The informer:Zhang Weimin (ID card copy attached), Tel: 13501342302, address: No. 417 Suihua TV Technology Department Zhang Weinan Red Road, Suihua City, Heilongjiang Province, turn to Zhang Weimin (please mark on the envelope the receiver function generation person call 13945520240 for accurate delivery receipt)

By report unit:The higher people's Court of Beijing

Report reason and basis:

1, by the report unit handling administrative appeals for more than the administrative litigation law article sixtieth "the people's court shall, from the day of receiving the appeal and make a final judgment within two months. Senior court extended, approved by the Supreme People's court." In accordance with the provisions of the 2 month period, while in 2011 1 month 4 day received a court in the city of Beijing (2010) in the initial trial for No. 2703rd administrative cases will inform the content according to the book, and the judgment also served notice of appeal, in 2011 1 month 9 days to Beijing City yizhongyuan submit the petition and copy, and on the following day remittance pay fee (appeal court of first instance shall be in 5 days to appeal and the case files, including all relevant to the case materials sent to the appeal, the time unit) that after receiving the appeal of the Beijing high court, so far over two months, which is in violation of the above provisions and report the fact that there (unit: person of January 9, 2011 submitted petition and copy of the mailing list and pay the appeal fee remittance copy, the date for evidence;

2, be report units exist in violation of the fifth article of "all activities that violate the Constitution and laws, and must be held accountable," and 2 is report units exist in violation of the fifth article of "all activities that violate the Constitution and laws, and must be held accountable" and the 27 "all state organs to implement the principle of simplification, the system of responsibility for work implementation, staff training and examination system, improve the quality of work and efficiency, oppose bureaucracy... Listen to the views of the people, to accept the people's supervision, regulation and strive to serve the people", the fact that there are three main aspects are as follows:

A person is, in 2011 March 20 received the report unit served Court Express (envelope marked to be served notice of acceptance, no hair, but time label) envelope and requirements for only litigation informants sign and return the receipt of service (without any sender timestamps, litigation notice in acceptance time only sign is in 2010 February 17 day, at that time, the case has not occurred, so as not to send a time mark), nor any signature or seal litigation notice (and in the receipt of service record "the notes" name does not match), the receipt of the only documented requirements the informer confirmed the signing of Party A and the summons for a two item name, caused the informants in not received subpoenas and notification of acceptance conditions, but also confirmed the signing of the fact (attached report: by the unit served litigation notice and the receipt of the original copy and informants comments after submitted to the appeal by unit the receipt of copy and send back the unit please the confirmation litigation notice and a copy of the court express envelope copy for evidence), by proving that the report unit Is to improve the quality of work, also did not improve the work efficiency, no efforts to serve the people;

Two, by the report unit in the admissibility of the case, there is no violation of the court of first instance administrative procedure law "article fifty-seventh the people's court shall in the case within 3 months from the date the judgment of first instance" provisions to handle the fact (informants in 2010 July 9 , a trial court indictment, copy and other related evidence material a total of 20 copies and pay the litigation costs, the court of first instance in violation of the administrative procedure law "article forty-second the people's court receives a bill of complaint, after examination, shall be in the 7 days put on record or ruled inadmissible" file time provisions, the first notification of acceptance on the record filing date for August 2, 2010, a the judgment was dated 2010 12 month 30 days, significantly more than 3 months time), by proving that there is no report units shall be subject to the court of first instance trial of fact illegal (receiving list and informants report: 2010 July 9 informants to the trial court filing the complaint and other evidential materials as the court of first instance a copy of the receipt issued by the payment, charges for evidence);

Three, by the report unit no informants in March 21, 2011 according to its mailing "submitted by the higher people's Court of Beijing city from 2011 to March 20 , served on the court express and materials in the case and relevant to the case in other application" "application as follows" part third to 8 applications matters reply, only in the 3 24 phone on the application of first informants, 2 had oral answer: 1) told the litigation notice is a notice shall accept the cases on appeal, but litigation notice has not been appeals unit seal or any other legal identity, also not the case number essential elements, processing time, does not have the case acceptance notice, the verbal explanation violates the legal provisions; 2) the receipt of service records, a transfer ticket and asked the informants sign and return, and no mail in the court express, belongs to the report unit case handling personnel error(the reason is around March 10th report unit had telephone notify the informants in May 9, 2011 to report units for conversation, but because the individual person currently living in Heilongjiang, went to Beijing to talk the same talk, if necessary, need to provide a written summons and note - by and legal basis, then the investigators put forward written trial, i.e. no need to talk and talk, but an informer) summons to think that even if the written trial, should also to provide reasons for the change of informants written trial basis and legal basis, and the appellee unit did not provide. Therefore, proved to be the work quality, work efficiency and not to serve the people in the unit did not provide appeal: the informer to report (report was submitted by the Beijing Municipal Higher People's Daily "on 2011 March 20 received the court of court express and the material conditions show that case and the other relevant application" and "in 2011 March 21 , the appellant to the trial court filing materials list" copy for evidence. At the same time, by the informants report units without the application of the sixth requirements make description of more than the statutory trial time (including the relevant responsible personnel to carry out the challenge and make the determination and treatment of illegal or in violation of the application), which the investigators of the case may make the unfair trial fact, violate the administrative litigation law article forty-seventh "judicial personnel and the parties that have an interest in the case or other relations may affect the fair trial, shall have the right to apply for withdrawal of the judicial personnel".

