The provinces, autonomous regions, municipalities directly under the central government, the Public Security Bureau, bureau: Recently found that some grass-roots public security organs to investigate fraud, economic crime case name, directly intervene in some cases of economic disputes, and some even forced for a party, held hostage for the other party, force the cable material; some also according to the proportion of the amount in dispute in the Commission take advantage from. This is a serious offence, which interfere with economic disputes in accordance with the law of justice, violation of legal persons and the legitimate rights and interests of citizens, but also damage the image of the public security organ, must be resolutely corrected.Therefore, the following notice: One must draw the line, economic crime and economic disputes, in strict accordance with the law. In the current economic crimes such as fraud, play the market is becoming more and more serious cases, investigated and dealt with according to law shall be under the jurisdiction of the public security organ according to the jurisdiction of the division of economic crime, it is an important responsibility of all levels of public security organs. The public security organ shall attach great importance to crack down on serious economic crime work, take effective measures, concentrate on investigating major cases, in order to ensure the improvement of the economic environment, rectifying the economic order smoothly. In the work, attention should be paid to draw a clear distinction between economic crime and economic disputes, and we must not interpret the economic disputes as fraud, economic crime to handle. It is difficult to draw, we must be cautious, after the report, research clearly after proper treatment in accordance with the law, must not be easily take coercive measures to restrict personal freedom, resulting in a passive and irreversible consequences in the process of investigating the cases of economic crime in the area between, should cooperate with each other, consultation service, not allowed in local protectionism, local party favors or arbitrarily freeze payments. Two, is strictly prohibited to deal with illegal intervention in economic disputes. On the economic disputes, shall be borne by the relevant enterprises and administrative departments, arbitration organs and people's courts in accordance with the law, the public security organs not to intervene. Don't allow to detect fraud and other economic crimes by name, tried, hostage taking and other illegal means to interfere with economic disputes otherwise, causing serious consequences, shall be investigated for legal responsibility parties concerned and responsible persons according to law. Three, in the economic dispute matters of public security organs complaints, shall inform the parties to the relevant authorities to solve, or be transferred to the relevant competent authority for disposal. Four, prohibit the use of illegal means percentage profit. The percentage of fines, should be strictly in accordance with the relevant provisions of the Ministry of finance, the Ministry of public security and local government finance departments handling, not beyond the scope of authority, in order to investigate fraud crimes, economic disputes for intervention, the parties recourse debt, profit from royalty. Illegal use of coercive measures of economic disputes, infringement of the legitimate rights and interests of parties, it is absolutely not allowed. On the opportunity to fill one's own pocket, to be dealt with in accordance with the law

     Lawyer Huang Yingchun, Anhui Kai'an lawyer

      The first part: the case:

     In early 2005 5, general manager Haifeng printing company, Liu Haifeng came to the legal representative Jin Congsheng cross grain company place, offer the related packaging cross grain brewing company of the printing business. In May 9th, Jin Congsheng to Haifeng printing companies, printing companies signed the "and Haifeng beer cartons, trademark purchase and sale contract", the contents of the contract are as follows: A, B (i.e., cross grain brewing company, the same below) provided the original beer carton and label changes after printing, two brand outside the box and the back is standard total production the printing of 60000 sets. Two, the first is pure wheat beer production printing 30000 sets; second is the fine balsam pear beer production printing 30000 sets; (each is outside the box 1 and back is the 12), the original wort concentration: 8 ° P, alcohol degree ≥ 2.8% (V/V), executive standard: GB4927-2001 (class a). Three, beer packaging at the CIF price for one yuan a corner eight points / ($1.88 yuan / set). Two brands of beer packaging total payment: one hundred and ten thousand 800 yuan (RMB 112800). Four, the above two kinds of beer cartons must comply with the national standard single corrugated carton of BS-1.3 standard and glazing. Five, the mode of payment: Party B to pay the deposit for the total payment of 30% yuan, the total Sanwansan thousand Babaisi Shi Yuan ($33840), to Party A (Haifeng printing company, the same below) bank account, in time for the May 11, 2005 or the day before. The remainder of the payment by Party A to the above two kinds of packages are sent to Jiangxi Jiujiang beer factory warehouse, and then by the brewery and Party B after passing the acceptance of a one-time payment of the balance, not in arrears. Six, such as the breach for breach of the contract amount to 50% of total amount or the loss to the other party. Seven, the means of transport and costs: transportation, expenses shall be borne by Party a.. Eight, the delivery time: May 25, 2005 before the Party A the beer packaging all send to Jiangxi Jiujiang beer factory warehouse. Nine, if the contract dispute, either party may be in the people's court where Party B. Ten, two copies of this contract, both parties hold one respectively, after both parties sign and stamp the date.

