Project project action bids have rigorous superintendency program, fathering to pass intelligence is among them important one link.
However, a court that not long ago of Le An county of the city that stroke a city holds bids in the activity, unexpectedly company of more than 10 constructions is suspected of using false Id, holiday to build division card to take a risk to enter close, so numerous suspect uses false papers to be belonged to in Le Anshang in same situation first.
So, why so many " plum ghost " dare take a risk to enter close?
How are they discovered again?
The reporter investigates discovery, enrol the flaw that bids the mechanism of identity examine and verify in the process and technology of examine and verify are put to become a key, scientific shot-off of loss special be necessary.
◎ article / graph trainee is easy Kang Chunhua of reporter
Le An county is communal resource trades center
Discover somebody holds false testimony to bid inadvertently
On April 12 morning, le An county is communal resource trades assemble of the poll inside hall of invite public bidding is moved, project of construction of nursery school of center of some villages and towns enrols Le An county bid the conference undertakes here.
This is a construction project that always invests many yuan 200, project floor area 1857.68 square metre, bid enterprise aptitude category and grade beard are " construction project, construction project 3 class (contain) above " , it is to registering the demand that creates division category and grade " register 2 class to build project of division, construction (contain) above " .
In spot of open sealed tenders, the construction company that comes round to bid has many 30, according to the regulation, person of invite public bidding and file of invite public bidding of staff member according to ask, undertake to sharing the staff of open sealed tenders the identity affirms.
The staff member whole journey of bureau of the happy construction that install a county participated in open sealed tenders, among them discovery of a staff member, some construction company shares the personnel id card that bid existence is unusual, this Id and other Id are compared a bit a few thinner, and the luster that reflex of stereo anaglyph design gives the Great Wall of certificate surface is relatively dim also.
Be aimed at this one circumstance, the staff member hastens call up public natural resources to trade central staff member, public natural resources trades after classics of many staff member affirms, also think, "This Id is put in forged suspicion. "This Id is put in forged suspicion..
Face doubt, this company controller appears very calm however, not only deny Id existence problem directly, still criticise the working personnel is not professional.
So, does this piece of Id have a problem after all? To clear up its truth, the staff member contacted police station of area under administration instantly, seek a help to the policeman.
Very fast, the policeman of police station of brook of a huge legendary turtle carries the happy public security bureau that install a county convenient type Id is checked implement come to the spot, the policeman tries to be used at the Id that bid to undertake couplet net is checked to this company, this Id cannot be read to take normally. The course discerns carefully, the policeman affirms: "This company is used at the Id that bid to be false testimony really. "This company is used at the Id that bid to be false testimony really..
More than 10 company uses fish false testimony
Whether is using false Id to bid an exemple only? To ensure the fairness that bid is just, the id card that the enterprise that the policeman bids to all participation offers undertook checking.
According to memory of spot staff member, hear the policeman wants id card of check of farther to all bidder nucleus, a few bidder become flurried rise. This also makes Le An county communal resource trades the seriousness that central controller senses a problem beforehand.
In action bid the spot, the policeman begins investigation quickly to obtain evidence the job, final result makes a staff member astonied: Hunt down the 11 people such as Shuai Mou to use forged id card, country in all 2 class build safe production of controller of project of company of construction of division card, building to assess certificate of conformity to participate in bid, these people involve more than 10 company.
As we have learned, suspect of so numerous crime uses false testimony to be belonged to in Le Anshang in same situation first.
That day, the happy public security bureau that install a county gives the 11 people administration such as Shuai Mou the punishment that detain. Via further investigation, examine the guilty fact of the 11 people such as solid Shuai Mou basically. On April 20, this bureau adopted criminal coercive measures to the 11 people such as Shuai Mou lawfully, outside adopting await trial of be bailed out at the guilty suspect of lactation except 1, to the others 10 people carried out criminal to detain.
Explain according to guilty suspect, use bogus id card, build safe production of controller of project of company of construction of division card, building to examine the evidence such as certificate of approval, undertake bidding on behalf of much home company, the purpose carries high school mark to lead namely.
Current, this case still is being investigated further in.
In addition, in the company that enlists project of this invite public bidding, because aptitude is unqualified related project controller,share 26 businesses or not " 3 without the proof " and be announced to abandon bid.
