Opened a matter which Beijing high-quality court directs two to sue two principles ü curtain/Wang Weipingthis company not directly for to kiss has delivered goods the leather clothing oil with the company, original, the defendant in June, 1996 signed the agency agreement not actually fulfilled and so on.
(Abundant news on March 15, 2007 first round - supports this article author/reporter)
My name am Wang Weiping, is a demobilized soldier. In December, 1969 enlisted, in 1988 changed career, then duty for camp level.
After the career change, I have not waited to depend on the national assignment work, but is finds one's own profession or job, cooperated with the person sets up Beijing to kiss with the public relation firm (hereafter refers to as: Kisses with the company), Beijing extreme gathers the day Yuan advertisement company (to hereafter refer to as: Advertisement company). Not once thought that, persisted the good faith treats people, legitimate management I, (is September hereafter referred to as in, 1997 by an illegal Taiwanese businessman - Xi'an three Germany industry product limited company: Three German company), deceived more than 780,000 Yuan. (Abundant news boxun.com)
In management, is deceived is not certainly fearful, because 20 years army legitimate education tells me: China is the country under the rule of law, the court is maintains the society to be fair, the fair incarnation. Therefore, we in August, 1998, proposed the prosecution to three German company. This main points of a case Beijing Chaoyang District court first trial, the second intermediate court trials in final, the reexamination, mentions the appeal to the high-quality court, returns by the Chaoyang court second prosecution, the second first trial, the second intermediate court second time trials in final, the Chaoyang court execution, until now consumes when nearly 9 years. Two cases sue the legal cost, judge travel on official business make merry and the travel expense, attorney spend and so on, causes us to go to the expense several ten thousand Yuan.
Some who can think that, The top of the head national emblem, the shoulder shoulder the balance, bragged fair, the fair court society in swindler, the hoodlum is worse than, I am am harmed by them lose everything, am heavily in debt, over 50 year-old I, now must depend on all 79 year old of parents to support.
First, three Germany does not have Germany illegally, breaks a promise (case cause)
In June, 1996, three German company take a half cash half goods way, the request advertisement company issued "the sheep sign" in the Central Committee Television as it the leather clothing oil product advertisement. Because of the advertisement company the management scope limit, has no right to sell the product, three German company then with kissed signs with the company approximately to be engaged and the company is three German company Beijing area general agent company's agency agreement. After the contract signs, three German company with kisses with the company, the advertisement company agrees together: By kisses sells three German company with the company proxy to use for sufficiently to arrive at the advertising expenditure the leather clothing oil, kisses sells after the company, with volume the and so on advertising expenditure part directly will pay the advertisement company, other profits will turn over to kiss with the company.
From from October, 1996 to May, 1997, three German company will deliver goods for the advertisement company's leather clothing oil receipt, exactly right opened to kisses with the company name under, altogether 14 sales industry special-purpose increment duties receipt, total amount 1,371,816.00 Yuan.
In order to as soon as possible Calculated makes the moneythe leather clothing oil sells, kisses holds the complete set proxy procedure with the company which three German company writes up, leans develops the market with all one's strength. Three German company written confirmation that, Until for 1996 year's end, kissed flushes with the company in the Beijing more than 200 markets shops goods sale arrives at the advertising expenditure the leather clothing oil, the sales volume 50 ten thousand Yuan.
Because three German company delivers goods the quantity too to be many, guarantees in the value time in the product not to be able to sell for,1,997 years on September 16, three German company suddenly mailed the large quantities of signs note production date is August, 1997 leather clothing oil product marking, wanted us to paste on the leather clothing oil iron box which this company 1,995, in 1996 produced, by this change product actual production date.
Because we are not willing to cheat, three German company general managers heat Germany to be abundant (the note: The Taiwan person) was advantageous for on September 25, 1997 by the own handwriting letter form, three German company to October 25, 1997 by the official letter form, had to kiss with the company will give up its proxy, will keep in stock the leather clothing oil and the Beijing market gives three German company, the increment duty receipt also together handles the tax reimbursement, three German company will lend pays kisses with the company. In view of the fact that this situation, kisses with the company to in the same year on September 25, on November 16 two time writes in reply the expression complete agreement. To this, by three German company own handwriting letter, the official letter and kisses with the company writes in reply the returned goods which the form works out, pays the loans contract legally to establish.
