The Wenchuan earthquake caused a large number of houses to collapse and become ruins. It is the heartfelt desire of many disaster victims to build a house with their own property rights as soon as possible, which looks good to the eyes and is comfortable to live in. However, disaster victims must remember that in order to ensure smooth progress in house construction, they must act in accordance with the law and never run into legal red lights.
Red light one: The building address does not match the reconstruction plan
Case: Lao Zhou’s village was at the center of the earthquake and was completely destroyed. Since his family's financial situation is still good and he has some savings, he doesn't want to cause too much trouble to the government. After clearing the ruins, he is planning to be self-reliant and build his own house on the spot. After learning about it, the village party secretary reminded him: "Our village was damaged by the '5·12' earthquake, with severe landslides, special geological conditions, and fragile ecology. Whether the village will be relocated as a whole has yet to be determined by the superior's recovery and reconstruction plan." Zhou Dun suddenly realized: If he had worked hard to rebuild his house, and a more detailed reconstruction plan came out, it turned out that this place was not suitable for building houses, and all the original residents had to move out. Then, the newly built houses would naturally be left idle. How could it be possible? Didn't you suffer a big loss? Therefore, he decided to wait for the local reconstruction plan to be released before making plans.
Comment: The post-earthquake recovery and reconstruction plan mainly includes the overall recovery and reconstruction plan and urban system planning, rural construction planning, urban and rural housing construction planning and other special plans. It is formulated by the development and reform department of the State Council in conjunction with relevant departments of the State Council. The provincial people's governments in earthquake-stricken areas shall jointly prepare the plan and organize its implementation after approval by the State Council. Paragraph 2 of Article 29 of the "Regulations on Post-Wenchuan Earthquake Restoration and Reconstruction" promulgated by the State Council stipulates: "Post-earthquake restoration and reconstruction planning should focus on arrangements for the layout of towns and villages, housing construction, infrastructure construction... etc." And. , Paragraph 1 of Article 33 further stipulates: "The post-earthquake recovery and reconstruction plan approved by the State Council is the basic basis for post-earthquake recovery and reconstruction and should be announced in a timely manner. Any unit or individual should abide by the post-earthquake recovery and reconstruction plan approved and published in accordance with the law. Restoration and reconstruction planning is subject to planning management. "In this case, since the geological conditions where Lao Zhou's home is located are complex and not suitable for building houses, it remains to be determined by the restoration and reconstruction plan whether the land should be used as a residential area and whether housing construction is allowed. Lao Zhou decisively postponed building a house, which was very wise.
Red light two: Raising construction materials is against the law
Case: Zhihua’s house was damaged in the earthquake, and he is planning to rebuild it. Building a house not only requires cement, red bricks, steel, etc., but also a large amount of river sand and wood. He believes that although cement, red bricks, steel, etc. must be purchased with money, river sand can be collected from the river not far from home; wood can be cut directly on the mountain where one is responsible. His wife listened and reminded him: "If you do that, be careful of breaking the law."
Comments: my country implements a river sand mining licensing system. Article 25 of the "River Management Regulations" stipulates that sand and soil extraction within the scope of river management must be reported to the river authority for approval. It can be seen that the sand in the river cannot be mined casually. In addition, forests are green treasures and play a very important role in preventing wind and sand, maintaining soil and water, and beautifying the environment. Since the ecological benefits of forests far exceed their economic benefits, my country attaches great importance to the protection of forest resources and implements a strict approval system for forest harvesting. Article 32 of the "Forest Law" stipulates: "A logging license must be applied for to harvest forest trees, and logging must be carried out in accordance with the provisions of the license; except for rural residents logging private plots and scattered trees owned by individuals in front of and behind their houses." In this case, Zhihua is not allowed to mine sand in the river without a sand mining license; and the trees on his family's mountain are not "rural residents' private land and scattered trees owned by individuals in front of and behind their houses" and must be harvested according to the license. He is not allowed to cut at will without obtaining a cutting license in accordance with the law. Otherwise, you will be punished by law.
