Editor's note
An important embodiment of judicial fairness is to make the bad guys pay the price for their illegal acts, rather than increasing the cost of protecting the rights of the good guys, and the "law" must never give in to the "lawless". The country's development needs increasingly perfect laws, and the people need fairness and justice, and we look forward to China's rule of law construction entering a new stage at an early date, so that those who violate the law and commit crimes have nowhere to hide.
The routine loan gang carefully set up a scheme, and private educators were wronged into the game
Hebei Institute of Fine Arts is a private full-time undergraduate art college, located in Xinle City, Hebei Province, covering an area of more than 7,000 acres, with more than 27,000 students and nearly 3,000 faculty members. It is precisely because of this strength and reputation that it has been coveted for a long time.
Zhen Zhongyi, the organizer of Hebei Academy of Fine Arts, and his ex-wife's daughter Zhen Zimeng have not seen each other for many years, and Zhen Zimeng is already the chairman of Hebei Zude Lighting Equipment Technology Co., Ltd. when he was in his heyday, Zude Company opened more than 30 stores in Shijiazhuang, with more than 200 employees, and was praised by Zhen Zhongyi's friends.
In 2014, Zhen Zimeng, Zhen Zimeng, Zhen Pingshe, Song Huiying and others found Zhen Zhongyi on the grounds that Zude Company was expanding its flagship store, and asked Zhen Zhongyi to personally provide a guarantee for the loan between them. Zhen Zhongyi never imagined that his fellow clan, fellow villagers, Fa Xiao, and friend Zhen Pingshe would trap him by such despicable means, let alone that his daughter would join them to forge a loan contract from the Hebei Academy of Fine Arts.
During the interview, the reporter learned that because Zhen Zhongyi, president of the Hebei Academy of Fine Arts, found that Zhen Zimeng had privately engraved the seal of the Hebei Academy of Fine Arts, he sent someone to send Zhen Zimeng to the public security organ to report the case, blocking Zhen Zimeng's continued borrowing from the society to repay the principal and interest capital chain of this family group that harmed the society, resulting in the case of a loan of 151.2 million yuan forged by the Hebei Academy of Fine Arts by Zhen Pingshe, Song Huiying, Zhen Xiaolian and other family-style loan gangs. After Zhen Zimeng was arrested, a family-style professional money lending gang led by Zhen Pingshe sued the Xinle City People's Court in Hebei Province with a forged loan contract from the Hebei Academy of Fine Arts, using a numbered and undated so-called complaint that seriously lacked the basic elements of the plaintiff that should be expected of the complaint. Through the so-called evidence such as the loan contract and IOU presented to the court by the family-style loan gang served by the Xinle Municipal Court, it is known that in the contract originally provided by the fraudulent loan gang to the Xinle Municipal People's Court in August 2019, Zhen Pingshe, Song Huiying and 12 others sued Hebei Academy of Fine Arts for 18 loan contracts involving 91.7 million yuan, 15 of which were not stamped with the seal of Hebei Academy of Fine Arts, and 2 contracts were stamped with the false seal of Hebei Institute of Fine Arts; among the 15 loan contracts involving 59.5 million yuan under Zhen Xiao's name, 11 contracts were not stamped with the official seal of Hebei Fine Arts, one contract was suspected to be the official seal of Hebei Academy of Fine Arts, and three loan contracts with the fake seal of Hebei Academy of Fine Arts were visible to the naked eye. With the umbrella behind the scenes calmed down, the criminal responsibility of the case should be pursued and the trial resumed. In February 2023, Zhen Pingshe and Song Huiying provided the Xinle Municipal People's Court with the loan contracts forged before the reversal of the debts from 2014 to 2019. In this series of contracts, nearly 60 contracts were altered without permission, and the loan amount of 5 million was filled in privately, most of which were printed by formatting the loan contract and adding the money into Zhen Zimeng's account. Zhen Zimeng admitted in the June 2023 trial transcript that he privately engraved the official seal of the Hebei Academy of Fine Arts. They used methods such as stealing seals, fraudulently stamping official seals, privately carving seals, forging Zhen Zhongyi's handprints, altering, and adding forged contract contents to cover up the truth and the loan relationship between them and Zhen Zimeng.
