Is it really a crime for migrant workers to ask for wages? Is it really reasonable for developers to owe wages to migrant workers? The central leadership has repeatedly stressed the protection of the legitimate rights and interests of migrant workers, and the leaders of the Mohammad County Committee of Xinjiang have asked the court to impose heavy penalties on migrant workers with unpaid wages. What does this mean?
My name is Zhao Silin, male, 68 years old, and I live in Group 6, Fanjiagou Village, Baijia Town, Jialing District, Nanchong City, Sichuan Province. Id number: 51292119441164132. I want to reflect the situation that migrant workers are unjustly sentenced for asking for wages on the Internet.
Sichuan North Sichuan Cyberport Construction Co., Ltd. is a national first-class construction enterprise, which undertakes all kinds of large-scale construction projects all over the country and has branches in Xinjiang Uygur Autonomous Region.
On August 5, 20 1 1, the company signed an engineering contract agreement with Ya 'anju Real Estate Company in Ti County, Ma Kai, Xinjiang, to undertake the Impression Dao Lang project developed by Ya 'anju Real Estate Company. At the same time, Ma Kai Tixian Project Department of Sichuan North Cyberport Construction Co., Ltd. was established, and my son Zhao Jinbin was appointed as the project manager to be responsible for the implementation of the project. The project department subcontracted the services of steel bars, concrete, carpentry and bricklayer to Tan, Deng Kaizhi and Zhao Feng. Tan, Deng Kaizhi and Zhao Feng organized nearly 300 Sichuan migrant workers to enter the site in September, 20 1 1 year. The project was basically completed at the end of July 2065438+02.
By the end of July, 20 12, the accumulated project was about 60 million yuan, including an increase of about150,000 yuan. The contract stipulated that 48 million yuan should be paid to my son's project department, and Kaya Anju Real Estate Company only paid 34 million yuan before the end of August, which was a serious breach of contract, which caused my son's project department to fail to pay the wages of migrant workers in full and on time, and the circumstances were serious. As a result, the migrant workers on the project repeatedly reported the situation to the relevant departments of Mohammad County, begging for wages.
On August 23rd this year, the Construction Bureau and Labor Bureau of Makit County coordinated my son's project department with Ya 'anju Real Estate Company, and asked Ya 'anju Real Estate Company to pay my son's project department 6 1.4 million yuan (including the wages of migrant workers) before the end of August, and sent it to relevant parties in the form of meeting minutes (see annex 1). But on August 3rd1,Yaanju Real Estate Company only paid 376,048 yuan to my son's project department, which was not enough to pay the wages of migrant workers. My son's project department considers that Party A and Party B can't continue to cooperate, and in fact, the workers have no jobs. In order to save workers' daily expenses, they mobilized some Sichuan migrant workers to return to their hometowns and borrowed money to pay part of their wages and travel expenses. However, some migrant workers refused to go home and asked to return after receiving the full amount. As a result, the left-behind personnel repeatedly asked my son Zhao Jinbin for wages, and constantly reported the situation to the relevant departments in the county. Therefore, the leaders of the Makati County Party Committee and the government called the public security, construction and labor departments to hold a coordination meeting again on September 14, and explicitly asked Ya 'anju Real Estate Company to pay my son's project fund120,000 yuan within five working days. Yu Jianbo, a representative of the real estate company, also wrote a written commitment letter on the spot (see
