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發表於 2015-3-22 17:20:56 | 只看該作者 回帖獎勵 |倒序瀏覽 |閱讀模式
Red Net Zhangjiajie April 20 (Xiaoxiang Morning News reporter Xiang Jiaming) in September 2011, in Tanzania for a year back in Zhangjiajie Chung workers, together with his wife intend to go abroad to earn money, and behold, he returned located Wulingyuan residence area,air max outlet italia, but found the house empty, even the homeowner has changed. After asking, Chung knew that he and his wife were divorced Sangzhi County Court sentenced the house and custody of the boy are owned by the wife.
Bell was puzzled, after he had never received a court summons, the agent did not attend the hearing day, father was also confused. Upon review, Zhangjiajie City People's Procuratorate that there are at least Sangzhi court jurisdiction error, procedures illegal and other five issues, was made to lodge a protest in Zhangjiajie in the hospital. Zhangjiajie Intermediate instruction Sangzhi County Court retrial case and suspend the implementation of the original judgment. The case review hearing yesterday.
After returning home found themselves "is divorce"
Sangzhi County People's Court discipline inspection team leader, said the hospital had never encountered before marriage was a civil case Procuratorate protest, they will make the decision of the presiding judge of the original investigation.
40-year-old Chung is Sangzhi Maidiping, Sangzhi Qingfeng Village People, and Wang married in 2000,http://tazawa.net/mas/cgi-bin/ebs/bbs/bbs.cgi, have been living in the town of Wulingyuan District tianzishan tianzishan neighborhood. September 1, 2010, Chung went to Africa, Tanzania workers, according to company policy, employees home leave once a year. September 2011, Mr. Chung returned to Zhangjiajie Wulingyuan area straight son in elementary school,http://sibsolidarnost.ru/index.php?option=com_xijc&view=captcha, but his son's teacher told Chung, children do not do the job, tutor nobody. Chung wonder: his wife was not always at home?
That night, Mr. Chung came home, cooker,nike tn pas cher, TV and other appliances were gone,http://www.xmarks.com/s/site/www.tadayumi.sakura.ne.jp/apeboard_plus.cgi/ning,/, he has done some of the tools of hydropower also disappeared. Bell found his wife, Ms. Wang was asked to go to court because the court has sentenced them to divorce.
Chung was wondering, he never received a court summons hearing, did not agree to a divorce. A series of setbacks, Mr. Chung that is Sangzhi County Court sentenced them to divorce, and the housing and awarded full custody of his son's wife,http://home.ejiangtang.com.cn/space.php?uid=909419&do=blog&id=9501679, paid for by Wang 15,000 yuan discount their property.
Said this labeled "(2010) an early word Min Sang Act No. 287," the civil judgment, because the defendant Mr. Chung served with a summons to appear in court without good reason not to participate in the proceedings, as a waiver of court defense, the burden of proof, the right to cross-examination, the court granted the divorce, Ms. Wang and Chung, Wang married and have children from the custody of the accused to 300 yuan / month standard annual pay child support payments, while the common property - tianzishan neighborhood group to the days of the Bay of brick Cottage 4 wooden structure and all ancillary facilities owned by Wang, Wang Chung property of the defendant to pay 15,000 yuan discount.
Bell refused to accept this decision, prosecutors brought the complaint was made. January 9, 2012, Zhangjiajie City People's Procuratorate of civil protest in writing to that breach of the law there are at least five of the original judgment.
Court Bulletin published in a "People's Daily" Overseas Edition
January 13, 2012, Zhangjiajie City Intermediate People's Court ruled that the directive Sangzhi County Court retrial case and suspend the implementation of the original judgment. Yesterday, the case a retrial hearing, Sangzhi County Prosecutor's Procuratorate prosecutor Wang Lixin commissioned by the Zhangjiajie, read the protest in writing to appear in court. Wang Lixin, said after receiving the report, the prosecution believes the case is clear violation of procedure, immediately organized the investigation.
