Objection to enterprise's application for execution 1 Applicant: xx Real Estate Development Co., Ltd. Address:No. xx Renmin Road 13 Legal Representative: Liu Mouyi v. Applicant's contract dispute, which was tried by a city intermediate people's court and made the final judgment (xxx) No.00340, has taken legal effect and entered the execution procedure. Your hospital has taken measures to freeze and transfer the applicant's bank deposits. The applicant thinks that the execution jurisdiction of your hospital does not comply with the law, and makes the following request. Request 1. Suspend the payment of the detained applicant's funds to B, so as to avoid irreparable losses to the applicant; Two, unblock the frozen account of the applicant, so as not to expand the loss of the applicant. Three. Ruling to cancel the execution procedure of this case in your hospital. According to the facts and reasons of Article 201 of the Civil Procedure Law of People's Republic of China (PRC)? The property part of legally effective civil judgments and rulings and criminal judgments and rulings shall be executed by the people's court of first instance or the people's court of the place where the property is executed at the same level as the people's court of first instance? The court of execution jurisdiction of this case should be the people's court of first instance or the people's court of the place where the property is executed at the same level as the people's court of first instance, and the people's court of first instance is the people's court of Qindu District, and the place where the property is executed (that is, the applicant's deposit in a bank in Renmin Road, Qindu District) also belongs to Qindu District, not your hospital, so your hospital's execution jurisdiction violates the law. We hereby raise an execution objection, and hope that your hospital will support the applicant's request. To Weicheng District People's Court Applicant: xx, a real estate development company, on April 3, xxx, an enterprise applied for execution of objection application 2 Applicant: (Basic information) Requested matters: The case of XXXXX dispute was finally decided by the people's court and came into effect on X, X, X, and entered the execution procedure. The object of the lawsuit is XXX, and the people's court ruled XXX and deprived me of XXX rights. I hereby raise an objection. Please ask the people's court to handle the XXXXX dispute before execution. Facts and reasons: (state the course of the case, the cause of the matter, the object of the dispute and the verdict of the court, etc.). ) to the people's court of XX, the applicant: year, month and day.
Enterprise applies for execution of objection application 3 Applicant: xx has * * * * Limited Company Address: XX * * * * Legal Representative: * * * * * Tel: xxxXXXXXXXXXXX (lawyer of XX Law Firm) Respondent: * * *, male, born in XXX, Han nationality, Request: Appellee v. Applicant for property lease contract dispute in Botou City. * * * has come into effect and entered the execution procedure. The object of litigation has nothing to do with the applicant, and the judgment of the people's court shall be borne by the applicant: the judgment finds that the facts are wrong and the procedure is illegal, and there is new evidence to prove that the party in this case has been suspected of committing a crime because of this matter, and the party Wang * * * (hereinafter referred to as the suspect) has been criminally detained by the * * * branch of the xx Municipal Public Security Bureau, which is under review and needs further investigation of the facts; The case is a wrong case, and the settlement of the civil part needs to be based on the settlement of the criminal part; The applicant has filed a complaint with the Higher People's Court of xx Province, which has decided to file a case with the application number of **** 1, and the case is being heard by the Higher People's Court of xx Province. The current execution of this case violates the legal rights of the applicant. In order to prevent execution errors, the applicant hereby raises an objection. Request the people's court to examine the applicant's objection application according to law and suspend execution. Facts and reasons for application: 1. The judgment violates legal procedures and should be revoked. China's "Civil Procedure Law" clearly stipulates that if a retrial case is effective in the first instance, it should be tried in accordance with the procedure of the first instance. After the judgment, the parties have the right to appeal. The original effective judgment of this case is a civil judgment of (xxx) Bominchuzi * * *, and the procedure of first instance is applicable. It is illegal for Cangzhou Intermediate People's Court to directly use the procedure of second instance for trial and judgment (final judgment): Article 184 of the Civil Procedure Law clearly stipulates that the legally effective judgment of a case retried by the people's court in accordance with the procedure of trial supervision shall be made by