Marathon Mystery Weekend trial decree trainee reporter Li Xiuqing statute Weekend reporter Li Enshu from Henan Xinxiang within November 22nd, Wang Shansheng finally apt Henan Province Higher People tribunal decree of innocence .The ordinary cases surrounded the past four years ,after a trial tribunal sentence five times,according the Xinxiang City Intermediate People four remand ,finally amongst the Henan province high court retrial ,a total of six trials ahead finally closing .Wang Shansheng approved the principle of law on the weekend while the reporter is interviewed,with nice coats and weary heart two word expression because this trial feeling .Land transfer payments or Wang Shansheng is a typical small diagrams yet because be rather baffling the guilt of misappropriation of funds,is more than four years of marathon trials exhausted centre.In 2005 May,along the Henan province Xinxiang City Commercial Bureau accreditation ,Wang Shansheng served as the chief of the Xinxiang civic meat Co., chairman of the company .The chief of company namely never only one empty shell ,still owe virtually 3200000 yuandebt .Is one disaster after another,Wang Shansheng took office after second months ,the company chairman Zhang Liying with bags and the company owes to its borrowed 150000 yuanfrom the tribunal.The company accordingly according the tribunal apt freeze the accounts ,the conveyance was also seized.Companies operating among perplexing situations .At this phase Wang Shansheng and three otherdirectors and trustees Zhang Shile ,Wang Guangfu ,Guo Yuejun ,decided to put main entire of the company gas station south of the center of the land use right transfer among order apt save undertakings.Finally central company apt 2800000 yuan ambition begas station amid the transfer of land use right for Sinopec Xinxiang fuel company surrounded the early payment of 1700000 yuan,the two sides coincided the remaining 1100000 yuanto Xinxiang Petroleum Company reported higher-level acceptance of paid within full .According to several common king company gas station decided apt transfer land use rights board of testimony among outlook of the company was the former chairman of the embark of the prosecution, the case namely complicated the transfer of gas station land tenure decisions and never after all the shareholders meeting to consult the matter ,they plan to fully functioning once again to the additional shareholders publicly .The company among chief account has been frozen ,the creditor debt situation repeatedly urged ,Xinxiang petrol company paid 1700000 yuandoes never disburse.Wang Shansheng and Wang Guangfu ,Guo Yuejun ,Zhang world song collective consultation ,decided apt merge the 1700000 yuantried apt present onward Wang Shansheng custody ,everyone agreed the necessity expenses for the company .Wang Shansheng they longing be 1700000 yuan after removal on payment of land leasing 570000 yuan,380000 Yuan project,140000 yuan,taxes,and additional miscellaneous expenses ,the remaining 576000 multivariatestill maintained surrounded Wang Shansheng .
Subsequent investigations confirmed ,this 570000 yuan of cash namely never deposited within banks not because other purposes,yet namely arranged on a box store amid Wang Shansheng bed.To 2005 August,main had 3 months withoutpay .Wang Shansheng once again and Zhang Shile 3 men and women consult,from their preservation of the land transfer payments ,3timehas come up with bags and 145000 yuan to the king personally lend chief company because the salary of workers ,and apparently differentiate the cashier ,excluding interest .In 2006 March,the departure of Wang Shansheng chairman ,Zhang camp continues apt serve for chairman of the embark.Two months later ,Chen Huanhui of worker of company of generation Wang Shansheng has received 1000 yuaninterest ,that after the king said ,this part of money cannot be gotten,should be returned apt the company .It is helpless apt save the company ,take malleable measures ,I never intend apt obtain interest .Wang Shansheng demand is assisted by several other directors confirmation .Wang Shansheng a few shareholders were apparently violates the financial systems approximate,was eventually discovered — August 23, 2006 ,Huojia County Public Security Bureau on suspicion of the guilt of misappropriation of things Wang Shansheng detained,kept among his family money is a natural misappropriated asset he guarantee of guilt.Wang Shansheng told his wife, Wang Huifang :the department absence put the money .On September 5 2006, Wang Shansheng was caught aboard the same daytime