Business owners said the courts to enforce the parties involved in illegal auctions, Shanwei Intermediate People's Court denied4 \+ g/ L c9 m7 y6 h
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8 O' N" l1 q" n. y( o: S9 X) @, s7 n□ Nanfang Daily reporter Hu Yamei column
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Interns Chenya Juan YANG group
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3 u- V+ ^ c' p; c& P6 I6 u3 V/ HWindows broken, dust everywhere. One pair of lions abandoned skirting, stormy, covered with moss. 11-story building was a former Haifeng Yee Fung city landmark, but now it has not been re-opened as a schedule.
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Yee Fung Building this genus labor Feng Haifeng Industrial Trade Company (hereinafter referred to as "labor Feng Company") under the name of the property, Pengcheng Zhong is the company's legal representative. Nine years, since the implementation of a case, in addition to Yee Fung Building, Pengcheng Zhong other property also has been seized, the long-term vacancy.
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Pengcheng Zhong believes that implementation of the alleged illegal sale and doubts. Shanwei Municipal People's Procuratorate (the "Shanwei Procuratorate") investigation, since August 2004, has repeatedly to be responsible for the implementation of Shanwei City Intermediate People's Court (hereinafter "Shanwei Intermediate People's Court") is sent a letter, that the illegal auction is the case, should be corrected.% _3 r8 [- i. X9 T9 l9 r0 @
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However, to date, Shanwei Intermediate People's Court has not been substantive response, but expanded the scope of Pengcheng Zhong seized property, and no signs of thawing.
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Auction been party questioned
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5 t) F- {5 n$ |3 V: V. L"Auction afternoon, I endured not the toilet, did not see anyone come to auction, this is where Lin Xiaoping came out."
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6 Z. ?5 O- T. h! ]7 S: XExecution case stems from a civil dispute. In 1999, the company and the labor Feng Haifeng County bureau, Haifeng Post generated sales contract due to litigation, the case by the Court of Shanwei, Guangdong Provincial High Court trial two. August 2002, the Guangdong Provincial High Court of Final Appeal ruling, the labor bureau Feng Haifeng return, post offices 12.5 million yuan, plus related payments balance,[url=[第一私募论坛]http://www.simu001.cn]lille-beachvolley.fr]canada goose homme], a total of about 11 million yuan.
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To perform, Shanwei Intermediate People's Court sealed labor Fung company's real estate. After verification, seized property includes 26 sets of 10 houses, a dormitory, Yee Fung Building and affiliated sites, plus other land, totaling 6,612 square meters of land use rights of since frozen.
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4 E9 t- P! C2 Z2 Y$ ?1 I8 V* XSubsequently, Shanwei Intermediate People's Court entrusted Haifeng auction auction will be held, the seizure of the subject matter and ancillary facilities to conduct the auction. The first three were unsold. November 15,[url=[第一私募论坛]http://www.simu001.cn]vegeta.jp/cgi-bin/recipe/noahbbs.cgi?sessionid=&thr_num=1&namae=&email=&mode=paging&prev=0&next=11&pstart=0][第一私募论坛]http://www.simu001.cn]vegeta.jp/cgi-bin/recipe/noahbbs.cgi?sessionid=&thr_num=1&namae=&email=&mode=paging&prev=0&next=11&pstart=0],[url=[第一私募论坛]http://www.simu001.cn]retelib.it]bracciale tiffany], 2002, Haifeng auction house "Shanwei Daily" published the 4th auction announcement.