Who knows, three German company actually borrows kisses with the company with Beijing each market Check cargo, the inventory stock preparation returns goods opportunity, seized by the factory status has kissed spent the most difficult foundation after the company the market, refuses fulfills its initiative pledge the returned goods, pays the loans duty, caused to kiss with the company keeps in stock the massive leather clothing oil to be unable to continue to sell, still owed the advertisement company more than 780,000 Yuan advertisements funds to be unable to pay.
Second, the court corrupts practices, twists the balance
In August, 1998, kissed with the company take three German company own handwriting letter, the official letter as the fact basis, proposed the prosecution in the Beijing Chaoyang District court to three German company, merely requested the court sentenced makes three German company to fulfill with kisses the returned goods which finally signed with the company, pays the loans contract, the payment sues the legal cost, and proposed the lawsuit property preserved.
On October 23, in order to explain three German company must kiss the leather clothing oil long and short of the story which returns goods with the company, the advertisement company also legally to the court proposed takes this case common plaintiff's application.
Three German company to kisses with company's prosecution with the Chaoyang court agreed the advertisement company took the this case common plaintiff proposes the objection, and in the objection book and in later contradicting, will evade the mouth not to discuss its in September, 1997, in October wrote for kisses with company's own handwriting letter and the official letter, transferred Indulges in unbridled propaganda
On April 23, 1999, the second high school courtyard sends back three German company's objection appeal the Chaoyang court to examine again. After 11 months, the Chaoyang court force advertisement company withdraws the lawsuit application, otherwise does not give holds court.
(1) Chaoyang court brave
From October, 1998 until now, the Chaoyang court successively traded three judges actually not to try to kiss sues the document with the company, and made the value more than 780,000 Yuan leather clothing oils which the origin lawsuit property preserved seals, completely expired discards.
The Chaoyang court also forces to kiss invests the up to ten thousand Yuan with the company, for its judge half year is a cycle, five time goes to Xi'an to freeze three German company the bank account. Specially third Judge Zhang Junqiang, continues on April 3, 2000 to Xi'an's to freeze three German company the bank account, while convenient gives this company to deliver holds court the subpoena, second days unexpectedly by four star classes ancient capitals new world big hotel which already enters, the Taiwan hotel which moves to three German company general managers to heat Germany as abundantly as Xi'an when frequently stay. Judge Zhang in Xi'an only two days, must kiss with the company reimburses for it besides the hotel spends, the dining entertainment spends 1,211 Yuan, Changsha to Fuzhou plane ticket two 1,260 Yuan, the Xi'an hiring steam ticket reaches as high as 550 Yuan (this to have when this judge comes back, attains kisses receipt which reimburses with company for card).
The civil action trial principle is: The litigant sues any court to examine any. But, after Judge Zhang Junqiang this the adult has enjoyed the Taiwan person Taiwan hotel "the star class" the service, adjudicates a case when unexpectedly has not tried to kiss with company's prosecution, but is being suitable the defendant, tries three German company contradicts when just now to pull, the litigant originally does not exist the agency agreement dispute comes, and rapes the public opinion according to arrive the agency agreement dispute document plaintiff kisses with on company's head. More fearful is: This judge unscrupulously uses the authority, will kiss with the company with three German company which will submit for the support lawsuit submits the evidence not same 14 evidence, including will kiss with the company can to three German company propose the prosecution basis - three Germany company's own handwriting letter, the official letter as well as will kiss with company's two writes in reply all gives hides does not examine. Front moreover, adjudicates a case, the Chaoyang court obviously removes the advertisement company outside this case, after holds court, Judge Zhang Junqiang actually thin thin only is tries three German company to deliver goods the leather clothing oil matter to the advertisement company. Judge Zhang emphasized over and over that, After this case needs to wait for this courtyard manager civil trial Vice-President Lu Guihua to go abroad kisses decides. And Lu Guihua comes back, the Chaoyang court to December 8, 2000, after concluded the purchase and sale contract has not fulfilled the way (namely purchase and sale contract signs, between litigant has not had cargo and loans intercourse), determines three German company with to kiss the agreement proxy behavior agency agreement which signs with the company not actually to fulfill, must kiss the goods by three German company which draws back with the company, was three German company issues the advertisement company is the excuse, the decision rejects has kissed with company's prosecution.