Wang Lixin believes that when Sangzhi County Court hearing the case, the work should be a solid point, but the lack of evidence provided by the program. Wang Lixin introduction, the court notice was published in the "People's Daily" Overseas Edition May 17, 2010, but after the announcement, the court should look with relatives of the accused.
[Both sides say]
For Procuratorate accused party time trial, the presiding judge handling the case in response to Chen Feng, Wang sued when the time,http://paddyshop.jp/honey/honey.cgi?mode=res&no=6520, told him entertained Wulingyuan District Court case,http://www.wazoo.jp/open/giravanz20130811game, the court considered the Chung household in Sangzhi before accepting; Chen Feng simultaneously said they did not identify Chung unaccounted through bulletin notification because they went to see Chung once, but did not find, as to why you want to be published in the "People's Daily" Overseas Edition, Chen Feng said it was the office of the Court Contact; judgment on the property, taking into account Chung Chen Feng said shuttle sangzhi not easy, for the house to spend thousands of dollars to do the valuation, they provide pictures with Ms. Wang,tn pas cher, according to the social experience made a $ 30,000 assessment yuan. Chen Feng concluded: "fined objectivity, no outside interference and mutual affection mixed factors, if the problem can only say that the level of business and lack of capacity, to consider the issue is not very comprehensive."
Prosecutors Prosecutors said Wang Lixin, the prosecution of a civil protest much, this is the first case in 2012 they handled. And sangzhi discipline head Wu Yuzhong County Court, this is their first divorce was a civil dispute prosecutors protest. Wu Yuzhong said the county people's congress has also been concerned about the case, and the letter to the court under the supervision of law enforcement, after the end of the retrial, the court Chen Feng discipline inspection team will investigate.
Procuratorate protest: the original judgment five illegal
Question 1
Sangzhi County Court in violation of the law, the jurisdiction of the error. Upon review, the Wulingyuan area should be for the two of habitual residence, and the property of the plaintiff and defendant are in Wulingyuan area, so the case should Wulingyuan District jurisdiction.
Question 2
Verdict violation of legal procedures. The plaintiff in the lawsuit, said: "Bell ×× Zhejiang workers now, in July 2009 to go home to my divorce," while the complaint was written in March 25,air max pas cher, 2010, should not be identified bell ×× missing.
Question 3
The verdict "Wang Zhong pay 15,http://www.kaientai.ne.jp,000 yuan discount ×× property" lack of evidence. Wang confessed judgment based on "repair now want three or four million" to identify housing value, and in accordance with the provisions of the parties of their claims, only I can not make a statement and other relevant evidence, not support its claims.
Question 4
There are enough new evidence to overturn the original decision. The verdict on the basis of Wang personal statement "must now repair four million 'to identify housing value, and in September 2011, Zhangjiajie property assessment valuation report issued by the company, the decision in question houses worth 306,314 yuan.
Question 5
Sangzhi County Court May 14, 2010 received a complaint,http://bbs.yixuekaoyan.cn/forum.php?mod=viewthread&tid=618056, but there is testimony confirmed Sangzhi County Court April 20, 2010 to begin gathering evidence Chung unaccounted for, has not received a complaint that the investigation, in violation of handling procedures.
Husband out, how do want a divorce
Hunan million and the joint law firm lawyer Li Jian, a husband working away from home, if they can contact on the child custody and property division can be agreed, agreed to a divorce; if you can not divorce, through divorce proceedings. As her husband missing, according to the "Civil Law", a citizen whose whereabouts have been unknown for two years, an interested person may apply to the court for a declaration that he is missing. Missing people and property by his spouse, parents, adult children or other close relatives or friends. Missing person owed taxes, debts and other charges payable,air max pas cher, payments from the missing person's property by the custodian. Citizen whose whereabouts have been unknown for four years, may apply to the court for a declaration of his death. Was pronounced dead, the marriage relationship, property relations are changes accordingly.
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