(Original title: Cui Yongyuan exposed that "there are thieves in the Supreme Court", and the meaning of the drunkard is not in the wine)
As the saying goes, there is no love for no reason, and there is no hatred for no reason.
As the saying goes, sooner or later you will have to pay it back.
This time, the Supreme Court "met" Cui Yongyuan...
At the end of 2018, Cui Yongyuan threw a bomb. He tweeted that "there are thieves in the Supreme Court", pushing a 100 billion mining rights case in northern Shaanxi to the cusp of the storm.
According to China's judicial system, cases that have been tried by the Supreme People's Court should have "no room for maneuver," but this case has taken a turn for the worse because of the fall of Xi Xiaoming (the former vice president of the Supreme People's Court), and there is an almost absurd and very different result of "two trials and two judgments."
Looking at the trial context of this case, the cruelty of the game behind it can be seen. Cui Yongyuan is worthy of being a master of news manipulation, and a seemingly fluttering phrase "there are thieves in the Supreme Court" actually triggered an unprecedented huge "tsunami" in the field of judicial adjudication in China with four or two forces.
The Governor consulted in detail all the public information of the network public opinion and found that the real cause of the "tsunami" or the obstruction of the enforcement of the Supreme People's Court's judgment may become a "judicial white strip".
So, who has the ability to make the Supreme Court's judgment a "white stripe"? This may be the real purpose of Cui Yongyuan's trading this time.
In other words, although the dust has settled on Xi Xiaoming's case, where are Xi Xiaoming's related interests in this case? As public opinion continues to ferment, we may wish to wait and see.
Today, the Governor sorted out the relevant network information and sorted out the context of the public opinion to entertain the Governor.2
The case file was lost and the judge suspended the trial
The "Shaanxi 100 Billion Mining Rights Case" was remanded by the Shaanxi Provincial High Court in 2006 and remanded by the Supreme Court in 2009, the Shaanxi Provincial High Court overturned the original judgment in the first instance in 2011, and the Supreme Court changed the judgment in the second instance in 2017.
In the early morning of December 30, Supreme Court justice Wang Linqing, who disclosed the matter to the outside world, appeared in a self-described video, saying that the core issue was not just "losing the file", but "changing the file" after it was taken away, causing more speculation in public opinion.
Wang Linqing said that in November 2016, when he was undertaking the second-instance trial of the "Shaanxi 100 Billion Mining Rights Case", one day he opened the office work cabinet and found that the thick first-instance trial files were all there, and a positive volume and a sub-volume of the second-instance trial were missing, and he immediately reported the matter to Cheng Xinwen, president of the First Civil Division of the Supreme People's Court.
Screenshot of Wang Linqing's self-described video
After watching the surveillance video, Cheng Xinwen said that he only saw Wang Linqing take the file back to his office, and then "monitored the damaged black screen" and launched a colleague to search for it but did not find it; but later, when Wang Linqing was asked to make up the file, he found that some of the missing files had inexplicably returned, but there were no key minutes.
Wang Linqing has a recording of a conversation with Cheng Xinwen, in which Wang Linqing believes that some important contents of the file have been stolen, and Cheng Xinwen asks Wang Linqing if he suspects that he stole it. Wang Linqing was always worried about his personal safety, so he recorded a self-report video in advance.
According to public information, Wang Linqing is a native of Yantai, Shandong, a doctor of commercial law from China University of Political Science and Law, a postdoctoral fellow in finance from the Chinese Academy of Social Sciences, a postdoctoral fellow in economics at Chinese Min University, the first "double postdoctoral fellow" in the national political and legal system, who was named the third "Youth May Fourth Medal Pacesetter of Central State Organs" in 2014, nominated by the second "Top Ten Outstanding Young Jurists in the Capital" in 2016, and was also reported by the People's Court Daily as a pacesetter in the Supreme Court, and has been engaged in civil and commercial trials for 20 years.
According to the judgment document network, the cases in which Wang Linqing participated in the trial stayed in 2017, and the rest of the public information also shows that Wang Linqing is a second-level judge of the Supreme Court. But Wang Linqing did not become one of the first batch of judges to be admitted to the Supreme Court in 2017, and his name did not appear in the second batch of judges released by the Supreme Court in November 2018.
100 billion mining rights "one daughter and two marriages"
The Shaanxi 100 Billion Mining Rights Case is a contract dispute over prospecting rights that has lasted for more than ten years, one party is the 51-year-old Shaanxi businessman Zhao Faqi's Keqi Company, and the other party is the Xi'an Institute of Geology and Mineral Exploration and Development of the Shaanxi Provincial Bureau of Geology and Mineral Exploration and Development (hereinafter referred to as the Western Exploration Institute).
