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(Reporter Zhang Lei) the operation of the offenders spend Trustee friends to "fishing" out, the results were not "fishing" out, due to be reconciled in vain to take into 50,000 dollars, Ms. Yu will collect the money people to court requiring the return of 50,000 yuan "debt." This morning, Chaoyang Court of first instance verdict on the case. The court held that, because the two sides act as illegal, void of civil behavior, Ms. Yu's request had no legal basis, be rejected. At the same time,moncler sito ufficiale, the court made a decision in civil sanctions will be confiscated 50,000 yuan money involved.
Fishing people unsuccessful 50,giubbotti moncler,000 yuan for naught
Plaintiff's business partner, Ms. Yu Diao on suspicion of intentional injury case detained the public security organs, to this end, Ms. Yu Hai find a friend (a pseudonym), and asked if he could help put Diao "operational" out. Some called his fellow sea cow can help, they brokered Ms. Yu will be introduced to the cow. Cow promised to Diao "fishing" out, but on condition that requires payment of 50,000 yuan, Ms. Yu's "operating costs," Ms. Yu agrees to pay 50,000 yuan a cow.
This year on May 27, Ms. Yu Hai wrote a to a content "Ms. Yu now owe 50,piumini woolrich,000 yuan," the IOUs. Because ultimately not accomplishing things, 50,000 yuan hit "hydroplaning." Ms. Yu will be a sea, a cow and court, requires two people jointly and severally liable to return 50,000 yuan "debt." Ms. Yu IOU presented as evidence, after "Ms. Yu owed 50,000 yuan today," the text, was also coupled with the sentence: "Diao June 7 out IOUs aside,woolrich milano,http://tuonela.s138.xrea.com/lightbbs/light.cgi?res=24, people do not come back to be returned in full."
The morning after the verdict, a cow,piumini moncler, told reporters that 50,000 dollars is not a loan, is the work of Yu female Woodstock his money, but he has to find the relationship between the Trustee "flower" was. Because people spend too much fishing, Ms. Yu unwilling to pay, so it is not able person "fishing" out.
The court said that violate the law or the public interest in civil acts invalid. Ms. Yu and a,louboutin pas cher, a cow intent sea through illegal means making those suspected of crimes from mandatory measures, to avoid legal action,http://coucou.co/blog/439736/yi-zhao-also-stole-mui-bag/, conduct of the parties because contrary to law and public interests of the community, which was a civil act is void. Therefore, Ms. Yu Hai certain requirements, repayment of certain claims of "operating costs," the cow is the court dismissed.
Court court confiscated 50,http://www.8liuxing.com/home.php?mod=spacecp&ac=blog&blogid=,000 please trustee fee
With the verdict issued by the Chaoyang Court also made a "civil sanctions decision", this sanction was issued a written decision to the hands of a cow.
By law, the court found violations related to the case in litigation,woolrich prezzi, civil sanctions may be confiscated for illegal activities and illegally acquired property. Court said that as a cow charged 50,000 yuan Department engaged in illegal activities, property, and no evidence of a cow really have the money to someone else, the court ruled that the 50,000 yuan of money involved in the case were seized from bovine somewhere .
Morning, after the case was handed down, the agent, Ms. Yu said in an interview with reporters, they were satisfied with the verdict, to appeal: "We had wanted to let the defendant through legitimate ways Diao for bail, the intention is not wanted ' fishing people '. The defendant said he knew what the inspectors, I now believe that he was suspected of fraud, the defendant will retain the right to pursue fraud. "
Sea verdict of a wife and a cow to agree. Cow told reporters, Ms. Yu had to find him is to let him "fishing people", for the court to give him a human civil sanctions decision, cattle also expressed respect and a willingness to perform.
After the verdict, the judge told reporters that although the plaintiff's behavior can be understood on the reason, but "the trust", "fiduciary" act itself without legal protection, if only the decision will please care costs returned to the plaintiff, although denied the defendant's fiduciary behavior but certainly the plaintiff the trust behavior. Therefore, the court issued a "civil sanctions decision" will be involved in the collection of money, that the attitude of the Court,http://rwlacg.com/forum.php?mod=viewthread&tid=120096, for the social and civic behavior also has a guiding role. The judge said that if the plaintiff that the defendant constitute fraud, you can report to the public security organs, but does not affect the court sanctions in civil cases.
Tips
What is civil sanctions?
The so-called civil sanctions,peuterey prezzi, sanctions refers to the People's Court in the trial of civil cases,outlet moncler, the parties have taken offense, but unlike the Civil Procedure Law enforcement measures. According to the "Civil Law" provisions, civil sanctions have admonition, a statement of repentance, and confiscated illegal activities and illegally acquired property, fines,http://gruot.gicp.net:87/forum.php?mod=viewthread&tid=8335969, detention of five forms.
And under the "Civil Law", obstruction of compulsory measures of civil litigation, including summoned,moncler outlet,http://www.vfxjournal.net/blog/item/create_form/1, reprimanded and ordered to leave the courtroom, fines, detention and other five forms.
The difference is that both civil sanctions for conduct of the parties is a violation of substantive law sanctions,piumino moncler, sanctions targeted civil litigant, that the plaintiff, the defendant and the third person; and coercive measures obstruction of proceedings is in violation of procedural law on the behavior of the parties sanctions, for example,http://0431cj.com/news/html/?9955.html, disrupt the court,woolrich sito ufficiale, tore evidence, etc. The purpose is to eliminate the obstruction violations of civil litigation, the parties may object, but may be other participants in the proceedings or a third person outside the case.
Judicial practice,http://www.aurosiksha.org/login/index.php?item/create_form/1, courts take coercive measures obstruction of proceedings were more common, and taken to civil sanctions in that case is extremely rare. Newspaper reporter Zhang Lei |
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