Since 2003 for the land acquisition and demolition of the petition so far has been six years,, however, because of the individual power of thin,, the relevant departments have done a lot of perjury,. Make the plaintiff for many years to petition no good results.
February 2008 in Shanghai Pu Ruo Lawyer Ropeway, by consulting the deputy director of the lawyers Xu Peiguo learned that Chongming March 1, 2003, the demolition of housing and land compensation standards for a minimum of 700 + 30%, rather than 300 +150 yuan
Xu Peiguo lawyer said; you can ask for compensation through the lawsuit 910-450*180 = 82800 yuan. 82800 yuan. According to the provisions of the lawsuit you can win, then hired Xu Peiguo for the arbitration application agent. February 18th immediately paid 5,000 yuan of attorney's fees, while signing a power of attorney.
08 February 29, Shanghai Arbitration Commission accepted the case.
3/26/08 the two defendants at the same time raised unreasonable jurisdictional objections. Article 11 of the demolition agreement provides for two ways to resolve the dispute. First; to the court demolition. Two; to the Shanghai Arbitration Association to apply for arbitration.
This agreement was formulated by Party A, but they have overturned it, which is really unreasonable.
In this case, Xu Pei囯 lawyer not only did not defend the plaintiff, on the contrary, advised the plaintiff to withdraw the case. And on behalf of the withdrawal of the book, repeatedly advised the plaintiff to withdraw, the plaintiff had no choice but to sign
After the withdrawal of Xu Peiguo lawyer said; not refund the attorney's fee, but you can go to the Chongming court to file a complaint.
After filing the complaint in late April, May 20 or so. Received a phone call from the court said to pay the litigation fee, the plaintiff did not receive a notice of filing, and then the litigation fee into someone else's account and ask others to transfer.
Until August 28, 2008 to the court, the first defendant did not appear in court, only the defendant's attorney Chen Zilong and the original second defendant a legal person Song Duxuan but became the first defendant's agent in court.
The second defendant demolition and relocation of the implementation of the unit Sounminto construction land use of the ROC no one to appear in court.
The first defendant, Shanghai Shipyard New Eastern Union Shipbuilding Co., Ltd. came to the court, but the demolition agent was an empty company with no real name. The company has no exact place of business, no real address, in the court's return of service on the address of the defendant's company has nothing to do with the Shanghai Yangshupu Road 468, the addressee is Shu Jinmei.
Xu Peiguo lawyers do not listen to this, the end for the plaintiff to advocate legal proceedings.
The end of the trial Xu Peiguo lawyer on the transcript did not even look at the signature, and then left for about an hour and a half without knowing where to go.
Plaintiffs in the signature found that the transcript is incomplete, in favor of the plaintiff's factual basis is not recorded, the plaintiff refused to sign the request to make up for the omission of the presiding judge fell a sentence, he did not sign on the signing of the good finished on the long walk.
On this occasion, the plaintiff did not get the assistance of counsel. The plaintiff repeatedly called to ask where the lawyer, he did not answer. Finally, he learned that he had been called by the judge to talk to him privately. This makes the plaintiff suspicious of the case, why the plaintiff's lawyer in the case of not through the plaintiff's case the judge to privately called to talk for nearly an hour and a half? It is evident that there was a failure of justice in this case.
October 20, 08 judgment, ruled against the plaintiff.
The plaintiff was not convinced, to appeal. Because of the appeal deadline, coupled with the issue of attorney's fees, the plaintiff had to let Xu Peiguo write the appeal on his behalf.
In Xu Peiguo's case, the plaintiff asked the court by phone, directly to the Second High Court and other ways to inquire about the progress of the second trial, no news, and always replied that it had not yet been filed. It was not until January 13, 2009 that the plaintiff suddenly got the news that his case had long been adjudicated. Xu Peiguo said that he was sentenced on December 23rd, but on January 13th, 2009, the filing division of the Shanghai Second Intermediate People's Court said that the case had not been filed, and on January 16th, 2009, the filing division of the Second Intermediate People's Court said that there was no record of the filing of the second trial in the computer of the Petition Office. But the strange thing is that the case was decided on December 23, 2008, and the case was filed and decided in the same period of time. And this case, judgment, is in the case of the plaintiff completely unaware of permitted.
