It was a day in March. 1994. A judge of the Criminal Trial Chamber of lulong county Court reported a thorny case to Jia Tingrun, then president-Yao Qingshan, manager of Yongping Associated Press, for embezzlement and misappropriation of public funds. Due to insufficient criminal evidence, Yao Qingshan's case has been withdrawn twice by the county court, and now the county procuratorate has transferred the case to the court for the third time. Considering that the Yao Qingshan case is a major case in the county, for the sake of prudence, Dean Jia Tingrun left the case file. While reading five thick files, I sent someone to investigate the enterprise nature of Yao Qingshan's enterprise Yongping Union. Because according to Chinese laws, the first condition for the establishment of Yao Qingshan's crime of corruption is that Yao Qingshan must be a staff member of a state-owned enterprise or a collective enterprise, and Yao Qingshan is an individual enterprise.
The investigation results of the county court show that both the village party secretary of the village where Yongping Union was founded at the beginning and the employees of the county agricultural bank who watched the enterprise grow up step by step confirmed that Yongping Union is actually a red hat enterprise, which is what we now call a private enterprise. Yao Qingshan's peasant status cannot constitute the criminal subject of corruption and misappropriation of public funds. Therefore, Dean Jia Tingrun decided that Yao Qingshan was not guilty and was ready to release Yao Qingshan. However, according to Dean Jia's memory, the county party secretary called at this time and asked him to convict Yao Qingshan. But Jia Tingrun still has to follow the trial procedure.
Jia Tingrun's statement was denied by Yang Wenbo, the former county party secretary of lulong county. The two men hold their own words, which is right and which is wrong, and we can't verify it now. So what kind of person is Yao Qingshan, and what kind of contradiction does the county leader have? Things should start with the rural household contract responsibility system in the early 1980s. At that time, after the production team was dissolved, Yao Qingshan and another 3 1 villager were assigned five machines and equipment worth 25,000 yuan. According to reports, 32 villagers who were assigned to machinery and equipment set up Yongping Carton Factory in May of 1983 with real estate as collateral and borrowed 30,000 yuan. Yao Qingshan was elected as the factory director by everyone. The villagers told reporters that because the house was mortgaged, they had no way out and could only work hard. After 10 years' efforts, the original small carton factory gradually developed and became Yongping United Society, and later developed into a paper mill, a sanitary paper factory and so on. At that time, its fixed assets almost reached120,000 yuan.
According to the survey, Yongping Trade Union also arranged nearly 200 disabled workers at that time, and paid 6,543,800 yuan of national profits and taxes every year. Yongping Union has also won many awards such as advanced units of teaching assistants and disabled persons in provinces, cities and counties, and Yao Qingshan, chairman and general manager, has also won many awards such as outstanding farmers and entrepreneurs in provinces, cities and counties and outstanding party member. However, the good times did not last long. 1990 One day in February, Yao Qingshan was at work. Yao, the county magistrate, suddenly came to Yongping Union and asked Yongping Union to be owned by the county. Yao Qingshan refused.
Why did Yao take Yongping Associated Press to the county seat? Yao Qingshan thinks that this can increase the achievements of county leaders. Yao Zhaorong, the former county magistrate of lulong county, denied this statement of Yao Qingshan. Whether Yao, the county magistrate, talked to Yao Qingshan about taking over the enterprise, we can't verify it now, but the next fact is that1June, 992, the audit team sent by the county suddenly entered Yongping Union and asked to audit the assets of the enterprise. What happened? We found Guo, a member of the audit team at that time. He told reporters that when the county government conducted a capital verification audit of Yongping Associated Press, according to the instructions of the county government, it instructed the audit bureau to stop all activities of this enterprise.
According to Chinese laws, enterprises have independent management autonomy. Now the county government requires enterprises to stop production, which was immediately strongly opposed by more than 900 cadres and workers of Yongping Trade Union headed by Yao Qingshan. However, the arm can not beat the thigh. 1September, 1992, the county audit team forcibly seized the factory buildings and equipment of Yongping Union, and seized them all. In the past, this thriving enterprise stopped production at once, and the final audit result was that the assets and creditor's rights were 654.38+005.32 million yuan, and the debt was 654.38+008.9 million yuan, and the asset-liability ratio was basically the same. 199265438+In February, the county audit team withdrew, but the seal was not torn off, and Yongping Union was forced to stop production.
Yao Qingshan thinks that he is a farmer and there is nothing wrong with running a business in a down-to-earth manner. County leaders will not take him seriously. 1On the morning of September 2, 993, Yao Qingshan was resting at home, but two staff members of the county procuratorate suddenly came to his house and took him to the procuratorate to start interrogation. Yao Qingshan's arrest was recorded in the first-instance judgment of lulong county court. 1On September 2, 993, Yao Qingshan was criminally detained by the county procuratorate on suspicion of accepting bribes and major corruption. Three days later, he was released because he could not find any evidence of the crime. On the day of his release, Yao Qingshan was taken into custody for review on the grounds that he was suspected of whoring. After 20 days, he found no evidence of the crime and was released from prison. However, on the day he was released on bail pending trial, he was detained in criminal detention, and the reason became that he was suspected of corruption and misappropriation of public funds. 10 days later, Yao Qingshan was arrested by the county procuratorate for corruption and misappropriation of public funds. So why do the relevant departments in lulong county have to constantly change the charges against Yao Qingshan?
We found Zhang Shichang, the procurator of the county procuratorate who handled the Yao Qingshan case at that time. He told reporters that he couldn't remember the situation at that time and had to have a case file. I can't recall all the judgments, but also look at the case file, which really gives the reporter a big problem. Because before this, the Qinhuangdao Intermediate People's Court refused to shoot the case file, let alone take it out, on the grounds that the case was a criminal case. On the day Yao Qingshan was just detained, that is,1September 2, 993, a meeting was held in the county township enterprise bureau. At the meeting, the instructions of the county party Committee and government were conveyed, requiring the county agricultural bank to write an application to the county court, and the county court ruled that Yongping Union went bankrupt and paid its debts. What happened? We found the witness of the meeting at that time, Li Yongping, former vice president of China Agricultural Bank. He told reporters that at that time, the county party committee and county government instructed the enterprise to go bankrupt, but according to the provisions of the bankruptcy law, the legal representative must participate in the bankruptcy of the enterprise, and the bankrupt enterprise generally has to reach the degree of insolvency and cannot pay off the debts due. However, according to the reporter's investigation,1September 1992, Yongping Associated Press had a debt of 360,000 yuan when it was audited by the county audit team, and the asset-liability ratio was basically flat, which did not meet the bankruptcy conditions.
Although in the view of audit team members and Qinhuangdao Intermediate People's Court, Yongping United Society does not have bankruptcy conditions. However, on1June 65438+September 10, 1993, the county court ruled that Yongping Union went bankrupt after receiving the application from China Agricultural Bank. After the county court ruled that Yongping Union went bankrupt, the county government immediately organized a bankruptcy liquidation team with multi-departments to settle in Yongping Union. The bankruptcy liquidation group began to sell the property of Yongping United without informing the board of directors of the representative shareholders of the enterprise and without any shareholders present, but the money sold was nowhere to be found. Therefore, after the receiving enterprise was rejected, the lulong county municipal government, in line with the so-called good wishes for the enterprise, first forced the enterprise to stop production and audit, and then let the enterprise go bankrupt if the enterprise did not go bankrupt. This enterprise, once the pillar of the local economy, finally disappeared, and the life of the disabled who used to work in the associated press was in trouble.