2. Name, gender and year? Month? Born in? Nationality, native place, culture, work unit, residence, ID number:, year? Month? Japan enforces it according to law.
Litigation request:
1, investigate the defendant's criminal responsibility and criminal behavior according to law;
2. Order the defendant to compensate the plaintiff for the losses suffered by his criminal behavior.
3. The defendant was ordered to bear joint and several liability for the above losses.
Facts and reasons:
Year? Month? God, the defendant has committed a crime. The plaintiff has exposed and accused the defendant of the crime to the public security organ. The defendant's case has been investigated by the Public Security Bureau and prosecuted by the People's Procuratorate. The defendant's criminal facts, circumstances and harmful consequences, the people's procuratorate? It is described in detail in the indictment. [20], not repeated here.
The defendant's criminal behavior caused material losses to the plaintiff, and now an incidental civil action is filed according to law. Please try it together. The facts and reasons are as follows:
The defendant's criminal behavior caused serious material losses to the plaintiff, amounting to RMB.
The plaintiff's above-mentioned material losses were entirely caused by the defendant's criminal behavior, and there was a causal relationship between them. The first paragraph of Article 77 of the Criminal Procedure Law of People's Republic of China (PRC) stipulates that if the victim suffers material losses due to the defendant's criminal behavior, he has the right to bring an incidental civil action in the course of criminal proceedings. ? At the same time, Article 106 (2), Article 117 (1) and Article 130 of the General Principles of Civil Law of People's Republic of China (PRC) stipulate that citizens and legal persons who infringe upon the property of the state or the collective or the property or person of others due to their faults shall bear civil liability. Those who encroach on the property of the state, the collective or others shall return the property; If the property cannot be returned, it shall be compensated at a discount. Where two or more persons infringe upon the rights of others, they shall be jointly and severally liable. ?
According to the above provisions, the plaintiff has filed an incidental civil action with your hospital, so please try it according to law.
Name and address of witness, evidence and sources of evidence:
1, witness, address, 1 written testimony proves the facts;
2. Witness, address, 1 written testimony to prove the facts;
3. Who will issue the evidence? Copy and prove the facts;
4. Who will issue the evidence? Copy and prove the facts.
I am here to convey
People's court
Plaintiff in incidental civil action: unit
Legal representative:
Twenty years? Month? sun
Appellant: Zhao XX, male, 19XX born on August 2nd, Han nationality, resident, living in XX Village, Xing 'an Street, Anqiu City.
Appellee: Yang XX, male, 19XX born on August 28th, Han nationality, resident of XX neighborhood committee of Xing 'an Street in Anqiu City, living in this village.
Defendant in the original trial: Liu XX, male, born on June 5, 19XX, Han nationality, individual industrial and commercial household, living atNo. 16 1 Anqiu City.
The appellant appealed against the civil judgment No.996 of Anqiu People's Court of Shandong Province (20 1 1).
Appeal request:
1. The civil judgment No.996 of Anqiu People's Court (20 1 1) was revoked according to law, and the appellee's claim against the appellant was rejected.
2. The costs of the first and second instance proceedings shall be borne by the appellee. The choice of civil appeal mode is provided by Shucun. com！
Facts and reasons:
First, the original judgment found that the facts were wrong.
The original judgment found that Liu XX returned the house involved to Yang XX wave, and Yang XX obtained the ownership of the house as a member of XXXX neighborhood committee. This is a real reversal of black and white, which is obviously a big mistake.
First of all, the transfer agreement between Liu XX and Yang XX is invalid! (2008) Yi No.3 1 5 Civil Judgment (page 4, penultimate1? Line 2) It is clearly recorded that the plaintiff (Liu XX) has no ownership of the house, and its claim that the defendant (Zhao XX) vacates the house has no factual and legal basis. Since Liu XX has no house ownership, is the house transfer agreement he signed legal? Does he have the right to sign the house ownership transfer agreement? Anyone with a little legal knowledge will make a correct judgment, and he obviously has no right to sign the house transfer agreement. In addition, the appellee Yang XX participated in the lawsuit as a witness of Liu XX in case No.315 (2008), and named Liu XX's family in order to save some money when buying a house. He is neither a party to the buying and selling relationship nor a builder, and has nothing to do with the house involved. The original buyer of the house was nominally Liu XX. 2010 65438+10/6 Yang XX signed an agreement with Liu XX, stipulating that the ownership of the house involved will be owned by Yang XX from beginning to end, which is totally inconsistent with the facts and has no effect. However, the court of first instance ignored the legal evidence such as the effective judgment, wrongly determined that the agreement was valid, and considered that the return of Yang XX was valid. Obviously, it is all wet. Yang XX had no right to a house from the beginning. How can there be a conclusion that the house belongs to Yang XX?
