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Amend the relevant legal provisions can crack "enforcement difficulty", it is worth the wait. CFP for map
11 years ago, Yang won the lawsuit judged eligible Zhanjiang 5 million but a series of encounters left him accidentally became a country of farmers
Being modified "Civil Law" can break the "enforcement difficulty" chronic illness
No one wanted to provoke a lawsuit; got into the event, and no one wanted to win. Zhanjiang in Guangdong, one of Mr. folks, ten years ago is a multi-millionaire, but because of a paper in favor of the decision and the subsequent accidentally and suffered terribly, life is never recovered. 11 years ago, according to the verdict in favor, he may be awarded 5 million yuan, because the delay in the implementation, but now he has become a million "negative Weng."
Mr. Yang's experience highlights the troubled years of China's judicial "enforcement difficulty" chronic illness, also implies the idea has been launched "Civil Law" to modify the work.
Text / reporter Zhang Qiang
Zhanjiang Wuchuan City, known as "township of western architecture", after the reform and opening up, thousands of construction troops left home, went all over the country to undertake the project. Yang is this army of one.
Origin:
And economic and social cooperation shop "diplomatic ties"
The mid-80s, early 20s, Mr. Yang came to the Guangzhou Baiyun District Xinshi area to undertake the construction business. From the fragmented small live and began, after 10 years of hard work, Mr. Yang has a certain economic strength - in the construction industry alone will not do fine art, you must have adequate funding for the party a chance to pull large Loaning business.
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In 1997, 35-year-old Yang Guang Hua Road Jiahe segment found surrounding restaurants, the lack of accommodation facilities, produced the idea to open the hotel, they started looking for land. October 26 that year, he was associated with the new towns of the second side of the village economic cooperatives (Note: in July 2002, new towns revocation, the economic cooperatives currently owned Jiahe Street jurisdiction) signed the "lease contract" to obtain Guang Hua Leasehold Jiahe Road west and north of a commercial floor space of economic and social contribution of 200 million, less than some underwritten by the Yang, the two sides cooperate to build the hotel.
In the end, Mr. Yang as the infrastructure business floor advance of 1.77 million yuan, the two sides agreed this Loaning rent for a month after deductible 70% deduction last. Rear frame built,cinture hermes, he has spent about 11.09 million yuan were renovated.
November 18, 1997,ceinture d&g, the first floor of the hotel restaurant officially opened,jogging hollister, Yang named for its "Redgate hotel" sustenance own career expectations from this higher level of aspiration. In order to build the hotel, Mr. Yang also borrowed more than 400 million foreign debt.
The two sides against each other:
Invested 13 million shrink Qicheng
Redgate hotel business was good. Can not last, starting from the spring of 1998,oakley lunette de vue, the leadership of Mr. Yang and Economic Society because of a small misunderstanding Heart grudges, rapidly deteriorating relations.
Respectively year on May 26, September 8 and October 8, taken dumping of construction waste and other means to expel the guests according to Yang later described in the indictment, economy and society, so that the hotel can not be normal business. Year July 31 - August 26, the hotel was also cut off electricity.
October 14 that year, Mr. Yang's cash flow is broken, the hotel was forced to close down, due to the external debt in the body, Baiyun District People's Court seized part of the property on the second floor of the hotel.
A year later, Mr. Yang reported to the Economic and Social Guangzhou Intermediate People's Court for damages of 11.09 million yuan investment in the hotel, an operating loss of 4.63 million yuan, and unliquidated advance funds 1.03 million yuan.
Economic and social argued that: Yang in June 1998 - October unpaid rent (30% advance payment outside), breach of contract. Yang called all sorts of "disrupting the normal operation" of the act, no basis in fact, "the security team or villagers' behavior has nothing to do with the agency."
Given both stand for performance of the contract termination, June 19, 2000, the Guangzhou Intermediate People's Court of first instance verdict, the two sides advocate "good Hao San," after the renovation of existing hotel to assess the price depreciation of about 5.19 million yuan, taking into account the Yang Mr. unpaid rent at fault, economic and social needs Mr. Xiang Yang to pay 2.91 million yuan to the "footwall" hotel fixtures, movable part at the discretion of Mr. Yang. In addition,chapeau miami heat, the economy and society also have to repay 78 Mr. Wan Yuanyang had advance funds.
Two and a half ago invested nearly 13 million yuan, but only after two and a half to get back less than 400 million yuan, Yang refused to accept the appeal to the Provincial Higher People's Court.
Miscalculation of the decision:
Borrow money to repay the debt actually move bottomless pit
October 25, 2000,piumini peuterey, the Guangdong Provincial Higher People's Court made the final decision. It ruled that after the renovations are depreciated to assess the price of 5.19 million yuan, economy and society should be compensated 80%, or about 4.15 million yuan; plus outstanding advance funds and Yang had more pre-paid court costs, economic and social totaling Mr. Xiang Yang to pay about 5 million yuan.
This is the final judgment, Mr. Yang to accept it. At this point, had to borrow money to invest in the hotel when his creditors already brainer, impatient, they asked Yang to repay the debt. Yang thought borrow money to repay. The final judgment states that economic and social "shall be the date of the legal effect of this verdict within a month." The money paid to him,escarpin louboutin destockag, Yang thought, anyway,gucci occhiali da sole, you can perform five million yuan a month, he took the verdict , borrowed money from friends, "shattering."
Friends believe that there is a final verdict for protection,air max femme, and that five million yuan for Yang in terms of a "cooked duck" to the credibility of Mr. Yang, a month after he got compensation will pay back the money given to them, There is no hesitation to lend money to him. Yang borrowed a total of 300 million, he should bear interest 45,000 yuan a month.
