129773438557656250_27Normative judicial enforcement auctions, master of the Court is not enough, also beware of other intervention. (Beijing morning news Ning Wu antisense oligonucleotide targeting/CFP/) boss something, enterprise was sentenced to death, the innocent suffer, in market economy countries is certainly not a normal phenomenon. Profit only by public authorities, criminal means to abuse behind is in fact power intervention in the economy.Court sentenced now a forfeiture of a certain "all personal property" and other property to shiver in his heart: enterprise will fall, assets failed, even the wife and kids that will also be taken. In a series of major cases of economic crime in recent years, criticized treatment of the property involved was: in front of the Court, property has begun to be forced and relief mechanisms for supervision andIn vain. China University of political science and law professor Fan Chongyi said about relief system of the property involved, has been put on the central judicial reform agenda. He recommended the establishment of a legal mechanism for judicial review of the approval of the supervisory authority, carried out by the supervisory authority to approve the law, "just when the freezing of property of the parties". Leadership team "fully take over", "Chinese private oil first person", HubeiGong Jialong 2006 is the legal representative of the group, and soon, made up of one led by Deputy Mayor in charge of the economy in Jingzhou city "risk address group" comprehensive group took over days. Wu Shang Li, Chairman of prosperous companies in Anhui Province, in September 2011, due to "illegal fund-raising scam" ne bis in idem was sentenced to death. At the end of 2008, Wu Shang Li shortly after his arrest, bozhou city CPC Committee and the municipal governmentSet up a "prosecuted and prosperous company coordination leading group". Many investors say, has not in the first instance judgment, the company was closed down factories, office buildings and projects, office buildings are privately rented, originally worth hundreds of millions of Hainan block, to purchase price was a secret transfer of a few years ago. Recently was sentenced to death by Hunan provincial higher people's Court of the second instance of jishou entrepreneur Zeng Chengjie, before the first instanceHis property has been led by Luo in Hunan Province "of xiangxi ' 10·2 ' series of illegal fund-raising special investigation group" all secret disposal. In recent years, many of the major cases of economic, there are various "XX group" of the shadow, which in addition to the investigation and handling of cases, has also been directly involved in the disposal of the assets involved. "This is a disguised illegal. "China University of political science and law professor Chen Guangzhong told southern weekendJournalists, with Chinese characteristics of the Panel package of executive power, but in accordance with the legal provisions, once judicial proceedings, the executive authorities have no right to interfere. Lawyer Zhang Ren XING company investors told journalists at the weekend in the South, the disposal of company assets have not involved with the transfer of cases to the courts, local government asset disposal has a strong arbitrary and dispose of the result is not open, opaque, Easily lead to property loss and damage. Moreover, these behaviors tend to occur before the Court ruling, the assets have not been formal qualitative, it has been previously posted on "illegal" tab and then disposed of. Chen Guangzhong, think, contrary to provisions of the criminal procedural law on property disposal, "unless it is dead or escape, or otherwise disposed of in court after the entry into force in order to. "AwkwardSituation happened. In May 2002, Meng Xiaolei, Chairman of a non-government school in Beijing for alleged "misappropriation", was sentenced to 7 years in yangquan, Shanxi province, in July 2002 in Shanxi province High Court judgment of innocence, yangquan attorney to "confiscated" by refusing to return seized property, including a Toyota sedan and $ 990,000 in cash. This is not a solitary case. In 2008August Gong Jialong is "crime of breach disclosure, not disclosing important information" sentenced to 1 year and 7 months in prison. After complaints, September 20, 2011, the Court commuted Gong innocence, but its public company stake in etsong S*ST day on November 22, 2006 was the full transfer. A sledgehammer to kill a chicken, and they suffer bozhou city, officials said, was urgently addressed the nationDivision of property involved, is to "maximize protection of the safety of people and property", but the case has 3 years, investors say they not only did not get a money compensation, the special team has yet to announce the disposition of property. Because most of the similar project does not take the bankruptcy procedure, but the Government managed, Enterprise completely deprived of the rights of investors and creditors. In accordance with the provisions of bankruptcy law, creditor's rightsPeople considered administrators cannot perform their duties according to law, justice or the other cannot be qualified for duty, can apply for the people's Court replacement; if for the Court to dispose of assets discontent, creditors can put forward objections. Criminal defence lawyer Chen Youxi thinks, shut down the Government parties are legitimate enterprises, secret transfer of equity in the operation, also suspected of violations of the Act, "publicSecretary's highest authority is the general meeting of shareholders, the company's normal business activities, the Government has the right to interfere ". Top Chongqing industrial (Group) limited Li Qiang, head of 2009 involving imprisonment. According to the financial report, Li Qiang judgment after the entry into force, the company managed by the special investigation group to the banan District Government, which set up a working group. According to the officers of the Working Group, although the company by Li QiangSupport agent management, agent shall be examined by the District Government, the selection. "Now strong industry of Chongqing Government. "In May 2011
