Refusing to cooperate with the lawyer to investigate, the court issued 100000 fines
Recently, the people’s court decided to impose a fine of 100000 yuan on a project cost consulting company that refused to cooperate with the lawyer to investigate and obtain evidence with the lawyer’s investigation order issued by the court. This is the first time that the court issued a ticket for those who ignored the lawyer’s investigation order, which effectively guaranteed the implementation of the lawyer’s investigation order system and promoted the improvement of trial efficiency.
The court accepted the case of the plaintiff Li v. the defendant electric company’s labor contract dispute. Li is a migrant worker engaged in individual cleaning, but the defendant did not pay the labor fee to him as agreed. Therefore, he originally told the court for handling. During the trial of the case, because the defendant refused to provide the project audit report and other evidence closely related to the determination of the facts of the case, the plaintiff could not obtain it by itself. At the request of the party, after strict examination, court issued a lawyer’s investigation order to a project cost consulting company of the unit making the audit report in accordance with the relevant provisions of several provisions of the people’s Court on the implementation of lawyer’s investigation order in civil litigation (Trial), And the plaintiff’s agent went to the company with an investigation order to obtain the audit report and other evidence related to the case. During the investigation, the company refused the lawyer’s investigation order without justified reasons and refused to cooperate to provide relevant evidence. After being legally summoned by the court, it still refused to attend the hearing, which affected the smooth progress of the case trial.
The court held that the consulting company, as the maker of the audit report, had the obligation to receive the lawyer’s investigation order and cooperate with the performance of relevant legal obligations. Its refusal to cooperate had constituted an obstruction to the people’s court’s investigation and evidence collection. According to the relevant provisions of the civil procedure law of the people’s Republic of China, in addition to ordering it to perform its obligation of assistance, it decided to impose a fine of 100000 yuan as a punishment. Recently, the punished unit has paid the fine on schedule and provided the court with relevant evidence of the case.