Apply for refusal to pay 1

Applicant: XXX, gender, address

Applicant: XX Municipal Bureau of Justice, address.

Matters to be applied for: The applicant refuses to accept the administrative ruling of the xx District People's Court (20xx) No.27 Xia Chu Zi and the XX Intermediate People's Court of XX ProvinceNo. 190 Hang Xing Zi, and hereby applies to the XX City Procuratorate for supervision and lodge a protest according to law.

Facts and reasons:

The applicant complained to the XX Municipal Bureau of Justice that lawyer XX violated the law and discipline, and did not perform his duties seriously after accepting the entrustment, which damaged my legitimate rights and interests. Require the XX Municipal Bureau of Justice to investigate and punish XX according to law and compensate for the losses.

After receiving the complaint materials, the XX Municipal Bureau of Justice failed to perform its statutory duties in accordance with the Measures for Punishment of Illegal Acts of Lawyers and Law Firms and the Provisions on Administrative Punishment Procedures of Judicial Administrative Organs. On July 2 1 day, 20xx, the applicant filed an administrative lawsuit with the people's court of xx District, XX City, appealing to the defendant to perform his statutory duties according to law and make a decision to punish XX.

The case was put on file for review, and a collegial panel was formed according to law, which was heard in public on September 2 of the same year.

1. The fact that the defendant failed to perform his statutory duties according to law is clear.

1. according to the defendant's "administrative reply", after receiving the complaint, the lawyer management office of our bureau launched an investigation and collected the relevant case materials obtained by Wulian. However, in the evidence list and corresponding evidence provided by the defendant, there is no factual evidence and legal basis for the defendant to obtain the relevant materials of Wulianyuan according to law.

The evidence provided by the defendant is illegal.

The "evidence" 1, 4, 5, 6, 7 and 8 provided by the defendant were obtained from the Lawyers Association of XX City and were illegal. The applicant complained to the bar association first, but lost the trust of the applicant because of the irresponsibility of the bar association, and then complained to the defendant that XX violated the law and discipline. Therefore, the defendant did not entrust the lawyers association to investigate, because there is an interest, the lawyers association should also avoid it. However, most of the evidence submitted by the defendant in this case is the masterpiece of XX Lawyers Association. These so-called "evidence" can not only prove that the defendant's behavior is illegal, but also prove that the defendant failed to perform his statutory duties according to law.

3. The defendant failed to provide the applicant's complaint and relevant evidence to the court.

The applicant provided the defendant with a complaint and corresponding evidential materials, complaining that XX violated the law and discipline. However, in this case, the defendant did not provide the complaint and the corresponding evidence materials except the non-litigation agency contract and agency contract. What is the purpose of the defendant to conceal the complaint and the corresponding evidence materials? Because the court did not identify the evidence according to law after the trial, the court's judgment of the facts was obviously wrong.

4. The facts of the respondent's violation of law and discipline are clear.

1) Lawyer XX illegally provided entrusted matters that could not be fulfilled in the Non-litigation Agency Contract, defrauding the applicant to pay the lawyer's agency fee.

2) After accepting the entrustment, the illegal lawyer XX failed to investigate and collect evidence according to law; Sealed hospital medical records.

3) After accepting the entrustment, the illegal lawyer XX deliberately reduced the fact that the applicant was hurt.

4) After accepting the entrustment, the illegal lawyer XX fails to calculate the compensation target according to law, and intentionally damages the legitimate interests of the applicant (if the target is calculated according to law, it will be reduced to more than 50,000).

5) After accepting the entrustment, the illegal lawyer XX deliberately concealed the important original evidence provided by the applicant.

According to the ninth item of Article 8 of the Measures for Punishment of Illegal Acts of Lawyers and Law Firms: after accepting the entrustment, the client fails to perform his duties seriously, causing losses to the client; Article 12 Whoever intentionally harms the interests of the client after accepting the entrustment ...; Other acts that should be punished as stipulated in Item 11 of Article 44 of the Lawyers Law (formerly the Lawyers Law) shall be punished by the judicial administrative organ according to the Lawyers Law and these Measures.

