Zheng Shuang has no property in his name that can be executed? Lawyer: If he deliberately conceals the transfer of property or is sentenced to 3 years in prison
After being banned for "surrogacy abandonment" and "tax evasion", a few days ago, the new enforcement ruling in the contract dispute between actor Zheng Shuang and Zhejiang Haining Dongkai Star Film and Television Investment Co., Ltd. was issued by the Shanghai Songjiang District People's Court.
Xiaoxiang Morning News (WeChat: xxcbbaoliao) reporter saw from the ruling that the court believed that after exhausting property investigation measures, Zheng Shuang, the person subject to enforcement in the case, had no property available for enforcement, and agreed to terminate the case enforcement procedure after interviewing with the person applying for enforcement.
The court found that Zheng Shuang had no property to enforce for the time being
According to the information disclosed in the document, the execution involved a contract dispute between Zheng Shuang and Zhejiang Haining Dongkai Star Film and Television Investment Co., Ltd.
A reporter from Xiaoxiang Morning News inquired and found that the effective legal documents made in the case in 2021 determined that Zheng Shuang should return the service fee of 30.5 million yuan to Zhejiang Haining Dongkai Star Film and Television Investment Co., Ltd. within 10 days from the effective date of the judgment, and compensate him for economic losses of 60 million yuan.
On December 7, 2023, Zhejiang Haining Dongkai Star Film and Television Investment Co., Ltd. applied to the Shanghai Songjiang District People's Court for enforcement. The court filed the case for enforcement on the same day, and issued an enforcement notice and a property report order to Zheng Shuang, ordering him to perform the above obligations within a time limit and bear the enforcement fee of 157,900 yuan and the interest for delayed performance that should be paid in accordance with the law.
Before the end of this enforcement procedure, the court seized the real estate at 2F-B066, 2F-B067, 2F-B068, 2F-B077, 2FB078, and 2F-B079, No. 48, Zhongjie Road, Shenhe District, Shenyang City, Liaoning Province, and froze the equity of company 2 worth 1.25 million yuan, etc.
In the end, the court held that after exhausting the property investigation measures, Zheng Shuang, the person subject to enforcement in this case, had no property available for enforcement for the time being, so there was no condition for continuing enforcement, and agreed to terminate the enforcement procedure after an interview with the person applying for enforcement.
The amount that has been executed has not been fulfilled
According to public information, in 2021, Zheng Shuang's surrogacy incident was exposed, and the "Radio and Television Times Review", a key publication in charge of the State Administration of Radio and Television, said in response to this incident, "It will not provide opportunities and platforms for scandalous people to speak out and show their faces". In the same year, she was also investigated by the First Inspection Bureau of the Shanghai Municipal Taxation Bureau on suspicion of signing a "yin-yang contract", splitting income to obtain "sky-high remuneration", tax evasion, tax evasion, and tax evasion.
According to the State Administration of Taxation, in early April 2021, the First Inspection Bureau of the Shanghai Municipal Taxation Bureau, with the cooperation and assistance of the tax authorities in Tianjin, Zhejiang, Jiangsu, Beijing and other places, has found that Zheng Shuang failed to declare personal income of 191 million yuan from 2019 to 2020, evaded taxes of 45.2696 million yuan, and underpaid other taxes of 26.5207 million yuan. Therefore, Zheng Shuang was punished by recovering taxes, imposing late fees and fines totaling 299 million yuan in accordance with the law.
As of August 2021, Zheng Shuang has paid all taxes and late fees, and another 218 million fines have not been paid.
In addition, Zheng Shuang still has more than 15.72 million yuan of unfulfilled amount, involving a service contract dispute with Horgos Shanghui Film and Television Culture Media Co., Ltd., the production company of "Top Secret".
Tianyancha App shows that at present, Zheng Shuang has a total of 10 companies associated with it, and 5 are in existence, including Shanghai Whale Valley Artificial Intelligence Technology Co., Ltd., Shanghai Aiyi Information Technology Co., Ltd., Shanghai Gagu Entertainment Development Co., Ltd., Jiujiang Cool Bear Film and Television Culture Studio, and Jiujiang Herd Effect Film and Television Culture Studio. Among them, Zheng Shuang's shares in Shanghai Gagu Entertainment Development Co., Ltd. and Shanghai Whale Valley Artificial Intelligence Technology Co., Ltd. have been frozen.
Lawyer's interpretation: If Zheng Shuang deliberately conceals property and refuses to enforce it, it may violate the criminal law
At the end of February 2024, a case of unjust enrichment dispute disclosed by the Shanghai High People's Court once again sparked heated discussions because it involved actress Zheng Shuang. During the trial of the case, the court found that Zheng Shuang's "A Chinese Ghost Story" was paid 156.25 million yuan, and the daily salary exceeded 2.08 million yuan according to the filming time.
Some netizens also questioned: "Is it possible for Zheng Shuang to deliberately hide and transfer property?"
In this regard, Zhao Liangshan, a lawyer at Shaanxi Hengda Law Firm, told reporters that the consequences of refusing to perform the obligations determined by the court's judgment documents are very serious, and the court can take measures and compulsory measures such as restricting high consumption, being included in the list of dishonest persons subject to execution, and judicial detention if it is capable of refusing to perform, and those who constitute the crime of refusal to execute will be investigated for criminal responsibility in accordance with the law.
"Whether Zheng Shuang concealed the transfer of property remains to be further investigated by the court, and the results of the investigation shall prevail. He said.
As far as the Shanghai Songjiang District People's Court is concerned, the court can only terminate the enforcement procedure because Zheng Shuang's property can be found that can be enforced.
However, if it is found that he has the ability to repay the loan but refuses to do so, and deliberately conceals and transfers property, and the circumstances are serious, he violates Article 313 of the Criminal Law and is suspected of refusing to enforce a judgment or ruling, and faces fixed-term imprisonment of not more than three years, short-term detention or a fine. where a crime is not constituted, the court may impose a fine or detention on the basis of the severity of the circumstances.
Xiaoxiang Morning News reporter Sun Qingyun