Red light three: Projects are awarded regardless of the contractor's qualifications
Case: Lao Ma is a plasterer in the Wenchuan disaster area and often contracts infrastructure projects outside. Mingfei's house was destroyed by the earthquake, and he initially decided to rebuild a three-story building with an area of ??more than 300 square meters, and planned to hand over the project to Lao Ma. One of Mingfei's classmates reminded him that Lao Ma was just an individual contractor and not a formal construction company. It seemed inappropriate to contract him to build the house, right? Mingfei replied nonchalantly: "It doesn't matter, he has built many houses and is very good at construction.
”
Comments: Article 2 of my country’s “Construction Law” stipulates: “Those who engage in construction activities within the territory of the People’s Republic of China and implement supervision and management of construction activities shall abide by this law. The term "construction activities" as mentioned in this Law refers to the construction of various types of housing buildings and their ancillary facilities and the installation activities of their supporting lines, pipelines and equipment. Among them, "various types of housing construction" naturally include all types of post-disaster reconstruction housing. Therefore, when building houses for disaster victims, they must also comply with the provisions of this law. Paragraph 1 of Article 26 of this law also stipulates: "The unit contracting the construction project They should hold the qualification certificate obtained in accordance with the law and undertake projects within the business scope permitted by their qualification level. "This means that contracting projects without obtaining a qualification certificate, or contracting projects beyond the level of the qualification certificate even though you have obtained a qualification certificate, are prohibited. If you commit such an act, you will be punished. And According to Article 65 of the Law, if a project is contracted to a contracting unit that does not have the corresponding qualifications, it shall be ordered to make corrections and a fine shall be imposed; if a project is contracted without a qualification certificate, it shall be banned and a fine shall be imposed. If there are illegal gains, , should also be confiscated.
In this case, if Mingfei really contracts the project to Lao Ma, even if the competent authority does not impose a penalty, once a safety accident occurs during the construction, Mingfei did not inspect the project when it was awarded the contract. Whether Lao Ma has the corresponding qualifications or not, he is also at fault and should bear certain responsibilities. It can be seen that subcontracting housing to people without qualifications is seriously illegal and the risk is too high.
The first securities case in the country. 6,800 people have been settled for mediation
Source: China Court Network Author:
After four years and seven months, the first securities case in the country - civil compensation for false statements in Oriental Electronics Securities Market The case has been settled! On September 10, 2007, reporters learned from the Intermediate People’s Court of Qingdao City, Shandong Province that in addition to the unqualified plaintiffs (those not within the scope of compensation, the lawsuit has been withdrawn) and the more than 100 plaintiffs due to incomplete information (will be dismissed immediately) In addition to compensation for certain electronic information), the remaining 6,800 plaintiffs all accepted mediation
The "Oriental Electronics Case" won many firsts
"In order to correctly try the securities market reasons. Regarding civil compensation cases caused by false statements, to regulate civil conduct in the securities market and protect the legitimate rights and interests of investors, the Supreme People's Court issued the "About "Several Provisions on the Trial of Civil Compensation Cases Caused by False Statements in the Securities Market" and came into effect on February 1, 2003. On February 8, 2003, the Qingdao Intermediate People's Court accepted the lawsuit filed by Cao Xiaomei and other seven shareholders against Yantai Oriental The case of Electronic Information Industry Co., Ltd. was the first lawsuit in the country in which a listed company executive was sentenced for providing false financial reports after the implementation of the regulations. It was also the first plaintiff in the "Oriental Electronics Case" < /p>
In the two years from the time when the criminal judgment took effect to the expiration of the statute of limitations at the end of January 2005, the Qingdao Intermediate Court accepted 2,716 cases involving "Oriental Electronics", with the subject amount of litigation being 442 million yuan and litigation fees of 18 million yuan. Yuan, 6989 plaintiffs. After the case was accepted, since the Chinese stock market had been in a bear market from 2003 to the first half of 2006, the shareholders who filed the lawsuit were eager to receive compensation, because they not only suffered heavy losses in this stock, but also in other stocks. The loss is just that other stocks cannot seek judicial relief.
