It is said that a few months ago, after the Bao'an District Industrial Village Committee sent the "Application for Retrial" to the Supreme People's Court, it did not receive a reply from the Supreme People's Court. Two months later, Pen & Fun & Pavilion www.biquge.info received an enforcement notice from the Enforcement Division of the Shenzhen Intermediate People's Court requesting the auction of the mortgaged real estate. At this time, the industrial village committee again asked the Su public security officer in charge of the case for help, and after discussing with the relevant personnel, the Su public security wrote a reminder letter to the president of the Supreme People's Court in the name of the industrial village committee, complaining that it was inappropriate for the Supreme People's Court to accept the industrial village committee's application for retrial. The implication seems to be a bit of a complaint about the inaction of the people's court. After receiving the letter, the responsible comrades of the Supreme People's Court made some inquiries with the relevant departments and learned that the application for retrial had not been handled because the procedures for the retrial were not in order. At present, it is still placed as a type of letters and visits from the people. The responsible comrade then approved a few words in the blank space at the end of the letter: "Please follow up with the Second Tribunal to understand the case." And the letter to the industrial village committee. ”

As a matter of fact, the responsible comrades of the Second Economic Tribunal had already reviewed the case file and held that the verdict was not seriously wrong. After the president's instructions, he took the letter from the industrial village committee as the perspective of the people's letters and visits, faxed it to the Guangdong Provincial High People's Court for follow-up on the one hand, and wrote a reply letter to the Shenzhen Bao'an District Industrial Village Committee on the other hand. The content is: "The letter from your village committee to the main responsible comrades of our court has been received, and the president has approved the case to be followed up by our court. Our court has forwarded your opinions to the High People's Court of Guangdong Province for study and handling, please contact them. ”

As a result, the Bao'an Industrial Village Committee sent a lawyer to the Provincial High Court to connect with the retrial matters. Subsequently, the Provincial High Court decided that the trial supervision division would initiate the trial supervision procedure and retry the case. On May 31, 1999, Miss Zhao of the Provincial High Court made a telephone call to Chen Jiao's office of the Hubei Branch and faxed the Application for Retrial from the Industrial Village Committee.

After reading this splendid masterpiece that was transferred to the Provincial High Court in the name of the Industrial Village Committee to the Supreme People's Court in the summer, I couldn't calm down. I am thinking about what kind of wording will be used with legal counsel Hao Wenting to refute these specious remarks, so as to restore the truth of history and the innocence of the bank.

However, he said that Hao Wenting, the legal counsel hired by the Hubei branch of the Citizens Bank, is a legal professional who has achieved great learning. This young lady is not pretty, but she always speaks softly when talking about the case, and speaks with evidence, even if she has different opinions and argues with others, she will not use too hasty tones and exhaust her efforts. Compared with some lawyers who are currently representing lawsuits, she likes to express radical opinions in language, and her introvertedness is a sign of confidence.

In fact, as far as Hao Wenting's personality traits are concerned, she has also achieved the result of being superior in her studies.

Hao Wenting grew up in the Inner Mongolia prairie, the birthplace of the people on horseback, and the family lived a difficult life when she was a teenager, and she worked hard with the nomadic family all day long, in addition to training her strong will and healthy physique, it also made her skin look dark and old, so she was not a beautiful girl. Perhaps it is precisely because of this that after she was admitted to the law department of a key university in Beijing, she did not have the hobby of dressing up that girls often have, but plunged into the stacks of books and swam in the sea of knowledge with hunger. Therefore, she is not good-looking, but she has won the respect of her classmates and teachers in her studies, and has become a leader in the whole department. After graduating from university, like her nomadic family, she felt constrained by joining the relatively formal civil service and had little interest in becoming a lawyer, so she became a professional lawyer who relied entirely on her own ability.

That afternoon, Chen Jiaojiao of the Hubei branch asked her to come to the bank the next morning to discuss with Xia and others the issue of proof and assertion in the retrial of the loan dispute case of Bao'an Welfare Bed Industry Company.

The next morning, she came to the Hubei branch as promised, met with Xia and Chen at Chen's office, listened to what Chen said on the phone of the Provincial High Court, read the "Application for Retrial" of the Industrial Village Committee, and then said to Chen and Xia: "I don't think the problem is big." They sent the "Application for Retrial" to Beijing, but they had already made a mistake in the procedure. Don't look at the sensational words they used in this "Application for Retrial", if this was during the Cultural Revolution 30 years ago, it might have involved people like notary offices, loan handlers, and presidents, maybe at that time, people like Manager Xia who also participated in loan approval would inevitably be dragged into the street and paraded in a high hat or something. However, now that the building of the country's legal system has reached a scale, in the courts, they can say theirs, we can say ours, and judges still have to rely on facts to accept them. ”

Xia asked: "Lawyer Hao, from a legal point of view, in what ways do you think their article is more objective?"

