Application for protest 1
Applicant: XXX, gender, address
The applicant: XX City Bureau of Justice, address.
Application matters: the applicant is not satisfied with the XX City XX District People's Court Administrative Ruling (20xx) the lower line of the initial word No. 27, XX Province XX City Intermediate People's Court (20xx) Hang Hang line of the final word No. 190 administrative rulings, hereby applying for XX Municipal Procuratorate in accordance with the law to supervise and file a counter-appeal.
Facts and reasons:
The applicant complained to the XX Municipal Bureau of Justice lawyer XX violation of law and discipline, after accepting the entrustment, do not conscientiously perform their duties, damage to my legitimate rights and interests. Request XX Municipal Bureau of Justice to investigate and deal with XX, and compensation for damages in accordance with the law.
XX Municipal Bureau of Justice after receiving the complaint material, did not according to the "lawyers and law firms unlawful acts of punishment", "judicial administrative organs administrative punishment procedures" to perform their statutory duties. 20xx July 21, the applicant in the XX City XX District People's Court filed an administrative lawsuit, the defendant according to law to perform their statutory duties to make the decision to punish XX.
The case through the case review process, according to law, formed a collegial panel, in September 2 of the same year, a public hearing.
First, the defendant did not fulfill the statutory duties in accordance with the facts
1, the defendant's "administrative defense" that: after receiving the complaint, the lawyer's management office of the Bureau that carried out investigations, access to the case materials obtained from the five. But in the list of evidence provided by the defendant and the corresponding evidence, there is no factual evidence about the defendant in accordance with the law to access the materials of the five United States and the legal basis.
2, the defendant provided "evidence" illegal.
The defendant provided "evidence" 1, 4, 5, 6, 7, 8 are obtained from the XX city lawyers association, is illegal. The applicant first complained to the bar association, due to the irresponsibility of the bar association lost the applicant's trust, and then complained to the defendant XX's illegal disciplinary behavior. Therefore, the defendant does not exist in the law entrusted to the bar association investigation behavior, because there is a stake, the bar association should also be recused. But most of the evidence submitted by the defendant in this case, are the XX city lawyers association. These so-called "evidence", in addition to proving that the defendant's behavior is illegal, can prove that the defendant did not fulfill the legal duties in accordance with the facts clearly.
3, the defendant did not provide the court with the applicant's "complaint" and the corresponding evidence.
The applicant provided to the defendant "complaint" and the corresponding evidence, the complaint XX illegal and disciplinary behavior. However, in this case, the defendant in addition to providing "non-litigation affairs entrusted agent contract", "entrusted agent contract", and did not provide the "complaint" and the corresponding evidence materials, the defendant concealed the applicant's "complaint" and the corresponding evidence materials, what is the purpose? Because the court hearing did not determine the evidence in accordance with the law, the court's judgment of the facts clearly have a mistake.
4. The fact that the complained against person XX violated the law and discipline is clear.
1) violation of lawyers XX provide unable to fulfill the "non-litigation matters entrusted to the agency contract" entrusted matters, fraud applicants to deliver lawyers agent fee.
2) violation of lawyers XX accept the commission, did not investigate the collection of evidence according to law; sealed hospitalized medical records.
3) After accepting the commission, the illegal lawyer XX intentionally reduced the applicant's damaged facts.
4) illegal lawyer XX accepts the commission, does not calculate the subject matter of the compensation, intentionally damage the legitimate interests of the applicant (calculated in accordance with the law, the subject matter of more than 600,000, was reduced to more than 50,000)
5) illegal lawyer XX accepts the commission, intentionally conceal the applicant to provide the important original evidence.
According to "lawyers and law firms illegal penalties," Article 8, paragraph 9: acceptance of entrustment, do not conscientiously perform their duties, causing losses to the client; the twelfth paragraph: acceptance of entrustment, intentionally harming the interests of the client ......; belongs to the "Lawyers Law" (formerly the Lawyers Law), Article 44 Article 44 of the "lawyers law" (former lawyers law), "should be punished for other behavior", the judicial administrative organs shall be in accordance with the "lawyers law" and the measures to give the appropriate penalties.
