It has been six years since people petitioned for land acquisition and demolition in 2003. However, due to the weakness of personal power, relevant departments have made a lot of perjury. So that the plaintiff's letters and visits for many years have no good results.
In February, 2008, Xu, the deputy director lawyer of Shanghai Puruo Law Firm, learned after consulting that the minimum compensation standard for Chongming house demolition land was 700+30% from March, 2003, instead of 300+ 150 yuan.
Lawyer Xu said at the time; You can claim compensation of 910-450 *180 = 82,800 yuan through litigation. According to the regulations, you can win the case completely, so Xu was hired as an arbitration application agent at that time. On February 18, the lawyer's fee of 5,000 yuan was paid immediately, and the power of attorney was signed.
On February 29th, 2008, Shanghai Arbitration Commission accepted the case.
On March 26, 2008, both defendants raised unreasonable jurisdictional objections at the same time. Article 1 1 of the demolition agreement stipulates two ways to resolve disputes. One; Dissolve from the court. Second; Apply to Shanghai Arbitration Commission for arbitration.
This agreement was made by Party A, but it was overturned by themselves, which is really unreasonable.
In this case, lawyer Xu Peikun not only failed to defend the plaintiff, but suggested that the plaintiff withdraw the lawsuit. And wrote a withdrawal letter, repeatedly advised the plaintiff to withdraw the lawsuit, but the plaintiff had no choice but to sign it.
Lawyer Xu said after withdrawing the lawsuit; The lawyer's fee is not refundable, but you can complain to Chongming Court.
After the complaint was submitted in late April, about May 20th. I received a phone call from the court saying that I would pay the legal fees, but the plaintiff did not receive the notice of filing the case, and then put the legal fees into someone else's account and let someone else transfer them.
It was not until August 28th, 2008 that the first defendant appeared in court. Only Chen Zilong, the defendant's agent, and Song Dejuan, the former second defendant, became the agents of the first defendant.
No one was present at the office of Chongming House, the second defendant's demolition implementation unit.
As the demolisher, the defendant Shanghai Ship New Donglian Shipping Co., Ltd. appeared in court, but the demolisher was a nominal short company. The company has no exact place of business and no real address, but the address on the receipt served by the court is No.468, Yangshupu Road, Shanghai, which has nothing to do with the defendant company and the recipient is Shu Jinmei.
Lawyer Xu turned a blind eye to this and finally advocated bringing legal proceedings against the plaintiff.
After the trial, Mr. Xu did not read the transcript. After signing, he left for about an hour and a half.
When the plaintiff signed it, he found that the transcript was incomplete and there was no factual basis in favor of the plaintiff. At that time, the plaintiff refused to sign and asked the presiding judge to leave a sentence. If you don't sign, you will leave without signing.
This time, the plaintiff did not get the help of a lawyer. The plaintiff called many times to ask where the lawyer was, but he didn't answer. Finally, I learned that I was called by the judge to talk in private. This made the plaintiff doubt the case. Why did the plaintiff's lawyer ask the judge to talk privately for nearly an hour and a half without going through the plaintiff? This shows that this case is unfair.
On 20081October 20th 10, the plaintiff lost the case.
The plaintiff refused to accept the appeal. Due to the appeal period and lawyer's fees, the plaintiff had to ask permission to write an appeal on his behalf.
After Mr. Xu wrote down the pressure of appeal, the plaintiff kept calling to inquire about the progress of filing the case in the second instance, and went directly to the Second Intermediate People's Court. There was no news and he kept replying. No case has been filed yet. It was not until June 65438+1October 65438+March 2009 that the plaintiff suddenly got the news that his case had been decided. Xu said; Sentenced on February 23rd, 65438. However, as of June 3, 2009, the filing court of Shanghai No.2 Intermediate People's Court said that it had not filed a case, and as of June 6, 2009, the filing court of No.2 Intermediate People's Court had no record of filing a case in the second instance. Strangely, however, this case was decided on February 23, 2008. Moreover, the filing and judgment of the case were made without the plaintiff's knowledge.
In this case, I don't know whether there is something wrong with the computer in the Second Intermediate People's Court or whether it is open, fair and just, and the judges in the Second Intermediate People's Court are biased.
After investigation, Mr. Xu forged a power of attorney without the plaintiff's signature, specifically authorizing him to represent the plaintiff in all litigation activities in the second instance. After consulting the file of the Second Intermediate People's Court, Xu did not testify for the plaintiff, but helped the defendant. The announcement of the east. On September 20, 2003, Chongming stipulated that it would be applicable from March 1 day, 2003, which was deliberately said to be applicable in 2004. For details, please refer to page 23 of the document. Our relocation was from April to June, 2003. According to the demolition permit and demolition announcement, the demolition area belongs to the demolition of houses in counties and cities, and Xu deliberately echoed the defendant's statement that the demolition of houses built in cities is the demolition of houses on collective land. "Demolition notice as evidence".
On page 24 of the file of the second instance, Xu claimed 82,800 yuan in the unauthorized litigation, deliberately saying that the defendant had paid the plaintiff for perjury.
After consulting the court file, Xu not only violated the plaintiff's name right in the second instance, but also had no right to represent him. The power of attorney of Xu in the first instance file of Chongming Court was also forged. In the first trial, the lawyer did not advocate the proceedings and reasons for the plaintiff, and did not refute unreasonable words. The defendant moved the house for a reasonable and legal reason. The house area was 94,029 square meters, but one square meter was not provided according to the house.
At the first trial, the lawyer read the complaint of two defendants, and then only one defendant's complaint was found in the file, and the defendant in the file was a short-selling company. Only they know who the real defendant is behind shorting the company.
The second defendant, Chongming County Construction Land Office, deducted the rights and interests of the relocated households everywhere during the demolition process. This trial, not only did not appear in court, but even the complaints of two defendants became the complaints of one defendant. I wonder how the plaintiff's lawyer operates with others.
What people don't understand is that as a lawyer, Xu accepted the plaintiff's lawyer's fee. When he sued, he told the plaintiff that he would win the case. However, after the arbitration was initiated, Xu not only did not help the plaintiff, but also colluded with the defendant to support the unreasonable demands of the defendant and repeatedly advised the plaintiff to sue. After withdrawing the lawsuit, he also said that he would not refund the lawyer's fee. The purpose is for the defendant to control the plaintiff.
The exchange of the complaint in the first instance and the forged power of attorney in the second instance have no right to intentionally commit perjury, help the defendant, deceive the plaintiff, or have other intentions. His purpose is to make the plaintiff lose the case.
What makes people think impassability is; This self-proclaimed 20-year-old judge and an old lawyer for many years, what power made him even have no professional ethics and make a despicable act of losing his conscience and humanity? What powerful force distorts the soul of an old lawyer who knows the law and distorts the balance of the law?
Xu, the deputy chief lawyer of Puruo Law Firm, did something detrimental to the plaintiff's interests for improper purposes, and even more despised the dignity of the law, undermined the normal work of the law and disturbed judicial justice.
To this end, I think; Lawyer Xu has lost his professional ethics and is not worthy to be a qualified lawyer. If his behavior continues to develop, it will damage the image of Shanghai as an international metropolis, the purity of the professional team of lawyers, the openness, fairness and justice of national laws, the normal operation of work, the dignity of the law and the legal protection of people's interests.
In order to maintain social morality, the higher authorities are strongly required to punish their behavior and purify the lawyers.
May 20(th), 2009
A hundred people seeking legal justice