Legal Action 9: Argument with the President of the Eastern Assembly Court

On September 29, 2015, Dapeng came to the county court with the declaration, walked into the small glass window of the case filing hall, and saw that the female comrade was busy with something, and only waited patiently in order to respect her work. Perhaps she was alert and subconsciously raised her head and asked, "Is there something wrong with you?"

Dapeng said: "I sued you on May 12 this year for two civil lawsuits, one of which is a dispute over a compensation agreement for the resettlement of a demolished store, and the case has been tried for three months without a result. Another case is the removal of obstacles, the building I bought was occupied by someone else for a year and a half, because the building money was handed over to the two village committees, so the defendant can only sue the two village committees, and in the past four months, the East Assembly Court has only held one of the three summonses, please see the copies of these three summonses. ”

The female comrade said: "President Zhao is not at home, and there is no need to find the leader of the court, you can go directly to the Dongji Court to find the president." ”

Dapeng had no choice but to obey the instructions of the female staff, and after saying goodbye, he had to go home with the materials for lunch. Because the court staff went to work at 3 o'clock in the afternoon, Dapeng first registered downstairs in the courtroom, and it was the young staff member who hung up the phone to President Zhang, and the young man told him to go upstairs to meet the president to talk, but Dapeng went upstairs and deliberately walked to President Li's office, and he sat opposite the senior police officer to read the materials.

Dapeng asked, "President Li, is the case going soon?"

President Li said, "It's almost there. As he spoke, he looked up and down again to look at the material.

Dapeng said: "Eleven is a seven-day holiday. ”

President Li hummed absentmindedly, Dapeng saw that President Li was concentrating on reading the materials and had no intention of replying, turned around and walked out of his office, of course, leaving without politeness also expressed his inner disgust, the court has not been held for three months without mediation, it is not in accordance with the legal procedure, and there is no verdict so far, as if it is not a job.

Dapeng knocked on the door of President Zhang's office and walked in, of course, his heart was palpitating, and his face was not good-looking. President Zhang politely gave up his seat with a smile on his face, which may be the reason for the hearing of the three summonses, right?"

The president said: "After the first summons, the court session was delayed, and the second summons was inconclusive, and when I gave your son's friend's ID card, it was the big man who heard the court who asked me: Can the plaintiff's son be the legal representative at the next court session? ”

Dapeng said: "Since he is an observer in the courtroom, not only does he not have the qualifications to participate in the case, what right does he have to propose another trial and let my son be legal representation? Another question cannot affect the legal process for one and a half months after the trial, right?"

The president said, "You are already seventy years old, so I agreed to it given your age." You have also heard about this more than one month, and the court asked me to take a leave of absence for half a month, so it was delayed. ”

Dapeng said: "The last court case was very clear, first of all, I sued for a civil lawsuit, since 2011 I began to hand over the two village committees to pay the building in advance, six original documents and invoices, the total amount of the three buildings and garage is 564,000 yuan, and the defendant also admitted that all are true and legal." As of 2014, Hua Kuofeng has not spent money to occupy my building for a year and a half, isn't this possible to confirm the right to deal with it in court?"

The president said: "Didn't you kick Hua Kuofeng out of the courtroom as soon as the trial began?"

Dapeng said: "Before the trial, I submitted to the court as a plaintiff that I would hand over the building money to the defendant's two village committees.

And why are there other people sitting in the dock? This is against the court's procedures, and I protest! It was you, the president, who left the courtroom to ask how the summons was issued? When I came back, I just expelled Hua Kuofeng and his female agent from the courtroom, not me. ”

The president said: "That Hua Kuofeng is the defendant's application for a summons to come to court, and it can also be said that the defendant's defendant. ”

"No one has explained it to me, so I don't know why he's sitting in the dock," Dapeng said. ”

The president said: "Because it was Hua Kuofeng who seized your building, how can the court deal with it without his presence?"

