A, Liu Chunhong and Yang Wenling Department of neighbors, Liu unselected Street representatives, doubt is Yang said bad things about, and revenge. In May 12, 1994, Ma Yulan led his son Li Gang, daughter-in-law Zhao Hua into Yang, beat Yang Wenling Yang, resulting in multiple injuries. Yang Hong to fly home from work and the descendants of the Liu family, Liu three people and wounded Sun Hongfei, Yang Wenling husband Sun Xuegui in 1994 at the end of 5 to the identity of the plaintiff to the court, asked the defendant to Liu Chunhong for his wife's medical expenses. In the prosecution, but not on the son was wounded, court, in the survey found that Sun Hongfei was injured, so Sun Hongfei will be additional CO plaintiffs as necessary joint action. Q: 1, this case has no error in the proceedings? Explain the reason. 2, Liu Chunhong's son Li Gang, daughter-in-law Zhao Hua what is the status in litigation proceedings in the case? Why?
Answer: 1, Sun Xuegui to the identity of the plaintiff to prosecute is wrong, because the prosecution of the people must be related to the case of direct interests of people, but Sun Xuegui himself did not beaten, no damages and Liu three people, direct beaten Yang Wenling is in line with the conditions of the plaintiff; the people's court will Sun Hongfei additional common the plaintiff is necessary joint action is wrong, a necessary joint action refers to the common lawsuit people argue with others in litigation is common, while Sun Hongfei and Yang Wenling were beaten by Liu Jia San people, between Sun Hongfei and Yang Wen Ling damage facts is the two beat is produced in the process of. Therefore, Sun Hongfei and Yang Wenling to Liu damages is discrete, there is no necessary connection, but belong to the same type of litigation. The defendant, Li Gang Zhao Hua 2, in the case of necessary joint action. Tort their mother to damage consequence is consistent, indivisible, jointly and severally liable to harm result, this production line of action is necessary joint action.

Two, 1986, Yoon abroad because the job needs, prior to his departure will own two rooms to neighbor Wang escrow, implicit hosted for 3 years, during which you can rent but do not sell. 3 years later, Yoon did not return home, Wang Mou to go abroad to work, so the two rental housing to Zhang and the escrow, and show that the real property right belongs to Zhang Yin, do not sell. In 1992, Zhang without Wang agreed that, housing will be sold to lee. Unable to apply for transfer procedures, Lee went to court, asked Zhang immediately and others to handle the transfer procedures. Proceedings a Yin home, learned that Zhang and Li are in their own houses for litigation, namely the house to his own claim to court. Q: 1, a Yin in lawsuit in what position? 2, the court should inform Wang to participate in the litigation? Wang like to participate in the litigation, the litigation status?
Answer: 1, Yoon should have the right to request an independent third party. Because, he joined the Zhang and Li Mou ongoing litigation, which is not in favor of the plaintiff, the defendant also does not support the claim, but the appeal of Zhang and Li Moudou as a defendant, the independent request ownership of houses. 2, the court shall notify the Wang as the third party without independent claim in litigation. Because Wang as the third party in the litigation claim. Because Wang Yin is a housing escrow, although the property without independent claim, but if Yoon lost will investigate his escrow responsibility. So he shall be attached to the withdrawal of a contact person in Yin, Yin a claim to support, to protect their own interests.

Three, Fuxing primary school student Wang Xing (10 years old), who won a game in a porcelain cup pupils go. In 1994, the revival of primary school in preparation for the anniversary, the school leader principal Wang Xing teacher Liu Yuhua to Wang Xingjia the trophy for the school exhibition. Exhibited in the process, the guests Li Dong and Chen Fan because to watch the trophy, inadvertently in the handover will cup broke. Afterwards, Wang Xingzhi father strengthen finding Renaissance primary school principals Fang Ming and teacher Liu Yuhua claims, but all were rejected. Q: if the king to sue, please specify the intervenor status. Why?
Answer: the participants in the proceedings are as follows: 1, the plaintiff: the star of king. The plaintiff's legal representative: Wang strengthen. 2, the defendant: Fuxing primary school, legal representative: Fang ming. 3, third people with no independent right to claims: Li Dong and Chen Fan. In the cases of compensation for the damage, and the case is the subject of direct interest to the Lord as a victim of Wang Xing, the other party is as well by the revival of primary school, so the dispute is between the two. Only these two can sue in his own name, as the original, accused both parties. As for Li Dong and Chen Fan, in this dispute on the damage results have certain responsibility, the adjudication of the case have a legal interest in the consequences, and they therefore, should participate in the proceedings as the third party without independent claim.
In four, the basic people's court sentenced Jia Liangsu Wu Zhen's reputation infringement compensation. In March 1st the parties reach a verdict. In March 16th, Wu Zhen submitted a petition to the city intermediate people's court, appeal. City Intermediate People's Court of appeal back to Wu Zhen, informing the appeal shall be submitted to the basic people's court in the county. The basic people's court in the county in March 18th after receiving the appeal on 25 March, Jia Liang sent a copy of the appeal petition, and asked Jia Liang in 10 days to submit pleadings, Jia Liang submitted a reply stating in April 2nd that Wu appeal behavior really has been to appeal, the appeal shall not accept. A basic people's court thinks justifiable defense Jia Liang, Wu really appeal expired is true, so the court rejected Wu really appeal.
Q: in this case, two level of the practice of the court which is not in conformity with the provisions of the Civil Procedure Law of our country? And briefly explain.
Answer: in this case, the court is not consistent with the Civil Procedure Law of our country are: 1, where the city intermediate people's Court of appeal can not be returned to the Wu really. According to the provisions of the Civil Procedure Law of China, the parties to submit the petition the people's Court of second instance, the court of second instance shall, within 5 days of the appeal will be handed over to the court. In 2, the people's court in March 18th March 25th after receiving the appeal, served on a copy of the statement of complaint, more than the statutory 5 day period. In 3, the basic people's court asked Jia Liang in October in the submission of defence, also do not accord with the provisions of the civil procedure law, the submission of defence period should be 15 days. In 4, the people's court rejected the appeal is wrong. The court of first instance shall not have the right to appeal the appellant, even if the appellant's appeal has exceeded the time limit, the people's court shall not have the right to dismiss the appeal in also, but only request the people's Court of second instance court rejected the appeal.