For the defendant, there was a major change of executives, the false statements were exposed, the China Securities Regulatory Commission intervened in the investigation, and the market shrank sharply... In this case, It is also normal for defendants to respond passively, including using legal means, such as raising jurisdictional objections, to delay litigation.
As far as civil compensation cases caused by false statements in the securities market are concerned, the subject amount of this case is the first in the country, the number of lawsuits is the first in the country, and the mediation rate is the first in the country.
The judge solved each difficult problem
From the analysis of the case filing situation, the "Oriental Electronics Case" is complicated: some plaintiffs sued the listed company Yantai Oriental Electronics Information Industry Co., Ltd.; Some plaintiffs sued the three sentenced persons, Sui Yuanbai, Gao Feng, and Fang Yue; in order to obtain more relief channels, some plaintiffs not only listed their major shareholder, Oriental Electronic Information Industry Group, as a defendant, but also listed Shandong Gansu Province as a defendant. Ju Co., Ltd. Accounting Firm and others were listed as defendants... This made it difficult to consolidate the cases for trial.
In addition, the methods for calculating damages are also different. Some use simple addition and subtraction, some use the arithmetic average method, some use the first-in-first-out method, and some use the moving weighted average method. The claims vary greatly.
In this case, the Qingdao Intermediate People’s Court held a court hearing in November 2004. Many problems were discovered during the trial: the defendant raised objections to the plaintiff’s shareholder identity, and some of the information provided by the plaintiff was unclear. , and it was not clear which unit stamped the stamp on the document. The defendant was worried that the plaintiff had concealed information that was not beneficial to him.
So, how to solve this problem? Later, the plaintiff applied to the court to obtain the electronic transaction records of shareholders from the Shenzhen Stock Exchange. During this period, the judge visited the exchange four times. The first two times were to retrieve information such as the identities and shareholder codes of most of the plaintiffs. The third time was to inquire about employee internal shares, original shares, allotments, etc. It is a last-ditch effort to deal with incomplete information.
At the beginning of the case trial, the presiding judge found that the nearly 7,000 shareholders could not be calculated manually. First, the workload was very huge, and second, it was not possible to guarantee 100% accuracy. For this reason, the court considered designing a software to solve this problem. It was originally thought that the design of this software was very simple, and that it could be solved by simply setting a few formulas using an EXCEL table. Later, it was discovered that this was far from the case, because everyone's situation is very different. Some people bought one transaction, and some bought multiple transactions. During this period, "Oriental Electronics" had four ex-rights, and the rights must be calculated again, so it was very troublesome to deal with. It is not only necessary to calculate the loss of investment difference, but also the loss of commission, loss of interest, loss of stamp duty, etc. In order to regulate the market, the state has adjusted interest and stamp duty many times during this period, so each issue must be redesigned. The procedure, however, ultimately achieved the goal of being able to accurately calculate the amount of damages.
In order for both the plaintiff and the defendant to understand clearly, the court upgraded the software so that three workbooks can be generated at the same time for a stockholder's information: the first workbook reflects all the stock buying and selling situations of the stockholder. ; The second workbook reflects all the calculation process of the court; the third workbook is a text explanation, telling investors how to calculate step by step. At this point, the software has been perfected.