Two, the court of first instance in violation of the law, the evidence does not make a factual determination.

The reply of the defendant XX Municipal Bureau of Justice is inconsistent with the evidence provided, and most of the evidence provided does not have legitimacy, authenticity and relevance. Lack of factual evidence and legal basis. After the court of first instance held a public hearing, it did not actually identify the evidence.

The ruling of the court of first instance and the transcript of the trial proved that the court of first instance did not confirm the evidence.

3. The court of first instance violated the procedure and determined the fact that the defendant failed to perform his statutory duties according to law.

The defendant did not provide the registration evidence after the complaint, nor did he provide the complaint file of the respondent XX according to the Measures for the Administration of Complaint Files and Bad Behavior Files of Lawyers and Law Firms in XX City, as well as the factual evidence and legal basis of the duties that the above lawyers should perform according to the corresponding laws and procedures. The defendant did not provide factual and legal opinions for the investigation of the respondent XX. The court of first instance shall, according to the facts, determine that the defendant failed to perform his statutory duties according to law.

There is no statute of limitations in this case.

This case has been examined by the collegial panel, and there is no question of exceeding the limitation of action. The court of first instance did not examine the illegal acts of the XX Municipal Bureau of Justice, but deprived the applicant of his legal appeal right by "exceeding the limitation of action".

If the defendant has no evidence to prove that he has performed his statutory duties according to law, there is no fact that the statute of limitations has exceeded. Legally, the starting time of prosecution for non-performance of statutory duties is stipulated after 60 days, but there is no statute of limitations for non-performance of statutory duties.

The purpose of this legislation is to protect citizens' rights of supervision, accusation, application and litigation.

Five, the court did not take the initiative to add a third person ex officio.

In this case, the plaintiff is the complainant and the respondent is XX. The judicial administrative organ is the supervisory organ, and the administrative counterpart exercising its functions and powers is XX and the law firm. Whether the defendant performs his legal duties according to law and investigates and collects evidence from the law firm where XX is located through legal procedures is related to XX and XX IOT Law Firm. Only by adding a third person to the court of first instance can we find out the facts of the case more clearly, and it is possible to ensure the justice of the judicial process to the maximum extent and make a correct judgment on the case. The court of first instance did not take the initiative to add a third person, which shows that the court of first instance is very clear about the fact that the defendant did not perform his statutory duties according to law.

This demonstration

VV people's procuratorate

Protest applicant:

Date of application:

Apply for protest 2

Applicant: Company A.

Domicile: ............

Legal Representative: ..... manager of this company.

Respondent: Company B.

Domicile: ...........

Legal Representative: ..... manager of this company.

Application request:

Respondent A refuses to accept the judgment of Huaibei Intermediate People's Court of Anhui Province [20xx] Huai Min Zhong Er ZiNo.1KLOC-0/and Lieshan District People's Court of Huaibei City of Anhui Province [20xx] Lie Min Zi ... and requests your court to lodge a protest in accordance with the trial supervision procedure.

Facts and reasons:

In 20xx, Company A signed a coal supply contract with Company B, which stipulated: "The goods will arrive at Tongshan Port in Xuzhou, the receiving place, including 800 yuan/ton." All expenses before the goods arrive at the port of receipt shall be borne by the supplier, and the expenses after arrival shall be borne by the consignee. "After the first batch of goods, the settlement method is to pay the full amount in one lump sum ten days after the goods arrive at the receiving port."

Company B claims that the goods have been delivered and Company A has not paid for the goods. Evidence provided by Company B: 1, coal supply contract and power of attorney; 2. Payment receipt; 3.A company's raw material inspection report; 4.20xx certificate issued by company C on February 14, XX; 5. Certificate issued by Wu Weiwei on February 14, 20xx; 7, coal inspection list; 8. Pay invoices and SMS by mobile phone.

