On December 4, 2020, the No. 1 Intermediate People's Court of Hainan Province publicly pronounced a verdict on Zhang Jiahui's bribery, administrative miscarriage of justice, and fraud cases. He was sentenced to 18 years' imprisonment and fined 4 million yuan.
A Beijing News reporter in Hainan found that most of the bribe-givers who have been announced have a background in the judicial system. A Hainan business owner said that some local lawyers would directly inform the bribe price when they took the case.
When leading the case process, Zhang Jiahui often "greeted" the case undertaker, and would also express opinions in favor of the trustee at the adjudication committee. She also had her decision ideas conveyed to the judge.
The cases asked by Zhang Jiahui involved a number of industries such as real estate and education, mostly civil and administrative cases.
On December 11, 2020, the joint investigation team of Zhang Jiahui's case issued a document saying that cases that were truly wrong after review would be retried in accordance with law and corrected in a timely manner. In addition, Zhang Jiahui's administrative perversion of the law has caused huge economic losses to the state, and the relevant administrative departments have initiated the recovery procedure in accordance with the law.
The Beijing News reporter learned that after Zhang Jiahui was investigated, the investigation team received more than 200 report letters in 2 days. At present, a number of judges and lawyers have been investigated.
Zhang Jiahui data map
Mr. and Mrs. Alliance
"Shuiyuntian Community" is a high-frequency word in Zhang Jiahui's criminal judgment. This community in Haikou Xiuying District was developed by Zhang Jiahui's ex-husband Liu Yuansheng. Before Zhang Jiahui fell, a total of four phases were developed, and part of the development funds were zhang Jiahui's bribes.
This is the starting point of Zhang Jiahui and his wife's career, and it is also their open social field.
In 1992, 27-year-old Zhang Jiahui and her husband Liu Yuansheng were transferred from the Wanxian People's Court in Sichuan to the Hainan Provincial Intermediate Court, with Zhang Jiahui as an assistant judge and Liu Yuansheng as a researcher in the research office. The two are undergraduate students of Southwest University of Political Science and Law, and have successively studied for master's degree students at Southwest University of Political Science and Law.
"When I first arrived, their luggage was very shabby, and their salaries were not enough to spend." A retired judge of the Hainan Intermediate Court recalled to the Beijing News reporter that when Zhang Jiahui and his wife first arrived in Haikou, they were assigned as imported talents and their families were poor, but at first the impression left by the two was not good, "Not doing the right thing, like the court that could not find a good job." ”
However, Zhang Jiahui and his wife both later received doctorates. According to public information, in 1997, Zhang Jiahui went to Southwest University of Political Science and Law to pursue a doctorate; in 2001, she engaged in postdoctoral research in the discipline of law at the Chinese Academy of Social Sciences. Liu Yuansheng received his Juris Doctor degree from Peking University in June 2001.
According to the aforementioned retired judge, after Zhang Jiahui returned to Hainan in 2002, she was appreciated by a leader of the Yangpu court and was transferred. There, she was promoted from assistant judge to member of the adjudication committee, vice president of the civil trial division, and president of the division. Liu Yuansheng later privately managed a volcanic stone mine, which led the court to want to fire him. But he voluntarily resigned from the court and went to sea to do business.
Liu Yuansheng established Hainan Dinas Investment Co., Ltd. Since 2001, he has invested in nearly ten companies in various fields, including residential, commercial real estate, culture, tourism, and agriculture, starting from the Shuiyuntian Community Project.
An insider who has seen Liu Yuansheng remembers that Liu Yuansheng came and went alone, did not like to talk when speaking freely, and often asked for leave in meetings. However, given the influence of the couple, there are still people who come forward to talk to them. Liu Yuansheng is also a member of the Standing Committee of the Sixth Hainan Provincial Committee of the Chinese People's Political Consultative Conference.
The Beijing News reporter learned that Zhang Jiahui and his wife have 5 suites in the "Shuiyuntian Community" and have lived in one of the houses with an area of more than 180 square meters in recent years.
The owner of the community described that after becoming the vice president of the Hainan High Court, she had a high-profile style. In the morning, a property sent a special car to take her to work, "as long as you see the car, you know it is Dean Zhang." The property also specially laid a red carpet for Mr. and Mrs. Zhang Liu, from the door of the building to the floor where her home was located. At present, these red carpets have been removed.
