life in the sky

The convoy got off the highway and soon drove into Weinan City. At a glance, the clean and spacious city streets, tall and beautiful buildings on both sides, and fashionable people on the road made Mu Guoxing feel as if he was in an economically developed city in the south. Although Mu Guoxing has never been here before, he also knows that Weinan City has been known as the Jiangnan in the Northwest since ancient times. The Hongshan Mountains, which are hundreds of kilometers from east to west, block the cold air from the northwest. The northward warm and humid air flow stops here, making Weinan's climate relatively warm and abundant rainfall, which is very suitable for the growth of crops. Historically, Weinan was a relatively rich place in Northern Ningbei Province.

The convoy turned a corner and drove to the bustling Weihua Avenue. Hundreds of people gathered in front of a large building. These people were holding banners and shouting, and there were dozens of policemen beside them to maintain order.At first glance, these people are not engaged in any celebration activities, it seems that there are masses of people petitioning.The reason is also very clear. The banners held by these people are all black and white.

Cao Jinian's face immediately changed. He looked at Governor Ouyang Hua, and saw that the other party also shook his head slightly. The two of them realized something bad at the same time, and they really came to whatever they were afraid of.

"How is this going?"

Hearing Mu Guoxing's question, Cao Jinian carefully looked at the scene that was getting closer and closer, thought for a while and said carefully: "Chief, it doesn't look like a mass petition, maybe it's some kind of activity. .”

Cao Jinian's words were very objective. The reason why he dared to conclude that this was not a mass petition was because the Weinan Municipal Party Committee and the Municipal Government were not on this street at all. It is so far away from the municipal party committee and the city hall, how could it be the masses who petitioned?

Mu Guoxing's eyes were sharp, and when he saw the words Wal-Mart written above the gate of the building, he understood a little. Maybe the masses had objections to this supermarket and spontaneously organized a protest.

Although Mu Guoxing has not spoken, Cao Jinian knows that as long as it is a problem that the No. [-] leader sees, he must figure it out.Now all the big officials in the frontiers of the country know that the head of No. [-] is the best at finding big problems from small things.

"Chief, do you want the secretary of the Weinan Municipal Party Committee to report?"

Seeing Mu Guoxing nod his head, Xiao Yang, the personal bodyguard, whispered some instructions to the driver. After driving for a few minutes, the convoy slowly stopped at the side of the road not far from the municipal committee.

Not long after Cao Jinian made the call, he saw a middle-aged man in his 50s running over panting, and saw a few guards in dark blue suits beside the minibus for a moment, and was about to say something. I saw Cao Jinian waving to him.

"Secretary Cao, Governor Ouyang, Chairman Liu, and Director Sun, we have not been notified by the General Office of the Provincial Party Committee. I am really sorry that we did not go to greet you."

As soon as the middle-aged man got into the car, he couldn't stop self-examination. When he saw Mu Guoxing, he was even more surprised: "You, are you the leader of No. [-]?"

Mu Guoxing smiled: "Comrade Tang Jian, we meet again."

Tang Jian held Mu Guoxing's hand tightly, and said excitedly and incoherently: "Chief, I really didn't expect you to come here. I heard that you came to Ningbei for inspection this morning. I was thinking about going to the provincial capital to visit you." .”

Cao Jinian and Ouyang Hua stared at all this in dumbfounded. They never thought that Tang Jian was so familiar with Chief No. [-]. Not to mention that Ouyang Hua came to Ningbei to work later, it was Cao Jinian, a native of Ningbei, a local cadre. , and only knew that Tang Jian was a cadre who came down from the capital to take a second job to exercise. Later, other cadres returned to Beijing one after another, but he stayed in Ningbei.

Cao Jinian was happy. It was he who single-handedly promoted Tang Jian, which showed that he was still discerning. With such a relationship, Tang Jian would obey his instructions even more in his work in the future.

