Chapter 231: Layers of Rejection

Seeing that the third paragraph of Article 14 of the Measures for Payment of Litigation Fees clearly stipulates that the fees to be paid by the parties applying for preservation measures shall not exceed 5,000 yuan, Yu Wenhe has nothing to say. Pen, fun, and www.biquge.info

Closing the law book, Yu Wenhe nodded lightly and said, "Okay, I read the corresponding provisions, and the preservation fee is 5,000 yuan at most." ”

"However, if you apply for freezing real estate, according to the regulations, you should provide corresponding property as security for property preservation. Huang Yulan, what do you use as a guarantee? ”

Yu Wenhe no longer dwelled on the preservation costs, but asked Huang Yulan to provide a preservation guarantee.

According to the provisions of the Civil Procedure Law, the people's court may order the parties to provide security when property is preserved, but the law provides that it is "may", not "shall", that is, the court may order the parties to provide it, or it may not order the parties to provide it.

Huang Yulan looked dazed, and asked weakly, "What is the guarantee?" ”

Yu Wenhe explained: "If the court wants to go to property preservation, it is possible that the property clues you provide are wrong, and if you freeze other people's property and cause losses to others, then you will have to use your secured property to pay." ”

Huang Yulan was still confused when she heard this, and Li Chao said bluntly: "There are several types of guarantees, which can be mortgaged with real estate certificates, bank passbooks, or signed by someone for credit guarantee." That is, the court's measures to prevent risks, if the court freezes wrong, you can directly deduct your money. ”

Huang Yulan hurriedly shook her head and begged: "Where can I go to find the real estate certificate, I don't have a bank passbook, and it is difficult to find someone to sign as a guarantee!" ”

Huang Yulan is the type of weak woman who can't do anything and thinks about relying on others.

Looking at Huang Yulan's embarrassed appearance, Li Chao persuaded: "Judge, Huang Yulan's situation is more difficult, just forget about this guarantee?!" In any case, the court can decide whether the parties should provide property security or not. ”

Yu Wenhe's tone hardened, and he flatly refused: "That's not good." Our dean has repeatedly emphasized at the hospital affairs meeting that we must collect preservation fees and order the parties to provide property guarantees, otherwise we will be held accountable for handling the case. Check whether our case-handling personnel have taken the benefits of the client.

We don't want you to provide a property guarantee, and the hospital will think that our case-handling staff are doing something bad and taking any benefits from you, so I will help you! ”

Yu Wenhe's tone was not negotiable, so Li Chao had to take a step back and discuss: "President Yu, then make a credit guarantee, right?!" ”

Yu Wenhe said directly: "The house in Dongfang Xindi Garden is worth at least 2 million, if the credit guarantee is made, then Huang Yulan must find someone with such a guarantee ability." ”

Huang Yulan's face was embarrassed, and she muttered: "The people I know are all part-time workers, and it's difficult to ask them to help guarantee it!" ”

When Huang Yulan said this. The tone was a little coquettish, but unfortunately Yu Wenhe ignored it directly.

How many good people have been seen and how many sad stories have been heard by judges in handling cases, a heart has long been hardened, and their meager income does not allow them to overflow with compassion.

Huang Yulan saw that Yu Wenhe didn't care about him at all, and her face was aggrieved and tearful.

The atmosphere became thick in an instant, and Li Chao spoke to break the deadlock: "In this way, I will provide a credit guarantee for Huang Yulan." ”

"Huh!" Yu Wenhe was surprised, and looked up at Li Chao in surprise. Then he shook his head and said, "That's not good, you are Huang Yulan's agent, how can you provide her with a guarantee?" ”

Li Chao smiled and said calmly: "President Yu, the law does not stipulate that an agent cannot provide a guarantee for the parties. I can vouch for Huang Yulan. ”

Yu Wenhe didn't speak, and after pondering for a while, he said, "Okay, since you want to provide a guarantee for her, then go through the formalities." ”

Huang Yulan looked at Li Chao with tears in her eyes. He said gratefully: "Thank you so much, Mr. Li!" ”

Without further ado, Li Chao immediately wrote a letter of guarantee for Huang Yulan and submitted a copy of his ID card. According to Yu Wenhe's requirements, Li Chao completed the corresponding procedures.

After the rest of the text and review. Only then did he say slowly: "Wait, I'm going to report to our dean in charge for approval." ”

The court said that it was a judicial reform, but the trial practice has always been examined and approved at various levels, and the trial power has not been delegated at all. In addition, when the department was reformed, it was said that the salary should be 1.5 times that of ordinary civil servants.