star wars credits, Wu Li in the bozhou, Anhui after the judgment of first instance, over more than 600 investors entrusted a lawyer to the Court of bozhou, Anhui civil proceedings, but the Court" criminal section has not yet been completed, temporarily not accepted "rejected. ForInnocent investors and creditors, the biggest stumbling block in favour of their property rights, is "the first sentence after" judicial practice. Finished when the criminal procedure, victims are often found property also followed up, has no real right to speak of. In accordance with the provisions of the criminal procedural law, if the victim suffered material losses because of the defendant's criminal actions, in the course of criminal proceedings, the right to bring withCivil proceedings. But judicial interpretations of the Supreme in 2000 and to limit the scope of civil suit collateral to criminal proceedings as "suffered material losses due to criminal violations of their personal rights." Therefore, such as victims of illegal financing case, can only be recovered according to the law or order of the Court after the return and compensate, civil proceedings separately. Because businesses involved often shut down by the rude, assets have beenEarly treatment and procedures are not transparent, China University of political science and law professor Chen Guangzhong, saying, "after the first sentence" led to a direct consequence is that "conviction sentence may not be so in criminal cases, civil part has suffered a great loss. "Another dispute is," civil and criminal case ". In the Fund-raising fraud is most typical, is the Fund raising fraud civil fraud, was a criminal fraud, there are differentView. Originally belonging to the economic and civil disputes between shareholders, because of the involvement of the local government, rising to the criminal case. In October 2008, Xu Ronghua Jiangsu Muyang Group shareholders held, local prosecutor personally to the detention center to sign the equity transfer agreement. "When he said that as long as I sign immediately acquitted, otherwise is not good give me a count."Memories that he transfer his fortune shrank overnight 90%. Sector profits, monitoring absence just dip the top of the case with the sector, almost all involved in "justice", particularly the treatment of the property involved. "The property involved is a large fat meat, and courts wanted a piece, often over. "Chen Guangzhong, said that as far as he knows, in some placesCoordination of local Luo stepped in. 2010, several provisions of the Supreme People's Court on the property punishment implementation issues stressed that property punishment by the people's Court of the first instance responsible for referees implementing agencies. According to the criminal procedure law provides that "judgments of confiscation of property, regardless of the additional application or an independent application, were executed by the people's courts; when necessary, the Court may in conjunction with the public securityAuthorities for execution ". In reality some of the public security organs often choose to go it alone. Big shopping mall in Chongqing (Holdings) Ltd legal representative team when in February 2010 was sentenced to life imprisonment for Mafia, according to the financial reports, in addition to the horse when the account deposit, is responsible for implementation of the Court of first instance and the remaining southern plain of implementation by the Chongqing Municipal Public Security Bureau, "Chen mingliang, MA when the special investigation group" solely responsible for. “Initiative to be stronger than the courts work of public security organs, which is characteristic of Chinese justice, handling cases with funding tight, troubled by difficult out of the Department of public security interests. "A judge told journalists at the weekend in the South of Chongqing. Assets assessment bodies specified directly by the public security, and because it is involved in property, little-make inquiries short for Tianjin, price has abnormal low. Madang Attorney Yang Liu told the SouthJournalists at the weekend, the special team informed of Hainan block sells for $ 350,000/acre, but according to him privately about, the actual transaction price of 450,000 yuan/MU. Although the judgment after the entry into force of two auctions ended in a stream, but sealed up to the auction, when family members knew. Life due to the horse when the confiscation of all property is hopeless Madang family had more than once to apply to the courts in Chongqing give a horse headPeople living, Madang, and split families and community property, but were rejected. Criminal Code provides that "when in sentence of confiscation of property, shall not be confiscated or property owned by the families of criminals". Jishou entrepreneur Zeng Chengjie be determined illegal fund-raising 3.45 billion, of which 830 million unable to repay. His defence lawyer Wang Shaoguang believes that before the incident, the company's assets assessmentValue of 2.38 billion, have the ability to repay the debt, but special group refused to evaluate, its full realization of good assets, for example, the Shaoyang hotel price $ 90 million of the total 250 million, as a result, the Court held that the company insolvent. Almost wiped out investors, creditors, but the sector is profiting. Wang Shaoguang says, "people Museum" now in effectHanging is the brand in Hunan Institute of three Museum is located in the core business area of "jishou trading world" first taken over by the Thai asset management company in Hunan province, and "through open auction" to finance investment in xiangxi of Hunan real estate company. According to Wang Shaoguang access to business information, "Finance" shareholders of the Hunan provincial people's Government, "man Tai" shareholders of the Hunan provincial Department of finance.For major cases of economic assets, supervision of Procuratorate often in sight. A local prosecutor explained in Zhejiang, mainly because it is "ad hoc" reasons. According to his observation
diablo 3 gold, in the General case, the public security authorities if you are seizure on the property rights of the parties, public prosecutor's Office to see if the procedure is complete, whether legal, but as soon as turned into after the project, public prosecutor's Office will relax the policeWatchful. "Because in the special investigation group
buy swtor, public prosecutor's Office the same research for just a participation in coordination role. "Every time xingbang lawyer Zhang Ren went to some investment in bozhou City Public Security Bureau when you understand the disposition of assets, they always reply: you went to the special investigation group. "But where to find it? Special Investigation Group is a loose organization, relevant staff are part-time, no daily institutions, "Zhang Ren withoutNaidi says, "now the disposition of assets, is leading the Government, without any legal procedure. "In January 2010, due to the prosperous company investors protest, bozhou City Public Security Bureau organized in connection with the property auction was forced to die young, at this point, a decision has not been issued. Even last the Court really to auction, some prosecutors often wink at sth bizhiyan. "Disposition of property rightsSurfaces, both organs of the Court, and executive bodies, departments are different. In many cases, prosecutors cannot say they did wrong. "The Prosecutor said. (Southern weekend) (Editor: Song Yuxin)
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