(2) second high school court unseemly behavior
After Beijing second intermediate court then chief the name was called Li the gram (official to rise Beijing high-quality court vice-president, presently rises high for People's Republic of China Supreme People's Court directors of the political department, vice- level), extremely could do the propaganda. How now lets us have a look this position to educate chief and its general's subordinates' judge which the others obeys the law is adjudicates a case, to decide a case:
1) second trials judges deliberately distort the law
Second trials judges to ultra, in order to shield the lower court, outrageously refuses newsman to audit adjudicates a case. Original on March 5, 2001 9 AM hold court, the litigant and ten reporters when 9 45 minute only then sees its form, only saw her to check the litigant both sides status, listened to kiss with the company reads the petition of appeal then to wind up things hastily, around only ten minutes, from this time on again did not dare to hold court.
But under, kisses with the company have to through the written form, to this judge in detail introduced many times the case and emphatically pointed out: "The first trial decision intentionally conceals the evidence, specially the litigant finally achieves the returned goods, pay the loans contract, its examines certainly is not kisses with the company sues, is the model to distort the law the referee".
But, Judge Yu does not attend to kisses with company's according to reason resistance, equated on May 21 has plagiarized the maintenance original sentence which a first trial decision resembled.
2) places on trial supervises judge to distort the law to become second nature
The trial supervises Judge Cui Xiaochang, gets up in December, 2001 takes over reexamination this case. This judge the age is not big, the insult, makes fun of, creates obstacles litigant's original story not to be small. She two time summons me to converse, with teaches the criminal to be same. This judge is in the wrong and out of arguments the time pet phrase is "refuses to accept you to look for the high court, to look for the procuratorate." Moreover, on May 27, 2002 afternoon I request to examine test papers, Judge Cui said: "The first trial dossier already returned, your looked for the Chaoyang court to want." When second day we rush the Chaoyang court knew that, Cui Xiaochang morning just went to work arrives this courtyard to transfer the dossier.
In order to cause this judge "ancestor paternal grandmother" the comprehensive understanding case, we submit the written material by the post office special delivery way to it 5 to be next many. Good Judge Cui, distorts the law to corrupt practices does not have by duplicate Canada. Her abuse of power, unscrupulously changes the legal rule second trials lifelong system the first trial system, enters the trial monitor program when this case, only then primary tries three German company the own handwriting letter and the official letter, also already does not hold court, also does not want the litigant mutually to question witnesses, entire Lawless operation. This judge in is the people all can from three German company own handwriting letter, in the official letter content, distinguishes these two letters is three German company writes for kisses with the company or in the advertisement company's situation, disguises muddled not to be able to judge, finally on September 9, 2002 rejects kisses with company's appeal.
3) intentionally shifts responsibility onto others knows wrong does not change
From from July, 2001 to December, 2002, we also repeatedly gives Chair Li Ke to write a letter, requested he tries to this case to appear distorts the law to corrupt practices the event to pay attention. Until December 9, 2002, this is busy to sets up the oneself glory leadership image, craves chief which Deceit propaganda to the news, finally arranges it under Zhao Jun presiding judges to represent him to converse with us. In the conversation, the Zhao presiding judge flankly acknowledged Original interrogation person, trials in final the decision to examine non- sues, and indicated must report to chief. When second day telephone inquiry result, the Zhao presiding judge actually said that, Since you have already handed over Tells treats unjustly the book to the Beijing high court, and so on the high court examines situation, if the high court sends back the case, we change.
(3) high-quality court insult loudly "Wen Jiabao calculates a fart"
On November 26, 2002, we have transmitted Tells treats unjustly the book by the post office special delivery form to the Beijing high-quality court. Before this hereafter, we also intentionally violate the fact by each kind of form to the Beijing court to do distort the law referee's behavior to propose the accusation and the reporting, successively has Jia Qinglin, Luo Gan, the Wen Jiabao three incumbent Politbureau members has forwarded our accusation, the reporting material. Some who can think that, on October 14, 2003, the Beijing high-quality court unexpectedly shouts abuse: "Wen Jiabao calculates a fart."