Five, Li Gang's father died, leaving a legacy of four houses, Li Gang home to his father left the house back from the field, the cousin of Li Jiang expressed dissatisfaction, think Li Gang in the long-term, he told the dead uncle did their duty, should also enjoy the real right of inheritance, Lee had to appeal to the court, a trial court after hearing that: Li Jiang did to the dead as a duty, but Li Gang is the legal heir, so the property to Li Gang. Li Jiang refuses to accept, appeal. Trial court that the trial court: in the determination of the facts of the case is clear, however, whether Li Jiang have the right of inheritance is wrong in law, then summon both parties to mediation, agreement is not reached, ruled that the revocation of the original sentence, sent to trial. Q: the court of second instance method is accurate?
Answer: 1, the court of second instance cannot rescind the original judgment, the remand. According to the provisions of the civil procedure law, the court of second instance cases on appeal, after hearing that in the original judgment, but the application of law is wrong, it shall change. The case is a judgment that is clear in fact, only erroneous application of the law, therefore, the court of second instance shall be rejected. 2, this case does not belong to the mediation fails, the retrial case. Because neither the second process appends new parties, and not to increase the litigation request. The cases of second instance can be mediation, but the mediation fails, do not regularly to remand.
Six, the Zhu Lingsu Feng Bing house ownership dispute case, the intermediate people's court that: the house has been living with Feng Bing, Zhu Ling and their children have houses to live, sentence upheld. Zhu Ling is still not satisfied, complaints repeatedly to the higher people's court, the Supreme People's court reviewed the complaint, think the original verdict that the facts are not clear, the housing property for Zhu, Feng had in common, namely, rule to cancel the second ruling, back to the original people's Court of first instance for retrial. Q: the High Court on the case is correct? Why?
Answer: the Supreme Court in dealing with the case of the incorrect. 1, not to the application procedure for trial supervision as the cause for the party's appeal, only the people's court at the wrong channel, so, in this case to enter the retrial procedure, only by the parties to apply for a retrial, or the people's Court on its decision. After 2, the Supreme Court decided retrial, cannot rescind the original judgment, the second instance. According to the provisions of the civil procedure law, before the retrial or arraignment, only the original judgment shall be suspended execution. 3, the high court of first instance in the people's court orders the retrial was wrong. In accordance with the procedure for trial supervision of retrial case, it is a trial, according to the procedure of first instance trial of second instance, the original is, according to the procedure of second instance trial. This case is the final case, the people's Court of first instance retrial instruction, apparently in violation of the provisions of the civil procedure law, the trial level system.

Seven, one day, the Court Executive Zhang and clerks recruit a civil judgment is a machinery factory, the east side door sealed the factory of a batch of steel, the legal adviser pass by here, namely, why not the presence of unauthorized seizure. Zhang said: "we are the verdict in the implementation, attachment generally do not have to inform the person arrived. Of course, the execution requirements of present and not to harm the people's court to execute their duties, allowing the scene." Ask: "Zhang's interpretation is correct? Why.
Answer: Zhang's explanation is not correct. According to the provisions of the Civil Procedure Law of China, the people's court attachment of property, the person is a citizen, should inform the person or the family arrived at the scene: the person subjected to execution is a legal person or other organization, it shall notify its legal representative or principal responsible person: refusal to appear on the scene shall not affect the execution, in this case, the plant quality rational legal adviser, legal representative shall notify the machinery factory in the seizure of steel people.

Eight, Wang Jia and Li Yi signed the rental contract, Wang Jia will own all of the ancestral legacy house to Li Yi lived, after the expiration of the contract, Wang Jiayu sold the house, but Li Yi refuses to move out for no reason, Wang Jia to the court. The court of first instance verdict, confirmed that Wang Jia of housing ownership, and the deadline to move out of Li Yi. A judgement force, Li Yi did not move, so, the court according to the Wang Jia application, ready to forced relocation measures to enforce. Not during the execution of a sister, Wang Jia returned from Taiwan, claim to have ownership housing ancestral legacy.
The court asked: how do we handle this?
Answer: 1, the sister of Wang Jia's request, belonging to the execution objection. Because, in the implementation process, she has the outsider status, and she performed on the subject that partial ownership. 2, the people's court shall examine the objection, reason not established rejected; reasonable, suspension of execution by the court approved the decision. If the decision is wrong, should the case retrial according to the procedure for trial supervision.

