In late June, 10, a post about the official documents of Gansu Provincial Administration for Industry and Commerce being openly robbed and the public servants being beaten was circulated in many online forums in China, with videos, screenshots and other related materials attached to it. According to the information provided by the net post, the official document robbery occurred in the office building of Gansu Provincial Administration for Industry and Commerce. A Wenzhou businessman named Zhu, more than 10 "co-perpetrators" including Zhu, several billionaires and even four lawyers organized and implemented the above acts. Lang Lang Gan Kun was so strange that there was a lot of discussion at that time.
The reporter went to Lanzhou to investigate the incident of "grabbing official documents" spread on the Internet, and found that it did happen, but the reasons behind it, especially the local handling of this incident, were intriguing-a series of lawsuits were triggered between local Wen Shang due to equity disputes, and the inaction of government departments led to the escalation of contradictions. Finally, after correcting the administrative inaction of the lower departments, the higher administrative departments became the object of anger of one of them, and even were besieged by organized troops, threatening to create mass incidents.
In the face of this series of vicious incidents, the local authorities were actually frightened, and shelved all issues including the incident of grabbing official documents with the idea of maintaining stability, which led to the incident continuing to deviate from the legal track, further aggravating the accumulated grievances between Wen Shang, and also brought greater challenges to the local work of maintaining stability.
This rare case reveals a common problem-stability and the rule of law. Why do these two propositions, which should not conflict, become a difficult multiple-choice question in front of relevant departments?
Before and after the official document was robbed
654381On the morning of 23 October, the reporter came to Gansu Provincial Administration for Industry and Commerce. After expressing his willingness to interview, the staff in the reception room revealed that the official document was robbed in the Policy and Regulation Department of the bureau, and Zhang Yuguang, the director of the Regulation Department, was beaten, which was known to all the people in the Gansu Provincial Administration for Industry and Commerce. The legal department is located on the sixth floor of Gansu Provincial Administration for Industry and Commerce. Director Zhang Yuguang was cautious about the reporter's visit, but he didn't hide his disappointment. "This happened here, and the documents have not been returned yet, and I have not got the statement." Director Zhang Yuguang didn't want to judge the nature of this matter, so he asked the reporter to go to director Dong Mingkun who was in charge of publicity. "Official documents were robbed and people were beaten. Director Zhang is of course angry, but his caution is excusable. " Director Dong said.
The official document robbery took place on the morning of September 2 1. According to informed sources, at 9: 00 a.m., Zhu, Chen Yudong and other Wenzhou businessmen who were doing business in Lanzhou 10 came to the sixth floor of Gansu Provincial Administration for Industry and Commerce. Chen Yudong and another woman first entered the Legal Department and asked to see the original administrative reconsideration decision with the document number "Gan Gong Fu Shang Jue Zi No.2012 No.002". It was Zhang Yuguang who received them. Because Chen Yudong and others could not produce valid identification, Zhang Yuguang refused to copy and take photos out of caution. "Zhu Guofan suddenly pushed the door and came in. Director Zhang quickly put the documents in the drawer, and then Zhu Guofan pretended not to do it."
According to informed sources, Zhu, who returned to the corridor, went to the elevator hall and repeatedly discussed with his companions waiting there. 10: 57 or so, Chen Yudong once again persuaded Zhang Yuguang to take out the administrative reconsideration. Just as he took out the document again, Zhu pushed the door again and snatched it from his hand.
The camera at the elevator entrance on the sixth floor recorded the scene after Zhu and others planned in advance and snatched the official document. Zhu grabbed the official document, ran to the elevator, and gave it to the companion waiting here, who escaped from the fire elevator.
After the official document was robbed, Zhang Yu shouted to catch up. 10: 58, he appeared in the video recorded by the camera. It is obvious that he is anxious, and civil servants from other offices are coming to reinforce him. Then a surprising scene happened. Zhang Yuguang was pushed to the ground. According to informed sources, the other party hit him in the face, kicked him hard, and then swore at Zhang Yuguang. After being beaten, he and his colleagues followed the fire escape and finally captured Zhu, the mastermind.
Director Dong Mingkun said that it was the first time since the establishment of the Provincial Administration for Industry and Commerce that this happened, and the leaders and ordinary employees of the bureau were very angry. "Robbery of official documents, this is a blatant crime! This is the first time I have heard of it. Now some bosses think they can do whatever they want with money. From their actions, we can see how brave they are! "
For the video circulating on the Internet, Dong Mingkun admitted that it must be from the inside story of the Provincial Administration for Industry and Commerce. As for how it was circulated, he couldn't say clearly. Dong Mingkun explained that it was the first time to encounter such an unexpected situation, so that Zhu's accomplices snatched the official document and ran from the sixth floor to the lobby on the first floor along the fire escape, successfully escaping from the industrial and commercial bureau.