(4) for covers the misjudged law case, the high-quality court more walks in on the illegal crime path far
Under our relentless accusation, the reporting, on May 20, 2004, the high-quality court finally delegates its execution courtyard presiding judge field imperial jade seal, Deputy Chief Judge the Chen sea gull and so on, asks us to operate "the round table" to the high-quality court the conference. At the meeting, the field presiding judge publicizes to us acknowledged that, Original sentence mistake!
The original sentence since, legally has mistakenly sent back examines again or changes the original judgement.
Perhaps is for does not affect when for the high-quality court Vice-President's Li gram continues to win a promotion, covers up the Chaoyang court, second intermediate court group judges and the leader intentionally violates the fact and the law does distorts the law the referee, the high-quality court does not give a thought to "a matter does not have two to sue two principles" the legal rule, take threatens and bribes as the method, forces to kiss with the company sues three German company once more by the identical fact and the reason to the Chaoyang court. Its organization, the engineer namely director which enjoys the vice- bureau level treatment for the high-quality court direction room, distorts the law the expert Li Great Yuan.
The high-quality court first is threatens the road: "If will kiss with company's appeal sends back examines again, definitely can delay the very long time, possibly causes three German company to hear the news the shift property, kissed in the end with the company wins a lawsuit actually cent money also not to be able to take". Subsequently tempts with the promise of gain the road: "The high-quality court already convened the Chaoyang court, the second intermediate court held a meeting, their vice-president personally arranged at the meeting ' kisses sues three German company with the company not to hand over sues the legal cost and the lawsuit property again preserves the expense; Must quickly decide a case, true Protects QinHe Corporation and the company sues the first trial to win, to trial in final the victory once more, lets kiss as soon as possible attains the money with the company ' ". The high-quality court added that, "As for you in high court's appeal, treated sues three German company you to win again has decided, we ruled again reject."
On June 28, 2004, the Chaoyang court put on record courtyard presiding judge Cao Zhigang for to kiss on own initiative makes the phone call with the company, the strength please kisses with the company second days directly asks him to handle sues three German company once more the procedure.
At the appointed time, the Chaoyang court really has not gathered any sues the legal cost, and in has not had to kiss with the company proposed in any guarantee situation, implemented the lawsuit property to three German company to preserve. Afterwards, high-quality court execution courtyard Deputy Chief Judge the Chen sea gull, two sued holds first trial presiding judge Guo Liru (Chaoyang court civil court presiding judge) to tell us: Has frozen three German company bank deposit the Chaoyang court to Xi'an six, 700,000, seals up automobile four, but also has other properties, guaranteed kisses capital and for seven years loss expense which demands with the company, a cent money all cannot be few.
Three German company when first trial reply, in refuses to accept to hold first trial the decision in the appeal book, strictly reprimands a court matter two to sue two principles illegal crimes. Kisses with the company after knew a matter two sues two principles procedures illegally, also to January 21, 2005 to the Chaoyang court proposed withdraws a suit the application, also proposed to the second intermediate court the similar request, all has not actually obtained pays attention.
On January 31, 2005, the Chaoyang court first trial decision kisses with the company wins, sentences makes three German company to equal pays kisses with the company Renminbi more than 1 million Yuan. On December 20, 2005, the second intermediate court trials in final the maintenance original sentence. The first trial, trials in final total consumes when for a year half. If the high-quality court legally sends back the misjudged law case examines again, two examines examines limits each is three months.
Two examines the court the decision quibble evilly to say that, Formerly the court tried was three German company with kisses fulfills the question with company agency agreement item of under, this time tried is three German company with kisses "the returned goods returns the funds" with the company and so on many matters concerned, therefore did not belong to a matter two to sue two principles.
On March 16, 2006, the high-quality court the reason which by same year Zhang Junqiang, Yu Chao, class of the Cui Xiaochang compiles, rejected has kissed with the company on November 26, 2002 requests retrial the application.