We have no objection to the validity of the Coal Supply Contract and the Power of Attorney. However, the evidence of "receipt of payment" provided by Southeast Transportation Company cannot prove that we received the goods in form or substance. First, the name of the "receipt" does not match the formal receipt; Second, who is the drawer "Shuang Lee" on the "receipt of payment" and can't prove his identity; Third, the signature of the payee on the "receipt of payment" cannot confirm who it is; Fourth, there is no official seal of company A on the "receipt of payment". For such a large batch of goods, the receipt issued by the consignee is illegal. There is no official seal and the signature is illegible. This phenomenon deserves our discussion.

The evidence is "the certificate issued by Wu Weiwei on February 14, 20xx". First of all, it is impossible to prove whether Wu Weiwei really exists. Secondly, it can be proved that the port fee of Hengsheng pipe pile was received. Even if this person really exists, its function of proving this content is questionable. In addition, the port charges received from Hengsheng Pipe Pile Co., Ltd. can be verified by the company's personnel. In other words, this evidence can't prove whether the goods have arrived at the port, let alone the later proof.

Evidence: CertificateNo. 14 issued by Company C on February 20th, 20xx, Receipt of Reconciliation of Company C, and Court Record on Zhu Congjing. First of all, the "Certificate issued by Company C on February 28th, 20xx 14" has no official seal, so it is self-evident whether the evidence is legal or not. Secondly, the mutual confirmation of these evidences can only prove that the company has contact with Liu Moumou, and the coal belongs to Liu Moumou and has been under his control, and only the second person, Gao, appeared in the contact process. Why is this person only known by Liu? As for whether the goods were shipped from company C to company A, this evidence alone cannot achieve the purpose of proof. When a transportation company signs a transportation contract with a person, it only depends on the mouth of the contact person to know which company needs to transport the goods. Whether the company really wants them to transport the goods or not, they will not ask their contacts to prove their identity with business licenses or other relevant certificates. Therefore, it is even more impossible to prove whether the payer on the settlement voucher of Company C is Company A. Moreover, the date of issuing the settlement receipt of Company C is 20xx65438+10.4, and the date of "receipt" is 20xx65438+10.2. To say the least, I have no objection to this "receipt" except the date. It is totally illogical and incomprehensible to sign for the goods before receiving them. The above evidence is contradictory and untrue and should not be adopted according to law.

Apply for protest 3

Applicant: XXX, gender, address

Applicant: XX Municipal Bureau of Justice, address.

Matters to be applied for: The applicant refuses to accept the administrative ruling of XX District People's Court (2008) Xia Chu Zi No.27 and the administrative ruling of XX Intermediate People's Court (2008) Hang Xing Zhong Zi No.0/90, and hereby applies for the supervision of XX City Procuratorate to lodge a protest.

Facts and reasons:

The applicant complained to the XX Municipal Bureau of Justice that lawyer XX violated the law and discipline, and did not perform his duties seriously after accepting the entrustment, which damaged my legitimate rights and interests. Require the XX Municipal Bureau of Justice to investigate and punish XX according to law and compensate for the losses.

After receiving the complaint materials, the XX Municipal Bureau of Justice failed to perform its statutory duties in accordance with the Measures for Punishment of Illegal Acts of Lawyers and Law Firms and the Provisions on Administrative Punishment Procedures of Judicial Administrative Organs. On July 2, 2008, Kloc-0, the applicant filed an administrative lawsuit with the People's Court of XX District, XX City, demanding that the defendant perform his legal duties according to law and make a decision on punishment for XX.

The case was put on file for review, and a collegial panel was formed according to law, which was heard in public on September 2 of the same year.