In August 2003, the two parties signed an agreement to cooperate with the Western Prospecting Institute in the investigation of the Polo-Hongshiqiao Coal Mine (hereinafter referred to as the Polo Wellfield) in Hengshan County, Yulin, Shaanxi Province. The prospecting rights of the mining area were assessed by the statutory assessment agency and reported to the Land and Resources Department for the record, and the two sides negotiated to determine its value of 15 million yuan. Keqilai paid 12 million yuan for the preliminary exploration costs of the Western Exploration Institute, with an 80% interest, on this basis, Keqilai and the Western Exploration Institute contributed 8:2 to cooperate in the detailed investigation and exploration of coal resources in the area. After the agreement comes into effect, the benefits arising from the appreciation, joint development or transfer of mineral rights in the exploration area will be shared in an 8:2 ratio.
Before signing the agreement, Zhao Faqi did not know whether he could dig up "black gold", in his words, "exploration and investment is like gambling", because he did not know whether there was any mine underground and what the quality was.
However, in 2005, the Western Prospecting Institute demanded the termination of the contract, and the Shaanxi Provincial Development and Reform Commission assigned Polo Ida to a female Hong Kong businessman who had worked as a typist in the Shaanxi Provincial Government and asked her to sign a cooperative survey contract with the Western Prospecting Institute.
A detailed 2005 survey data provided by Zhao Faqi to the media showed that about 1.9 billion tons of high-quality thermal coal were stored under the 279.24 square kilometer block of the agreement exploration area. According to the estimated price of the thermal coal pit at that time, the valuation of this mining area was as high as 380 billion yuan.
The outcome of the two trials and two judgments is unknown
Under the huge interests, many forces are entangled in it, making this contract dispute not only last a long time, but also non-continuous, and the Shaanxi Provincial High Court and the Supreme Court have given two completely different judgments.
In October 2006, the Shaanxi Provincial High Court rendered a first-instance judgment in which Keqilai won the lawsuit: in 2003, the original defendant's cooperative exploration contract was valid, the two parties continued to perform, the Western Prospecting Court paid Keqilai 27.6 million yuan in liquidated damages, and within one month the Western Prospecting Institute transferred the prospecting rights to Keqilai's name.
The Western Prospecting Court then appealed to the Supreme Court, which on November 4, 2009, remanded the case for retrial on the grounds that the facts were unclear in the first-instance judgment.
In March 2011, the Shaanxi Provincial High Court overturned the original judgment and found the contract invalid. In August 2011, Zhao Faqi was also arrested by the Yulin Municipal Public Security Bureau on suspicion of economic crimes.
Zhao Faqi said that the Shaanxi Provincial High Court's retrial and change of judgment was due to xi Xiaoming, the vice president of the Supreme Court at the time in charge of civil trials (Note: He was dismissed in July 2015, according to the Central Commission for Discipline Inspection, he was suspected of serious violations of discipline and law. Intervene in it, swaying the judiciary. He alleged that in 2008 Xi Xiaoming invited the Shaanxi provincial government to send personnel to the Supreme Court for "secret talks.";
In May 2008, the Shaanxi Provincial Government sent a letter to the Supreme Court, stating that the cooperative exploration contract between the Western Prospecting Yuan and Keqilai had not been completed and implemented, and should be an invalid contract, that the Shaanxi Provincial Higher People's Court's first-instance judgment had an incorrect understanding of the basis for citing the documents, and that cooperative exploration had nothing to do with prospecting rights, that there were illegal regulations in the first-instance judgment transferring the prospecting rights to Yulin Keqilai's name, and that the implementation of the first-instance judgment would cause a serious loss of state-owned assets and would have a greater negative impact on Shaanxi's stability and overall development.
Zhao Faqi appealed to the Supreme Court of Shaanxi Province in the second instance.
After Xi Xiaoming fell, Zhao Faqi's case took some turnaround. On January 12, 2017, the case was heard for the second time in the Second Instance of the Supreme Court, and the trial lasted for a full day. On December 21, 2017, the Supreme People's Court issued a judgment overturning the judgment of the Shaanxi Provincial High Court, finding that the contract between Keqilai and the Western Prospecting Institute was valid and ordering the Western Prospecting Court to continue to perform the contract.
For Zhao Faqi, the good news is that he finally got the final judgment of "validity of the contract" and "continued performance". The uncertainty is that the prospecting rights have not been transferred to his name. The so-called "continued performance" also depends on his game with the Western Prospecting Institute and the competent departments of Shaanxi Province, which is not easy, because the Boluo Wellfield has already had more entrants, and whether it can get the big cake of prospecting rights is still unknown.