Traces of the red carpet in the stairwell where Zhang Jiahui's family was located after it was withdrawn. Beijing News reporter Zeng Jinqiu photographed
The Beijing News reporter learned that when Zhang Jiahui was elected vice president of the Hainan Higher People's Court, some veteran cadres were surprised, and after she was announced to be subject to review and investigation, the investigation team received more than two hundred report letters.
Judicial "Circle of Friends"
In the judicial system, Mr. and Mrs. Zhang Liu have a huge "circle of friends". The owner's public clubhouse in Shuiyuntian Community was forcibly occupied by Liu Yuansheng to attract political and business celebrities.
Before Zhang Jiahui's accident, luxury cars were often parked at the entrance of the clubhouse, "The starters are all Mercedes-Benz." A property owner who had entered the clubhouse found that the door was made of carved mahogany, the ceiling was equipped with a huge crystal lamp, and there were copper arhats on the dining table.
Liu Yuansheng hosted the Hainan Institute of Modern Legal Sciences here. The institute was established in 2012 and is affiliated to the Hainan Provincial Federation of Social Sciences.
Hainan Academy of Modern Legal Sciences. Beijing News reporter Zeng Jinqiu photographed
A few years ago, Haikou Television reported that the green belt of Shuiyuntian Community had been illegally transformed, and Su Yanyan, a lawyer close to Zhang Jiahui, appeared on camera as the owner of the unauthorized transformation. According to the owner, Su Yanyan and her sister bought a number of properties in the Shuiyuntian Community, and also bought a set to live with her mother.
For this matter, the Urban Management Bureau of Xiuying District of Haikou City sent people to the Shuiyuntian Community to enforce the law, but with little effect. On December 12, a reporter from the Beijing News saw in the community that the renovation project that was originally stopped by the urban management had not been restored.
The owner said that on April 21, 2019, the owner of Shuiyuntian Community spontaneously set up an industry committee, which made Liu Yuansheng extremely dissatisfied. Three days later, Liu Yuansheng found the leader of the Haikou Municipal Housing and Construction Bureau to coordinate, "he also scolded a young man of the Housing and Construction Bureau and cried," said a number of owners.
After the establishment of the property committee, Su Yanyan took the property committee to court as an owner, saying that its establishment was illegal. The case began on December 24, 2020.
Liu Yuansheng Clubhouse. Beijing News reporter Zeng Jinqiu photographed
Lawyer Su Yanyan works at Hainan Sunshine Island Law Firm. The verdict shows that Su Yanyan paid a total of 800,000 yuan in bribes to Zhang Jiahui for two lawsuits.
Including Su Yanyan, Zhang Jiahui's criminal verdict revealed the amount of bribes paid, including 18 lawyers.
The Beijing News reporter's investigation found that most of these lawyers have a background in the judicial system. For example, lawyer Tu Xianya, who is himself vice president of the Hainan Lawyers Association and a former judge of the Economic Division of the Hainan Intermediate People's Court, paid a bribe of 2.45 million yuan. Pei Fei, a former judge of the Haikou Intermediate Court, later resigned as a lawyer and paid a bribe of 550,000 yuan. Wu Zhen, who once worked in a judicial bureau in Hainan, resigned as a lawyer and paid a bribe of 500,000 yuan.
In addition, there are also some intermediaries with judicial backgrounds who pay bribes to Zhang Jiahui. The Beijing News reporter's investigation found that Zhang Fu, a revenant shareholder of Tanghai Law Firm, paid a bribe of 6.15 million yuan, and his father was a leader of the former Hainan Provincial High Court. Wang Bing, the former vice president of the Qiongshan District Court, often played mahjong and ate with Zhang Jiahui, and paid a bribe of 2 million yuan. Zhang Ming'an, a retired judge of the First Civil Division of the Hainan Provincial High Court, helped his mother, Huang Yin'e, pay a bribe of 1.2 million yuan. Tan Xianhui, former vice president of the Economic Division of the Haikou Intermediate Court, paid a bribe of 500,000 yuan...
Inside the court, Zhang Jiahui has no shortage of complicity. A number of insiders said that among the bribery judges, Wu Suqiong was most closely related to Zhang Jiahui, but her business level was average. According to public information, Wu Suqiong was once the president of the Second Civil Division of the Hainan Higher People's Court.
