These days, thunder of Chongqing citizen pleasant (alias) go to from change north every day the Xi Yongda of area of Sha Ping dam learns a city to run, almost most of over or across Chongqing advocate city, "I spent more than 10000 yuan to sign up for process designing of an adult computer to groom class, preparation turns profession programmer. Preparation turns profession programmer..
Meanwhile, yang Dong of 28 years old (alias) stay decadently in the home all the day, play game bored to deathly, standing parental cold shoulder for a long time, the wedding that books with cummer adjourns indefinitely also.
These two abjection youths ever were fully contented, limited company of science and technology is studied in Chongqing auspicious (abbreviation auspicious studies a company) it is a colleague, ever held the position of the controller of two branches.
Everybody doesn't have expect, 2017, the calamity of the bagnio of an arise suddenly, changed the life contrail of two people, also take an examination of a company to bring disaster to auspicious at the same time, two people and two their company leaders are chained and thrown into prison together.
On December 14, 2018, cost of first layout of hair thesis collection obtain home punishment case saves 9 rivers city to repair first instance of court of water county people to adjudge in Jiangxi, chongqing auspicious takes an examination of 4 people of company to obtain punishment, prison term of Wei of dawn of company general manager Cai is the longest, 4 years 6 0 months, punish gold 4.5 million yuan. Hu Jing of vise general manager obtains punishment 3 years, fine 4.5 million.
The Chongqing that has cooperative concern with company of auspicious take an examination ofing even if company of region culture medium (company of abbreviation vertical region) chief Huang Zhifei and employee Zhong Mou also obtain punishment at the same time. In 6 people, besides Gan Lei, Yang Dong, Zhong Mou 3 people win reprieve besides, additionally 3 all are sentenced solid punishment, be detained up to now.
Cause the cause of the calamity of 6 people bagnio, it is the behavior with periodical common industry: Side periodical collects a manuscript and certain layout expends collection author, and after little part author asks the paper download that publishs its is printed, should mail paper author, so that its judge a title. This group manages a hardship illegally to was thought to offend by court of long water county, this case also brings calorific intense to discuss in internal law academia.
Cai Xiaowei
Be captured on road going to work
Although time had passed to be close to 2 years, yang Dong still remembers becoming the detail that oneself are caught first.
On April 12, 2017 morning, zhou Si, yang Dong comes out to be located in bridge of stone of area of 9 dragon slope to spread the auspicious around to take an examination of a company to go to work from the home. Around stone bridge square, he took a bowl of small side when breakfast. Just went to the company downstair, be blocked suddenly by men of a few new civilian clothes outlet: "Are you Yang Dong? " Yang Dong replies instinctively: "I am. " immediately of the other side: "We are the polices that come over from Jiangxi, bother you to go with us, assist investigation. Assist investigation..
One face muddled ground follows Yang Dong on a few civilian clothes roadside special of a China, turned around stone bridge shop circuit, return a company again next downstair. Right now, had collected many 20 civilian clothes and police downstairs. Cooperate to fall in policeman of local police station, the police takes an examination of upstairs auspicious the company to be surrounded all round, begin to ransack everywhere next, seek testimony.
The police that repair water is in in Yang Dong " issue a ministry " check buckle " medicine is wholesome " (full text edition) , " project technology " (full text edition) wait for periodical of 12 kinds of paper quality to add up to 7344, "Medical sanitation editorial office " , " project technology editorial office " , " editorial office of magazine of electrical engineering technology " , " editorial office of mobile news magazine " the seal that waits for model of written characters 17 and bank card, receive the Zhang of charge to an account that sends periodical measure this, the article such as sheet of content shedding pick up the goods.
Disaster
Yang Dong says, auspicious takes an examination of a company to have nearly 50 stuff at that time, ransack tremendously blast battle also make a company normal manage suffer an effect greatly. Yang Dong is a company not only issue department chief, more company of be assigned personal responsibility for is financial. Yang Dong is taken away by Jiangxi police subsequently, company account is frozen, auspicious takes an examination of a company to break down at this point, employee has a holiday entirely come home.
