He what close in jail of city of the Qin Dynasty, went up to often go back on his word " blacklist

Judicatory practice is carried out of the belongings punishment of case of lieutenant general criminal person, include break his promise to be carried out person list, do not see more.

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Recently, net of Chinese judge copy clerk made public court of Zhengzhou city intermediate people " Xu Zongheng is carried out carry out kind of executive ruling book " .

Book of this executive ruling shows, be in the Shenzhen of serve a sentence of prison of city of the Qin Dynasty former mayor Xu Zongheng, went up " Laolai " " blacklist " , be included to break his promise to be carried out person list.

Because Xu Zongheng commits bribery crime, already handled death sentence at was being sentenced 2011, postpone a deadline is carried out 2 years, privative politics right is lifelong, confiscate an individual total worth.

Him what close in jail of city of the Qin Dynasty, went up to often go back on his word " blacklist "

▲ Xu Zongheng (the data pursues)

According to Xinhua News Agency the report May 2011: Cognizance of classics of court of Zhengzhou city intermediate people is found out, came 2001 2009, xu Zongheng is used hold the position of government of people of city of vice secretary of minister of members of standing committee of municipal Party committee of Shenzhen of the Communist Party of China, organization, municipal Party committee, Shenzhen the post of standing deputy mayor, mayor is convenience, arrange for Shenzhen city fine Long Gang trifling of city of limited company of new and high building materials, Shenzhen appoint the nine unit such as former secretary Yu Weiliang or individual plan in modificatory land, contract to do a job the interest of side try to gain such as preferment of project, post, the property that receives relevant personnel to give for many times early or late adds up to amount to RMB more than yuan 33.18 million. After case hair, illicit money spoil is all already pursue and wipe out.

Court of Zhengzhou city intermediate people thinks, xu Zongheng as national staff member, use functionary advantage to be other seek interest, receive other property illegally, its behavior already made bribery crime. Xu Zongheng takes bribes amount is particularly huge, the clue is particularly serious. The told concerned branch actively to still do not master part after in view of Xu Zongheng on record is sent takes bribes fact, have honest plot, admit one's guilt the mood is better, illicit money spoil is all already pursue and wipe out, sentence capital punishment to its, can not carry out instantly.

The execution that net of copy clerk of this China judge makes public rules the book shows: Intermediate people court puts forward Zhengzhou city, confiscate property about carrying out Xu Zongheng one case, the criminal report that its made 2011 already produced legal effectiveness. Because of be being carried out the person makes Zong Heng did not fulfil the obligation with definite place of copy clerk of become effective law, court of Zhengzhou city intermediate people took the following executive step:

1, Xiang Zheng was carried out of prison serve a sentence in Qin Cheng on July 13, 2017 person Xu Zongheng gives out belongings of executive advice note, report to make;

2, passed top people court to always accuse a system to be opposite to always be being checked on July 18, 2017 belongings of person be executived undertakes checking accusing, be carried out via inquiry information of bank account of the person, negotiable securities account, car, house property, discovery has 3585.52 yuan of RMBs in account of bank of person be executived, did not discover other can offer the property that carry out;

3, passed top people court to always accuse a system to be opposite to always be being checked on July 20, 2017 in account of bank of Xu Zongheng of person be executived 3585.52 yuan undertake freezing, undertook buckling delimiting on August 9, 2017, on August 17, 2017 treasury of turn over to the higher authorities;

4, headed for jail of city of the Qin Dynasty of the Ministry of Public Security on December 20, 2017, to its by staff member of jail of city of the Qin Dynasty pass on carries out belongings of advice note, report to make;

5, past Shenzhen city is praedial before January 29, 2018 the center that register inquires to house property of Xu Zongheng under one's name, discover residence of its under one's name, undertook closing down on January 30, 2018;

6, this academy plans to be opposite close down house property to social vendue, be located at courtyard of family member of Shenzhen municipal government considering this house property, seek its opinion at sending letter to bureau of office management of Shenzhen city office on June 25, 2018. Bureau of office management of Shenzhen city office answered case to say on July 5, 2018, the housing of cadre of the class that visit a department that this house property is the construction in Shenzhen bazaar, according to the regulation, of short duration of housing of cadre of the class that visit a department does not appear on the market trade, reason suggests of short duration of this house property not to social vendue, wait for after publishing concerned regulation, carry out by the regulation;