1. The fact that the defendant failed to perform his statutory duties according to law is clear.

1. according to the defendant's "administrative reply", after receiving the complaint, the lawyer management office of our bureau launched an investigation and collected the relevant case materials obtained by Wulian. However, in the evidence list and corresponding evidence provided by the defendant, there is no factual evidence and legal basis for the defendant to obtain the relevant materials of Wulianyuan according to law.

The evidence provided by the defendant is illegal.

The "evidence" 1, 4, 5, 6, 7 and 8 provided by the defendant were obtained from the Lawyers Association of XX City and were illegal. The applicant complained to the bar association first, but lost the trust of the applicant because of the irresponsibility of the bar association, and then complained to the defendant that XX violated the law and discipline. Therefore, the defendant did not entrust the lawyers association to investigate, because there is an interest, the lawyers association should also avoid it. However, most of the evidence submitted by the defendant in this case is the masterpiece of XX Lawyers Association. These so-called "evidence" can not only prove that the defendant's behavior is illegal, but also prove that the defendant failed to perform his statutory duties according to law.

3. The defendant failed to provide the applicant's complaint and relevant evidence to the court.

The applicant provided the defendant with a complaint and corresponding evidential materials, complaining that XX violated the law and discipline. However, in this case, the defendant did not provide the complaint and the corresponding evidence materials except the non-litigation agency contract and agency contract. What is the purpose of the defendant to conceal the complaint and the corresponding evidence materials? Because the court did not identify the evidence according to law after the trial, the court's judgment of the facts was obviously wrong.

4. The facts of the respondent's violation of law and discipline are clear.

1) Lawyer XX illegally provided entrusted matters that could not be fulfilled in the Non-litigation Agency Contract, defrauding the applicant to pay the lawyer's agency fee.

2) After accepting the entrustment, the illegal lawyer XX failed to investigate and collect evidence according to law; Sealed hospital medical records.

3) After accepting the entrustment, the illegal lawyer XX deliberately reduced the fact that the applicant was hurt.

4) After accepting the entrustment, the illegal lawyer XX fails to calculate the compensation target according to law, and intentionally damages the legitimate interests of the applicant (if the target is calculated according to law, it will be reduced to more than 50,000).

5) After accepting the entrustment, the illegal lawyer XX deliberately concealed the important original evidence provided by the applicant.

According to the ninth item of Article 8 of the Measures for Punishment of Illegal Acts of Lawyers and Law Firms: after accepting the entrustment, the client fails to perform his duties seriously, causing losses to the client; Article 12 Whoever intentionally harms the interests of the client after accepting the entrustment ...; Other acts that should be punished as stipulated in Item 11 of Article 44 of the Lawyers Law (formerly the Lawyers Law) shall be punished by the judicial administrative organ according to the Lawyers Law and these Measures.

Two, the court of first instance in violation of the law, the evidence does not make a factual determination.

The reply of the defendant XX Municipal Bureau of Justice is inconsistent with the evidence provided, and most of the evidence provided does not have legitimacy, authenticity and relevance. Lack of factual evidence and legal basis. After the court of first instance held a public hearing, it did not actually identify the evidence.

The ruling of the court of first instance and the transcript of the trial proved that the court of first instance did not confirm the evidence.

3. The court of first instance violated the procedure and determined the fact that the defendant failed to perform his statutory duties according to law.

The defendant did not provide the registration evidence after the complaint, nor did he provide the complaint file of the respondent XX according to the Measures for the Administration of Complaint Files and Bad Behavior Files of Lawyers and Law Firms in XX City, as well as the factual evidence and legal basis of the duties that the above lawyers should perform according to the corresponding laws and procedures. The defendant did not provide factual and legal opinions for the investigation of the respondent XX. The court of first instance shall, according to the facts, determine that the defendant failed to perform his statutory duties according to law.

There is no statute of limitations in this case.

This case has been examined by the collegial panel, and there is no question of exceeding the limitation of action. The court of first instance did not examine the illegal acts of the XX Municipal Bureau of Justice, but deprived the applicant of his legal appeal right by "exceeding the limitation of action".