The 2nd day, yang Dong is saved by Jiangxi public security bureau of county of long water of 9 rivers town punishment arrest, be taken Gao Tie, go straight towards Wuhan continuously, next by patron wagon long-distance send under escort answers the out-of-the-way county that repair water.
In the detention house, yang Dong by the police for many times arraign, its accusation is to be suspected of bilk. But come down to think over calmly, yang Dong says him is conscientiously all the time go to work, never bilk crosses one, he believes affirmation is the police made a mistake, oneself can go out very quickly. But on May 19, he is carried out to arrest.
Till August 24, he by await trial of permissive be bailed out, return Chongqing, just discover auspicious takes an examination of a company to be captured to begin from him, had confronted disaster.
Be captured in Yang Dong after two months on June 14, xiao Wei of company general manager Cai is away on official business in Beijing when attending a meeting, be repaired arrest of water police punishment; On June 15, gan Lei of composing department chief by punishment arrest, to December 28 company deputy total Hu Jing by punishment arrest till, 4 leader mainstays of company are completely annihilated, all be arrested in order to be suspected of crime of fraud.
Bizarre bilk case
After await trial of Yang Dong be bailed out comes out, knew case of bilk of him place experience eventually probably: While with company of auspicious take an examination ofing 4 people are caught, the cooperation that built water county public security bureau to still capture auspicious to study a company at the same time pressworks the Hu Mou of Langfang of factory controller Heibei, still have the Huang Zhifei of vertical region company that once had had collaboration with company of auspicious take an examination ofing and Zhong Mou additionally. Because with oneself the Zhong Mou that same day is captured is caused,whole case is.
Repair judgment of first instance of water county court to show, 2015, zhou Wen of Guo of person of the county that repair water in the county that repair water Hangzhou mouth is pressed down establish atelier, opened on the net that clean out treasure " the editorial office that open win " and " actor achieves an article to serve " the inn that clean out treasure, in " inclination net " etc editorial office is pretended to be to solicit contributinos on famous website. 2016, he contacts the classmate Zhong Mou of great on Chongqing period, zhong Mou introduces his is dimension general net " medicine is wholesome " the chief editor of editorial office, can help write hair paper.
Came in August 2016 during Feburary 2017, some accepts the bell to establish atelier to be engaged in soliciting contributinos in the county that repair water mobile Guo Zhouwen (other case is handled) the manuscript of 9 papers author such as sent Dai Juan, Wang Xiaoping, collection layout expenses totals 2200 yuan, send the paper print of 9 people smoothly go up in dimension general net. Guo Zhouwen criterion collection 12120 yuan of layout expend 9 papers author. 9 people received paper employ advice note and print hair to have the paper periodical of the paper subsequently.
But this incident of paper print hair does not know how to learn and be informed against by the company of a periodical of Beijing however. Then, devious Jiangxi province repairs immediately of water county police to be suspected of sham learning periodical carrying out bilk with Guo Zhouwen, Zhong Mou for, intervening investigation.
On April 12, 2017, police of the county that repair water is far even if region company Zhong Mou is captured,go to Chongqing general, the medicine that is in in Zhong Mou is wholesome " editorial office " check buckle " medicine is wholesome " (full text edition) paper periodical 610, " medical sanitation editorial office " the seal of model of written characters 1, experience case computer the 23 article such as the stage.
That day, when police checks company items of an account, even if region company and auspicious take an examination of a company to have items of an account and business dealings,discover, police immediately takes an examination of auspicious Yang Dong of company financial controller to seize, capture additionally 4 people of company of auspicious take an examination ofing and vertical region company in succession subsequently bring to justice, and conveniently will be in charge of black-and-white of market of paper edition paper in Heibei Langfang some captures Hu Mou.
Selected 2017 10 sweep greatly fizzle out dozen of blame case
This case is swept into pitch on country yellow the 2017 10 big case that make blame net announce
Upriver journalist inquires discovery, in January 2018, the whole nation " sweep fizzle out dozen of blame " the office announces 2017 year external " sweep fizzle out dozen of blame " 10 big cases, this over or across 4 ground, the case that much detect of half an year of last a period of time handles is successful and selected, resounding whole nation. The case name of public at that time report is Jiangxi 9 rivers " 1 · 10 " case of bilk of sham learning periodical.
