[democracy and legal weekly] appropriate guest: Who should is in lustre is the group suspected of co

Core clew: ?

Area of emerald green to city of guest of Sichuan province appropriate screen and international community one, 2, 3 period for the owner buying a house that reachs project of hardware Electromechanical city, had come Bei of it may be said was fond of occur simultaneously 2019: The house that they expected 5 years has been built eventually, but tardy cannot consign, the reason is house price rose, they want the price difference buying a house with filling corresponding capture.

And to developing the appropriate of afore-mentioned projects actually Bin Zhongze invests group limited company (next weighing " in lustre group " ) for, appeared 2019 all way that having goinging develop.

Before this, because be suspected of admitting public deposit guilt illegally, in lustre group in September 2014 by public security bureau of appropriate guest city substation of emerald green screen (next weighing " substation of public security of emerald green screen " ) put on record is investigated, was moved to send court of district of emerald green screen cognizance in September 2017, this case at this late hour still not careful knot.

Come 5 years, the owner that buy a house once for many times the house that dimension authority hopes to take them to think to belong to them; In lustre group for dish deserve it is project, difficult to solve capital, write help of government of district of request emerald green screen for many times; Government of district of emerald green screen manages for appropriate this rises to affect biggish to collect money illegally in place big case, established much department of division of emerald green screen technically to be comprised jointly " hit and deal with to collect money illegally leader group office " (next weighing " area of emerald green screen is hit blame do " ) .

But come 5 years the effort of tripartite, however because of in January 9, 2019 lustre the group gives out " appropriate Bin Zhongze invests group limited company to ask the announce that inscribes a solution about bequeath of appropriate guest area " (next weighing " in lustre group announcement " ) and the condition that faces all one's efforts wasted, after all who should is in lustre the group is suspected of collecting money illegally behavior buys sheet, also became the central issue that causes controversy.

The industrial and commercial information that register shows, in lustre the group held water on November 11, 2004, the legal representative is Deng Yuchuan, scope of operations is: The investment of the market, highway, municipal to market trade infrastructure, travel, 100 trade, property management, estate.

Personage of know the inside story of this locality of the guest that occupy appropriate introduces, from 2012 the beginning of the year, in lustre city of guest of group subordinate appropriate makes rich plain estate develops limited company (next weighing " abundant plain company " ) , 10 thousand gold estate of appropriate guest city develop limited company (next weighing " company of 10 thousand gold " ) , estate of the benefit in appropriate guest city develops limited company (next weighing " medium.

On March 16, 2012, abundant plain company referred to government of district of emerald green screen " writing on-the-job personnel and the letter that provide the privilege that buy a house from retiree about be institution of office of district of emerald green screen " , its content shows: Be in and construction of international community project advances a process in, get area of emerald green screen of relevant section support energetically, the room cause that my company determines by this case of one's own accord and favourable price, offer institution of office of district of emerald green screen making up on-the-job personnel to reach buy from him retiree, room source limits is and A06-01 of international community project piece the residence of the ground, the amount is 800 about.

On March 20, 2012, government of district of emerald green screen to area of emerald green screen departmental door allotted each street, villages and towns and area class " company of development of estate of Bin Yuchuan of appropriate of transmit of office of government of people of division of emerald green screen of appropriate guest city is institution of office of district of emerald green screen to be in.

"Right now this project had be notted obtain open to booking licence, stem from the reliance of force of public to the government letter, we buy a house eagerly at that time, some buys many even. Because did not open to booking licence,also be, in lustre group can the form with loan or the formal collection that buy room intent gold, sincerity gold buy house fund, come to sign the accrual of this paragraph of time between building business contract actually to our underwrite gathering. " many owner that buy a house expresses.

Additional as we have learned, the beginning of the year is medium 2014 lustre afore-mentioned 3 estate subsidiary acquire the group the building opens to booking licence, fill neat early days place lacks procedures.