If the defendant has no evidence to prove that he has performed his statutory duties according to law, there is no fact that the statute of limitations has exceeded. Legally, the starting time of prosecution for non-performance of statutory duties is stipulated after 60 days, but there is no statute of limitations for non-performance of statutory duties.

The purpose of this legislation is to protect citizens' rights of supervision, accusation, application and litigation.

Five, the court did not take the initiative to add a third person ex officio.

In this case, the plaintiff is the complainant and the respondent is XX. The judicial administrative organ is the supervisory organ, and the administrative counterpart exercising its functions and powers is XX and the law firm. Whether the defendant performs his legal duties according to law and investigates and collects evidence from the law firm where XX is located through legal procedures is related to XX and XX IOT Law Firm. Only by adding a third person to the court of first instance can we find out the facts of the case more clearly, and it is possible to ensure the justice of the judicial process to the maximum extent and make a correct judgment on the case. The court of first instance did not take the initiative to add a third person, which shows that the court of first instance is very clear about the fact that the defendant did not perform his statutory duties according to law.

This demonstration

VV people's procuratorate

Protest applicant:

Date of application:

Apply for protest 4

Applicant: * * *, male, Han nationality, born on * * * * * village, Shandong Province, and now lives in * * * * * district.

Respondent: Binzhou Dongsheng Carpet Co., Ltd.

Address: Area code of Huimin County Development Zone.

Request: Withdraw the request

In the case of a general loan contract dispute between the applicant and the respondent, the civil ruling of Huimin County People's Court (20 1 1) ruled that the applicant refused to accept the ruling of first instance and appealed to Binzhou Intermediate People's Court. Binzhou Intermediate People's Court rejected the appeal and upheld the original judgment on the grounds that the repayment voucher provided by the applicant had no official seal. The applicant thinks that the evidence for ascertaining the facts is insufficient, and according to the provisions of Article 185 of the Civil Procedure Law, he applies and requests the people's procuratorate to lodge a protest.

First, the final ruling found that the factual evidence was insufficient.

The final ruling found that the repayment voucher provided by the applicant was not supported without the official seal. Due to the chaotic internal management of Cai Xia Carpet Group Co., Ltd. at that time, some documents were only signed by the payee, and the payee could testify in court as a witness, but the court made a final judgment without summoning witnesses to testify in court.

Therefore, it is unreasonable that the final ruling finds that the repayment voucher provided by the applicant cannot be supported without the official seal.

Second, the Court of Final Appeal wrongly applied the law.

The final ruling found that the signature of the applicant's wife on the statement had the same legal effect. According to Article 66 of the General Principles of Civil Law, an act without agency, beyond agency or after agency termination can only bear civil liability if it is ratified by the principal. Knowing that another person has committed a civil act in his own name without denying it is deemed as consent. The applicant denied his wife's signature in court, so the signature on the statement has no legal effect.

Therefore, the application of the law is wrong, so it is submitted to the procuratorate for protest.

This demonstration

* * * * Court

Applicant: * * *

2008 1 1 month

Apply for protest 5

Applicant: Liu xx, female, born in June of 1958 1, Han nationality, individual physician, living in xx, wife of the defendant Wang in the ss People's Court (1995). Tel: 180ssss5320.

Respondent (plaintiff of first instance, appellee of second instance, respondent of retrial) Zhang xx, male,/kloc-0, born in February 1959, Han nationality, farmer, living in xx.