A retired judge remembers that Wu Suqiong had worked in the case filing division in her early years and was considered "relatively decent" among her colleagues. "She should have filed a case, not as afraid as other judges, and has been praised."
But later, Wu Suqiong went to the civil trial court and gradually developed into Zhang Jiahui's cronies.
After Zhang Jiahui's downfall, Wu Suqiong was placed in custody by the Supervision Commission on June 21, 2019, and her family returned 1.9 million yuan on her behalf. On November 29, 2019, she was removed from her post. In October 2020, he was indicted by the Qionghai Municipal Procuratorate. Prosecutors alleged that Wu Suqiong accepted benefit fees from two lawyers in the amount of bribes of 200,000 yuan and 1.7 million yuan respectively.
On December 11, the joint investigation team in Zhang Jiahui's case issued a document saying that the discipline inspection and supervision organs are working with the judicial-administrative organs to deal with the issues related to the lawyers involved in the case; some of the judges and public officials involved in the case have been filed for review and investigation, some of the judges involved in the case have been convicted and punished, and other people involved in the case are being dealt with in different categories.
Clearly marked prices
According to the judgment, Zhang Jiahui accepted bribes of 43.75 million yuan. A number of people in Hainan's judicial circles told the Beijing News that lawyers bribing judges is an unspoken rule in Hainan.
"There are 200,000 small cases, 500,000 medium cases, and more than one million large cases." A business owner who has been dealing with law firms for many years said that local lawyers will directly inform the price of bribes when they take cases, but the money lawyers can get "less than half".
Zhang Jiahui's judgment mentioned that after lawyer Zhang Li received 1.025 million yuan in legal fees from his client Evergrande Real Estate Hainan Company, he withdrew 900,000 yuan in cash and handed it to lawyer Zhang Fu in two installments, and then gave it to Zhang Jiahui's nephew Liu Lei.
According to insiders, Tanghai Law Firm, controlled by Zhang Fu, is a well-known law firm in Hainan and is good at handling land disputes. In the administrative judgment of Liu Yuansheng's Dinas Company v. Haikou Municipal Land Bureau, Zhang Li is the lawyer representing the Haikou Municipal Land Bureau.
Some young lawyers find it difficult to adapt to unspoken rules. Parties to cases in Hainan, especially those involved in economic disputes, are rarely willing to seek lawyers from other places. This is because local lawyers have more abundant judicial resources.
Zhang Jiahui acts in a bold style. The aforementioned criminal court leader remembers that she basically asked for returns for helping to run the relationship. "Ask for money first, and if you don't have money, you want things." Someone once asked Zhang Jiahui to ask for two or three strings of rosewood bracelets.
According to the judgment, in the second half of 2017, lawyer Ding Xin approached Zhang Jiahui in a contract dispute case he represented, and Zhang Jiahui greeted the judge who undertook it, after which Ding Xin did not take the initiative to pay remuneration. In the second half of 2018, Zhang Jiahui asked her for tea, complaining about the difficulty of the judge and the low income, and she understood that Zhang Jiahui was not satisfied with not receiving thanks. Later, at the Shuiyuntian Cafe, Ding Xin handed Zhang Jiahui a plastic bag containing 100,000 yuan in cash.
Zhang Jiahui. Source people's court newspaper
In order to accumulate wealth, Zhang Jiahui also participated in fraud.
According to the recollections of the relatives of the victim Tian Xinqing, in 2001, Tian Xinqing's son Fan Qiming was detained for committing bill fraud and later executed in the haikou Intermediate People's Court in the first instance. Relatives recalled, "At that time, Liu Yuansheng took the initiative to find our home and said that he could help operate it and avoid Fan Qiming's death. "The premise is that the Fan family's villa and a carved handicraft are used to run the relationship." After several sentences, Fan Qiming was sentenced to a suspended death sentence. Later, the presiding judge of the case was dismissed, and he confessed in prison, and during the trial of Fan Qiming's case, no one privately coordinated with him.
In December 2020, the Hainan Provincial First Intermediate People's Court stated in its judgment that the trial ascertained that in June 2001, defendants Zhang Jiahui and his wife fictitiously helped others to unblock relations and mitigate criminal punishment, defrauding relevant personnel of property worth more than 1.43 million yuan.
