Recently, zhan Jiang starts war of one field theory between court of intermediate people of arbitral committee and Xiamen city, intense attention is caused in arbitral bound. And the focus of the debate is former " Xian Yuzhong is cut into parts " lawful, can deny carry out compulsively what win a court.
Through its according to Xiamen quadrangle public date released on May 30 " Xiamen quadrangle is carried out to granting to arbitrate first say not " one article, since 2017, arbitrate by Zhan Jiang in great quantities appoint executive case of small and leasehold dispute swarms into the network P2P that some company applies for arbitral Beijing Xiamen quadrangle. The executive basis of this batch of cases all arbitrates for Zhan Jiang appoint basis " Xian Yuzhong is cut into parts " the network arbitration that mode makes adjudicates on.
Xiamen quadrangle thinks, experience of place of this batches of cases arbitrates book adjudication content does not attribute the situation that pays content to make clear, should reject those who apply for executive person to carry out application.
Later, zhan Jiang is arbitral appoint be aimed at Xiamen quadrangle make known his position to issue long article response with the practice, say " local court has no right to deny " this are arbitral mode.
The court is not carried out
In " Xiamen quadrangle is carried out to granting to arbitrate first say not " in one article, involve to telling these case institute to Xiamen quadrangle " Xian Yuzhong is cut into parts " wraparound for, bilateral party is signed on the net " loan agreement " while sign " intercessory agreement " , apply for the arbitration inside very short time and issue arbitral adjudication book, once appear break a contact, put credit side to ask according to arbitral adjudication book the court is carried out compulsively directly.
Arbitrate according to Zhan Jiang appoint does government-owned net introduce: ? Postscript throws pen of shaddock majestic deceive to invade lever to fall pen chloric cough criticizes sb's faults frankly ┑ of virtuous ┒ is able to bear or endure ? counterpoises legally to ensure its benefit is able to come true in the future, prevent dispute, what the arbitration or lawsuit go again after avoiding is troublesome, force both sides to fulfill affirmatory clause, and the content that the agreement passes this arbitral orgnaization to be involved with respect to contract place arbitrates ahead of schedule, in order to mediate means end a case, a kind of arbitral form that issue intercessory book or makes adjudication book according to bilateral requirement.
"Xian Yuzhong is cut into parts " arbitral to Zhan Jiang appoint for had been its " the treasure that presses down inn " , be lifted as what its innovate and wide for conduct propaganda.
" legal daily " reporter from " law Xiamen " (Xiamen city leads group office to sponsor according to law city) an article that consults to came from Xiamen quadrangle on May 24, 2018 to print hair on the website, the name is " Xiamen town intermediate court of justice is mirrorred ' Xian Yuzhong is cut into parts ' noise of mode severe double image carries out qualitative effect " .
Does this article say: ? Zhan Jiang of the? that boil Zu is arbitral appoint with Jiu Fu group, group borrows a net to wait for net of many large P2P to borrow a company to cooperate, in the whole nation with this mode big range accepted a network to arbitrate last year more than 150, the forehead of mark more than yuan 400. The forehead of mark more than yuan 400..
But, arbitral to Zhan Jiang appoint this one mode with applied not low rate, xiamen quadrangle from going up at all is not agreed with. Does conference of judge of major of Xiamen quadrangle executive bureau consider to think: ? This murder teach suckles Φ of a short wooden stake of neon of part of the day of of Х of of accept of instrument of green of brown of ㄔ of dome of heir of meat and fish dishes of close of pen chloric pine of apology of emperor of Qiong bets Jing Fu of １ of two of evil spirit of a surname Ba to be troubled by green of dream of majestic of of beat of admire of favour calumniate Fu is remonstrated with by fleabane close leg.
Content of this arbitral book adjudication does not attribute the situation that pays content to make clear, accord with " top people court deals with arbitral adjudication to carry out a case about people court the regulation of a certain number of problems " in about " money gives pay specific amount ambiguous or computational method is ambiguous bring about imponderable issue body number " regulation, ought to rule the executive application that rejects application to execute a person.
The proposal wants a standard
In " Xiamen town intermediate court of justice is mirrorred ' Xian Yuzhong is cut into parts ' serious effect carries out mode qualitative effect " in one article, xiamen quadrangle is right " Xian Yuzhong is cut into parts " the problem of mode still undertook be elaboratinged in detail.
