The civil appeal omitted the parties

The "Civil Procedure Law of the People's Republic of China" refers to the legal norms formulated or recognized by the state regarding the adjustment of civil litigation activities and the determination of legal relationships in civil litigation. A civil appeal means that a litigant, a third party with an independent right of claim, and a third party without an independent right of claim who has been judged to bear legal liability by a people's court and is dissatisfied with the first-instance judgment within the appeal period, requests the people's court at the next higher level to A judicial document written by a court to revoke or change the original judgment or ruling. The following is about the missing parties in the civil appeal, welcome to read!

Civil appeal 1

Appellant (plaintiff in the original trial): the business department of the city seed company.

Address: No. 51st Road, Shizhong District, Chengdu City.

Legal representative: Luo You, male, 52 years old, manager of the business department of the City Seed Company.

Litigation agent: Wang Jian, female, lawyer at the Shizhong District Legal Counsel Office of Jian City.

Appellee (defendant in the original trial): ? County Seed Company.

The appellant is dissatisfied with the judgment of the County People’s Court on December 24, 2019 (early), Fa Jing Fan Zi No. 6, and now files an appeal in accordance with the law.

Litigation request:

1. The county seed company shall immediately pay us the payment for goods and packaging and transportation fees of ***13358.08 yuan.

2. The county seed company shall pay compensation for deferred payment at 3 days per day (from August 20, 1997 to the date of payment).

3. The fines at the station shall be borne by the County Seed Company.

4. The first and second instance litigation costs and our expenses incurred as a result of the litigation shall be borne by Huxian Seed Company.

Facts and reasons:

1. Some of the facts found in the original judgment were untrue

The original judgment stated that: on September 10, 2018, the defendant received a notice to pick up the goods at the train station After placing the order, Yang was sent to the station to pick up the goods. He failed to pick up the goods because the goods did not come with a phytosanitary call letter and a seed certification certificate, and the plaintiff was notified by telegram. ?This paragraph identifies two facts: first, the reason why the defendant did not pick up the goods was because the plaintiff did not provide a phytosanitary certificate and seed certificate; second, the defendant informed the plaintiff of the above reasons for not picking up the goods at that time.

However, this is not the case. In order to clarify the facts, we have to elaborate on the dispute process.

? County Seed Company (defendant in the original trial) telegraphed on July 7, 1997, inviting us to sign a purchase and sale contract for 5,000 catties of green onion seeds. On August 1 of the same year, the defendant sent Yang ? to formally negotiate with us. Signed a purchase and sales contract for 1,000 pounds of green onion seeds.

Please see the attachment for the specific provisions of the contract.

On August 15, 1997, we shipped 4,055 kilograms of green onion seeds as scheduled. They arrived at the station on September 5. The next day, the station sent the defendant a notice to collect the goods.

On September 16, we collected the loan and packaging and transportation fees of 13,258.98 yuan from the defendant through the bank.

Half a month later, the Agricultural Bank of Hexian County refused to collect the payment and returned the collection voucher on the grounds that the defendant requested a return and hoped that both parties could negotiate a settlement.

On September 17, we once again requested the Agricultural Bank of China to collect the goods, but because they still refused to pay, the Agricultural Bank of China returned the collection voucher.

At the same time, Yang? received three calls and letters on September 3, 8, and 10, requesting the termination of the contract and return of goods.

Yang said: "Because I have heavy contracting tasks this year and purchased too many goods, my leader asked me to stop executing the contract and stop purchasing goods. Please forgive me."

In all of Yang’s letters at that time, the issues of quarantine and seed certification were never mentioned.

Since the goods have been shipped, we do not agree to return them and require continued performance of the contract.

In this case, it was only on the 39th day after we issued the collection voucher, that is, September 25, that the County Agricultural Bank of China issued a notice telling us that the reason for the defendant’s refusal to pay was: ?There is no quarantine certificate or seed certificate. ?But what is puzzling is that the defendant only filed an application for refusal of payment on the day after the Agricultural Bank of China issued the notice of reasons for rejection (? This can be proved by the receipt sent by the Agricultural Bank of China).

It can be seen that the first fact determined by the original judgment is wrong.

The defendant did not refuse to take delivery of the goods because there was no phytosanitary certificate and seed certificate, but because the defendant’s agent Yang blindly entered into the contract and purchased excess goods, so he had to terminate the contract and return the order.

When we refused to accept his unreasonable demands, it took 39 days for Yang to find a way to evade the law, shirk responsibility, and pass on economic losses.

The second point found in the original judgment is also untrue.

