Foreword: Recently, Zhang Jiahui, the "president of the 10 billion yuan", was sentenced to 18 years in prison for accepting bribes, administrative bending the law, and fraud.
The judgement is 158 pages long. Under the thick verdict, the huge chain of interests behind Zhang Jiahui was revealed.
One day three years ago, Zhang Jiahui, who was still the vice president of the prestigious Hainan Higher People's Court, was invited out to dinner by her sister Ding Xin, a lawyer at Hainan Jinghewei Law Firm.
Ding Xin took on a tricky case at this time, and the Shenzhen Qixin Construction Group she represented was involved in a dispute over the decoration and decoration construction contract, and although the first instance won the lawsuit, the other party Xin Dongyuan Company was not satisfied and appealed to the Hainan High Court.
She remembered her sister Zhang Jiahui.
The meal went well, and Zhang Jiahui promised to help take care of it. Zhang Jiahui believed in what she said, and then she called Zhang Shuang, the judge of the second instance trial, to her office and asked him to support Qixin Company and reject the other party's claim. At the end of 2017, the second-instance judgment was partially changed, and Qixin Company won the case as a whole.
A year later, Zhang Jiahui asked Ding Xin to come out for tea and complained that the judge was difficult and the income was low. Ding Xin understood the meaning of the words. A few days later, Zhang Jiahui asked her to drink tea at the café again, and this time Ding Xin did not come empty-handed and handed her a plastic bag containing 100,000 yuan in cash.
This is a scene that appears in Zhang Jiahui's criminal verdict. Of the 158-page verdict, the case occupies only two pages, making it one of the smallest cases of bribery. In The bribe of 43.75 million yuan that Zhang Jiahui took, this is just the tip of the iceberg.
The verdict records that Zhang Jiahui illegally accepted 37 people's property. The editor-in-chief has an attitude (WeChat ID: zbytdya) rough statistics, a single bribery charge, a total of 18 bribery lawyers like Ding Xin, a total of 37 judicial staff such as Zhang Shuang, and a total of 39 enterprises such as Qixin Company.
The above statistics do not include cases of individuals asking for bribes.
01 Say hello, the amount of land compensation changed from 230 million to 428 million
Among Zhang Jiahui's bribes, there were two cases of large sums of money, both involving land. It may be explained that a judicial "moth" like Zhang Jiahui, who has been "deeply cultivating" in the court system for a long time and holds a lot of power, has a lot of space for rent-seeking.
In 2018, Shenzhen Jiayi C New Century Investment Center applied to the Haikou Intermediate Court for the auction of the second phase of ledong's "Beautiful Longmu Bay" project. Because it involved many creditors and many home buyers, it was easy to trigger social group incidents, and Zhang Jiahui, who served as the leader of the special working group on risk prevention and control and judicial response of the project, asked for the suspension of the auction.
In order to promote the project land auction process, Qiu Dailun, chairman of Shenzhen A and B Fund Management Company, borrowed 4 million yuan from a friend and sent 5 million yuan to Zhang Jiahui's husband Liu Yuansheng.
Qiu Dailun recalled: "Shortly after sending the money, Liu Yuansheng said that the land auction of the second phase of 'Beautiful Longmu Bay' should be no problem. ”
After Liu Yuansheng received the money, he told Zhang Jiahui about Qiu Dailun's money and entrustment. Soon, Zhang Jiahui told him that he had presided over a meeting to discuss the "Longmu Bay" project and agreed to Qiu Dailun's conditional auction solution. Later, the Haikou Intermediate Court resumed the implementation of the auction procedure.
Among them, Zhang Jiahui only implemented the authority of presiding over the meeting, giving instructions and other acts, and easily made a profit of 5 million.
Behind the desperate risks, it is usually driven by huge economic interests. Taking the two construction contract disputes of the Affiliated Hospital of Hainan Medical College as an example, under the intervention of Zhang Jiahui, the judgment result was about 13.2 million yuan less than the first-instance judgment. The rich "spread" attracts major enterprises to flock to it.
Zhang Lindong, a shareholder of Hainan Daya Real Estate Company, has been a long-time friend of Zhang Jiahui and Liu Yuansheng. In 2015, Zhang Lindong found Zhang Jiahui's husband Liu Yuansheng to help, Hainan Daya Company, Hainan Daya Investment Company several pieces of land due to planning adjustments to be recovered, Zhang Lindong felt that the government compensation standards were too low. Liu Yuansheng suggested an administrative lawsuit and recommended Gan Li, the legal counsel of his own company, Hainan Dinas, to represent the case. Zhang Jiahui greeted Gan Wenping, president of the Xiuying Court, who undertook the case, hoping to take care of Daya Company and support its litigation claims. The first-instance judgment changed the amount of land compensation for Daya Company from more than 230 million yuan to more than 428 million yuan.
