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Although both cases were heard on the morning of June 29, 2015, and the No. 649 Housing Demolition and Resettlement Compensation Contract Case was scheduled to be heard at 9 o'clock, why was the No. 648 Obstruction Removal Case scheduled to be heard at 10:30 a.m., and is there a problem with the reversal of the case?

When Dapeng went downstairs to get on Haoliang's car, Jian Ming and Kuosheng came to explain that they were going to the court, and it was said that a total of six of them were going to attend the trial, and in order to avoid the villagers taking the opportunity to cause an incident, they were stopped by Dapeng. When the car arrived at the Dongji courtroom, two of Haoliang's friends, Lao Xie and young Peng Zhao, arrived by tram, and although the time had reached nine o'clock, there was no one inside or outside the courtroom. Dapeng went upstairs to negotiate with the staff, and Vice President Li explained that President Zhang had not yet arrived at the trial, and Dapeng had no choice but to go downstairs and sit on the long sofa chair and wait.

Hao Liang and his two friends smoked cigarettes and talked outside until half past nine, when the three defendants each drove into the courtroom, and then their hired lawyer Zhu and a young female agent took the lead in opening the door and entering the corridor. Hua Kuozhou, the branch secretary, first handed a cigarette to Dapeng when he entered the door and said: "You keep saying that you have to block bullets for us, and when the court is over, we will go to the hotel and I will have a treat." ”

Dapeng took the cigarette and lit it against the lighter, and the two directors said something to Haoliang outside, and they both came towards the courtroom corridor, Hua Dao and Hua Jiancai just smiled and nodded to Dapeng. President Li led the people down the stairs and said, "All the people are ready, right? "When people walked past the two courtrooms, they saw that there was a mediation room in between.

Dapeng was the first to enter the sacred courtroom, sat down behind the table with the plaintiff's cards written on the south side, opened the document bag, and placed the required legal documents and evidence on the table in order. Behind the defendant's desk sat lawyer Zhu, and to his right sat the young female agent, and the three defendants actually sat on a long chair without a table.

To say that the auditor seat is facing the four rows of benches on the west side of the presiding judge, Haoliang and his two friends are sitting in the front row solemnly, the presiding judge and the two male jurors on the front platform have not yet entered the courtroom, and the clerk below stands in front of the computer desk and begins to announce the discipline and rules of the court, and asks Ming Haoliang is the plaintiff's son, the other two are his friends to come to the hearing, and the clerk wants to go to their ID cards.

In this case, President Zhang was in charge according to regulations, and President Li did not introduce a replacement, so he took two male jurors to the high platform to announce the list of court staff, and questioned whether the plaintiff and the defendant had raised objections and recusals against the personnel, and announced the opening of the trial in an atmosphere without rebuttal, and the plaintiff first stated the complaint.

Dapeng pressed the microphone heavily and said: "Today, the plaintiff and the defendant met in court, it can be said that the relatives and the enemies are happy, before I read the indictment, I will ask who is sitting in the defendant's seat? Lawyer Zhu and the defendant's legal representative, of course, they were hired, but the defendant sat on the side without a sign, I think it was to observe." I have not only served as a lawyer in Huazhuang Village for many years, but the whole village has characterized the plaintiff as a royalist, bodyguard, secretary, clerk, and other labels, but the defendant has not given the plaintiff a penny in the past four years. The accountant and cashier plaintiff shirked it, and didn't the clerk say that in addition to the village capital, he also enjoyed a salary from the county organization department?

The eight buildings in Huazhuang Village were obtained by the plaintiff during six interviews with the city, provincial and central leaders and reporters, and all the materials such as the five public announcements of the buildings and the villagers' covenant were formulated by the plaintiff through the two committees.

Yesterday, the new director Hua Jiancai called the plaintiff and asked for the original demolition agreement to be given to Lawyer Zhu and the plaintiff in court.

First of all, it is stated that the agreement was signed by the plaintiff, but the plaintiff is only a witness, why? The real estate certificate of the demolition is the plaintiff's father-in-law, Hua Ziyang's, the homestead certificate is also Hua Ziyang's, and the head of the family is also Hua Ziyang, so Hua Ziyang is a party to this demolition agreement, and the plaintiff can only prove the area, size and amount of compensation for the demolition, which is the reason why the plaintiff and the defendant signed because Hua Ziyang was 94 years old and could not write, and said that if there is a problem, it can be discussed again. The following plaintiff reads the civil complaint to the court:

Civil Complaints

Plaintiff: Zhang Dapeng, male, Han, 372525194506253311, a villager of Huazhuang Village, Xincheng Sub-district.