Refused to accept the civil judgment of zhijin county People's Court (1995) No.899, Zi Chu, Zhi Min, due to the dispute between the applicant and the respondent over the ownership of the house and the house pawn; Refused to accept the civil judgment of zhijin county People's Court (2002) No.529, Zi Chu, Zhi Min; He refused to accept the civil judgment of Bijie Intermediate People's Court (2002) Biminzhongzi No.650, and applied to Bijie Intermediate People's Court for retrial on February 18, 2002. On February 5, 2003, Bijie Intermediate People's Court (2003)No. 19 Civil Judgment rejected Liu's request for retrial. The applicant refused to accept the judgment, and filed a retrial protest application with Bijie District Procuratorate Branch in March 2004, and handed it over to zhijin county People's Procuratorate. On March 30, 2004, the People's Procuratorate of zhijin county made a decision to file a case for civil administrative prosecution (No.1 2004), but it has not been successful so far. Now, an application for retrial protest is filed with the People's Procuratorate of Guizhou Province according to law, and the requested items are as follows:

1. Request the People's Procuratorate of Guizhou Province to lodge a protest with the Higher People's Court of Guizhou Province according to law.

2. Thereafter, request the Higher People's Court of Guizhou Province to cancel the civil judgment of Bijie Intermediate People's Court (2003)No. 19; (2002) Biminzhongzi No.650 Civil Judgment; Zhijin county People's Court (2002) Zhi Min Zi Chu No.529 Civil Judgment; (1995) Zhi Min Zi Chu No.899 civil judgment, remanded for retrial or designated for retrial, supported the applicant's appeal.

Facts and reasons:

Five x syndrome

To sum up, because the judgments of the first, second and second retrial were wrong in fact and trial procedure, the applicant refused to correct them and felt deeply unfair. In March 2004, according to the second paragraph of Article 187 of the Civil Procedure Law of People's Republic of China (PRC) and the relevant provisions of Article 33 of the Rules of People's Procuratorate for Handling Civil Administrative Protests, a retrial protest was filed with the branch of Bijie District Procuratorate.

To the People's Procuratorate of Guizhou Province.

Applicant: Liu xx

20XX June 19

Apply for protest 6

Applicant: Shandong Peace Management Co., Ltd. Address: No.56, Shanda Road, Lixia District, Jinan.

Legal Representative: Li Wei, board chairman.

Respondent: Jiaqing, male,1born on April 23rd, 1963, Han nationality, unemployed, now living at 2-203, No.37 Tourist Road, Jinan.

Respondent: Niu Li, female 1973 12 years 10/2 days, Han nationality, living at No.22 Heping Road, Central District of Jinan City.

Protest request

Request to lodge a protest in accordance with the law and revoke the civil judgment of the Lixia District People's Court of Jinan City, and the people's court will retry and change the judgment.

Facts and reasons

If the judgment procedure is illegal and the facts are found to be wrong, an application shall be filed in accordance with the provisions of 208th Article of the Civil Procedure Law, requesting the people's procuratorate to lodge a protest.

1. The service procedure of the court of first instance was illegal, and the summons was not actually served on the applicant, depriving the applicant of his litigation rights.

1. According to Article 85 of the Civil Procedure Law of People's Republic of China (PRC), the service of litigation documents shall be directly delivered to the addressee. If the addressee is a citizen, I will not give it to his adult family to sign for it; If the addressee is a legal person or other organization, it shall be signed by the legal representative of the legal person, the principal responsible person of other organizations or the responsible person of the legal person or organization; If the addressee has an agent ad litem, he may send it to his agent for signature; If the addressee appoints an agent to the people's court, it shall send it to the agent for signature. In this case, the applicant, as an enterprise legal person, was not directly served on the legal representative or agent by the court of first instance, nor was it served on the parties through other legal channels. The procedure was illegal and the applicant was deprived of the right to participate in the litigation.

2. It is wrong for the court of first instance to serve the so-called party Li * * as the employee of the applicant to prove that the summons has been legally served on the applicant. Article 59 of the Civil Procedure Law stipulates that "a power of attorney signed or sealed by the client must be submitted to the people's court when entrusting others to represent the litigation. The power of attorney must specify the entrusted matters and authority. " It can be seen that the authorization of the agent is not only the expression of the true meaning of the participants in the litigation, but also the authority of entrustment, which is a complete entrustment procedure. The court has the obligation to examine the authenticity and integrity of the entrustment procedure. Li * * Even employees of the company may not be qualified to be customers. What is the legal basis for being an employee or an agent ad litem? Can the principle of agency by estoppel also be applied to civil litigation activities?