On this foundation, in lustre the group turns the multiform capital of consign of early days of the owner that buy a house to buy house fund, open receipt of the money that buy a house to each party, signed with party stay in those who build sectional supervise the manufacture of to make type buy room contract, the contract that buy a house all shows buy a house for entire section.

However, be in in lustre group and buy room door when the autograph orders room contract, its oneself has faced severe capital pressure.

An inscribe time is on August 26, 2014, in lustre government of Xiang Cuibing district refers the group " the urgent ask for instructions that is faced with predicament to request district government support to solve relevant and agog problem about the enterprise " show: Since this year, because whole of industry of national policy adjusting control, real-estate faces dilemma, national banking policy is adjusted, tighten up loan dimensions, infrastructure builds division of emerald green screen the reason such as sale of serious lag, influence, the enterprise faces greater difficulty, contradiction is more outstanding, ask governmental support especially.

In September 2014, in lustre group financing catenary ruptures, and because cannot repay civilian leasehold capital and be suspected of absorbing public deposit blame illegally to be investigated by put on record of substation of public security of emerald green screen, afore-mentioned residential projects also are closed down.

"In lustre after group occurrence issue, no matter be the still building building that has built dish was forced to be laid aside, because fear our money earned by hard toil hits water to float, we ever requested a government to appear personally for many times help us coordinate settle this matter. Because this problem involves a number amount of numerous, capital is huge, the government also takes seriously very much really, established a working group technically. " many owner that buy a house expresses to the reporter.

On August 9, 2016, benefit firm sticks in gave one paper " " appropriate guest and international community " announcement of go back to work of first phase project " : Since 2014, in government of Party committee of appropriate guest city, borough and all circles personage support falls, in lustre the group begins debt to recombine to dissolve the job with management crisis hammer and tongs, show and international community first phase already had requirement of go back to work.

After this, and international community project is closing down below condition, begin in succession go back to work.

However, it is to begin go back to work here progress is rapid, the is suspected of absorbing the public illegally to deposit money criminal case there makes progress however very slow. This case after from September 2014 put on record is investigated, till two years after court of You Cuibing district accepted gift in September 2017, and at this late hour is one year the time of half goes, this case still not careful knot.

"See a village eventually go back to work, our heart is very glad, but it is good to did not think of as Lou Panliu add is built, we cannot take the room that should belong to us originally according to the contract more and more however. " many owner that buy a house expresses.

On June 18, 2018, in lustre the group is referred to government of district of emerald green screen " to the middle of working group report lustre the point of problem solution " (next weighing " plan point " ) , its content shows: To low the behavior that reach a house is maintained invalid, collect money at the same time participate in person and in lustre the group undertakes affirming to creditor's rights, sign Qing Dynasty to retreat collect money paragraph reimbursement agreement, after Qing Dynasty retreats time to recombine a success by the enterprise, the gold of accrual countervail repayment of capital that carries development earnings of two years, the interest that already drew is strong reach corresponding amount principal.

Appeal to to set related the law according to punishment, the deadline that the careful that draws public deposit proposal illegally writtens guarantee is in November 2018, courtyard of the civil code that be like a person on schedule sessional, go against solve collect money the fund raising that participates in a person money Qing Dynasty is retreated reach dissolve social contradiction better, adjure governmental working group to coordinate court of district of emerald green screen to hear this case deadline to apply for to adjourn one year again to the supreme court.

"If say in lustre a this document that the group submits is it only character, we do not have too afraid word, but next the trend of incident however beyond our expect, even more and more make us afraid. " many owner that buy a house expresses.

On January 9, 2019, in lustre the group is released in be aimed at lustre the owner buying a house of area of group appropriate guest, collect money those who participate person and other and civil loan " in lustre group announcement " . This announce shows, in lustre group course and in build the financial orgnaization related project project hypothec person many rounds of negotiation, formulate the owner inside appropriate guest area makes a room, collect money the comprehensive plan that paragraph Qing Dynasty is retreated and other and civil liability repays, defined total program.

