Case 1: Hefei L Landscape Engineering Co., Ltd

Company's application for case filing supervision

    Basic Case

In January 2020, Hefei L Garden Company lodged a complaint with the People's Procuratorate of Anhui Province, saying that the company contracted a landscape greening project in a county in 2010, and the company had to file a lawsuit to the court because the employer, the county water conservancy bureau, was in arrears with the company's project payment of more than 100 million yuan for a long time. During the lawsuit, the county water conservancy bureau reported to the county public security bureau that L company was suspected of contract fraud, and the county public security bureau put the case on file for investigation. The company believed that the public security organs used criminal means to intervene in economic disputes, which seriously damaged the legitimate rights and interests of the company, and also damaged the legitimate rights and interests of the private enterprises of the project construction team, and requested the procuratorial organ to supervise the cancellation of the case.

     [Proceedings]

In 2010, Hefei L Company undertook the landscape greening project of a county through bidding procedures. After the project acceptance, the county water conservancy bureau paid all the project funds at the audit price, but Hefei L Company insisted that the project funds should be paid at the inquiry price, with a difference of more than 100 million yuan. The two parties failed to reach an agreement for many times. The company filed a civil lawsuit with the Chuzhou Intermediate People's Court, and the court ruled that the county water conservancy bureau should pay Hefei L Company 100.37 million yuan of project funds and 25 million yuan of interest on overdue payments. The county water conservancy bureau appealed against this. In December 2018, the court of Anhui Higher People's Court decided to remand the case for retrial.

On November 7, 2018, the County Water Conservancy Bureau reported to the County Public Security Bureau that L Company was suspected of contract fraud, and the County Public Security Bureau failed to file the case after preliminary investigation. Houxian Water Conservancy Bureau applied to the procuratorate for case filing and supervision. On April 16, 2019, the county public security bureau put the case on file for investigation. April 2019 On the 29th, Chuzhou Intermediate People's Court ruled to suspend the hearing on the ground that the project involved was suspected of contract fraud, which caused L Company's arrears to be unrecoverable for a long time and seriously affected its production and operation. Later, Hefei L Company and the bid section contractor Zhu Mou lodged a complaint with the People's Procuratorate of Anhui Province, requesting supervision to cancel the criminal case, so that the court could resume hearing the original contract dispute case as soon as possible.

On September 15, 2020, the Procurator General Xue Jiangwu of the Provincial Procuratorate visited Zhu, listened to his appeal and reasons, gave personal guidance and supervision to the case, and asked the procuratorial organ of Chuzhou to speed up the handling of the case. The Procurator General of Chuzhou Municipal People's Court has listened to the case report and guided the handling of the case for many times. At the same time, the county procuratorate appointed a special person to further read the paper, called the public security case handling personnel to participate in the joint meeting of prosecutors, and studied and judged the case: the county public security bureau has not found out the basic facts of the case for more than a year, and in order to effectively protect the legitimate interests of private enterprises, it is recommended that the public security organ revoke the case.

On September 28, 2020, the county public security bureau decided to cancel the case. The next day, the county procuratorate delivered the Decision on Cancellation of Case to the complainant in person.

     Typical significance

（1） Make good use of the law "Measurement", accurately grasp the boundaries of laws and policies. The case involves private enterprises, involving up to More than 100 million yuan, involving bidding, subcontracting, actual construction and other aspects, the case is more complex. According to the investigation results of the public security organ, the procuratorial organ, after reviewing from the perspective of law and facts, believes that it does not meet the standards of criminal prosecution, and supervising the public security organ to withdraw the case is an important means for the procuratorial organ to protect private enterprises and let the case enter the civil procedure for retrial as soon as possible.

（2） Do a good job "Baton", prudently handle private economic cases. The successful and proper handling of this case benefits from the procuratorial organ The case handling mode of "integration of top and bottom, coordination and linkage, and cohesion". The chief procurator of the procuratorates at the provincial, municipal and county levels attached great importance to it, played the role of "commander in chief", personally felt the pulse, made arrangements, personally supervised the implementation, and clarified the thinking for case handling. The main leaders of the local Party committees and governments at the city and county levels of Chuzhou take the lead in person. With a strong sense of politics and the rule of law, they support the judicial organs to handle cases independently according to law, promote the cases to be handled safely according to law, and never support local economic development at the expense of the business environment.

（3） Develop well "General tone" to effectively protect the legitimate rights and interests of private enterprises. The procuratorial organs conscientiously implement the spirit of General Secretary Xi Jinping's important speech on the development of private economy For the criminal case filing part that may be involved in the case involving private enterprises, we should respond quickly, investigate deeply, and make timely decisions, so as to avoid the interruption of relevant civil proceedings due to the protracted criminal cases, which will make it impossible for private enterprises to safeguard their own interests through civil proceedings, thus affecting the subsequent development and operation of private enterprises.