Second, the trial court violated the provisions of the law, the evidence does not make factual findings.
The defendant XX city justice bureau "defense" does not match the evidence it provides, most of the evidence provided, does not have the legitimacy, authenticity, relevance. Lack of factual evidence and legal basis. The trial court in the public hearing, actually do not make a determination of the evidence.
The trial court ruling and trial transcripts prove that the trial court did not make a determination of the evidence
Third, the trial court violated the procedure, the defendant did not fulfill the legal duties in accordance with the fact that the determination.
The defendant that did not provide evidence of registration of the complaint, nor according to "XX lawyers, law firms complaint file and malpractice file management approach" to provide the complainant XX complaint file and according to the above lawyers violations of the law, the corresponding legal and procedural provisions of the fact that should fulfill the duties of the evidence and the legal basis. The defendant did not provide the complainant XX according to law acceptance of the case investigation and make the factual evidence and legal basis of the handling opinion. The trial court should be based on the fact that the defendant did not fulfill the legal duties.
Fourth, the case does not exceed the statute of limitations.
The case has been reviewed by the filing panel, there is no question of exceeding the statute of limitations. The trial court did not review the XX Municipal Bureau of Justice of the violation of law, but to "exceed the statute of limitations" to deprive the applicant's legitimate right of action.
The defendant has no evidence to prove that it has fulfilled its legal duties, there is no fact that the statute of limitations. The law on the non-performance of statutory duties made 60 days after the starting time can be sued, but did not make the non-performance of statutory duties to limit the statute of limitations.
The intention of this legislation is to safeguard the rights of citizens to supervise, accuse, apply for, litigate and other civil rights.
V. The trial court did not take the initiative to add a third party ex officio.
The plaintiff is the complainant, the complainant XX. Judicial and administrative organs for the supervisory organs, the exercise of authority of the administrative management of the relative is XX and law firm. Whether the defendant performs its statutory duties in accordance with the law, through the legal procedures to XX the law firm to investigate and obtain evidence, are related to XX and XX five league law firm. The trial court to add a third party, in order to more clearly ascertain the facts of the case, it is possible to maximize the judicial process to ensure justice, the case to make the correct decision. The trial court did not take the initiative to add a third party ex officio, indicating that the trial court is very clear about the fact that the defendant did not fulfill its legal duties in accordance with the law.
This is submitted
VV People's Procuratorate
Anti-complaint Applicant:
Date of Application:
Anti-complaint Application 2
Petitioner: Company A
Place of Residence: ............
Legal representative: .........
Respondent: Company B
Place of residence: ...........
Legal representative: ........ The Applicant Company A is dissatisfied with the judgment of [20xx] Lieshan District People's Court of Huaibei City, Anhui Province [20xx] Liemin Erchu Zi No. ...... No. 2 judgment, requesting your court to protest in accordance with the trial supervision procedures.
Facts and reasons:
In 20xx, Company A and Company B signed a coal supply contract, which stipulated that "the goods are delivered to the consignee Xuzhou Tongshan Port at 800 yuan/ton including tax." , "All costs before the goods arrive at the port of receipt are the responsibility of the supplier, and the costs after arrival at the port are borne by the consignee."
Company B claimed: the goods have been delivered, company A has not been paid. Company B provides evidence: 1, coal supply contract and power of attorney; 2, receipt of payment; 3, company A's raw material inspection statement; 4, company C on February 14, 20xx issued by the certificate; 5, Wu Weiwei on February 14, 20xx issued by the certificate; 7, coal laboratory test; 8, cell phone payment invoices and cell phone text messages.