Dapeng said: "The defendant in the complaint is not Hua Kuofeng, so how can the plaintiff confront him in court? It is wrong for him to sit in the defendant's seat, he can sit in the court seat, or appear as a witness for the defendant." ”

The president said: "Lao Zhang, do you think this is good, if you want to solve the problem, you have to let Hua Kuofeng participate, in order to solve the problem, it is best for us to take a step back, that is, not to earn that second-hand house with Hua Kuofeng." I'll bring you Kuo Zhou in two days and see if it's better to give you a set of floors from the first to the fourth?

Dapeng said: "It seems that the president, you don't know about the distribution of Huazhuang buildings, like more than a dozen houses that Huakuofeng has not paid, and Huakuozhou can't allocate buildings, he used to let me go to the sixth floor of No. 2 without paying, although the house is idle, but really I live in it, and the owner dares to use a knife." For Hua Kuofeng, he can participate in the trial, even if he sits in the dock, he is the defendant of the defendant.

I can't figure out why they are all afraid of Hua Kuofeng? Could it be that he has mastered major leadership issues during his tenure of office? In other words, if he embezzles more than 100,000 yuan in his official position, Article 267 of the Criminal Law is punishable by more than 10 years or life imprisonment, and Article 271 of the Criminal Law is also punishable by more than 10 years in prison for the crime of snatching 100,000 yuan or more. ”

The President asked, "Where did you work in the past?"

Dapeng said: "The director of the Qiqihar Station of the Shenkong First Army. ”

The president asked, "Why did you come to Shandong Huazhuang?"

Dapeng said: "I refused to accept bribes of 100,000 yuan four times, sent telegrams to the chairman of the Central Military Commission to accuse corrupt officials, and for this reason set up an all-army financial and economic discipline inspection office, the whole army audit bureau filed a case, and Air Force Commander Wang Hai led a team to investigate and deal with it on the spot. Well, let's not talk about the past, that is, in 2009-2010, the leaders of the senior people's procuratorate and reporters interviewed me six times, and only after my instructions did I have the eight buildings in Huazhuang, and some people say that the industrial park gave me a set of buildings, and the fact that six invoices of 564,000 yuan are evidence, and there is no false accusation of sending the building, and Hua Kuofeng should bear the legal responsibility for embezzling and robbing the building. ”

The president said: "This is not the beginning of the trial on October 16, you should wait patiently for another ten days." ”

Dapeng said: "The case on compensation for the demolition agreement has been open for three months without a result, and you are the leader of the court."

The president said: "I told President Li to make a judgment as soon as possible. ”

President Zhang said as he stood up and shook hands with Dapeng to say goodbye, and he also sent Dapeng out of the small door of the office. When Dapeng went downstairs and left the courtroom and rode on the electric tricycle, President Zhang had already driven his traffic police car to the gate of the courtyard, and it was possible that he was really in a hurry to leave.

When Dapeng returned home, he had a premonition that the two cases were under great pressure, because the relationship between the president and the cadres of the two village committees was exposed from the conversation, which was also expected before the right to prosecute; three years ago, Hua Xiaonan, the grandson of Hua Daqun, demanded the year-end distribution of land to the villagers, and at that time the two village committees were defendants who had invited guests and gifts, and the close relationship could not avoid favoritism, so what should we do? Can he check the supplementary evidence of the case handed over to President Li? If he does not check the forcible verdict, how can it be used as evidence? I can only talk about it after the seven-day long holiday of 11 November.

Dapeng came to the county judicial bureau on the morning of October 12, and walked into the hall to ask a female comrade what she meant, and before she could reply, lawyer Zhu came over, he looked at the materials and said: "Evidence can be obtained in civil cases with or without a lawyer's certificate, but we are the defendant's lawyer, so we cannot accept your application." Hey, isn't Huazhuang's case verdict?" he shouted at the female agent at the table opposite. "I don't know!." ”

The female agent said and nodded with a smile to Dapeng, which had nothing to say to the defendant's lawyer and female agent, so she silently walked out of the hall and rode home on an electric tricycle.

No matter how the case develops, there are still four days to go before the trial, and this time it is necessary to ask for a reply in court and remove obstacles in court to achieve immediate results.

See Legal Proceedings 10: Hearing the Case of Removal of Obstructions.