After Zhang Lindong achieved the purpose of the lawsuit, he gave Liu Yuansheng 1 million yuan in the parking lot of a hotel in Haikou City during the Spring Festival in 2018.
02 Deputy Director of the Taxation Bureau and member of the Chinese People's Political Consultative Conference (CPPCC) were included in the list of bribe-givers
In the entire chain of bribery and bribery, the bribe-giver, the bribe-taker and the judicial staff who are "greeted" are indispensable.
The editor-in-chief has an attitude (WeChat: zbytdya) and found that the bribe-givers included 18 lawyers and a number of business owners and officials, and there were 39 companies involved. One of the lawyers may represent multiple cases. For example, Zhang Fu, a rev. partner of Hainan Tanghai Law Firm, who paid the highest amount of bribes, asked Zhang Jiahui for help in six cases, including the contract dispute case of Hainan Sixth Construction Engineering Co., Ltd., and the amount of bribes reached 6.15 million yuan.
Tu Xianya, director of Hainan Fangyuan Law Firm, received Zhang Jiahui's attention for the cases he represented at his law firm, and from 2013 to 2019, during the Spring Festival every year, he also went to Zhang Jiahui's home to give Zhang 200,000 yuan, a total of 1.4 million yuan seven times.
It is worth mentioning that among the 37 bribe-givers, Zheng Chengfa, who is currently deputy director of the Yangpu Economic Development Zone Taxation Bureau of the State Administration of Taxation. Before 2018, Zheng Chengfa has been working in the local tax bureau of Yangpu Economic Development Zone in Hainan Province, and served as the deputy director of the local taxation bureau of Yangpu Economic Development Zone, and in July 2018, the tax agency reform, Zheng Chengfa served as the deputy director of the Yangpu Economic Development Zone Taxation Bureau of the State Administration of Taxation.
Around 2015, Zheng Chengfa and his ex-wife conducted divorce proceedings due to emotional discord, and after the first-instance and second-instance judgments, the ex-wife was not satisfied, and in 2017, she applied to the court for a retrial. Through Liu Yuansheng, he asked Zhang Jiahui for help. Zhang asked Lin Zhen, a member of the court's department in charge, to greet Zheng Yanjie, the judge who undertook the appeal. After the retrial application was rejected, at the end of 2017, Zheng Chengfa gave Liu Yuansheng 100,000 yuan at the Yuntian Cafe in Haikou Shuiyuntian Community.
Zhan Hanqin, chairman of Hainan Yirun Real Estate Development Co., Ltd., who is a member of the Hainan Provincial Committee of the Chinese People's Political Consultative Conference, and Chen Hongjuan, director of Hainan Jinyu Law Firm, are also on the list of bribe-givers.
An important intermediary for Zhang Jiahui to accept bribes was her husband, Liu Yuansheng. Most of the bribes accepted before Zhang Jiahui and Liu Yuansheng divorced in March 2017 were directly accepted by Liu Yuansheng, and the other part was operated by Zhang Jiahui's nephew Liu Lei in the middle. This kind of "specific relationship person" is not uncommon among fallen officials, and Zhang Jiahui has only adopted the same covert means, and she is the person behind the real use of judicial power.
03 37 judicial staff were "greeted", two presidents refused
Zhang Jiahui's methods of interfering in the administration of justice were crude and varied; some of them called the responsible person of the lower court and greeted the relevant judge who undertook the case, asking for care of the relevant entrusting party; some telephone pressure "It is their family's business, we must take care of it," and then sent someone to further convey the request to the judge who undertook the case, and some personally expressed their views in favor of the trustee's side in the adjudication committee.
The editor-in-chief had an attitude (WeChat: zbytdya) and found that as many as 37 judicial staff (some heads of business departments and court presidents, most of whom were undertakers) were "greeted" and listened to Zhang Jiahui's opinions.
It can be seen that Zhang Jiahui, as vice president of the Hainan Higher People's Court, reflects the seriousness of the local judicial ecological pollution, which reflects the fragility of the risk points of judicial corruption, and the judicial system needs to be further improved.
