Create the atmosphere of integrity litigation to escort the development of the enterprise

Small and medium -sized enterprises are the vital army of national economic and social development. They are important forces to expand employment, improve people's livelihood, and promote entrepreneurial innovation. Further increase support for small and medium -sized enterprises, stimulate corporate vitality and development momentum, and it is of great significance to continue to do a good job of "six stability" and "six guarantees", stabilize the macroeconomic market, accelerate the construction of a new development pattern, and promote high -quality development. In order to further play the judicial function of the people's court and help the development of small and medium -sized enterprises, on January 13, 2022, the Supreme People's Court issued the "Guiding Opinions on Giving full play to the development of judicial functions to help the development of small, medium and micro enterprises." Article 4 of the Opinions states that promoting the construction of integrity in litigation, and severely punishing illegal acts that obstruct the normal operation and development of small, medium and micro enterprises through false lawsuits and malicious lawsuits.

Recently, Zhao Yiping, the legal representative and chairman of Jiangsu Huatong Electric Group Co., Ltd. (hereinafter referred to as Huatong Company), reported to the media: Shandong Electric Power Construction Third Engineering Company (hereinafter referred to as Shandong Electric Construction Company) sued Huatong Company and asked to return The payment was 4064295.64 yuan and compensated 4737559.72 yuan. In the first instance, the Shandong Province Shouguang City Court supported Huatong's defense claims and rejected the request of the lawsuit; The presence of Hua Tong's defense and maintained the original judgment. The relevant responsible person of Shandong Dianjian Company engraved the official seal of Huatong Company, suspected of forging evidence and false lawsuits, which led to all the accounts of Huatong's account for one year. Nearly 60 million non -performing loans, bidding projects cannot participate in bidding. Hua Tong Company reported to the relevant judicial departments in accordance with the law that it was suspected of violations of laws and regulations. At the same time, the Shandong Electric Power Construction Third Company claimed compensation. Acting for protest and requesting the judicial department to deal with it in accordance with the law to safeguard the legitimate rights and interests of Huatong.

The facts and passage of the case

Shandong Electric Construction Third Company due to the undertaking the case of the outsider Shenhua Guojianguang Power Generation Co., Ltd. Shousuang Power Plant (hereinafter referred to as Shouguang Power Plant) 2*1000MW unit project needs to purchase aluminum alloy cable bridges and cable bridge stands from Huatong Company. Commonly confirmed the total weight of the product (tonnage) of the single items of each specification and model of the products. As of April 2016, Shandong Power Construction Third Company commissioned Shoushuang Power Plant to pay 103,30051 yuan, and has not paid more than 4.8 million yuan. Hua Tong Company has repeatedly urged, and Shandong Dianjian Three Companies are not paying. In 2017, the relevant responsible persons of Shandong Dianjian Company engraved the official seal of the fake fake, suspected of false and malicious lawsuits Huatong Company.

The relevant responsible persons of Shandong Dianjian Third Company used the seal of the former name of Huatong's original company "Jiangsu Huatong Electric Group Co., Ltd.", which was stamped on its homemade bridge. Hua Tong Company was changed from the former "Jiangsu Huatong Electric Group Co., Ltd." on July 15, 2014. The contract involved was only signed by Huatong Company and Shandong Corporation in December 2014. And the administrative chapter of the former "Jiangsu Huatong Electric Group Co., Ltd." is an oval shape. Hua Tong reported to the Shouguang County Public Security Bureau of Shandong Province on January 25, 2019. The Zhang Jianqiao Police Station of the Public Security Bureau of Shouguang County received the case and accepted the case number (Shougong (Jian) ​​Case (2019) 00029). In order to achieve their non -payment or offering of the payment, the relevant responsible persons of Shandong Dianjian Company carefully planned the official seal and forged data to sue Hua Tong Company for suspected illegal means. After trial by the Shouguang City Court of Shandong Province and the Weifang Intermediate Court, the lawsuit request of Shandong Electric Construction Company was rejected. The two courts supported Huatong's defense claims and rejected the claim of Shandong Electric Construction Third Company. The relevant responsible persons of Shandong Dianjian Company have been suspected of criminal crimes.

Shandong Dianjian Third Company Litigation Huatong Company's first instance and two trials lost the case. The picture above shows the judgment of the first trial.

After the third company in Shandong, Shandong Dianjian had a social impact and major economic losses to Huatong. In order to safeguard the legitimate rights and interests, Huatong Company reported to the judicial department, appealed, and claimed damage compensation in accordance with the law, and was rejected by the first trial, the second trial, and the retreat. Essence

Opinion of Huatong Company's Agent Lawyer

1. In order to achieve the purpose of not paying or offering the payment, Shandong Dianjian Three Company adopted illegal methods such as fake official seal and false lawsuits. Investigation, the procedure is improper.

2. The original trial of Shandong Electric Construction Third Company's abuse of complaints In February 28, 2017, the facts that owed Huatong's payment were not visible. It was a manner that the wicked man was reported to lit. Huatong Company returned the payment and compensated the losses, totaling 8801855.36 yuan. Shandong Dianjian Three Company is a state -owned company. It has a strict approval procedure to pay the payment. It is impossible for Huatong to pay more than 4.06 million yuan in the payment of the payment in the complaint of his malicious lawsuit. It has obvious faults, which is a malicious lawsuit and serious infringement.

3. The compensation for the wrong application for property preservation belongs to the liability of infringement in nature. In this case, the lawsuit intention of Shandong Electric Construction Third Company is obvious, and it is intentional. Determining whether the application for property preservation is wrong, not only depends on whether the applicant's claim is supported, but also whether it has intentional or major faults. 4. Article 108 of the Civil Procedure Law of the People's Republic of China stipulates that if there is an error in the application, the applicant shall compensate the respondent for the loss of the respondent due to preservation. The application for property preservation of Shandong Dianjian Third Company not only repeatedly, but also exceeded the assets of Hua Tong Company, which is far more than the litigation label. There are subjective faults, which objectively causes large economic losses to Huatong. The result of the damage has a direct causal relationship with the wrong security behavior of Shandong Electric Construction Company, and Shandong Dianjian San Company should bear the liability for compensation.

5. The losses advocated by Huatong Company include the following two parts: First, the bank account was seized and caused interest loss. It affected Huatong's capital turnover and caused corresponding losses. The second is indirect losses: Including Huatong's company's preservation, it cannot participate in bidding, the bank's reputation is reduced, the bank cannot be loan, and the contract cannot be signed.

Huatong's appeal

1. Relevant responsible persons of Shandong Electric Jianjian Company have taken the official seal of forgery and suspected false lawsuits, and have been suspected of criminal crimes. Hua Tong Company reported to the Shouguang County Public Security Bureau of Shandong Province on January 25, 2019. The Zhang Jianqiao Police Station of the Public Security Bureau of Shouguang County has received the case. The department investigated and punished according to law, and rides the relevant responsible persons.

2. Shandong Dianjian San Company is suspected of false lawsuits and malicious lawsuits, which has caused social impact and major economic losses to Huatong. In order to safeguard the legal rights and interests, Huatong Company litigated Shandong Dianjian Third Company in accordance with the law and claimed damage compensation. The Procuratorate handles the role of judicial functions in accordance with the law and escorted the development of small and medium -sized enterprises.

3. Hua Tong Company litigated Shandong Electric Construction Third Company in accordance with the law and advocated damage compensation. Intervention, requesting relevant departments and leaders to intervene in the investigation to escort private enterprises with the power of justice.

The media will pay attention to the progress of the case and follow up reports!

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