May 31, 2010
---------------------
Monday
>>>Welcome visitor, you're not logged in.
Login   Subscribe Now!
Home User Management About Us Chinese
  Bookmark   Download   Print
Search:  serch "Fabao" Window Font Size: Home PageHome PageHome Page
 
No. 1 of Twenty-Five Model Cases Published by the Supreme People's Court at the Twenty-Fifth Anniversary of the Implementation of the State Compensation Law: Case of Application for State Compensation Filed by Qin Deyi, Li Ningjing, and Other Persons for Erroneous Enforcement by the People's Court of Hengnan County, Hunan Province
最高人民法院发布25起国家赔偿法颁布实施二十五周年典型案例之一:秦德义、李宁静等人申请湖南省衡南县人民法院错误执行国家赔偿案
【法宝引证码】
 
  
No. 1 of Twenty-Five Model Cases Published by the Supreme People's Court at the Twenty-Fifth Anniversary of the Implementation of the State Compensation Law: Case of Application for State Compensation Filed by Qin Deyi, Li Ningjing, and Other Persons for Erroneous Enforcement by the People's Court of Hengnan County, Hunan Province 最高人民法院发布25起湖南省衡南县人民法院错误执行国家赔偿案 
[Grounds for Selection] 【入选理由】
This is an earlier case where the compensation claimant files an application for state compensation with the people's court in accordance with the State Compensation Law. It is also the first state compensation case across the country tried by the compensation committee of the people's court for erroneous enforcement. 本案是国家赔偿法颁布实施后,赔偿请求人较早依据国家赔偿法向人民法院申请国家赔偿的案例,也是全国首例人民法院赔偿委员会审理的因错误执行而予以赔偿的国家赔偿案。
[Basic Facts] 基本案情
For the case between Hengnan Branch of ICBC and Hengnan Liquor, Sugar, and Subsidiary Food Company (hereinafter referred to as “Liquor and Sugar Company”) for dispute over loan interest, the People's Court of Hengnan County, Hunan Province entered an effective judgment, which was also enforced by the Court. On December 29, 1994, the enforcement officers from the People's Court of Hengnan County intended to seal up 500 bottles of Yanghe Daqu Baijiu stored in the warehouse of the wholesale department of Liquor and Sugar Company located in Yanjiang North Road. Li Ningjing, director of the wholesale department of Liquor and Sugar Company, raised an objection to the sealing-up and claimed that such Yanghe Daqu Baijiu were stored by others in the warehouse. The enforcement officers from the people's court asked Li Ningjing to provide evidence, but Li Ningjing failed to do so, and the enforcement officers took the measure of out-of-area seizure. Afterwards, Qin Deyi and Li Ningjing provided the settlement agreement on the purchase and sale of Yanghe Daqu Baijiu signed by and between them and Yanbei Materials Trading Company under the jurisdiction of the Chengbei Branch of the Public Security Bureau of Hengyang City and the transfer order, the certificate issued by Liquor and Sugar Company that the seized Yanghe Daqu Baijiu were not owned by the Company as well as the certificate that the Yanghe Daqu Baijiu in dispute were stored by others in the warehouse of the wholesale department located in Yanjiang North Road and the certificate of storage charges. On February 21, 1995, according to the claims of the claimants and evidence they provided, the People's Court of Hengnan County decided to relieve the seizure, return the previously seized 500 bottles of Yanghe Daqu Baijiu to the claimants to compensation, pay the carriage expense of CNY350, and compensate CNY225 for ten bottles of Yanghe Daqu Baijiu damaged during the period of seizure. On March 28, 1995, Qin Deyi and other persons filed an application for state compensation with the People's Court of Hengnan County in accordance with the relevant provisions of the State Compensation Law. Since they refused to accept the decision on non-compensation made by the People's Court of Hengnan County, on May 3 of the same year, they filed an application with the compensation committee of the Intermediate People's Court of Hengyang City, Hunan Province for making a compensation decision. 中国工商银行衡南县支行诉衡南县糖酒副食品总公司(以下简称糖酒公司)贷款利息纠纷一案,经湖南省衡南县人民法院作出生效判决后,由该院执行。1994年12月29日,衡南县人民法院执行人员在糖酒公司沿江北路批发部仓库拟查封库存的洋河大曲酒500件。糖酒公司批发部主任李宁静对查封提出异议,主张库存洋河大曲为私人寄存。法院执行人员要求李宁静提供证据,李宁静未能提供,法院执行人员采取了异地扣押措施。其后,秦德义、李宁静提供了其与衡阳市城北公安分局下属的雁北物资贸易公司购销洋河大曲的清账协议和调拨单,糖酒公司出具的被扣押的洋河大曲不是该公司所有的证明,及诉争的洋河大曲寄存在沿江北路批发部仓库以及仓储费证明。1995年2月21日,衡南县人民法院根据申请人的要求和所提供的证据,决定解除扣押,将先前扣押的500件洋河大曲返还给赔偿请求人,并支付搬运费350元,对扣押期间损坏的10瓶洋河大曲赔偿225元。1995年3月28日,秦德义等人依据国家赔偿法的相关规定,向衡南县人民法院申请国家赔偿,因不服该院作出的不予赔偿决定,于同年5月3日向湖南省衡阳市中级人民法院赔偿委员会申请作出赔偿决定。
...... ......



Dear visitor,you are attempting to view a subscription-based section of lawinfochina.com. If you are already a subscriber, please login to enjoy access to our databases . If you are not a subscriber, please subscribe . You can purchase a single article through Online Pay to immediately view and download this document. Should you have any questions, please contact us at:
+86 (10) 8268-9699 or +86 (10) 8266-8266 (ext. 153)
Mobile: +86 133-1157-0713
Fax: +86 (10) 8266-8268
database@chinalawinfo.com


 


您好:您现在要进入的是北大法律英文网会员专区,如您是我们英文用户可直接 登录,进入会员专区查询您所需要的信息;如您还不是我们 的英文用户,请注册并交纳相应费用成为我们的英文会员 ;您也可通过网上支付进行单篇购买,支付成功后即可立即查看本篇案例 。如有问题请来电咨询;
Tel: +86 (10) 82689699, +86 (10) 82668266 ext. 153
Mobile: +86 13311570713
Fax: +86 (10) 82668268
E-mail: database@chinalawinfo.com


     
     
【法宝引证码】        北大法宝www.lawinfochina.com
Message: Please kindly comment on the present translation.
Confirmation Code:
Click image to reset code!
 
  Translations are by lawinfochina.com, and we retain exclusive copyright over content found on our website except for content we publish as authorized by respective copyright owners or content that is publicly available from government sources.

Due to differences in language, legal systems, and culture, English translations of Chinese law are for reference purposes only. Please use the official Chinese-language versions as the final authority. lawinfochina.com and its staff will not be directly or indirectly liable for use of materials found on this website.

We welcome your comments and suggestions, which assist us in continuing to improve the quality of our materials.
 
Home | Products and Services | FAQ | Disclaimer | Chinese | Site Map
©2012 Chinalawinfo Co., Ltd.    database@chinalawinfo.com  Tel: +86 (10) 8268-9699  京ICP证010230-8