Take the road of mediation to achieve a win-win situation
Initially, both the plaintiff and the defendant did not agree to mediation. The plaintiff was eager to get compensation. He believed that mediation was a concession and did not want to give up a penny. The defendant planned to delay the case through first instance, second instance and execution. In fact, the judgment is unfavorable to the plaintiff: first, the first instance, second instance, and execution are a long process; second, if the judgment “crushes” the defendant, shareholders will not receive any compensation; third, there are other investors in the listed company , 3,000 employees, their interests will not be protected due to the judgment. Therefore, mediation is a win-win process. The focus of the court's efforts is to safeguard the interests of both shareholders and investors and employees of listed companies, and to maintain a reasonable balance in the process.
After the judge worked hundreds of times, both parties finally agreed to mediate, but there is a long way between agreeing to mediate and reaching a mediation plan. After a long mediation process, the court came up with the share reform plan in July 2006. The major shareholder Oriental Electronic Information Industry Group agreed to use 60 million legal person shares to bear no more than 65% of the compensation liability. The situation seemed to have been settled through mediation, but Not really.
It was not until July 2007 that the plaintiff and defendant reached a mediation agreement. What work did the judge do this year? In fact, although the defendant agreed to pay, the implementation date, disclosure date, and base date have not yet been determined, and these dates directly affect the amount of compensation. Which data is used as the standard for calculating losses? How will compensation be paid? If payment is made in shares, what is the price? With these issues in mind, there were dozens of consultations over the past year, and finally on July 28, 2007, the two sides reached a framework agreement.
A Shanghai resort owner colluded with bank employees to defraud 140 million and was sentenced to suspended death
Source: China Court Network Author:
A resort owner Cai Yu Without the ability to operate and repay, he worked with two bank employees to defraud four companies of nearly 1.44 million yuan deposited in the bank by paying intermediaries high interest margins and commissions, using forged credit memos, checks, business power of attorney and other means. billions of funds, resulting in a huge amount of funds that cannot be returned.
On September 6, the Shanghai No. 2 Intermediate People's Court issued a first-instance verdict on the case. For the crime of financial certificate fraud and bill fraud, the defendant Cai Yu was sentenced to death with a two-year suspended execution, deprived of political rights for life, and sentenced to confiscation of personal information. All property. Three of the other four defendants were sentenced to life imprisonment.
Cai Yu, 43, serves as the legal representative and chairman of five companies including Shanghai Panyang City Resort Co., Ltd. In October 2005, Cai Yu, together with Han Wei, the account manager of the Shanghai Pudong Branch of a bank, and Huang Ying, the secretary to the chairman of Panyang City Resort, contacted a company in Jiangsu through an intermediary, and induced the company to deposit 10 million yuan on seven days' notice. deposited in the bank. Subsequently, Huang and Han created the illusion that the company had made a call deposit of 10 million yuan in the bank by forging the "Company Time Deposit Account Opening Confirmation", but the money actually entered the company's general deposit account. In November of the same year, Han Wei used a forged credit memo to transfer 10 million yuan into the company's bank account under Cai Yu's name. Cai used the above money to repay debts and pay high interest margins to intermediaries, from which Han Wei received more than 10,000 yuan in benefits.
In November 2005, Cai Yu, together with Han Wei and Huang Ying, used forged credit notes to withdraw nearly 10 million yuan in bank deposits from a Shanghai construction company to repay Cai Yu. The company's external debts, cash withdrawals and payment of intermediary fees. In February last year, the construction company issued a confirmation letter to the bank for the annual audit to confirm the company's deposits in the bank. In order to conceal the fact that the money had been stolen, Han Wei stamped a forged letter on the confirmation letter. Bank business seal and send the letter back to the construction company to convince the company that the deposit is still in the bank's account.