Even if "agency by estoppel" can be applied, there is no reason to establish "agency by estoppel". The salary slip provided by Li * * has no seal and no definite date. How to prove who paid the salary? It cannot be proved that Li was working in the applicant's office when the case was filed. A business card can only prove that he has been in Changping Logistics before, not an employee of the applicant Shandong Peace Management Co., Ltd. In the case file of the court of first instance, a piece of evidence (post responsibility) provided by Li * * can just confirm the time of his resignation, and the filing time of this lawsuit is 2065438+May 2006. What qualifications does Li * * have as an agent of the applicant? It is inconceivable that the court of first instance should consider Li * * as an employee of the applicant under such obvious loopholes and insufficient evidence. Therefore, the service of the court of first instance was wrong, it was wrong, but it was not delivered to the applicant, so the case should be rejected and retried.

3. The signer of the summons, Li * *, was originally an employee of the Peace Hotel of the respondent Jia Qingying. After that, the property was subletted to four people to operate Changping Logistics, and Li * * stayed in Changping Logistics to continue his work. Changping Logistics was seized by Niu Li on the night of April 2016 13 in the name of shareholder dispute, and the so-called "security company control" was used. "No one is allowed to enter or leave without its permission". All employees have left their jobs. How was the court service in May 20 16? It is really strange that a resigned employee can impersonate an applicant's employee to sign a subpoena. How did he learn about the lawsuit and sign for it? Normal people's thinking in litigation is to escape, rather than submitting a series of evidence such as salary slips, business cards and post responsibility letters to actively ask for participation in litigation.

To this end, I hope your hospital will focus on investigating Li * *, find out the truth, and hand over the offenders to the relevant authorities for handling!

Second, the original judgment found that the facts were wrong, and the actual executor of the lease contract was not the respondent Jiaqing, so he did not have the qualification of litigation subject.

In the original trial, the respondent Jiaqing provided the agreement signed on April 9, 2006+2065438, which proved that there was a lease contract relationship between Jiaqing and the respondent Niu Li, and the respondent Niu Li also provided a cooperation agreement, which proved that Jiaqing only fulfilled his duties, and the actual executor of the contract was Changping Logistics. However, in this case, the "agreement" between Jiaqing and the defendant Niu Li to initiate litigation is false and forged. Its formation time should be two years later, after 2065438+April 2006. You can draw a conclusion through judicial expertise.

Even if there is a sublease contract between Jiaqing and Niu Li, in fact, the sublease contract signed by both parties at the beginning only transferred Jiaqing's renovation fee of 1.2 million, which has been fulfilled. Later, Changping Logistics or Niu Li, the actual lessee of the house, did not pay rent to Jiaqing, but paid rent directly to the owner after Jiaqing agreed, and the owner also accepted the rent of Changping Logistics, indicating that Changping and the owner formed a new lease contract. In this lawsuit, Niu Li provided rent receipts, utilities receipts, etc. It can also prove that the actual performance of the housing lease contract involved is the owner and Changping Logistics, and the landlord and Changping Logistics are the actual performance of the contract and the subject of the contract. The rights and obligations of a contract are only granted to the person who performs the contract. The previous agreement between Jiaqing and Niu Li has been fulfilled, and the fulfilled contract is no longer binding on both parties. Therefore, the respondent Jiaqing claimed that there was no factual and legal basis for liquidated damages, and he was not qualified as a litigation subject.

To sum up, the court of first instance made a judgment when it found that the facts were wrong, which harmed the interests of the applicant and should be corrected.

In order to safeguard the legal dignity and the legitimate rights and interests of the applicant, we hereby request the procuratorial organ to protest according to law.

I am here to convey