We do not dispute the validity of the coal supply contract and the power of attorney. However, the evidence of "receipt of payment" provided by the Southeast Transportation Company is unable to prove that we received the goods, both in form and substance. First, the name of the "receipt" does not match the form of the receipt for the goods received; second, the person who filled in the invoice "Li Shuang" on the "receipt" could not prove his identity; third, the "receipt" does not prove the identity of the person who filled in the invoice; third, the "receipt" does not prove the identity of the person who filled in the invoice; and third, the "receipt" does not prove that the goods were received. Third, the signature of the payee on the "receipt" could not be confirmed; fourth, there was no official seal of Company A on the "receipt". Amount of such a large batch of goods, the consignee issued by the receipt of goods in the form of illegitimate, no official seal and signature can not be recognized, on this phenomenon is worth us to question.
Evidence "Wu Weiwei February 14, 20xx issued by the certificate". First of all, whether there is really Wu Weiwei this person, can not be confirmed. Secondly, its proof of receipt of hengsheng piling port fees, even if this person really exists, it can have the function of proving this content is doubtful. Furthermore, the receipt of hengsheng piling limited company port charges, the payer can be the company's personnel can not be verified. In other words, whether the goods reached the port of the fact that this evidence can not prove, let alone the content of the proof of the latter.
Evidence "company C February 14, 20xx issued a certificate", "company C settlement receipts" and the court "from the King's interrogation transcript". First of all, "company c 20xx February 14 issued by the certificate" without the company's official seal, the evidence is legal, whether it has the power to prove self-evident. Secondly, this evidence can only achieve mutual corroboration to prove that the company is in contact with Liu Moumou, coal is Liu Moumou's has been under its control, and in contact with only the second person appeared, that is, "surnamed Gao's", and why this person only Liu Moumou personally know. As to whether the goods by company c to company a can not rely on this evidence alone can achieve the purpose of proof. Transportation companies and people sign a contract of carriage only by going to the mouth of the contact person to know which unit needs to transport goods, in the end is really not the company let them transport goods, they will not require the contact person to take their own business license or other relevant proof of their identity. Therefore, company c's settlement voucher on whether the payer for company a more impossible to prove. Furthermore, company c settlement receipt was issued on October 4, 20xx, and the "receipt" date is October 2, 20xx, step back, the "receipt" except for the date there is no objection, in the absence of goods received before the Sign the receipt of goods, is completely illogical, simply can not understand. The above evidence is contradictory, does not have the authenticity, according to law should not be adopted.
Application for protest3
Applicant: XXX, gender, address
Applied for: XX Municipal Bureau of Justice, address.
Application matters: the applicant is not satisfied with the XX City XX District People's Court Administrative Ruling (2008) the lower line of the initial word No. 27, XX Province XX City Intermediate People's Court (2008) Hang Hang line of the final word of the administrative ruling No. 190, and hereby applies for XX Municipal Procuratorate in accordance with the law to supervise the filing of the counter-appeal.
Facts and reasons:
The applicant complained to the XX Municipal Bureau of Justice lawyer XX violation of law and discipline, after accepting the entrustment, do not conscientiously perform their duties, damage to my legitimate rights and interests. Request XX Municipal Bureau of Justice to investigate and deal with XX, and compensation for damages in accordance with the law.
XX Municipal Bureau of Justice after receiving the complaint material, did not according to the "lawyers and law firms unlawful acts of punishment measures", "judicial administrative organs administrative punishment procedures" to perform their statutory duties. July 21, 2008, the applicant in the XX City XX District People's Court filed an administrative lawsuit, claiming the defendant according to law to perform their statutory duties to make the decision to punish XX.
The case through the case review process, according to law, a collegial panel, in September 2 of the same year, a public hearing.
First, the defendant did not fulfill the statutory duties in accordance with the facts
1, the defendant's "administrative defense" that: after receiving the complaint, the lawyer's management office of the Bureau that carried out investigations, access to the case materials obtained from the five. But in the list of evidence provided by the defendant and the corresponding evidence, there is no factual evidence about the defendant in accordance with the law to access the materials of the five United States and the legal basis.