On September 10, Yang did not inform us by telegraph that he did not have a quarantine certificate or a seed certificate. Instead, he called us to request the termination of the contract and asked us to forgive him for his mistake.

2. The contract for purchasing green onion seeds signed by both parties is a legal and valid contract

The original judgment stated: According to Article 7 of the "Economic Contract Law", the purchase and sale contract entered into between the plaintiff and the defendant It is a void contract.

Based on Article 7 of the Economic Contract Law, we believe that we have not violated any of the four provisions.

The only possible suspicion is that it violates national interests and social welfare.

Because the green onion seeds we provided have not been quarantined.

However, we visited the seed quarantine department and reviewed the relevant documents.

According to the national list of agricultural plant quarantine objects formulated by the Ministry of Agriculture, Animal Husbandry and Fisheries of my country, green onion seeds are not objects that must be quarantined, but are seeds that can be exempted from inspection.

Therefore, it is inappropriate to deny the original contract on the grounds that the seeds we provided were not quarantined.

The original contract is a legal and valid contract and is legally binding on both parties.

It is precisely because green onion seeds are exempt from inspection that the railway transported this batch of seeds.

For detailed information on this issue, please see the attachment and the representation provided by us in the original trial.

3. The original judgment was unfair to both parties.

The green onion seeds have been stored in the station warehouse for more than three months, causing the onion seeds to deteriorate.

Because the respondent did not pick up the goods for a long time, the station warehouse imposed a heavy fine of three times the normal fine in accordance with relevant regulations.

It is self-evident that these two economic losses were caused by the appellee’s breach of contract.

However, the original judgment stated that the 4,050 pounds of scallion seeds that the plaintiff had received should be handled by the plaintiff himself.

And bear 50% of the total fines imposed by the station warehouse, and bear all other losses separately.

The appellant believed that such a judgment was extremely unfair.

The original judgment failed to clarify the truth, so it could not distinguish the rights and wrongs and responsibilities of both parties. It also wrongly applied the law and judged a legal and valid contract as an invalid contract, thus making the defendant's illegal behavior unjust. Upon receiving sanctions, our legitimate interests will not be protected, but we will have to bear the economic losses caused by the defendant's illegal behavior.

We cannot accept this unfair judgment.

In summary, we implore the Regional Intermediate People’s Court to make a decision in accordance with Articles 6, 32, 35 and 38, paragraph 2, of the Economic Contract Law of the People’s Republic of China. Item 2, Articles 4, 9, and 10 of the "Plant Quarantine Regulations", the national distribution list of agricultural plant quarantine objects formulated by the Ministry of Agriculture, Animal Husbandry and Fisheries, and Articles 6 and 7 of Paragraph 2 of the "Settlement Measures of the People's Bank of China" The provisions regarding commitment and deferred payment shall be decided separately.

Sincerely

?Regional Intermediate People’s Court

Appellant: ?City Seed Company Business Department

Year?Month?Day

Attached:

1. Two copies of the original statement;

2. Two copies of the agency statement (printed copy).

Notes: Appeal against judgment

1. Determination of the appellant and the appellee.

(1) Simple one-to-one civil case: The person who files an appeal is the appellant, and the person who does not file an appeal is the appellee.

(2) Those who all appealed: all are appellants.

(3) It is necessary to determine the appellant and appellee in the same lawsuit

①The appeal is about the sharing of rights and obligations between the other party and does not involve If the interests of other parties are the same as the litigants, the other party shall be the appellee, and the same party who has not appealed shall be listed according to the original litigation status.

② If the appeal only concerns the sharing of rights and obligations between *** and the litigant, and does not involve the interests of the other party, the same party who has not appealed shall be the appellee, and the other party shall have the same litigation status as in the original trial. Listed.

③If the appeal raises objections to the rights and obligations between the two parties and between *** and the litigant, the other parties who have not filed the appeal shall be the appellees.

2. When writing the reasons for appeal, you should analyze and demonstrate the main errors of the original judgment and the causes of the errors.

The general way of writing is to summarize the errors in the original judgment and then refute it.

If it is believed that there are more than two errors in the original judgment, two methods can be adopted: "First summarize and then refute" or "First refute and then summarize".

The reasons for appeal should be clear and accurate.

The specific reasons vary from case to case, but generally there are four situations: The evidence is untrue or insufficient);?

(2) It is believed that the original judgment applied the law improperly (including misunderstanding or misinterpretation of the law);?

(3) It is believed that the original judgment violated legal procedures. (Including failure to deliver a copy of the complaint to the appellant as required, failure to conduct mediation or court debate, cross-examination, etc.);?

