Famivancouver to harrison hot springsly be executioned does not know Ceng Chengjie the court is approved brash homicide
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Family be executioned does not know Ceng Chengjie the court is approved brash homicide
Pack up"The problem of two new evidence, made transmissive, report for many times to mechanism of various procuratorial work, various court, fail to be taken seriously however. " on July 19, wang Shaohua of counsel for the defence tells Ceng Chengjie case " China runs a newspaper " reporter, only from the questions of 2 518 million error that try to be able to see in the book definitely, and the asset that reflects continuously evaluates appraisal to be short of miss an issue, it is the reason that he thinks enough lets tall courtyard send heavy careful. But the fact is however, these two new evidence fail to obtain from beginning to end take seriously, ever case by approve capital punishment.
One lasts several years, the civilian leasehold upsurge that drives even to the government acquiesces in, in experience multiple element action falls, turn into unexpectedly catastrophic. It is under this, is local government due how corresponding responsibility takes on? How should be the enterprise in participating in its and proprietor of an enterprise carrharrison hfree modern dining chairsot spring dealied duty? Legal level this how rigorous undertake?
3 big questions are corresponding at ever case, it is 3 acerb doubt, and this kind of doubt also appears in other folk leasehold case is medium in recent years.
Counsel for the defence says, because be opposite,each link keep Ceng Chengjie record in too much doubt, next he will be aimed at each problems in this case, develop a seminar with public figure of scholar, lawyer, media.
The capital fund that did not see is evaluated
"Throw a lot of illegal question on the program, sheet is an asset evaluates a report, did not appear in process of front courtyard careful from beginning to end, and this report is crucial to details of a case. And this report is crucial to details of a case..
The asset that is asked to refer by the court before first instance evaluates appraisal, did not appear from beginning to end, during capital punishment check, the lawyer asks tone is taken repeatedly without if really.
10 years ago, mercantile Ceng Chengjie enters West Hunan state when auspicious head city intervenes the city zone is transformed, be succeeded as the biggest at that time capital attraction by local government media a report of exemple large space.
Judgment shows, ceng Chengjie came in June 2003 between September, win auspicious head city early or late " 3 houses " (the library of bureau of culture of the gymnasium of bureau of sports of West Hunan city, city and group art house) project, immediately registers West Hunan 3 houses estate develops auspicious head jointly limited company (the change after this company is Hunan 3 houses estate develops limited company, turn into finally 3 houses estate develops Hunan group limited company, the following abbreviation " 3 houses company " ) .
Ever since, ceng Chengjie begins to collect money. 2000, working report of government of West Hunan state puts forward " the enthusiasm that arouses civilian investment and enterprise to do poineering work " , state the company grows need to shift civilian investment clearly first.
Ever since in 3 years, report of government of West Hunan state offers one of main jobs of state government one after another is from beginning to end " leave no stone unturned starts civilian fund " (2002 state government " plan draft reports " ) , " widen folk of financing channel, activation invests " (2003 state government working report) , " guide and drive civilian capital, the financing channel that extends civilian sth used to one's own advantage " (2004) of state government working report.
Encourage here under, the 3 houses company that ever left into outstanding control accepts below many landed items in succession, begin to intervene management mineral products.
2008, because international economic situation reachs a country to strengthen macroscopical adjusting control, after developing via high speed of 5 years all right, west Hunan folk is leasehold enter crisis period.
In those days after local government leading group was adjusted March, the government is leasehold to folk hold no longer encourage an attitude.
At the beginning of September, because a series of group incident stop to stop payment ceases and appear. During this, legitimate local government and numerous collect money the business is certain with 3 months in the limit of, leasehold to folk problem gives according to different company, different situation deal with, but upgrade as group incident, place begins will numerous participate in fund raising company controller to control. In those days in December, because Ceng Chengjie collects money in order to be suspected of bilk is approved to arrest.
Feburary 2012, hunan Province is advanced Ceng Chengjie of 2 careful court decision makes people court collect money crime of fraud, sentence capital punishment. This becomes West Hunan to collect money by public prosecution case in, be sentenced exclusively capital punishment case.
On June 14, 2013, top people court maintains a the Changsha City court decision of first instance of intermediate people court, make capital punishment approve. On July 12, the Changsha City intermediate people court is executed to Ceng Chengjie.
"Throw a lot of illegal question on the program, sheet is an asset evaluates a report, did not appear in process of front courtyard careful from beginning to end, and this report is crucial to details of a case. " lawyer Wang Shaohua is in Ceng Chengjie case gets involved when 2 careful, but he discovers, the Changsha City before first instance is intermediate people court make " wait about Ceng Chengjie of the accused person collect money the proposal that one case complement investigates bilk " in, already indicated namely be short of break asset to evaluate, Qing Dynasty produces appraisal of nuclear endowment circumstance.
But after tone applying for to take to the court in Wang Shaohua, asset evaluates a report to fail to see from beginning to end, it is king and media reporter classics instead try hard with all possible means, found evaluate an unit, obtained this report.