his wife longing own the company funds 86000 yuandeducted, the remaining $345397.5 to the Huojia shire prosecutor .After the marathon among the lesson of the trial ,Wang Shansheng has two be surrounded custody duration because a utter of nine months and naught five days .The three trial of three sentencing Wang Shansheng after he was indicted ,ushered amid the continued apologize,constantly remand reciprocating circulation as well for the ups and downs of the dramatic trial sentencing .On January 24, 2007, the Huojia county tribunal apt the guilt of misappropriation of wealth shall be sentenced Wang Shansheng to 5 months.Wang Shansheng refuses apt obey,solicit.three months later ,Xinxiang City Intermediate People facts are never explicit,the guarantee namely insufficient,rescind the original judgment ,the remand .On October 10, 2007, the Huojia county tribunal again apt the guilt of misappropriation of things Wang Shansheng sentenced apt 5 months imprisonment.Wang Shansheng maintains his innocence ,the second solicit.In December 13th of that yearly,the Xinxiang intermediate men again to rescind the original judgment ,the remand .Reason namely still truths are never clear,absence of prove.Wang Shansheng within all the truths are never changed ,the Huojia shire tribunal in third retrial,apt the guilt of misappropriation of asset was sentenced apt 5 years in prison .The third time Wang Shansheng beg,the Xinxiang intermediate men criminal rulings alternatively rescind the aboriginal judgment ,the remand .On July 25, 2008, the Huojia County Court on the case for a fourth trial ambition return to the origin — Taking the guilt of misappropriation of things Wang Shansheng sentenced apt five months imprisonment.In the face of Wang Shansheng fourth apologize,the Xinxiang intermediate children firmly want be remanded apt the annihilate,ball and kicked back to the court of first instance .On April 13, 2009,coast jocasta one shoulder dress purple, the Huojia County Court aboard this case made fifth times a judgment to the guilt of misappropriation of asset Wang Shansheng sentenced apt 9 months imprisonment,while Wang Shansheng has retrieved a measure of 86000 yuan .
The fifth period Wang Shansheng beg.But this phase,the Xinxiang intermediate people and the court of first instance among stalemate for a few years later ,a 180 degree corner,finds Wang Shansheng to capture and use their position to dispose of 145000 yuan of money,its movement already constituted the guilt of misappropriation of asset.Accordingly ,the Xinxiang intermediate people aboard June 11 2009 apt make a ruling dismissed the beg,maintain aboriginal judgement .A source told the principle of law Weekend reporter ,Wang Shansheng two detention time a perfect of nine months ,two levels of courts in order apt crash the deadlock,coast symphony short dress size 12,apparently out of communication ,finally take the tangible custody period sentenced Wang Shansheng discipline,it is obviously superior court compromise.Wang Shansheng strongly disagrees with the final judgment ,and to the Xinxiang intermediate men appeal,was rejected .Subsequently, the Wang Shansheng to the Henan Provincial Higher People appeals,insists he never seek a cent accretion apply acquitted .2010 May,Henan province high tribunal decided the case .Meanwhile ,the Henan province Procuratorate among 2010 October apt the Henanprovince high court lodge an apologize against the Xinxiang intermediate men Wang Shansheng ,cognizance of guilt of misappropriation of asset is never built.Henan province lofty tribunal retrial ,Wang Shansheng. 1700000 yuanthe land transfer payments and namely responsible because the company apt operate the important expenses ,halter dresses coast,the decision namely within the company accounts were frozen ,the company running exceedingly difficult condition onward the surrogate common manager of the company and the main board to discuss common ,and its 1268602.5 yuanhas been accustom because necessity expenses .Moreover, the land transfer payments of $145000 toWang Shansheng personally loaned apt the company merely also with fashion clothing and the company responsible because the deliberation decision,whatsoever the calculation of interest,prom dresses,but Wang Shansheng did never use a penny,also did never receive interest and causing any abuse.The retrial was also identified in addition apt capital company must expenditure 126802.five yuan,Wang Shansheng did not arbitrarily use had been kept surrounded the household of 431397.5 yuanof money .Therefore however Wang Shansheng with