After shaking hands and exchanging greetings, Mu Guoxing asked Tang Jian to sit next to him, to sit side by side with the head of the Central Committee. This kind of treatment was not even given to Cao Jinian, let alone Ouyang Hua.Tang Jian sat on the chair with half of his buttocks, his face flushed with excitement.

Seeing Mu Guoxing look over, Cao Jinian knew that Mu Guoxing wanted to talk about business first.

"This time we are accompanying the chief to visit Hongming County in your city. Let's talk about business first. I saw a large group of people gathered in front of the Wal-Mart supermarket on the road just now. Do you understand the situation?"

"The problem of Wal-Mart supermarket is a big problem left in history. The municipal party committee is meeting today to study and prepare to completely solve this problem. The cause of the problem is also very simple, because Wal-Mart rented a house 10 years ago, but the rent has not been paid. After repeated negotiations, coordination, arbitration, and even court enforcement, there is nothing Wal-Mart can do.”

"Be more specific."

Tang Jian stroked his train of thought and began his report: Ten years ago, Weinan Trading Co., Ltd. and Wal-Mart Service Management Co., Ltd. signed an agreement. Wal-Mart asked for the building.In the second year when the shopping mall was completed, the two parties handed over the shopping mall. According to the contract, Wal-Mart leased the shopping mall for operation, with a rent of 1000 million yuan per year and a lease term of 15 years.

Since then, Weinan Trading Company has repeatedly demanded rent, but Wal-Mart has refused to pay for various reasons.Who knew that Wal-Mart actually filed an arbitration application with the China International Economic and Trade Arbitration Commission three years ago, requesting the termination of the lease contract.The reasons are that Weinan Commercial and Trading Co., Ltd. delayed the start of construction and the construction period, the handover was illegal, the house certificates were not complete, and there were unfinished projects and so on.

After the ruling of the International Economic and Trade Arbitration Commission, all Wal-Mart's claims were rejected, and CIETAC determined that both parties would continue to perform the contract.It also requires both parties to fulfill the agreed ruling, which is legally equivalent to a lifetime ruling, but Wal-Mart just refuses to do so.

One year later, Weinan Trading Co., Ltd. applied to the Intermediate People's Court of Weinan City for enforcement.Just as the court was preparing to execute the case according to the law, Wal-Mart once again filed a new application for arbitration, demanding compensation for losses from the other party.

After a year-long investigation and verification, CIETAC made a second ruling, rejecting Wal-Mart's application and maintaining the result of the first arbitration.However, after the second ruling, Wal-Mart still did not respond.

The Weinan Intermediate People's Court prepared to complete the enforcement case in accordance with legal procedures, so it called both parties to a negotiation hearing, but the result of the first hearing caught the judges by surprise.

The court raised a series of questions to both parties, such as what was the state of the site at the time, when and who handled the handover, when did the management start, and what projects did the two parties need to cooperate with each other, and so on.But Wal-Mart's agent gave ten unclear answers in a row on the grounds that he did not understand the situation.

The ten unclear answers obviously made the hearing impossible, so the judges had to adjourn the court on the spot and let Wal-Mart review the files in court. However, after reading the files, the people from Wal-Mart still claimed that they did not know the situation. Give them time to understand the situation.

At that time, the court ruled that Wal-Mart had no more than two days to understand the situation. Wal-Mart agreed to this time during the hearing, but they still did not submit a corresponding answer to the court within the limited time limit.

At the end of August and the beginning of September this year, the Weinan Intermediate People's Court organized both parties to conduct on-site surveys mainly by the court. The main purpose of their visits was to solve the problem that both parties should perform their respective obligations in the process of continuing to perform the contract. To clarify the responsibilities, but Wal-Mart refused to sign the on-site survey transcript.

Because Wal-Mart refused to sign the site survey report, the Weinan Intermediate People's Court once again summoned both parties to appear in court for a hearing. This time, Wal-Mart simply refused to appear in court.The court called the lawyer representing the person subject to execution, saying that 5 minutes later they had other agents coming to the court for questioning, but after waiting 5 minutes, the court contacted the agent's phone number, and the call was in a transfer state, which made Wei Nan The judges of the intermediate court waited all morning in vain.

