Who moved my auction money? 9:30 tonight

2022-07-05 0 By

After the Supreme People’s Procuratorate won the lawsuit, the debtor has been delaying the execution. Seeing the real estate auction loan is expected to be recovered, but suddenly two new “creditors” distribute more than half of the execution money.When the executioner’s property is auctioned by the court, two new “creditors” descend from the sky to help distribute most of the auction money.After the creditors applied for supervision, prosecutors scrutinized them, starting with two suspicious copies of marriage licenses, to cut through the fog of false prosecution.In the end, the judgment of the original trial was cancelled, the false participants were investigated by law, and the legitimate rights and interests of creditors were effectively safeguarded.Recently, jiangsu Province Jingjiang City procuratorate handled the civil false litigation supervision case in the real estate field, successfully entered the Jiangsu procuratorial organs civil judgment results of the supervision case “top 10” ranks.In 2004, through the introduction of a friend, Lao Zhou accepted a pile of earthwork from Jia Jian.In September 2005, after the completion of the project, the two parties confirmed the project payment. Jia Jian paid part of the project payment, and the balance of more than 900,000 yuan was not paid.In May 2007, Lao Zhou filed a lawsuit against Jia Jian, which lasted nearly a year. Finally, Lao Zhou won the lawsuit and the court ordered Jia Jian to pay 957,400 yuan to Lao Zhou for the project.However, after the court’s ruling, Jia still failed to pay for the project, so Zhou applied for enforcement.During the execution, the court seized jia Jian’s property.After the property was seized, Lao Zhou thought jia jian would soon be paid the money he owed for the project, but the matter dragged on for 12 years.During this period, Jia Jian went to the court several times to say that the property was the only house for his family and had already been mortgaged to the bank. If forced to auction, the family would be homeless.As the bank enjoys the priority of compensation, the proceeds of the house auction can be distributed to Lao Zhou is not much, the court comprehensively considered a variety of factors, did not immediately start the auction procedure.At the same time, the court suspended the execution of the case because Jia had no other property to execute.In April 2017, Mr. Zhou learned that the bank loans related to Jia’s seized property had been settled and jia’s children had grown up.According to Zhou, although the property involved in the case is Jia jian’s only home, it cannot be used as a reason to block the execution.Therefore, Lao Zhou applied to the court for the resumption of execution, and requested the disposal of jia Jian’s property.At this time, the court did not adopt Jia Jian’s request, ruled in accordance with the law to start the judicial auction process of the property.Zhou, who got the auction verdict, was confident that the property was appraised at about 700,000 yuan, and that he would finally be able to recoup a large part of the project money he had been waiting for years.Who knows, when want to carry out fund allocation, Jia Jian suddenly however much two “creditor” participate in come in.In the end, Zhou only got 180,000 yuan.It turned out that on the eve of the property auction, two “creditors” named Chen Yi and Zhu Er sued Jia Jian and his wife, saying that Jia Jian and his wife borrowed money from them in 2007 and 2009 respectively, and now the settlement, respectively owe more than 1 million yuan in principal and interest.Jia jian’s wife appeared in court to participate in the trial, but without any defense, fully admitted the other side’s claim.Soon, Chen and Zhu won the case: the court ordered Jia to pay them 1.3 million yuan and 1.6 million yuan, respectively.Immediately, the case smoothly into the execution of the program.Chen yi and Zhu Er proportionately share the majority of the execution fund.”After more than a decade without a lawsuit, the house is auctioned off and suddenly there are two more ‘creditors’ to participate in the distribution. There must be something wrong!”Seeing the allocation plan, Old Zhou was furious.The case is full of doubts and false lawsuits appear pictures from the network, irrelevant to the text only got more than 100 thousand yuan auction money old Zhou, the more I think the more I feel things are very strange.In March 2019, Zhou applied to the Jingjiang People’s Procuratorate for supervision over the case.After a preliminary assessment, prosecutors agreed that the two new “creditors” were too clearly involved in the distribution of the auction money. However, a review of the two relevant civil judgments found nothing unusual.The prosecutor immediately called in the case file and began further examination.”Jia Jian’s performance in the three cases is so different.”Jia Jian in the performance of the lawsuit, let the prosecutor in charge of the