After that, the county labor bureau asked my son's project department to only accept the wages of migrant workers and must hold an ID card. The management of the project department is very angry, because the project cost120 thousand, the wages of migrant workers are only a small part, and most of them have returned to their original places. How to get it? However, considering that it is not easy to ask for money and the pressure of payment is huge, in order to cooperate with the work of government departments, Tan, the person in charge of engineering subcontracting, decided to hire someone to collect it on his behalf. /kloc-on the morning of 0/7, migrant workers who went to the labor bureau were told that they had no money, and the labor bureau did not have any money until 5 pm. In this case, the migrant workers were furious, and a group of people walked along the street to the bus station in Makati County, ready to take a bus to the Kashgar Labor Bureau to reflect the situation (this was a demonstration, which was later designated by the local authorities as disturbing public order and traffic order). But when we arrived at the passenger station, Kang Moumou, member of the Standing Committee of Mohammad County Committee, rushed to the station and said that the money had arrived, so that everyone could go back and get the money. After everyone returned along the road, Tan's migrant workers and 43 hired "migrant workers" received 1.39 million yuan. Subsequently, the invited personnel will hand over the amount to the project department. However, the county public security bureau dispatched police the next morning, arrested all the project managers and took away the project funds. 20 12, 10,123 October, the county court held a public hearing to hear the cases of Zhao Jinbin, Tan, Tang Mingdong, Deng Kaizhi and Zhao Feng for fraud, disturbing public order and traffic order. I participated in the audit as a relative of Zhao Jinbin. As a public trial, the court only allows two relatives of one defendant to attend the trial. During the trial, the presiding judge asked the public prosecutor to read the indictment and asked the defendant whether the charges against the public prosecution agency were established. The five defendants replied: "If it is not established, it is wrong." The presiding judge asked the defendant to state the course of the crime. Defendants Zhao Jinbin, Tan and Tang Mingdong all said that there was no purpose of illegal possession and there was no illegal possession of public or private property. They just find someone to receive their own project payment or salary; My son Zhao Jinbin stated in court that he did not participate in the demonstration, nor did he instigate, organize, plan or direct others to demonstrate; Defendants Tan, Tang Mingdong, Deng Kaizhi and Zhao Feng said that the purpose of their demonstration was to demand wages, and they did not organize or plan demonstrations with anyone. The presiding judge asked the public prosecutor to show evidence to the court. The evidence presented by the prosecutor in court, except that the 40 people Tan was looking for were not migrant workers themselves, had no evidence to prove that Zhao Jinbin, Tan and Tang Mingdong constituted fraud. Among the dozens of migrant workers and social idlers who took to the streets and those invited by Tan to ask for the wages of migrant workers,
There is no intention to disturb the order of public places and traffic order. No one accused Zhao Jinbin, Tan, Tang Mingdong, Deng Kaizhi and Zhao Feng of calling them to take to the streets. The public prosecutor did not show the court any evidence to prove that Zhao Jinbin, Tan, Tang Mingdong, Deng Kaizhi and Zhao Feng organized and planned migrant workers or other people to take to the streets. Subsequently, the defendant's lawyer presented evidence to the court, and the defendant Zhao Jinbin presented the following evidence to the court: 1. The construction contract between Party A and Party B; 2. Minutes of the meeting held on August 23, 2002 by the construction bureau, labor bureau, supervision, construction and construction unit of Makati County, in which the developer paid the construction unit 6140,000 yuan; Third, on September 4th, 20 12, Yu Jianbo, the representative of the construction unit, wrote a commitment letter to the construction unit to pay 120,000 yuan for the project. Then the prosecutor makes a public prosecution statement; Then, the defendant's seven lawyers defended him.
Seven lawyers defended whether it constituted fraud as follows:
1. Defendants Zhao Jinbin, Tan and Tang Mingdong did not intentionally defraud public or private property, nor did they have the purpose of illegal possession;
Second, Zhao Jinbin, Tan, and Tang Mingdong did not defraud public and private property, but only used improper means to find someone to collect their own wages or project funds;
Third, the actions of Zhao Jinbin, Tan and Tang Mingdong did not cause harmful consequences to the society, and did not cause damage to the property and personal of the state, enterprises, institutions and citizens. Therefore, Zhao Jinbin, Tan and Tang Mingdong do not constitute fraud.
