The cover article of Procuratorial Daily Voice Weekly on June 13, 2022
NPC deputies provided a clue: a company's cross provincial investment cost nothing, and the partner was suspected of setting up a bureau to transfer the guarantee property. The Supreme People's Procuratorate attached great importance to it and submitted it to the Anhui Provincial Procuratorate for verification. Under the supervision of several representative members, the three level procuratorial organs in Anhui Province cooperated with the people to perform their duties——
Original title
Dispel the clouds and fog to find the hidden truth
Our reporter Wu Yihuo
The parties maliciously colluded to forge evidence and fabricate facts to bring a lawsuit, defrauded the court mediation statement and judgment, and seriously violated the rights and interests of a private enterprise of a third party. After receiving the clues from the Supreme Procuratorate Office, the Anhui Provincial Procuratorate gave full play to the advantages of the three-level procuratorial organ integration mechanism, and realized the synchronous promotion of criminal accountability, civil judgment error correction and recovery of stolen goods and losses through internal and external cooperation and criminal and civil cooperation.
"Under the guidance of Xi Jinping's thought of rule of law, the Supreme People's Procuratorate and the Anhui Provincial Procuratorate have done their utmost to effectively safeguard the judicial authority and the legitimate rights and interests of the murdered private enterprises." Huang Meimei, deputy to the National People's Congress and commissioner of the General Department of Zhejiang Daoming Optics Co., Ltd Affirm the effectiveness of case handling.
On June 15, 2021, the main person in charge of the Sixth Procuratorial Department of the Anhui Provincial Procuratorate went to Yongkang, Zhejiang, to feed back the progress of the case to Huang Meimei (second from the left), the NPC representative, and listen to the opinions and suggestions of the representatives and the murdered units.
The NPC delegates transferred the clues involved in the case
In 2015, a company in Zhejiang invested 56.81 million yuan, accounting for 51% of the shares, in an Anhui energy technology company actually controlled by Cao Moufang. An Anhui auto parts company and an automation engineering company actually controlled by Cao Moufang guaranteed the investment. Due to the poor management of energy technology companies, a company in Zhejiang soon ran out of funds.
In May 2016, Zhao Moufeng, an employee of an automobile parts company in Anhui, sued an automobile parts company in Anhui to the Baohe District Court in Hefei City for the reason of a private loan dispute, and asked the court to order the company to repay the principal and interest of the loan amounting to 16.868 million yuan. Zhao Moufeng claimed that an Anhui auto parts company borrowed a total of 11.6 million yuan from it in four times due to business turnover needs, but failed to repay and pay interest as agreed. The next day after accepting the case, Zhao Fengfeng Court applied for litigation preservation, and Baohe District Court ruled to freeze the bank account deposit of the auto parts company, and asked Hefei Intermediate Court to seal up the case enforcement fund of the auto parts company in the court, which was 16.868 million yuan.
On June 16, 2016, under the auspices of the court, Zhao Moufeng reached a mediation agreement with an Anhui auto parts company. The civil mediation statement confirmed that an Anhui auto parts company owed Zhao a total of 16.6 million yuan in loan principal and interest, and agreed to pay off the loan in a lump sum before June 23, 2016. When the company failed to fulfill its repayment obligation when it was due, Zhao applied to the court for compulsory execution. On August 17, 2016, Zhao received more than 12.55 million yuan from the court for the execution target.
In April 2017, Pan Mouhui filed a civil lawsuit with the Hefei Intermediate Court, requesting an Anhui auto parts company and Cao Moufang to repay the loan principal of 23 million yuan and interest of 9.49 million yuan, which was supported.
In 2019, upon the application of a company in Zhejiang, the court of Feixi County in Hefei ruled to liquidate an automobile parts company in Anhui. In bankruptcy liquidation, Pan Mouhui declared his creditor's rights. A company in Zhejiang believed that the judgment on which his creditor's rights were based was obtained through a false lawsuit, and asked the court not to confirm it. Feixi County Court and Hefei Intermediate Court ruled to dismiss the lawsuit. In April 2020, the Anhui Provincial High Court ruled to reject the retrial application of a company in Zhejiang.
A company in Zhejiang had no choice but to report the clues of Cao Moufang and others suspected of false litigation to the procuratorial organ through Huang Meimei, a representative of the National People's Congress of Zhejiang Youth League. On April 20, 2020, the Supreme People's Procuratorate transferred the clue to Anhui Provincial Procuratorate for verification. The Sixth Procuratorate Office of the Supreme People's Procuratorate arranged special personnel to strengthen guidance and supervision.