2, the defendant provided "evidence" illegal.
The defendant provided "evidence" 1, 4, 5, 6, 7, 8 are obtained from the XX city lawyers association, is illegal. The applicant first complained to the bar association, due to the irresponsibility of the bar association lost the applicant's trust, and then complained to the defendant XX's illegal disciplinary behavior. Therefore, the defendant does not exist in the law entrusted to the bar association investigation behavior, because there is a stake, the bar association should also be recused. But most of the evidence submitted by the defendant in this case, are the XX city lawyers association. These so-called "evidence", in addition to proving that the defendant's behavior is illegal, can prove that the defendant did not fulfill the legal duties in accordance with the facts clearly.
3, the defendant did not provide the court with the applicant's "complaint" and the corresponding evidence.
The applicant provided to the defendant "complaint" and the corresponding evidence, the complaint XX illegal and disciplinary behavior. However, in this case, the defendant in addition to providing "non-litigation affairs entrusted agent contract", "entrusted agent contract", and did not provide the "complaint" and the corresponding evidence materials, the defendant concealed the applicant's "complaint" and the corresponding evidence materials, what is the purpose? Because the court hearing did not determine the evidence in accordance with the law, the court's judgment of the facts clearly have a mistake.
4. The fact that the complained against person XX violated the law and discipline is clear.
1) violation of lawyers XX provide unable to fulfill the "non-litigation matters entrusted to the agency contract" entrusted matters, fraud applicants to deliver lawyers agent fee.
2) violation of lawyers XX accept the commission, did not investigate the collection of evidence according to law; sealed hospitalized medical records.
3) After accepting the commission, the illegal lawyer XX intentionally reduced the applicant's damaged facts.
4) illegal lawyer XX accepts the commission, does not calculate the subject matter of the compensation, intentionally damage the applicant's legitimate interests (calculated in accordance with the subject matter of more than 600,000, was reduced to more than 50,000)
5) illegal lawyer XX accepts the commission, intentionally conceal the applicant to provide the important original evidence.
According to "lawyers and law firms illegal penalties," Article 8, paragraph 9: acceptance of entrustment, do not conscientiously perform their duties, causing losses to the client; the twelfth paragraph: acceptance of entrustment, deliberately harm the interests of the client ......; belongs to the "Lawyers Law" (formerly the Lawyers Law), Article 44 Article 44 of the "lawyers law" (former lawyers law), "should be punished for other behavior", the judicial administrative organs shall be in accordance with the "lawyers law" and the measures to give the appropriate penalties.
Second, the trial court violated the provisions of the law, the evidence does not make factual findings.
The defendant XX city justice bureau "defense" does not match the evidence it provides, most of the evidence provided, does not have the legitimacy, authenticity, relevance. Lack of factual evidence and legal basis. The trial court in the public hearing, actually do not make a determination of the evidence.
The trial court ruling and trial transcripts prove that the trial court did not make a determination of the evidence
Third, the trial court violated the procedure, the defendant did not fulfill the legal duties in accordance with the fact that the determination.
The defendant that did not provide evidence of registration of the complaint, nor according to "XX lawyers, law firms complaint file and malpractice file management approach" to provide the complainant XX complaint file and according to the above lawyers violations of the law, the corresponding legal and procedural provisions of the fact that should fulfill the duties of the evidence and the legal basis. The defendant did not provide the complainant XX according to law acceptance of the case investigation and make the factual evidence and legal basis of the handling opinion. The trial court should be based on the fact that the defendant did not fulfill the legal duties.
Fourth, the case does not exceed the statute of limitations.
The case has been reviewed by the filing panel, there is no question of exceeding the statute of limitations. The trial court did not review the XX Municipal Bureau of Justice of the violation of law, but to "exceed the statute of limitations" to deprive the applicant's legitimate right of action.