" in lustre group announcement " show, in lustre group general and international community cent is eye of new, Laoxiang to undertake allocation dealing with. Among them old project is to point to in September 2014 lustre the principal part when open to booking and selling permissive qualification, stop work has been acquired before group proposal is sent the building is finished basically or already the project of complete, mix for instance international community one, 2, 3 period reach project of hardware Electromechanical city.

New project is to point to in September 2014 lustre the group did not gain rate of progress planned speed of project of the main body when open to booking or selling permissive qualification, stop work under the project of 30% , mix for instance international community 5, 6 period project.

And involve the numerous owner that buy a house, mix just about international community one, 2, 3 period reach project of hardware Electromechanical city, namely in lustre the old project that the bloc indicates. Be aimed at this part project, in lustre the group is in " announce " in express, already finished in the room tubal branch contract puts on record of formalities buy room door to press consign of the plan that make a room, divide building consign building in installment; With collecting money paragraph, project money, material money turns of the money that reach a house (next weighing " as a way of reachs a house " ) , by as a way of the plan that reach a house chooses a clause to undertake handling independently, continue to advocate those who want a house namely, choice room source needs to issue the bill that already picked room source to touch room gathering bill to reach namely collect money bill photocopy, already signed " contract of commodity house business " need offers original contract, ask tripartite orgnaization to be opposite afresh at the same time the market value of house property undertakes fixing a price, past breath is touched this hind the rest capital is one-time strong support house property cost, surplus capital can't pay, collect money by this participate in a person one-time cash is complemental. If abandon position wanting a house, retreat with cash Qing Dynasty collect money paragraph.

Be in same day, substation of public security of emerald green screen releases " during about safeguarding appropriate Bin Zhongze invests group limited company to make a room the announce of order of security of society " : In lustre after the group is suspected of absorbing public deposit case illegally to be investigated by my bureau put on record, enter judicatory to deal with now level, ask to buy room owner to wait to must not violate relevant law statute, safeguard self-consciously during making a room order.

On January 24, 2019, area of emerald green screen hits blame did to also release " announce " : To protect each interest effectively, dissolve contradiction and problem, act on the esteem history, principle that deals with lawfully, in lustre the group will be in what the government concerns a section to supervise below, touch room staff to be signed afresh with relevant as a way of first " book of purpose of commodity house business " , the pay of money of house of odd building settle accounts according to bilateral check and ratify is hit to area of emerald green screen blame in handling the superintendency account that establish, wait for a judiciary to remove corresponding house property after closing down, in lustre group general and type of emend of relevant personnel autograph " contract of commodity house business " , deal with a net by relevant provision autograph, put on record wait for formalities. The autograph makes an appointment with the job to will end before April 30, 2019. The as a way of that exceed the time limit did not deal with touchs room door proper motion to bear legal consequence.

"Contrast area of emerald green screen is hit blame do " announce " in mixing lustre the group refers " plan point " reach its to release " in lustre group announcement " , in can discovering lustre the request of the group gets basically satisfaction, and we serve as the owner that buy a house, medium perhaps lustre what the group maintains is alleged collect money participate in a person, be in however " in lustre group announcement " the solution that offers is made was stripped in the process expressive oneself appeals to the right that seek legally, in lustre group one-sided made this solution, let our absolute acceptance however? Government of district of emerald green screen was 2012 in lustre after group sale endorses, endorsing for this one solution again nowadays, does public letter force where? In lustre the group is suspected of drawing public deposit illegally, make us broad buy room owner to buy sheet for this behavior however, does fairness where? House price rose nowadays so much, let us fill price difference? That if house price fell, can you withdraw our redundant fund? Crying to protect each interest on governmental mouth, can look from their behavior, the interest that who protected is this after all? " many owner that buy a house expresses.

On Feburary 22, 2019, suffer tens of names to buy room owner to entrust, courtyard of law of university of Chinese politics and law teachs Liu Xiaobing with acting lawyer identity Xiang Cuibing area is hit blame do handed over " about in lustre the group is suspected of collecting money illegally the lawyer law opinion of one case " .