     From May 20, 2005 to May 28th, Haifeng printing company staging the package delivery contract consignee Jiujiang Brewery (but not by the total number of Haifeng printing company contracted delivery). In May 23rd, cross grain company commissioned by the Anhui province product quality supervision and inspection and the paper inspected for quality packaging Haifeng Company delivery, and agreed to complete the quality inspection time is June 3, 2005. Thereafter, each grain brewing company that printed Haifeng Company delivered the package printing text and standard error, but Haifeng printing company denied; in May 29th, was sent to Haifeng printing company cross grain brewing company for the remaining amount, in this regard, Jin Congsheng repeatedly explained to Haifeng Company personnel: according to the contract to be qualified after the inspection, a one-time payment of the remaining amount. However, Haifeng Company personnel not only agree according to the contract payment, but also invites to the legal representative to Hefei beating mutual grain brewing company man Jin Congsheng. In the mediation of relevant personnel, Jin Congsheng to Haifeng Company issued according to article, stating: "above the goods have been received for product inspection, after passing a one-time payment of the remaining amount." However, Haifeng printing company personnel back to Bengbu still use the telephone threat to Jin Congsheng, and inter grain company payment immediately.

     In May 31, 2005, the quality of the packaging products in Anhui province quality inspection of grain company commissioned the inspection to make the inspection report, the results, the number of packages do not meet the standard stipulated in the contract, for the unqualified products. Gold Congsheng call Haifeng printing company sent to Hefei dealing, but Haifeng printing company not to, and continue to threaten the gold Congsheng to take people to Hefei copy gold Congsheng home etc.. In order to prevent the occurrence of violence, mutual grain brewing company will report illegal Haifeng printing company to Hefei City Public Security organs. In order to deal with this case, June 1, 2005, cross grain brewing company in Haifeng printing company as a defendant formally to Hefei City Yaohai District People's court. In June 3rd, legal counsel cross grain brewing company will Haifeng the case "case" notice by fax to the printing company. In June 4th, Jiujiang brewery notice to cross grain company, and put forward different prescription on the quality of the packaging; June 17th, Hefei City Yaohai District People's court to cross grain company served court summons, for the time trial in July 19, 2005.

     In June 14, 2005, Haifeng Company to the Bengbu City Public Security Bureau Yuhui Branch Economic Crime Investigation Brigade (hereinafter referred to as the Economic Investigation Brigade) report, said: according to the contract will be Haifeng company goods sent to Jiujiang beer factory acceptance of storage, cross grain company to the quality of unqualified for, still don't pay the rest money more than 8 yuan (see criminal cases registered table, the table by Jin Congsheng's lawyer from Hefei Xinzhan Public Security Bureau). In June 17th, the economic investigation team sent to the Jiujiang beer factory investigation, investigation that cross grain company was the quality of the products and other units also had a dispute, the economic investigation brigade officers to be able to hold the Jin Congsheng crime, investigation First impressions are strongest enterprises and individuals to have and inter grain company had economic disputes. In June 22nd, the team made a "criminal case report". Content of the contract the report ignored mutual grain company and Haifeng Company signed, fictional Haifeng Company will be "60000" package to Jiujiang beer factory after the "approval" warehousing, Jin Congsheng first "has all sorts of reasons not to check, and a quality problem, and refused to pay" invent "Jiujiang beer factory reflect no quality problems" in the. On the same day, the deputy director in charge of Liu Yulai instructions: agreed to put on record, and in the approval of the Jin Congsheng criminal compulsory summon. In June 23rd, Cheng Jiabing, Wu Yuhui investigation team construction of the Municipal Public Security Bureau Branch of the Hefei Xinzhan Jin Congsheng on suspicion of crime of contract fraud were summoned, and told the king Congsheng constitutes a crime. On the same day, Jin Congsheng will Hefei City Yaohai District People's Court Notice of accepting the case, Jiujiang beer factory technical quality department on Haifeng Company product unqualified notice, Anhui province product quality inspection by the inspection report and cross grain company paid 33840 yuan deposit 21 (see Cheng Jia Bing, Wu construction of receipt) materials to the brigade.