Nine, the plaintiff Zhang, female, a primary school in Neijiang City, Sichuan Province, County Department of the teachers; Yu, male, Department of Sichuan Province Chengdu City B in a factory accounting. The court accepted the September 15, 1991 B District Zhang v. Yumou divorce. In October 20th the same year, Yumou crime corruption by prosecutors to arrest. B: "district court in this case the accused is imprisoned by the plaintiff, the people's court for jurisdiction", in October 30th the same year to transfer the case to a county court. Q: 1, B District Court transferred the case to behave correctly? Why? 2, a county court transferred the case whether the behavior is correct? Why? How to solve the court 3, Jia County and B district court jurisdiction dispute? Why?
A: 1, B District Court transferred the case behavior is not correct. According to the constant principle of civil procedure jurisdiction, jurisdiction to prosecute parties shall, in the course of legal proceedings, the jurisdiction to determine factors change, the people's court has jurisdiction and not lose. Therefore, this case can not be "the accused is imprisoned," transfer of jurisdiction. The transfer behavior of court 2, a county is not correct, according to the provisions of the Civil Procedure Law of China, the people's court sent to mainly by the transferred case is not under its jurisdiction, it shall report to the people's court at a higher level to designate the jurisdiction, may not transfer. 3, according to the provisions of the Civil Procedure Law of China, between a county court and B district court jurisdiction dispute, in the negotiations fail circumstances, shall be submitted to their common superior court for the designation of jurisdiction.

Ten, Sichuan Province, company A and company B, B company in Yunnan Province in 1993 May in C City signed a purchase and sale contract. The contract agreed: "B company sold to A company senior moon cake box 2000, price 50 yuan. A company 20000 yuan of advanced payment, advance payment, by B company sent the car will be transported to a city of moon cakes, transport fees by A burden." In 1993 June, B box company sold cakes are not printed "senior moon cake", will seriously affect the sales on the grounds, refused to accept the shipment, refuse to pay the purchase price and the transportation expenses, and also for B, refund the advance payment and compensation for economic losses. Both sides each sticks to his own viewpoint, resulting in a city open storage of goods stranded. In order to resolve disputes, B company in B city court filed a lawsuit against A, and request the court to adopt property preservation measures, so as to avoid the mooncake mould. Q: 1, B city court has no jurisdiction over the case? Why? 2, A company can use the counterclaim form request the court to order B refund the advance payment and compensate for the losses? Why? 3, the court having jurisdiction to the plaintiff property prompted the request should be how to deal with?
A: 1, B, courts have jurisdiction to the case. Although this case is B, B company will cargo sent to a city of A company, A company but freight from the burden, which is actually the A company delivery. B, as the delivery should be determined to perform the contract. The provisions of the civil procedure law, contract fulfillment or the people's Court of the place where the jurisdiction by agreement. 2, A companies to the forms of action request any B refund the advance payment and compensate for the losses. Because, as the appeal of the A can B the company the plaintiff litigation as a defendant, put forward in connection with the litigation request. The people's court may accept the lawsuit the claims and counterclaims are accepted. 3, the people's court for property preservation to the plaintiff's request the court shall accept the application, in case of emergency, shall make a ruling within 48 hours, decided to take the preservation measures, the immediate execution. In the preservation, the preservation is the subject of the perishable fresh goods, the people's court may take the auction or sale price of the mode of preservation preservation.

Eleven *, Zhang Li (female) and Hu Shuihua married in 1986. In 1991 May, a lack of feeling of husband and wife on the grounds, brought to the river city district court, requirement and Hu divorce. District Court, the plaintiff identified Zhang * beautiful homes, work unit and residence area in Shahe. The defendant Hu Shuihua although premarital relatives live in central city, parents, but their work unit and residence in Hubei County, he and Zhang * *, Li married family in Shahe district. Therefore, central city that the case does not belong to its own jurisdiction, so the case to the Shahe area.
Shahe district court, think the original, the defendant after getting married, home is in Shahe area, but the unit of work and residence in Hubei County, the * * * *, then according to the "Civil Procedure Law" in article thirty-sixth, transfer the case to the Hubei County court.
Soon Hubei * county court received the case, to the Shahe District Court Reply said: "I court, after two times of Chuan Hu bloom conversation, that the main facts of the case is difficult to ascertain, Hu Shuihua I also request back to the country of origin processing, at the same time, the unit has been moved to Hubei Wu County, therefore, the whole record materials to you Institute of investigation."
Shahe district court to "the unit has been in your county moved to the Hubei Wu County, it shall be you in the hospital directly to transfer the case to Wu County Court" on the grounds, and the case back to Hubei County court. Soon, Hubei Wu County courthouse in Hu Shuihua has gone back to river city medical grounds, the case was returned to the Shahe District Court of Jiangcheng city. Shahe District Court in Hu Shuihua has been in the center of the city on the grounds of parents, and the case to district court.
Q: the case should be governed by which courts? * county court, Shahe District Court and Wu County Court on the transfer of cases correctly?
Answer: the case by the court jurisdiction in sandy area. Incorrect, in case of a transfer.

Twelve, 1993 August, Zhejiang province Wenzhou city leather shoes factory in Wuhan City, the clerk of Beijing city with a rubber factory signed a contract for purchase and sale of leather shoes at the end of the 1000 block. The provisions of the contract, leather sole each 7 yuan; a total of 7000 yuan price; quality to "sample" shall prevail, delivery method for rubber factory consignment. But the contract are not specified in the technical performance index. Rubber factory according to the quantity, contract period will be available to leather shoes factory. Leather shoes factory after receiving that sole hardness high, not applicable, demands the return; rubber factory that the shipment is in conformity with the contract and provide the quality of the sample, can not be returned. The two sides dispute, rubber factory is suing, requirements of leather shoes factory delivery payment.
Q: rubber factory should sue to where the people's court? Why?
Answer: should be prosecuted to the Wenzhou municipal court or court of Beijing city. According to the law, contract disputes, the defendant has his domicile or the contract jurisdiction, the contract for the consignment, consignment for performance of the contract.

The property insurance contract agency thirteen, a factory and a People's Insurance Company of China signed insurance period of 5 years. During the factory explosion occurred, resulting in a loss of property. Apply for compensation, agency of the factory and the county insurance companies on the amount of compensation is controversial, the factory won the county agency insurance company as a defendant, the case to the people's court.
Q: County insurance agencies can be the case independent of the defendant?
A: No, the county insurance company as a defendant.