Defend the crime of gathering people to disturb public order and traffic order as follows:
First, the five defendants did not intentionally or intentionally;
Second, in the evidence presented by the public prosecutor in court, there is no evidence to prove when and where the five defendants organized, planned and directed migrant workers or other personnel to take to the streets;
Third, in the audio-visual materials presented by the public prosecutor in court, the migrant workers or social idlers who marched did not stop vehicles or damage traffic and public facilities, and did not cause serious consequences. Therefore, none of the five defendants constituted the crime of gathering people to disturb public order and traffic order.
20 12, 10 year125 October, Mohammad county court criminal judgment found that Zhao Jinbin defrauded huge amounts of public and private property for the purpose of illegal possession, and sentenced him to 15 years and two months in prison, and sentenced him to four years in prison for the crime of gathering people to disturb public order and traffic order, with a combined execution of 19 years; It was found that Tan and Tang Mingdong defrauded huge amounts of public and private property for the purpose of illegal possession, and were sentenced to fixed-term imprisonment of 1 1 year respectively, and were sentenced to fixed-term imprisonment of 4 years for the crime of gathering people to disturb the order of * * * places and traffic order, with combined execution of 14 years; Deng Kaizhi and Zhao Feng were convicted of gathering people to disturb the order of places and traffic, and were sentenced to four years' imprisonment respectively.
To this end, I took the judgment and consulted the relevant judges and lawyers. They said that the judges of Mohammad County Court did not know the basic knowledge of China's criminal law. Article 45 of China's criminal law stipulates that it shall be sentenced to fixed-term imprisonment of not less than six months but not more than fifteen years. How can they go beyond the law and be sentenced to fifteen years and two months? Article 266 of the Criminal Law stipulates that whoever commits a huge amount of fraud shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. Why are they all sentenced to more than ten years in prison? There is a more important problem, that is, there is no defense lawyer's defense opinion and the lawyer's evidence of innocence for the defendant in the court. What is the reason? I am an ordinary person, I can't say clearly.
As an old farmer, I don't know the law, but I listened to the lawyer's defense in court. I think my son Zhao Jinbin and others are innocent. When I got the verdict and heard the explanations from the judges and lawyers, I felt that my son had been wrongly sentenced. It's silly of my son to mortgage his fish pond, restaurant and house and take more than 7 million yuan to Mohammad County to repair the house. Not only did I not get the money, but I bought it for 55 years. What a mistake! In this regard, I implore people from all walks of life to urge the courts and government leaders at all levels in Xinjiang Uygur Autonomous Region to handle the cases of five people, including my son Zhao Jinbin, fairly and return my son's innocence. thank you
Migrant workers are "bold" and "cheat" the labor bureau 1.39 million yuan. Mohammad Labor Bureau in Kashgar is also considered as "the stupidest labor bureau in the world". Are migrant workers to blame themselves, or are they full of tricks, or are there "thunder" exerting the influence of an invisible hand, which needs to be revealed! But from the description in the blog, I seem to see the shadow of collusion between government and business to persecute vulnerable groups! The law is human nature, and the government and officials should be tolerant to reflect benevolence, justice and fairness! Officials who are given the power of public servants should first be diligent and love the people, instead of taking the people as enemies, collecting far-fetched evidence to convict them, ignoring the relationship between Britain and fruit in the judgment, taking it out of context and forcing good people to engage in prostitution!
I just wanted to get my hard-earned money back. Due to the inaction of the local government and the obstacles to paying wages, migrant workers have to find someone to collect them. In the eyes of ordinary people, it doesn't constitute a crime at all, but it is improper at best, but they were finally sentenced to 55 years in prison! Is the local judicial system too professional, or are some interest officials covering the sky, using power for personal gain to cover up the facts and announce personal grievances? But what are they covering up? What's their personal vendetta? Not in the blog, but we need to know the truth! What kind of official is Kang Standing Committee mentioned in the blog? Whether he is involved, I really want to know more details! I believe that the power of netizens will discover all the truth and finally realize social fairness and justice!