Li Bo of Sun Fengjuan of Yan brilliant brilliant
"Rehear judgment is taken! " agitato told Wang Shiyi of inquisitor of procuratorate of city of Guizhou Province Bi Jie the reporter recently. Although to adjudicating a result already know fairly well, but take report that momently, wang Shiyi or very sigh with emotion: "This case open the new page that my courtyard handles civil supervisory case. " be a what kind of law case is gifted after all so high opinion? This should speak of from a civil supervisory application.
Gas station is damaged, talk things over to did not go to law< if really
A day of November 2017, finish holiday town procuratorate received a civil supervisory application. Estate of numerous grand of city of limited company of engineering of construction of Guizhou numerous grand, Bi Jie develops limited company (close below say " numerous grand company " ) submit to the procuratorate supervises Guizhou of Inc. of numerous grand company and Chinese oil natural gas to sell Bi Jie branch (next weighing " medium oil Bi Jie branch " .
Inquisitor attune reads dossier discovery, on August 18, 2013, numerous grand company builds in new developed area of south of Bi Jie town south find a place for area slope of side of north of 16 13 date, buildings breaks down collapse, the oil in bringing about finishs gas station of section branch Hong Na is damaged, agree because of was not being reached to loss compensation, oil finishs section branch appeals to in to the court. Forensic first instance, 2 careful and rehear all think, slope of subtense of numerous grand company breaks down collapse have fault, with in damage of Bi Jie branch has oil causal, the agree carries tort damages responsibility. Oil finishs section branch breaks down because of this edge slope in collapse the loss that cause, evaluate via evaluating an orgnaization, demolish rebuild charge is more than yuan 2.55 million, was more than yuan 7.02 million to the close down loss during December 31, 2015 on August 19, 2013. Branch of Bi Jie of the oil in compensation of company of numerous grand of final court court decision more than yuan 950.
Numerous grand company does not accept this indemnity, its are referring to procuratorate of Bi Jie city " about in one case concerns branch of oil Bi Jie and damages of worth of numerous grand company the circumstance of new evidence explains " on write, oil finishs section branch still has business case during the stop business that Hong Na gas station holds in the court in, have bill 6 pieces give evidence, but because of all sorts of reasons, 6 pieces of bill fail to refer a court successfully.
Investigate with all possible means, affirm loss calculation has by accident
"Party of case both sides belongs to big company, experience record amount is as high as more than yuan 950, our pressure is not little. " Wang Shiyi tells a reporter. To make a thorough investigation of as soon as possible case fact, protective enterprise closes right increase, regard a case as undertaker, wang Shiyi acts quickly.
To acknowledge the true condition of 6 pieces of bill, wang Shiyi and colleague visited 7 stars of Bi Jie city to close area state revenue, business affairs on the spot bureau, medium oil finishs section branch and other places, mastered the first-hand material of the case. Pass investigation of many days 10 to check, the oil in affirming finishs Hong Na gas station is in section branch to came to will cheer the fact that do business in August in March 2014, first trial court was the oil in computation of close down time to finish section branch collapses because of breaking down on December 31, 2015 with coming on August 19, 2013 the close down loss that the accident causes has a mistake truly, also confirm the reason that numerous grand company applies for to supervise has evidence to prop up.
Mention counterappeal, protect an enterprise to close right increase lawfully
On April 3, 2018, procuratorate of classics Guizhou Province puts forward counterappeal to Guizhou Province High Court, review of intermediate court of town of Bi Jie of instruction of Guizhou Province High Court this case.
Finish holiday town is found out when intermediate court review, came in March 2014 Hong Na gas station will do business normally in August, first trial court decision maintains during this close down loss ought to be deducted 1.466 million yuan from inside close down loss; Edge slope breaks down collapse to did not cause oil tank, cheer the device damage such as machine, these equipment value add up to 1.717 million yuan, ought to from demolish rebuild deduct in cost. Final, finish holiday town intermediate court of justice makes final judgment adjudicate: Loss of branch of Bi Jie of the oil in compensation of numerous grand company more than yuan 6.39 million.
As a result of the counterappeal of procuratorial work mechanism, numerous grand company reduces a loss more than yuan 3.18 million. "Thank the job of procuratorial work mechanism, you are hardworking tone takes testimony, facilitated the change the original sentence of the case, protected us the legal interest of civilian battalion enterprise. " controller of numerous grand company appreciates the ground to say to inquisitor.