Investigation and verification found that there was something fishy
After receiving the clues of Cao Moufang and others suspected of false litigation, the False Litigation Group of the Sixth Procuratorate Department of the Anhui Provincial Procuratorate contacted Huang Meimei at the first time. Huang Meimei suggested that the procuratorial organ investigate and verify a company in Zhejiang, and increase the punishment of false lawsuits. At the same time, the case handling team assigned a special person to guide the Fifth Procuratorate Department (Civil Procuratorate Department) of Hefei Municipal Procuratorate to conduct a preliminary investigation of the facts involved.
On the basis of preliminary inspection, The Anhui Provincial Procuratorate set up a special case team headed by Li Weidong, Deputy Procurator General of the Provincial Procuratorate, and transferred business backbones from the civil and criminal procuratorial departments of the provincial, Hefei, and Baohe District procuratorates to participate, clarifying the division of responsibilities and investigation plans 。 Subsequently, the special case team obtained the original trial files and other relevant materials from Hefei Intermediate Court and Baohe District Court on the two civil cases involved, determined the direction of investigation, and sorted out the bank records and other written evidence to be investigated. On May 20, 2020, the project team sent personnel to a company in Zhejiang to learn about the situation, obtain evidence and listen to opinions. For a large number of bank transactions of companies and individuals involved in the case, such as an Anhui auto parts company and Zhao Moufeng, which were transferred from several banks in the province, the special team worked overtime to sort out and judge, and verified that the bank transactions submitted by the parties in the original trial proceedings were abnormal, the identity of the parties was related, and the execution funds were transferred abnormally.
After verification, the procuratorial organ found that in May 2016 and April 2017, in order to avoid debt, Cao Moufang transferred the assets of an automobile parts company in Anhui, in collaboration with Zhao Moufeng, Shao Moujing, Li Mou, Pan Mouhui, etc., fabricated the creditor's rights and debt relationship by deliberately intercepting the bank statement, forging the IOU and the power of attorney. Zhao Moufeng Pan Mouhui brought a lawsuit to Hefei Baohe District Court and Hefei Intermediate Court with a loan dispute, demanding an Anhui auto parts company and Cao Moufang to pay the principal and interest of the loan. After the court of Baohe District, Hefei decided that Zhao had won the lawsuit, on August 23, 2016, the execution fund of more than 5.55 million yuan was transferred to Zhao's account. On the same day, Zhao Moufeng transferred more than 5.55 million yuan into Cao Moufang's account three times. Later, upon Zhao's application, Baohe District Court transferred 7 million yuan to Pan's account, which was actually owned by Li.
Hang a sign to supervise and punish the perpetrators severely
According to the verification of the task force, two loan dispute cases involving Zhao Moufeng and Pan Mouhui may be suspected of false litigation criminal offences. In view of the fact that this case is a trans provincial private enterprise investment rights and interests protection case transferred from the highest procuratorate to the provincial public security department, on August 10, 2020, the Anhui Provincial Procuratorate transferred the criminal clues of this case to the provincial public security department, and asked for joint listing and supervision, which was strongly supported by the public security organ. On August 14 of the same year, the Anhui Provincial Procuratorate and the Provincial Public Security Department decided to jointly list and supervise the case, and sent a notice of supervision to the Hefei Municipal Procuratorate and the Hefei Municipal Public Security Bureau, requesting the Hefei Municipal Public Security Bureau to set up a special team to clarify the responsibility for solving the case; Hefei Procuratorate should do a good job in early intervention guidance, case review, arrest, prosecution and other work, and strengthen the legal supervision of the effective civil judgments and property disposal of the courts involved.
Subsequently, the special case team of the Anhui Provincial Procuratorate took the initiative to dock with the Hefei Public Security Bureau to transfer the criminal clues and relevant evidence materials as soon as possible, and held joint meetings with the public security organs for many times to guide the investigation and evidence collection. After the case was filed by the public security organ, the case was quickly solved, and the main criminal suspect confessed to the criminal facts of the false lawsuit. On October 15, 2020, Cao Moufang and other three people were approved to be arrested, and the other two were released on bail. During this period, the special case team requested the territorial procuratorial organ to start the supervision of civil effective judgments in a timely manner.
On January 7, 2021, the Baohe District Procuratorate of Hefei City filed a public prosecution to the Baohe District Court against Cao Moufang, Zhao Moufeng, Shao Moujing, Li Mou and Pan Mouhui, who were suspected of false litigation. In the stage of review and prosecution, except for Cao Moufang, Zhao Moufeng and other four people pleaded guilty and signed a written statement. During the trial of the case, Cao Moufang and Li Mou will refund the total amount of more than 12.55 million yuan obtained through false litigation.
