Ceng Chengjie case introduction

  2003Years. Once outstanding through bidding Xiangxi government transformation of the old city works, but because Xiangxi is the side of the poor area, the lack of bank loans, so the local government to encourage private financing.Local90%Old people are involved in.

But to2008Years, has outstanding government after the project completed, the new leadership took office, the overthrow of the former leader's policy decisions, that this financing behavior as the illegal fund-raising, will Ceng Chengjie and other more than twenty private entrepreneurs arrested,Ceng Chengjie was detained shortly, the Xiangxi state government has not made the assets assessment will be in Hall three, company value23.8Billion in assets to3.3Million sale, and in2012Years Ceng Chengjie was sentenced to death.

Attached: "folk financing crime and Punishment -- to have outstanding case" seminar

(experts: Huang Jingping, Wang Xinxin, Xu Xin, Li Zhuang, Yang Zaiming, Yi Yanyou...)

Http://blog.sina.com.cn/s/blog_a7d040880101cizu.html

List of evidence and reports

Http://blog.sina.com.cn/s/blog_a7d040880101ci1w.html

Why have outstanding should not be sentenced to death

(a)        The second instance judgment that has outstanding constitute fraud qualitative error:

First.Ceng Chengjie did not spend in financing, but financing for all legitimate by

Camp, and is used for legitimate business financing amount is greater than the principal (see table).

Secondly, the second instance judgment that Ceng Chengjie Ceng Chengjie "in the name of others and investment company, project or a direct transfer of funds26484.878Million error(see "Ceng Chengjie the death penalty review of defense" article8Page3The three Hall, company investment Associate Company, which belongs to the legitimate production and operating activities, does not belong to the transfer of assets -- Part12Page No.5That's OK.

Two.        Three the company not to give people cause financing financing loss of principal, and as

If not the local government the goose that lays the golden eggs, three the company was worth23.8Billion yuan, is now worth more than40Billion yuan fine assets low-cost treatment to their wholly-owned enterprises, fully able to pay off the financing loan interestThe following chart (see "three Hall of assets and deducted from the payment of interest and customer bonus balance", and "Ceng Chengjie's work and accessories? Let the figures speak! Detailed description.

Three.In the case of lack of assets evaluation caused by the fact that is not clear (see the expert and the second and the death penalty review of Defense), especially the concealment of assets evaluation report and asset and capital verification report, and hide5.18Billion yuan of outstanding principal balance of the great error, should be reversed back to the court of first instance for retrial"(see AnnexA public prosecutor Ceng Chengjie found hidden assets in death penalty casesAssessment report reflects the situation and the written opinions "," a "Sindh Kaiyuan accounting firm Hunan branch of the "Sindh Kaiyuan special trial word (Hunan Branch2008) article138"The assets of the special audit report for" and "About Ceng Chengjie the death penalty review cases5.1759The great error billion request back to the original court of first instance for retrial or defense opinions by the Supreme Court to entrust the accounting identification", and"Ceng Chengjie the death penalty review of defense" article17Page"The second trial procedures, serious illegal" .)

Four.This case has the local government participation in the background, is the early stage10Years of folk financing public support,2008Years after the leadership change cruel blow(see Annex "Xiangxi folk financing group events who? ").

Five.Ten thousand steps back, even without considering all the above, in accordance with the provisions of the criminal law should not be sentenced to death Ceng Chengjie.

"Criminal law" the provisions of article one hundred and ninety-nine, make this section 192nd, one hundred and ninety-four, one hundred and ninety-five provisions of the crime. If the amount involved is especially huge and especially heavy losses are caused to the interests of the state and the people, shall be sentenced to life imprisonment or the death penalty, also be sentenced to confiscation of property.

Visible, sentenced to life imprisonment or criminal punishment, shall not require a huge amount of,And must have "especially heavy losses are caused to the interests of the state and the people". The court of second instance that is this:

1,            To finance the masses caused6.2Billion yuan of economic losses. In this regard, the preceding article (two)"Three the company not to give people cause loss of the principal financing financing,......." Have said very clearly.

2,            Caused the financing group events and the Wu Anying self immolation. In this regard, "NetEaseSeminar "deliberately misrepresent" part "and it has reference to evidence that the two trial that is wrong.

In the lawsuit. Have outstanding case in the two processes exist serious facts are not clear evidence, erroneous application of the law, illegal trial procedures, according to China's current judicial system for immediate execution of death penalty sentencing by "less killing" "kill carefully" principle, in accordance with the "life principle, irreversible" I request the supreme people's court for judgment so many problems can legally carefully this trial, the real implementation of the "judicial principle of taking facts as the basis and the law as criterion". Truly the highest courtyard dean Zhou Qiang said, "the court 1/10000 mistakes on the party's one hundred percent injustice, the courts at all levels should get rid of the bad influence and interference to a fair trial principle of fair trial". The law should be to support Undo (2011Hunan) high punishment two with the word no.60Number of criminal judgment of first "Ceng Chengjie sentenced to death penalty, criminal verdict deprived of political rights for life".