The details of a case that announces at that time is: In January 2017, the 9 rivers city, county that repair water " sweep fizzle out dozen of blame " , door of the Ministry of Public Security investigates case of bilk of sham learning periodical one case. Via checking, guo the person such as some removed such-and-such, Zhong Mou in July 2016 oneself, open store of the net that clean out treasure sham " Chinese modern medicine " wait for editorial office of periodical of more than kinds of 10 famous learning, adopt era to write a paper, forge academic periodical to wait for means bilk with draft announcement, trade illegally 177 seek profit pen, illegally more than yuan 30.
Handle a case branch with experience case sham periodical is breach, hunt down periodical of a sham learning " editor, publish, presswork, issue " black industry catenary, seize Yang Mou in Jiangxi, Chongqing, Beijing, Heibei respectively the suspect of 8 main crime such as some, check experience case manages amount illegally more than yuan 120 million, demolish illegal nest nods sham learning periodical 3 place.
Era controls paper and the company that layout expends
On June 15, 2018, after adjourning for many times, the experience case that builds water county procuratorate to study auspicious company and vertical region company 6 people and Hu Mou of Heibei Langfang publisher some is sued with managing a hardship illegally to the court, and the bilk accusation before alludes no longer.
On December 14, 2018, first instance of court of the county that repair water is adjudged, hold 7 people guilty, some makes adjudicative Cai Xiao Wei, Hu Jing, Huang Zhifei, Gan Lei, Yang Dong, Zhong Mou, Hu Mou manage a hardship illegally, sentence a set term of imprisonment 4 years 6 months differ to a year, punish gold.
On the court, the focus that both sides dominating debate argues is auspicious take an examination ofing cost of layout of collection of thesis of company and hair of vertical region company and the paper download that send the print on the net come down, print the behavior that sends partial treatise the author next, whether be suspected of managing a hardship illegally after all.
The court is examined maintain, chongqing auspicious studies limited company of science and technology and company of medium of vertical region culture is company of paper representative service actually, both all seek advice from limited company to have concern of paper representative collaboration with Chongqing dimension general.
Cut of dimension general net pursues
Upriver news understands from net of official of dimension general company, the predecessor of limited company of information of Chongqing dimension general is research center of database of substation of Chongqing of institute of information of Chinese science and technology, it is the orgnaization that China undertakes the first times Chinese periodical database studies. Regard Chinese database as industrial trailblazer, database research center at of the same age own research and development was rolled out " periodical of Chinese science and technology piece a database " , it is database of document of periodical of the first Chinese of Chinese, also be China is the biggest build Chinese document database oneself.
Network of information of general of company website dimension is built 2000. Through old commercial operation, network of dimension general information has become the Chinese major information with famous whole world to serve a website, and China's greatest omnibus literature serves a website, tell a network with Beijing almost eponymous.
2014, the Chongqing news at that time gave edition bureau to do a number to publish base in upper new developed area, dimension general company is the core business of base of digital publication data. Dimension general has a project to call storage type data platform at that time, it is a country " 935 " the key number of the program publishs one of projects, project itself is published with respect to the number that included academic content.
On the court, auspicious takes an examination of Xiao Wei of company chief Cai to introduce, because dimension general company does not have manuscript origin, contact an author without method, looked for the auspicious with old collaboration to took an examination of a company to do the cooperation that receives draft then square, agree to let auspicious take an examination ofing contact paper author, do the work that stops draft and first trial, the printed sheet that at the same time collection paper print sends is expended. Layout cost takes an examination of a company to press an agreement by dimension general company and auspicious prorata.
The court is found out, from October 2014 since, the name that auspicious checks Xiao Wei of company chief Cai to study a company with auspicious and dimension general company are signed " solicit contributinos service agreement " , the conduct propaganda that is in charge of periodical of 9 kinds of collaboration, solicit contributinos, the job such as first trial.
After this, the person such as Cai Xiaowei, Hu Jing established editorial office, composing with the name of dimension general company ministry and issue a ministry, through the connection such as phone, QQ or small letter means connection has a paper to publish the personnel of demand or representative to undertake soliciting contributinos, developed by oneself " manuscript management platform " , implementation solicits contributinos, composing and undertake paper butt joint with dimension general company.