Secondly, the court of first instance did not find out what legal relationship the appellee asked the appellant to vacate the house. The appellant renovated the house on June 5438+065438+ 10, 2006, and it has been nearly six years. During the trial, the court of first instance did not find out whether the appellant actually occupied the house on the basis of purchase, lease or seizure, or through legal means or illegal means. If the appellant bought a house, the appellee's claim should naturally be rejected. If it is a lease, is it within or after the lease term? The court of first instance made a judgment directly without examining such an important and basic basic legal relationship, obviously without considering objective facts.
Second, the original judgment adapts to legal errors.
There are two main ways to obtain the ownership of the house: one is the original acquisition, at which time the ownership of the house does not need to be registered. Second, in the derivative acquisition, the ownership of the house is mainly obtained through legal acts such as house transactions. At this time, the acquisition of house ownership must be registered, otherwise, even if the house is actually delivered for possession, the house ownership will not be transferred. (2008) Yi No.315 Civil Judgment (pages 4 and 22? Line 23): The disputed house is a small property right commercial house developed by XXXX neighborhood committee. In other words, the house has not been registered for property rights, and there is no confirmation. The person who transferred the house has no ownership, but the transferee has obtained the ownership of the house! The court of first instance confirmed that the adaptation law was obviously wrong.
Third, the trial procedure of the court of first instance is illegal.
1. Although the judgment of the original trial was nominally heard by ordinary procedures, in fact, it was heard by only one judge from beginning to end.
2. The delivery time of the judgment seriously exceeds the statutory time limit. Although the judgment stated that the judgment time was April 20, 20 1 1 year, it was served on the appellant on June 20, 201year, which was one year since the judgment was made. I don't know why.
Fourth, this case is obviously a lame trick made by Liu XX and Yang XX in order to seek illegal interests, maliciously collude and adopt so-called legal means.
The appellant bought this house from his mother Zhang XX in 2006 at a price of 65,438+600,000 yuan, and has lived there since the renovation. At that time, Liu XX was only 16 years old. He is a student at school and does not have full capacity for civil conduct. It goes without saying that the buyer is his mother. Although the Appellant did not sign a written agreement with Zhang XX when buying a house, Zhang XX and Zhang XX accepted the Appellant's cash of 6,543,800 yuan, and the Appellant actually occupied the house and completely renovated it. Inferred from common sense, the relationship between the appellant and Zhang Yuhuan is obviously a house purchase and sale relationship. Although Zhang XX and Zhang XX claimed that the money was a loan, the appellant and Zhang XX operated the same business and were competitors, and the liquidity was insufficient. Why did they lend Zhang Xx80,000 yuan and then lend his sister Zhang Xx220,000 yuan? More importantly, this note also shows that cash was received, not IOUs. Due to the skyrocketing housing prices in the second half of 2007, the Liu XX family wanted to go back to the house, but the appellant did not sign a written purchase agreement with them. Out of self-interest, they paid 47,850 yuan to XXX village committee, changed the buyer to Liu XX, and sued the appellant in the name of Liu XX. In 2008, after losing the case No.315, the case was jointly concocted with Yang Jianbo for the purpose. The choice of civil appeal mode is provided by Shucun. com！
To sum up, the original judgment turned black and white, which violated legal procedures and perverted the law, seriously infringing on the appellant's legitimate rights and interests. The appellant couldn't guess the relationship between them, but he was extremely angry. Please ask the court of second instance to seriously find out the facts, uphold justice according to law and support the appellant's appeal.
I am here to convey
Weifang intermediate people's court
Appellant: Zhao XX
2065438+May 27, 2002