Source: Legal Daily
Yu Jin, a female real estate developer, was wanted, arrested, detained, tried and later acquitted during reporting Zhou Yinxiao, the former secretary of the municipal party committee of Fushun City, Liaoning Province. After twists and turns, the dust finally settled. This case has attracted wide attention from relevant departments of Liaoning Province and leaders of Fushun City. The reporter learned today that Yu Jin did not appeal after being acquitted by the court of first instance. The protest filed by the original public prosecution agency was withdrawn by the Fushun Municipal People’s Procuratorate on August 15 this year, and the Fushun Intermediate People’s Court made a ruling on August 21 to allow the withdrawal of the protest. The relevant departments of Fushun City are investigating the truth of Yu Jin’s criminal investigation.
The first-instance judgment of the court was withdrawn by the municipal procuratorate in protest of the innocent district procuratorate.
On June 21st this year, the court in wanghua district, Fushun, made a first-instance judgment of acquittal against the female developer Yu Jin. The judgment holds that the prosecution accused the defendant Yu Jin of being the person to be executed, and refused to execute it if the circumstances were serious and the evidence was insufficient. The defendant Yu Jin was accused of refusing to execute the judgment or ruling, and the charge was not established. Defendant Yu Jin argued that the opinion that he didn’t know about the seizure when transferring the vehicle was consistent with the facts found in the trial and was adopted. His defender believes that the defense opinions accusing the defendant Yu Jin of refusing to execute the judgment, unclear facts and insufficient evidence are consistent with the facts found in the trial and should be adopted.
Yu Jin did not appeal against the judgment of the court of first instance, but the wanghua district Procuratorate of Fushun City, the original public prosecution agency, protested on June 26th, five days after the judgment of first instance. According to the protest, the defendant Yu Jin refused to carry out many effective judgments and rulings of the people’s court, which has reached the point that the circumstances are serious, the facts of the crime are clear, the evidence is true and sufficient, and he was convicted. Wanghua district People’s Court (2006) Fu Wang Chu Zi No.224 criminal judgment declared the defendant Yu Jin innocent because of insufficient evidence, which was obviously wrong.
In the process of hearing this protest case, Fushun Intermediate People’s Court held that wanghua district Procuratorate had improperly protested, and on August 15th, 2007, it filed a withdrawal protest with Fushun Intermediate People’s Court in the form of the decision to withdraw the protest (No.5 (2007)). On August 21, 2007, Fushun Intermediate People’s Court ruled that Fushun City Procuratorate was allowed to withdraw its protest.
The criminal investigation originated from a relocation dispute, which should not have been accepted by the military production court.
The criminal investigation of Jin originated from a lawsuit caused by a house relocation dispute. In this case, more than ten households, such as former Fushun County traffic police Zhang Shaoqian, sued Liaoning Overseas Guangsha Real Estate Development Co., Ltd., with Yu Jin as the chairman, to Fushun Shuncheng District Court for relocation and resettlement. All these lawsuits ended in the failure of Liaoning Overseas Guangsha Real Estate Development Co., Ltd..
Yu Jin was dissatisfied with the result of losing the case, so she always complained. She believes that these cases have wrongly identified the facts of the case and wrongly applied the law. For example, such cases are not under the jurisdiction of the court; These households had houses elsewhere at that time, which did not meet the conditions for resettlement.
The reporter learned during the interview that the case involved military products, and the court should not accept it according to relevant regulations. Shuncheng District Court also mentioned in a "Statement of the Situation" written to Fushun Intermediate People’s Court on December 25, 2000 that according to the relevant regulations of Liaoning Higher People’s Court, the court should not accept the case. However, the Shuncheng District Court not only accepted it, but also made a judgment.
After that, on August 8, 2003, the Supreme People’s Court made a special reply to the request of the Higher People’s Court of Liaoning Province for instructions on such cases, clearly stating that "if a party brings a lawsuit for this reason, it shall not accept or reject the lawsuit according to law, and may inform it to apply to the relevant department for settlement".
The core of the dispute in this case is whether more than ten households such as Zhang Shaoqian should be relocated. According to the provisions of the handling opinions on the demolition of military housing issued by Fushun Municipal Government at that time: "Households with complete three certificates and housing allocated elsewhere shall not be resettled in principle, but if there are indeed many children and there is not enough room, they shall be solved by their children’s units. If the units cannot solve them, they shall be solved by their parents’ units." According to the survey, more than ten households, such as Zhang Shaoqian, have houses elsewhere, which are not the resettlement targets.
As soon as these lawsuits happened, Yu Jin felt very abnormal and there were signs of manipulation. Yu Jin introduced that a relative of one of the parties was in the Shuncheng District Court, and the judge was handling the case during the trial and execution. Therefore, in the lawsuit, Liaoning Overseas Guangsha Real Estate Development Co., Ltd. requested Shuncheng District Court to withdraw, but it was rejected. Especially during the execution of this case, on December 21st, 2001, nine people, including Qi Guowen, held a letter of introduction from Shuncheng District Court and published a reward announcement. On May 9, 2002, the parties Qi Guowen and Ma Guiwen went to the industrial and commercial authorities to learn about the registration of Liaoning Overseas Guangsha Real Estate Development Co., Ltd. with a letter of introduction stamped with the official seal of Shuncheng District Court and printed with the words of investigation certification materials of Fushun Suburb People’s Court of Liaoning Province.
Liaoning Overseas Guangsha Real Estate Development Co., Ltd. is a limited liability company. According to the provisions of the company law, shareholders will no longer be jointly and severally liable for the company’s debts if their registered capital is invested in place. However, the Shuncheng District Court added Yu Jin, a shareholder of the company, as the executor, and sealed up, frozen and detained Yu Jin’s private property.
The case of being wanted and detained after reporting Zhou Yinxiao has attracted the attention of Liaoning Province and Fushun City.
During Jin’s reporting to Zhou Yinxiao, the former secretary of Fushun Municipal Party Committee, the development of the case was even more eye-catching. On May 8, 2005, Yu Jin was wanted online by Shuncheng District Public Security Bureau of Fushun City, Liaoning Province. On the column of "Case Category" in the "Information Registration Form of Fugitive Persons", it is written: Refusing to execute the judgment or ruling case is related to the underworld. Also wrote in the column of "escape type": criminal detention at large. On October 6, 2005, Yu Jin was criminally detained by Shuncheng District Public Security Bureau on suspicion of refusing to execute the judgment or ruling. During Jin’s detention, on July 3, 2006, Shuncheng District Court auctioned all the necessities and houses of Yu Jin and his son. When Yu Jin was arrested, it also led to the detention of an Audi luxury car under the name of Zhu, an outsider borrowed by Yu Jin.
Yu Jin told reporters: "It is gratifying that the relevant departments of Liaoning Province and the leaders of Fushun City attached great importance to this case. Zhou Zhongxuan, secretary of Fushun Municipal Party Committee, gave important instructions. Wang Shuya, member of the Standing Committee of Fushun Municipal Committee and secretary of the Political and Legal Committee, personally understood the case, and the relevant departments are investigating all the facts of the case. On August 16, Yao Feng, a former member of the leading group for the transformation of military products and director of the Municipal Letters and Calls Office, personally found me to verify the situation. "
Yu Jin said, I’m not suing for myself, because I know that all these problems are only caused by a few people. If these black sheep are not removed, the public image and development environment of Fushun will be seriously affected.
She finally told reporters that one day the whole truth would come out. By that time, I will, as always, actively join the ranks of Fushun construction team and do my part for Fushun’s economic development. (Huo Shiming)
Editor: zhangxin