On April 9, 2021, the Baohe District Court made a judgment of first instance on the case, adopted the charges and sentencing suggestions of the procuratorial organ, and determined that five defendants, including Cao Moufang, had filed a civil lawsuit with fabricated facts, obstructing the judicial order, and their acts constituted a crime of false litigation, Five defendants were sentenced to fixed-term imprisonment ranging from two years, ten months to six months, all of which were suspended, and a fine ranging from 50000 yuan to 5000 yuan was also imposed 。
On September 9, 2021, the Hefei Intermediate Court will retrial the case of Pan Youhui suing an Anhui Auto Parts Co., Ltd. and Cao Youfang for repayment of loan principal and interest. The figure ① shows the prosecutor appearing in court to support the protest.
Protest supervision and correction of civil judgment
During the handling of criminal cases, the supervision of procuratorial organs on the effective judgments of two civil cases was also promoted as a whole.
Under the guidance of the Anhui Provincial Procuratorate, on December 31, 2020, the Procuratorate of Baohe District, Hefei City, raised a retrial and procuratorial proposal to the Baohe District Court on the case of a private loan dispute between Zhao Moufeng and an automobile parts company in Anhui Province. It believed that the civil dispute between the two parties was a fiction, and conducted false mediation during the trial to defraud the civil mediation statement, which damaged the national interests and social and public interests, It shall be corrected according to law. On March 23, 2021, the Baohe District Court replied by letter that the relevant evidence was criminal evidence without cross examination.
After receiving the reply from the court, the Baohe District Procuratorate, upon examination, considered that the reasons for the Baohe District Court's failure to adopt the procuratorial recommendations were improper, and submitted a protest to the Hefei Municipal Procuratorate. On May 7 of the same year, the Hefei Procuratorate filed a protest to the Hefei Intermediate Court after examination. Subsequently, Hefei Intermediate Court made a civil ruling and ordered Baohe District Court to retry. On August 19, 2021, the Baohe District Court made a retrial judgment, adopted the supervision opinion of the procuratorial organ, ruled to cancel the original civil mediation statement, and rejected Zhao's claim.
On May 12, 2021, the Anhui Provincial Procuratorate filed a protest to the Provincial High Court for retrial according to law against the case of Pan Mouhui's private lending dispute with an Anhui auto parts company and Cao Moufang. In order to ensure more accurate and standardized case handling, the Anhui Provincial Procuratorate took the initiative to report the progress of case handling and review opinions to the Supreme People's Procuratorate on March 18. The Sixth Procuratorate Office of the Supreme People's Procuratorate organized a special person to review and agreed with the review and handling opinions of the Supreme People's Procuratorate.
On June 4, 2021, Anhui Provincial High Court made a civil ruling and instructed Hefei Intermediate Court to retry the case. On September 17 of the same year, the Hefei Intermediate Court held in the retrial that the effective criminal judgment had determined that the lawsuit in this case constituted a false lawsuit, and imposed corresponding penalties on Cao Moufang and others. According to the relevant provisions, it should rule to dismiss the lawsuit, so it made a civil retrial ruling, rescinding the original civil judgment of the court, and rejecting Pan Mouhui's lawsuit.
As for the retrial ruling made by the Hefei Intermediate Court, The Anhui Provincial Procuratorate believed that there was a clear error in the application of the law in the ruling, that is, the relevant provisions should not be applied to civil cases that were found to be false lawsuits, and the ruling should be adopted to reject the plaintiff's claims On December 13, 2021, he again lodged a protest to the Anhui Provincial High Court. On April 12 this year, the Anhui Provincial High Court held that the protest opinion of the procuratorial organ was fully justified and should be adopted after retrial. The case should be tried in entity, so it ruled to revoke the retrial civil ruling of Hefei Intermediate Court and ordered Hefei Intermediate Court to try again. At present, the Hefei Intermediate Court has filed a case and the trial is in progress.
On September 9, 2021, the Hefei Intermediate Court will retrial the case of Pan Youhui suing an Anhui Auto Parts Co., Ltd. and Cao Youfang for repayment of loan principal and interest. The figure ② shows Liu Li (second from the right in the front row) and Li Xiangbin (first from the right in the front row), two deputies to the National People's Congress, Zhou Shihong (second from the left in the front row), a member of the National Committee of the Chinese People's Political Consultative Conference (CPPCC), and a deputy to the Anhui Provincial People's Congress and a member of the CPPCC were invited to attend the trial.