According to informed sources, Zhu was very arrogant after being arrested. Zhang Yuguang negotiated with him for two hours and asked him to return the official document before 3 pm. It can be considered as an impulse, and he will not be held accountable. "Zhang told Zhu that I was beaten by you, but the official document must be returned to me, otherwise I would be dereliction of duty if I didn't keep it. I am sorry for the Industrial and Commercial Bureau. " Zhu mankou promised and was released, but he didn't keep his promise. Later, Zhang Yuguang called him again and urged for official documents, but it still failed. "We still want to be nice to entrepreneurs, so be tolerant, but in this case, we have to call the police." Dong Mingkun explained.
The security office of Gansu Provincial Administration for Industry and Commerce called the police at about 5 pm on September 2 1 day. According to the first paragraph of Article 280 of the Criminal Law, the crime of robbing state official documents is punishable by fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than 3 years 10 years. However, a month later, the police did not take action against Zhu, so the director could not hide his complaint. However, Dong Mingkun said that the leaders of the Provincial Administration for Industry and Commerce are also indignant and will definitely hold Zhu accountable. "This matter has entered the judicial process. As for the stolen documents, it is not important to return them. There is naturally! "
The official document was robbed and the director was beaten. This is indeed a shame for the Gansu Provincial Administration for Industry and Commerce. Someone said in an interview that it is not just the dignity of the industrial and commercial bureau that is damaged. "This face is not one of us."
After the incident, Gansu Provincial Administration for Industry and Commerce strengthened safety management. During the interview, the reporter happened to meet a staff member of the archives room and asked Dong Mingkun for advice on how to prevent looting.
"Who wants to check the archives in the future, lock the door first, return the documents and let him go!" Dong Mingkun looks serious. "Director Zhang's lessons should be learned."
Zhu organized and planned to rob official documents of state organs. According to Dong Mingkun's understanding, there is a complex background of equity disputes within the enterprise.
Some employees of the Provincial Administration for Industry and Commerce complained, "In fact, it is the trouble caused by Lanzhou Administration for Industry and Commerce."
However, Dong Mingkun believes that none of these can be used as a reason to rob the official documents of state organs.
Administrative omission dispute
The incident of grabbing official documents, which caused a sensation in Lanzhou business circles, actually originated from "internal contradictions in local Wen Shang" and was a contest between Wenzhou Yongjia Zhu and Wenzhou Yueqing.
It is understood that Lin Xiantong, as the executive president of Wenzhou Chamber of Commerce in Gansu Province, engaged in clothing wholesale business in Lanzhou 199 1 year, and later established Gansu Ruixin Real Estate Company. Up to now, he has invested more than 6 billion yuan in real estate projects in Lanzhou. The 48-year-old Zhu sold cotton for the first time in Xinjiang, earning the first bucket of gold100000 yuan. In 2002, he used this100,000 yuan to raise 5 million yuan to buy the original Shanghai Jinda cotton mill, which was later transformed into Shanghai Guo Yao Textile Co., Ltd., and then set foot in the real estate industry. In 2005, Zhu and his brothers-in-law Chen Liangtong and Ye initiated the establishment of Gansu Yongrui Real Estate Development Co., Ltd. to develop Lanzhou Creative International Trade City. Zhu is the legal representative and Ye is the general manager.
However, according to Lin Xiantong, the project of Creative International Trade City could not be promoted smoothly because of the shortage of funds and the infighting among shareholders. "The key issue is that Zhu has been taking a road of development by social fund-raising. He has two real estate projects in Zibo, Shandong Province, and one of them has invested nearly 300 million yuan, all of which are raised by Yongjia fellow villagers. " It is reported that Zhu has been using the method of robbing Peter to pay Paul in many of his projects for ten years, but it has not produced benefits. Under such circumstances, in October 2011010, due to financial pressure, Zhu and Chen Liangtong found out through Ye and proposed to transfer 43% of their shares in Yongrui Real Estate to.
Because he is not a shareholder of Yongrui Company, and the equity transfer must be carried out among shareholders according to regulations, Ye bought the equity as the representative of. On 201112, Zhu and Ye signed the Equity Transfer Agreement, and Zhu transferred all his shares to Ye. Three days later, Yongrui Real Estate Development Company held a shareholders' meeting. Five shareholders unanimously agreed to transfer all the shares held by Zhu and Ye, and changed the legal representative to Ye, and formed a resolution of the shareholders' meeting.
On June 65438+1October 265438+1October of that year, Zhu, Chen Liangtong, Ye and others submitted the change materials to the professional market management branch of Lanzhou Administration for Industry and Commerce, and handled the registration and filing of the change of equity and legal representative. "But I later found out that Zhu had used his own equity to raise money from the society many times before trading with me, and one woman married more than one woman, involving hundreds of millions." Lin Xiantong revealed: "He even cheated a triad leader in Lanzhou. Those who were cheated by Zhu forced him to go back on his deal with us. In this way, Zhu's wife threatened to jump off a building and refused to change the city's industrial and commercial bureau. "
The dispute arose from this and went to court. Zhu told the court that he was cheated by Ye because of financing needs, but it was actually a guarantee contract, not an equity transfer contract. The reporter noted that on April 24, 20 12, the People's Court of Chengguan District of Lanzhou City ruled that the equity transfer agreement signed by both parties was legal and valid. On August 24, when Lanzhou Intermediate People's Court tried again, it revoked the judgment on the grounds of unclear facts and sent it back for retrial.
