- Posted January 31, 2013 by
This iReport is part of an assignment:
Life in China
Beijing, China; Court Robs Citizen!?
In 2010, the wife of the family wanted to establish a home for aged people in her hometown, and to take care of old generations who obeyed One Child Policy in their young age but suffering by such a policy now in their old.
Since there are no financing means in China available for such a business, the couple decided to sell their property in Beijing in order to continue the infrastructure construction. That decision is the starting point of a nightmare.
The couple signed property sales contract with a man from Shan’xi province via a property agent, because buyer’s indication that he was going to marriage and urgently need a place, the couple allowed the buyer moved into the house before receiving the full down payment; but later the buyer failed in fulfilling his obligation to release the full down payment in time, and the buyer indicated that he had failed to apply the mortgage from bank and has no money to pay.
The couple requested to cancel the contract and get back their property, but the buyer refused to do so and indicated that he would sell the property to another person and requested the couple to sign related document in order to change the Party A of the original contract. The wife recorded all her conversations with buyer by her mobile, and didn’t trust the buyer anymore; the couple decided to start a lawsuit.
With the soaring property price in Beijing, people making fast bucks out of real estate, people like buyer dreamed of becoming rich through a single purchase and resell of a real estate.
Later on the couple found evidences that indicate the buyer produced fake documents in order to sell the house to another person, those documents stamped with the fake signature of the wife of the couple.
Sep. 2010, the couple won the first instance, the verdict requests the buyer pays USD18,000 compensation to the couple. And the buyer requested appeal.
Mar. 2011, the higher court sends back the suit and requested a retrial.
July 2012, the buyer won the retrial that request to continue the purchase, and the couple requested appeal.
Nov. 2012, the higher court insists to maintain the last verdict.
All audio records clearly illustrate that the buyer failed to take his obligation, and the couple even supplemented their new evidences which clearly indicate that the buyer made fake documents in order to sell the property to another.However, the court ignored all evidences provided by family wife, and even made a statement on their Final Paper of Judgment which saying that all audio records provider by BUYER indicate that the couple failed to take her obligation, the interesting point is that during all processes the BUYER did NOT provide ANY audio evidences!
Another ridicules point is that same justice officer, Diu Jiubao(Chinese:刁久豹), appeared as judger in the last two judgments, such an arrangement is not allowed by Law. Although the Central Government emphasis the importance of Legal Process, it seems that the working level of the court do not fully understand the meaning of their boss.
Now the couple forced to sell the property to the cheater regardless of all clear evidences and couple's willingness. Since the lawsuit started, the couple has paid more than USD 60,000 for bank’s mortgage of their property, but the house is occupied, the court did not mention it at all in their Judgment Paper.
Actually, the friends of the couple suggested them to be prepared for bribe, but the couple believed that it is not necessary and doubted the corruption situation reported by foreign media. The insider of court told that it is clear that the judge are bribed, the insider even knows the price of that. Because of increased price, the buyer could earn extra USD 700,000 by resell if the judgment come into effect, of course, part of the profit will be distributed to the people who made the judgment happens.
The home for aged people is half finished, now the couple considering borrowing money from illegal private organization.
The new political bureau members already stepped into their daily management, with the strong signals to outside that the government will not tolerate further corruption; however, it may take longer than expected to solve the problem of the people like the couple. The couple will not give up their appeals, they are not afraid of fighting with people in power, and they are planning to visit higher court with more evidences!!
The couple has sent their complaining letter to Complaint Handling Office which located in a rural area, but the office itself was built like a 5 start hotel.
We will continue to report the development of the story.