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For the courts to auction, Pengcheng Zhong no objection. November 22, 2002, the auction will be in the afternoon, my heart is not practical Pengcheng Zhong came to Haifeng County auction, to witness the whole auction site.9 t1 t, B, F. B) @. T0 R/ j0 u
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said: "Until the day around 15 o'clock, Haifeng auction manager to come to work,[url=[第一私募论坛]http://www.simu001.cn]aurosiksha.org/login/index.php?item/create_form/1][第一私募论坛]http://www.simu001.cn]aurosiksha.org/login/index.php?item/create_form/1], do not see a person I participate in the auction and line 3, the business portion of the main Silver et al., While drink tea and chat, while. wait for bidders. However, until 17:45, the auction house to go to work time has passed, or no bidders come. "
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$ t, U) D8 P7 i7 v1 M9 U1 n. I& b3 zHowever, to not convinced that the November 29, 2002 afternoon, Shanwei Intermediate People's Court sent to [2002] Shanwei Intermediate People's Court Zhi Zi No. 090 ruling (the "ruling No. 090"), said: Property to be auctioned "by the other 26 people with 4.65 million yuan bid income",[url=http://kuze.tsukaeru.jp]http://kuze.tsukaeru.jp], "Auction conduct legitimate and valid",[url=[第一私募论坛]http://www.simu001.cn]hookele.org][第一私募论坛]http://www.simu001.cn]hookele.org],[url=[第一私募论坛]http://www.simu001.cn]commercialistabelluno.it/]Piumini moncler outlet], "real estate and other property owned by 26 people." "Auction afternoon, I endured not the toilet, did not see anyone come to auction, but no auction will be held, this is where Lin Xiaoping came out?" Pengcheng Zhong grew more and more puzzled. The same day, labor Feng Shanwei Intermediate People's Court to raise objections, but received no response.
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After that, Shanwei Intermediate People's Court ruled that execution is still in accordance with No. 090. Shanwei Intermediate People's Court also issued separately to Haifeng County Construction Bureau, Land Bureau to assist the implementation of the notice, asked the two departments with the transfer of ownership of real estate will be auctioned to the other 26 people name.. u; n; g% y* I: V
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In desperation, March 25, 2004, appeal to the labor Feng Shanwei Procuratorate.9 X/ m7 q: w! ?4 U3 m/ t0 O
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Procuratorate that the auction invalid$ H( p* {. D7 S9 P9 E O
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Auction Staff members shall not participate as bidders in the auction of their own organization or commission bidders bidding, auction pursuant Procuratorate considers invalid
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Shanwei Procuratorate Feng reflects the labor situation very seriously, prompt investigation.. W4 V: }: ^7 E9 N5 ]1 M
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8 o# A3 o6 C1 X( o ?" q8 i0 G: o& CIn the transfer of Haifeng County auction records, inquiries about the bank account, after the ownership of land and housing, Shanwei Procuratorate said: Haifeng auction house auction in violation of the relevant provisions of the "Auction Law", No. 090 identified by the fact that the main ruling indeed there is an error, and therefore on August 20, 2004 letter to the Shanwei Intermediate People's Court, that "proposal to be corrected."
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# B+ R; G# J% T' K; lShanwei procuratorate found that: According to the "Auction Notice" and "Auction Information" Haifeng auction published, must participate in bidding before the auction (ie before at 15:00 on November 22, 2002) will be 500,000 yuan as the bid deposit deposited in an account designated by the auction house. But the bank account information display, time deposits Lin Xiaoping is at 16:28:51 on November 22nd, 2002,[url=[第一私募论坛]http://www.simu001.cn]naturainvolo-flyzone.it]scarpe hogan outlet], more than a predetermined time; and deposit accounts are auction cashier Cai personal account, not auction designated account. Accordingly, Shanwei Procuratorate that the case not have qualified bidder, the auction house will labor Feng Haifeng County real estate auction company to violation auction procedures.
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8 T, D8 M6 u$ uShanwei Procuratorate also found Haifeng auction business portion of the main silver lived in Block A of the seventh auction property on payment receipt of its offer, fill in the name is Chen Hong of silver. The "Auction Law" Article 22 stipulates that the auction staff shall not participate in their own capacity as bidders in the auction sale or commission bidders bidding. Accordingly,[url=http://3288399ppe.cn/news/html/?710.html]http://3288399ppe.cn/news/html/?710.html], Shanwei Procuratorate that behavior also led to Chen Hong silver auction invalid.+ ?% O) X- I- b3 j. Q
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. z0 S/ k \$ A( `. ERecently, the Nanfang Daily reporter field survey found that, in the auction of the property cell door "household water and electricity this month payment information", the first 7 Block A house is also displayed as a column headed "Chen Hong of silver."
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Haifeng admitted auction, the auction will be the same day, Lin Xiaoping put forward their own to the auction is subject Linshun Han and other 26 people to participate in bidding jointly commissioned by real estate, such as competing, must apply for certificates of title in the name of 26 people. Lin Xiaoping did not provide the 26 identity cards and power of attorney.
