.? , because then the interest caused by violation of the law should also be borne by those responsible for violations of the law. " Pengcheng Zhong own opinions formed an executive objections Shanwei Intermediate People's Court handed. 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, and then at the petition decade, I believe that the higher authorities always give him a satisfactory answer. Written / Photo: Southern Reporter intern Dengqian Hui Lin Tan & Nbsp,http://ezbim.net/ebim/forum.php?mod=viewthread&tid=1303383; & nbsp; Shanwei France seized both houses of eight "confrontation" & Nbsp; & nbsp; 2004 3 25, Pengcheng Zhong on Shanwei Intermediate People's Court ruled that the auction objections, appeals 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 "battle" are completed by correspondence. The first two to Shanwei Intermediate People's Court sent a letter in Shanwei Procuratorate enumerate the problems of illegal auction, including the auctioneer King was no legitimate bidder qualifications, the second one of the principal auction auction business director allegedly illegal, illegal disposal of state-owned assets. Third, Shanwei Shanwei Procuratorate choose a direct reporting Municipal Committee. Adhere to the two rounds, Shanwei Intermediate People's Court submitted a final implementation of the program, said the decision to withdraw the auction ruling. But the "correction" So far only on paper. & Nbsp; & nbsp; & nbsp; & nbsp; 1 Round & Nbsp; & nbsp; & nbsp; & nbsp; 2004 & Nbsp; & nbsp; & nbsp; & nbsp; Procuratorate: multiple auction court ruled illegal & Nbsp,babyliss curl pas cher; & nbsp; & nbsp; & nbsp; the court: "special circumstances" Auction valid & Nbsp; & nbsp; & nbsp; & nbsp; 2004 8 20, Shanwei's Procuratorate issued a recommendation to correct the proposal to the Shanwei Intermediate People's Court. Recommendation said that after the review found that the presence of the auction, Shanwei Intermediate People's Court case ruling in violation of laws and regulations, a complete denial of the "auctions valid," suggesting Shanwei Intermediate People's Court to correct. & Nbsp; & nbsp; & nbsp; & nbsp; proposals that, according to the transfer of bank account information is displayed, the auction competing human Lin Xiaoping deposits for longer than a predetermined time, and deposit accounts are auction cashier Cai's personal account, so I'm bidders do not have the qualifications and Haifeng auction the auction is a violation of the auction process. & Nbsp; & nbsp; & nbsp; & nbsp; secondly, to be auctioned land use rights area, Shanwei Intermediate People's Court commissioned to assess the results of 5184 square meters. But the abundance of labor in which the company actually has only 2566 square meters. Therefore, the hospital commissioned by auction the subject of not entirely right. In addition, it is auctioned east and west walls belong Haifeng County Haifeng County Civil Affairs Bureau and the Public Security Bureau all the martyrs cemetery, the hospital has no right to dispose. & Nbsp; & nbsp; & nbsp; & nbsp; Finally, the ruling of the Court noted 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 in the auction organized their own activities or entrust others to bid on behalf of the provisions. & Nbsp; & nbsp; & nbsp; & nbsp; Southern reporter was auctioned property cell door households month Hydropower payment information to see, Chen Hong Silver is the first seven A seat owners; the auction of 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 replies clarification: at 15 o'clock on the November 22, 2002, Lin Xiaoping bidders to carry 5 million in cash, and 45 million bank the deposit to the auction house bidding registration after the auction cashier charged a 50 yuan deposit. Lin Xiaoping put forward jointly commissioned by the 26 people to participate in bidding, auction referrals after passing the hospital agreed to, confirm their eligibility bidder. The auction will be held by 15:00, because no others bid, according to a starting price of 4.65 million yuan by the price of competing forest, site signed a "real estate auction confirmation." & Nbsp; & nbsp; & nbsp; & nbsp; of Shanwei Procuratorate questioned, Shanwei Intermediate People's Court explained that the auction in the afternoon, after the cashier charged the margin of the forest, into the deposit accounts in accordance with the practice established by his own name. In the dump process due formalities,http://yuzukko.room.ne.jp/~yuzuou/ametonamida/yybbs.cgi, cashier returned auction reports and asked Lin to go to a bank formalities. But that time is 2 pm, the auction will be close to the start time, I'm in the auction after the transaction is completed and signed confirmation, only to go to the bank to complete the formalities. The Court held that the fact that the margin to auction before the auction, has played a role in the actual guarantee, and therefore not against the law. & Nbsp; & nbsp; & nbsp; & nbsp; on Chen Hong Silver purchase is regarding the auction of assets, Shanwei Intermediate People's Court considered that this room is another commitment to buy, after the commission Lin Xiaoping took the transfer, happens to Chen Hong silver mother was housing narrow, and ultimately to his mother on behalf of the by the daughter signed an agreement to buy the house ghostwriter. By Chen Hong took the silver mother had told him to