Text two thousand 740 Chapter six black sheep

According to the contract, Wal-Mart needs to place the cold storage and related shelves first, and then Weinan Trading Company will carry out the next step of civil engineering according to its corresponding location, so it needs to cooperate and support each other, otherwise this contract will be very difficult to fulfill go down.

The so-called unfinished project actually requires Wal-Mart to install its own equipment before Weinan Trading Co., Ltd. can complete the fence and other projects. However, since Dalian Wal-Mart took over the house 10 years ago, it has not allowed Dalian Wanguo to enter the construction site.

On September 9, the Weinan Intermediate People's Court convened the hearing of the parties for the sixth time, and proposed that Dalian Wanguo should provide a certain amount of funds for the unfinished project, or find a third party to complete the project, so that the two parties can reach the conditions for performing the contract, but still encountered Rejected by Wal-Mart.

In view of this attitude and behavior, the Weinan Intermediate People's Court believed that Wal-Mart had waived the corresponding rights. Just as the court was preparing for the next step, Wal-Mart changed its agent and went to the court.This time, Wal-Mart made it clear that it will not continue to perform the house lease contract, which means that Wal-Mart will not perform the arbitration award that has already taken effect.

The court then heard two more times, and Wal-Mart still stated that it would not honor the arbitration award.The most important reason this time is still the reason for the dismissal of the previous two arbitrations: Weinan Trading Co., Ltd. did not complete the project on time.However, after investigation by the court, it was found that the reason why the project could not be completed was precisely caused by Wal-Mart itself.

In order to end this protracted lawsuit as soon as possible and restore its production and operation to normal, Weinan Trading Co., Ltd. advocated a proposal to reduce rent. However, when the court asked Wal-Mart, Wal-Mart’s attitude was: the first One, disagree with the price.Second, I disagree with the court appraising the price; third, I reject the other party’s proposal for a price; fourth, I think it is not good for the court to directly determine the price.Neither the left nor the right, such behavior brought the execution of the case to a standstill again.

Hearing this, Ouyang Hua asked: "Is Wal-Mart unable to pay the rent due to economic reasons?"

Tang Jian shook his head and said with a wry smile: "Wal-mart is one of the world's top 2000 companies, and Weinan Wal-mart is a wholly-owned subsidiary of it. It currently has four stores in Weinan City with a registered capital of 9 million US dollars. Last year, Weinan Wal-Mart Wal-Mart’s sales reached more than 5000 million yuan, with a profit of more than [-] million yuan. Such a company obviously does not have the problem of being unable to pay rent.”

Hearing this, everyone understands that this is a serious illegal and anti-law case of using the identity of a foreign-funded enterprise to maliciously default on rent.But another question appeared in their hearts.The central government issued repeated orders that foreign-funded enterprises do not have any privileges in China, and should operate legally like all domestic-funded enterprises. Without the support of some forces behind the scenes, Weinan Wal-Mart would never dare to do this.

"What's the opinion of the Weinan Court?" Ouyang Hua frowned and asked, "Has there been a seminar attended by legal experts?"

"For this matter, the municipal party committee specially invited several famous legal experts from the capital and the province to study the case. The experts agreed that: Weinan Trading Co., Ltd. has handed over the basically completed project to Wal-Mart and put it into operation. , Since taking over, Wal-Mart should pay the rent. According to this calculation, the house has been handed over for ten years, and Wal-Mart’s rent arrears has reached more than 1 million yuan, which does not include interest and losses caused to the other party.”

After a pause, Tang Jian continued: "Wal-Mart has now opened another store elsewhere, and the establishment of this new store is the real reason why Wal-Mart refused to perform the agreement. Legal experts believe that the reason why Wal-Mart took the delay is because There is no value in continuing to perform the ruling. Because after the opening of the new store, the original site is no longer needed, and the purpose is to rely on the rent and not pay it back.”

