Civil administrative procuratorate
Where does the hen stay? Civil protest to promote reconciliation
Time: December 17, 2013 Author: Wang Fei News source: Provincial People's Bank Office [Font size: large | in | Small
   Can a hen guarantee to lay an egg every day? At present, the Provincial Procuratorate has filed a protest against this issue in a divorce property division case to the court. The court finally tried again and redistributed the marital property.

   two thousand and eleven year six In June, Yao filed a lawsuit to the court for divorce with his husband Mei, who had been married for more than a year, on the grounds of emotional breakdown, and divided the family property such as the chicken farm.

   The people's court held in the first instance that Yao and Mei had broken up and met the conditions for divorce. According to the market price and the seasonality of laying eggs, the price of each chicken in the chicken farm is forty Yuan, forty-five thousand The value of chicken is eighteen 10000 yuan; since two thousand and eleven year five month one From four thousand and five hundred Each chicken lays an egg every day. The price of an egg is zero point six element , Daily egg income two thousand and seven hundred element , Deduct chicken feed every day one thousand and three hundred element , The net profit per day is one thousand and four hundred element , Press one hundred Day count ( since two thousand and eleven year five month one Arrive on two thousand and eleven year eight month ten To ), The value of eggs should be fourteen 10000 yuan , To sum up , Chicken farm ( Chicken and eggs ) Deduct investment cost twelve 10000 yuan , Net profit twenty 10000 yuan , This twenty In ten thousand yuan profit and investment cost four 10000 yuan plus existing household deposits one 10000 yuan in total twenty-five Ten thousand yuan, all of which are the joint property of husband and wife, and should be divided equally. It was decided that the chicken farm invested and operated by Yao and Mei belonged to Mei and Yao shared the property twelve ten thousand five Thousand yuan.

   Mei refused and appealed.

   The second instance of the People's Court held that the total value of the chicken farm (chicken and eggs) was thirty-two 10000 yuan, net of investment cost twelve 10000 yuan, net profit is twenty Ten thousand yuan. The above determination has comprehensively considered the current market price and the seasonal nature of laying eggs and other special conditions of the chicken industry, and it is determined that the net profit of the chicken farm is twenty Ten thousand yuan, the amount is reasonable, not obviously too high, and the original judgment is upheld.

   Mei refused and applied to the procuratorial organ for protest.

   The procuratorate protested that the judgment overestimated the profits of chicken farms, and the basic evidence was lack of evidence. The chicken farm operated by Mei ( Chicken and eggs ) Deduct investment cost one hundred and twenty thousand element , Net profit two hundred thousand Yuan, which is based on the value of each chicken in the chicken farm forty Each chicken is guaranteed to lay an egg every day. two thousand and eleven year five month one Arrive on two thousand and eleven year eight month ten During the period, it has not been confirmed whether the hens in the chicken farm can lay eggs. The assurance that each chicken lays an egg every day is an inference, not based on the evaluation of chicken breed character, and is obviously inconsistent with daily experience.

province After the procuratorial organ protested, the people's court ruled to retry the case. The procuratorial organ, through full communication and consultation with both parties, urged both parties to make mutual concessions and understandings on the disputed part of the original judgment, and finally reached an agreement during the retrial of the people's court to redistribute the husband and wife's property. So far, Mei and Yao both achieved satisfactory results, and the dispute was settled.