Yangzi Evening News Network July 5 (correspondent Zhou Guilin Gao Guangzhi reporter Liu Liu) "Without you, this enterprise would not exist now, thank you again for the concern of the procuratorate." We have put on new equipment, and will operate in accordance with the law and give back to the society..." A few days ago, in the face of the procurators of the Dantu District Procuratorate in Zhenjiang City, Jiangsu Province, who came to visit the door, Liu Jian, the person in charge of a private enterprise, said emotionally.
The prosecutor saw at the scene that the machines in the workshop were roaring, the concrete mixer trucks came and went, and there was a busy weather; and in a piece of farmland near the enterprise, crops such as green vegetables were growing happily in the summer sun. Liu Jian frankly said that the scene in front of him is very different from two years ago. Previously, in the nearly two years of handling Liu Jian's case of illegal occupation of agricultural land and illegal transfer of land use rights, Liu Jian's daughter Liu Fang wrote to the procuratorate three times for the survival and development of the enterprises involved in the case, and as the case progressed, the request for help also became a thank you.
Liu Jian is the actual controller of a concrete company in Dantu District, Zhenjiang City. From 2006 to 2013, the concrete company expropriated more than 90 mu of collective land from villagers in a village through land circulation, and gave villagers some compensation. However, liu jian, without obtaining legal land use procedures, solidified more than 70 mu of agricultural land and built enterprise houses, except for more than 20 mu after being approved by the provincial competent department, which was transferred to construction land, accumulatively destroying more than 9 mu of cultivated land and more than 30 mu of other agricultural land; at the same time, Liu Jian also leased the remaining 26 mu of land to others for non-agricultural construction, resulting in the destruction of more than 4 mu of cultivated land. The local people were dissatisfied with the compensation cost of land requisition, and then went to the local land department to petition.
On April 28, 2019, the land department transferred the case clues to the public security organs. On May 8 of the same year, the public security organs opened an investigation into the case on suspicion of illegally occupying agricultural land. On May 27 of the same year, Liu Jian voluntarily surrendered and truthfully confessed the main facts of the crime. Because the case involved enterprises and agriculture, the Dantu District Procuratorate of Zhenjiang City sent personnel to guide the investigation at the first time. Procuratorial organs have put forward more than 10 investigative recommendations around areas such as the subject of the crime, the criteria for criminalization, and the determination of the amount, and have guided the public security organs to supplement more than 20 pieces of evidence. For more than 20 mu of agricultural land that was supplemented after illegal occupation, transferred the nature of the land according to law, and legally obtained the right to use, the procuratorial organs also suggested that the public security organs deduct it from the amount of the crime and adopt it.
On June 27, 2019, the public security organs submitted Liu Jian's case to the Dantu District Procuratorate for approval of arrest on suspicion of illegally occupying agricultural land. Because Liu Jian still has other criminal clues to investigate, on July 4, 2019, the procuratorate approved Liu Jian's arrest in accordance with the law. While approving Liu Jian's arrest, the procuratorial organs held that Liu Jian's act of leasing more than 26 mu of land to others for non-agricultural construction without obtaining legal land use procedures was also suspected of the crime of illegally transferring land use rights, so it was suggested that the characterization of this part of the criminal facts be changed, which was also adopted by the public security organs.
"After the father was arrested, the operation of the enterprise was seriously hindered, the bank urgently collected loans and cut off loans to the enterprise, the business unit suspended the order, the creditor dunning, the wage arrears, without the father's helm, the original development momentum of the enterprise will soon embark on the road of bankruptcy and bankruptcy..." In July 2019, a letter from Liu Fang, the current legal representative of the concrete company and Liu Jian's daughter, was placed on the desk of Zhang Xinxiang, chief procurator of the Zhenjiang City Procuratorate. Under the premise of handling cases according to law, it is necessary to minimize the negative output of judicial case handling and minimize the negative impact on private enterprises! Procurator Zhang Xinxiang put forward clear requirements for the handling of the case.
Under the guidance of the Zhenjiang Municipal Procuratorate, the Dantu District Procuratorate quickly and synchronously carried out a number of work such as resolving contradictions in petitioning and reviewing the necessity of detention. After a comprehensive visit and investigation, the procuratorial organs learned that Liu Jian had been the secretary of the party branch of the village committee where the enterprise was located for many years, and in order to develop the economy of the village, in 2007, under the premise of renting the collective land of the village to obtain the right to use, he started construction and established a concrete company; the group to which the concrete company belonged was built by Liu Jian, which was a well-known trademark enterprise in Zhenjiang, solving the employment of more than 300 people, with a good tax credit rating for many years and no record of previous criminal records and untrustworthiness; Liu Jian himself was keen on public welfare and donated funds for many years. After the incident, Liu Jian quickly organized the concrete company to complete the reclamation of the destroyed agricultural land and passed the acceptance of the land department. Under the supervision and coordination of the procuratorial organs, the concrete company also prepaid 3.4 million yuan to solve the basic living security of farmers involved in the land. In addition, after further verification with the public security organs, Liu Jian's other crimes suspected of have been excluded.
Considering that Liu Jian voluntarily surrendered himself, the facts of the suspected crimes have been clarified, the destroyed agricultural land has been reclaimed, and the social contradictions caused by land acquisition have been initially resolved, in order to minimize the negative impact of criminal case handling on private enterprises and private entrepreneurs, on October 10, 2019, the Dantu District Procuratorate decided to release Liu Jian on guarantee pending further investigation after review of the necessity of detention. On October 16, 2019, the court filed a public prosecution with the court for the crimes of illegal occupation of agricultural land and illegal transfer of land use rights by concrete company and Liu Jian, and recommended a sentence of lenient punishment.
After my father returned to the company, he also won orders for the company while avoiding the unemployment crisis of nearly 300 employees. Especially during the epidemic in 2021, we fully serve the construction project of Zhenjiang East Railway Station and inject impetus into local economic growth..." In September 2020, Liu Fang, on behalf of the enterprise, sent a letter of thanks to Procurator Zhang Xinxiang.
After the case was prosecuted, the procuratorial organs, while handling the case according to law, also through multi-party efforts, prompted the concrete company to continue to pay more than 6 million yuan to solve the compensation problem of farmers involved in the land. "Liu Jian was the secretary of our village before, and everyone was a villager who looked down and didn't look up. Now that the compensation money is in place and our basic livelihood is guaranteed, we will no longer petition in the future..." When the procurator came to listen to his opinions, the local people expressed satisfaction with the results of the handling of the matter.
On January 14, 2021, after the court held the second hearing of the case, it adopted all the procuratorial organs' public prosecution opinions and sentencing recommendations, and on January 22, 2021, sentenced the concrete company to a fine of 200,000 yuan, sentenced Liu Jian to two years in prison, suspended for three years, and fined 130,000 yuan.
"The whole process makes us fully feel that the procuratorate really puts the legitimate rights and interests of private entrepreneurs and the life and death of private enterprises in mind." We will unload the burden, move forward with confidence, work hard to operate, create more taxes, actively fulfill our social responsibilities, and repay the care of the procuratorial organs with practical actions! Liu Fang wrote to Procurator General Zhang Xinxiang for the third time to express his gratitude.
(Note: The enterprises and personnel involved in the article are pseudonyms)
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Source: Purple Cow News