The facts are already very clear. It is Wal-Mart's refusal to perform that has brought the court's execution to a deadlock.For this kind of behavior, the law expressly stipulates that the company's bank accounts, business premises, inventory materials, land use rights and other properties can be frozen and seized. According to Article 102 of the Civil Procedure Law, if it refuses to perform or does not cooperate with the performance, the court will Wal-Mart can be fined and detained in accordance with the law, and if a legal person constitutes a criminal offense, its criminal responsibility should also be investigated.

At this time, Mu Guoxing has basically concluded that there must be some unknown secrets behind this case, otherwise, with the facts basically clear and the evidence solid, Wal-Mart would not dare to confront Wei Nan so blatantly Enforcement by Municipal Court.This is not just a legal case, but has already involved the issue of whether foreign-funded enterprises can operate in China in a law-abiding manner. Wal-Mart's doing so is actually a kind of contempt for China's laws.

"Sir, what instructions do you have?"

Mu Guoxing smiled and waved his hands: "This is about your Ningbei matter, and it is inconvenient for me to participate in the opinion. But what I want to remind you is who is supporting Wal-Mart. Such a simple case, why did it take ten years? Can’t solve it? Where is the dignity of the law? If this matter is not handled properly, it will affect the general environment of our country’s economic development.”

Although Mu Guoxing did not give clear instructions on what to do, everyone knew what Mu Guoxing meant.When Tang Jian was reporting just now, Cao Jinian had the same thoughts as Mu Guoxing. Although he still doesn't know who the backer of Wal-Mart is, he can also conclude that the roots must be in the province, or even in the the capital.

Mu Guoxing looked at his watch: "Comrade Ji Nian, let Comrade Tang Jian be our guide. Let's talk about some things while walking on the road."

The small convoy started back on the road and continued to drive south. Mu Guoxing asked: "Comrade Tang Jian, please tell me the truth, why Weinan City Intermediate People's Court has not handled such a simple case for so many years?" come down."

It could be seen that Tang Jian was hesitant, and after thinking for a while, he said, "Chief, this case looks simple on the surface, but it is very complicated behind the scenes."

Seeing Tang Jian hesitating, Mu Guoxing smiled: "Speak up if you have something to say, we all will support you. This is not like you used to be outspoken. Isn't it true that you are more and more courageous when you become an official?" Small."

Mu Guoxing said this very meaningfully. In fact, he told Cao Jinian, Ouyang Hua and others that they must fully support Weinan City in handling this case well.

"Chief, it is said that Wal-Mart's entry into Weinan was introduced by a certain leader of the province on the instructions of a certain chief of the capital. The boss of Wal-Mart Weinan is also very powerful, and he does not put our municipal party committee and the city government at all. In their eyes, they not only did not cooperate with the tax authorities to check the accounts, but also kicked out the staff who went to check the accounts. Their boss also publicly declared that they had connections in the province and the capital, and no one dared to take them out. How about it."

Mu Guoxing nodded: "The central government has issued repeated orders and repeated orders. Any foreign-funded enterprise must operate in accordance with the law without any privileges. Since they broke the law, you can punish them according to the law. How can those who are afraid of wolves and tigers reflect the law? justice?"

Mu Guoxing's words smacked of criticizing Tang Jian. Cao Jinian hastily explained: "Boss, Comrade Tang Jian only took over the post of Municipal Party Secretary at the beginning of this year."

Mu Guoxing nodded: "Although this case only happened in the city of Weinan, I hope that the Ningbei Provincial Party Committee and Provincial Government will seriously investigate whether the same situation will occur in other places. No matter who is involved, it doesn't matter who they are. How big is the background and background of the company, as long as it violates the law, it must be punished resolutely according to the law. We have been talking about the administration according to the law, how can there be no way to deal with a foreign-funded enterprise?"