7, to be being carried out person Xu Zongheng took step of limitative high spending on July 16, 2018, mention to always be opposite again total inquiry, be carried out via checking the person can be offerred without belongings carry out;

8, person be executived Xu Zongheng included on July 17, 2018 break his promise to be carried out person list;

"Up to now, carry out reach the designated position amount 3585.52 yuan of RMBs, person be executived makes house property of Zong Heng under one's name an of short duration cannot deal with " , court of Zhengzhou city intermediate people says: According to " code of civil law of People's Republic of China " a stupid person seventeen, " top people court about code of civil law of applicable < People's Republic of China > explain " the 519th regulation, the ruling is as follows: Terminative executive program. If discovery is carried out,the person has what can offer executive property, can restore to carry out.

The content of afore-mentioned executive ruling books is wraparound for, in making Zong Heng did not fulfill a court decision " confiscate an individual total worth " , because quadrangle of this Zhengzhou city took multinomial step, fish makes Zong Heng have more than yuan of 3000 deposit, have the house property that is located in courtyard of family member of Shenzhen municipal government additionally. More than yuan of 3000 deposit already treasury of turn over to the higher authorities; House property cannot deal with temporarily.

In the meantime, zhengzhou city quadrangle was adopted to Xu Zongheng " restrict high spending " , " include break his promise to be carried out person list " wait for measure.

China carries out information to make public a net to also show, made Zong Heng went up to break his promise to be carried out on July 17 this year person list, affirmatory to copy clerk of become effective law " confiscate an individual total worth " compulsory, its " have fulfill ability and copy clerk of law of refus nonperformance become effective determines obligation " .

He what close in jail of city of the Qin Dynasty, went up to often go back on his word " blacklist "

When university of Chinese politics and law teachs Ruan Qilin to accept new capital to sign up for a reporter to interview, express, to solve " it is difficult to carry out " problem, top magic art is announced at was being rolled out 2016 break his promise to be carried out person list information, namely common says " Laolai " wait for act, favorable result was obtained in judicatory practice. Nevertheless, announce breaking his promise to be carried out what person list is aimed at commonly is civil case, top magic art was released on November 7, 2016 " break his promise to be carried out about announcing a certain number of regulations of person list information " when, also mention: "Be carried out to make the obligation that person consciousness fulfils copy clerk of become effective law to decide, advance construction of social credit system, basis " code of civil law of People's Republic of China " regulation, work of combinative people court is real, make this provision. " accordingly, judicatory practice is carried out of the belongings punishment of case of lieutenant general criminal person, include break his promise to be carried out person list, do not see more.

Ruan Qilin says, according to the relevant provision that to breaking his promise to be carried out the person implements associated chasten, "Laolai " can be restricted allowance sex capital and support of social security capital, limitation holds the position of thing of state-owned company legal representative, trustee, inspect, limitation takes soft sleeper of plane, train, limitation is bought praedial reach state-owned property right to trade, limitative children is read tall collect fees the multinomial chasten such as private school, measure basically is aimed at these chasten to still be in social life " activity " " Laolai " , do not have too big impact to be in in the jail for the convict of serve a sentence.

Ruan Qilin thinks, xu Zongheng was sentenced 2011 capital punishment, postpone a deadline is carried out 2 years. Executive ruling book shows, "Xiang Zheng was carried out of prison serve a sentence in Qin Cheng on July 13, 2017 person Xu Zongheng issues executive advice note " , this means Xu Zongheng to already obtained commute a sentence.

According to legal provision, during criminal serve a sentence if observe inspect rule seriously, accept education to transform, have repentant show truly, perhaps make contributions is behaved, can commute a sentence. But, in judicatory practice, a few judiciaries were built " convict belongings is sentenced fulfill circumstance and commute a sentence, parole relevant couplet " mechanism, sentence belongings fulfill a circumstance to regard as measure convict to admit one's guilt one of main factors that contrition behaves, if convict refus nonperformance confiscates the belongings punishment such as belongings, do not grant parole of commute a sentence. Accordingly, according to afore-mentioned ruling books of Zhengzhou city quadrangle, xu Zongheng " have fulfill ability and refus nonperformance " , so its the parole of commute a sentence henceforth will be affected.