136. Economic disputes are turned into criminal cases
In the summer, there are three documents written in the office, of which two have been written: one is the "Report on the Application for Redemption of the Collateral of Xingsheng Printing and Packaging (Shenzhen) Co., Ltd." by Auction to the Legal Department of the Head Office, and the other is the "Request for Instructions on Shenzhen Haodang Co., Ltd.'s Application for Equity Transfer and Repayment of Loans" to the Business Development Department of the Head Office. Pen "Fun" Pavilion www.biquge.info
He was about to write the third copy: "Instructions on Submitting the Enterprise to be Sued", when two people stood at the door of the office, and one of them knocked on the door and asked, "Are you Manager Xia?"
Summer looked up at the person who came, but he didn't know him, so he asked, "What do you have to find him?"
The person who came was probably right, and came in and said: "Manager Xia, it's like this: I'm from BJ, and I'm Shao Hua's younger brother, called Shao Qing." Isn't my brother still staying in GZ because of a financial dispute with GZ Merchants Company? I went to them and met my brother. Their general requirement is: as long as my brother clarifies the contract money and your loan here, my brother can come out. I am here today to learn from you about this matter, and this is the lawyer I brought, named Ren Hua. ”
Xia looked at Ren Hua and heard Shao Qing introduce him, he immediately put on a smiling face, took out a lawyer's letter of introduction to Xia, and said to Xia: "I'm sorry to disturb you!"
Summer took the letter of introduction and saw that it read:
Special certificate for investigation by Beij Tiandi Law Firm
ID: 026
Shenzhen D Min's Bank:
In accordance with Article 7 of the Provisional Regulations of the People's Republic of China on Lawyers, Ren Hua, a lawyer of our firm, is hereby assigned to you to investigate through your bank the relevant situation of Shenzhen Taishan Industry and Trade Co., Ltd.'s loan to your bank to import steel products in February 1995.
Please support.
Sincerely
salute
North J Tiandi Law Firm (India)
16 May 1996
After reading the letter of introduction, Xia asked Shao Qing: "Did you see your brother at GZ?"
Shao Qing said: "Look, otherwise, how do I know that it is useful to find you?"
Summer asked again, "How do you want me to help you?"
Shao Qing said: "You can tell us about the loan at that time. ”
Summer said, "It's not difficult. ”
When he was talking in the summer, lawyer Ren Hua immediately took out the special record paper used for the interrogation transcript and prepared to make a transcript. Summer said to him, "You don't have to make this interrogation transcript. Because the other party is also doing this, and when you see the transcript of their visit to me, it is the transcript that you should know. I'll be honest. ”
Shao Qing said: "You have to seek truth from facts! Otherwise, my brother will ......."
When Xia heard Shao Qing deliberately pretending to be speechless, he immediately became vigilant and asked, "Otherwise, what would your brother say?"
When Shao Qing saw that Xia Xia was serious, he immediately smiled and said again and again: "Nothing, nothing!"
So, Summer introduced the two of them to the loan situation at that time.
When Shao Qing was leaving, he said to Xia: "Manager Xia, in order to facilitate contact, I will give you a phone number." Thank you for your kind attention!"
Summer felt that this was human nature, and it was a good thing to facilitate contact, so he transferred the notebook to Shao Qing, who was sitting opposite.
Shao Qing wrote in the notebook handed to him in the summer: "BJ Taishan Industry and Trade Company, Shao Qing, (010) 90548686 (hand), BP: 2578800 call 11706. ”
After a while, Xia sent Shao Qing and lawyer Ren Hua away with a bit of business, but Shao Qing's "otherwise..." and the smiling face that immediately put on his face after the summer cross-examination lingered in Summer's mind.
After Shao Qing and Ren Hua left, Xia continued to write his documents:
Instructions on the submission of the company to be sued
Legal Department of Head Office:
In order to further do a good job in the work of "two clearances" and revitalize the stock of credit assets, our bank has decided to intensify the efforts to repay loans according to law.