(4) we have the warrant to believe the court and the illegal Taiwanese businessman mutually collude with
On January 4, 2006, kissed with the company rests on "the litigant to refuse to accept already to have the legal effect decision not to affect the execution" the stipulation, requested the Chaoyang court enforced to three German company. Is responsible for judge which carries out the name to be called Su Bin.
Judge Soviet in with has not kissed contacts with the company, is far from with kisses checks with the company should carry out in three German company how many amounts situations, has gone to Xi'an to March 20, 2006.
On March 27, 2006 the afternoon, Judge Soviet said to us that, line of the his Xi'an has carried out three German company more than 60,000 Yuan money.
When we mentioned "high-quality court Deputy Chief Judge Chen sea gull, Chaoyang court presiding judge Guo Liru to us said has frozen three German company six, 700,000 Yuan" when? Su Bin Dao: Who you which said with you ask who to go, they in July, 2005 went to Xi'an only to freeze three German company more than 10,000 Yuan money in any case, moreover more than 50,000 Yuan, were after has frozen three German company's bank account, also changes to in three German company account the money.
When we closely examine: "Seals up where 4 automobiles and did other properties all arrive to go?" Su Bin Da: From makes of car looked that, 4 vehicles already were the old not good broken vehicle, value several money, therefore has not gone pursues. In addition, has not frozen three German company's other properties."
Su Bin Judge then said that, Lives east the Xi'an wild goose tower area he when to three German company north the meter road section two, discovered three German company already did not know to, the house has opened Overthrows the flat land; Has looked up he to the Xi'an bank, three German company has lent 6 million Yuan after the agriculture business slips away, the agriculture business is being worried for this; Had asked he to the Xi'an bureau of industry and commerce, three Germany's company in 2004, in 2005 continuously two years not for years examined (the note: The industry and commerce year examines is the latter year examines previous year); Understood he to the Xi'an Taiwan work office, once cooperated vice-chairman for Xi'an three German company chairman of the board warm to ascend richly (heats the German abundant younger brothers), after in 2002 returned to Taiwan again not to come back.
Judge Soviet added that, Heard three German company now opens several small restaurants to sell the soybean milk, the cruller, all cannot open including waiter's wages.
Su Bin Judge is Xi'an which in March, 2006 arrives, but, north the meter road the section two present units' people says according to the Xi'an wild goose tower area east to us: Three German company in May, 2006 only then moves to north Xi'an Fengcheng by this site two groups. We see: East north the meter road the section two three Germany company has used the building and the workshop in there, only have also traded the new master.
Moreover, we look up from in the Xi'an bureau of industry and commerce file, three German company chairmen of the board warm ascend rich in September, 2004 also in Xi'an, the management company board of directors and the own handwriting signature document.
Also, three German company now opens certainly to be sure several small restaurants, but is in the Xi'an well-knownness quite high, greatly has with KengDeJiFood name,MaC$donald one compared to dining shop, people so long as live at home from the Xi'an downtown area lotus lake road with the Ming Dynasty palace building materials process and so on city, Taiwan warm records the dining shop the advertisement particularly to be striking. Although these dining shop by the original capital enterprise Xi'an three Germany industry product limited company, changes for the domestic capital private enterprise Xi'an rich auspicious industry limited company; The legal person represents also warm ascends by the original Taiwanese businessman richly, as soon as changes by three German company Assistant Manager Chen reads holds the post, two changes by three German company staff Zhang Baoshun holds the post, but so long as as soon as inquired to these family stores in, the staffs proud said: Our this is business which the Taiwan person opens, boss is heats Germany to be abundant, two bosses are warm ascend richly.
Has, at this point, three German company each kind of specification "sheep sign" leather clothing oil, shoe cream also in Beijing many markets sales.
By on obviously, the Beijing high-quality court takes advantage of the nowadays China society, judicial corrupt nobody can manage, nobody dares the tube, did not have takes into consideration has played "the cat seized the mouse" the game with us. One side them forces kisses two sues with a company matter, at the same time the instruction Chaoyang court, the second intermediate court delay the trial, remains for three German company has the sufficient shift property time. So, also has escorted Li Ke Vice-President director of the political department Rong Shengdao supreme court vice-minister the level throne, has patted his horse fart, but also protected the court one batch to distort the law referee's judge, finally let kiss fetches water spatial with the company bamboo basket.
