Luohe Intermediate People's Court is a national judicial organ at the first level in Luohe City. Under the leadership of the CPC Luohe Municipal Committee, independently exercise judicial power according to law, and be responsible and report to the Luohe Municipal People's Congress and its Standing Committee. Its main functions are: to hear criminal, civil and administrative cases of first instance and second instance under the jurisdiction of the intermediate people's court in accordance with the law; To try criminal, civil and administrative cases of first instance under the jurisdiction of lower courts according to law; To hear criminal, civil and administrative cases transferred by the Provincial Higher People's Court; To hear cases of commutation and parole that need to be tried by the Municipal Intermediate People's Court; Trial of criminal, civil and administrative cases in accordance with legal supervision procedures; To execute the legally effective judgments and rulings of our court, as well as cases that need to be executed by the Municipal Intermediate People's Court and cases entrusted by foreign courts; Accepting compensation cases in accordance with the provisions of the State Compensation Law; Supervise and guide the trial work of grassroots people's courts. Luohe Intermediate People's Court has 28 internal organs. The main functions of each institution are as follows: the filing court is responsible for filing all kinds of cases accepted by the court; Pre-litigation preservation and mediation according to law; Handling applications for mutual legal assistance; Review and handle cases of protest, appeal and application for retrial, handle letters and visits and other matters related to filing. The criminal trial court shall hear major criminal cases of first instance under the jurisdiction of the intermediate people's court that may be sentenced to death (including suspension of death) and life imprisonment, hear juvenile criminal cases of first and second instance according to law, and hear cases of appeal and protest of criminal cases of grassroots people's courts; Guide the criminal trial work of the people's courts at lower levels. The first division of the civil court has jurisdiction over ordinary civil cases; To hear the first and second instance cases of contract disputes and infringement disputes between domestic legal persons and between legal persons and other organizations; Trial of intellectual property cases of first and second instance and new civil cases such as copyright, trademark right, patent right, technology contract, unfair competition and right to scientific and technological achievements; Hearing bankruptcy cases and letters of credit cases; To hear the first and second instance cases of foreign-related and economic disputes involving Hong Kong, Macao and Taiwan; Guide the relevant civil trial work of the people's courts at lower levels. The administrative court shall hear the first and second instance administrative cases and administrative compensation cases under the jurisdiction of the intermediate people's court according to law; To examine the legality of legal documents applied for execution by state administrative organs and make a ruling; Guide the administrative trial work of the people's courts at lower levels. Cases that citizens, legal persons and other organizations transferred by the trial supervision court appeal in accordance with legal procedures; To hear cases in which people's procuratorates protest against legally effective judgments according to law; Trial of retrial cases ordered by higher people's courts, commutation and parole cases under the jurisdiction of intermediate people's courts, and state compensation confirmation cases according to law. The office of the Compensation Committee accepts all kinds of judicial state compensation cases stipulated by law. The Executive Board shall organize, coordinate and manage the execution of the courts in the whole city in a unified way; To execute the civil, administrative and criminal incidental civil judgment documents and the property penalty part of criminal judgments that have taken legal effect in the first instance of our court; To execute cases where the state administrative organ applies for compulsory execution and the administrative court decides that they should be executed by the court; Enforcement of cases that the arbitration organ or notary organ applies for compulsory execution according to law; To coordinate the execution agencies of other intermediate people's courts in handling execution dispute cases; Accept the entrustment of foreign courts to execute and assist in the execution of cases. The Ministry of Justice and Technology is responsible for technical consultation and technical audit of the two courts; Unify the technical supervision, guidance and death confirmation in the external entrusted appraisal, evaluation, audit, auction and execution of death penalty. In addition, in order to ensure the effective trial work, the Intermediate People's Court also has offices, personnel offices, propaganda offices, registration offices, judicial committee offices, discipline inspection teams, supervision offices (co-located), judicial police detachments, judicial administrative offices, judges' offices, logistics service centers, trade unions, evaluation and investigation departments. The discipline inspection team and supervision office are responsible for discipline inspection, building a clean and honest party style, investigating the responsibility of illegal trials and investigating cases of violation of discipline; Supervision and inspection of the city's court police officers to abide by national laws, regulations and disciplines, conduct clean government discipline education, accept complaints and reports, and urge to investigate and deal with major cases of violation of law and discipline; Supervise and urge judicial work, strict law enforcement and financial management; Accept the complaints of the supervised objects, etc.