"The problem inside is apparent, asset was underestimated apparently. House property evidence has been obtained after for instance a few house property at that time build, but evaluating build a project in order to be in to undertake however. " Wang Shaohua thinks, although be less than assets of 3 houses company according to this,the asset of 1/3 assesses real value report, if handle the policy of financing of West Hunan folk according to Hunan government, do not calculate accrual, repay market capital gold, still have two hundred and eighty-eight million seven hundred and seventy thousand yuan profit.
Accordingly, place of public prosecution mechanism appeals to " 3 houses company causes 620 million yuan pecuniary loss to financing masses " nonexistent.
518 million " error " suspicion in one's mind
Expert north face shirtsothe most popular selling norton internet antiviruspwatch case openerinion book points out, what place of judicatory accountant appraisal is aimed at is the financial accounting issue that involves in lawsuit, can reflect the financial accounting cothe most popular norton internet antivirusndition that company place registers only, the evaluation of real to the enterprise business data and economic activity circumstance, cannot accomplish of hundred mix in the round objective.
Although only detailed reads 2 careful to adjudicate, can discover 21 pages are mixed piece now the backside of two kinds of computation of 91 pages, existence is as high as 518 million " error " .
Wang Shaohua expresses, after reflecting this report to judge of check of highest courtyard capital punishment, the other side expresses care quite at that time, exhort he should obtain original. But after this applies for tone to take for many times, the problem in evaluating asset the report is mirrorred to various court, procuratorate, be without progress however.
Besides this one significant evidence, wang Shaohua thinks another appears in 2 careful judgment directly medium " error " , also can be discovered easily, become let highest courtyard send heavy careful after the 2 adjudgement of basis —— of this case come out definitely, he begins to be mirrorred to highest courtyard with respect to this one problem namely.
It is in the 2 careful judgment of 111 pages, the 21st page says up to case hair when, still gold of capital of 1.77 billion yuan of market did not remand. But 91 pages say again however, 3 houses company raises funds cash rate is 50.1% , already cash 623 million yuan, still need cash many yuan 400.
"Already 623 million yuan this of cash plus this many yuan 400, 50.1% be amount, computative, can discovering to gold of repayment of capital did not return when case hair should be 1.25 billion yuan, with in front 1.77 billion yuan when say differ 518 million yuan! " Wang Shaohua's lawyer says, this onefree norton internet antivirus computative still build in hypothesis accountant appraisal completely true, external state of affairs falls.
In fact, a year before, the persspring poolon that include 9 criminal law such as Gao Mingxuan, Zhao Bingzhi, Chen Xingliang to learn ever was aimed at Ceng Chengjie case technically to had made an expert prove legal opinion book, spoke of the effectiveness problem of judicatory accountant testimonial technically among them.
Expert opinion book points out, what place of judicatory accountant appraisal is aimed at is the financial accounting issue that involves in lawsuit, can reflect the financial accounting condition that company place registers only, the evaluation of real to the enterprise business data and economic activity circumstance, cannot accomplish of hundred mix in the round objective. To collecting money illegally case, involve the cognizance of the fact such as assets number especially, must undertake professional audit and asset are evaluated.
"The result is, two asset evaluate a report to did not appear on the court, and provision of according to law, this must be shown to the accused person, and the accused person disagrees to still can put forward to apply for a reappraise. " Wang Shaoguang thinks, no matter be this one " error " , still be error backside is short of break evaluate appraisal evidence, it is the flaw with this most clear case, but this fails to drive highest courtyard to make the decision that sends heavy careful however.
Likewise wide those who suffer doubt is, ever case have not when open a court session, its asset already was dealt with namely, and deal with the process has no accurate information to appear up to now. But can discover from relevant data, its are all asset is baled to West Hunan place vassal state of a city has a company, and this enterprise breaks up this asset bag again make over sell, the estate item that sells another provincial and state-owned business among them is 330 million yuan, ground of one family belongs appears on the market a property that the company buys is 150 million yuan, have mineral products project additionally by with many yuan 7000 case pat valence to be patted.
"Have no belongings of adjudicative work off to break the law above all, next so apparent sacrifice, cause pay off to collect money the paragraph decreases apparently, this also is to form alleged to collect money masses brings loss place. " this one viewpoint of Wang Shaohua is emphasized to emphasize by lawyer and the scholar such as Chen Youxi, but as be in in recent years E Er is much this, the civilian leasehold i want modern dining chairscase that Wen Zhou and other places appears is same, this kind of asset that adjudicates at the court first deals with means, wide for popularity wide also suffer censure, did not see however stop.
On July 16, before Ceng Chengjie memorial meeting, wang Shaohua receives Beijing rule assist phone, say to have many ever the case person that collect money will head for memorial meeting spot, remind Wang Shaohua the attention is safe. And Wang Ze tells each other, nearly 1000 when the plan comes round person that collect money, it is to grieve over Ceng Chengjie, they body of the Ceng Ji before this writes to a hope to be able to sentence Ceng Chengjie gently to concerned unit.
But final, the person that collect money is barred fall in the phoenix town around, fail to arrive.
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