On May 20 1313, Henan Fengtai Ecological Agriculture Development Co., Ltd. (hereinafter referred to as Fengtai) and Henan Yuchang Stainless Steel Co., Ltd. (hereinafter referred to as Yuchang) signed the Purchase and Sale Contract for Industrial and Mining Products according to the provisions of the Contract Law. According to the contract, Fengtai purchased 65,438+000 tons of stainless steel plates with the model of 304/2B and the thickness of 2mm and 2.5mm from Yuchang, totaling 200 tons. According to the current market price, the total price per ton excluding tax is 15800 yuan, and the acceptance is carried out according to the standards signed in the purchase and sale contract. Article 7 of the contract: "Conditions and time limit for the supplier to be responsible for quality" clearly stipulates that if the buyer has any quality objection, it must raise it within one week, and the supplier will not accept it after the deadline. If no agreement can be reached through negotiation, a lawsuit shall be brought to the compliance court according to law. 2065438+At the beginning of June, 2003, Ma Xiaofeng, the general manager of Yuchang Company, purchased the stainless steel plate of model 304J 1/2B from Wuxi Yi Ming Metal Material Co., Ltd. and sold it to Fengtai Company, with a total amount of 197.906 tons. The payment amount is 30127,300 yuan, which will be paid to Yuchang after Fengtai checks the quality without any objection.
According to an employee of Yuchang who asked not to be named, one year after Fengtai purchased from Yuchang, the relevant person in charge of Fengtai called Yuchang twice, claiming that the steel plates purchased before.
I don't need it now. I want to replace it with a thicker steel plate. Yuchang also failed to agree to Fengtai's request, because Fengtai's request was seriously inconsistent with the contract, and because the steel market fell. During the call, Mrs. Feng insisted that if she didn't exchange the goods, she would ask for a refund and compensation for the quality problems.
Shortly after this incident, Fengtai sent people to Yuchang to complain about the quality of steel plates, and Yuchang needed compensation. And reported the case to Suixian Public Security Bureau on September 9, 20 14. This makes Yuchang employees very puzzled. No matter according to the contract or the established market rules, you should not ask for a return when the goods have been sold for more than one year. On 20 14 1 20 October, 14, Suixian police conducted a sampling inspection on this batch of steel plates, and the conclusion was: 7 steel plates were commissioned for inspection, 7 were inspected by * * *, of which 6 were qualified, and1Ni was unqualified. The sample submitted for inspection does not meet the requirements of GB/T4237- 1992 standard, and it is judged as unqualified. On 20 14 1 1.6, Suixian Public Security Bureau filed an investigation against Ma Xiaofeng, the general manager of Yuchang Company, on suspicion of producing and selling fake and inferior products. 2065438+February 2005 12, Suixian Public Security Bureau criminally detained Ma Xiaofeng on suspicion of selling fake and inferior products, and pursued him online. On June 30th, Ma Xiaofeng was detained in criminal detention, and his arrest was approved on July 9th.
Yuchang Company does not recognize the so-called test results provided by Suixian police. Why did the stainless steel plate that passed the inspection at that time and had no quality problems have problems one year later? Moreover, Yuchang is not sure that the steel plate sent by Suixian police is the steel plate provided by Yuchang. In addition, Yuchang believes that this business should be purely commodity trading. Even if the economic dispute is dissolved, it should be negotiated according to the contract. If negotiation fails, it should be settled by the court. Why report the case directly to the Public Security Bureau? According to the materials, during Ma Xiaofeng's six-month detention, Suixian Procuratorate withdrew the investigation twice during the review period, and the relatives and lawyers of the parties repeatedly requested bail pending trial, which was also approved by Weibei. Relevant leaders of Suixian Public Security Bureau and Procuratorate have also proposed that the person in charge of Yuchang should compensate Feng Tai.
Yuchang Company disagreed with the charge of selling fake and inferior products, so on 201516 5438+0310/3, Yuchang Company entrusted Wuxi Product Quality Inspection Center of Jiangsu Province to carry out the stainless steel plate of model 304J12b sold to Fengtai.
Therefore, this matter is extremely serious and bad. Ma Dafeng of Zhengzhou CPPCC reflected this matter to the Henan Provincial Public Security Department. 2065438+On June 9, 2005, Henan Provincial Public Security Department received the petition materials about Suixian Public Security Bureau's intervention in economic disputes in the name of illegal investigation and handling of economic crimes, which attracted great attention of the Legal Corps and immediately started the law enforcement supervision procedure. On June 1 1, together with the Provincial Public Security Bureau Corps and the Economic Investigation Corps, we listened to the reports of Shangqiu Public Security Bureau and Suixian Public Security Bureau.
After careful verification, the provincial public security department also gave a verification opinion, arguing that the basic facts of the case were unclear, and whether Fengtai knew or acquiesced in 304J 1/2B in this trading process.
The corroded steel plate is 304/2B stainless steel plate, which is investigated deeply. The object infringed in this case does not conform to the object infringed by the crime of selling fake and inferior products. The criminal object of selling fake and inferior products is a complex object, including the national product quality supervision and management system and the legitimate rights and interests of consumers. The national product quality supervision and management system refers to the system that the state stipulates the standards of product production through laws and administrative regulations, the contents of quality supervision and inspection in the process of product delivery or sales, the responsibilities and obligations of producers and sellers for product quality, damages and legal liabilities. The 304J 1/2B stainless steel plate involved in this case is not the 304/2B stainless steel plate agreed in the purchase and sale contract, which infringes on the legitimate rights and interests of Fengtai, but it violates the contract of both parties and does not violate the national product quality management system; The "shoddy" in this case does not belong to the "shoddy" in the sense of criminal law. The definition of the crime of producing and selling fake and inferior products in criminal law and judicial interpretation should be based on the national product quality standard itself, that is, the "inferior" below the national standard pretends to be the "good" of the national standard, and it is not possible to judge whether it is "inferior" or "good" only by contract. The national management of product quality is mainly in accordance with the product quality standards stipulated in the Standardization Law of People's Republic of China (PRC). National standards are divided into mandatory standards and recommended standards, and mandatory standards must be implemented; Recommended standards, the state encourages enterprises to adopt voluntarily. In this case, the national fund
According to GB/T4237- 1992 standard, the inspection report of the product quality supervision and inspection center (material laboratory of Sinosteel Zhengzhou Metal Products Research Institute Co., Ltd.) concluded that the inspection conclusion was unqualified. However, GB/T4237- 1992 is a recommended national standard, not a mandatory standard. To sum up, Shangqiu Public Security Bureau was instructed to supervise and guide Suixian Public Security Bureau to collect evidence comprehensively, handle cases according to law and use coercive measures with caution before finding out the basic facts of the case.
It is reported that the case has been brought to Suixian People's Court, and the case is currently under trial. Bian Xiao will continue to pay attention to the progress of follow-up reports.