In February 2006, Cai Yu, Han Wei, Huang Ying, Shanghai unemployed Chen Liang and others repeated their old tricks and tricked a Shanghai company into depositing 40 million yuan in a bank. Han Wei provided the forged "Account Opening Confirmation for Institutional Time Deposits" to the company, withheld the authentic "Account Opening Confirmation" issued by the bank and copied the factory's reserved seal. In order to prevent the bank from calling the company for verification when transferring money in the future, Han also modified the company phone number reserved on the company's seal card and added the phone number of Cai Yu's residence after the original number. At the same time, Cai instructed Chen Liang to find someone to privately engrave the company's official seal, financial seal and other seals, and provided Chen with a copy of the company's account opening information. Chen, through Li Zhong, then an account manager of a bank in Shanghai, used the In the name of the company, an account actually controlled by Cai Yu was opened in the bank. In the following two months, the company's 40 million yuan in deposits and more than 49,000 yuan in interest were transferred to Cai Yu's account, from which Han Wei received 236,000 yuan.
In November 2005, Cai Yujing conspired with Chen Liang and colluded with Li Zhong to impersonate the vice president of the bank where he worked. Together with Chen Liang, he brought the forged "Institutional Renminbi Agreement Deposit Contract" with a certain company in Shanghai. Signed a contract with an investment company to trick the company into depositing 80 million yuan in the bank. From November 2005 to February last year, Huang Ying, under the instruction of Cai Yu, forged relevant transfer certificates and transferred more than 79 million yuan deposited by the company in the bank to the accounts of three companies under Cai Yu's name. Chen Liang split the money. The stolen money was 1.7 million yuan, and Li Zhong received 1.6 million yuan.
In order to facilitate the commission of the crime, Chen Liang had someone privately engrave the official seal of the bank, the business seal, the special deposit seal, the transfer seal, and the official seal and financial seal of the victim company between September and November 2005. and more than 20 seals including legal person's private seal.
On May 12, 2006, Han Wei was captured by the public security organs. On the 23rd of the same month, fugitives Cai Yu, Huang Ying, Chen Liang and Li Zhong were brought to justice.
After trial, the Municipal No. 2 Intermediate People’s Court held that the defendant Cai Yu, together with the defendants Han Wei, Huang Ying, Chen Liang, and Li Zhong, defrauded four companies by forging credit memos, business power of attorney, and checks. The nearly 140 million yuan of funds deposited in the bank constituted the crime of financial certificate fraud and bill fraud respectively. In addition, Chen Liang also instructed others to privately engrave bank and corporate seals, which constituted the crime of forging company and corporate seals. In view of the fact that part of the defendant Cai Yu's criminal proceeds was used in the company, part of the stolen money was recovered after the case was brought; the defendant Huang Ying did not receive a share of the stolen money; the defendants Han Wei, Li Zhong, and Chen Liang all returned the stolen money, so the four defendants The person shall be given a lighter punishment as appropriate.
Finally, the court sentenced the defendant Cai Yu to death for the crime of financial certificate fraud and bill fraud, with a two-year suspended execution, deprivation of political rights for life, and confiscation of all personal property.
Defendant Li Zhong was sentenced to life imprisonment, deprived of political rights for life, and fined 1.6 million yuan for the same two charges; defendant Huang Ying was sentenced to 19 years in prison, deprived of political rights for 5 years, and fined 180,000 yuan. The defendant Chen Liang was sentenced to life imprisonment, deprived of political rights for life, and fined 1.8 million yuan for the crimes of financial certificate fraud, bill fraud, and forging company and enterprise seals. The defendant Han Wei was sentenced to life imprisonment for the crime of financial certificate fraud, deprived of political rights for life, and ordered to confiscate his property of RMB 400,000. The stolen money will be recovered and returned to the victimized enterprises.
The roadblocks set up by the road management to protect the "out of business" vehicles require state compensation and are supported
Source: China Court Network Author:
In order to prevent road damage, Henan The Runan County and Township Highway Management Office set up roadblocks on the road to restrict the passage of vehicles, making it impossible for vehicles operated by the plaintiff Deng Lianxi and Zhumadian Automobile Transport Corporation to pass. Recently, the People's Court of Runan County, Henan Province concluded this case of dissatisfaction with highway administrative management and requested state compensation, and ruled that the defendant Runan County and Township Highway Management Office should compensate the two plaintiffs for direct economic losses of 32,759.28 in road maintenance fees, passenger surcharges, transportation management fees, etc. Yuan.
