Case Study On The Case Of Housing Sale Contract Dispute

The case of sales contract that Zhang and Yin claim on Yi Conservation Institute and Jin Company has passed the first trial of intermediate people’s court,the second trial of higher people’s court and adjudication of retrial of higher people’s court,and determines to review in the fourth stage.the case situation is very complex and the case involves the confirmation of civil legal relationship among the plaintiff Zhang,Yin and the second defendant Jin Company,and whether there is possibility in partnership,agency relationship,debt transfer relationship;the ex right disposition of first defendant Yi Conservation Institute,the qualitative and choice of evidence of the case.The dispute focus of the cause is whether the plaintiff may break the contract relativity and claim on the second defendant Jin Company(whether the second defendant Jin Company is competent as the defendant);whether the plaintiff’s appeal is accurate;the plaintiff constituents confess based on the admission of the second defendant in"Criminal Inquiry Record";Criminal Inquiry Record is used in the evidence property when hearing civil cases;whether Criminal Inquiry Record has higher certification effect in civil case.The paper analyzes the case with an intent of taking use of the existing legal forms or juristal theory to solve the above disputes in specific cases.One of the dispute focus in the case is "the evidence property and effect of Criminal Inquiry Record in civil case".The legal basis is not specified in legal field.The single similar case may be obtained through finding the previous justice cases of the higher court to specify the evidence property of Criminal Inquiry Record.There is dispute in academic circle.More viewpoints are consistent with the viewpoint of the Supreme People’s court,namely Criminal Inquiry Record is used as the witness testimony in civil case without higher certification effect.During the case hearing process,the people’s court still reviews its objectivity,legitimacy and correlation according to Rules of Evidence In Civil Procedure.The evidence may be accepted when three properties are met at the same time.From the point of view of judicial cases,it is found and put forward the practical problems to compare study in the academic,legislative and judicial practice.The analysis of actual problems on basis of theoretical discussion is the purpose tow write the paper.because judicial precedent may comes from perceptual knowledge,the author is limited by specific background materials and time limit when researching the viewpoints to individual cases.it is used to judge the accuracy and reliability of conclusions just as hearing the specific cases based on current evidence and court hearing process.It is the embodiment of "legal truth".On this basis,the teacher is wished to correct the omissions and errors.