After the paper that gets a writer, refer first " manuscript management platform " undertake paper repetition rate detects, through uploading a system automatically, do not answer through be being hit automatically.
Auspicious takes an examination of a company to undertake composing to the paper that adopt, refer dimension general company. Amount of first phase paper is asked for full hind, come via be being collected after examine and verify of three-layer of dimension general company dimension general net, browse publicly for the reader. Gan Lei introduces, receive draft to be not draft is sent surely, mix through heavy examine and verify after falling into disuse, scale of paper print hair is in commonly of contribute 50% the left and right sides.
Auspicious takes an examination of a company to print the article that has collected paper periodical, give the paper that gives need paper edition freely the writer, let its go off with chooses unit title or be collected. In this process, the partial author collection that auspicious takes an examination of a company to will publish a success to the paper counts 100 yuan of layout that differ to expend.
Among them, gan Lei of composing department chief is in charge of will collecting the paper that come up to undertake simple composing, upload dimension general net to examine next, and issue department chief Yang Dong to be in charge of will be being passed examine and the print hair electronic paper download on dimension general net comes down, next the need according to paper author, send Heibei the Hu Mou of Langfang, print book, free mail sends the paper that keeps an address the author.
2016, the Huang Zhifei that takes an examination of company acquaintanceship with auspicious feels this kind of mode is feasible, established vertical region company then, be in charge of alone " medicine is wholesome " the paper of edition piece collects composing, he returns Zhong Mou of the niece outside letting to be in charge of the first trial of the manuscript.
Auspicious take an examination ofing and dimension general who is publication unit
Jiangxi saves court decision of first instance of court of people of the county that repair water to think, the person such as Cai Xiaowei takes economic profit to obtain, after signing agreement of cooperation of electronic periodical layout with dimension general company, did not obtain publication to fall from the circumstance of job seniority in oneself, namely the publication that with dimension general the name of corresponding periodical editorial office is engaged in experience case periodical, presswork, issue an activity, belong to covert periodical of management experience case, its editorial office is examined and approve without passing, it is privately is established, reason is belonged to manage action illegally, make manage a hardship illegally.
The first instance counsel for the defence of the person such as Cai Xiaowei thinks, bilateral cooperative agreement makes clear an agreement, the conduct propaganda that auspicious takes an examination of a company to be in charge of cooperative periodical, solicit contributinos, the job such as first trial, the final judgment that dimension general company is in charge of all collaboration periodical, composing, presswork, collect get online wait for the job.
Agree so, the reason studies a company in Yu Ji is not successive model the publication unit of electronic periodical, only dimension general company just is the publication unit that publishs wide report total bureau to approve a license through national news, bilateral fixed position is very accordingly clear, auspicious takes an examination of a company to help dimension general company provide a paper, dimension general company is in charge of publishing, what because the alleged auspicious of this check square accusation studies a company,hold water is alleged " editorial office " not be publication unit at all.
Chongqing city culture executes the law the branch once was opposite the punishment of dimension general company also from flank confirm this. Counsel for the defence referred two river newly-added district of city of a Chongqing to be in charge of on the court appoint bureau of meeting society progress issue punishment of the 4th administration decided a book 2016.
Punishment decides the book makes clear, on September 12, 2016, two rivers new developed area is in charge of appoint bureau of meeting society progress executes the law the book of paper paper quality that personnel discovers to there is Cong Weipu net to download on market appears, pass pair of dimension general companies to have go on a tour of inspection then, discovered " medicine is wholesome " " project technology " wait to be become 9 kinds book paper periodical, maintain its behavior to be suspected of publishing the electronic publication of standard of the technology that does not accord with national regulation, quality and normative requirement.
Pleasant thunder introduces the publication department chief of company of auspicious take an examination ofing, the paper of dimension general net that the market of paper edition paper that hunts down at that time is download of company of auspicious take an examination ofing actually, need to print according to paper author next. "Tag on the periodical when violating the main reason of compasses to be become namely have collect fees the price, every 10 yuan, because this calculates print. Because this calculates print..
