After the criminal final judgment was made, the administrative committee of Nantong Economic and Technological Development Zone designated a subordinate state-owned enterprise to file a civil lawsuit, requesting to confirm that all the shares of Tianxing Group were state-owned.
A few days ago, the case was held in Nantong Intermediate People's Court. The lawyer of Tianxing Group applied for the withdrawal of Nantong Intermediate People's Court in court, arguing that the criminal judgment of Nantong Intermediate People's Court had confirmed the equity in the way of "the court thought". If the civil case continues to be tried in Nantong Intermediate People's Court, it will be decided without trial.
The criminal judgment that the enterprise is the state-owned chairman constitutes a duty crime.
In the spring of 20 10, Sun Yongke, the chairman of Jiangsu Tianxing Construction Group, was taken compulsory measures and later prosecuted.
The Intermediate People's Court of Nantong City, Jiangsu Province found that in August 2007, Sun Yongke used 2 million yuan from Tianxing Taicang Project Department for his son to buy a house; From June 5438 to February 2008, 500,500 yuan from Taicang Project Department was remitted to the company founded by his son. After that, the above money was returned. Sun Yongke accepted 28,000 yuan from others for profit in undertaking the project.
The court also found that Tianxing Company was established in 1997, which was decided by the Management Committee of Nantong Economic and Technological Development Zone to be established by the Building Materials Bureau and designated by Sun Yongke. From 1996 to his retirement in 2004, Sun Yongke held a leading position in the management committee.
The court confirmed in the judgment that each shareholder unit did not actually contribute capital when it was established, but in order to meet the requirements of the paid-in capital ratio of industrial and commercial registration, the Building Materials Bureau found a number of companies to contribute 5.05 million yuan, which was returned one after another after the establishment of each company. The court held that this $5.05 million should be regarded as an investment by government departments, and the star company is state-owned.
20 13 10, the Intermediate People's Court of Nantong City, Jiangsu Province sentenced Sun Yongke to 7 years and 3 months in prison for embezzlement of public funds and bribery.
A large number of industrial and commercial records show that by 2004, all state-owned and collective shareholders had transferred their shares and quit the star company. Since then, the shareholders of star companies are all private enterprises. In 2008, Sun Yongke personally obtained 56.89% equity from shareholders of four private enterprises.
But these contents are not mentioned in criminal judgment.
Now Sun Yongke has been released from prison. However, he insisted that he was not guilty, and recently filed a complaint with the Supreme Procuratorate, arguing that Tianxing Group is not state-owned, so it does not constitute the crime of embezzlement and bribery. Nantong Intermediate People's Court directly punished civil rights through criminal judgment, which violated the company law.
After the judgment of a criminal case, civil proceedings shall be conducted to confirm the nature of the enterprise.
After Nantong Economic and Technological Development Zone Management Committee appointed the subordinate state-owned enterprises Nantong Economic and Technological Development Zone Public Utilities Management Company and Jiangsu Nengda International Trade Company to sue Tianxing Group, demanding that all the shares of Tianxing Group be state-owned, and Sun Yongke and other enterprises and natural persons would transfer all the shares to the plaintiff.
The plaintiff believed that after the incident, Tianxing Group was still actually controlled by Sun Yongke's wife, and the plaintiff's superior unit asked him to transfer his equity to the plaintiff, but the other party did not cooperate, so he sued.
20 17 10 year 10 on October 20th, Nantong Intermediate People's Court held a hearing to hear the case.
In court, the lawyer of Tianxing Group applied to Nantong Intermediate People's Court to withdraw the lawsuit, demanding that the case be tried by other courts designated by the superior court of Nantong Intermediate People's Court.
Lawyers believe that the criminal judgment of Nantong Intermediate People's Court confirms the equity, which is equivalent to confirming the civil rights that have not been prosecuted in the way of "the court thinks". If the civil case continues to be tried in Nantong Intermediate People's Court, it is equivalent to summary judgment without trial.