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. d* I9 B) w9 G# g V' XFor seven years, Shanwei Procuratorate on illegal auctions repeatedly issued recommendations to the Shanwei Intermediate People's Court, but the latter consider themselves not errors.+ e% Q9 k( ?8 `# h( }7 n' y! C
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$ o$ D* o( o8 |8 m8 |- oShanwei Intermediate People's Court that: deferred payment bond auction, bidders remain qualified bidder, its 500,000 yuan deposit auction has played the main role in the actual guarantee. Why put money into private accounts cashier auction? Its identity Haifeng auction explanation: "This is corporate practices, personal accounts faster, if there be any problem, convenience refund." Article 7 A houses is the mother Huang Chen Hong of silver to pay for cotton, Chen Hong, accompanied by silver just live. 26 people involved in real estate bidding.( ?4 K' F* ~ G5 z U7 _/ o
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$ ]. G3 I" ~ ~$ tShanwei Intermediate People's Court also said: due Shanwei Procuratorate auction of property rights and the auction process different point of view, evidence collection is different, so the case has not made final disposal.
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. _/ A/ n5 C- N* K" `: _! l$ sCourt expanded the scope of implementation; |: f# G. r5 l
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8 k+ H6 o* n; s7 C% Y+ tParties to business owners is very puzzling: "Originally execution case only 11 million yuan, and why it was not so much the property seized me?"
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8 K9 S M7 ? P+ H to Nanfang Daily reporter, said: "For Oolong auction case, I continue to reflect to the authorities but the strange thing is that Shanwei Intermediate People's Court not only active correction,[url=[第一私募论坛]http://www.simu001.cn]pixian.sc.cn/home.php?mod=spacecp&ac=blog&blogid=][第一私募论坛]http://www.simu001.cn]pixian.sc.cn/home.php?mod=spacecp&ac=blog&blogid=], also repeatedly expand the scope of implementation, seized me several times in the return value. property paragraph. "
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February 21, 2006, Shanwei Intermediate People's Court again closed down labor Feng company is located in prime locations --- Haifeng county land through the city bus station next to the highway loess ridge of 3837 square meters. Following the March 1999 Shanwei Intermediate People's Court seized the land use right and buildings on the ground Yee Fung Building, Shanwei Intermediate People's Court has successively made No. 092, No. 093, No. 90-3, No. 90-6 and other civil ruling, the above Continue seized property.
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So far, Pengcheng Zhong seized land area over 10,000 square meters. According to the Shanwei Intermediate People's Court entrusted the asset appraisal firms evaluate other units, all property seized was valued at 40 million yuan. Today, the market price has reached 100 billion yuan., v4 p- b* ]& j" u2 h
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Almost all of the property has been seized, full of hope bigger and stronger enterprise Pengcheng Zhong deeply could not move. He was very puzzled: "Originally execution case only 11 million yuan,[url=[第一私募论坛]http://www.simu001.cn]casteldevalrose.fr]canada goose homme], and why it was not so much the property seized me?"7 _6 s6 z" h1 u. x3 {) j! g. n
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Last year, the Court was concerned draft implementation negative business owners/ p# P9 |4 ?( q9 C
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■ it has been claimed) h4 e( o1 O% t6 _4 L- n& t
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Faced with shady execution case, Pengcheng Zhong continue to petitions. December 1, 2010, Shanwei Intermediate People's Court had renewed implementation of the draft, but considered extremely unreasonable, it is denied. When the Nanfang Daily reporter, Shanwei Intermediate People's Court, said the leadership "is being properly handle the matter", but as of press time Nanfang Daily reporter,[url=http://store.shopping.yahoo.co.jp/gion/eh-tw8100w.html]http://store.shopping.yahoo.co.jp/gion/eh-tw8100w.html], has not issued a let parties have recognized the implementation of the program.
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An execution case dragged on for years, in addition to a large number of assets are set aside, there are some innocent people were implicated. Shanwei Procuratorate investigation that Shanwei Intermediate People's Court entrusted the subject of the auction, not all belong to labor abundance of corporate property,[url=http://ztube.site90###/view_channel.php?user=admin]http://ztube.site90###/view_channel.php?user=admin], which involves state-owned property, other collectively owned assets, and therefore does not have full disposition.
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An execution case, suffer multiple parties, we are looking forward to a fair and reasonable argument.5 j7 N7 b( V+ H) q2 c- {6 }2 T- T+ g
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