Channel Dong Autonomous County People's Court on September 4, 2003 to (2003) through Min Er Chu Zi No. 03 civil mediation, legal effect has occurred. March 7, 2013 Channel Dong Autonomous County People's Court Judicial Committee to discuss the decision made (2013) and then the people through word Civil Ruling No. 1, the hospital organized collegiate bench retrial case; to the hospital (2013 October 25, 2013 ) then the people through word No. 1 civil judgment. Li Cheng Shan, Wu Jiasheng refused to accept, were appealed to the Huaihua City Intermediate People's Court. Li Cheng Shan did not appeal the case acceptance fee prepaid within a specified period, Huaihua City Intermediate People's Court ruled that automatically withdraw the appeal process. July 17, 2014 Huaihua City Intermediate People's Court (2014) arms of the people and then No. 4 Final civil judgments. Wu Jiasheng refused to accept the Hunan Provincial Higher People's Court for retrial, the hospital made (2015) Min Shen Xiang Supreme Court the final word Civil Ruling No. 173 on March 26, 2015, directive Huaihua City Intermediate People's Court retrial case. Huaihua City Intermediate People's Court on July 8, 2015 to (2015) the arms of the people and then the final word No. 18 civil ruling, revoked (2014) arms of the people and then the final word Civil Judgment and No. 4 (2013) through the public again Chu Zi No. 1 civil judgment, back channel Dong Autonomous County people's Court for retrial. Channel Dong Autonomous County People's Court retrial after the September 26, 2016 to (2016) 1230 Early Republic of China Hunan No. 142 civil judgments. Li Cheng Shan appealed against the verdict to the Huaihua City Intermediate People's Court. March 6, 2017 Huaihua City Intermediate People's Court (2016) 12 Min Zhong Xiang No. 1497 civil judgments. Li Cheng Shan refused to accept the Hunan Provincial Higher People's Court for retrial, the hospital made (2017) on January 8, 2018 Min Shen Xiang No. 3241 civil ruling, rejected the application for retrial Li Cheng Mountain.
Every day and night, every bit by bit, every time helplessness and frustration of being rejected, are deeply engraved in my mind. In advancing the process of the whole case, regardless of what happens, I did not retreat, did not give up, I have been working for several years as one day, has always insisted that the final success!
When I again and again picked up the heavy pen For v five grievances grievances, so I could not help but burst into tears, hanged himself even want to walk away, but I did not want to leave my wife and children grievances of 244,032.41 debts of RMB did not want to shame Party training course of 30 years old party member, did not want to feel ashamed when they have more than ten years of passage County Court criminal Appeal Tribunal, the glorious history of adjudication supervision President / Branch level cadres. I firmly believe that, "grassroots corruption, higher levels have sky", Huaihua City Intermediate People's Court, channel County Justice Court corruption these facts, I hope superiors hammer attack and punish those believers capricious and arbitrary, it also we Huaihua, Tongdao of a blue sky clear sky ......
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User:
Hello!