Fourteen, the paper * is a famous comedian, thought that the Star newspaper reporter Liu * in star published about her private life, serious distortion, damage its reputation, so Liu * for the defendant and the court, claim compensation for the loss of 20000 yuan. The people's court, will star added as a co defendant.
Question: if the people's Court of additional correct?
Answer: right.

Fifteen, a shopping mall for a furniture factory to sell sofa bed. After the sale, dozens of consumers found in the use of product design is not reasonable, process rough, inferior materials used, can not meet the use requirements. Many times they find manufacturers and dealers requirement to solve quality problems, but the merchants and manufacturers mutually making excuses or delays. Helpless, 23 consumers to appeal to the people's court.
 Question: if the people's court should be how to deal with the large number of parties of litigation?
 Answer: can let the parties elect a representative litigation, elected not representative, can let the registered litigants representative through consultation.

One day, sixteen 1992 July evening, Wang Xiang (12 years old) hold the domesticated dogs walk outside, Liu Li (10 years old), Li Gen (9 years old) tease dogs bite fingers and legs, medical expenses spent more than 500 yuan, the parents of Liu Li Liu Guoliang, Li Gen's parents Li Yulin and Wang Xiang's parents Wang Wenxue because of the medical expenses, damages dispute, Liu Guoliang, Li Yulin decided to appeal to the people's court to solve.
 Q: the staff in the proceedings in the living in what position?
 A: Liu Guoliang, Li Yulin is the plaintiff's legal representative, Wang Wenxue is accused of statutory agent.

Seventeen, a and B, Wang, Zhang for contract dispute consultations fail, and the formation of litigation. In April 20, 1996, the court of first instance verdict, and on 26 April, Wang served the verdict. Wang through the post office on the morning of May 11th to the first instance court sent the petition, the court of appeal in May 25th received, at this time, the first instance judgment on whether the force? Why?
Answer: do not force. Appeal for a period of 15 days, the last day of his period of complaint in the mail, mail journey time is not included in the appeal period.
Eighteen, Wang and Li * * Department of schoolmate at college, after graduation to work in the same unit, feeling very good, married, gave birth to a son. In 1991, Wang * sudden mental disease, the multi treatment ineffective. Li * filed for divorce. The court reviewed, with Wang * Department of psychiatric patients, without the capacity for action, not to participate in the lawsuit on the grounds, the court rejected the prosecution.
 Q (1) the decision is correct? (2) the court should accept? (3) the court shall conform to the requirements of procedural law and how to deal with?
 Answer: (1) is not correct. (2) should accept the. (3) the court shall suspend litigation, the litigation agent to hear.
Nineteen, a through C and B know, B promised to help buy a mist, and receive a minimum 6000 yuan. After six months, B does not grant smoke also does not give you the money. A repeatedly unsuccessful request, then to B the domicile of a suit in a people's court, ask B returned 6000 yuan. In the trial, B will return 2000 yuan, because C owed him 8000 yuan loans outstanding, asking the court to let C to participate in litigation, to solve the.
Q: (1) the court should accept a complaint? (2) B retort is rational? (3) the case whether the merger trial?
Answer: (1) should accept the. (2) unreasonable. (3) can not, the object of action does not belong to the same species, is not common.

Twenty, a series of intermittent mental patients, was introduced and B as husband and wife. After two incompatibility, the relationship between husband and wife gradually deteriorated, a will to the people's court for a divorce. A father as statutory agents to participate in the proceedings. The trial of a case, a mental disease recurrence, diagnosis by the hospital hospitalization. ask: can suspend litigation case Why?
 Answer: not. In this case, although a psychotic relapse, but his father has been used as a statutory agent in litigation, not necessary to discontinue the action, to wait for the determination of the agent.

Twenty-one, a feed mill to the court for the payment of arrears of farm payment of 30000 yuan and interest. Make a decision by the court, by the plant breeding benefit feed factory price 30000 yuan, and pay interest on 5000 yuan. After the verdict, feed factory has not paid according to judgment, feed factory was made to the court for enforcement, the court received a written application for enforcement, pending, seized the farms only a van, and on the morning of the second day, the truck sale. Q: is correct in the practice of the court? Why?
Answer: not right. According to the court, the people's court to take a seizure is the person applying for enforcement of property, the court should be used to determine.

A picture of twenty-two, Zhang as unauthorized by a press as a book cover design packaging, litigation. Mediation by the court, both parties agreed as follows: press 3000 yuan compensation Zhang at the end of the month before 1992 6, and was in the newspaper. The court has made a mediation agreement, and served on both parties. Press paid compensation in the agreed date, but has not the newspaper to apologize. 1993 June Zhang for a lawyer asked, hoping to force to fulfill an obligation to press through the court, but I do not know what the court can take legal measures to solve this problem. Q: how do you answer to Zhang's advice?
Answer: apology does not have the payment of property, the court can not take compulsory enforcement measures, the court may order the press change to pay a certain amount of fines.