Facts have proved that Yang and lend money to his friends are too optimistic.
Dispute:
5670000 economic and social interest should not pay
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November 26, 2000, deadline for the implementation of the CFA judgment given to the economic community in the day to pay a sum of compensation Mr. Xiang Yang, but the amount of let Yang disappointed - only 192,300 yuan, which is 5 million a far cry from the Executive Yuan of the total.
Over the next eight years, the implementation of economic and social have to pay money, pay three or four times a year, but each time only paid a few million to several hundred thousand dollars. He was thrown into a long dun career, he has repeatedly urge the courts to enforce,giubbotti peuterey donna, but failed to resolve one-off.
Days pass, Yang getting worried because he had in getting final judgment debt by $ 3 million, the monthly interest rate would need only 45,000 yuan. 45,000 yuan a month, a year is 540,000 yuan, from November 2000 to date, Mr. Yang total of this loan to pay 5.67 million yuan in interest.
In the meantime, economic and social has executed 30 times to pay him money, although a total of about 460 million, but the money was not enough to pay interest on his debt of that sum. 11 years, the implementation for the four judges of the Court office, Mr. Yang's case has been executed can not be fundamentally resolved.
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Guangzhou Intermediate People's Court of the relevant staff told reporters that the court has always attached great importance to the implementation of the Executive Board Mr. Yang's case, to ensure that the implementation of eight years after another paragraph arrival. For example, after Yang and economic and social cooperation rupture, economic and social the hotel sublet to others, in order to protect the interests of Mr. Yang, the court had locked the economic and social bank account, the contractor paid to rent the hotel direct economic and social transfer execution account. It is this accumulated bit by bit, which makes the implementation of Mr. Yang's case has been in a state of progress. Due to the implementation of economic and social object is the village, the court encountered great difficulties and obstacles in the course of their work.
The staff member also said that the main dispute is that Mr. Yang and the economic and social interest the implementation of this paragraph. 11 years later, Mr. Yang did not follow that the economic and social lump sum verdict execution models, and therefore should pay interest; and economic and social thought, they do not have the obligation to pay interest.
Currently,adidas calcio, there are more than 40 million of principal on the implementation of economic and social payments account court, Yang has been "not" pick up, he worried picking up this money means that "the principal has been paid," he He advocated for interest began to lose the foundation.
Difficulty in enforcement:
I would rather lose the original sentence
Telephone interview with reporters the president of the Economic and Social Yin Hongbin, 2000 when the economic and social and Yang lawsuit after he is not president, retired old president, he succeeded.
"We already paid the principal,escarpins louboutin, he (Yang) are asking us to pay interest, which is not justified from the judgment that we have to pay interest on it - No," Yin Hongbin told reporters.
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Reporters learned that Mr. Yang gradually get our hands on 4.6 million yuan plus court has mastered more than 40 million, the Economic and Social indeed had paid 500 million compensation stipulated judgment. But Yang's attitude is very clear: "the verdict obviously have to pay money to the economic and social requirements, within one month, they dragged on for eight years with eight years of 5 million yuan of five million yuan now can do the same breath. "
His legal basis, the "Civil Law" Article 229: "the person concerned fails judgments, decisions and other legal documents during the obligations of paying money shall pay double interest on the debt during the delay in performance." He believes that deferred pay back the money to pay interest is not only common sense, as well as the legal basis without the judge specifically stated in the verdict.
"Compound interest, scary people," if the law according to which, 5 million yuan of principal at the end of 2000 until today, the interest has accumulated more than 6 million yuan.
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For immediate predicament, Yang said: "If the court had been able to perform in place,air max thea, not only my interests can be protected, economic and social interest are not paid me so much now is a lose-lose situation,louboutin paris, because from enforcement cases. I missed the most prosperous decade construction. previous work together with friends are now developed, I was in this case slow death. "
"I am now at home in rural farming, the contractor tens of acres of fish ponds. Income is not high, all used interest also (4.5 million a month) is not enough. Looking back, I would prefer the court had sentenced me to lose, The hotel is sold, as long as able to pay off the debts at the time, I will not have to borrow that a monthly interest rate of 3 million yuan of debt in five. scratch, start all over again, I probably would have already stood up again Now that everything is late, I am old, already he stands up. "
"Civil Law" can modify the essay
Yang still anticipating court judgment. "Performing difficult" plagued China for years the chronic administration of justice, it makes judgments become "white." Over the years, whether practitioners or theorists, both on how to solve "hard to enforcement" put forward a number of recommendations made many beneficial attempts, but the root cause of the move, has not seen.
Recently, the deputy director of the Civil Law Committee of the National People's Congress Hu Jihua room to the outside world, "Civil Law" modification has been initiated,chaussure new balance, involving the question of amending the eight aspects, including the implementation of two aspects related with the civil cases .
First prosecutorial oversight. Procuratorate supervision of Civil Procedure is a system with Chinese characteristics, the existing provisions of Civil Procedure Procuratorate has the right to produce a legally effective judgment, ruling ex post supervision; there are voices within the system that, in order to ensure a fair trial of the case, should the Prosecutorial Supervision extends to things as well as before and during the execution to go. As a result, prosecutors can at any time to supervise the implementation of the Court.
Second, the execution order. In recent years, including leadership of Guangdong Province, including the court system, calling for separate legislation on the implementation of the voice it has been high. Once the "Implementation Act" introduced, implementation and review of Relief to dissent, and the implementation of the main problems in the auction, the auction procedures are expected to be better addressed.
(Edit: SN034)
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發表於 2015-7-11 20:35:27
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