Defendant 1: Huazhuang Village Committee.

Defendant 2: Hua Kuozhou, male, Han, 52 years old, branch secretary of Huazhuang Village and Xincun Branch Office, Xincheng County.

Defendant 3: Hua Daodao, male, Han, 54 years old, former village director and current branch committee of Huazhuang Village, Xincheng Office.

Defendant 4: Hua Shicai, male, Han, 56 years old, director of Huazhuang Village, Xincheng Sub-district Office, Dongcheng County.

Claims: 1: Huazhuang has five stores, four of which were demolished to pay compensation for losses and bonuses, and the plaintiff's computer stores applied for equal compensation and bonuses. (For details, see the original and duplicate licenses and other evidence for details)

2: Huazhuang demolition and relocation of the two gates of the household were given an additional bonus of 80,000 yuan and 7,000 yuan of house demolition and relocation rental fees, and the plaintiff and his son Zhang Haoliang were divided into two gates of the household, and requested compensation of 87,000 yuan without discrimination. (See the photo before the demolition and the attachment of the certificate of the village committee for details)

3: All costs shall be borne by the defendant.

Because the plaintiff repeatedly failed to ask the defendant for instructions, in accordance with Article 30 of the Demolition and Relocation Law, the plaintiff hereby submits to the court the original photo, the certificate of the village committee and the original and copy of the license of the computer store industrial and commercial bureau, and requests the court to refer to the compensation for the demolition and relocation of Huazhuang Village as the reference basis to recover the compensation for losses and bonuses that should have been given to the plaintiff.

After the defendant agreed to settle the dispute with the consent of the two village committees, the plaintiff's building was occupied and the property dispute over the compensation for demolition and relocation was requested, and the court was requested to make a judgment.

Sincerely

Dongcheng County People's Court

Plaintiff: Zhang Dapeng

May 12, 2015

President Li proposed that the defendant should reply, and only the defendant hired a young female agent to produce a reply, and she only whispered the materials in front of the microphone: "Because the plaintiff is legally responsible for signing the demolition agreement, I request the court to reject the plaintiff's claim." ”... The next sentence is even more inaudible.

President Li asked the plaintiff to submit evidentiary materials, and Dapeng handed over more than a dozen original pieces of evidence to the president, who asked the defendant to circulate all the evidence to the defendant and others. President Lee instructed the clerk to make a recopy as a legal spare item.

President Li asked, "Plaintiff, can you provide evidence to explain the question you raised?"

Dapeng said: "First of all, I would like to add that the defendant violated paragraphs 1, 2, 3 and 5 of Article 58 of the General Principles of the Civil Law on the issue of demolition and compensation, and the defendant did not negotiate with the parties involved in the demolition and relocation and assessed the loss of the store house, and there was fraud and coercion, and it was a violation of the state planning law to give only three days of compulsory power and water outages for relocation, so how could the 94-year-old party find a rental house to move in three days? Huada Hukai Hotel not only gave another 87,000 yuan, because he did not let the demolition finally compensate for the loss of hundreds of thousands of yuan. The villagers Huaziwang City Department demolished and gave another 87,000 yuan and 40,000 yuan in compensation for losses. Villager Hua Zishen Hardware Store provided an additional supply of 87,000 yuan and 40,000 yuan in compensation for losses. The village committee Hua Kuofeng opened a hotel because he rented eight rooms in the village collective, but did not pay compensation, but embezzled 80,000 yuan in the demolition money of the collective house, why did the case not be reported to the criminal police team?"

President Li asked the defendant whether the situation was true? Defendant Hua Jiancai said: "I am a newly elected person and I do not know the situation. The defendant Hua Kuo Zhou's branch secretary said: "The first team is responsible for the demolition compensation of Hua Dadao, and I am responsible for the second team, and Hua Daling is the deputy of Hua Daling."