According to the judgment, the villa was identified as $1,121,300 based on the price of July 16, 2001, the base date.
The leader of the criminal court of the Hainan Intermediate People's Court also inquired about the case at that time, and he believed that the housing prices in Hainan soared that year, and the price of this villa was more than so much, and he suggested that the prosecution file a protest against the case.
"Say hello"
Zhang Jiahui relied on the judicial network he woven to infiltrate his influence into the various cases he asked for. In the verdict, Zhang Jiahui's most common trick is "greeting".
In the administrative case of Dinas Company v. Haikou Municipal Land Bureau, she once conveyed the idea of adjudication to He Fang, the undertaker judge, in the form of "greeting". After her operation, she escaped more than 46.21 million yuan of capacity increase fees for Dinas. She was also convicted of administrative miscarriage of justice and sentenced to 5 years in prison for this case.
In the construction industry, increasing the plot ratio leads to changes in land prices, so a "capacity increase fee" needs to be paid. To calculate the capacity increase fee, it is necessary to calculate according to the base volume ratio and the declared volume ratio.
In 2009, Liu Yuansheng owned the Dinas company and obtained the land for the "Shuiyuntian Millennium Longhuju" project. In October 2014, Dinas Company declared a planning and design plan with a plot ratio of 2.47 to the Haikou Municipal Planning Bureau, and the pre-examination was approved.
In February 2015, the Haikou Municipal Land Bureau approved the baseline plot ratio of 0.8 for the project, which means that Dinas needs to pay the corresponding capacity increase fee. Dinas sued the Haikou Municipal Land Bureau in the Haikou Intermediate Court, requesting that the administrative decision be revoked (hereinafter referred to as the "Benchmark PLOT Ratio 0.8 Case"). The Haikou Intermediate People's Court's judgment was revoked.
"In order to pay less or no capacity increase fee, Zhang Jiahui and Liu Yuansheng discussed that the Dinas Company should file an administrative lawsuit, and then under the influence of Zhang Jiahui's position as vice president of the Hainan Higher People's Court, they made a request to the leading judge of the court who undertook the case, exerted pressure, and revoked the decision of the Haikou Municipal Land Bureau to approve the benchmark plot ratio of 0.8." The verdict said.
In May 2016, the Haikou Municipal Land Bureau re-examined the benchmark plot ratio of 1.2. In the same way, Diners filed a lawsuit in the Xiuying District Court, requesting that the administrative decision be revoked (hereinafter referred to as the "Benchmark FAR 1.2 Case"). The Xiuying District Court's judgment was revoked. Subsequently, the Haikou Municipal Land Bureau appealed to the Haikou Intermediate Court, and the court ruled to reject the appeal and uphold the original judgment.
In January 2017, the Haikou Municipal Land Bureau finally approved the benchmark plot ratio of 2.56, according to which Dinas did not need to pay additional capacity increase fees.
The judgment shows that in the "benchmark FAR 0.8 case", the undertaker He Fang held that Dinas Company was unreasonable and could not support it. Zhang Jiahui personally called He Fang and asked Wang Bing to convey her refereeing ideas to He Fang.
Wang Bing was formerly the vice president of the Qiongshan District Court and is currently working in the legal department of Hainan Nongken Investment Holding Group Co., Ltd. The Beijing News reporter learned that Wang Bing has a close relationship with Zhang Jiahui and is "active" in the court system.
In this case, Zhang Jiahui also greeted Guo Chaoyang, vice president of the Haikou Intermediate People's Court in charge of the Administrative Division.
According to Guo Chaoyang's testimony, in 2015, Zhang Jiahui asked him to take care of the Dinas case ("benchmark PLOT ratio 0.8 case") by phone. Later, Zhang Jiahui came to the Haikou Intermediate Courtyard, went to his office, and once again asked for care. Zhang Jiahui also asked him to explain to Fu Hanping, the judge in charge and president of the administrative division, and find a reason to rule that Dinas won the case. After the undertaker He Fang believed that Dinas's claim for success was unreasonable, Guo Chaoyang suggested that this was Zhang Jiahui's intention and must support Dinas's claim.