Zhen Zimeng's private engraving of the official seal arrest notice Zhen Zimeng's contract fraud case filing decision
Falsification of contracts, alteration and additions is an excerpt from one of them
An excerpt from the case of a false seal being affixed to the contract
With the conclusion of the investigation of Zhen Zimeng's suspected contract fraud case filed by the Qiaoxi District Public Security Bureau of Shijiazhuang City, after a preliminary audit, none of the loans between Zhen Zimeng and Zhen Pingshe, Song Huiying, Zhen Xiaolian, and other family-style loan gangs flowed into the account of Hebei Academy of Fine Arts; It was not used for the construction of Hebei Academy of Fine Arts as stated in the contract. The conclusions of the investigation of the two public security organs were surprisingly consistent. Who exactly borrowed the money?
was caught in a series of frauds, and huge assets were frozen
According to all the bank statements of Zhen Zimeng provided by the Xinle Municipal People's Court, 13 people including Zhen Pingshe and Song Huiying (Wang Xiaolian, Song Huiying's mother, who did not have a loan contract, but received tens of millions of yuan from Zhen Zimeng's bank transfer) from 2014 to 2019, a total of 270 million yuan was transferred into Zhen Zimeng's account, and Zhen Zimeng entered the account of Zhen Pingshe and others 240 million yuan. On January 9 and 10, 2017 and January 28-30, 2019, Song Huiying, Zhen Pingshe and others were suspected of maliciously raising debts by making false bank statements with Zhen Zimeng through bank accounts; According to Zhen Pingshe's interrogation transcript used as evidence in Zhen Zimeng's criminal investigation, the principal amount lent to Zhen Zimeng was about 20 million to 30 million yuan, and why was there a difference of 50 million or 60 million yuan in the same lender in criminal cases and civil cases? Who is lying?
Zhen Pingshe admits to altering the transcript Zhen Pingshe lent 2000-30 million records
Diagram of the family relationship of Zhen Pingshe
Zhen Pingshe and others "sued the wicked first" and wanted to use the lawsuit to claim "debts" from the Hebei Academy of Fine Arts. To Zhen Zhongyi's surprise, the judges of the Xinle Municipal People's Court who presided over the case ruled in 2019 to seize a total of 255 acres of six pieces of educational land of the Hebei Academy of Fine Arts, which were converted into more than 600 million yuan at the same land price, in addition to this, the Xinle Municipal People's Court also seized more than 24 million yuan in cash from the Hebei Academy of Fine Arts and 32.3 million yuan in the project money that had been paid to other units. What made Zhen Zhongyi even more unacceptable was that the Xinle Municipal People's Court once froze the basic account (college student financial aid account) and party building account of Hebei Institute of Fine Arts. After the trial resumes in 2023, the presiding judges of the Xinle Municipal People's Court, Liu Huijie, Li Hongchao, Wang Chao, and others ignored their own records of going to the detention center and prison to question Zhen Zimeng, as well as Zhen Zimeng's admission of the fact of the loan in court, and only relied on the loan contract and flow signed by Zhen Pingshe and others to trick Zhen Zhongyi into signing in the name of Zhen Zimeng's loan guarantee, and arbitrarily adjudicated, Hebei Academy of Fine Arts repaid the principal of 145009582 yuan and 24% per annum Repay the interest (principal interest of more than 300 million yuan), preserve 183.22 acres of 4 pieces of land of Hebei Academy of Fine Arts, and preserve 120,940,000 yuan of 4 accounts.
In this case, the Hebei Academy of Fine Arts and Zhen Pingshe and other family-style professional lending gangs neither actually borrowed nor received the loans, let alone repaid the interest on the loans between Zhen Zimeng and them, and were sentenced to bear the repayment responsibility of more than 300 million yuan in principal and interest, which seriously affected the teaching order and construction and development of the college, and the education funds of more than 30,000 teachers and students are being embezzled by these illegal loan elements.
The Hebei Institute of Fine Arts believes that Zhen Pingshe and Zhen Xiaolian, as members of the Communist Party of China and both public officials, used the so-called funds of several hundred million yuan to lead a family-style money lending gang to fabricate false legal relations and false facts, and filed a civil lawsuit with the people's court, which has constituted the crime of false litigation in accordance with the provisions of the mainland's Criminal Law.