      The second part: the lawyer to sue and related legal advice:

      Jin Congsheng by the public security organs of compulsory summon, he hired Huang Yingchun lawyer as his suspected contract fraud crime detection stage attorney, lawyer Huang Yingchun is handling a case police illegal Bengbu promptly in writing to the Public Security Bureau of Anhui province and Bengbu City Public Security Bureau to reflect. The Ministry will this case by way of letters of the processing of Bengbu public security bureau. The afternoon of June 27th, vice director of lawyer Huang Yingchun and Liu Yulai in this case would constitute criminal crime made representations, deputy director Liu Yulai made it clear to the lawyer made an oral reply, because the case did not know before the court has been accepted in the criminal case, now know, the public security organs to withdraw the case, you should be treated as economic disputes. However, Bengbu Yuhui District Public Security Bureau in July 1st of the same year, and sent the case investigation files transferred to Hefei City Yaohai District People's court, and verbal request the hospital decided the case as a criminal case to the Public Security Bureau of Bengbu city disposal. But the Hefei City Yaohai District People's court that the case is the parties to a contract dispute case, and respectively in August 2nd and September 1st in a two trial. In July 25th, lawyers call to the deputy director Liu Yulai asked to revoke the relevant legal documents in the case of service matters, told the Bengbu Municipal Public Security Bureau of criminal investigation Yuhui branch continues on the case, the lawyer sent a "legal opinion" to the deputy director Liu Yulai, suggested that the office: "within five days from the opinion of the day, should be transferred to the criminal cases in Yaohai District People's Court of Hefei city self withdrawal, and on the basis of" criminal procedural law "the regulation of the people's Republic of China fifteenth make" the decision on cancelling the case ", and sent to the suspect suspect Jin Congsheng or the lawyer. Otherwise, the lawyer will in accordance with the law for the suspect Jin Congsheng appeal, the relevant facts and your bureau illegally interfere with economic disputes directly to the Ministry of public security writing reflects." In August 9th, Bengbu Yuhui branch to will move to Yaohai District People's Court of criminal cases of Hefei city to withdraw, but did not stop the investigation of criminal cases. Moreover, the initiative to once again and cross grain company had economic disputes and have self reconciliation end of the provincial business units and individuals to do the work, to continue to be investigated for criminal responsibility by other reasons in Jin Congsheng. Huang Yingchun lawyers will these facts once again to the Public Security Bureau in Anhui province was written to reflect, and submitted to the Supreme People's Procuratorate and the Ministry of public security was written to reflect. The provincial public security department leaders have been the case of the public security bureau two supervision department, even so, the Bengbu Municipal Public Security Bureau does not stop the investigation the case related to the leadership, and invited Bengbu Yuhui District People's Procuratorate jointly review the case, in fact want to bypass the supervision of the provincial public security department, directly to the procuratorate to the Jin Congsheng arrest. In order to stop the illegal behavior of Bengbu City Public Security Bureau of the relevant case handling personnel, lawyer Huang Yingchun to "Bengbu public security law case, legitimate business rare protected" problem, respectively put forward written accusation to the national Ministry of public security and the Supreme People's procuratorate. The sued specific, and proposes concrete suggestions for lawyers, the specific contents are as follows:

      In early 2005 5, general manager Haifeng printing company, Liu Haifeng came to the legal representative Jin Congsheng cross grain company place, offer the related packaging cross grain brewing company of the printing business. In May 9th, Jin Congsheng to Haifeng printing companies, printing companies signed the "and Haifeng beer cartons, trademark purchase and sale contract", the contents of the contract are as follows: A, B (i.e., cross grain brewing company, the same below) provided the original beer carton and label changes after printing, two brand outside the box and the back is standard total production the printing of 60000 sets. Two, the first is pure wheat beer production printing 30000 sets; second is the fine balsam pear beer production printing 30000 sets; (each is outside the box 1 and back is the 12), the original wort concentration: 8 ° P, alcohol degree ≥ 2.8% (V/V), executive standard: GB4927-2001 (class a). Three, beer packaging at the CIF price for one yuan a corner eight points / set ($1.88 yuan / set). Two brands of beer packaging total payment: one hundred and ten thousand 800 yuan (RMB 112800). Four, the above two kinds of beer cartons must comply with the national standard single corrugated carton of BS-1.3 standard and glazing. Five, the mode of payment: Party B to pay the deposit for the total payment of 30% yuan, the total Sanwansan thousand Babaisi Shi Yuan ($33840), to Party A (Haifeng printing company, the same below) bank account, in time for the May 11, 2005 or the day before. The remainder of the payment by Party A to the above two kinds of packages are sent to Jiangxi Jiujiang beer factory warehouse, and then by the brewery and Party B after passing the acceptance of a one-time payment of the balance, not in arrears. Six, such as the breach for breach of the contract amount to 50% of total amount or the loss to the other party. Seven, the means of transport and costs: transportation, expenses shall be borne by Party a.. Eight, the delivery time: May 25, 2005 before the Party A the beer packaging all send to Jiangxi Jiujiang beer factory warehouse. Nine, if the contract dispute, either party may be in the people's court where Party B. Ten, two copies of this contract, both parties hold one respectively, after both parties sign and stamp the date.

     From May 20, 2005 to May 28th, Haifeng printing company staging the package delivery contract consignee Jiujiang Brewery (but not by the total number of Haifeng printing company contracted delivery). In May 23rd, cross grain company commissioned by the Anhui province product quality supervision and inspection and the paper inspected for quality packaging Haifeng Company delivery, and agreed to complete the quality inspection time is June 3, 2005. Thereafter, each grain brewing company that printed Haifeng Company delivered the package printing text and standard error, but Haifeng printing company denied; in May 29th, was sent to Haifeng printing company cross grain brewing company for the remaining amount, in this regard, Jin Congsheng repeatedly explained to Haifeng Company personnel: according to the contract to be qualified after the inspection, a one-time payment of the remaining amount. However, Haifeng Company personnel not only agree according to the contract payment, but also invites to the legal representative to Hefei beating mutual grain brewing company man Jin Congsheng. In the mediation of relevant personnel, Jin Congsheng to Haifeng Company issued according to article, stating: "above the goods have been received for product inspection, after passing a one-time payment of the remaining amount." However, Haifeng printing company personnel back to Bengbu still use the telephone threat to Jin Congsheng, and inter grain company payment immediately.

     In May 31, 2005, the quality of the packaging products in Anhui province quality inspection of grain company commissioned the inspection to make the inspection report, the results, the number of packages do not meet the standard stipulated in the contract, for the unqualified products. Gold Congsheng call Haifeng printing company sent to Hefei dealing, but Haifeng printing company not to, and continue to threaten the gold Congsheng to take people to Hefei copy gold Congsheng home etc.. In order to prevent the occurrence of violence, mutual grain brewing company will report illegal Haifeng printing company to Hefei City Public Security organs. In order to deal with this case, June 1, 2005, cross grain brewing company in Haifeng printing company as a defendant formally to Hefei City Yaohai District People's court. In June 3rd, legal counsel cross grain brewing company will Haifeng the case "case" notice by fax to the printing company. In June 4th, Jiujiang brewery notice to cross grain company, and put forward different prescription on the quality of the packaging; June 17th, Hefei City Yaohai District People's court to cross grain company served court summons, for the time trial in July 19, 2005.