"Both Zhang Jiahui and Guo Chaoyang personally called the judge to greet him, and Guo Chaoyang also called He Fang to the office and gave an explanation in front of Zhang Jiahui." Fu Hanping said that in the Administrative Division of the Haikou Intermediate People's Court, cases involving the government's defeat must be reported to Guo Chaoyang, vice president in charge, and this case is no exception.
Public information shows that Guo Chaoyang previously served as the vice president in charge of the Administrative Division in the Haikou Intermediate Court. After Zhang Jiahui's case, he was investigated. Currently, he serves as the spokesperson of the Haikou Intermediate Court.
The verdict shows that Guo Chaoyang also greeted the judge of the civil trial division in another case, at the request of Zhang Jiahui, across his department in charge.
Fu Hanping, former president of the Administrative Division of the Haikou Intermediate People's Court, said that in the "benchmark plot ratio 0.8 case", although he was the president of the administrative tribunal, he was not a member of the collegial panel. After receiving the case, Wang Bing found him and hoped that he could pay attention to the lawsuit of Dinas plot rate. "I didn't say anything at the time, I just said I'd find out more about the situation." The judgment of this case obtained by the Beijing News reporter did not have Fu Hanping's name in the payment.
In the "benchmark plot ratio 1.2 case", Zhang Jiahui called him directly as a member of the collegial panel and said, "Pan Na (a member of the collegial panel) has a case of Dinas Company, and Dinas Company is reasonable, and I hope to pay attention to it." ”
In addition to "greeting", Zhang Jiahui also expressed opinions in favor of the trustee at the review committee. "There is no one point, and I will not lose; but there are three points, and you will definitely win." In Hainan, it is rumored that Zhang Jiahui once said such a thing.
Hainan Provincial High People's Court. Beijing News reporter Zeng Jinqiu photographed
Questions remain in the relevant cases
The Beijing News reporter's investigation found that the relevant case of Dinas Company v. Haikou Municipal Land Bureau is still full of doubts.
Fu Hanping participated in the trial of the "benchmark plot ratio of 1.2" case as a member of the collegial panel in 2016. He said that the approval of the benchmark plot ratio requires a land transfer contract or land use approval documents. However, at the original trial stage, the Haikou Municipal Land Bureau did not provide these key materials.
The Beijing News reporter obtained the transcripts of the two original trials.
According to the transcript of the "Benchmark Plot Ratio 0.8 case", the court ordered the Haikou Municipal Land Bureau to submit the land transfer contract within 5 days. The verdict shows that the Land Office did not submit it. According to the transcript of the second instance trial in the Benchmark FAR 1.2 case, the court asked the Land Bureau whether it was necessary to submit new evidence, but the Land Bureau still did not submit it.
"Ordering in court, taking it in the record, is the most serious thing to do." Fu Hanping said.
After Zhang Jiahui was investigated, the two administrative lawsuits provoked by Dinas Company were retried separately on October 31 and December 16, 2019.
According to the administrative judgment on the retrial issued by the Haikou Intermediate People's Court, during the retrial, the Haikou Municipal Land Bureau submitted 45 pieces of evidence and 47 pieces of evidence respectively. Accordingly, the court set aside the two original administrative judgments, rejected Diners' claims and confirmed the benchmark plot ratio of 0.8.
One of the retrial judgments mentioned that "for the 40 pieces of evidence submitted by the Municipal Bureau of Assets And Regulations (Land Bureau) during the retrial period, although they did not meet the conditions for new evidence, they were significantly related to the main facts of the case, involved national interests and public interests, and may affect the fair judgment of the case, so this court confirmed the authenticity and relevance of the evidence submitted by the Municipal Assets Regulation Bureau." ”
Fu Hanping believes that in the retrial, the 40 pieces of evidence supplemented by the Land Bureau guided the direction of the judgment, but this evidence could have been provided by the Land Bureau at the time of the original trial.
According to the testimony of Han Jie, an agent for the Haikou Municipal Land Bureau, when Dinas Company transferred the land involved in the case, it was assessed according to the benchmark plot ratio of 0.8, and "it cannot be denied as the basis for the selection of the benchmark plot ratio because of the revocation of the controlling detailed plan (urban master plan)." Han Jie believes that the reason for the court's revocation of the benchmark plot ratio of 0.8 and 1.2 is not established.
