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Hezhou Grand Hotel's 'Rotten Tail Building' has started again!
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Recently, an explosive news, with the "rotten tail project" construction site on all four sides of the "bad tail project" on all four sides of the "bad end project" hanging out of the "start of construction" huge slogan, quickly became a hot topic of discussion in the streets and alleys of Hezhou citizens and a hot post shared by the "circle of friends".
Why does an engineering project attract such high social attention?
This has to start with a "hard bone" execution case. The reason why the case was successfully concluded was due to the work concept of the Hezhou Intermediate People's Court of "serving the overall situation and administering justice for the people". In the course of enforcement, the court obtained multi-party cooperation to legalize the property of the person subject to enforcement, maximizing the benefits of the realization of the property to be enforced, and protecting the legitimate rights and interests of all parties.
Landmark buildings unexpectedly "rotten tail" Judicial credibility has been tested
"Hezhou Grand Hotel Project" is located in the main city of Babu District, Hezhou City, located near the administrative center of Hezhou City, the construction plan is a five-star standard hotel, and will become a landmark building in Chengdong New District of Hezhou City after completion.
With the advancement of the project, a certain investment company in Hezhou, the owner, used the state-owned land use right of more than 90 mu of the project land as collateral, raised funds from financial institutions, and signed a construction contract with a construction company in Guangxi, the construction contractor, and the project started as scheduled.
In order to solve the problem of insufficient funds, an investment company in Hezhou mortgaged the hotel's construction project and made loan financing to financial institutions.
However, in November 2012, an investment company in Hezhou broke the capital chain due to its own reasons, and the "Hezhou Hotel Project" declared a "bad end".
On August 11, 2014, a construction company in Guangxi, the construction party, sued an investment company in Hezhou to the Intermediate Court of Hezhou City. After the court tried in accordance with the law, the final judgment ruled that an investment company in Hezhou should pay the contractor, a construction company in Guangxi, 52.609 million yuan in lost expenses for work stoppages and interest, and a construction company in Guangxi enjoyed statutory priority over the project payment.
On December 11, 2015, a construction company in Guangxi applied to the Hezhou Intermediate Court for enforcement.
Due to the incomplete administrative examination and approval permits or licensing procedures of an investment company in Hezhou, the company is already in a state of suspension, and its legal representative has been detained in other cases and has no other property to enforce, and the case has fallen into a state of stalemate.
"The case has a long time, a wide range of involvement, a high degree of attention, and the negative impact of many problems such as the failure of the project on the image of urban construction has been increasing." The judge handling the case said that how to implement it in order to achieve the unity of legal effects and social effects not only requires rich judicial wisdom, but also becomes a major problem that tests the credibility of the court's judiciary.
Adhere to the cooperation of multiple parties to break the situation and solve the biggest crux of the case
"It is necessary to adhere to the purpose of serving the overall situation in trial enforcement work, take the initiative to adapt to the new situation and new situation, persist in using rule of law thinking and rule of law methods to resolve contradictions and disputes, coordinate the interests of all parties, and reflect the due responsibility of the judiciary," Cheng Guang, president of the Hezhou Intermediate People's Court, made a request to the judge handling the case.
In order to solve the problem, the Hezhou Intermediate People's Court immediately launched the "special discussion on major, complex, and difficult cases" procedure, and convened senior judges of the whole court to try and enforce the case to conduct a "consultation." After repeated demonstrations, it was decided to dispose of the "Hezhou Hotel" under construction and the four pieces of land originally planned for the project.
Although the solution has been clarified, the implementation is difficult, involving many legal relations, and only the joint efforts of the party committee, the government and the political and legal departments can form a strong thrust. Subsequently, the court took the initiative to report to the party committee, relying on the support of the government, and the leaders of the court commanded from the front to carry out the implementation of the case in an orderly manner.
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During this period, Li Hongqing, secretary of the Hezhou Municipal Party Committee, listened to the suggestions and opinions of the Intermediate People's Court on the implementation of the case three times, And Wei Sheng'an, member of the Standing Committee of the Municipal Party Committee and secretary of the Political and Legal Committee, and Chen Lihua, vice mayor, repeatedly convened meetings of relevant departments to coordinate and solve relevant problems.
On the basis of the "external force", the hospital has also made sufficient efforts in the cultivation of "internal strength". The hospital set up a "new type of enforcement team", and the vice president in charge of the Intermediate People's Court led a number of key case-handling cadres to carry out work separately, and sent letters to the municipal government and relevant functional departments to jointly study the relevant approval procedures for the "Hezhou Hotel".
After unremitting efforts, at the end of October 2016, a construction company in Guangxi, the applicant executor, voluntarily paid more than 4 million yuan in advance for the construction fee and other related expenses on behalf of the executor, and completed the legalization procedures for the construction project and land under construction of the "Hezhou Hotel" according to law. At this point, the biggest obstacle to the implementation of the case has been removed.
Adhere to fairness, fairness and openness, and serve the overall situation to win praise
In order to ensure that the enforcement work achieves the effect of openness, fairness and justice, after the parties and the court of the first case agreed to transfer the property of the person subject to enforcement to the Hezhou Intermediate Court for disposal on January 4 this year, the Hezhou Intermediate Court sent case-handling personnel to contact the mortgagee on the basis of the construction project and the fact that the "Hezhou Hotel" has a number of mortgage rights on the land, and repeatedly communicated and coordinated on the protection of the rights and interests of all parties, the procedures and details of the realization, etc., in order to seek consensus.
On March 6, the Hezhou Intermediate People's Court organized an enforcement hearing with the participation of the applicant executor, the person subject to enforcement and the mortgagee on the matter of the reserve price of the overall auction, listened to the opinions of all parties, and quickly produced an enforcement ruling to serve on the parties after the meeting.
"It is rare for the court to take the initiative to hold an enforcement hearing to hear the opinions of the parties, which fully protects the legitimate rights of the parties, and I would like to praise this behavior." Lawyer Yang Xiaojun, the entrusted agent of a construction company in Guangxi, said.
On March 29, with the hammer of the auction company," the overall auction was sold for 165.048 million yuan. On May 9, the "Hezhou Hotel" was rapidly constructed under the promotion of the new owners. On June 30, Jiang Mou, a project manager of a construction company in Guangxi, went through the legal procedures for receiving 52.609 million yuan in project funds.
At this point, the Hezhou Intermediate People's Court's execution of the "Hezhou Grand Hotel" case was successfully concluded.
Producer: Hezhou Intermediate People's Court
Image: From the Web
Edit: Mangosteen
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