case.In the case sued by Lao Zhou, Jia Jian tried his best to defend in the trial and put forward rebuttal opinions to every piece of evidence presented by Lao Zhou. After the judgment of the first instance, he continued to appeal and appeal. In the execution stage, he repeatedly raised objections to execution, exhausted the remedy channels and delayed execution for more than ten years.However, in the trial of the two cases in 2017, Jia Jian was unusual in that he only entrusted his wife to appear in court on behalf of the plaintiff, and his wife freely agreed to all the litigation requests of the plaintiff in the trial. She also cooperated with the plaintiff in the execution stage and signed for the legal documents smoothly. It only took 5 months from the prosecution to the execution of the two cases.”If something goes wrong, there must be a demon. But where are the flaws?”With doubts, prosecutors went through more than 1,000 pages of the original case file word for word.Then a piece of unremarkable evidence caught the eye of the prosecutor.Both cases sued Jia Jian and his wife on the grounds of their joint debt, so they provided copies of Jia jian’s marriage certificate as evidence.However, the two cases are not related, but the two copies of the marriage certificate appear in different files, the angles, directions and paper creases of the copy are mysteriously the same.The prosecution immediately hired professionals to make a careful comparison and confirm that the two copies of the marriage certificate are formed by the same copy.With the deepening of the investigation, more and more doubts – in response to Lao Zhou’s prosecution case, Jia Jian had hired a legal worker Nian for its defense, appeal;And in response to the new Chen one lawsuit case, year mou appears again, but the role is changed for the plaintiff Chen one’s agent, help Chen one sues Jia Jian.More outrageous is, in the newly added zhu 2 prosecution case, the plaintiff Zhu 2 actually transferred all the execution funds to the year seems to have nothing to do with it.Also, two cases are targets for informal lending cases involving more than 100 ten thousand yuan, but two of the plaintiff are ordinary working-class, annual household income in 100000 yuan, lending capacity is very limited, which had debts owing to the plaintiff zhu 2 at the same time also for being sued to the court, does not have the ability to lend more than 100 ten thousand yuan, and zhu 2 claim 1.6 million yuan of creditor’s rights,There was 200,000 yuan to help Jia repay the loan due, but in fact Jia had no corresponding loan to repay.Combined with various suspicions, prosecutors decided that the two new cases are likely to be suspected of false lawsuits.After a collective discussion, they decided to transfer the clue to the public security organs for investigation.At the same time, in order to facilitate the investigation, the prosecutor sorted out all the evidence materials and made a detailed investigation report, listing the direction and focus of the investigation.In October 2019, the Public Security Bureau of Jingjiang city immediately started the criminal investigation procedure after receiving the transferred materials.When the public security organ summoned Jia Jian and others for the first time, Jia Jian and others thought they had done everything perfectly and repeatedly emphasized that the court judgment had confirmed the fact of the loan and there was no false.However, after the investigation personnel throws the objective evidence such as marriage certificate photocopy, money trend ceaselessly, the attack and defense alliance of Jia Jian and others begins to disintegrate gradually, explained the whole story of the thing step by step.Originally, when Lao Zhou sued Jia Jian, Nian, as Jia Jian’s agent, helped out a lot of ideas, successfully dragged the case for more than ten years, Jia Jian thought that Nian’s legal level was very high, encountered legal problems to consult Nian.At the beginning of 2017, when Jia Jian learned that the court would start the auction process to dispose of his property, he hurried to Nian and told nian that “the house will not be saved” and asked Nian to help him find a way.Year mou analyzed the case situation, feel this really can not find a suitable reason to stop judicial auction.However, under Jia Jian’s repeated requests, Nian mou still gave a “clever plan” : let Jia Jian find someone to Sue themselves, to participate in the distribution of execution funds.Thinking of being able to “recover part of the loss”, Jia ignored the legal risks behind Nian’s suggestion, so he entrusted Nian with carte Blanche to start planning.After a few times ponder, Jia Jian sought his most trusted distant nephew Chen Yi and good friend Zhu Er to be “creditor”.After the fake creditor was selected, Jia jian determined the false loan amount and forged a number of loan transactions under nian’s suggestion.May feel everything “under control”, Gu Jian in preparation for evidence to prove that borrowing