Applicant: Zhou, male, Han nationality, self-employed, farmer, born in April 1949. ID number: 3708X1949041805xx, address: xx5, Wen Ming West Street, Nanying Village, Liuxing Sub-district Office, High-tech Zone, Jining City.
Application items:
It is requested that the People's Procuratorate of Jining City, in the case that the applicant complains that the compensation decision made by the Intermediate People's Court of Longyan City, Fujian Province,No. 1 (20xx) is indeed wrong, put forward procuratorial supervision opinions to the Supreme People's Court, and instruct the lower court to re-examine and make a decision according to law within two months, or directly review and make a decision according to law. Facts and reasons: Shen Zhongxin, the respondent in this case, failed to return the loan and feed processing fee of RMB 363,665,438+08 to the applicants (plaintiff, application executor, illegal confirmation applicant, compensation applicant and compensation complainant) as agreed. 1. After the judgment of the court of second instance, Shen Zhongxin shall pay RMB 363,665 within ten days from the effective date of the judgment. And pay the interest calculated at the monthly interest rate of 1% from February 3 to the date of completion of performance. If you fail to perform the obligation to pay money within the period specified in this judgment, you shall pay double the interest on the debt during the delayed performance according to law. Liancheng County People's Court of Fujian Province filed a case on xx, xx, 20xx. It is the highest profiteering period of China pig industry since the reform and opening up. As long as Liancheng County Court seals up the pig farm detained by Shen Zhongxin according to law (designating it as its own), Shen Zhongxin will fulfill his judgment obligation with money. If he doesn't use the money to fulfill his judgment obligation, he can auction or sell the pig according to law, or close the case within the statutory six months. However, Liancheng County People's Court's delay in executing the executable property violated relevant laws and regulations. It was not until xx months after the execution of the case that the old, weak, sick and disabled pigs left by Shenzhongxin Pig Farm were first accepted and dealt with by the applicant, and then Liancheng County Price Certification Center was instructed to raise the price, so as to deprive the applicant of the right of reconsideration, and the illegal ruling of pigs worth only 35xx0 yuan on that day was 79,396 yuan after 1 month. The applicant applied to Longyan Intermediate People's Court for illegal confirmation of the execution of Liancheng County People's Court in accordance with the principle of illegal compensation in the State Compensation Law, which was implemented 20xx65438+February 1, in order to obtain corresponding compensation. Liancheng county people's court knows that it is difficult to shirk its responsibility under indisputable facts, and makes use of the convenience of work to make false certificates by itself and instruct others to make false certificates. Longyan Intermediate People's Court also knows that these false certificates are in conflict with the real evidence that has been confirmed as the basis of the final decision, but it still adopts these false certificates to confirm that it is not illegal for Liancheng County People's Court to execute them on July 27th, 20xx. The applicant refused to accept the appeal to the Fujian Provincial People's Court. However, the Higher People's Court of Fujian Province ignored the complainant's appeal (with an appeal), failed to find out the facts and failed to act according to law. 20xx65438+February xx (20xx) ruled that the execution of Liancheng County People's Court was not illegal by Minque Shenzi No.4. The applicant had to appeal to the Supreme People's Court. However, the Supreme People's Court actually violated his own regulations on relevant execution and the provisions of Articles 220, 225 and 226 of the Civil Procedure Law, and did not confirm that the execution of Liancheng County People's Court was illegal. On May xx, 20xx, the applicant's appeal was rejected by the notice of rejection of appeal (20xx) No.71,which led to the applicant's own decision. 20xx65438+February 1, the new state compensation law abolished the principle of illegal compensation. On March 22nd, 20xx, the Supreme People's Court abolished the illegal confirmation procedure. expand
According to the provisions of Articles 1 and 2 of the Interpretation of Several Issues Concerning the Application of the State Compensation Law of People's Republic of China (PRC), which came into effect on March 8, 20xx in the Supreme People's Court, the petitioner thinks that the new state compensation is applicable to this case, and directly applied for judicial compensation to the Compensation Committee of Longyan Intermediate People's Court on June 6, 20 12. After many twists and turns, the Compensation Committee of Longyan Intermediate People's Court filed a case on 20xx 65438+1October 2 1 day, and conducted a cross-examination on March 5. However, through cross-examination, the Compensation Committee of Longyan Intermediate People's Court has learned that Liancheng County People's Court can't (can't) prove the correctness and legality of its actual execution and should be liable for compensation according to law, but it still takes the principle of illegal compensation abolished in the new State Compensation Law two years ago as the final basis for not paying compensation. The compensation decisionNo. 1 of the Compensation Committee of the Rock Court on March xx (20xx) rejected the applicant's application for compensation, which violated Article 19 of the Provisions of the Supreme People's Court on the Procedures for the Compensation Committee of the People's Court to Trial State Compensation Cases.
The provisions in items (2) and (3) violate the State Compensation Law of People's Republic of China (PRC).
The provisions of articles 2 and 10. The applicant appealed to the Compensation Committee of Fujian Higher People's Court on April 20xx 17 in accordance with Article 30 [Review Procedure] of People's Republic of China (PRC) State Compensation Law. However, the Compensation Committee of Fujian Higher People's Court rejected the appeal without justifiable reasons, but failed to make a decision for 80 days on the grounds that the time limit for making a decision on the appeal was not clearly stipulated in the law (and said that it would never make a decision), which seriously violated the retrial procedure provisions of the State Compensation Law. In addition, the applicant reported to the Judicial Committee of the Supreme People's Court on May xx, 20xx, requesting to order the lower court to retry or directly examine the case, but there is no reply so far. To sum up, because the people's courts at all levels do not compensate the applicant for the losses caused by execution errors in this case according to the State Compensation Law, they do not.