the court of first instance. The parties can appeal, and Cangzhou Intermediate People's Court directly tried the judgment according to the second instance procedure, which violated the law and deprived the complainant of the opportunity to correct the wrong judgment and the applicant of the right to appeal. The lease contract is false, the seal is private, and the contract is invalid. An agreement? Jurisdiction of the judiciary? The agreement is ambiguous and invalid. At the same time, the Civil Procedure Law also stipulates that if the facts of the case are not ascertained and the main evidence is insufficient, the judgment shall be revoked and sent back for retrial. Second, the judgment found that the facts were wrong and some facts were not ascertained. (1) In this case, the key facts have not been ascertained. The evidence provided by Wu proves that the disputed leased property was sent to Tianjiayuan site in Doudian Town, Fangshan District, and the plaintiff had no construction cooperation relationship with the site. If the facts of the original trial have not been ascertained, it shall be sent back to the Botou Municipal People's Court for retrial. (2) The judgment failed to confirm the validity of the contract, and Wang was not authorized to act as an agent, so the contract and responsibilities have nothing to do with the applicant. First of all, the court should find out the validity of the contract, especially whether the official seal and the agent have the right to act as agents, and the ownership and destination of the leased property. It is very important for the court to examine the effectiveness of the second project department and the contract it signed, but the court failed to hear it according to law: (1) The applicant never set up the so-called second project department, (in fact, there are no documents and approvals for the applicant to set up the second project department in the industrial and commercial archives), and even the brand was not hung, so the court of first instance did not find out the facts. So-called? Project department? It was temporarily established by Wang himself, without registration and independent capacity. In this case, the second project department? Without legal registration and the authorization of the complainant, you can't set up any rights and obligations in your own name, and you can't engage in civil legal acts such as purchasing materials, leasing, and concluding contracts with foreign countries. The nature of the project department determines that it cannot become other economic organizations in the legal sense. (2) The applicant has never authorized * * and the so-called Second Project Department to do anything, and there is no evidence to prove that the applicant authorized the suspect to do anything, and the applicant has never ratified it. Interpretation of Contract Law (II): Article 12 An agent has no right to conclude a contract in the name of the principal, and if the principal has started to perform the contractual obligations, it shall be regarded as ratification of the contract. * * * * * has never had any business dealings with the applicant. (3) The so-called seal of the second project department has nothing to do with the applicant. It was carved and forged by the suspect (described later) privately, and the applicant was completely unaware of it. (3) This case is a lease contract, and the lessor has no evidence to prove that the subject matter of the contract was sent to the complainant for control. The evidence provided by it proves that the leased property was sent to Tianjiayuan construction site, and it has been found that the site is a * * * * personal construction site, and the applicant knows nothing about it. The complainant and his subordinates have never actually received the leased property. This key fact was not found in the retrial. Since the complainant has not received the subject matter of the contract, he should not bear any civil liability. (4) According to the relevant provisions of China's Contract Law and General Principles of Civil Law, the ownership of the subject matter of the lease contract does not change due to actual possession. Combined with this case, the ownership of the leased property belongs to Wu, and Wang's fraud infringes on the property ownership, and the object of this behavior is the ownership of the leased property, which infringes on Wu's property rights, and Wu is the infringed beneficiary. What does the retrial judgment say? * * * * and others collect rent on behalf of * *, even if it constitutes a crime, it also infringes on the interests of the company? On the other hand, this is obviously wrong. 