The first category, considering the credit risk, has to sue in accordance with the law or should be subject to litigation preservation: Shenzhen Furong Food Co., Ltd., Shenzhen Wang's Investment Development Co., Ltd., Wang's Industrial (Shenzhen) Co., Ltd., Today's Geely Electronics Co., Ltd.
The second category, enterprises that may receive certain effects through litigation and should suspend the statute of limitations: Shenzhen Shengya Industrial Co., Ltd., Jiamusi Investment Promotion and Development Co., Ltd., Dalisi Textile Trade Co., Ltd., Shenzhen Jinxiu Trading Co., Ltd., Eighteen Sons Industrial Co., Ltd., Shenzhen Wuhu Sihai Trade Co., Ltd., Longhai Hemp and Cotton Products Co., Ltd., and Zhonghua Color Printing Co., Ltd.
The third category is enterprises that combine coordination and legal means: Shenzhen Yufeng Jinlong Restaurant, Shenzhen Shenshan Rubber Pill Factory, Baodao Industrial (Shenzhen) Development Company, and Shenzhen 38 Co., Ltd.
Taking into account some practical problems encountered in the current work of repaying loans in accordance with the law (such as litigation, long enforcement time, temporary ineffectiveness, downturn in the real estate market, real credit risks that may be caused by the auction of collateral, etc.), our bank envisages that the above-mentioned enterprises will be reported in a unified manner, except for the first and second types of enterprises, which are recommended to enter legal procedures quickly, and other enterprises will be dealt with separately according to the coordination between the bank and the enterprise in accordance with the principles that are conducive to the elimination of credit risks, the balance of capital positions, and the realization of operating efficiency.
Our bank originally hired Shenzhen Guotai Law Firm to act as an agent in the litigation, and now intends to continue to hire the firm to act as an agent in the litigation.
Is the above request correct?
Please reply.
Appendix: Basic Information of Enterprises to be Sued
Citizen Bank Hubei Branch
18 May 1996
In the summer, I wrote the document and sent it to Wang Xianyao for review. Wang Xianyao has read a lot of things written in the summer, and he is relieved of his ability to organize words. He looked at the general situation and wrote "agree to report" on each of the three documents. "The words, I got it to the confidential room in the summer, and asked Han Xiaoniu to print it out.
When I returned to the office in the summer, I felt that I had to rectify the discipline of the department according to President Wang's opinion, so the following thing was formed:
Opinions on strengthening the attendance and performance appraisal system
Comrades of the Undergraduate:
The "Attendance System of the Citizen Bank" of the head office and the "Circular on the Violation of Discipline by Xie You and the Other Three" of the branch are now circulated to you. Combined with the spirit of the "Three Defenses and One Guarantee" Responsibility Letter and the opinions of the sub-branch on rectifying discipline, this department emphasizes that we must be good at transforming the lessons of others into our own experience.
Since the sub-branch team was in place, the three credit departments of the original service agency were merged into the Credit Division, and then the Planning Department was merged into the Planning and Credit Division. After a one-year run-in period between colleagues, during which the original personnel have been screened and understood, it should be said that no matter what shortcomings there are in the past work, the feelings between comrades are still relatively sincere and friendly, and you also have certain qualities. There are a number of comrades whose work is quite satisfactory. However, we also have a lot of faults, and although we have been kindly reminded many times at the section meeting over the past year or so, and even had individual heart-to-heart talks, some comrades have not changed much. In connection with the implementation of the above-mentioned documents, I would like to remind you of the following, which I hope will draw attention to.
1. It is necessary to completely get rid of the bad habit of loose work style developed during the past three credit departments, and to be vigorous and resolute in the work. If a person becomes a buffalo hide, it is three and a half catties when it is dried, and it is three and a half catties when it is soaked, it will be annoying.
2. The attendance problem should be paid great attention to. Combined with the characteristics of the work of the department, it is ready to report to the president to implement a workaround. As a general rule, you can clock in and out in the morning. However, no matter how good the card is, it is not of much use, and the key depends on the performance. During work, whether it is a business or a private matter, go out to tell me and make an auxiliary record. Field staff must have more than 15 days in the enterprise within 24 working days of a month, and cannot stay in the office and talk about nothing. At the end of the month, it is necessary to conduct an assessment according to the situation and performance of the next enterprise, which is the performance appraisal. This article shall be reported to the president for study and approval before implementation.