"Did not think of to be able to so many person holds false card, too rampant! " after the event, the staff member of bureau of the happy construction that install a county expresses, thanks to the true bogus that police station policeman takes equipment to check Id, give all and false id card very hard by staff member naked eye only otherwise identify come out.
Why to expend idea to make a holiday?
As we have learned, action bid set many superintendency link, in layer upon layer examine and undertake below whole journey monitoring. Among them a important program is, person of invite public bidding and orgnaization of representative of invite public bidding want nuclear check to bid all sorts of aptitude of the enterprise, the legal representative of the enterprise must offer Id original for checking.
So, why so many " plum ghost " dare take a risk to enter close?
In interviewing, the staff member of bureau of the happy construction that install a county discloses, participate in bid the company is offerred it is OK that these make division card check on the net. With among them a 2 class that the name is Li Mou build division card to be exemple, the information on certificate the input goes to housing and China of ministry of urban and rural construction to build division network check of aspirant travel nucleus, the information on the net is put in a 2 class that the name is Li Mou to create division really, and register building a company hold course of study.
But in fact, classics appraisal, the 2 course that the company just offers make division card is forged, li Mou's id card also is falsified.
Where is the mystery? Carry investigation, staff member discovery, hold card to attend the bidder that bid to be not cry " Li Mou " , he was forged with him photograph a piece of Id that the name is Li Mou makes division letter with 2 class. Original, can inquire on the net build division card to do not have true the photo that runs a witness, if hold false Id to add,go up so to it corresponding holiday builds division certificate to be used together, whether be built very hard by discovery false.
Why should expend idea to make a holiday so? A public figure of know the inside story that builds an industry disclosed among them facts one wishes to hide to the reporter.
Disclose according to its, enter oneself for an examination 2 class architect is conditional, must have a project kind or project economy kind record of formal schooling of above of medium specialized subject is engaged in building project project construction and administrative job completely two years of; are other and professional technical secondary school and above record of formal schooling are engaged in building project project construction management works. The personnel that does not satisfy a requirement partly relies on an enterprise to build false job to experience through hanging, with false data to take an examination signing up. After these people obtain qualificatory evidence through the exam, the enterprise often can ask its keep qualificatory card continue to hang lean. The member that should obtain qualificatory witness is not willing to continue to register company under one's name to hang when leaning, a few enterprises are met risk danger in desperation is forged build privately of division individual Id to be declared for its build division to register.
Additional, a few by hang rely on a form to acquire the staff that makes division card, they cannot reach spot of invite public bidding in time because of all sorts of reasons, to settle this kind of case, a few enterprises can cover evidence doing a holiday with photo of other staff member, imposture holds card to build division to come on the stage.
The reporter consults public information discovery, feburary 2016, jiangxi is saved build hall to ever built an enterprise to declare 2 class to build division to register practise fraud behavior to undertake saving a bulletin completely to 2. 2 enterprises are dealing with 2 class to create division for this enterprise initiative register when reaching change to register, agree without creating him division, forge make division individual id card, provide false data.
False testimony does to want hundreds yuan only on the net
On May 24, new legal system signs up for a reporter with " Id was lost, want to handle a piece of 2 acting id card " for the netizen that contacted to profess to be able to deal with false testimony on the net. The other side promises a reporter readily, weigh 200 yuan to handle a piece of id card, "With true certificate " .
In chatting process, the other side still basks in many Zhang Yi to be like for forged Id photograph, hope reporter makes a money as soon as possible.
Express to worry about this kind of false Id when the reporter by get behind when, the other side is comforted instead had a journalist, "This kind of false Id cannot be inquired by couplet net, if by interrogate when should say Id degauss only, cannot read occasionally it is normal also to take news, expression went composedly. Expression went composedly..
The other side still says, these are not true certificate, however of Gao Fang, resolution does not come out average person looks not carefully, even if be being discovered also is not what important matter.
The other side still expresses, "Safe production of controller of project of building construction company assesses certificate of conformity " , " make division card " wait to be able to do, the price from 100 yuan differ 200 yuan, flow is: After fee handling card paying on the line, need to mix photograph electron pattern plate information handling card (be like: Certificate number, name) the mailbox that uploads to be appointed to, expect customer service next information confirms on the line can, general 3 false card can be sent with express in the day.
See the reporter does not turn tardy Zhang, this netizen replies no longer the reporter's problem, play the reporter quickly black.