After learning about you reflect Huaihua, there are two channels of judicial corruption court case has not been dealt with severely according to law according to discipline, the hospital attaches great importance to immediately organize personnel to conduct a survey to verify the situation, the situation now reply as follows:
First, the basic circumstances of the case
In 1998, Wu Gan Cheng Li * * four times to loan a total of 173,000 yuan, of which Wu * as a guarantor of the security of 16 million. After the contract expires, because Wu Gan * overdue repayment of loans, the borrower put Li Cheng Wu Gan * * * Wu sued the guarantor of our hospital. Our hospital presided over the mediation, the three agree as follows: * voluntary defendant Wu Gan in 2003 before November 4 * return the plaintiff Li Cheng of the loan principal 80,000 yuan, if the defendant Wu Gan * overdue restitution, the defendant Wu Gan * the return of the plaintiff Li Cheng * 173,000 yuan, according to the number of days overdue interest payments (interest on the loan contract interest rate calculation, considered to be returned so far). Our hospital made (2003) through Min Er Chu Zi No. 03 civil mediation in accordance with the agreement reached by the parties themselves. Since then, Wu Gan * No mediation by the contents of timely repayment, Li Cheng * to our hospital for enforcement, but in the implementation process, Wu Gan * No property available for execution, resulting in debt can not be repaid. As a result, Li Cheng * ED also reflect the demands of our hospital to dismiss the trial of civil mediation, and made dry * Wu owed 173,000 yuan principal and interest (interest is calculated according to bank lending rates over the same period), should be dry Wu *, * common repay Wu . In 2013, our hospital to discuss the judicial committee, organized collegiate bench decided the case should be retried, and make (2013) and then through word people Civil Judgment No. 1 on October 25, 2013: Undo (2003) through Min Er Chu Zi No. 03 civil mediation, trial the defendant and the trial the defendant Wu Chia * dry * loan principal and interest of the plaintiff Li Cheng * a total of 240426. 41 yuan bear joint responsibility to ensure repayment. * Wu refused to accept the appeal, Huaihua City Intermediate People's Court (2014) July 17, 2014 the arms of the people and then the final word No. 4 upheld the civil judgment. * Wu still refuses to accept the ruling, also the Hunan Provincial Higher People's Court for retrial appeal, to the Hunan Higher People's Court (2015) Min Shen Zi Xiang Supreme Court Civil Ruling No. 173 instruction Huaihua Court retrial of the case. Huaihua hospital on July 8, 2015 to (2015) the arms of the people and then the final word No. 18 civil ruling, ruled that the revocation (2014) arms of the people and then the final word Civil Judgment and No. 4 (2013) through the public again Chu Zi No. 1 civil judgment, and the case back to the hospital retrial. Our hospital retrial after the September 26, 2016 to (2016) 1230 Early Republic of China Hunan No. 142 civil judgment: maintain channel Dong Autonomous County People's Court (2003) through Min Er Chu Zi No. 03 civil mediation. * Li Cheng refused to accept the appeal was made to the hospital in Huaihua, Huaihua Intermediate People's Court March 6, 2017 (2016) 12 Min Zhong Xiang No. 1497 civil judgment: dismissed the appeal and upheld the original verdict.
Second, the problem should be noted
For users mentioned "(2003) through Min Er Chu Zi No. 03 civil mediation has no legal effect?" "Can you repeatedly retry a case?" Question, and upon inspection, the hospital made (2003) through Min Er Chu Zi No. 03 after the civil mediation, Wu did not dry * repayment and no property available for execution, so Li Cheng * to reflect the demands of our hospital, requested revocation of the trial of civil mediation and proposed owed Wu dry * 173,000 yuan principal and interest shall be dry Wu *, * Wu jointly repay. At the same time, part of the county deputies in understanding the merits of the case put forward on behalf of recommendations to the hospital that the mediation of the case only stated Wu dry * responsibility of the exposure, Wu did not specify the time as a guarantor * responsibilities so that the flaws of the mediation. Deputies suggestions and comments, both the Constitution and the law of the vital powers, but also representatives carry out their duties on behalf of the people in the management of state and social affairs, an important way to exercise their democratic rights. After behalf of feedback to the hospital, according to transact on behalf of suggestions, criticisms and comments relevant provisions of the work of a higher court, I listened carefully to the views of the courtyard of the deputies on the basis of a review case files, in 2013, according to "Civil Article 198 of the first procedural law "provides that the judicial committee tabled by the time dean Li Fu Jiang, the judicial committee after discussion, decided to organized collegiate bench of the case should be retried. Retrial procedures in full compliance with the law. The case has seen a retrial, appeal, appeal retrial, instruction retrial, remand and other procedures, but are in line with the provisions of "Civil Procedure Law" and the relevant judicial interpretation, and "violation of the law mentioned in the article do not exist, an offense contrary to the principles of justice program "situation. In addition, from the legal instruments in force to see the final, Wu * does not need to assume security responsibilities, so I mentioned in the text, "I do not want to leave my wife and children complain flexion 244,032.41 yuan debt" and "I'm a 30 years old party party standing state cadres, should not enjoy this unfair treatment, "the situation does not actually exist. In this, thank you for your concern and support for the work of our hospital, later if there are any problems with my unit can be directly reflected, we will deal with your problem.
Channel Dong Autonomous County People's Court
October 12, 2019
Reviewer: Channel Dong Autonomous County People's Court on 2019/10/14 09:33 1 floor