    In summary, report (including its subordinate units by the court of first instance) exist in any force majeure, nor by a higher court approved circumstances over the statutory trial time fact, in violation of the law, resulting in the following consequences:

1, the contradiction between a new representative countries to resolve social contradictions in judicial organs and administrative litigation facts, but also delay the contradictions governing the patent administration department under the State Council behavior are resolved in a timely manner of time, causing a serious impact on the country's reputation;

2, because of their violations of delay time in dealing with the conflict between the trial Chinese only patent administrative review organs and informants, the informants and informants have similar inventions, inventors are application or need to apply for a patent protection is still not accurate understanding of China's invention patent examination and judicial cognizance standard, caused the pending and quasi an application for a patent for invention protection achievements was also delay the fact.

The above facts and consequences, by proving that the report unit behavior should belong to the high [2006]2 explains "the Supreme People's Procuratorate on malfeasance

"Filing standards stipulated crime of breach of privilege case (article 397th of the criminal law) suspected cases eighth, Ninth provisions. Therefore, Ken

Beijing City People's procuratorate according to the laws, regulations and high [2009]12 number "the Supreme People's Procuratorate " people's Procuratorate report work regulations "notice" in the relevant provisions shall be registered and investigated, and according to the people's Procuratorate shall report work in the content in a timely manner to the real name, according to informants reply (for informants provide other supplementary explanation or evidence material, may at any time to obtain a letter), so as to punish the representative country
Home exercise resolve social contradictions in judicial organ interior illegal personnel, to restore the national reputation, reduce the informants and related personnel and field loss, avoid greater negative impact. If the procuratorial organs placed on file at the beginning of the Department of nuclear report material not make decision placed on file, please according to the people's Procuratorate report work in Chapter fifth "reply" real name to report the provisions for real name informer to make accurate written reply, and indicate in the reply: a) informants should be how to perform to the procuratorial organs for institutions register request procedure and method of reconsideration or order; if still decided not to file the procuratorial organ internal review or ruling, informants can ask reconsideration or order request to the external supervision mechanism of procuratorial organs, such as the people's Congress supervision of law enforcement departments, politics and Law Committee, if you can please the procedure and method of performance.

If no prosecution external decision not placed on file review or ruling mechanism, informants suggest prosecutors as soon as possible with the relevant departments to establish coordination, like the procuratorial organs supervise the public security organ shall not register the same external case supervision mechanism of decision, and notify the informants to perform external case supervision mechanism of reconsideration or ruling procedure; b) if prosecutors decide registered and investigated, please timely filing decisions and query processing result notify the informants procuratorial organs.

Attached: "2011 4 month 8 days Zhang Weimin to the Beijing City People's Procuratorate submitted report Beijing senior court documents list" and the records of each 1 pieces (including this report and the attached documents), have been whistle signature stamp.

Yours sincerely

Beijing City People's Procuratorate                          Reporter: (mail pieces by whistle signature seal)

April 8, 2011

In 2011 April 8 Zhang Weimin to the Beijing City People's Procuratorate submitted report Beijing senior court documents list

1, "the Beijing high administrative court of appeal case process exists the illegal facts report that" the original, 1 copies of 3

Page;

2, 2011 January 9 submitted an appeal and a copy of the mailing list and pay the fee remittance copy, 1 copies of a 1 page;

3, by the report unit served litigation notice (2, 4 pages) and the receipt of service (1 pages) to submit original copies and informants comments after

To appeal by units of the receipt of a copy (1 pages), whistle signature stamp and send back by litigation notice a copy of the appeal unit please confirm (2, P. 4), 2011 March 20 informants receive copies of court express envelope (1 pages) every 1, 7, 11 pages;

Receiving list and informants, in 2010 July 4 person 9 to a trial court filing the complaint and other evidence issued by the court of first instance to pay charges fee receipt of a copy of the 1, 3 pages;

5, the informer to report submitted by the higher people's Court of Beijing city "received on 2011 March 20 , served on the court express and material of instructions and associated with the other application" copy, 3 pages;

6, "2011 March 21 appeals to the court of second instance documents copy material list", a total of 2 pages;

7, reporter 1 photocopies of the identity certificate of the 1 page

The above proof materials (already whistle signature seal), please check, Beijing city procuratorate check, for informants supplement or submit other documents of proof, may at any time to obtain a letter.

Reporter: (mail pieces by whistle signature seal)

April 8, 2011

   For more than two copies of materials April 9, 2011 informants mail EMS (in other materials temporarily omitted), only pay attention to our country invention patent reexamination of administrative appeal case to the social from all walks of life reference.