In December 2004, the plaintiff Deng Lianxi borrowed more than 200,000 yuan to purchase a 25-seater luxury King Long bus, which was affiliated to Zhumadian Automobile Transportation Corporation to operate passenger transportation. With the approval, Deng Lianxi obtained the qualification to operate passenger transport business on the line from Shetun Village, Guanzhuang Township, Runan County to Zhengzhou. After Deng Lianxi was put into operation, it made it easier for people to travel in Shetun, Hanzhuang and nearby villages and towns. The buses were full almost every day. Deng Lianxi was happy on his face and in his heart.
In August 2005, the road between Shetun and Hanzhuang was heavily trafficked by large trucks and the road surface was severely damaged. The Runan County and Township Highway Management Office renovated the road surface in this section. In order to prevent overloaded large trucks from damaging the road surface, the Runan County and Township Highway Management Office set up a pair of cement traffic restriction piers 3.5 meters long, 2.2 meters wide and 1.3 meters high on both sides of the road section, leaving only 9 meters wide of the original road surface. 2.4 meters wide. The plaintiff's vehicle was 2.5 meters wide and could not pass through the 2.4-meter-wide cement traffic restriction pier, and the bus operation has since ceased. The plaintiff Deng Lianxi complained to the relevant departments many times but was not resolved. The two plaintiffs took the Runan County and Township Highway Management Office to court with a complaint.
The court held that the defendant Runan County and Township Highway Management Office, as a highway management department, should ensure the integrity, safety and smoothness of the highway. The defendant set up cement piers on the highway to restrict the passage of vehicles and violated the regulations. The provisions of relevant highway management laws and regulations constitute an illegal administrative act that abuses power. The defendant's illegal administrative behavior infringed upon the legitimate property rights of the second plaintiff and had a legal causal relationship with the economic losses requested by the second plaintiff. The defendant should bear the state's liability for compensation. Accordingly, the court ruled that the defendant should compensate the two plaintiffs for direct economic losses of 32,759.28 yuan.
Jinhua concluded a trademark infringement case involving maliciously registered domain names that infringed on well-known trademarks
Source: People’s Court Report Author:
On August 9, Jinhua City, Zhejiang Province Intermediate People’s Court In an intellectual property case, the court legally recognized a trademark as a well-known trademark and ruled that the defendant who used the trademark to maliciously register a domain name should stop infringement and compensate for economic losses.
On January 17 this year, the plaintiff Zhejiang Clockwise Clothing Co., Ltd. received an email. The sender of the letter, Song, said that he had registered the Chinese domain name "clockwise underwear.com" on the Internet and wanted to transfer the domain name to the company for 20,000 yuan. Clockwise Company believed that Song’s behavior constituted infringement and unfair competition of the “clockwise” trademark, so it filed a lawsuit in court.
During the trial, in order to prove that the "clockwise" trademark met the conditions for a well-known trademark, Clockwise Clothing Co., Ltd. submitted six sets of evidence to the court, including proof of the degree of trademark well-knownness.
Based on the facts ascertained, the court determined that the "clockwise" trademark was a well-known trademark in accordance with the law. The court also found that the domain name "clockwise underwear.com" registered by the defendant Song constituted a copy and imitation of the well-known trademark, which was enough to cause misunderstanding by the relevant public, and there was no legitimate reason to register and use the domain name. It offered the plaintiff Selling the domain name at a high price to obtain illegitimate benefits showed that the domain name was registered with bad faith. The defendant's registration of the domain name constituted an infringement of the plaintiff's exclusive right to well-known trademarks.