The dispute has not been concluded, so the change of equity has been put on hold. However, Lin Xiantong insists that the equity dispute has nothing to do with changing the legal representative, because it is completely a matter of two legal categories. Therefore, Yongrui Company applied to Lanzhou Industrial and Commercial Bureau twice to change its legal representative to Ye on June 8, 20 12 and June 3 13. However, Lanzhou Industrial and Commercial Bureau has not registered the change for a long time. To this end, Yongrui filed an application for administrative reconsideration with Gansu Provincial Administration for Industry and Commerce.
On 201September 18, Gansu Provincial Administration for Industry and Commerce made an administrative reconsideration, revoked the specific administrative act of Lanzhou Administration for Industry and Commerce against Yongrui Company, and demanded that an administrative decision be made on the legal representative's application for change of registration within 7 days. This is the official document "Gan Gongqing Zi No.2012 No.002" that was later snatched by Zhu.
Looking closely at this administrative reconsideration, there is actually no position on whether to agree to the change. The Provincial Administration for Industry and Commerce only requires the Municipal Administration for Industry and Commerce to "act according to law".
Unexpectedly, Zhu Ba of the Provincial Administration for Industry and Commerce got angry. After stealing official documents and beating public officials, Zhu took the provincial industrial and commercial bureau to court.
"Is it wrong for superiors to ask subordinates to act according to law?" The person in charge of a department of the Provincial Administration for Industry and Commerce is puzzled.
Maintain stability and the rule of law?
What surprised the Gansu Provincial Administration for Industry and Commerce even more was that four lawyers actually participated in the incident of grabbing official documents, and on the third day after grabbing official documents, that is, on September 24, Zhu also organized dozens of people to besiege the Gansu Provincial Administration for Industry and Commerce and demanded that the administrative reconsideration book be revoked. According to informed sources, Zhu also submitted a threatening letter to the industrial and commercial department, saying that if he did not follow his instructions, he would organize more than 1000 people to make trouble. The Jiuquan Police Station in Lanzhou confirmed that they had received the report from the Provincial Administration for Industry and Commerce, but more details should be learned from the Chengguan District Public Security Bureau.
The person in charge of the task department of Lanzhou Chengguan Public Security Bureau worked on the spot and learned about the case from the case handlers. He said that the situation was complicated at that time, and Zhu had planned to organize demonstrations, which were stopped by the public security department in time. In order to maintain stability, the incident of "grabbing official documents" was put on hold for the time being, so as not to arouse more troubles. "Before the investigation is clear, it cannot be qualitative. It may be robbing, it may be pumping, and it may be taking. " According to the Jiuquan police station, it was not official documents that were robbed, but "materials". The person in charge of Feng said, "Even if it is not an official document, it is wrong for him (Zhu) to do so." However, the reporter noticed that the interviewed personnel of the Provincial Administration for Industry and Commerce and many local lawyers in Lanzhou insisted that the robbed documents were official documents.
When the reporter called Zhu, the other party insisted that he had been cheated. The reason why he took extreme measures against the provincial industrial and commercial bureau was because he felt unfair. According to informed sources, due to the intensification of internal disputes in Wen Shang, which even affected the local investment of both sides, Zhu actually controlled the construction site of the Creative International Trade City. It is said that people from Lin Xiantong were driven out of the construction site. The two parties to the dispute also accused each other of illegal fund-raising and fraud, involving hundreds of millions of yuan, and reported the case. Ye even reported that he hired a murderer Zhu. In order to resolve contradictions, Lanzhou Political and Legal Committee, Stability Office and other departments have organized and coordinated many times.
During the interview, many departments in Lanzhou expressed their hope to understand their pressure to maintain stability. However, the means of maintaining stability does not seem to help the incident calm down at present.
Lin Xiantong is very dissatisfied with the local government's overriding idea of maintaining stability. "Zhu Guofan therefore has nothing to hide and continues to use his legal representative to swindle and swindle. Once he escapes, the consequences are unimaginable. " For this reason, the attorney sent a lawyer's letter to Lanzhou Industrial and Commercial Bureau, demanding that the Industrial and Commercial Bureau adopt a completely restrictive warning system to restrict Zhu from being the legal representative, otherwise the losses involving more than 6 million yuan of the company and shareholders will be borne by the bureau.
An official of the Provincial Administration for Industry and Commerce questioned: "The act of robbing official documents must have a statement, otherwise where is the dignity of the government and the prestige of the law?"
"Is it so difficult to provide a fair platform and solve enterprise disputes by the rule of law?" Lin Xiantong asked. "Can I also use the pressure of government departments to maintain stability and get a balance in this contest?" (