Legal Proceedings 2: Before the lawsuit is filed against the court
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Since Dapeng submitted the complaint to the county court on 12 May, Judge Zhao changed the six pleadings into two lawsuits, and because it was a civil lawsuit, it was a problem to arrange for the case to be accepted and governed by the Dongji Court? Three years ago, when the chemical plant's occupation of the chemical plant, Huajianan, and the two village committees were engaged in a lawsuit in the Dongji Court, Dapeng was authorized by the cadres of the two village committees to serve as legal agents to write a reply, and he confronted the plaintiff Hua Jiannan in court with more than 20 village representatives.
Ten years ago, the plaintiff became a regular employee with 28 young people in the village's Evolution Factory, and each of them also took one acre of land in the village as capital to become a land occupier. Now they enjoy the treatment of three insurances and five guarantees in the chemical plant, with a salary of two to three thousand yuan per month, and their demands are to enjoy the year-end distribution of 5,000 yuan per person in Huazhuang villagers, and this unreasonable demand comes from the fact that his uncle Hua Daling was bribed to become the deputy director of the village after he was released from prison, and from the fact that his grandfather Hua Daqun served as the village accountant and cashier for more than 20 years.
The Dongji Court ruled against the plaintiff Hua Jiannan in accordance with the law, and the claim was not supported. The defendants of the two village committees are Hua Kuozhou, the branch secretary, and Hua Daodao, the village director, because they won the lawsuit because they wanted to go to the restaurant with the president to eat, please express their deep gratitude. At the banquet, Hua Daodao, director of the village, proposed to President Zhang: "Because the chemical plant occupies more than 300 acres of cultivated land in Huazhuang, there is a contract as evidence, in order to solve the environmental pollution of Huazhuang Village caused by production, the carbon slag produced every year will be given to Huazhuang villagers as economic compensation free of charge. In fact, only a few years of contract implementation, since 2000 has been more than ten years of factory non-implementation of the contract, every year Huazhuang only carbon slag loss of several million yuan a year, this is a big case of the county's public security and law units know, I suggest that the president of the Dongji Court Zhang can accept the case for Huazhuang. ”
A few days later, Hua Daodao, the village director, came to the computer store and introduced the above experience to Dapeng.
Dapeng said: "It is inevitable that the lawsuit with Huajianan will be won, which is closely related to the interests of all the villagers in Huazhuang, and it is not an exaggeration for the Dongji Court to handle the case in accordance with the law." However, the Dongji Court has no jurisdiction to accept the case of breach of contract by the chemical plant, and even the Dongcheng County Court cannot hear the case. You must know that legal cases have jurisdiction, the chemical plant is now a chemical group of six plants, headquartered in Liaocheng, the director of the original contract is now the chairman of the chemical group, and the only way to file a lawsuit is to file a complaint with the Liaocheng Intermediate People's Court, and the defendant is of course Chairman Zhang of the original contract. ”
Since that conversation, the village director and the branch secretary have not mentioned the case of suing the chemical plant for carbon slag in the contract, it may be that because of the relocation of the East Rubber Factory, they violated the land occupation contract, and they asked Dapeng to write a complaint to solve the case in front of them first, but what will happen to Dapeng and Vice President Wang of the East Rubber Factory after more than a month of negotiations?
Let's start with the fact that on May 12, 2015, Dapeng filed a lawsuit with the Dongcheng County People's Court, because after the case was filed, the civil lawsuit would inevitably be accepted by the Dongji Court, and Dapeng raised an objection to President Zhao of the Case Filing Division, because of the special relationship between the defendant and the Dongji Court, it cannot be said that he cheated from it, but it is possible that the case will be delayed for a long time. In addition, the village director once proposed that Huazhuang Village should establish a long-term lawyer service, and he took Dapeng to the law firm on the south side of the computer store twice, and it is said that the lawyer Zhu was a relative of the village director's lover.
President Zhao of the county court graduated from a law college and arranged to work in the court's enforcement division, and has handled several cases for Dapeng in the past ten years, and now he is responsible for the work of filing legal cases, and in order to dispel Dapeng's concerns, he promised that as long as the Dongji Court does not handle the case in accordance with legal procedures, he can come to the court at any time to report problems to him.
On May 23, 2015, the Dongji Court called and informed Dapeng to go to the Dongji Court immediately, because it was already more than four o'clock in the afternoon, Dapeng went downstairs to open the garage door, launched an electric tricycle, closed the garage door with the remote control, and rode to the Dongji Court. In the courtroom mailroom, Officer Zhou issued two summonses, one was 2015 Dong Min Chu Zi No. 649, the cause of the case: housing demolition and resettlement compensation contract, and the court session was held at 9 a.m. on June 29, 2015. The other is 2015 Dong Min Zi Chu Zi No. 648, cause of action: removal of obstructions, trial time: 10:30 a.m. on June 29, 2015, the same day of the two cases.