Hao Wenting pondered for a moment and said: "This time they don't say a word about the 1 million yuan that the industrial village committee has already received, obviously they still have concerns; in addition, although they keep saying that the loan procedures are illegal, they have no substantive evidence against the bank and the handling personnel. Therefore, the so-called fraud case, if established, only occurred between the industrial village committee and Chen Lianping, and had nothing to do with the bank. This is very good for us. ”

Summer said with a smile: "They investigated four loan handlers and approvers, but they didn't find anything beneficial to them." In fact, we really wanted to do this loan from the perspective of supporting the disabled to start their own businesses, and the investigation was relatively well done, but we didn't expect it to be like this in the future. ”

At this time, Chen homework asked Hao Wenting: "Look, from which angles is it better to write our defense opinions?"

Hao Wenting said: "I don't think there is any need to present evidence, and what we have to do now is to refute the new points they put forward in the Application for Retrial." First, whether the mortgage is an expression of the true meaning is evidenced by the certificate of the village committee and the fact that the loan of 1 million yuan is sub-loaned. Second, is the loan procedure legal? Until now, no law enforcement agency has denied its legality. Third, this loan dispute should be transferred to the public security department for investigation on the issue of whether or not to apply criminal priority. I don't think there is much to say, but at this point, other issues are up to the judge to judge and draw conclusions. ”

After listening to Hao Wenting's words, Xia said, "I think it's okay." In fact, this captures the core of this case. ”

Chen homework said: "Then ask Lawyer Hao to work hard, write a clear proof, and review it with Lao Xia, and then send it to the Provincial High Court in the name of our bank." How?"

Hao Wenting said: "No problem, I still have some things to do now, and I will take some time to write in the evening." Tomorrow or the day after tomorrow will bring it over and finalize it, it's too late. ”

Summer smiled and said, "It's going to be hard for you." ”

377. Tough response to the retrial case of the industrial village

A few days later, the retrial defense written by Hao Wenting, which was deliberated by Xia Xia and others, and sent to the Provincial High Court in the name of Hubei Branch, was finalized, and the full text is as follows:

Several opinions on the application for retrial of the industrial villagers' committee of Bao'an District, Shenzhen

High People's Court of Guangdong Province:

The case of Bank v. Shenzhen Bao'an District Welfare Bed Industry Co., Ltd. (hereinafter referred to as "Welfare Bed Industry Company") and Shenzhen Bao'an District Industrial Villagers' Committee (hereinafter referred to as "Industrial Village Committee") over a loan contract dispute was concluded by the Shenzhen Intermediate People's Court (1997) Shen Zhong Fa Jing Chu Zi No. 1170 Civil Judgment and the Guangdong Provincial High People's Court (1998) Yue Fa Jing Er Shang Zi No. 170 Civil Judgment. The judgments of the two instances were as follows: the Welfare Bed Industry Company repaid the principal of the arrears of 3.2 million yuan, as well as interest and penalty interest, and the industrial village committee used its three houses as collateral.

After the final judgment of the Provincial High People's Court came into effect, our bank has applied to the court of first instance for enforcement. Not long ago, after receiving a telephone notice from the trial supervision division of your court, our bank sent a special person to your court to learn that the industrial village committee had submitted an application for retrial. In this regard, the Bank would like to express the following opinions:

1. The Mortgage Contract signed between the Bank and the Welfare Bed Industry Company and the notarized Mortgage Declaration issued by the Industrial Village Committee for the above-mentioned loan contract are legal and valid, and are legally binding on all parties to the contract. The facts ascertained in the judgments of the two instances were clear and the law was correctly applied.

On the grounds that the mortgage in this case was not an expression of its true intentions, the industrial village committee inferred that the mortgage relationship established in this case was invalid. In the appeal petition of the second instance and the application for retrial, the industrial village committee mentioned twice that in 1994 it signed a "Cooperation Contract" with another company of Chen Lianping, the legal representative of the Welfare Bed Industry Company, to jointly borrow funds, and provided Chen Lianping with the identity certificate of the legal representative, two copies of the legal person's authorization certificate, one copy of the "Mortgage Statement", two copies of the "Application Form for Mortgage Registration" and three copies of the stamped blank letterhead. In this regard, our bank believes that: First, the intention of the industrial village committee to cooperate with Chen Lianping's company to borrow funds is true, and it objectively exists that it provided Chen Lianping with a number of original legal documents, and as for which company to borrow in the name of the company and how much to lend, the industrial village committee is laissez-faire. Second, cooperative borrowing of funds is an act that is expressly prohibited by Chinese law and should be punished, but the industrial village committee has used this illegal act as evidence many times and repeatedly to try to prove that its so-called "true intention" is one and not another, which can be described as well-intentioned. Third, Chen Lianping applied for a mortgage loan with the real estate of the industrial village committee, and the industrial village committee was aware of it, and in this case, the second-instance appeal submitted by the industrial village committee recognized that (Chen) only paid 1 million yuan to the industrial village committee. The industrial village committee avoided mentioning this important fact in its application for retrial, and its intention was clearly revealed.

