(original title: Chongqing one man is pointed to to maul inform against a person, police: Already carried out arrest, detect does)
The nose bone of Chongqing person He Changqiu is hit fracture, the person that lays him calls Nie Zhangtian.
Two people ever were shoppy partner. Since 2014, he Changqiu begins to inform against Nie Zhangtian to violate guilty clew. This year on May 27, he Changqiu is in Chongqing city village of county of blue lake of two rivers new developed area suffers Nie Zhangtian beat up.
He Changqiu says, he suffers Nie Zhangtian beat up, because real name is informed against,be make reprisals after Nie Zhangtian by the other side.
Staff member of substation of two rivers new developed area told Chongqing city public security bureau insurgent news on August 7, police already was carried out to Nie Zhangtian arrest. Current, the case is doing in farther detect in.
The He Changqiu that is mauled. Article picture all is offerred to suffer the person that visit (except outside signing)
Be hit to send nose bone fracture
He Changqiu is beaten up by Nie Zhangtian inside village of blue lake county.
This year He Changqiu of 56 years old is Chongqing all things is become industrial (group) limited company partner. He Changqiu says, 2009, below the friend's introduction, he knew estate of Chongqing wide field to develop field of Niezhang of limited company legal representative, two people ever had had collaboration on the business.
"I park the car in roadside at that time, nie Zhang Tianxian is the car that plays me, I put down car window he is hit toward my head, bridge of the nose. " He Changqiu says, mix abusively suddenly after beating up, he is dialed 110 call the police. Receive alarm hind, policeman of police station of golden hill of substation of public security of two rivers new developed area hurries to the spot to deal with, niezhang cropland is controlled after.
The CT that He Changqiu offers diagnoses report sheet
Sheet of diagnostic report of radiative division CT shows the first accessary hospital of army Military Medical University, (He Changqiu) nose bone fracture, nasal septum slants music. In addition, he Changqiu's head and arm are in parenchyma to get hurt more.
By public security of two rivers new developed area substation makes one when He Changqiu offers " appraisal opinion advice note " carry bright, scathing rate of He Changqiu belongs to flesh wound 2 class.
Police issue " appraisal opinion advice note " .
Doubt land contest is patted put " feline be bored with "
Why should Nie Zhangtian maul He Changqiu?
The change in He Changqiu and Chongqing lights gas to rehear of dispute of contract of limited company of development of estate of wide field of limited company, Nie Xiaomeng, Xiao Yiqin, Nie Zhangtian, Chongqing is examined and try supervise civil ruling book. Cut of net of juridical copy clerk pursues
Net of juridical copy clerk shows, he Changqiu and dispute of Nie Zhangtian and contract of its company presence. He Changqiu refuses to obey the civil court decision that court of the 5th intermediate people makes Chongqing city, to procuratorate of Chongqing city people the 5th branch department applies for to supervise. After counterappeal of procuratorate of Chongqing city people, court of Chongqing city senior people made civil ruling on November 24, 2017, arraign this case.
He Changqiu says, because,Nie Zhangtian hits him is not before relate civil issue, because,also not be other contradiction, hit retaliation however he: "Because I inform against him,when Nie Zhangtian hits me, ever saying is, I did not admit at that time. He says others inform against material to take him to look, the name that has me and telephone call still are written above. The name that has me and telephone call still are written above..
Whether is because He Changqiu informs against him to just maul its,Nie Zhangtian? Staff member of substation of public security of two rivers new developed area expresses, procuratorial work mechanism already was approved arrest Nie Zhangtian, this bureau already was carried out arrest. Current, the case is doing in farther detect in, inconvenience of of short duration discloses particular details of a case.
The thing that He Changqiu informs against happened in October 2011, involve big Yang Shi of area of 9 dragon slope to form a delegation plot of Q partition E5-6/04 (the following abbreviation " 04 plot " ) the sell one's own things of land.
According to natural resources of Chongqing city land and building management board (the following abbreviation " bureau of Chongqing city land " ) issuance state-owned land access makes public announcement of announcement sell one's own things (canal of change land room announces a word [2011]40 date) , the area of 04 plot is 15695 square metre, fixed number of year of sell one's own things is 50 years, land utility is " housing of other general goods uses the land " , bail is 21.66 million yuan; One column shows remarks, ? Announcement of ground of this an administrative unit in Xizang is initial valence 108.3 million yuan, program use uses the land to live 2 kinds, can establish an area most 51435 square metre.
This announcement still shows, open sell one's own things presses state-owned land access according to the set price is high person the principle is affirmatory alienee; Hand in bid, the cut-off that contest buys security time is in those days on October 24 12 when.
Information of bureau of Chongqing city land makes public a data to show, of the same age on December 15, this bureau announces result of sell one's own things of 04 plot land: On October 28, chongqing makes the same score limited company of family name science and technology to get this lot with 109 million yuan of contest.