Accept full supervision in case handling
The NPC deputies' initiative to provide procuratorial organs with clues to handling cases is both trust and supervision. The person in charge of the Sixth Procuratorial Department of the Anhui Provincial Procuratorate told reporters that since the court accepted the case for more than two years, the task force has implemented the relevant suggestions put forward by Huang Meimei one by one. In the meantime, members of the special case team contacted Huang Meimei by phone several times to report the progress of the case, the main methods and results of handling the case.
On June 15, 2021, the principal of the Sixth Procuratorial Department of the Anhui Provincial Procuratorate, together with his colleagues in charge of the liaison work of the representative members, went to Yongkang City, Zhejiang Province, to give Huang Meimei a face-to-face feedback on the handling of the case, introduce the overall situation of the provincial procuratorate's supervision of false litigation, and listen to the opinions and suggestions of the representatives. Huang Meimei thanked the Anhui Provincial Procuratorate for its attention to the suggestions of the NPC deputies and the hard work of the procuratorial police, and fully affirmed the practice and effectiveness of the special case team in handling the case.
"The handling of this case has shown me that the procuratorial organ has promoted all parties to strengthen the punishment and prevention of false litigation, and has effectively cracked down on the criminal activities of false litigation for the purpose of illegal possession." On June 25, 2021, Huang Meimei sent a long text to the prosecutor through WeChat to express her gratitude to the Supreme People's Procuratorate and Anhui Provincial Procuratorate 。 She also said on WeChat that following the law is not enough for itself. In case handling, the Anhui Provincial Procuratorate strictly implemented the important deployment made at the Fourth Plenary Session of the 18th Central Committee of the Communist Party of China to "strengthen the punishment of false litigation, malicious litigation, and unreasonable prosecution", and in a real sense, it has achieved a fair and just justice. This case can be popularized nationwide as a typical case.
In addition to Huang Meimei, the Anhui Provincial Procuratorate also actively invited other representative members to supervise the case handling process. On September 9, 2021, the Hefei Intermediate Court held a retrial hearing on the case of Pan Youhui suing an automobile parts company in Anhui and Cao Youfang repaying the principal and interest of the loan. The Anhui Provincial Procuratorate invited Liu Li, Technical Director of Liu Li Health Consulting Center in Shushan District, Hefei, Li Xiangbin, Deputy Director of the Customer Service Center of Hefei Public Transport Group Co., Ltd., two deputies to the National People's Congress, Zhou Shihong, member of the National Committee of the Chinese People's Political Consultative Conference and vice chairman of the Anhui Lawyers Association, as well as some deputies to the Anhui Provincial People's Congress and members of the Provincial Committee of the Chinese People's Political Consultative Conference. After the hearing, the court held a forum for soliciting opinions, introduced the handling of false litigation cases of Cao Moufang and others to the representative members, and listened to opinions and suggestions. Li Ping, the second level senior prosecutor of the Sixth Procuratorate Office of the Supreme People's Procuratorate, attended the trial and participated in the forum 。
On September 9, 2021, after the retrial hearing of Pan Mouhui v. An Anhui Auto Parts Co., Ltd. and Cao Moufang's repayment of loan principal and interest was completed, the Anhui Provincial Procuratorate held a symposium to introduce the handling of the false lawsuit case of Cao Moufang and others to the representative members attending the hearing of the case, and listen to the opinions and suggestions of the representative members. Li Ping, the chief prosecutor of the Sixth Procuratorate Office of the Supreme People's Procuratorate, attended the meeting to guide comments.
On behalf of the members, they expressed their appreciation for the procurators' performance in court, gave full recognition to the procuratorial organs of Anhui Province for giving full play to the advantages of integration and continuing to carry out special supervision of false litigation, and put forward suggestions from aspects such as increasing the investigation and prevention of false litigation, expanding the depth of law popularization, deepening relevant theoretical research, and establishing and improving the linkage mechanism of punishment and prevention of false litigation.
Li Weidong, Deputy Procurator General of the Anhui Provincial Procuratorate, said that he would transform the opinions and suggestions of the representative committee members into practical measures to strengthen the civil procuratorial work in Anhui. Taking the handling of the case as an opportunity, he would promote the joint special action with the relevant judicial authorities to combat false litigation, form a joint force to combat, and at the same time, pursue the ultimate idea to continue to track and follow up the follow-up work of the case.