The defendant has no evidence to prove that it has fulfilled its legal duties, there is no fact that the statute of limitations. The law on the non-performance of statutory duties made 60 days after the starting time can be sued, but did not make the non-performance of statutory duties of the limitation period.
The intention of this legislation is to safeguard the rights of citizens to supervise, accuse, apply for, litigate and other civil rights.
V. The trial court did not take the initiative to add a third party ex officio.
The plaintiff is the complainant, the complainant XX. Judicial and administrative organs for the supervisory organs, the exercise of authority of the administrative management of the relative is XX and law firm. Whether the defendant performs its statutory duties in accordance with the law, through the legal procedures to XX the law firm to investigate and obtain evidence, are related to XX and XX five league law firm. The trial court to add a third party, in order to more clearly ascertain the facts of the case, it is possible to maximize the judicial process to ensure fairness, the case to make the correct decision. The trial court did not take the initiative to add a third party ex officio, indicating that the trial court is very clear about the fact that the defendant did not fulfill its legal duties in accordance with the law. *** District.
Respondent: Binzhou Dongsheng carpet Co.
Address: Huimin County Development Zone No..
Request: request to withdraw
The applicant and the respondent for the general loan contract dispute, by Huimin County People's Court (2011) "Civil Ruling" ruled that the applicant does not accept the first instance ruling appealed to the Intermediate People's Court of Binzhou City, which the applicant to provide repayment vouchers without the official seal for the reason that the final ruling rejected the appeal and maintain the original ruling. The applicant believes that the fact that the evidence is insufficient, so the application, requesting the People's Procuratorate in accordance with the provisions of Article 185 of the Civil Procedure, according to the law of the protest.
First, the final decision that the facts and evidence are insufficient.
The final decision that the applicant provided the repayment of bills without the official seal does not support. Due to the color carpet Group Co., Ltd. internal management chaos, so part of the bill only the payee's signature, the payee can do witnesses to confirm, but the court did not pass witnesses to testify in court to make a final judgment.
Therefore, the final decision that the applicant provided by the repayment of bills without the official seal does not support the common sense.
Second, the Court of Final Appeal applied the law wrongly.
The final decision that the applicant's wife's signature on the statement has the same legal effect. According to Article 66 of the General Principles of Civil Law, there is no right of agency, beyond the right of agency, or after the termination of the right of agency, only after the agent's retrospective, the agent will bear civil liability. If I know that another person has committed a civil act in my name without denying it, I shall be deemed to have consented to it. The applicant had denied his wife's signature in court, so the signature on the statement does not have legal effect.
Therefore, the application of the law is wrong, so it is submitted to the procuratorate for protest.
This submission
**** court
Applicant: ***
November 2008
Application for protest5
Applicant: Liu xx, female, born on October 1, 1958, Han ethnicity, individual practitioner, living in weaving xx, Department of ss People's Court (1995) weaving civil judgment No. 899 in the civil judgment of the defendant Wang Zhengkun's wife. Tel: 180ssss5320.
The respondent (the original plaintiff of the first instance, second instance appellee, retrial of the respondent) Zhangxx, male, born on February 17, 1959, Han nationality, farmers, live in xx.
Because the applicant and the respondent house right, house pawning disputes, disobeyed the Weijin County People's Court (1995) Weijin people's court of first instance No. 899 civil judgment; disobeyed the Weijin County People's Court (1995) Weijin people's court No. 899 civil judgment; disobeyed the Weijin People's Court (1995) Weijin People's Court (1995) Weijin People's Court No. 899 civil judgment. On December 5, 2003, the Bijie Intermediate People's Court (2003) rejected Liu Xiangying's request for retrial. The applicant did not accept the judgment, in March 2004 to the Bijie Regional Procuratorate filed an application for retrial, Bijie Regional Procuratorate Branch to the Zhijin County People's Procuratorate, Zhijin County People's Procuratorate in March 30, 2004 made the Zhijin Procuratorate civil administrative administrative procuratorate decision No. 1 (2004), has not yet been fruitful. Now in accordance with the law to the Guizhou Provincial People's Procuratorate filed a retrial protest application, the request is as follows:
First, the Guizhou Provincial People's Procuratorate request the Guizhou Provincial Higher People's Court in accordance with the law to file a protest.