That is to say, of plot of this an administrative unit in Xizang clinch a deal valence compares initial price tower above 700 thousand yuan.
Information of state enterprise credit is public show a system to show, limited company of science and technology of Chongqing smooth family name (the following abbreviation " company of smooth family name " ) held water 2001, the legal representative is smooth dimension, scope of operations includes estate to develop (by aptitude card hold course of study) .
Of the same age on December 20, bureau of Chongqing city land and company of smooth family name sign number to be " change ground (2011) combine a word (9 areas) 293 " " state-owned construction uses contract of ground access sell one's own things " .
He Changqiu did not attend this contest to pat, he Changqiu understands later, ping Weina arrives after 04 plot, hit 4 million yuan of RMB to Nie Zhangtian. He Changqiu says, this two people are not known before this, also do not have trade come-and-go, because this suspects two people are strung together,seek undertake contest is patted cause state-owned property prediction of a person's luck in a given year, informed against to police on September 15, 2014 then.
Party: Did not collude with under the counter, fasten blackmail of the other side
This year on August 3, legal representative of company of smooth family name makes the same score dimension to tell insurgent news, the contest of 04 plot is bought is by Feng Yan of director of this firm office specific deal with, add a business close already in the past 7 years, he marks some cases not clear, ju Fengyan leaves his post already.
"Before taking this land, I know Nie Zhangtian far from, had not met, also had not made a telephone call. " smooth dimension expresses, he Changqiu informs against he and Nie Zhangtian two people are colluded with under the counter, the view that low takes the land holds water far from.
Make the same score dimension memory, feedback according to Feng Yan, one party of Nie chapter cropland also participated in contest to pat really, "Cited a shop sign, did not lift again from the back " .
"After I take the land, feng Yan says with me, nie Zhangtian wants us to take brushstroke money to give him, specific how much to want I am written down not clear, but gave him finally 4 million. " smooth dimension says, at that time Nie Zhangtian's reason is, to take this land he made 21.66 million yuan earnest money, what still borrow partly among them is usurious, this share cash is the accrual that compensates him.
Smooth dimension says, say normally, he need not give this money completely, but be in considering oneself deal, do not want to cause a trouble. He says: "Be known according to me, nie Zhangtian has some of interest, spending this money is calamity of disappear of suffer unexpected personal financial losses completely, offend do not remove me to still hide not to rise? Offend do not remove me to still hide not to rise??
Smooth dimension tells insurgent news, he thinks this is Nie Zhangtian blackmail from beginning to end, when police investigation, he also is so say with police. After the event, he did not report a case to the security authorities all the time report lives this matter. Smooth dimension says: "I had spent this money, I also admitted. I also admitted..
Industrial and commercial: Be suspected of administration violating behavior happening time to punish effectiveness for a given period of time more than
On November 11, 2014, written reply He Changqiu weighs substation of public security of area of 9 dragon slope: "To the problem that you reflect, my bureau height takes seriously, enjoin classics detect detachment begins investigation work at once. Current, this circumstance is in investigation, if find out the person such as Nie Zhangtian to be suspected of fact of relevant illegal crime, substation general lawfully put on record undertakes investigating. Substation general lawfully put on record undertakes investigating..
Staff member of substation of public security of area of 9 dragon slope tells insurgent news, classics investigation, the person such as Nie Zhangtian does not have fact of relevant illegal crime, this bureau does not grant at was being made on December 10, 2014 advice note of put on record.
On July 22, 2016, this bureau reachs clew and relevant data pass on Chongqing city bureau of industrial and commercial administration 9 dragon slope is divisional bureau (the following abbreviation " 9 dragon slope is industrial and commercial bureau " ) .
Basis " People's Republic of China auctions a law " the 65th regulation, "Contest buys a person between, contest is bought ill will is colluded with between person and auctioneer, cause to other those who damage, the auction is invalid, ought to assume liability to pay compensation lawfully. The contest that by industrial and commercial administration the branch colludes with to participating in ill will buys a person part is top should valence 10% above 30% the following amerce " .
9 dragon slope news of Pai of staff member Xiang Peng introduces industrial and commercial bureau, after receiving the clew that pass on of public security mechanism comes over, this bureau begins to investigate instantly. Basis " administration of People's Republic of China sanctions a method " the 29th regulation, illegal behavior is undetected inside 2 years, give administration punishment no longer. Law has formulary except additionally.
This staff member says: "Informing against the time that the person informs against to public security mechanism was September 2014, but the time that should be suspected of administration violating behavior happening is in in December 2011, exceed administration of two years to punish effectiveness for a given period of time already. We already suggested to inform against a person to have report to land branch at that time.