In the application for retrial, the industrial village committee admitted on the one hand that it had issued a power of attorney for Chen Lianping, and on the other hand, it claimed that the notarization matters were added by Chen Lianping without authorization, and then proved that the mortgage was invalid. In this regard, article 16 of the Opinions of the Supreme People's Court on Several Specific Issues Concerning the Application of Law in Economic Trials stipulates that even if "even if there is insufficient evidence to prove that the agent has been authorized by the agent, if he signs a contract with a third party in the name of the principal and using the official seal of the principal, the special seal of the contract or a blank contract stamped with the official seal of the principal unit, the contract shall not be invalid unless there is sufficient evidence to prove that the agent and the third party have colluded in bad faith." "What's more, in this case, Chen Lianping acted with the authorization of the principal, and the rights and obligations arising therefrom should be borne by the principal.

2. The Bao'an Notary Office mentioned by the Industrial Village Committee in its application for retrial was "obviously negligent and at fault" and "the notarization was obviously untrue". Our bank believes that notarization is a document with legal significance issued by the state notary public in accordance with the law, and it is premised on the authenticity and legitimacy of the facts. Although there were several alterations in the notarized "Mortgage Statement" issued by the industrial village committee, all of them were stamped with the proofreading seal by the notary office, and the seal of the retrial applicant and the signature of the legal representative Zhang Jinxiu on the statement were all authentic, a fact that was not only evidenced by the authenticity and legality of the notarized documents, but also recognized the authenticity of the industrial village committee during the trial and investigation by the court of second instance.

This case has lasted nearly three years from the first instance and the second instance to the current investigation, and our bank has not seen any legal document confirming the invalidity of the notarial deed. Taking 10,000 steps back, even if the notarial deed is revoked due to the fault of the notary office, the notary office should be liable in accordance with the notary regulations and notary procedure rules, and has nothing to do with our bank.

3. This case is an economic dispute case, and the Provisions of the Supreme People's Court on Several Issues Involving Suspected Economic Crimes in the Trial of Economic Dispute Cases do not apply.

The provisions of the Supreme People's Court clearly point out that only the act of stealing or misappropriating the official seal of the unit, the letter of introduction, the blank contract with the official seal, or the official seal of the unit privately engraved to sign an economic contract constitutes a crime. In this case, as many as 12 original legal documents used by Chen Lianping were provided by the industrial village committee, so why was there fraud?

To sum up, the reason why the industrial village committee filed an application for retrial was that, on the one hand, the Welfare Bed Industry Company only distributed 1 million yuan to it after the loan was completed, and did not reach the agreed amount as promised, and on the other hand, because the Welfare Bed Industry Company was unable to repay the loan, and the execution of the mortgaged property was imminent.

In view of this, in order to safeguard the legitimate rights and interests of the Bank and ensure that the state-owned assets are not illegally occupied, the Bank respectfully requests the High People's Court to independently exercise its judicial power in accordance with the law to ascertain the facts and reject the application for retrial of the industrial village committee.

Sincerely

Shenzhen Minxing Bank Hubei Branch (India)

10 June 1999

Xia was very satisfied with this defense opinion, and after printing the document, he assigned Ren Erwei to drive Hao Wenting to Guangzhou to coordinate the retrial with the Provincial High Court. In the summer, Hao Wenting got into the car, and the car immediately drove out of the parking lot of the branch under the driving of Ren Erwei.

This small amount of loan brought endless troubles to the summer, and even drank the "Zhuangxing wine" placed by President Wang Xianyao after the Xili Lake meeting, as if he was about to enter the game. In the past year, the summer has been hovering between the opportunity for promotion and the possibility of his own problems, but after twists and turns, he is as proud as Mount Tai and is at the head of the tide.

Thinking of these in the summer, I was warm for a while, and at this time, the poems of the ancients Wei Yingwu immediately rippled in my mind:

The heart is far away from the wild crane and the dust, and the poem is like curling to see the bottom clear.

Summer thought in my heart: Looking at this poem in terms of my state of mind and situation, the word "same" was changed to the word "such as", the word "and" was changed to the word "away", and the word "poem" should be changed to the word "thing" to be more appropriate, and a sentence should be added: right and wrong can be learned in the end, and joy, hatred, sorrow and happiness are really related.

The whole poem can become:

The heart is like a wild crane far away from the dust, and the thing is like a curling stone;

Right and wrong can be learned in the end, and joy, hatred, sorrow and happiness are really related.