Twenty-three, 1991 April, a clothing store and a garment factory signed a purchase and sale contract by coat, clothing store to a clothing factory order snowflake coat 100 pieces, each piece of the unit price 500 yuan, for a total of 50000 yuan. Quality according to the samples shall prevail; fabrics containing wool quantity should be over 70%. For the delivery of the same year the end of the 10; payment in a week after receiving qualified internal settlement. The clothing store in October 27th received the full consignment of goods. During the open package inspection, found that the fabric texture is soft, the weight of each coat than the sealing sample is much lighter, including hair coat fabric of doubt, and 30 in the same month the 3 coat to the local quality inspection departments to fabric including wool quantity determination. In November 20th, the clothing store with gross weight of 48.53% results. November 21st to the garment factory, detection results tell, ask to return money and tell them to send someone to come to treatment. Garment factory electrical buckle, to have exceeded the time limit prescribed by the objection to the quality, the other is not recognized, and the clothing store payment. Later, although both sides after repeated telegrams, letters back and forth, but failed to reach a consensus, so the clothing store clothing factory in 1992 March on the grounds of non payment, to the people's court, ask any clothing store payment and pay the overdue payment default responsibility. In submitting indictment the property preservation on the implementation of the accused. The court found, clothing store bank deposits only 30000 yuan. But there are 25000 yuan due creditor's rights in company A. So the court according to the law on the execution of property preservation measures clothing store. After the court to verify a clothing factory in the coat fabrics with batch purchase, with hair Liangque is less than 50% after the fact, that intrinsic quality range of composition department of fabric of goods, can not be applied to industrial products sales contract regulations' rules' of product appearance quality objection period. The clothing store forward written quality objection effective. Garment factory in the received quality objection to each other, not handled properly, is the direct cause, resulting in cost disputes according to the facts, in accordance with the law, the court made the right decision, both parties shall not appeal. Q: how to property preservation 1, the case? 2, the plaintiff should bear any responsibility for property preservation court implementation because of its application?
Answer: 1, the court sealed freezing the property. 2, to the defendant if losses are caused, it shall compensate for the losses.

Twenty-four, by the end of 1991, optimize a brand cigarette factory director after the election. Some of the past and the new factory, a have views of the cadres are not employed, including the supply and marketing section chief single and original service cadres Yi etc.. A single, easy to some cigarette factory and the business units spread rumors, said director Lin took office, some products shoddy goods to the user, a year to important positions and quality inspection and its improper relations, etc.. After the news, cause a reaction in the whole plant, some customers have the letter calls to terminate the business relationship, and caused the director Lin and his wife did not. In this regard, in February 23, 1992, President Lin sue to the court, the legal responsibilities shall be investigated for a single and an easy infringement on the right of reputation. On 26 August, a single find some AI in quality inspection room, AI two years ago on a single wishful thinking, swear not to marry a non single. Single to AI said: as long as you are willing to help me with this, I marry you. Mr. AI fear not dare to promise. But after several live strong attack a single or yield. On 28 August, the court accepted the case, a single will AI according to his inspired set and director Lin "love letter" to the court.
  Court trial, some are not employ cadres also participate in the meeting. The court announced the rules of the court, and a clear violation of the court of law will be investigated for legal responsibility according to law. In the trial, director Lin denied individual gratitude and grudges without hiring the defendant, but because the defendant is not responsible for the work and incompetent. The two sides this argue, the chairman of the tribunal asked both parties around the controversy whether the infringement upon the right of reputation and debates, sit to the gallery on a high suddenly stood up, loudly denounced the presiding judge to protect the plaintiff, unfair enforcement. The bailiff to stop, he beat the bailiff. The judge is the dean's nephew, given the president just go out, a contempt of court trial is decided on, longer than high detention. The court turned out to a single submission "love letter" is a forgery. Q: who is 1, in this case acts prejudice the civil litigation? The people's court should be how to take coercive measures? 2, the people's court in this case for detention whether there are errors?
Answer: 1, a high, a single. 2, there are errors, detained by the president of the court decision.

Twenty-five, the appellant (defendant in the original instance) Wang *, male, 35 years old, workers; the appellee (the plaintiff,) in *, female,
30 years old, farmers. Wang * and *1984 married, married feelings is good, the birth of a boy has over 6 years of age. Since 1986, Wang * * Don't care to our life, rarely return to the countryside and to * together, both sides noisy non-stop, disputes. In 1991 the prosecution requested Wang * * to pay child support payments, a District People's court by Wang * monthly payment childcare costs 50 yuan. Wang * appeal, and requested the court of the second instance judgment of divorce. The intermediate people's court after mediation the two sides agree to divorce, and reached the following agreement (1) Wang * and * voluntary divorce; (2) the marriage because the * raise, Wang * monthly pay maintenance fee 55 yuan; (3) foreign owed 400 yuan by Wang * repay (4) now all property owned by the respective all.

Q: Intermediate Court is correct? Why? If the instance fails, can be the verdict?
Answer: right. As long as the two sides voluntary mediation, the court may make. Can't.

Twenty-six, the appellant (the plaintiff) Li, female, 40 years old, cadres. Appellee (defendant in the original instance) Wu *, male 44 years old, cadres. Lee and Wu in 1979 free love marriage, born in a male and a female, have to go to school. In recent years, due to the * busy, often go out, but also because of Li * College, often feel heavy housework, and the lack of a * understanding and help, two people have the dispute, growing estrangement. One day in early 1992, Wu * travel home, Lee then words constantly, the quarrel Wu shot will be the wife wounded, Lee angrily to divorce court. The district court mediation, Wu agreed to divorce, and custody of children, the two differences of opinion. So the court (1) grant Lee and Wu * * divorce; (2) by the Wu * raise legitimate boy, girl from Li Fuyang, Wu Meiyue to pay maintenance fee 20 yuan (3) marital property TV one, refrigerator, double A and Li He girl's personal clothing to Lee, the rest of the GUI wu. After the verdict, Lee refuses to accept, to fight for custody of the two children and appeal. In the court hearing, Li, Wu two old regret, regret and sadness, mutual understanding of each other, Lee to the intermediate people's court to apply for the withdrawal of the divorce proceedings, the intermediate court after examination ruled (1) to withdraw the first instance judgment; (2) grant Lee withdraw the divorce.
Q: (1) Li Nengfou applied to withdraw the divorce? Whether the application for withdrawal of appeal? Why? (2) the people's court ruling is correct? Why (3) the people's court should be how to deal with it in accordance with the procedures?
Answer: (1) not. Sure. You can withdraw an appeal, but divorce appeal cannot be withdrawn, can remarry. (2) is not correct. Divorce can't appeal, appeal.
(3) rejected the appeal.

Twenty-seven, Lin for robbery and sentenced to 10 years in prison, his wife Zhao divorce and property requirements will be home to our children and all. Lin had no comment on the divorce, just put forward by the parents have house property. The children by their parents, do not agree to all property awarded to. During the investigation, Lin Zhao, the existence of the marriage, to build their own a house 5, a set of furniture, a deposit of ten thousand yuan and his clothes pieces. Lin * parents monthly pension of 200 yuan. The court thought life Lin's parents have security, children Shang Xiaoyou custody of the woman is conducive to breeding, so will all the property to the woman. The court after the verdict, Lin immediately objected, verbal appeal, asked for a lawyer to write the appeal. The next day, the forest of sudden cardiac death. In this case, the first instance court personnel viewpoints differ, there are several opinions, (1) although Lin appeal, but not presenting complaint, not to a higher court, should not be the case report, 15 days after the decision shall take effect; (2) oral appeal should also admit, should be the record to the the court; (3) a court declared invalid, interested persons prosecuted if a dispute. Q: (1) what do you think is the correct views? And explain the reason. (2) if the forest * will submit appeal before death, the people's court should be how to deal with?
Answer: (1) third kinds of opinions correctly, the death, marriage terminated automatically. (2) the court shall suspend litigation, waiting for the successor to indicate whether to participate in the proceedings.

Twenty-eight, Zhu is Feng Jun's stepmother, Zhu and Rev father Feng Hua after she gave birth to a son and a daughter, live in a building Zhu inherited within marriage. Because Feng Hua Zhu to Feng Jun often beat and scold, which in 1955 bought five loop of the twelve Lane 6, saving a single live to Feng Jun. Because Feng Jun is underage, Feng Hua and the Feng Chun sister to live with Feng Jun, and took care of Feng Jun. In 1990 May Feng Hua died. 1991 June Chu at the basic people's court in the prosecution, and Feng Jun inherited the house Feng Jun lived. The people's court think, the house has been living by Feng Jun, Feng Hua had been wrong to check property in cash reimbursement, rationally allocate. Zhu Yizi has been taking care of a woman, and to inherit the house without a reason, which decided in December 3, 1991 rejected the claim. Zhu refuses to accept, according to Feng Jun, the house is the common property of her and Feng Hua as the reason, the appeal to the intermediate people's court.
  The intermediate people's court, the house has been living with Feng Jun, Zhu and their children have houses to live in, but also in the treatment of confiscated property cash reimbursement, have been taken into account in this house is in the possession of Feng Jun, so the economy gave Zhu share. Namely, decided in April 5, 1992 to maintain the status quo. Zhu is still not satisfied, to the higher people's court for retrial. In 1992 November, the higher people's court review the case, found the house property in the "Cultural Revolution" in the public, but as Feng Jun lived, after segmentation back confiscated property fails, the house has not yet been implemented policy property, distribution of discount does not involve the houses. On the basis of it, the house was purchased during the existence of the relationship between Feng Hua and Zhu marital property, property rights should be for the two of them all, except for half of Zhu Yingyou, Zhu and his children and Feng Jun is the legal heir, common inheritance shall consist of 4 people. The original, two two judgment ascertaining the facts "wrong", in 1993 February, the second rule to cancel the original judgment, the people's Court of first instance for retrial, the court of first instance decisions are still made by former members on trial, because they are familiar with the case.
Q: 1, the original instruction trial court again right? 2, the higher people's Court of retrial before whether revocation of the original sentence? 3, the retrial court collegiate panel not legitimate?
 Answer: 1, no, should command the court of second instance. 2, can not. 3, illegal, will form a new collegial panel.
Twenty-nine, individual industrial and commercial households Mao in 1983 April started the "Lan Qing furniture store". At the beginning of 1987, Mao was arrested a committed intentional homicide. 52 legal or citizens of debtor creditor relationship after the incident and Mao Mou "Lan Qing furniture shop", has to a Shanghai City People's court prosecution, asked a discharge debts. Courts in the trial of the 52 debt case, found that "Lan Qing furniture shop" as the business is not good, have failed to repay debts court to consider the protection of all the legitimate rights and interests of creditors, the creditors can get a fair settlement, in April 15th the same year by the court to organize a liquidation team shall be responsible for the specific work, the liquidation. The liquidation group in May 15th the newspaper announcement: the creditors in a period of one month to the liquidation group to declare the creditor's rights. The period of the public notice, the other creditors have to a liquidation group to declare creditor's rights, and has been indicted for a total of 69 creditors. Some were sentenced to death in July 13, 1987. Mao Mou has been executed, the court in order to make all the claims can be unified, fair, reasonable settlement, order to suspend the trial of the 52 debt case in July 31st, all transferred to the liquidation procedure.
  The liquidation group under court supervision, examination of the claims and debts hair whip, recover hair a creditor, the total assets, liabilities and property processing and clear bore scheme. September 29, 1987 to convene the creditors' meeting, confirmed a liabilities amounted to 158198.38 yuan, to confirm a family assets amounted to 85038.98 yuan. The liquidation group according to the "general rules of the civil law", "law of succession", "Civil Procedure Law (Trial)" the relevant provisions, the repayment scheme to the creditors' meeting (1) removed should be priority for repayment of the taxes, the furniture shop staff wages payment plan 596.4 yuan; (2) to remove the liquidation costs 4171.79 yuan (3); allow a minor children living expenses for 2902 yuan (4) after the payment of 77368.79 yuan, with 50.559% of the proportion of liquidity to the ordinary creditors. A meeting of creditors to vote through the repayment scheme.
  The court reviewed the proposed liquidation by the liquidation group by the creditors' meeting vote allocation scheme. That conforms to the provisions of law, in October 19, 1987, made for the settlement distribution scheme. asked: the case for corporate bankruptcy procedure is correct Why?
 Answer: not right. Corporate bankruptcy filing by the debtor or creditor put forward, not in accordance with law, is not applicable to bankrupt procedure.
Thirty, February 25, 1987, a company trade warehouse manager Ning Siqiu and individual industrial and commercial households Wan Ming signed jointly operated rabbit agreement, agreed to by the trade warehouse 40000 yuan investment, responsible for the purchase and sale by Wan ming. At that time, trade warehouse paid 40000 yuan, but soon million Ming is to overthrow the protocol, put forward 40000 yuan trade warehouse payment for the loan. The trade warehouse after agreeing, Wan Ming and others partnership rabbit hair, to March 30, 1987, Wan Ming will be 32597.41 yuan to trade warehouse, to 7402.59 yuan owed is issued ious trade warehouse. In 1988 November, IOUs copy trade warehouse to Wan Ming issued as evidence, appeal to the court to order Wan Mingshan repayment. And million Mingshan in responding to, to the original ious written original trade warehouse department as evidence that the debt has been repaid. In this regard, trade warehouse argue; in the prosecution of the former, the vice manager of the company Ding Zhong from trade warehouse at the original and copy of Ding Zhong part back to trade warehouse, and Ding Zhong in the back when he lost, for without a post as warehouse related organizations and trade did not notice in a timely manner, but it lost. As for the ious original why million Ming hand, cannot explain. The mountain is called the IOU million; in October 8, 1988, the trade warehouse manager Ning Siqiu to recover the debt and return home in ious. But the identical views and his wife, Wan Ming female statement cannot. Ning Siqiu also denied, and there is evidence that Ning untouched IOUs original. In the case of the trial, the people's court has two different views. A kind of opinion thinks; ious original why Wan Ming hand section, trade warehouse explanation cannot make out a good case, it should be rejected the prosecution of trade warehouse. According to another view; the original is in the hands of IOU million Ming, but the statement and the wife, Wan Ming the woman cannot agree, and recently in 1988 October 8, Ning Siqiu and Wan Ming had a quarrel, Ning Siqiu could not alone thousands of mountain home. In addition, the recovery of arrears directly returned ious practices and financial system does not match the indirect evidence from a series of presumption million Ming did not repayment, it shall order the million Ming repayment. Finally, according to the first view the court rejected the prosecution of trade warehouse. Q: the same content in the case of the two pieces of evidence which effectively?
Answer: the original effective iou. The reason: the original is a direct evidence, the original evidence, proof force.

Thirty-one, the defendant Mao Meinian over 40 years ago, her husband died, leaving a son and a daughter. In 1985, Mao was the price of Shao met with Liu Qing. Liu because his wife died 10 years ago, only a woman is married outside, usually feel lonely. Two people met, namely the registration of marriage. Liu lived in the hair, pay a monthly gross 60 yuan living expenses, the relationship between husband and wife is good. With Mao's children grow up, Mao asked Liu to get money out to supplement the family income, Liu promised not to. In addition to Liu Mao children don't respect, both husband and wife disputes, Liu Yi rarely go home and live in the unit. Therefore, Mao Mei suspicious, often go to inquire about the whereabouts of Liu Liu units, or even far shadow. Liu made hair in angry, relations between the two sides worse. In 1990 October, Liu Xiang court, for a divorce. After Mao Yingsu, resolute don't agree to divorce, the reason is Liu has an affair, but Liu fill pay living expenses. After the court hearing, the defendant confirm the original, because of lack of understanding of marriage, the marriage constantly arguing that affection. Mediation by the plaintiff and the defendant Mao Mei resolute don't agree, also know the couple and hopeless, and request the other party to sticking to the living expenses. The defendant knows difficult to implement. To this end, both sides reached a conciliation agreement divorce, division of property and housing problems.
 Who knows, after a week when the court shall notify the parties for mediation, the defendant refuses to sign for the mediation, the reason is they suffer in the division of property.
 Q: mediation before the parties go back on what should be done?
 Answer: the court shall, in the form of sentence end of court mediation.

Thirty-two, the applicant: Italy wave Zorro ship materials supply company
 Respondent: Hongkong Bay East ship management Co. Ltd.
 In March 8, 1991, the Italy Zorro marine supply company entrust its agent to a maritime court submitted a "application for maritime attachment" to apply for a seizure is the applicant the Gulf of Hongkong Oriental Ship Management Co., moored at the wharf of the people's Republic of China "Bay grain" wheel.
 According to the application person, the company during the period from August 24, 1990 to September 28th, respectively in the three Hong Qi base Italy sub, magra, Navarre, to the applicant the Gulf of Hongkong Oriental Ship Management Co. Ltd. Liberia Ji "Bay grain" wheel, the supply of food, marine materials, the total price of 29525112 Italy lira, $46000 after many times of request, has not paid. For the preservation of the maritime claim, apply for the seizure of the wheel. Requested by the applicant to provide sufficient and reliable guarantee, $65000 in cash collateral or other forms and statements, such as error application because the applicant, and the applicant suffered losses of property, the applicant shall bear liability for compensation.
  The applicant to submit "to a maritime court application for maritime attachment" at the same time, provides the three Hong Qi base Italy sub, magra, Navarre to "Bay grain" round of the supply of food and marine documents, when the wheel in the above-mentioned documents were signed. A maritime court review of that, the application of an applicant meets the Supreme People's court "closed the proceedings before the arrest of the ship the specific provisions", approved by the president, in March 11, 1991 that approving the application, and issued an order for arrest of a ship, will be the applicant belongs to the "Bay grain" wheel in the people's Republic of China at a port in Dagang District 26 to be seized.
  In the detention period, the owner fails to provide guarantee, the applicant on 8 April, the maritime court, asked the defendant to the Gulf of Hongkong Oriental ship management limited to repay their loans of $40000 and interest. In April 9th, a maritime court, the Supreme People's court "specific provisions about" litigation before the arrest of a ship in the third paragraph sixth of the provisions, decide to initiate proceedings. The trial period, the Italy wave Zorro marine supply company received the delivery of the goods, the claim has been satisfied, applies for withdrawal. A maritime court after the review, according to the relevant provisions of the "PRC Civil Procedure Law", ruled to approve the withdrawal, and eliminate the seizure of a "Bay grain" wheel.
 Q: litigation subject both to foreign parties of maritime cases, the people's court to exercise jurisdiction?
 Answer: can. This case is the default jurisdiction, according to the "Civil Procedure Law": "foreign civil proceedings the defendant raises no objection to the jurisdiction of a people's court, and involved in reply, as acknowledged that the court has jurisdiction over the court."

Thirty-three, the appellant (the plaintiff) * * plant breeder.
  Appellee (defendant in the original instance): * * animal husbandry machinery factory.
  The race chicken plant in February 1, 1989 and the appellee animal husbandry machinery factory signed purchase and sale contract. The provisions of the contract: the animal husbandry machinery factory supply plant breeder MF11. The 8 type hatching machine (iron shell), the price of 16500 yuan, from the implementation of "three packs of", to guide the installation; February 28, 1989 delivery, the buyer from, and in March 5th the same year after installation. After both sides agreed deferred delivery. The breeder plant in March 3rd of the same year from animal husbandry machinery factory extraction of hatching machine, and delivery of full payment. In May 12th the same year, animal husbandry machinery factory the hatching machine installation is completed, but did not provide the product certificate, instructions for use and relevant technical data, only oral explanation method of operation. In May 13th, plant breeder will egg 16700 into the machine to hatch, the next day, the hatching machine SCR breakdown, temperature control, beyond the normal incubation temperature. Animal husbandry machinery factory is in in May 20th the machine repair, but only a weak chicks hatched 15%, and not as a commodity to sell chicks. In June 2nd, plant breeder and 16000 coins into the machine hatch, but the hatching machine egg turning mechanism failure, can not turn. Therefore, plant breeder has two times by an urgent telegram calls for the overhaul of animal husbandry machinery factory, but animal husbandry machinery factory after receiving the telegraph did not send maintenance has also made no answer, so that the hatching egg all scrap. Plant breeder in above two during incubation, because hatching machine failure, resulting in a de facto economic loss. In July 25th, animal factory sent to the relevant personnel to the plant breeder to carry out an inspection of hatching machine, that due to external training line lead to reverse the hatching machine running, cause egg turning mechanism failure can not be turned eggs. Plant breeder raised the quality problems of incubator, demands the return and compensation for economic losses. Because the plant breeder livestock machinery factory did not reply to requests, plant breeder and in the same year on 20 September * * a suit in a people's court, for the return and compensation for economic loss by the animal husbandry and plant. The trial court held that: livestock production machine belongs to the new product, not through identification, the plants in the sale to the plant breeder and not provide the inspection certificate, product specifications and technical regulations for operation, to the user caused great difficulties in the use and repair, and because of poor quality to the user caused economic losses. So the animal factory should bear the main responsibility. Technical performance of plant breeder without cancelling the incubator, the purchase of the blind, also partly responsible. According to the "Regulations of the people's Republic of China Economic Contract Law" article seventeenth paragraph second, thirty-seventh and "industrial products sales contract conditions" thirty-fifth section second, the verdict 1, plant breeder returned a machine, animal factory to refund the purchase price 16500 yuan. 2, animal husbandry and plant compensation for economic loss of 7026.2 yuan. Plant breeder may, in the incubator of poor quality, the factory does not implement the "Three Guarantees" on the grounds for the use of the machine caused losses shall be borne by the livestock factory compensation, appeal to * * City Intermediate People's court, the Municipal Intermediate People's Court on the facts are clear, clear the responsibility based on the mediation, the mediation, both sides in the basis of mutual understanding. Agreements are as follows: 1, plant breeder livestock plant back to a machine (animal factory after receiving the mediation book within 40 days following the date to the plant breeder to self conceit, freight). 2, animal factory after receiving a refund of the purchase price of 16500 yuan (chicken factory after receiving the mediation book the next day Ci Fuqing. 40 days) 3, animal husbandry and plant breeder plant compensation for economic loss of 12026.2 yuan (with the exception of paid 10000 yuan, the remaining 2026.2 yuan, after receiving the written mediation in a lump sum. Three days)
The first legal costs 820.72 yuan, 220.72 yuan by the plant breeder burden, the burden of 600 yuan by the animal husbandry and plant.
  The second instance procedure fee of 820.72 yuan (plant breeder has to pay), a plant breeder burden 220.72 yuan, animal factory burden 600 yuan.
 Question: if the people's court mediation correctly? Why?
 Answer: right. Pass through voluntary, lawful, find out the facts, to distinguish right from wrong principle.