It only caused the applicant direct and indirect losses of more than one million yuan each, and also caused the applicant's peanut oil factory and feed processing factory to stop production and close down. Now I still need to pay interest and other expenses 1.7 million yuan every month. Therefore, I only ask the Supreme People's Procuratorate to put forward the procuratorial supervision opinions to the the Supreme People's Court Compensation Commission in accordance with the provisions of the third paragraph of Article 30 of the People's Republic of China (PRC) State Compensation Law, so that the legitimate rights and interests of the applicant can be protected according to law. Therefore, we sincerely hope that your institute can give us strong support.
I am here to convey
the Supreme People's Procuratorate
Applicant: Luo Yitai
20xx July 8th
extreme
The applicant, Qin Shaonan, male, born in June 1987/kloc-0, Han nationality, with high school education, is a resident of Xuanwei City, Yunnan Province. He now lives atNo. Wenhua Road 123, Shuanglong Sub-district Office, Xuanwei City, and his domicile is banpo village XX 1, Puzi Village Committee of Tang Tang Zhen, Xuanwei City, Yunnan Province. Tel: 123.
Applicant Peng, male,1born on September 6, 1969, Han nationality, junior high school education, resident of Zhanyi County, Yunnan Province, now lives at No.81,Yaobao Road, Xiping Town, Zhanyi County, Yunnan Province, and the telephone number is xx577370 16 1.
Applicant Sean, male, born on February 9, 1984, Han nationality, junior high school education, resident, from Fuyuan County, Yunnan Province, now lives in Zhongjiazhai Village, Zude Village Committee, Fucun Town, Fuyuan County, Yunnan Province, with telephone number 183088xx053.
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1, Mojiang County People's Procuratorate's previous decision to change compulsory measures against Li Ming, Zhu Zhijun and Li Zezhong did not comply with relevant regulations, and the bail was revoked pending trial;
2. Mojiang County People's Procuratorate's decision on Xu Ning's change of compulsory measures is even more inconsistent with relevant regulations, and its decision to cancel bail pending trial is revoked;
3. Li Zezhong * * * has clear criminal facts and sufficient evidence, and does not meet the relevant regulations of Mojiang County Public Security Bureau, so he applies for legal supervision.
Facts and reasons
Idle members of Xu Ning, Li Zezhong, Zhu Zhijun and Li Ze engaged in violent activities and beat Qin Shaonan, Peng and Sean, which was a gang crime. According to Article 125 of the Procedures for Handling Criminal Cases by Public Security Organs, it is a gang crime.
It means that two or more people commit a crime together. According to Article 294 1 of the Criminal Law, it refers to the act of organizing, leading and participating in underground organizations that organize illegal and criminal activities by violence, threats or other means, dominate one side, do evil, oppress and maim the masses, and seriously undermine the order of economic and social life. The public has a profound understanding of this case, which is a major and difficult case within its jurisdiction, involving a wide range and having great influence. As a result of the criminal act, three people were slightly injured, which seriously violated citizens' right to life and health. According to Article 234 of the Criminal Law, anyone who intentionally harms another person's body shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. And the detailed rules for the implementation of the Guiding Opinions of People's Courts on Sentencing (Trial) issued by the Higher People's Court of Yunnan Province: (2) If the crime of intentional injury is 1, the starting point of sentencing can be determined within the corresponding range according to the following different situations: minor injuries (Grade A), and the starting point of sentencing is two years in prison. Under any of the following circumstances, the corresponding punishment may be increased: (1) For each additional person or minor injury, the prison term may be increased by one month to two months; (2) For each additional person or minor injury, the sentence can be increased by three to six months; (3) For each additional person or serious injury, the imprisonment can be increased by one to two years; (4) For each additional level of disability, the sentence can be increased from 6 months to 1 year. The applicant Qin Shaonan was slightly injured in the second degree, and was sentenced to two years in prison, and the four defendants were involved in gang crimes, which did not meet the relevant regulations on bail pending trial. In addition, the Mojiang County People's Procuratorate decided to get bail pending trial on the premise that the four defendants did not get understanding and compensation and the three victims did not get any opinions from the procuratorate, which seriously violated the provisions of Article 83 of the Criminal Procedure Rules of the People's Procuratorate (Trial). The people's procuratorate (2) may sentence a criminal suspect to more than fixed-term imprisonment under any of the following circumstances, and bail pending trial will not cause social danger; (3)
Women who are seriously ill, unable to take care of themselves, pregnant or nursing babies will not be socially dangerous if they are released on bail pending trial; (four) the criminal suspect's detention period expires, the case has not yet been concluded, and it is necessary to get a bail pending trial. Article 84 The people's procuratorate shall not grant bail pending trial to criminal suspects who seriously endanger public order and other criminal suspects with bad nature and serious circumstances. Therefore, I applied to the Mojiang County People's Procuratorate to cancel the decision to release Xu Ning, Li Ming, Zhu Zhijun and Li Zezhong on bail pending trial. In addition, Li Zezhong's criminal facts are clear and the evidence is indeed sufficient. Mojiang County Public Security Bureau did not comply with relevant regulations and applied for legal supervision.
I am here to convey
Mojiang county people's procuratorate
Applicant:
Date: