The 36-year-old Yang and others illegally detained the debtor for 68 hours, during which they moved the place several times and forced the "hostage" to write down a debt of 30,000 yuan. At the same time, I called the "hostage" girlfriend to extort 65438+ 10,000 yuan.
After being arrested, Yang claimed to be a friend to help, and the police thought that Yang should be a member of a "debt collection company".
April 1 1 missing,1just left the train station, was hijacked 14 hours, and changed three places.
On the evening of April 1 1, 44-year-old Ren Mou and his girlfriend Wang Mou just got off the train from Yan 'an to An. Ren, who is short and thin, stands out in the crowd in a green jacket.
"No, someone is following me, Donne Sundli. I'll go first. " Just out of Ann Railway Station, Ren found four or five strange men following him. He hurriedly stopped a taxi to leave, but soon, he was stopped by a black car and taken away by four or five men who had just followed. Half an hour later, Ren was taken to a desolate cemetery in the eastern suburbs by the gang. "Get 65438+ million, or bury it alive." The other party threatened. Ren was so scared that he said all the good things. 12 am 1, the other party drove him to the farmhouse at the junction of Baqiao and Lantian.
At noon that day 12, the other party hijacked him to a hotel near Taibai North Road in Xi 'an. In the hotel room, Ren was punched and kicked.
Under pressure, Ren wrote a debit note to Li, the creditor, and borrowed 30,000 yuan in cash.
/kloc-in the afternoon of April, 0/3, my girlfriend received a strange phone call and quickly remitted 654.38+10,000 yuan, otherwise, ...
"Hurry up and send 65438+ 10,000 yuan, otherwise, your boyfriend's arm will be torn off and he will be killed ..." On the afternoon of April 65, 438+03, Wang, a girlfriend of Ren, received a phone call from a strange man, claiming that Ren was hijacked because he owed money to others and asked him to remit 654380+ 10,000 yuan to a designated account.
After careful consideration, at 8: 00 am on June 5438+04, she reported the case to the West Square Police Station of the Xi Public Security Bureau Station Branch. Suspected of taking hostages, the Criminal Investigation Brigade of the Public Security Station Branch and the West Square Police Station immediately formed a task force to investigate.
After investigation by the police, Ren was a native of Nanchong, Sichuan, and was once the head of the labor service team of a construction company in Shaanxi. On August 20 last year, Ren wanted to undertake the project, so he rented two lifting equipment worth 30,000 to 40,000 yuan from an engineering machinery unit and signed a contract with the other person in charge, Li. But in the end, Ren's project was aborted. Since then, Li has repeatedly asked Ren for rent and equipment. In desperation, in early April, Li found a "business investigation company" in An for help, and the hijacked gang was employed by this company.
After 6: 68 pm on April 13, the police disguised themselves as vendors to rescue the "hostages".
The police investigation found that an hour ago, a friend of Ren had given the other party 6,543,800 yuan in cash in the designated account, which was quickly taken away. In the meantime, the cash demanded by the suspect from Wang dropped from 6,543,800 yuan to 90,000 yuan, and finally to 70,000 yuan. The police asked Wang to make a request and let people go with one hand and one hand.
The suspect proposed to meet at the north gate of Lianhu Park at 6 pm that day. Subsequently, the police disguised themselves as taxi drivers and mobile vendors to arrest the suspects. After a long fight, the police finally rescued Ren, who had been illegally detained for 68 hours, at a tea party in Lianhuachi Street, Dalian, and arrested the man Yang, who was in charge of Ren, in the room. The other suspects escaped. After investigation, 36-year-old Yang is a native of Langzhong, Sichuan Province, and lives in Ann.
Yesterday afternoon, Yang was detained on suspicion of illegal detention, and other people involved were pursuing him.
Track down the suspect and find out the debt collection contract
"I knew I shouldn't help this ..." At 5: 30 pm yesterday, when the reporter (hereinafter referred to as Ji) saw the suspect Yang (hereinafter referred to as Yang), he sighed again and again.
Reporter: According to the police, the victim doesn't owe you money.
Yang (full of regret): Yes, I don't know that person (that is, the victim Ren Mou) and I have no economic exchanges. I'm helping Li Ge (Li, who has an economic dispute with Ren).
Reporter: But according to the police, you don't know the mentioned Li. What did he give you?
Yang: No. A friend of mine runs a business investigation company. A week ago, he called me to discuss something with me. He came to me for debt collection after the meeting. My friend proposed it, and I can't refuse to face it At that time, I thought I was doing a favor and confiscating any benefits.
Reporter: Do you know what role you played in this case?
Yang (full of grievances): I am the caretaker. But none of my friends came to see me after I was arrested. I was angry when I thought about it, but now I regret it when I think about it.
According to the police, at first glance, Yang may be a debt collection company. When Yang was arrested, he had three things on him: one was an iou written by the victim; One is the lease contract signed by Ren and Li; The first is the "debt recovery agency contract". Its contents are: fully recover all debts; The trustee shall be responsible for all illegal consequences in the execution process, and the client shall not be responsible. The entrusted funds shall be collected according to 10% of the debt amount of 70,000 yuan, and shall be settled in one lump sum on the day of debt recovery.
Reflection on why "debt collection companies" still exist despite repeated prohibitions.
The Ministry of Public Security and the State Administration for Industry and Commerce have repeatedly issued notices prohibiting the establishment of companies engaged in "debt collection" or "private detective" business.
"Now some debt collection companies are actually engaged in other people's debt collection activities under various flags or excuses such as business investigation, information consultation and business collection." A person familiar with the "debt collection" industry in Xi 'an revealed that from a legal point of view, simple debt collection is not illegal, but it is legal within the "threshold", and it may be illegal to cross it.
Why can't "debt collection companies" disappear when there is a ban? Li Jiabin, a member of the Provincial Law Society and a lawyer of Shaanxi Weien Law Firm, said that this is the need of the market and the need for individual citizens to safeguard their rights in real life.
After analysis, Li Jiabin thinks that, first of all, mbt Donne, China's current judicial system needs to be improved. Some cases have been tried by judicial organs, but after the parties win the case, it is difficult to get compensation for various reasons, such as poor enforcement by the court or difficult enforcement; Secondly, in some economic cases, after judicial trial or repeated debt collection failed, or economic disputes exceeded the time limit of legal proceedings, the parties took risks or tried to save trouble and entrusted "debt collection companies" to collect debts; Third, there are still a few people who refuse to pay back, but they obviously have the ability to repay, but they try their best to avoid it and delay paying back, which leads creditors to turn to "debt collection companies" for help.
Li Jiabin said that at present, the legislation of the country in the "debt collection industry" is still a blind spot. People in the legal profession call on the state to legislate on debt collection as soon as possible to regulate this industry. This group of manuscripts was written by our reporter Cheng Bin.