"Entrust these my owner that buy a house, the situation is different: Have a plenty of direct consign to buy house money to sign contract of the room that order, it is the owner buying a house on common sense; In having a plenty of early days to be in lustre the group collects money illegally borrow as capital in the process a person and in lustre group happening crosses leasehold relation, after this the form that with collecting money the paragraph increases fund of complemental and odd house and in lustre the group signed the contract that buy a house; Still have a plenty of answered appeal of government of district of emerald green screen to buy a house 2012 but because of in lustre the group was not obtained open to booking permissive qualification and buy house fund with other name pay, after this signs the owner buying a house of contract of the room that order formally again. From the back two kinds of circumstances, it is medium lustre so called as a way of supports group and government of district of emerald green screen room door. " Liu Xiaobing says.

Liu Xiaobing expresses, to the owner buying a house of the first kind of afore-mentioned circumstances, involved legal concern is very clear, below the bilateral and freewill, condition that did not violate state law regulation, nature of the contract that buy a house is effective. To the 2nd kind of circumstance, its and in lustre the group is put in impact of two kinds of legislation actually, namely leasehold legislation impact and building business law concern. In leasehold legislation impact, in lustre the group is debtor, collect money participating in a person is creditor.

In fact, in lustre the group was obtained 2014 after opening to booking licence, already returned to partial creditor in succession before was being returned already the loan of collection, returning returned form is to turn be the money that buy a house and already by in lustre the group gives with the form of house money receipt affirm. At this point, bilateral leasehold law relationship has been fulfilled end.

And order room contract from bilateral autograph and already after sum pays the money that buy a house, both sides formed the contract law that buy a house further on this foundation the law concerns; The 3rd kind of circumstance is this truth likewise, just turn those who be the money that buy a house is intent gold, deposit and in lustre the project money that group place weighs, material money.

No matter afore-mentioned where are planted circumstance, the contract buying a house that both sides signs is lawful and effective, falling via the circumstance of money of sum delivery house already, in lustre the group did not make a room as scheduled according to the contract however, had made serious break a promise.

"In lustre the group claims because its get threatening and accept each party as a way of to reach a house act against one's will the requirement is apparent and promiscuous above two kinds of law concern, not only violate a fact, and illogical, more have no right of one-sided decision contract put useless, force to buy room owner new label orders room contract and complemental price difference is serious illegal conduct more. And government of district of emerald green screen is first in be lustre group sale endorses, after this is again in lustre group present illegal behavior endorses, more difficult demit its blame. " Liu Xiaobing says.

The reporter covered area of emerald green screen with respect to afore-mentioned incident relevant section, area of emerald green screen is hit blame after doing in area of course emerald green screen to publicize a branch to coordinate, promise to accept interview, but hit when reporter and area of emerald green screen blame after doing personnel to meet, its express to be able to have this incident case brief introducing only again, and cannot be announced external.

After this reporter covers need the problem to list clear single cross to give the person that be interviewed afresh again, publicized a ministry to report this case with place, up to the return was not achieved when distributing news dispatches. In the meantime, in be aimed at lustre the group is suspected of absorbing the public illegally to deposit money why does one case predestined relationship fail up to now careful knot, the reporter also put forward to cover the demand of court of district of emerald green screen, but achieve a return up to the Yi Wei when distributing news dispatches. In addition, the reporter also fails after many the attempt with in lustre the group gets in touch.

"Actually more than touch room door in the light of alleged as a way of, even if be the owner buying a house of the first kind of circumstance, if not complemental building differs money paid for something purchased or received for something sold, in lustre the group also shows cannot consign building. Nowadays, the deadline April 30 is about, in the hope lustre group and government of district of emerald green screen can cogent take out the sincerity that solves a problem, do not want another meaning Gu to go down all right. The spring 2019 has come, but to these owner that buy a house, hope they live go up one day to also come as soon as possible. " Liu Xiaobing says.

This print will pay close attention to incident progress continuously.