Please ask the leaders of Luohe court to find out the facts and safeguard the legitimate rights of the parties.
Luohe city court paid, why is he not the one who illegally dragged the case?
In violation of the law, he accepted overdue reconsideration, so Fu questioned why he dragged the case illegally instead of dragging it, preventing the execution court of Linying County from executing it according to law, so as to safeguard the legal rights of Pi. What are the reasons why Jia Zhigang, the director of the case department of the Executive Board, gave him pressure or other benefits for overdue reconsideration of the illegal recipient? Please ask the court, president and leaders of Luohe City to find out the facts, safeguard the majesty of the law and establish a good image of the court in the hearts of the people. At the same time, according to the law, the person applying for reconsideration, that is, the small iron gate building illegally built by Pijintu on the road, forcibly removed all obstacles. Solve the practical problems of the parties' lives and safeguard their legitimate rights.
Specific content:
Pi Jin Mu's front yard is only five feet from the street. It is illegal to occupy less than 5 feet from the street now.
20 10 On June 24th, the Linying County Court of Luohe City refused to perform the legally effective judgment or ruling of the people's court according to the provisions of Article 102 of the Civil Procedure Law of People's Republic of China (PRC), and the people's court may enforce it according to law. The Linying County Court made a ruling of No.266 "Notice of Pro-French Enforcement", and at the same time, the enforcement court served Pijintu to the person subjected to execution, informing him to dismantle the street-facing gatehouse on the passage within five days from the date of service of Pijintu notice, which is an obstacle on the road. If the court fails to dismantle it within the time limit, it will be forcibly dismantled according to law.
In the process of implementation, the execution court of Linying County is not strong enough. Pijintu, the person subjected to execution, often hides, and Linying County Court has repeatedly issued enforcement notices to the person subjected to execution. During the execution of the case, it was not until No.20 10 12.2 1 that the court of Linying County made the notice of execution again. The person subjected to execution filed a reconsideration in Luohe. Please ask the president of Luohe People's Court to find out the reason and ask the Executive Board about this case. Why did the person in charge of the Jia Zhigang case of the Executive Board not act in accordance with the law and accept reconsideration illegally? It brought serious losses to the mental economy and life of the client Pi Jin Mu.
Now, Jia Zhigang, the case director of Luohe Executive Board, not only accepted the case illegally, but also made a decision to stop the enforcement by the executive court of Linying County Court according to law and safeguard the legal rights of Pi Jin Mu.
People's Republic of China (PRC) law clearly stipulates that.
Article 9 of the Administrative Reconsideration Law stipulates that citizens, legal persons or other organizations may apply for administrative reconsideration within 60 days from the date of knowing the specific administrative act; However, unless the application period prescribed by law exceeds 60 days. This regulation stipulates the time requirement for applying for administrative reconsideration, that is, the time limit. This time limit is the limit of the right to apply for reconsideration. After the statutory time limit, the right of claim is lost.
In accordance with the provisions of Article 102 of the Civil Procedure Law of People's Republic of China (PRC), if a people's court refuses to perform a legally effective judgment or ruling, the people's court may enforce it according to law.
To sum it up
The confirmation organ of the court should make a just and fair decision based on the principle of "respecting history, taking care of reality, facilitating life and reducing the litigation burden of the parties", and at the same time, forcibly demolish the small iron gate building and all obstacles illegally set on the road by the person applying for reconsideration, namely the executed person Pijintu. Solve the practical problems of the parties' lives and safeguard their legitimate rights.