is husband and wife, a total of debt, for convenience, marriage certificate with a mobile phone to take photos after, in a direct print two copies in the office, a gave Chen a, one for the two, zhu prepay the fees, and then let Chen, zhu people bring to their prepared all kinds of evidence to the court.In mid-May 2017, the court filed two cases filed by Chen Yi and Zhu Er.In the same month, the court held a trial, but on the eve of the trial, Chen was reluctant to appear in court for fear of being discovered.Year mou had to write a power of attorney, let Chen a signature, his behalf Chen to participate in the lawsuit, and Jia Jian by his wife on behalf of the court.Before appearing in court, Jia repeatedly told his wife not to talk too much and to agree to the other side’s request.In June 2017, Jia jian obtained two verdicts as he had hoped.After the ruling came into effect, Jia Jian immediately arranged Chen yi and Zhu Er to apply for execution and participate in the allocation of the house auction funds.After the event, Chen yi cashed the money directly to Jia Jian, Zhu Er transferred the money to Nian, nian transferred to Jia Jian.So far, Jia jian successfully got back more than half of the auction money through two false lawsuits.Justice’s mill is slow but sure, jia Jian and others thought perfect plan, under the careful investigation of the judicial organs riddled with loopholes.In October 2020, the People’s Procuratorate of Jingjiang city issued a retrial recommendation to the court, suggesting that the court start the retrial.In March 2021, after the retrial procedure, the Court of Jingjiang city determined that the original case was a false lawsuit, annulled the original judgment and rejected the lawsuit requests of Zhu Er and Chen Yi.At the same time, in view of the Gu Jian people suspected of the crime of false action behavior, such as the jingjiang city attorney to Sue, in December 2020, criminal judgment rendered by the jingjiang court cognizance Gu Jian couple, in a, a, zhu Chen second-class commits false litigation crime, sentenced to eight months to one year four months, and shall assume the corresponding penalties.After getting the criminal judgment, Jia Jian remorseful, Chen Yi, Zhu Er is crying in court.Because of a certain department of legal workers, its participation in false litigation behavior also involved in the management of the sanction.In order to standardize the industry behavior, in January 2021, Jingjiang City Procuratorate issued a procuratorial suggestion to the relevant competent departments, suggesting that Nian should be restricted and punished, and use this case to alert and educate other legal workers.After the relevant competent departments received the procuratorial suggestions, they recovered the practice certificate and started the cancellation process, and the case of the year to all employees to warn.(The names of the people involved are all pseudonyms.)False litigation means that the parties in a civil action maliciously collude to bring a civil action by fabricating legal relations, fabricating case facts or forging evidence, or apply for enforcement by false arbitration awards or notarial documents, so that the people’s court makes a wrong judgment or enforcement decision.Acts that impair the interests of the State, the collective or the public or the lawful rights and interests of a third party.False litigation not only damages the legitimate rights and interests of the parties or outsiders, disturbs the normal judicial order and damages the judicial authority, but also may be suspected of criminal crimes.Therefore, whether filing a false lawsuit or cooperating with others to file a false lawsuit, you must not act impulsively, do not let yourself in prison for the sake of relatives, friends, and do not harm others for personal gain.Lawyers, as grass-roots legal service workers and important participants and promoters in building the rule of law in China, should abide by professional ethics and the spirit of rule of law.Lawyers’ associations and associations of legal service workers should also standardize management and encourage lawyers and legal service workers to standardize their practice.The procuratorial organ is the state legal supervision organ, has the responsibility and obligation to safeguard the correct implementation of the law.In this case, the prosecutor handling the case fully using the right of investigation to verify, hand in hand with the public security organs, through the “criminal penalties and civil punishment”, against false action force, with solid evidence to overturn the original judgment according to law, the punishment of false lawsuit behavior person, at the same time, through to the grass-roots legal workers association issued the procuratorial advice, deeply involved in social governance,The legitimate rights and interests of the people have been protected, and their sense of gain, happiness and security has been enhanced.(Ge Dongsheng, Ding Mingxia, Wu Lin, Procuratorial Daily)