To sum up, the court ruled that the defendant should stop infringing the plaintiff’s exclusive trademark rights; the defendant immediately canceled the “clockwise underwear.com” domain name registered on the Internet, and the defendant should compensate Clockwise Company for economic losses of RMB 5 Ten thousand yuan.
Foshan’s trial of a major gang-related case involving many defendants is complex and is expected to last 12 days
Source: Legal Daily Author:
Chancheng District, Foshan City, Guangdong Province The People's Court today (15th) held a public hearing on a triad crime case. 36 people were suspected of organizing, leading, and participating in a triad organization, opening a casino, robbery, kidnapping, intentional 10 charges including injury, affray, and illegal possession of firearms and ammunition. Due to the large number of criminals involved and the complexity of the case, the trial is initially expected to last 12 days.
The public prosecution agency alleged that from 2003 to February 2007, the defendant Zhang Chaogang successively established military transport teams and Shangyuan in Huaxia Ceramics City, Shangyuan Logistics Center and other places in Nanzhuang Town, Chancheng District, Foshan City. The Anhui Moving Team gathered the defendants Deng Biao, Zhang Guangmin, Wang Ziqiang and others, and used intimidation, threats, violent beatings and other means to prevent other moving teams from taking on the moving business and committing crimes such as extortion, forced transactions, and provoking quarrels. The warehouse brings its own moving personnel to carry out transportation, and crowds out other transportation team members to perform transportation work, thereby controlling the transportation market in the above two places and illegally obtaining economic benefits.
Since 2004, defendants Zhang Chaogang, Xian Guanyu, and Wang Lin gathered 11 defendants including defendants Huang Yuanfeng, Xian Yong, and Li Wang and others to open multiple casinos in Chancheng District and surrounding areas. and loan sharking in casinos, and took control of casinos opened by others by collecting protection fees, forming partnerships, etc., and forcibly closed down casinos that did not cooperate with them by intimidating, beating, robbing, and getting into fights, and by committing robberies, He committed crimes such as kidnapping, intentional injury, and gatherings to fight, and monopolized underground casinos in Chancheng District, Dali, Pingzhou and other places in Nanhai District to illegally obtain economic benefits.
By operating and controlling the transportation market and underground casinos, the criminal organization headed by the defendant Zhang Chaogang has grown rapidly economically, and gradually formed an organization headed by Zhang Chaogang, with defendants Xian Guanyu and Wang Lin as the organization, It is a triad organization with leaders and defendants Deng Biao, Zhang Guangmin, Wang Ziqiang, and Wang Ziping as participants.
In order to illegally manipulate the auction market and make illegal huge profits, in January 2007, the defendants Zhang Chaogang, Wang Lin, Ling Weichao, Wang Baozhong, and Li Minjing discussed and determined that as long as there were Ling Weichao and Ling Zhi (handled separately), In the auction attended by people, the defendants Wang Lin and Wang Baozhong were responsible for organizing their subordinates to use violence and intimidation to force other bidders participating in the auction to give up their participation in the auction, thereby ensuring that Ling Weichao and Ling Zhi could obtain the auction items at a low price; and The defendant Ling Weichao withdrew 30% of the profit difference from the auction items as remuneration. From then on, the underworld organization headed by the defendant Zhang Chaogang, with the defendants Wang Lin, Ling Weichao, Wang Baozhong, and Li Guomin as the organization and leaders, and the defendants Fu Qingzhou, Cheng Guohai, Zhang Weiguo, Gu Jianchuan and others as participants began to get involved in the auction industry. . From January to April 2007 alone, the above-mentioned defendants illegally controlled five auctions held within the jurisdiction of Foshan City, seriously disrupting the order of the auction industry.
The public prosecution also accused the above-mentioned 36 defendants of committing crimes such as extortion, robbery, kidnapping, intentional injury, and forced transactions in some cases.