repay 100,000 yuan to buy a house, so I'm in receipt of receivables written on Chen Hong of silver. And Chen Hong Silver mother was older, inconvenience, I asked Chen Hong silver couple moved along, so Chen Hong of silver of the house with his mother to live, from beginning to end, there is no silver commissioned Lin Chen Hong in the bidding room. & Nbsp; & nbsp; & nbsp; & nbsp; whether excessive auction, Shanwei Intermediate People's Court that the auction subject area assessed as 6916 square meters, of which labor Fung company has land use right certificates for 2820 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 apply for a new certificate, the place is actually used, not only to improve procedures. In view of this, the Court found reason to dispose of the property. & Nbsp; & nbsp; & nbsp; & nbsp; 2 rounds & Nbsp; & nbsp; & nbsp; & nbsp; 2009 & Nbsp; & nbsp; & nbsp; & nbsp; Court: Procuratorate suspend non-response to the Executive & 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 Shanwei procuratorate sent a letter to the Court, Procuratorate did not think the results will reply in the hospital, 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, again evidence, before the auction Lin Xiaoping Unavailable 26 principal's name, power of attorney and ID card; 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",http://store.shopping.yahoo.co.jp/red-one/aa42d324aab.html, the funds are paid directly to the forest or company personnel,http://www.wanjiapu.net/forum.php?mod=viewthread&tid=10149, prior never signed the purchase agreement with the auction house, any formalities Lin Xiaoping to the auction house or,mbt outlet, where no real estate commission bid. & 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 assessed. Chen Hong and silver and certification of residential houses are back to Lin Xiaoping, the agreement signed with Lin Xiaoping and provide payment documents. Therefore, the "26 commissioned by the" one said there is a contradiction. & Nbsp; & nbsp; & nbsp; & nbsp; In addition, the Procuratorate Court to verify that the case of labor violations punished insufficiency abundance of corporate property, 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 auction notice specified time fundamentally guarantee funds and other restrictive effect. The investigation, since after the auction until November 2003, Lin Xiaoping pay 3 total amount paid 1.3 million yuan to the auction house, the rest no longer provide any funds or property to ensure that the remaining 300 million auction shall not guarantee actual recovery. But still in the hospital issued to Haifeng County Construction Bureau, Land Bureau to assist the implementation of the notice, it will be requested to transfer the ownership of real estate auction et al 26 name, holding the lead notice will assist in the implementation of real estate sold by sets of sanctions, income. & Nbsp; & nbsp; & nbsp; & nbsp; At this point, the Procuratorate of the People's Court made a second (2002) and France Shan Zhi Zi No. 090 Civil Ruling incorrect facts, 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 admitted letter May 19, 2009 statement issued by mistake, and begged to recover the letter. & Nbsp; & nbsp; & nbsp; & nbsp; 3 rounds & Nbsp; & nbsp; & nbsp; & nbsp; 2010 & Nbsp; & nbsp; & nbsp; & nbsp; Procuratorate: Politics and Law Committee reported to be held responsibility for dereliction of duty & Nbsp; & nbsp; & nbsp; & nbsp; Court: error correction scheme proposed but has not been implemented & Nbsp; & nbsp; & nbsp; & nbsp; 2010 5 18, Shanwei Procuratorate Shanwei Municipal Committee of CPC reported a case review. Shanwei Intermediate People's Court that the review has 6 errors during the disposal of the case in which the Court had involved three: one is the subject 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 the Public Security Bureau fence issue to recover income made, etc., and recommends an appropriate time to pursue Intermediate handling dereliction of duty personnel responsibility to promote fair law enforcement. & Nbsp; & nbsp; & nbsp; & nbsp; in Shanwei Procuratorate report was shortly after, Shanwei Intermediate People's Court on December 6, 2010 also reported the implementation of a program on the dispute. Programs that, due to the Court and Procuratorate view property auction property auction procedures and different evidentiary material collected 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 ruled by law ruled by the 26 housing units sell the company's own labor abundance. The resulting total price of the sale of 4.65 million yuan used to repay Haifeng telecommunications, postal two innings, one million yuan to the company as the abundance of labor go through the formalities of land use rights and other expenses, the balance to Lin Xiaoping as the outer housing renovation 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 Councils, company labor abundance, and both could accept, and will be implemented through coordination after the meeting. & Nbsp; & nbsp; & nbsp; & nbsp; the results of the two 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 there has been no illegal Shanwei Intermediate People's Court of auction fact correct. Thus, the entire case again stranded. Share: welcome to comment I want to comment Microblogging Recommended | hot microblogging today 

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