The director is in charge of three teams, and the five stores mentioned by the plaintiff are all one team, which should be answered by Hua Dao. ”

Defendant Hua Dao said: "Those stores have filled out additional household sub-registration forms, and they have two real estate certificates. ”

Dapeng said: "The defendant has to bear the legal responsibility for 23 fake real estate certificates, and the demolition bonus given by the state is not arbitrarily distributed by you for personal gain, and you have to bear legal responsibility.... ”

President Li began to hammer the courtroom hammer and warned the plaintiff Dapeng: "No questions other than the proposal are allowed." ”

Dapeng said: "How can this be a problem outside the case? Shouldn't the defendant be exposed for prevaricating with a fake real estate certificate? Because of the existence of a fake real estate certificate, he not only enjoys the treatment of one to four new buildings, but also encroaches on the villagers' collective economy, and also defrauds the state of the demolition and relocation bonus, who will bear the responsibility for the millions of cases?...。 ”

President Li was still beating the police hammer, and Dapeng became more and more angry and said loudly: "Just now I mentioned that Hua Kuofeng, the former village committee, is the uncle and brother of Hua Kuozhou, the defendant branch secretary, because he and Hua Daling, the deputy director of the village, seized the building. Garage and old people's room, so that the defendant can not work and assign buildings, the defendant found the plaintiff to find a hotel to Liaocheng to accuse them of the case and Dongcheng County Public Procuratorate inaction, the plaintiff is 70 years old for their work to block bullets, Liaocheng three units let the online real-name accusation, the plaintiff on April 15 last year with the consent of the defendant to the Central Commission for Discipline Inspection real-name accusation, received feedback on the computer: the case you reported will be transferred to the Dongcheng County Commission for Discipline Inspection for processing, this is to transfer the reporting materials to the defendant unit, the county magistrate No. 19 instructions, No. 20 industrial park leaders on behalf of the police car, 120. When the special police and more than 60 people came to Huazhuang to enforce only six households to occupy the building, the defendant actually carried an iron rod to smash the door lock of the plaintiff's legal and daughter-in-law's daughter-in-law's building, and smashed and robbed the furniture that had never been accompanied by his daughter-in-law to clear the door. ”

President Li's hammer struck even louder, and he shouted loudly, "Does the original defendant agree to mediation?" Dapeng confessed his agreement, but the defendant said in unison: "I don't agree." The President then declared: "Adjournment." ”

When the clerk asked the plaintiff and the defendant to sign the computer typing record, President Li walked up to what the defendant's lawyer was saying, and Dapeng also walked over, but Hua Shicai said: "Let Hua Kuofeng participate in the afternoon trial." Dapeng said in disgust: "I bought the building money to the village committee, Hua Kuofeng I didn't give him a penny, why let him come?" Hua Jiancai said: "The village committee has issued you an invoice, and the key has also been given to you, you should negotiate with the occupier." ”

Because the time was already half past eleven o'clock in the afternoon, and the obstruction case was only scheduled to be carried out in the afternoon, Dapeng had no intention of drinking with the defendant, so it was better to let the defendant and the court members conspire.

When I got home, Haoliang made a few dishes and commented on the drink with two friends, Lao Xie and Haoliang kept complaining about Dapeng, almost saying that it was useless, it seemed that this case was passive and difficult to solve, and they drank Dapeng only to explain the problem: "Because they have planned it before the trial, the only way is for me to deliberately explain, there is no chance to vent, I am intentionally challenging the president." What is the purpose? It is not only because of the relationship between the defendant and the president, but also because there is still a four-month statute of limitations for the demolition and relocation in 2013, and I only ask for the national emblem on the verdict and the official seal of the Dongcheng County People's Court. Today, the most atmospheric thing is the Hua Ma Asai. ”

Hao Liang went to the veranda to hang up the phone to Hua Jiancai: "You are my daughter-in-law's cousin, you met today and asked me why I came? The building we bought was occupied by others for more than a year, don't you know? Let's not talk about kinship, what do you mean by licking the defendant? Tell me where you are, let's meet and talk." ”

Occasionally, he would keep calling Dapeng, because his mobile phone was out of power, and he would occasionally ask his wife to come to the house to carry a letter to the hotel, but it was already raining outside, how could Dapeng go to the hotel?

See Legal Proceedings 4: The Second Case Pre-Trial Struggle

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