In interviewing, the reporter consults discovery of net of Chinese judge copy clerk, similar because forge national office certificate, use fake identity document and be found out of criminal responsibility be not an exemple, among them one part machines Cheng construction action to bid to join namely.
Lawyer: The card that use a holiday bids legal consequence is serious
As we have learned, forge certificate, use fake identity document, attribute practise fraud action, its behavior is disobeyed " criminal law " the 280th, form forge blame of national office certificate, use blame of fake identity document.
To this, jiangxi pleaseds analysis of Liu Taijin of chapter attorney office thinks, forge certificate, use fake identity document to attend action bid besides can investigate criminal duty, its behavior also was disobeyed " invite public bidding bids law " and " invite public bidding bids the law carries out byelaw " . According to the regulation: "Bidder bids with other name or win the bid with diddle of other way practise fraud, win the bid invalid; makes crime, find out criminal responsibility; to still do not make crime lawfully, according to " invite public bidding bids law " fiftieth 4 formulary punishment. Bidder did not win the bid, bid according to invite public bidding of according to of amount of contract of project of invite public bidding to the amerce amount of the unit the scale of doctrine regulation is calculated. Bid according to invite public bidding of according to of amount of contract of project of invite public bidding to the amerce amount of the unit the scale of doctrine regulation is calculated..
In addition, liu Taijin returns a proposal, make division card fair show, the information that can consider a relevant personnel is public show a bit more in the round, for instance photograph along with all the others fair show, put an end to the fluky psychology of the person that make a holiday. In stem while certificate examines leak, still can make clear inside announcement of invite public bidding, "Every is in process of invite public bidding practise fraud, collude with what diddle wins the bid to bid bail does not grant to return each other " , bid in order to increase the illegal cost of the enterprise.
Jiangxi is saved establish office response of relevant section clerk says, later period will upgrade further public natural resources trades platform, realize public natural resources to trade whole journey electron is changed, superintendency intelligence is changed. Deploy advanced Id to identify a system, no matter be bidder or commissioner, enter spot of open sealed tenders to must brush Id nucleus check, stem thoroughly on the technology thereby the identity creates false loophole, realize Id and the news that make division card to compare right, discover practise fraud act in time.
According to the data of net of Chinese judge copy clerk, forge national office certificate to participate in bid will be punished by criminal.
Exemple
Shandong saves court of people of the division austral Qingdao city town
Criminal judgment
(2014) south the word at the beginning of punishment the 198th
Shandong of public prosecution mechanism saves procuratorate of people of the division austral Qingdao city town.
Wang Mou of the accused person, fasten Qingdao legal representative of limited company of engineering of holy female environment. Forged blame of national office certificate, seal because of be suspected of making on September 27, 2013, collude with bid the blame is detained, of the same age will be arrested on November 1. Show the 3rd detention house of town of island of detain Yu Qing.
Paraclete Ding Moxing, shandong blue sky becomes attorney office lawyer.
Liu Mou of the accused person, fasten Qingdao worker of limited company of engineering of holy female environment. Forged blame of national office certificate, seal because of be suspected of making on September 27, 2013, collude with bid the blame is detained, of the same age will be arrested on November 1. Show the 3rd detention house of town of island of detain Yu Qing.
Paraclete Lin Jianguo, shandong blue sky becomes attorney office lawyer.
Procuratorate of people of the division austral Qingdao city town appeals to with public punishment of the check austral blueness [2014] Wang Mou of person of the accused of 175 indictments accusation forges blame of national office certificate, seal, collude with bid blame; Some makes Liu of the accused person forge blame of national office certificate, collude with bid blame, on May 5, 2014 to this academy to sue. This academy comprises collegiate bench lawfully, open open a court session heard this case. Procuratorial work of representative of assign of procuratorate of people of the division austral Qingdao city town member Chan Ting appears in court supportive public prosecution, liu Mou of person of Wang Mou of the accused person and its paraclete Ding Moxing, the accused and its paraclete Lin Jianguo join suit to front courtyard. Already tried now terminative.