(4) Believe that the original court’s decision was unfair (this is the fundamental reason for the appeal) .

3. Pay the case acceptance fee according to the amount of the dissatisfaction.

4. Within 15 days from the date of delivery of the first-instance judgment and within 10 days from the date of delivery of the first-instance ruling.

5. Appeal to the court of first instance or the court of second instance.

In practice, an appeal petition is submitted to the original court and submitted to the judge.

Civil Appeal 2

Appellant (defendant in the original trial): Wuhan Kanglier Biotechnology Development Co., Ltd., address 229-2 Village, North 2nd Station, Changqing 1st Road, Jianghan District, Wuhan City, Hubei Province No. 1, legal representative Chairman Li Fengqing.

Appellee (plaintiff in the original trial): Jiangxi Kangmei Pharmaceutical and Health Products Co., Ltd., address Kangmei Building, Yaodu Road, Zhangshu City, Jiangxi Province, legal representative, Chairman Li Daming.

Defendant in the original trial Zhou Minghua, male, born on March 19, 2019, Han nationality, from Xiaogan, owner of Chengmei health care products business in Qiaokou District, Wuhan City, temporarily resides in Gutian No. 4, Qiaokou District, Wuhan City, Hubei Province Road No. 15.

The defendant in the original trial, Ji'an Baixing Pharmacy, is located at No. 149, Shaoshan West Road, Jizhou District, Ji'an City, Jiangxi Province, and is the person in charge, Manager Zhou Nanjiang.

The appellant was dissatisfied with the (xxxx) Ji Zhong Min Er Chu Zi Civil Ruling No. 10 due to a dispute over counterfeiting the unique name of a well-known product, and appealed.

Appeal request:

1. Ruling that the original court has no jurisdiction over this case;

2. Revoking the original ruling;

3. The original court was ordered to transfer the case to the Wuhan Intermediate People's Court for trial.

Reasons for appeal:

1. Because it is theoretically impossible for Ji'an City to be the place of infringement in this case, so what is the Ji'an City Intermediate People's Court's behavior in supporting malicious litigation? Malicious jurisdiction?

(1) The "Conlesbao" brand herbal lotion produced by the appellant has not entered the Jiangxi market at all. Ji'an Baixing Pharmacy is the defendant with malicious collusion by the appellant. Since there is no legal bill to prove its legal purchase channel, it is impossible for it to form the necessary joint litigation with the appellant and the general dealer against the appellee.

(2) Assuming that Ji’an Baixing Pharmacy’s purchasing channels are normal, since Ji’an Baixing Pharmacy has no fault for infringement, it is impossible for it to constitute infringement on the respondent, so this is like Foxconn’s “First It is also a joke in the legal profession that a reporter from the Financial Daily is listed as a defendant.

Regardless of the fact that the Linli County Industrial and Commercial Bureau has issued a "Decision to Withdraw the Case" for the case in which the appellee complained against the appellant for the same reason, the appellant believes that: theoretically speaking, Ji'an City is basically It is impossible to be the place of infringement in this case, so the Ji'an Intermediate People's Court's behavior of supporting the malicious lawsuit is "malicious jurisdiction".

2. The court of first instance was impatient to engage in local protectionism, and mistakes were inevitable

(1) The court of first instance acted quickly (on June 21, the appellant issued a "Jurisdictional Notice" from Wuhan "Application for Rights Objection" by registered mail, June 23 and 24 are weekends, and the original court issued a ruling on June 25 for the nine-day examination): The original ruling even forgot to indicate the address of the parties involved, which can be called China Another joke in judicial history.

(2) According to the latest "Measures for the Payment of Litigation Fees", cases in which an appeal is filed against an objection to jurisdiction does not require the payment of litigation fees. Therefore, the court of first instance requires the appellant to submit the appeal before It is also wrong to prepay the appeal case acceptance fee to the Jiangxi Provincial Higher People's Court seven days from the date of filing.

The appellant believes that corporate rights protection is unobjectionable, but official-business collusion is disgraceful. Therefore, we sincerely request your court to make a fair ruling and correct the mistakes of the original court, so as not to become a source of public criticism! If your court insists on protecting shortcomings, If so, the appellant will apply to the Supreme People's Court for a retrial.

The appellant is not afraid of litigating with the appellee in any court outside Jiangxi!!

In summary, the appellant has the above request.

Sincerely

Jiangxi Provincial Higher People’s Court

Appellant:

xxxx.07.06

Notes: Appeal against ruling