The court held that Zhang Jiahui's official status had obvious influence and restrictive effect on the handling of cases and on the conduct of judicial staff of lower courts.
As a member of the adjudication committee of the provincial high court, he has the adjudication authority to appeal cases or retrial cases involving administrative litigation cases when participating in the discussion of the adjudication committee. As vice presidents and members of the party leading group, they have influence and corresponding decision-making power over the court leaders and general judicial staff of the people's courts at lower levels in areas such as job promotion, grade evaluation, and evaluation of excellence.
When his "rice bowl" is in the hands of Zhang Jiahui, it is not difficult to understand why there are so many "gourd monks arbitrarily judging gourd cases".
In the 158-page verdict, the editor-in-chief found a special case, li Qing, former president of the Sanya Intermediate People's Court, and Chen Heng, vice president.
According to the judgment, in May 2017, Cao Liming, president of Suzhou Gold Mantis Architectural Decoration Co., Ltd., asked Zhang Jiahui and Liu Yuansheng to help with the company's decoration contract dispute case and gave Liu Yuansheng 3 million yuan in the parking lot of Yuntian Cafe in Shuiyuntian Community, Haikou City.
After receiving the money, Liu informed Zhang Jiahui that Zhang took advantage of his position to call Li Qing, president of the Sanya Intermediate Court, who was in charge of the second-instance trial of the case, and Chen Heng, vice president, to ask for support for the demands of the Gold Mantis Company. However, the two did not support the claims of Gold Mantis Company as requested by Zhang Jiahui, and the second instance rejected The appeal of Gold Mantis Company, upheld the original judgment, and Gold Mantis Company paid a liquidated damages of 6.05 million yuan.
In the testimony of Chen Heng and Li Qing, the two presidents mentioned that at that time, Zhang Jiahui called them separately to ask for care of the Gold Mantis Company, and although they agreed on the phone, they did not greet the members of the collegial panel or inquire about the case afterwards.
Because after Zhang Jiahui greeted the Sanya Intermediate Court, the court did not support Cao Liming in the second instance. The Gold Mantis Company applied to the Provincial High Court for a retrial, and this time, Cao Liming took out another 2 million yuan and asked Zhang Jiahui and Liu Yuansheng to help.
Zhang Jiahui found Zou Hanjiang, the head of the appeal review business division of the case, and asked him to help take care of the Gold Mantis Company and support the case to enter the retrial procedure. It agreed. In December 2018, the provincial high court ordered the Sanya Intermediate People's Court to retry.
During the retrial, Zhang Jiahui greeted Li Qing for the second time, and although Li Qing also agreed, he did not greet the relevant personnel.
Li Qing, 56 years old, is one year older than Zhang Jiahui. She worked as a teacher at the Southwest University of Political Science and Law for five years and as a teacher and lecturer at the Hainan Branch of the National Court Cadre Amateur Law University for seven years. From 2003 to 2012, he served as a judge in the Hainan Higher People's Court for nine years, then transferred to the Sanya Intermediate Court as vice president and president, and then transferred to Haikou as vice president and acting president in 2019. At present, he still serves as the president of the Haikou Intermediate Court.
Zhang Jiahui may not have thought that years of painstaking management would be shattered, leaving only 18 years of imprisonment. She would not have thought that the original report of a "tens of billions of deans" would eventually involve a large area of judicial corruption. Dozens of judicial peers and friends are also exposed to the sun.
On December 10, the website of the Central Commission for Discipline Inspection and the State Supervision Commission published "Interpretation of the Legal Consequences of Bribery | Lawyers" on the Zhang Jiahui case. The Lawyers Law of the People's Republic of China stipulates that lawyers must not engage in eight types of conduct in their professional activities, including "bribing judges, procurators, arbitrators and other relevant staff, introducing bribes, or instigating or inducing parties to pay bribes".
"Lawyers' bribery is a serious illegal act, and China has established a complete set of prevention and punishment mechanisms from the Criminal Law, the Lawyers Law, and the Code of Conduct for Lawyers' Practice." Cai Yuanpei, an assistant professor at the School of Criminal Justice of China University of Political Science and Law, said that this behavior will be seriously investigated by laws and regulations, ranging from suspension of practice and revocation of his lawyer's practice certificate, or seriously constituting a crime and requiring criminal responsibility according to law.
Although Zhang Jiahui has been sentenced, the aftershocks of the judicial system are long.
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【Source: Xiaoxiang Morning News】
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