     In June 14, 2005, Haifeng Company to the Bengbu City Public Security Bureau Yuhui Branch Economic Crime Investigation Brigade (hereinafter referred to as the Economic Investigation Brigade) report, said: according to the contract will be Haifeng company goods sent to Jiujiang beer factory acceptance of storage, cross grain company to the quality of unqualified for, still don't pay the rest money more than 8 yuan (see criminal cases registered table, the table by Jin Congsheng's lawyer from Hefei Xinzhan Public Security Bureau). In June 17th, the economic investigation team sent to the Jiujiang beer factory investigation, investigation that cross grain company was the quality of the products and other units also had a dispute, the economic investigation brigade officers to be able to hold the Jin Congsheng crime, investigation First impressions are strongest enterprises and individuals to have and inter grain company had economic disputes. In June 22nd, the team made a "criminal case report". Content of the contract the report ignored mutual grain company and Haifeng Company signed, fictional Haifeng Company will be "60000" package to Jiujiang beer factory after the "approval" warehousing, Jin Congsheng first "has all sorts of reasons not to check, and a quality problem, and refused to pay" invent "Jiujiang beer factory reflect no quality problems (see" petition "in the criminal case report", the report series in the case of civil trial by Haifeng Company agent to provide). On the same day, the deputy director in charge of Liu Yulai instructions: agreed to put on record, and in the approval of the Jin Congsheng criminal compulsory summon (see Bengbu City Public Security Bureau to summon card, the evidence from Jin Congsheng's lawyer from Hefei City Public Security Bureau Station Branch.). In June 23rd, Cheng Jiabing, Wu Yuhui investigation team construction of the Municipal Public Security Bureau Branch of the Hefei Xinzhan Jin Congsheng on suspicion of crime of contract fraud were summoned, and told the king Congsheng constitutes a crime. On the same day, Jin Congsheng will Hefei City Yaohai District People's Court Notice of accepting the case, Jiujiang beer factory technical quality department on Haifeng Company product unqualified notice, Anhui province product quality inspection by the inspection report and cross grain company paid 33840 yuan deposit 21 (see Cheng Jia Bing, Wu construction of receipt) materials to the brigade. At the same time, Jin Congsheng was a lawyer for Bengbu police illegal case to the Public Security Bureau of Anhui province and Bengbu City Public Security Bureau to reflect. The Ministry will this case by way of letters of the processing of Bengbu public security bureau. The afternoon of June 27th, vice director Liu Yulai made it clear to Jin Congsheng's lawyer oral answer: as the case has been accepted before the registration if the court, know now, you should be treated as economic disputes, the public security organs to withdraw the case. However, Bengbu Yuhui District Public Security Bureau in July 1st and sent the case investigation files transferred to Hefei City Yaohai District People's court, and verbal request the hospital decided the case as a criminal case processing. But the Hefei City Yaohai District People's court that the case is the parties to a contract dispute case, and respectively in August 2nd and September 1st in a two trial.