Finally, execute the law the branch penalized company of general of publication unit dimension 10 thousand yuan, instruct correct. Subsequently, dimension general company goes a file to ask to solicit contributinos cooperate to with paper print name conduct propaganda solicits contributinos and just cannot presswork again, to partial author the requirement fills dozen of paper quality version, also by collect fees change free given free by the publisher. From this later, the paper that dimension general and auspicious take an examination of publishs cooperative mode to did not encounter any troubles again, also was not executed the law again the branch has been investigated.
But the opinion that the court did not adopt counsel for the defence, still insist to adjudicate 7 people are guilty.
2 careful will undertake innocent plead
Current, after case first instance adjudicates, sentence the 3 people such as heavier Cai Xiaowei, Hu Jing, Huang Zhifei to had mentioned appeal, cai Xiaowei still invited well-known lawyer Xu Xin and Wang Moqiong to hold the position of his 2 careful paraclete.
To this, lawyer Xu Xin and journalist of Wang Moqiong upstream express, this record can say dispute law manages a hardship by " pocket blame " change and creed of the severe punishment in judicatory practice is flush, the typical case that lacks concept of judicatory of sex of curb of criminal law modest. For this, they will undertake innocent plead to Cai Xiaowei.
According to cooperative agreement, although be in charge of periodical of experience case electron,auspicious studies a company solicit contributinos, format of first trial manuscript, but auspicious studies a company and cannot upload paper manuscript dimension general net directly, also cannot generate periodical of electron of some first phase directly, cannot publish in the network directly more, and must pass dimension general company, in final judgment of dimension general net (include form and essence to examine, if paper repetition rate detects, the paper has break the law badly national security without the harm, the content of tort) later, by experience case successive model of electronic periodical sponsor general of dimension of unit, publication unit of company general publish.
Can see, although be in charge of basically soliciting contributinos,auspicious studies a company and first trial manuscript, but final publication unit is dimension general company, auspicious of and rather than studies a company, the cooperative agreement that company of auspicious take an examination ofing is basis and dimension general company merely provides the paper that plans to publish to dimension general company just. This decided company of auspicious take an examination ofing is not, become publication unit impossibly also. The layout cost of company of auspicious take an examination ofing and collection of vertical region company also is a paper the platform cost that sends in print of dimension general net, ministry branch hands in dimension general company, author of and rather than buys the fare of paper journal.
Xu Xin thinks, this case is distinguished apparently establish periodical company to be in at privately solicit contributinos without the do sth without authorization below the publication date, circumstance that did not examine and approve, the editor is become book hind published case. The behavior of company of auspicious take an examination ofing is confined to the general of lawful publication unit dimension to have aptitude the company provides the content that plans to publish, this behavior does not attribute publication activity apparently.
Upriver journalist visited domestic the press the personage inside senior course of study Mr Tang, publish illegally what he states home is maintained at present only two is plant illegal, a kind of content is illegal, a kind of publication technological process is illegal. "The court may think namely, since your auspicious is taken an examination of,published paper book, but auspicious take an examination ofing did not publish unit aptitude, think its are published so illegal. Think its are published so illegal..
Mr Tang expresses, actually, inside course of study thinking dimension general net will be put on the net through checkup paper generally just is publication behavior, this is a kind of electron is published, and paper edition is not published final position, this is a mediacy only, it is to satisfy special requirement of the author only. The only standard that publishs because of the electron is check on dimension general net get a paper, this ability means a paper to publish. Because this auspicious studies a company,print paper edition journal the behavior of free given free by the publisher should be not maintained to be publish.
Mr Tang thinks, whether to involve to periodical of given free by the publisher presswork, need two standards only actually: Short of through imprinting the book collects fees, and go without open hair, cannot call so presswork.
Cai Xiaowei also expresses when interviewing a lawyer, the most primary purpose that company of general of dimension of help of company of auspicious take an examination ofing solicits contributinos is to perfect the paper testing system of dimension general capture data, cost of every hundreds of yuan of layout that is not support collection seeks profit.