The law is maintains social justice, the fair last defense line! But, the current this historical period, guarded this defense line the court unexpectedly to become corrupt has been heavy, became the manufacture miscarriages of justice the factory, became the destruction society harmonious main armies, became Chinese and the Chinese people hostile influence vanguard. Is precisely they breaks the law, illegal becomes second nature, only then causes the broad masses to lose the trust to China's law, and forces the tens of thousands of law-abiding citizen, must not step onto road of the misery incomparable appeal.
Many people all were saying that, Now files the lawsuit to the court, when is collects the court and judge distorts the law referee's evidence. Kept these sureproof evidence, when criticized the court and judge the evil time use, when again did recalls past suffering the education time use.
We already were exposed to the sun Beijing the court, the second intermediate court, the high-quality court examine non- sue as well as a matter two sue two principles the crime evidence completely to reorganize, soon mentioned the appeal, and rested on "People's Republic of China Constitution" 41st with "People's Republic of China Criminal law" 399th, 36th and so on the correlation law, the laws and regulations, to the Beijing three levels of courts illegal crimes proposed the accusation and the reporting, simultaneously requested investigated was involved in a case judge's criminal activity and the supplementary civil compensation responsibility!
From all walks of life asks respectfully the society to pay attention to this case development.
Needs to consult this case court written judgement and to kiss with the company demands, three German company replied and so on the correlation lawsuit copy clerk, please relates with us. From saves the funds the angle to embark, we by the email method, will send out the email address which you will assign.
Our email address is: Qinheorg@hotmail.com
The telephone is: (010) 81.627015 million (small is quick)
Contact person: Wang Weiping
The part and this case have the direct connection personnel and contact method:
1. heats Germany to be abundant, Xi'an three Germany industry product limited company general manager. Lives the Taiwan Jiayi city to make up MiTuo RoaD 162 lanes 39 to make 30. Opens in Taiwan has: The entire German leather clothing factory limited liability company, Beethoven construct the limited company. Telephone (008,865) 2.777081 million, 2.768376 million);
2. warm ascends richly, Xi'an three Germany industry product limited company chairman of the board, Shanxi Province Xi'an cooperates vice-chairman. Heats the German abundant younger brothers, the Taiwan person, the address and the contact method is unlucky;
3. armed forces are strong, this case as soon as sues holds first trial judge, presently is exposed to the sun for Beijing the court execution courtyard executive officer, the office telephone (010) 85.998955 million, conversation room telephone: (010) 85.998864 million;
4. to ultra, this case as soon as sues trials in final judge, now as before holds public office in the Beijing second intermediate court, but specifically does any and the contact method is unlucky;
5. Cui Xiaochang, this case as soon as sues reexamines judge, the Beijing second intermediate court places on trial surveillance courtyard judge, the telephone (010) 87.622741 million;
6. Dong Huanxin, this case as soon as sues reexamines judge, the Beijing high-quality court puts on record courtyard judge, the original telephone changed, the present telephone is unlucky. Or puts on record courtyard presiding judge Meng Xiang with this courtyard to relate, telephone: 13.90117085 billion;
7. Guo Liru, this case two sues holds first trial presiding judge, Beijing is exposed to the sun the court civil court presiding judge, the telephone: (010) 85.998029 million;
8. weeks cut, this case two sues trials in final presiding judge, Beijing second intermediate court civil court presiding judge, the telephone: (010) 87.622569 million;
9. Su Bin, this case executive officer, Beijing is exposed to the sun court execution courtyard executive judge, the office telephone: (010) 85.998517 million, conversation room telephone: (010) 85.99893 million;
10. Li Great Yuan, Beijing high-quality court direction room director, telephone: (010) 85.268656 million;
11. fields imperial jade seals, presently for Beijing high-quality court execution bureau bureau chiefs, telephone: (010) 85.268601 million;
12. Chen sea gull, presently for Beijing high-quality court execution bureau assistant commissioners, telephone: (010) 85.268602 million.
Beijing kisses with public relation firm Wang Weiping [ abundant news first round, reprint please gives the source ] - supports this article author/reporter(abundant news boxun.com)
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