3. There is new evidence to prove that the party in this case * * * has been criminally detained by the * * * branch of the xx Municipal Public Security Bureau on suspicion of fraud, and the facts of the case need to be further ascertained. This case is a cross case between criminal and civil cases, and the facts of civil cases can only be ascertained after the criminal cases are ascertained, so the trial procedure should be followed? Punishment first, then people? This project. /kloc-On August xxx, 0/9, the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security pointed out in the Notice on Timely Investigating and Handling Economic Crimes Found in Economic Dispute Cases that in order to ensure the timely, legal and accurate crackdown on these criminal activities, people's courts at all levels found economic crimes in the trial of economic dispute cases. Without authorization, without knowing or accepting anything, the relevant materials of economic crimes are transferred to the public security organs or procuratorial organs with jurisdiction for investigation and prosecution, and the public security organs or procuratorial organs shall accept them in time. On March 1 1, xxx, the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security issued the Notice on Timely Transfer of Economic Crimes Found in the Trial of Economic Disputes. In order to crack down on economic crimes in a timely and effective manner, they also stressed that the court must transfer economic crimes found in the trial of economic disputes in time, and the public security and procuratorial organs must also accept them in time, and they must not shirk and argue with each other. On April 9, xxx, the Supreme Court's Provisions on Several Issues Concerning the Trial of Economic Disputes Cases Suspected of Economic Crimes (Fa Shi [XXX] No.7) (hereinafter referred to as? Some rules? ) trying economic disputes is to find economic crime suspects? Punishment first, then people? It also has a clear definition. At the retrial of Cangzhou Intermediate People's Court, the undertaker of the contract in this case, * * * * *, was placed on file for investigation by xx Municipal Public Security Bureau for alleged fraud in xxx. At the hearing, the complainant has submitted relevant materials (submitted again this time, requesting your court to hear the case according to law and obtain relevant evidence: the suspect has confessed that his seal was engraved privately, and the business applicant knows nothing about it. He also handled the leased property and did not hand it over to the company. Now * * * has been taken criminal compulsory measures according to law. In order to severely punish the crime, the public security organ is investigating the case to find out that many people have cooperated with * * * to engage in fraud activities many times. At present, it is found that some suspects have absconded, and the public security organs are pursuing other suspects. We believe that the case is still under investigation, all the facts have not been ascertained, and the recovery of stolen money has not been carried out. In this case, the outcome of the criminal case will affect the outcome of the civil case. At the same time, it is extremely unfair and illegal for the complainant to bear all the responsibilities caused by criminal acts. The legal effect and social effect are not good. Imagine, if the leased property is recovered, who will own the stolen goods under the premise that the judgment takes effect? According to this sentence, stolen goods cannot be returned. As far as this case is concerned, according to the facts of the case, the trial result of the criminal case must prevail, and the criminal case has not yet been concluded. Cangzhou Intermediate People's Court should decide to suspend the trial, and then continue the trial after the criminal case is heard, so as not to let the innocent applicant become a big head! ! 4. The applicant has applied to the Higher People's Court of xx Province for retrial, and the Higher People's Court of xx Province has decided to file a case with the case number (xxx) Gao He ZaiziNo. 1 * *. The review of this case by the judicial organ at a higher level is conducive to finding out the facts and realizing procedural justice. Your hospital should handle this case in accordance with the provisions of the Civil Procedure Law and the trial supervision procedure, so as to avoid further mistakes. To sum up, the complainant believes that (xxx) BominchuziNo. * * * Judgment and (xxx) Cang Min in Chinese. * * The civil judgment seriously violated legal procedures and deprived the complainant of the opportunity to defend his rights. In addition, the facts of this case are wrong, and some facts have not yet been ascertained, but the complainant has to bear the losses caused by the criminal act without knowing or making mistakes. The procedure is illegal and the judgment cannot be executed. Your hospital should carefully examine the applicant's objection, conduct a hearing and adjust the papers, and the applicant can also provide an execution guarantee. Your hospital should suspend the execution of this case in accordance with the law, and transfer the case to the * * * branch of the Public Security Bureau of xx City or decide whether to execute it after the retrial result of the Higher People's Court of xx Province comes out. Applicant of Botou People's Court of xx Province: XX * * * * * * Co., Ltd. in August, 2010.