Secondly, thereafter, the Guizhou Provincial Higher People's Court is requested to revoke the civil judgment of the Bijie District Intermediate People's Court (2003) No. 19 of the final word of the Qian Bimin; (2002) No. 650 of the final word of the Bimin; (2002) No. 529 of the initial word of the Zhijin County People's Court; (1995) No. 899 of the initial word of the Zhijin Civil Court according to law, and to bring the case up for trial or designate it for retrial of the case in favor of the applicant's complaint request.
Facts and reasons:
xxxxx
In summary, the applicant, y concerned about the injustice of the first, second and retrial judgments, due to the fact that the judgments were erroneous in terms of both factual determinations and trial procedures and refused to be corrected, filed a petition for review of the case in March 2004, in accordance with the provisions of paragraph 2 of Article 187 of the Chinese People's **** and National Civil Procedure Law and paragraph 33 of the Rules for Cases of Civil and Administrative Cases of Civil and Administrative Counterclaims of the People's Procuratorates. Case handling rules," the relevant provisions of Article 33, to the Bijie District Prosecutor's Office filed a retrial protest application, Bijie District Prosecutor's Office will be handed over to the Zhijin County People's Procuratorate, Zhijin County People's Procuratorate accepted the decision to file a case for review, so far unsuccessful, and therefore request that the Court of this case to be protested.
To the Guizhou Provincial People's Procuratorate
Applicant: Liu xx
June 19, 2000
Application for Resistance to Complaint6
Applicant: Shandong Peace Management Co.
Legal representative Li Wei, chairman of the board.
Respondent: Jia Qing, male, born on April 23, 1963, Han nationality, unemployed, currently residing in Jinan City, Tourism Road, No. 37, 2-203.
Respondent: Niu Li, female born on October 12, 1973, Han nationality, residing in Jinan City, Shizhong District, No. 22, Heping Road.
Protest request
Request to file a protest according to law, revoke the Jinan City, Lixia District People's Court, Lixinchu word No. 768 civil judgment, by the People's Court retrial and change the sentence.
Facts and reasons
The judgment procedure is illegal, the facts are wrong, so the application, requesting the People's Procuratorate in accordance with the "Civil Procedure Law," Article 208 of the provisions of the law of the protest.
First, the trial court service procedure is illegal, the summons was not actually served on the applicant, depriving the applicant of the right to litigation.
1, according to the Chinese people's *** and national civil procedure law, article 85, service of process, shall be sent directly to the person to be served. The person to be served is a citizen, I am not in the hand over his adult family members living with the signature; the person to be served is a legal person or other organizations, should be the legal representative of the legal person, other organizations, or the legal person, organization responsible for the receipt of the person to sign for; the person to be served with an agent of the litigation, can be sent to its agent to sign for; the person to be served has been appointed to the people's court on behalf of the recipient, sent to the representative sign for the receipt of the person. In this case, the applicant as an enterprise, the trial court neither directly served the legal representative or agent, on behalf of the recipient, but also through other legal means to serve the parties, procedural violations, depriving the applicant of the right to participate in litigation.
2, the trial court found that the so-called principal Li ** for the applicant's employees, and therefore served, so as to confirm that the summons has been legally served on the applicant, is wrong. Article 59 of the civil procedure law provides that "entrust others to litigation, must be submitted to the people's court by the entrusted signature or seal of the power of attorney. The power of attorney must specify the entrusted matters and authority." Visible agent authorization not only if the true meaning of the participants in the litigation, and also need to specify the authority of the commission, so that is the complete commission procedures. The court for the authenticity and completeness of the entrustment procedure has the obligation to review. Li ** even if the company's employees do not necessarily have the qualifications of the principal. What is the legal basis for the employee is the litigation agent? Is the civil litigation activities can also be applied to the principle of "representation"?
