The effective mediation letter cannot be executed for 15 years

A civil mediation letter that had taken effect as early as 2007, because of the participation of the system staff of many courts, it has been more than fifteen years since it is today. Some shareholders suffer from depression.

According to the parties, the (2007) Weizhong French Minzi No. 02 Civil Mediation Division has taken effect on December 5, 2007. On January 8, 2019, they submitted an application for implementing the case to the Weinan Intermediate People's Court. They filed a case on March 22, 2019, but so far they have not made any substantial progress.

Debt transfer causes lawsuits

From the beginning, things must be said that Yang Jie is a native of Pucheng County. Since the reform and opening up, she has raised funds with her husband, rolling development, and struggling in the Shanghai. Development, etc., has made outstanding contributions to the development of the local county economy, and has been praised by the local government many times. In 2004, Shaanxi Rongda Enterprise Asset Management Service Company transferred a total of 24.19 million yuan in debt to Natural person Yang Jie. The debt transfer contract was sent to the county coal mine after notarization of the Pucheng County notarization office, and the "Credit Transfer Notice" was issued. At this point, the debt relationship with the county coal mine was formed. In the case of the county coal mine, Yang Jie brought the county coal mine to the Weinan Intermediate Court.

The Weinan Central Court opened a first trial judgment on July 15, 2006 after three trials, and ordered Pucheng County Coal Mine to pay off the debt within one month. After the verdict came into effect, the Weinan Intermediate Court has not implemented in the past year. So Yang Jie asked for help from the Provincial High Court. The Shaanxi Provincial High Court made a "final ruling" on June 21, 2007, requiring Weinan Intermediate Court to transfer the case to the Xi'an Railway Intermediate Court within the 15th.

In the process of retrial, after several mediations of the trial of the trial, the two parties reached a mediation agreement. The court produced [2007] Weizhong French Citizen No. 02 Civil mediation letter to the two parties. On December 5, 2007, the mediation letter took effect.

There are six contents of mediation books (1) Pucheng County Coal Mine transfers all its property, debt and coal mining operation rights to Yang Jie ownership. (2) Yang Jie places all employees of the coal mine in Pacheng County in accordance with national policy. (3) Yang Jie repaid all the debt of the coal mine in Pucheng County. (4) Xiang Yangjie properly handles the relationship and interests of mining and mining in accordance with the law. (5) The debt claims of Yang Jie and Pucheng Coal Mine were eliminated. (6) The above items are fulfilled after the mediation letter takes effect. On December 5, 2007, the reporter Yang Jie and Pucheng Coal Mine received a mediation letter in court, and the mediation letter took effect.

After the mediation, the case was repeatedly retrial by the Weinan Intermediate Court

What is incredible is that the effective mediation document reached by the retrial has repeatedly submitted an application for execution and mail the implementation application to Weinan Intermediate Court through the notary office.

What is even more ridiculous is that in 2012, Weinan Middle School Pucheng County Coal Mine once again submitted a retrial application on the aforementioned mediation. The civil ruling ruling rules for retrial, until October 2013 Weinan Intermediate Court applied for the Shaanxi Provincial High Court to specify other intermediate court retrial on the case, and the Shaanxi Provincial High Court issued (2014) Shaanxi Min Supervisor No. 00001 Civil Ruling. Tongchuan Intermediate People's Court retrial.

On December 17, 2018, the Tongchuan Intermediate Court issued (2014) Tongzhong Tubinzi Citizenship No. 00001-1 civil ruling, rejected the retrial application of the coal mine in Pacific County, Shaanxi Province. Since then, Pucheng County Coal Mine in Shaanxi Province has also used China Huarong Asset Management Co., Ltd. Shaanxi Branch, Shaanxi Rongda Enterprise Asset Management Service Co., Ltd. and the reporter to confirm that the debt transfer agreement involved in the case was invalid, but it was eventually the highest. On June 18, 2018, the People's Court issued the (2018) Supreme Law Civil Shen Shen No. 2021 Civil Ruling to reject the application for retrial applications in Pusheng County, Shaanxi Province.