Imprint the paper on the net the book mails freely whether does specific target calculate issue
On the court, the focus of another controversy is, after auspicious takes an examination of company representative to solicit contributinos, should the special requirement of partial contributor, will periodical of this period electron prints paper edition to mail the behavior that sends a paper the author freely to whether be belonged to " publish, issue " .
First instance court decision thinks: Although the person such as Cai Xiaowei mails the paper periodical that compile and print only author, but for the author to receiving periodical, its still can read the paper of other writer in seeing this periodical. And relative to at paper author character, other can read the person that sees its thesis, belong to not specific target. In periodical of this case experience case, mostly the paper amount of periodical terminally amounts to hundreds, this means those who carry the accused person to compile and print, mail behavior, hundreds not specific target can read the paper that sees some author, transmission effect had on certain level.
Xu Xin thinks, the contributor knows perfectly well its contribute periodical to still ask for periodical of paper edition electron however for electronic periodical, its purpose depends on unit assess title or scientific research award when, convenient unit examine and verify. And in fact, paper author can fluctuate from dimension general net by oneself carry print, just compare a trouble. Then the person such as Cai Xiaowei has the writer of similar requirement to serve a part better, just print paper edition to send an author. This one purpose decided, the person such as Cai Xiaowei is printed, the purpose that sends periodical of paper edition electron is not to make public transmission, offer for specific partial contributor however convenient. From the point of the subjective purpose of the person such as Cai Xiaowei and contributor both sides, not be for " publish " , not be for transmission more.
Additional, the behavior that sends periodical of paper edition electron is not belonged to publish, it is merely be aimed at specific target give, use at the proof " already published " , " publication regulation " do not have any prohibiting to this sexual regulation. Even if is more specific department rules " electronic publication publishs management to set " in also do not have any prohibiting to this sexual regulation. The law is not had prohibit can be, auspicious takes an examination of a company to be able to print periodical of paper edition electron completely to give a writer.
The first instance court decision of court of the county that repair water thinks at the same time, auspicious is taken an examination of and publish a paper, the layout fee that pays with collection the other side undertakes seeking profit, actual it is a kind of publication that covert runs an activity. In this case, the accused person is engaged in solicit contributinos, composing, presswork, disbursement layout is expended and sending a series of activities such as paper periodical is carried out, formed a complete industrial chain thereby. Reason ought to be in the accused person the charge of collection of this place in a series of link all answer plan the number that runs illegally into its.
To this, xu Xin thinks, the action that collection layout cost helps the electronic periodical that the contributor sponsors in dimension general company publish a paper is the academic guild regulations of our country, did not violate any legal regulations, prohibit without any legal laws and regulations collection layout cost, also prohibit helping a contributor publish article collection layout to expend on the periodical that standard publication unit sponsors without any legal laws and regulations, since do not break the law,do not talk to go up to be managed illegally.
The paragraph receipt of 7 million distrain that go back of public security bureau of the county that repair water gives Cai Xiaowei the family member
Strange jurisdictional
What the case causes the place of tremendous controversy to depend on a case at the same time is jurisdictional.
First instance counsel for the defence of Cai Xiaowei thinks, seat of company of auspicious take an examination ofing, dimension general company all is in Chongqing, cai Xiaowei also is local born and bred Chongqing person, never sortie Jiangxi, it is to never hear more to building water this place, be captured suddenly by long water police however, this case first instance is final by the court that repair water administer. The county that repair water is not criminality happening the ground and guilty result produce the ground, court of the county that repair water does not have this case jurisdictional.
Cai Xiaowei counsel for the defence and first instance undertake the judge when the judge is communicated expresses, this case is put really administer have particular problem, whether to have with respect to the court that repair water jurisdictional had reported ranking court, ranking court already also issued reply administer, but be put involute. Should put what coiling to reply administer originally case why by classify deputy roll, how does ranking court reply after all, whether does long water court have this case jurisdictional still become a puzzle at present.
In first instance court decision, court of the county that repair water is right administer be related explains so: Department of this case the accused passes the network means such as phone, QQ, small letter to contact those who be engaged in publication to solicit contributinos wait for an activity, belong to network crime case, and criminality of the part in this case happens in the county that repair water, accordingly this academy is had jurisdictional.