The reporter learned from the Chancheng District People's Court today that because the case involved a large number of criminals and was very complex, there were more than 60 volumes of public prosecution files and more than 400 pieces of evidence. Therefore, the court hearing of the case is initially expected to last 12 days.
The first case of Zhejiang's "Property Rights Law": Why do you monopolize the rooftop terrace?
Source: Xinhuanet Comprehensive Author:
According to "This Morning Post" report, The owner on the top floor locked the door to the roof, monopolized the terrace, and built illegal structures on the roof, which aroused dissatisfaction from other owners downstairs.
After their complaints to the administrative department were ineffective, the owners downstairs took the three owners on the top floor to court based on the provisions of the Property Law, which was officially implemented on October 1 this year. Yesterday, the Qingtian County Court in Lishui officially accepted the first lawsuit filed in our province based on the Property Law.
The owners of the top floor occupied the roof and caused public outrage
The 21 owners of Building 4, No. 9 Huayuanjiang, Hecheng Town, Qingtian County are basically employees and family members of the postal and telecommunications system. There are no employees in the postal and telecommunications system. Before the separation, many residents still worked in the same unit.
But around June this year, the owners living in Building 4 had a dispute over the use of the rooftop terrace. The residents downstairs suddenly discovered one day that the door leading to the roof was locked by three owners on the top floor. One of the owners also built an illegal building on the roof terrace.
The behavior of the residents on the top floor made the owners downstairs very angry. The four houses are 8 stories high and the terrain is relatively low. The surrounding areas are blocked by high-rise buildings and the lighting is not very good. On weekdays, the clothes and quilts of the downstairs owners are all The sunbathing terrace is now occupied by the owners on the top floor, and of course they don't agree.
The owner’s complaint was ineffective in safeguarding his rights according to the Property Rights Law
After negotiating with the residents on the top floor to no avail, the owner downstairs complained to the competent authority. The local Construction Bureau subsequently issued a rectification notice to the residents on the top floor, ordering the three residents to restore the roof terraces to their original condition, but no response was received.
After a lawyer’s letter was sent to the three residents on the top floor, asking them to immediately open the roof door for all residents to manage and use it jointly, and their request was once again rejected, the 16 residents downstairs collectively filed a complaint with the court. File a lawsuit.
The residents downstairs believe that according to the relevant provisions of the Property Law, the residents downstairs and on the top floor have ownership rights to the exclusive parts such as residences and storage rooms in their buildings in accordance with the law. **Part of the property enjoys the right to be jointly managed by ***owner and ***. The resident on the top floor locked the door on the roof without authorization, which constitutes an infringement.
Accordingly, the owners downstairs requested the court to confirm that they have the exclusive and joint right to manage the roof and roof terrace, and at the same time ordered the three residents on the top floor to immediately clear the roof leading to the room. The key to the top door is given to the residents downstairs to ensure that the rights of the residents downstairs are not infringed.
The "Property Rights Law" clarifies the basis for owners to safeguard their rights
Xiang Xianquan, director of Zhejiang Xintaizhou Law Firm, believes that administration and justice are two different means of relief. The owners of Qingtian Garden are complaining If the problem cannot be solved, it can be solved through legal channels, because the Property Rights Law further clarifies the basis for owners to safeguard their rights.
The "Property Rights Law" clearly stipulates that the owner has ownership rights to the exclusive parts such as residences and commercial buildings in the building, and enjoys ***ownership and* rights to all parts other than the exclusive parts. The owner has the right to jointly manage the building; the owner has rights and assumes obligations over the owned parts of the building other than the exclusive parts, and cannot fail to perform its obligations by giving up its rights.
Xiang Xianquan said that the "Property Rights Law" clarifies the owner's rights to the private part and the right to manage the entire building. If the owner's differentiated ownership is infringed, the property rights can be used. Methods of Protection Litigation. There are various ways to protect property rights, including recognizing your rights, removing obstacles, and even restoring the property to its original state and compensating for losses.