Some people bend the law for personal gain and try to reverse black and white
Hebei Institute of Fine Arts believes that Liu Shuchao, the former deputy secretary of the party group and vice president of the Xinle City People's Court (currently the deputy secretary of the party group and vice president of the Shenze County People's Court), acted as a protective umbrella for the family lending gang of Zhen Pingshe, the former director of the Xinle City Foreign Trade Bureau, in the trial of the case of bending the law for personal gain in August 2019. After the Hebei Institute of Fine Arts filed a case for Liu Shuchao for illegally approving the deferred payment of litigation fees, illegally dividing the case, illegally using summary procedures to try the case, refusing to participate in the litigation of Zhen Zimeng, the main party who should participate in the litigation, and refusing the Hebei Academy of Fine Arts' request to obtain all the bank statements involved in the case, Hebei Academy of Fine Arts and Zhen Zhongyi's agent applied in court to recuse Liu Shuchao, who could no longer hear the case fairly, while Liu Shuchao and other presiding judges continued to hear the case illegally. Although the judges presiding over the family-style professional lending gangs such as Zhen Pingshe, Song Huiying, and Zhen Xiaolian were changed after the case resumed in 2023, it still continued to hear the judgment case on the basis of perverted judgment laid by Liu Shuchao, and during the trial, the presiding judge refused to transfer all the bank statements of the borrower, refused to find out whether the loaned funds were legal, and refused to appraise the official seal, Zhen Zhongyi's handwriting, fingerprints, etc., and it can be seen from the final first-instance judgment of the Xinle Municipal People's Court that Liu Shuchao and the current presiding judges Liu Huijie, Li Hongchao, and Wang Chao are Zhen Pingshe, Song Huiying, Zhen Xiaolian and other family lending gangs acted as protective umbrellas, and the arbitrary judgment is the most powerful proof.
In July 2023, the Xinle Municipal People's Court ruled that Hebei Academy of Fine Arts should repay the principal and interest of more than 300 million yuan to the above-mentioned people, and Hebei Academy of Fine Arts was dissatisfied with the judgment, and the civil case was appealed to the Shijiazhuang Intermediate People's Court and the original judgment was upheld. The judges presiding over the case of the Xinle City People's Court and the Shijiazhuang City People's Court deliberately concealed and covered up the records of the two interrogations made by the People's Court to Zhen Zimeng in person, Zhen Zimeng admitted that the seal of the Hebei Academy of Fine Arts involved in the case was fraudulently stamped or privately engraved, and cooperated with the other party to fraudulently obtain Zhen Zhongyi's signature, and that the loan in this case was the "Record of Interrogation" by Zhen Pingshe, Zhen Xiaoshui, Song Huiying, and others who knew that they had lent money to her and had nothing to do with the Hebei Institute; Cover up the three key pieces of evidence that can prove that the family headed by Zhen Pingshe in this case knowingly borrowed money from Zhen Zimeng and conspired with Zhen Zimeng to jointly forge the loan contract of Hebei Academy of Fine Arts, which has been cross-examined by the court; Knowingly and deliberately covering up the 151.2 million yuan false loan contract of the Hebei Academy of Fine Arts involved in the case, saying that Zhen Zimeng was entrusted to borrow money on behalf of the Academy of Fine Arts but could not submit any evidence of entrustment, knowingly and deliberately concealing and covering up the existence of key evidence that seriously affects the characterization of the case, such as the lack of legal sources of the funds involved in the case, the routine, and false litigation. Only because Zhen Zhongyi did not fulfill his duty of prudence when signing, the Hebei Academy of Fine Arts, which had no loan and no loan, was liable for repayment. The Shijiazhuang City Intermediate People's Court again upheld a perverse judgment in violation of law. Zhen Zhongyi's imprudent signature does not mean that the criminal act of fraud committed by others is legal! Zhen Zhongyi's imprudent signature does not mean that others do not constitute a crime! Zhen Zhongyi's imprudent signature does not mean that a person who violates the law or commit a crime can embezzle the public interest of the college's education funds! It is hoped that the people's court for retrial will correct it in accordance with the law.
Professionals speak out and call for fairness and justice
The case of "Hebei Academy of Fine Arts Caught in Fraud and False Lawsuits" has aroused widespread concern in the society, and some professionals in the legal field have also taken the initiative to stand up for Zhen Zhongyi and Hebei Academy of Fine Arts, calling for fairness and justice.