This situation, I do not know is the second court computer problems, or open, fair, just, in the second court judge perversion.
After investigation, the lawyer Xu Peiguo did not obtain the plaintiff's signature entrusted, privately forged a power of attorney, with the plaintiff's signature, and is specially authorized to represent the plaintiff's second trial of the entire litigation activities. After checking the second court of the file, Xu Peiguo not for the plaintiff to prove, but to help the defendant. To the east on September 20, 2003 announced, which Chongming regulations applicable from March 1, 2003, deliberately said that the regulations are applicable in 2004, see page 23 of the file for details of our relocation is April 03 a June. According to the demolition and relocation permit and demolition and relocation announcement of the relocation area belongs to the county urban housing demolition and relocation, and xu peiguo intentionally attached to the defendant's argument, the urban construction of housing demolition and relocation as a collective land housing demolition and relocation. 'Demolition and relocation announcement as evidence'.
And the second trial file page 24 Xu Peiguo in the unauthorized agent will be 82,800 yuan in the lawsuit, deliberately said that the defendant has paid this amount to the plaintiff such a perjury.
After checking the court file, Xu Peiguo not only in the second trial violated the plaintiff's right to name the unauthorized agent, Xu in the Chongming court of first instance file in the power of attorney is also a forgery. In the first trial, the attorney does not advocate for the plaintiff's litigation procedures and causes of action, the permissible words of the defendant do not refute. Make the defendant, moving residential area of 94,029 square meters, and not a square meter of permitted room to provide, but also become a demolition of the defendant this defendant sensible, reasonable and lawful reasons.
In the first trial when the lawyer read a permitted two defendants and later in the access to the file, the file is only a defendant's petition, and the file is a defendant is an empty company such a fact. Behind the empty-headed company who is the real defendant only they know.
The second defendant of the construction of the R.O.C., in the demolition and relocation of the implementation of the rights and interests of the households, this time the court, not only did not come to court, even two defendants of the pleadings have become a defendant's pleadings. I do not know how the plaintiff's attorney is operating with people?
Let a person wonder is, as a lawyer, Xu Peiguo received the plaintiff's legal fees, fees, told the plaintiff sure to win, however, after the arbitration case, Xu Peiguo not only do not help the plaintiff, but also collusion with the defendant, the defendant's unreasonable request for support, many times to persuade the plaintiff to spread out the lawsuit, withdrawn after he said that he did not return the attorney's fee. The purpose is to control the plaintiff for the defendant.
The first trial in the exchange of pleadings, the second trial in the forged power of attorney, without the right to represent the intentional perjury, to help the defendant,, the pit plaintiff, Xu Peiguo has another intention, all his purpose is to lose the plaintiff.
What people can't figure out is; this claimed to be a judge for twenty years, but also many years of old lawyers, what is the power to make him even professional morality and not 頋, to do a loss of conscience, loss of humanity, despicable and shameless nasty hooks. And what is the powerful force that distorts the soul of the old lawyer who understands the law and the scales of the law?
Pu Ruo Law Firm, deputy director of the lawyer Xu Peiguo in order to improper purpose, made a detrimental to the interests of the plaintiffs of the ROC, but also flouted the dignity of the law and undermine the normal work of the law, and disturbed the justice.
This I think; Xu Peiguo lawyer has lost a lawyer should be professional morality, not worthy of a qualified lawyer, if let his behavior continue to develop, will be detrimental to the image of Shanghai's international metropolis, detrimental to the lawyer's professional team of the purity of the national law is not conducive to the openness of the law, fairness, impartiality, the work of the normal operation of the law, the dignity of the law, the interests of the people are legally protected. People's interests are legally protected.
In order to safeguard social morality, strongly request the higher authorities, their behavior to give sanctions, purity of the lawyer team.
2009-5-20
A people who seek legal justice