The effective mediation letter is difficult to file in Weinan

After 15 years of rights protection, the road to defending rights finally ended in 2018. During this period, the reporter sent the Weinan Intermediate Court to the Weinan Intermediate Court on December 3, 2008 to the Weinan Intermediate Court, and there was no result. It is puzzling that since the mediation letter has taken effect, why does the Weinan Intermediate Court not given the reporter for execution, and it must form another recreation of a collegiate panel?

On January 8, 2019, the reporter came to Weinan Central Court to file a case again. By March 20, 2019, the case was successfully filed, but the cases have not yet made any progress in the past two years, and the coal model has been shut down.

According to the survey, there are two state -owned coal mines in Pacific County, namely Pucheng County East Party Coal Mine and Pucheng County Coal Mine. While Liu Guanzhu served as the director of the Coal Bureau of Pucheng County, he first contracted the mining rights of the East Party Coal Mine to the time leader Yang Ying, then the head of the coal bureau inspection team. The identity of the two sides was not good, so she asked Yang Ying to register Pucheng Dongfa Coal Transportation Co., Ltd. in the name of Yang Ying's wife Zhang Liping.

On December 30, 2003, Liu Pingzhu signed the "Pucheng County Coal Mine Mine Technology Reconstruction Name" with Pacheng Dongfa Coal Transportation Co., Ltd. to sign "Pucheng County Coal Mine Mine Technology Reconstruction Contract" and contract Pucheng Coal Mine to Pucheng East Coal Transportation Co., Ltd.. The contract period is actually 25 years! The contract for regulatory fees and methods of paying is provided: 1. Before the signing of this contract, Party B (Yang Ying) must pay Party A (coal mine) with a cash by 100,000 yuan. Pack to Party B; 2. After the coal is seen, the next month of the coal, Party B pays the regulatory fee of 200,000 yuan to Party A each year. All mining income is owned by Party B. There is also a provision of the contract: All equipment and materials invested by Party B in the second well are owned by Party B. After the contract expires, Party B will handle it by themselves.

What the reporter does not understand is that a 150,000 -ton/year coal mine technology reform project takes 25 years and only pays 200,000 supervision fees each year. In this way, Director Liu Guanzhu and Yang Ying stole Liang to change the pillar and maliciously swallowed state -owned assets. All the two state -owned coal mines and assets of Pucheng have become their private property.

What is even more incredible is that after the signing of the coal mine technical reform project contract, the "investor" Yang Ying had no funds at all, so he valued 20 million in investment based on the state -owned assets Zhao Jiafengjing and project procedures, which brought a tourist company to contribute to the capital contribution. 30 million, the two parties have formed Dongfa Energy Industry Co., Ltd., which will change the technical reform contracting agreement, resources, assets, project procedures, etc., and all change them under the name of Dongfa Energy Industry Company.

Before the mediation letter took effect in 2007, the contractor Yang Ying illegally stole the state -owned assets. After the mediation letter took effect on December 5, 2007, Yang Ying's stolen assets should be the reporter. With the conservative estimation of the electricity consumption of coal mines, since December 5, 2007, the contractor Yang Ying stole a minimum coal of more than 5 million tons during this period, and the average profit per ton of coal was also 200 yuan. The income has obtained as much as RMB 1 billion.

An ordinary economic dispute case, after more than ten years, after the first instance, application for execution, applying for enforcement to the higher -level people's courts, instructions from higher courts to subordinate courts, retrial, retrial mediation, retrial application application execution, ruling for suspension of enforcement, rejuvenation of retrial again, rejection of retrial retrial Apply, apply for the execution of the case again.

This case almost traveled to all procedures of the Civil Procedure Law, and the case seemed to have never ended. However, from the entity, whether it is the first trial judgment or the reconstruction mediation, it confirms that the plaintiff’s claims are legal. From the procedure point of view, it seems that every procedure in the court has a legal basis, but every time it reaches the execution stage, the case has reversed. Not to mention that "power is greater than the law" is exhibited here.

So, when will this effective mediation letter be executed? When will this case a complete ending? let us wait and see! At the same time, the disciplinary inspection departments of Weinan City and Shaanxi Province can thoroughly investigate the case, and take out the ugly wormworms in the case, so that the parties will feel fair and just, and also a clear sky in the judicial system! (Wen Tu/Zhao Xudong)

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