Even if the application of "apparent agency", "apparent agency" reason can not be established. Li ** provided by the payroll and no seal, there is no clear date, how can prove that the wages are issued by who? What's more, it can't be proved that Li ** worked in the applicant's office when the case was filed. A business card, can only prove that he originally stayed in Changping logistics, not in the applicant's Shandong peace management limited liability company employees. The trial court case file materials, Li ** provided a piece of evidence (job responsibility letter) just can confirm its departure time, and this lawsuit was filed in May 2016, Li ** and what qualifications as the applicant's collector? Such obvious loopholes, insufficient evidence of the material, the trial court was able to recognize Li ** for the applicant's employees, it is inconceivable. Therefore, the trial court service is wrong, is at fault, in fact, did not serve the applicant, should be withdrawn from the case, retrial.
3, the summons signed by Li ** was the respondent Jia Qing camp peace hotel employees. Later, Jia Qing sublet the property to Niu Li and other four people operating Changping Logistics, Li ** stayed in Changping Logistics to continue to work. Changping logistics on the night of April 13, 2016 has been cattle Li three people in the name of shareholder disputes to seize, hire the so-called "security company control", "anyone without their permission can not enter and exit". All employees have left the company, how was the court served in May 2016? It is strange that an employee who has left his job can pretend to be the applicant's employee and sign for the summons. How did he learn about the lawsuit and sign for it? For the lawsuit normal thinking is to avoid, rather than submit pay stubs, business cards, job responsibilities and a series of evidence to take the initiative to participate in the lawsuit.
For this reason, I hope that your court focus on the investigation of Li **, to find out the truth, there are illegal offenders to the relevant authorities!
Second, the original judgment found that the facts are wrong, the actual fulfillment of the lease contract is not the respondent Jia Qing, which does not have the subject matter of the lawsuit.
In the original litigation, the respondent Jia Qing provided a signed on April 9, 2016 "agreement", used to prove the existence of a lease contract between it and the respondent Niu Li, the respondent Niu Li provided a "cooperation agreement", used to prove that it is only a "cooperation agreement", used to prove that it is only a "cooperation agreement", used to prove that it is only a "cooperation agreement", used to prove that it is only a "cooperation agreement". Respondent Niu Li also provided a "cooperation agreement" to prove that she was merely performing her duties, and the actual performer of the contract was Changping Logistics. But the "agreement" between the respondent jiaqing and cow li is false, is to start the lawsuit forged, its formation time should be two years after 2016 after April. It can be concluded through judicial appraisal.
Even if there is a sublease contract between Jia Qing and Niu Li, in fact, the two sides signed a sublease contract is only the transfer of Jia Qing in the original hotel renovation of 1.2 million, has been fulfilled. Later the actual lessee of the house changping logistics or cow li did not pay rent to jiaqing, but after jiaqing agreed to cross jiaqing directly to the landlord to pay the rent, the landlord also accepted the rent of changping logistics, indicating that changping and the landlord to form a new lease contract. This point in the lawsuit Niu Li provided rent receipts, utility receipts, etc., can also prove that the actual performance of the lease contract for the housing in question for the landlord and Changping Logistics, the landlord and Changping Logistics is the actual performance of the contract is the main body of the contract, the rights and obligations of the contract is only given to the performance of the contract. Jia Qing and Niu Li before the agreement has been fulfilled, the fulfillment of the contract is no longer binding on both sides of the contract. Therefore, the respondent Jia Qing claimed that the contract liquidated damages have no factual and legal basis, it does not have the subject qualification of the litigation.
In summary, the trial court there are serious procedural violations, found the facts of the case of error to make a judgment, damage to the interests of the applicant, should be corrected.
In accordance with the law, we hereby request the procuratorial authorities to protest, in order to safeguard the dignity of the law, and safeguard the applicant's legitimate rights and interests.
Hereby