However, in fact, because Shenpeng is a special economic zone and has a developed economy, the salaries of civil servants in the city are higher than those in the province, and after the people's and property of the court are under the unified management of the province, the salaries of judges in Shenpeng have fallen instead of rising, which has seriously dampened the enthusiasm of judges.

The judges in the inland are even more miserable, the monthly salary of judges in Shenpeng is more than 10,000 yuan, and the monthly salary of judges in the inland is mostly in the early 2000s.

The salary standard implemented by the judicial reform is also a basic salary plus 2 to 300 yuan, which means that the salary of judges is 1.5 times that of ordinary civil servants, which seriously deceives the feelings of judges.

Moreover, some judges complained that their income was low, and a group of people on the Internet shouted that migrant workers also have low wages, so if they are too low, you will get out of me!

It's sad to think about it, a society is so cruel to judges, judges' incomes can't even maintain a decent life, and they still talk about the rule of law.

In the face of high housing prices, heavy pressure on handling cases, excessive work intensity and public criticism, judges have changed jobs to become lawyers, which has caused various localities to quickly introduce a ban on judges to resign, especially in big cities such as Shenpeng and Beijing, where the loss of judges is quite serious.

In Huaxia, there is a statute of limitations for even the pursuit of criminal responsibility, but judges must be responsible for handling cases for life, and they will not be able to run away for the rest of their lives.

As soon as there is a flaw, the judge sits in prison. Therefore, the judges in Huaxia are very cautious in handling cases, and would rather sacrifice the interests of the parties than take the risks themselves.

For example, property preservation, now the whole country is very tight, for fear that judges will take the opportunity to go out to property preservation to accept the parties' invitations to eat and accompany travel, every judge on a business trip to handle a case must go to the discipline inspection team for the record, after returning to repeatedly explain, plus the funds are not guaranteed.

made the judge reluctant to go out for property preservation, so Yu Wenhe has been shirking, and Li Chao also thinks it is a reasonable thing.

Li Chao waited patiently in the office for half an hour, and Yu Wenhe walked in after the report.

Yu Wenhe sat on the chair and said slowly to Li Chao: "Our dean in charge, Dean Sun, did not approve it, and he said two reasons: first, Huang Yulan's case is a divorce case, and the verdict has not yet been determined, so it is not appropriate to carry out property preservation; Second, Huang Yulan applied to freeze the house of Oriental Xindiyuan, but the corresponding property rights of the house were not provided. ”

Now it is really difficult to apply to the court for property preservation, and when the management was not strict in the past, the court judge was more talkative, and most of the judges would help the parties to preserve the application.

At present, everything stresses procedures and examination and approval, but it has gone to the other extreme, beating to death with a stick, as if a judge is going on a business trip to handle a case, it is to get rid of corruption, so that judges have no enthusiasm in handling cases.

A boss once complained to Li Chao that he had a case of applying to the court to go to other provinces to seize the other party's property, which in the past, as long as the boss traveled for business expenses, he drove to accompany him, and most of the judges would help him to freeze it.

However, under strict orders, judges now do not dare to accept the travel expenses of the parties at all, nor do they dare to let the parties accompany them by car, and the judges have to approve and report on business trips, and the funds for business trips are small, and if they do not do well, they have to post upside down, and no judge is willing to go on a business trip to seal up.

Just because he didn't go to property preservation, the other party ran away with the money, which made the boss lose millions, and he was so angry that he jumped to his feet and scolded his mother.

Today, Li Chao also has this feeling, from the presiding judge to the president of the court to the president in charge, one by one setting up checkpoints just does not agree to go to property preservation, but people are in a hurry!

Li Xiaojun is not a fuel-efficient lamp, judging from the previous contact, Li Chao Court Li Xiaojun has bad water in his stomach, and he is hurrying to transfer his property if he can't keep it.

If the property preservation is not carried out in time, Li Xiaojun transfers the property, then Huang Yulan will lose a lot!

Li Chao didn't know that Li Wenjing had already reported to Li Xiaojun, and if he knew, he would definitely be even more anxious.

Huang Yulan looked anxious, she didn't expect it to be so troublesome to go to the court.

Huang Bo's face was flushed, this is angry, it is obviously a very simple case, why does the court repeatedly shirk, this is not a disguised protection of Li Xiaojun, who has no sense of family responsibility for Bao Xiaosan, but it damages Huang Yulan's interests? (To be continued.) )

ps: Hey, I also have a big head in the case of Huang Yulan. In the real case, I had to go to another place to seize the house for property preservation, and the court did not approve it for a whole month, and I was so anxious that I was scratching my hair. Tomorrow I have to go to the court to negotiate with the judge.