Wang Mou of person of the accused of accusation of public prosecution mechanism is managing Qingdao during limited company of engineering of holy female environment, to make company can qualified the court that joins concerned project project bids activity, come from January 2007 in July 2013, forged in succession " professional technical position holds a post qualificatory certificate " , " card of motor vehicle travel " etc certificate and " government of Qingdao city Bureau of Finance purchases supervisory management to be in " , " title of bureau of Qingdao town occurrences in human life reforms special rule " , " enterprise of management center of fund of insurance of a mountainous area society of Qingdao city Lao is safe and special, and 2013 6, between July, let unit accountant Liu Mou hold afore-mentioned forging certificate and build have the document that falsifies seal, collude with Qingdao new art circles again the unit of estate of person of the same trade such as limited company of municipal park group, attend " Qingdao city urban and rural program reveals a center to change lawn and greenbelt conserve " the action of the project bids the activity wins the bid finally. The amount of mark did not grant to make clear. Public prosecution mechanism thinks Wang Mou of the accused person forges national office certificate, seal to form with going up blame and collude with bid blame; Some behavior of Liu of the accused person is formed forge national office certificate blame and collude with bid blame, refer witness king to give birth to thunder, Wang Ning, Wang Lun east, contract of construction of project of the attestation of the person such as garden of Mazongdi, Chen Jun, Qu Weiliang, Li Jian course of study, Zhou Yuan, concerned construction.
Wang Mou of the accused person accuses to above of public prosecution mechanism and consentient, say oneself committed a kind of crime only apologetically.
Paraclete puts forward, collude with to accusing Wang Mou makes the accused person bid blame and the fact that falsified card of motor vehicle travel not dissent; But the accusation of certificate of office of other to forging country and seal, because collude with the embroil relation that bids the blame is put on cause and effect with what accuse subsequently,think, should bid in order to collude with blame one blame convictions punishment; And ought to be according to the guilty clue of this case inside limits of 3 years of the following set term of imprisonments measurement of penalty can proclaim probation.
Liu of the accused person accuses a fact some pair not dissent.
Paraclete argue says, two charge that to the accused person Liu Mou charges all consentient, put forward to ought to make with embroil only to its " choose one felonious punishment " , think Liu Mou belongs to accessary criminal, first offence at the same time, admit one's guilt the mood is good, be willing pay fine, have legal to drink decided light punishment clue, the proposal sentences set term of imprisonment of 8 months less than to its.
This academy thinks, wang Mou of the accused person as company controller, corresponding competence is gained in bidding about the action of project project to make the company can be in etc manufactures management activity, and use forge national office certificate, seal to wait for beguiling sex method, with its he attends bidder ill will to collude with, enough harms interest of person of invite public bidding, should belong to a clue serious, form respectively forge national office certificate, seal blame and collude with bid blame. Be based on its apparent embroil concerns between behavior and purpose, principle of according to criminal law ought to choose one felonious punishment, punish with forging blame of national office certificate, seal to conviction namely. Liu Mou of the accused person is participated in collude with bid, its behavior is formed collude with bid blame, because be accessary criminal, and the plot is smaller, do not need to sentence penalty lawfully. Person of 2 the accused offers the crime that state place to go according to the facts to case hind, can punish lightly lawfully, liu Mou of the accused person did not forge the certificate of national office, seal, also did not participate in beforehand conspire, do not form the accomplice that forges blame of national office certificate, accuse at this point to public prosecution mechanism, do not grant to support. To the accused person Wang Mou's paraclete puts forward what should bid the blame is punished in order to collude with to conviction opinion, do not grant to adopt, other defends the opinion can support. About the apologetic opinion of paraclete of Liu Mou of the accused person, can adopt. According to " criminal law of People's Republic of China " the 280th the first paragraph, the 223rd, the 26th the first, the 4th, the 27th, the 72nd the first, the 73rd the 2nd, the 3rd, the 67th, the court decision is as follows:
Some makes king of the accused person forge blame of national office certificate, seal, sentence a set term of imprisonment 10 months.
(the computation since the day that term of imprisonment executes from the court decision, the court decision carries out what go ahead of the rest detains before, detain is folded one day reach prison term one day. Come to stopped on July 26, 2014 since September 27, 2013 namely. )
Some makes Liu of the accused person collude with bid blame, avoid grant criminal punishment.
If refuse to obey,adjudicate originally, can be in since the 2nd day when receive report inside 10 days, perhaps save court of Qingdao city intermediate people to put forward to appeal to Shandong directly through this academy. Of written appeal, ought to submit reserved copy of petition for appeal, carbon 2.
Presiding judge Deng Peng
People juror Zhao Lian
People juror Song Aili
Two years on June 6
Clerk king red
Note: The area leaves a message to look for work to work for the worker after the article, the boss seeks a worker share platform