Land branch makes written return twice early or late
2017 the beginning of the year, he Changqiu is mixed to bureau of Chongqing city land respectively natural resources of 9 land of dragon slope area run branch bureau (the following abbreviation " bureau of land of area of 9 dragon slope " ) reflective circumstance.
Of the same age on June 21, written reply He Changqiu weighs bureau of land of area of 9 dragon slope, after this bureau establishs a working group to investigate company of smooth family name to win the basic case of access of 04 plot land, public security of area of 9 dragon slope divides leave for different destinations industrial and commercial bureau investigates bureau and 9 dragon slope understand two units early days to reflect a problem to He Changqiu deal with circumstance. After the working group is investigated, think, the problem that its reflect should by industrial and commercial administration the branch is handled. "Hand in industrial and commercial branch to handle because of after branch of early days public security is investigated, moving, accordingly, you can handle a case to understanding of door of The Ministry of Commerce and Industry.
This lets He Changqiu be at a loss a little: The director service that door of The Ministry of Commerce and Industry and land branch show to the other side just is the problem that its reflect respectively.
Of the same age on December 8, bureau of land of area of 9 dragon slope makes written reply say again, "Because my area land is in charge of a branch to be not had,trade publicly the function of land, suggest you trade to Chongqing city land and mine property right the center reflects this problem. Suggest you trade to Chongqing city land and mine property right the center reflects this problem..
Insurgent news understands, on May 23, 2016, chongqing city public natural resources trades the center hangs out his shingle hold water. When those, chongqing city land and mine property right trade of the center trade service function already was traded by Chongqing city public natural resources central institute is replaced.
That is to say, the unit that bureau of land of area of 9 dragon slope suggests He Changqiu reflects a problem is real nonexistent already.
The staff member expresses bureau of Chongqing city land, this bureau is referring to this matter check, conclusion hind will feedback in time.
Law expert: The property that holds 4 million money is crucial
University of senior punishment jurisconsult, southwest politics and law teachs Zhao Changqing to think, look from existing material, have point of view of 3 kinds of divergent to 4 million yuan of experience case: It is to inform against person He Changqiu to consider as in land contest the reward that in patting, smooth dimension gives Nie Zhangtian (painstaking cost) , it is to collude with bid property; 2 it is to make the same score dimension to think he and Nie Zhangtian were not colluded with bid, it is to get extortionate given money; 3 it is Nie Zhangtian thinks he paid earnest money, did not take the land again, this 4 million it is the security interest that smooth dimension gives him. Accordingly, the core of this case depends on " smooth dimension hits Nie Zhangtian how should be the property of 4 million yuan of money maintained " .
Above all, if this money is " the recompense that Ping Weiwei thanks Nie Zhangtian to help its take the ground to give " , so bilateral behavior is suspected of colluding with bid, basis " criminal law " the 223rd regulation, bidder is colluded with each other bid quote, injure person of invite public bidding interest of other perhaps bidder, the clue is serious, be in 3 years of the following set term of imprisonments or arrest battle, be in gold of only perhaps punishment.
Other basis " auction of invite public bidding hangs out his shingle sell one's own things is state-owned construction sets with ground access " the 25th " win the bid person, contest gets a person to have one of following action, win the bid, contest must disable as a result; Cause losing, ought to assume liability to pay compensation lawfully " secondly " adopt bribery, ill will to collude with wait for what illegal means wins the bid or contest gets " .
Next, if this money is " Nie Zhangtian blackmail " , so Nie Zhangtian's behavior is suspected of blackmail, ought to investigate its criminal duty.
Basis " procuratorate of top people court, top people about handling blackmail criminal case applicable law the explanation of a certain number of problems " , state-private property value reachs blackmail 300 thousand yuan of 500 thousand yuan of above, ought to maintain for " amount is particularly huge " .
Again, contest pats land access to need pay earnest money, this is a regulation. Since decide to bid, mean should abide by a regulation. To say the least, even if is 21.66 million yuan bail, also won't generate interest of 4 million yuan high specified number inside short time.
Zhao Changqing expresses, eliminating the base that both sides has economic contact before this to go up, before 4 million yuan money property may be suspected of, narrate the first with the 19th kind of circumstance.
He thinks, after public security mechanism is informed against in what receive people to violate act to concerning or be being mirrorred, the problem that ought to reflect to masses is checked seriously. "Look from current condition, the ground that public security mechanism holds Nie Zhangtian to wait for a person to do not have fact of relevant illegal crime still is waited for discuss. If do not have really sufficient evidence, cannot deny easily inform against a fact. Cannot deny easily inform against a fact..
Zhao Changqing says, 4 million yuan are not a small amount, public security mechanism is accountability the property that makes clear this money. "If according to the victim (smooth dimension) view, even if its did not report a case to the security authorities, public security mechanism is in know after this clew, also ought to give inform against person and victim a view. Also ought to give inform against person and victim a view..