According to Zhang Jiahui's criminal verdict, Wang Bing once approached Wu Kongjun, legal adviser to the Haikou Municipal Land Bureau, and asked the Land Bureau not to appeal. Wu Kongjun confirmed that after the first-instance judgment, the Land Bureau held a collective discussion and decided not to appeal.
In November 2019, Chen Yanhua, former head of the Laws and Regulations Division of the Haikou Municipal Bureau of Natural Resources and Planning (institutional adjustment in July 2019, the Laws and Regulations Division was transferred to the Laws and Regulations Division), was indicted by the Haikou Xiuying District Procuratorate on suspicion of accepting bribes. According to public information, on May 6, 2016, Chen Yanhua was transferred to the Policy and Regulation Department of the Haikou Municipal Land Bureau.
The prosecution alleged that during the Spring Festival from December 2016 to 2019, defendant Chen Yanhua, while serving as the head, deputy director, and director of the Policy and Regulation Department of the former Haikou Municipal Bureau of Land and Resources, took advantage of his position to seek benefits for others in the daily management of legal counsel, year-end appraisals, allocation of case and legislative projects, and adjustment of the benchmark plot ratio of real estate projects, and the amount was huge, and he should be investigated for criminal responsibility for accepting bribes in accordance with law.
The Beijing News reporter found that in the facts of his accusations, the starting time was December 2016, which was just before the Haikou Municipal Land Bureau approved the benchmark plot ratio of the Dinas project at 2.56. This means that, as head of the Policy and Regulation Division, she is also the principal member responsible for approving the baseline plot ratio.
On June 1, 2020, Fu Hanping was sentenced to one year in prison for perverting the law. In addition, Li Huiqin, former president of the Administrative Division of the Xiuying District Court, was sentenced to 4 years in prison for accepting two cigarettes and US$5,000 from Zhang Jiahui's nephew Liu Lei in the "Benchmark Plot Ratio 1.2 Case". Li Huiqin confirmed that Wang Bing also conveyed Zhang Jiahui's refereeing ideas to him.
"The Land Bureau deliberately did not submit material evidence in the original trial, and the judge could only make a decision based on the evidence. In addition, after the judgment is changed based on the newly submitted evidence of the retrial, the original trial is not a wrong judgment. Fu Hanping said.
After the Zhang Jiahui case, a series of cases that had been interfered with by him waited to be corrected.
A teacher at the Hainan Vocational College of Industry and Commerce told the Beijing News that after Cao Chengwei, executive director of the Haikou School of Economics, paid bribes to Zhang Jiahui and his wife, the Hainan Vocational College of Industry and Commerce has not yet been able to obtain a land use right certificate, and every year when enrolling students, it must take the court's judgment and report it to the Department of Education and the Department of Civil Affairs. Because of this lawsuit, the school's plan to "upgrade the school" could not be implemented.
Sun Ran, a businessman in the northeast, told the Beijing News that he opened a real estate company in Hainan and later tried to file for bankruptcy due to contract disputes. But his business partner Xu Man, fearing damage to his interests, did not agree to bankruptcy.
In 2017, Xu Man's husband, Ye Xiaodong, approached Wang Bing and said that he could give 4 million yuan in benefits after the incident was completed. Wang Bing agreed and asked Zhang Jiahui to help reject the bankruptcy application of Hainan Weiya Company. After Zhang Jiahui received 2 million yuan from Wang Bing, he greeted the undertaker Wang Yunyun and asked for his attention. The judgment shows that Via's bankruptcy application was not supported by the collegial panel.
Sun Ran said that the company could not go bankrupt, and the salaries of the engineering team, the payment for materials, the purchase of houses by the owners, and the loans of corporate creditors could not be repaid, "There are too many people affected." ”
On December 11, 2020, the Joint Investigation Team issued a document saying that the Joint Investigation Team was urging the Hainan Provincial High Court to initiate an internal supervision procedure to review the cases involved. Cases where there are truly errors after review will be retried in accordance with law and promptly corrected.
In addition, Zhang Jiahui's administrative perversion of the law has caused huge economic losses to the state, and the relevant administrative departments have initiated the recovery procedure in accordance with the law.
Beijing News reporter Zeng Jinqiu Editor Chen Xiaoshu Proofreader Liu Baoqing
Source: Beijing News