Zhou Zeyu of counsel for the defence of first instance of Cai dawn Wei expresses, the court decision is narrated " partial crime happens in long water " it is to show this case and the exclusive correlation that repair water depend on Guo Zhouwen this person, strange is this case rises because of Guo Zhouwen, dan Guozhou article was not sued however, never also be detained, guo Zhouwen is being finished his " administer " mission hind from now on the mystery in the case disappears.
Relative Cai Xiaowei Ms. Deng thinks, this is very strange, alleged be the person has facts one wishes to hide additionally still to make after all administer? The bilk case that this case causes because of Guo Zhouwen and Zhong Mou is caused, but however drag in studies a company to the auspicious that has nothing to do with bilk case, let a person feel odd: "That paper expenses did not give again auspicious studies a company, why should pull auspicious take an examination ofing? Is there's no one who doesn't or isn't intended circumvent? Is there's no one who doesn't or isn't intended circumvent??
More amazed is, cai Xiaowei's relative introduces, after Cai Xiaowei and Hu Jing were captured 2017, public security bureau of the county that repair water is communicated with two relatives under the counter, want a family member to be able to pay fine first only, police can give charge for the making of sth. of court of the county that repair water to make, sentence gently to two people.
Then, home Cai and Hu Jiasi manage collect fund, turn to finance of Bureau of Finance of the county that repair water at parting in June 2018 door turn " fine " 7 million with 4.5 million. The Jiangxi province that repairs water county Bureau of Finance to be issued to introduced from the northern and western nationalities or from abroad static family member among them mentions expressly on bill of settle accounts of come-and-go of administrative institution capital,
The 4.5 million sequestered money receipt that Hu Jing hands in
After result court is sessional, xiao Wei sentences pair of Cai of police acceptance gently to did not come true, on December 20, 2018, the county that repair water will 7 million " sequestered money " return Cai Xiaowei's relative.
Additional administer controversy, family members express, case later period is certainly after managing a hardship illegally, since be certainly,family member and lawyer think to be managed illegally, so the place that company of auspicious take an examination ofing runs illegally is in Chongqing, jurisdictional should turn over Chongqing, but Jiangxi respect does not grant to approve all the time.
Well-known lawyer Xu Xin thinks, those who repair water county court to do not have this case at all is jurisdictional, first instance maintains this case to belong to network crime case, but Internet times, all communication communication all are based on a network, if will all " through the network such as phone, QQ, small letter means is contacted " behavior says commit a crime for the network, all crime all can include among them, " criminal procedural law " stipulate inevitable meeting comes administer built on stilts.
In the case, the behavior of company of auspicious take an examination ofing and Jiangxi province repair water county not to have experience, because of such, the Ministry of Public Security just is in case already after detect ran half an year, just appoint Jiangxi to save mechanism of public security of the county that repair water to investigate this case. The problem that causes from this is, the Ministry of Public Security is appointed administer before the investigation activity that has and obtain evidence all are illegal evidence, should grant to eliminate. "So, the 7 people such as the Cai Xiaowei that is detained to sentence should innocent release. The 7 people such as the Cai Xiaowei that is detained to sentence should innocent release..
But anyway, this rises to be managed illegally case had caused wide attention in domestic law, the life of many party has been changed.
The Gan Lei that once was chief of publication department of firm of auspicious take an examination ofing is banned by forensic make known to lower levels course of study makes, prohibit be engaged in publishing an industry again, he must turn in 31 years old of hardship row, go beginning to learn computer process designing from the beginning, the hope pays no attention to the programmer of affairs of human life when.
And auspicious studies a company once issue ministry and financial chief Yang Dong to be immersed in emotional crisis, because oneself are " guilty " person, he begins by cummer one is measured afresh, cummer has postponed wedding day indefinitely.
As once successful personage, cai Xiaowei still suffers hard in bagnio. Hong Lan of elder sister Cai says, the little brother is caught nearly two years, the family feels face sweeps the floor, carry do not start, the mood is depressive, everybody had not visited any relative two years. It is besides the jail, his child of 6 years old still is awaiting hard " be away on official business " father returns as early as possible.
(upriver journalist Fan Yongsong)