Professor Sun Fulong, senior partner of Beijing Dacheng (Shijiazhuang) Law Firm and master's tutor of Hebei University of Economics and Business, and Dr. Liu Hongchuan, a lawyer from Beijing Dacheng (Shijiazhuang) Law Firm, and Dr. Liu Hongchuan, a lawyer of Beijing Dacheng (Shijiazhuang) Law Firm, believe that Zhen Zimeng colluded with Zhen Pingshe, Song Huiying, Zhen Xiaolian and others to privately engrave the official seal of Hebei Academy of Fine Arts. The legal person seal and Zhen Zhongyi's signature and seal were used illegally for private purposes, and it was suspected of collaborating to forge a false loan contract of Hebei Academy of Fine Arts and falsely performing the facts, and committing a criminal act for the purpose of false litigation fraud.
Chen Xingliang and Che Hao, professors and doctoral supervisors of Peking University Law School, stated in the "Expert Advisory Opinion on the Case of Zhen Zimeng's Series of Cases Suspected of Fraud and False Litigation" that based on the specific facts of the case, it is believed that the acts carried out by the persons involved in the case, Zhen Zimeng, Song Huiying, Zhen Pingshe, and others are fraudulent acts of "defrauding property by fraudulently obtaining guarantees", and the crime of fraud in the sense of the Criminal Law is established. When the perpetrator initiates a civil lawsuit based on a fabricated loan relationship and a guarantee relationship, it not only obstructs the judicial order, but also seriously infringes upon the lawful rights and interests of others, constituting the crime of false litigation.
Bian Jianlin, professor of procedural law and doctoral supervisor of China University of Political Science and Law and president of the Criminal Procedure Law Research Association of China Law Society, and Chen Ruihua, professor and doctoral supervisor of criminal procedure law of Peking University and chairman of the academic committee of Peking University Law School, expressed their expert opinions in the "Expert Argumentation Legal Opinion on Suspected Fraud and False Litigation in Zhen Zimeng's Series of Cases", which believed that there was evidence in the series of cases to prove that Zhen Zimeng, Zhen Pingshe and other actors have facts that constitute a crime, that is, the relevant actors' conduct constitutes the crime of fraud and false litigation in accordance with the provisions of the Criminal Law, and their criminal responsibility shall be pursued in accordance with law, and there is no statutory exception to not pursuing criminal responsibility, and the requirements for filing a criminal case are met.
There are doubts in many cases, and there are "mysteries" in private lending
According to insiders, Zhen Pingshe used to be the former director of the Foreign Trade Bureau of Xinle City, and he has many family members, extensive connections, and relatives working in local public security organs.
In 2016, Zhen Pingshe and others sued Huaxin College of Hebei University of Geosciences and Shijiazhuang People's Medical College to the Xinle Municipal People's Court and Shijiazhuang Intermediate People's Court on the grounds of private lending, with a case value of more than 1,800 yuan.
In 2017, Zhen Pingshe's younger brother Zhen Xiaolian once again used private lending disputes as an excuse to file a lawsuit with Huaxin College of Hebei University of Geosciences and Shijiazhuang People's Medical College against the Xinle Municipal People's Court, with a case value of more than 1,700 yuan.
Since 2014, Zhen Pingshe and others have had a so-called private lending dispute with Hebei Institute of Fine Arts, and split the case into 17 cases and filed a lawsuit with the Xinle Municipal People's Court, with a value of 151.2 million yuan.
Looking at the above cases, it is not difficult to see that Zhen Pingshe and others have formed a gang organization, they provide high-interest loans, are suspected of dozens of contracts, and lend high-interest loans to several private colleges and universities, and then through operation, and finally achieve illegal goals.
postscript
"In broad daylight, it's bright. "Perhaps no one can believe that at a time when the construction of the rule of law is in a critical period, such a dirty thing has happened. Zhen Pingshe and others are mercenary and abuse their powers, and their illegal acts are contempt for China's legal system and hinder the process of building China's rule of law. I sincerely hope that this case can attract the attention of relevant leaders and government departments, safeguard the legitimate rights and interests of Hebei Academy of Fine Arts and Zhen Zhongyi, and give justice to Hebei Institute of Fine Arts and Zhen Zhongyi.