Dapeng asked, "Why wait until more than a month later for the trial?"
Officer Zhou said: "Look at my table full of case bags, this is also the result of the numbered trial." ”
As a matter of fact, this bailiff Zhou is also a people's assessor, and Dapeng seems to know him but does not know him, didn't Zhao from Liuwa Village sue the two jurors of the Dongji Court? Zhou's name uses homophones, and there is also a female juror's original name with one word missing, and this is reflected in the flaw in the verdict of the Dongcheng County People's Court, the national emblem of the People's Republic of China.
Since Dapeng received a summons from the court, the defendant village committee, party secretary Hua Kuozhou, former village director Hua Dadao, and new village director Hua Shicai will also receive a summons to open the court, and they will never call Dapeng again.
On the morning of June 28, 2015, Dapeng received a call from Huajian Cai, asking him to go to his former slag factory office with the demolition agreement with the official seal. The original demolition agreement was in duplicate, and although he was the new village director and should have participated in the trial with the agreement retained by the village, Dapeng did not follow his instructions. Half an hour later, Hua Jiancai called again, saying that he wanted Dapeng to meet at the gate of the East Rubber Factory to discuss important matters, and Dapeng had to ride an electric tricycle to go to the appointment.
When the two met, Dapeng asked, "What is there to discuss?"
Hua Jiancai said: "You can't sue about the case of compensation for demolition, and now there are many cases of Xiaozhuang and Linzhuang being demolished, and all the accounts have been sealed in the industrial park, and the leadership has ordered that no one should be allowed to read the accounts." ”
Dapeng said: "Then what is the matter with the compensation agreement for the demolition and relocation? Isn't there another agreement in the village?"
Hua Jiancai said: "Lawyer Zhu of the judicial office wants to prepare for tomorrow's trial as a basis. ”
Dapeng said: "This is the idea of the great power and Kuozhou, I can give you a copy, and tomorrow I will confront the so-called lawyer Zhu in court." You are the new village director, and both cases happened in the past, so it is best to be less involved. ”
Because there are a lot of people coming and going on the side of the road at the gate of the East Rubber Factory, in order to take care of the new director's work, Dapeng took the initiative to say goodbye to him. After going home for lunch, in the afternoon, Dapeng rode to the Bureau of Justice to find Director Tian, met with a lawyer, and handed the two complaints to Director Tian for inspection.
Dapeng said: "There are many lawyers in the hall, and it is said that there are only three certified lawyers in Dongcheng County, and they can help me go to the community management station of the industrial park to find the evidence of compensation for the demolition of the store houses, and the other four of the five stores have compensation, which is also the legal basis for my lawsuit." ”
Director Tian said: "You don't have to spend money to hire a lawyer, you can just ask the president to collect evidence in court." ”
Over the years, there have been dozens of confrontations with so-called lawyers in various courts in Dongcheng, whether it is a lawsuit for the plaintiff or the defendant, and he has not lost to the other party again, how can he be a little forward-looking and backward when it is his turn to hold a court tomorrow?
If you want to talk about the so-called lawyer Zhu, in fact, he doesn't even have the qualifications to be a legal worker. Hua Jiannan sued the Liaocheng Intermediate People's Court after losing the case in the Dongji Court, and among the plaintiffs was his own grandfather Hua Daqun, and among the defendants was his uncle and grandfather Hua Daling, who was the deputy director of the village.
Hua Dao called Dapeng and said: "Hua Daling, in the name of the deputy director of the village, was the defendant in the morning, but in the afternoon he became a witness to the plaintiff in court, he said that he was the plaintiff's grandfather, and that the plaintiff was also a landstaker in a chemical plant when he was a village cadre two years ago, and he proved that the plaintiff gave the villagers a year-end distribution of 5,000 yuan according to the treatment of the villagers, and I was so angry that I quarreled with him in court, but I was so angry..." ”
Dapeng said: "Why are you angry? You should be angry with him, first of all, you should ask him where he was a year ago? While serving his sentence in prison, you asked the presiding judge that since he claimed to be the plaintiff's grandfather, can he testify by blood? Doesn't the lawyer you hired Zhu not understand the law? Why don't you dare to let out a fart?"
On that day, Hua Daodao, the village director, came back from the Liaocheng People's Court and went to the computer store to introduce his anger and the results of the court's handling; the village party secretary took into account the feelings of the villagers, and on the basis of the court's upheld judgment, he proposed to give the plaintiff half of the litigation fee of 1,000 yuan, but that was also the villagers' money! Isn't this a village party secretary buying favors? And why did the other defendants and the so-called lawyer obey and violate the dignity of the law?
Dapeng recalled the past 28 years in Shandong, and what laws and truths were indifferently trampled on by the village officials, so who could he judge and pursue? Perhaps it was only in the middle of the night that he fell asleep in a daze, but this would inevitably have an adverse impact on the thoughts of the next day's court session.
See Legal Proceedings 3: The First Case Turmoil.
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