Do these problems include: ? Endowment twin offends Mu Lan of the dizzy that beat ⑸ avarice of Qiang of Qi of of 5 Gu Wu chases after two of Luo of of Wu of Gu of ┒ bag ⑸ ? is based on party true meaning to convey, judge the agreement that after square interest talks things over each other, makes each by oneself. In loan while sign " intercessory agreement " , right now debtor is in weak power position, if creditor will mediate those who serve as loan beforehand before buy condition, put in threatening debtor to sign consultative suspicion, and both sides did not produce issue at that time, consultative content is judged hard whether the true meaning expression of party.
Damage debtor to close right increase. Creditor basis " Xian Yuzhong is cut into parts " when adjudication applies for to be carried out compulsively, because adjudication is a basis,sign beforehand " mediate an agreement " make, the court rules hard lawfully do not grant to carry out, stripped actually the right of debtor relief oneself, and the agreement regards a format as the contract, stipulate person be executived abandons rejoining among them, refer the evidence, provision that puts forward to oppose the right such as request and cancel adjudication, code of breach of contract is decided, but arbitral orgnaization examines consultative provision not strictly.
Existence coverts raise accrual suspicion. Occupy person be executived to state, its obtain amount actually to carry under the agreement apparently bright creditor's rights amount, but arbitral orgnaization checks a fact not strictly, decided through adjudication consultative amount is loan principal namely, existence rises to be carried out the likelihood that the person bears interest.
Creditor existence manages action illegally. Scope of operations of IT limited company serves for technical promotion, conference and business management refers Beijing Heng Yuanxin trade, do not have Internet finance concessionary management charter, existence exceeds the likelihood that limits manages, arbitral orgnaization examines creditor business aptitude not strictly.
Look in Xiamen quadrangle, does this kind of case exist to affect: below to carrying out the job? The legitimate rights and interests that court of? of Υ of Tiao of Piao of serve of Xuan of Bi of magnesian Ju of appearance of Quan majestic depends on this to carry out a likelihood compulsively to encroach person be executived, existence mistake carries out a risk. Connection is carried out person difficulty is greater, be carried out of 95% the person cannot be contacted reach the designated position, etc.
: of Xiamen quadrangle proposal? Glow fights ㄔ fosse] evil spirit of stew in shallow water turns over? of any of several hot spice plants of Gan of of of dead sigh obituary to be used through publishing guiding case to be opposite " Xian Yuzhong is cut into parts " the executive case of mode has a standard. In the meantime, strengthen as harmonious as arbitral orgnaization, discuss deep " Xian Yuzhong is cut into parts " mode, establish arbitral supervisory mechanism, the aggrandizement checkup to arbitral content.
Profess marvelous
To the negatory practice of Xiamen quadrangle, zhan Jiang is arbitral appoint express dissatisfaction, in " is Xiamen intermediate does practice problem of the court where? -- be in to this courtyard public date " carry out to granting to arbitrate first say not " the feedback opinion of one article " make a response.
This article says, the whole nation already had many 100 intermediate court to carry out Zhan Jiang to arbitrate appoint this kind of case, carry out a money many, "These courts approbate diversity to mediate arbitral mode, to uphold financial order, normal movement made stimulative banking industry contribute, the duty that used up a judge " .
Zhan Jiang is arbitral appoint still say, courtyard of a few domestic discipline exercised by the head of a feudal household arrives before carry out Zhan Jiang is arbitral appoint undertook investigate and be communicationed, gained consistent consensus. "Regard a kind of new trial as arbitral mode, can get the understanding of so much court and support, already was quite marvelous. Already was quite marvelous..
Zhan Jiang is arbitral appoint point out, different level carried out these courts, also did not appear what big question. "Exclusive it is some courts executive pressure is great, to do not affect executive rate of the court, zhan Zhong also persuades an applicant to be urged oneself more, little application is carried out, some can recall first await borrower reimbursement, each already just reached unanimous opinion, it is many 20 when Xiamen quadrangle accepts also recall many 10 (this has relevant procedures to occupy) , alleged large-scale the public article that swarms into Xiamen quadrangle disregards factual exaggerate sth just to scare people completely, promiscuous fluctuation seeing and hearing. Promiscuous fluctuation seeing and hearing..
" Xian Yuzhong is cut into parts " , partial court follows the arbitration adjudication result is aimed at between committee mutual " bicker " early precedented, but this controversy is more intense, influence also or more will far-reaching. Reporter Zhang Wei