bags and individual appoint will reserve their own element money to lend apt the use of units of the fact explicit but it does not constitute the crime of misappropriation of things.In November 22, 2010, Henan province lofty court decided to retreat from a trial tribunal,declaring Wang Shansheng .Remand explanation later be long amid coming while a judgment of acquittal has finally become a reality ,fighting for more than four years, Wang Shansheng principle of decree among one interview with fashion clothing and reporters at the weekend yet said the megalopolis tired impartial received the decision ,my strength is never.The truth that simple tiny case ,why has four remand ?Court of second instance why never directly alteration the original judgment ?What are the factors that guide apt the case among the first instance and the tribunal of second instance hit the ball ?In truth there is no dispute case ,why sentencing differences so great ?A series of questions not as Wang Shansheng was acquitted of the guilt and the end of .Xinxiang quadrangle namely a prerequisite never apt expose the assign of the person in dictate apt adopt the principle of decree weekend interview with fashion clothing and reporters because instance if the direct beg cases ,revision want inevitably be considered peers and subordinates relationship among public security organs ,the determine is facing great suppression.In addition amid some cases ,the defendant to tribunal hardship,containment gate ,even the case namely a tribunal of 1st instance never apt the court,began to court difficulty.This namely the aboriginal never arose problem is now generally .As a sequel justice without administration rely aboard law can never solve the problem ,some cases have been several years in a sentence ,the court also have no way.It is among this context ,especially surrounded some of the background of complex cases ,the lower court that the decision was wrong,yet because of never biased,wish the superior court exchanged ;and the superior tribunal does not take hot potato ,the contradiction in his body .So immediately the court system namely a kind of popular unspoken principle :who the babies who hike,the superior court to the lower court did never paucity to carry a problem .So ,have repeatedly remanded the marathon trial .In some cases ,the second direct apt the never so agreeable,let a tribunal apt correct .The Xinxiang intermediate children of the responsible person said for distant for feasible within the basic solution ,cannot let the tribunal and the procuratorate relation also stiff .Opened each phase rehearing judgment ,the truth is unclear absence of guarantee has already chance a formula because having listened it many times quite hard apt distinguish the remand remand and last what different reasons .In this story later has slit ceaseless supervise to return chaos within the intricate background .Then ,Wang Shansheng this namely in violation of the financial system problems ,what evolved into the criminal case ,and the tribunal namely never upheld the lower court judgment ,can directly change the original judgment then surrounded fact without any change surrounded the circumstances to the lower court because compromise advocate a culprit judgment?Xinxiang interviewed center responsible person not direct answer to the reporter questions .When the Xinxiang intermediate children because of repeated remand and should bear some reproach,Henan province lofty court among the same access the Xinxiang intermediate girls and boys adjudicate a repeatedly remanded for retrial .The responsible person confirmed surrounded their hands immediately have been provincial repeatedly remanded the case .Henan provincial apparently noticed this problem .In September 16th of this annual Henan Province High Court on remand provisions ,the province at always levels of tribunal trial of second instance requirements and the retrial case according to the statute should be cautious,rigid principles and remanded .second instance or the court of retrial for the aboriginal judgment facts are unclear or the guarantee namely insufficient to remand a case ,only not within truth is unclear or the guarantee is not enough grounds apt remand .The Xinxiang intermediate children vice chancellor Wang Ruyi to think,among judicial exercise,ought minimize the remand for retrial yet the courts by always levels of the current existence of a case of recurrent remand ,protracted problem .

Posted by: dieseljeans at 12:42 AM | No Comments | Add Comment
Post contains 2043 words, total size 15 kb.