Chart: Top magic art: The network is leasehold contract dispute " Xian Yuzhong is cut into parts " people court is same do not grant to accept Xinhua News Agency to send Bian Jigong cartography
Beijing of Xinhua News Agency on June 11 report (reporter Luo Sha) the reporter learns 11 days from top people court, top people court saved senior people court with respect to Guangdong recently about " Xian Yuzhong is cut into parts " the ask for instructions that adjudication should deny put on record to carry out makes give an official point out, application of leasehold contract party carries out the network to the arbitration that arbitral orgnaization makes before dispute happening adjudicates on or mediate a book, people court ought to rule do not grant to accept; Had accepted, the ruling rejects executive application.
According to introducing, april 2018, guangdong saves senior people court to mirror, since 2018, a large number of party are held " Xian Yuzhong is cut into parts " courtyard of applicant civil code is carried out, it is a network mostly leasehold contract dispute. Right " Xian Yuzhong is cut into parts " the property of adjudication, should deny carry out, how to carry out wait for legal problem, each district court is put in bigger difference, law is applicable standard and processing circumstance are skimble-scamble, urgently Shi Ming.
Top magic art points out to this give an official, courtyard of party applicant civil code carries out arbitral orgnaization to the arbitration that makes according to arbitral law adjudicates on or mediate a book, people court classics is examined, accord with what set related code of civil law, arbitral law, ought to accept in time lawfully, put on record is carried out. But, according to arbitral law the 2nd regulation, what arbitral orgnaization can arbitrate is the contract dispute that has happened between party and dispute of other property rights and interests.
Give an official returns a regulation, following scenario ought to maintain for the code of civil law the 237th the 2nd of the 3rd regulation " the comprise or arbitrates program of arbitral front courtyard violates legal order " case:
It is arbitral orgnaization not the program cognizance dispute that according to arbitrates code is decided perhaps chairs mediation, diameter goes according to the network leasehold contract party signs before dispute happening reconcile or mediate an agreement to make arbitral adjudication, arbitration mediate a book; 2 it is the member that arbitral orgnaization did not ensure party to apply for the arbitration in arbitral process evasive, provide evidence, rejoin of the basic course right that waits for arbitral doctrine regulation.
Give an official is clear, the paragraph stipulates case is medium before, the network is leasehold contract party abstains with the agreement for the clause, the view arbitrates the program did not violate legal order, people court does not grant to support.
This give an official applies since June 12, 2018. Top magic art is made clear at the same time, people court deals with dispute of rights and interests of other contract dispute, property to the arbitration adjudicates on or mediate a book to carry out a case, applicable this give an official.