3. Pay attention to physical health and control the rhythm of illness. Everyone is young, and it is necessary to develop good living habits, and some comrades cannot sleep at night or get up in the morning, and this is the case for several months. If this continues, the Citizens Bank has not yet become a first-class bank, and it has lost the ability to take care of itself in life, whether it is suffering from neurosis or Meier's syndrome, it is estimated that it is difficult for doctors to figure out, and there is no specific medicine. As a colleague, it would be a shame for your family to see someone unable to work because of this.
In the future, if it is a minor illness, after reporting to work, it will be diagnosed and treated in the hospital, and the department can send someone to serve. If I call to tell the sick person that he is seriously ill, I can make a special trip to visit him and give him ten Washington apples to express my condolences.
4. Advocate truth-telling. There is no need to fool people with a set of "fake is true to be true and false, and there is no original," a set of fooling people.
5. All comrades in this section should pay special attention to the problem of excessive unity on the surface. Unity is important, but harmony is harmful to others and oneself.
There is no such thing as an indispersible feast, and when the adjustment period is over, when personal conflicts of interest are involved, a harmonious atmosphere will inevitably lead to greater problems. Everyone should compare their business achievements with the advantages of others, and they should see that others are working, and they have nothing to do and cannot sit still.
6. In my current capacity, it is not easy to write the above paragraph. However, if we do not change our style of work and mistakenly regard the tolerance of others as our own capital, it will not be conducive to our own development in Shenzhen. Therefore, I am patient to give you a written advice.
After reading this, if some comrades think that they cannot adapt to the above management methods and propose a transfer or resignation, they should be understood and respected; if they agree to do so, from now on, everyone should work together in the same boat and seek common development with a new look.
Please sign after reading:
summer
18 May 1996
After writing this thing down in the summer, he put it in a folder and asked Wang Yang to circulate it to everyone.
The article was circulated in the Planning and Credit Section for a day, and on the piece of paper, the following name was written in a flying dragon:
Wang Yang, Shu Guangrong, Li Guolan, Ren Erwei, Zhang Bo, Gao Youhua, Li Chaoyang, Huang Hualin, Qiao Yi.
Looking at the signature in the summer, it is really like his person: Gao Youhua writes with sophistication and stability, and lives like his temperament: he is honest, loyal, and conscientious, but he is relatively introverted, and he is not a person who often comes into contact with him, so he cannot see his depth; although Li Guolan has not read much, it can be said that he is the one with the lowest diploma -- he graduated from junior high school, is in his twenties, and is already a mother of three children. Her handwriting also writes about her rich experience, showing a rare sleek and steady, is an independent woman who can endure hardships, is good at communication, is pragmatic and realistic, and has an enterprising spirit; Crooked, although he has just been assigned, he may have enough ability to open up the situation, but the shortcomings of his personality are just like the words he writes, and it is estimated that they are also very prominent, at least he is a person who is not very broad-minded and at the same time more self-righteous; Shu Guangrong's words show the appearance of missing arms and legs, which already shows that his problem is also obvious: he is a man in the rivers and lakes, and his mouth is full of buddy atmosphere. She is a person who resolutely refuses to sober herself as long as she has wine to drink; Wang Yang's handwriting is hard but not very smooth, and others see her speaking softly and think she is a weak woman. In fact, her character is just like the words she writes, so strong and unbending; Ren Erwei, Qiao Yi, Zhang Bo, and Li Chaoyang's words are smooth and light, and they are full of naughty eggs, and they are eating under the eyes of the leader!
After reading it in the summer and tasting it, I actually laughed to myself.
Because the stall of the planned work was managed by Xu Donghai, he did not send the above thing to Xu Donghai and Xiong Zilun in the summer to circulate. just told Xu Donghai to convey the spirit of the report to Xiong Zilun, and Yuan Aiping had already left the Hubei branch at this time.