     In July 25th, Jin Congsheng's lawyer calls to deputy director Liu Yulai asked about the situation of the case, told Bengbu Yuhui Public Security Bureau continues in the criminal investigation of the case, the lawyer sent a "legal opinion" to division deputy director Liu Yulai, suggested that the office: "within five days from the date of issue opinions, should be transferred to the criminal cases in Yaohai District People's Court of Hefei city self withdrawal, and on the basis of" criminal procedural law "the regulation of the people's Republic of China fifteenth make" the decision on cancelling the case ", and sent to the suspect suspect gold Congsheng or the lawyer. Otherwise, the lawyer will in accordance with the law for the suspect Jin Congsheng appeal, the relevant facts and your bureau illegally interfere with economic disputes directly to the Ministry of public security writing reflects." In August 9th, Bengbu Yuhui branch to will move to Yaohai District People's Court of criminal cases of Hefei city to withdraw, but did not stop the investigation of criminal cases. Moreover, the initiative to once again and cross grain company had economic disputes and have self reconciliation end of the provincial business units and individuals to do the work, to continue to be investigated for criminal responsibility by other reasons in Jin Congsheng. The fact that Jin Congsheng will once again to the Anhui provincial public security department to reflect, and submitted to the Supreme People's Procuratorate and the Ministry of public security was written to reflect. The provincial public security department leaders have been the case of the public security bureau two supervision department, but we know that: Bengbu City Public Security Bureau to bypass the supervision of the provincial public security department, directly to the procuratorate to the Jin Congsheng arrest.

     Huang Yingchun lawyers said: normal business activities between signed between Haifeng printing company and mutual grain brewing company "beer cartons, trademark purchase and sale contract" is legal person unit, the contract signing process Haifeng printing company offer, both sides signed a written contract content, cross grain brewing company deposit payment, Haifeng printing company delivery of the goods and inter grain brewing company commissioned by the quality inspection institution for quality inspection of facts, the contract is the true meaning of the parties, corporate and the parties are real and are operating in; have certain asset of every enterprise, have the ability to perform the contract. A written commitment to the legal representative cross grain brewing company in product quality inspection qualified after the one-time payment of all remaining loan behavior conforms to the contract agreed to the content, and in accordance with the provisions of the law. Therefore, cross grain brewing company made in product quality inspection report, refuse to pay the remaining amount of the Constitution does not conform to the contract fraud crime. Cross grain brewing company confirmed Haifeng printing company products delivered a substandard products in the case of the inspection report, inform Haifeng printing company sent to fertilizer coordinated, in Haifeng printing company not only ignore, but also a threat to the gold Congsheng case, submit the case to the people's court proceedings, cross grain brewing company behavior is in accordance with the law, it is very reasonable processing method. And knowing that this case has Yuhui Economic Investigation Brigade in court and being heard, but regardless of objective facts of the case, despite the provisions of the laws, regulations and the relevant rules and regulations, the personal relationship between it and Liu Haifeng in the first place, and make every attempt to belong to the economic disputes between parties by qualitative for "contract fraud", and attempted to use illegal means to Haifeng printing company for payment. Bengbu city public security organs found himself in court is the economic dispute cases of violations of the law, the facts occurred between also with a variety of means and in First impressions are strongest way to collect each grain companies in the past business and other enterprises of the industry to deal with the coordination of economic disputes, in an attempt to find Jin Congsheng reason shall be investigated for criminal responsibility. What is more, the Public Security Bureau of Anhui province will be the case for the office handling of the case, the Bengbu Municipal Public Security Bureau still persist in one's old ways, bypassing the superior leadership, trying to concoct an excuse to Jin Congsheng directly to the procuratorial organs approved the arrest. Yuhui Economic Investigation Brigade acts seriously violated the "criminal procedural law" the regulation of the people's Republic of China and the Supreme People's Procuratorate, the Ministry of public security of public security organs in the relevant provisions of the prohibition of economic disputes, is a serious offence. Bengbu city public security organs in defiance of objective facts, pervert the law case, has seriously infringed upon the legitimate rights and interests of citizens and legal persons, therefore, the criminal suspect Jin Congsheng and his lawyers to prosecute the illegal behavior of Bengbu city public security organs, and asked the central leadership according to the case for the supervision.

       The third part: the final result:

     Lawyer Huang Yingchun to put forward written charges according to law, the case has aroused great attention of the Ministry of public security and the provincial public security department under the leadership of the Bengbu Municipal Public Security Bureau, to seriously study the case. In October 9, 2005, the Bengbu Municipal Public Security Bureau made public from mussels Yu word (2005) No. 002 "to withdraw the case decision book", according to the criminal suspect gold Congsheng suspected contract fraud crime shall be revoked.