Political reasons of Wumart Zhang Wenzhong
1, Wumart Zhang Wenzhong's political reason is mainly to participate in the competition between capitalism and socialism, which has caused great social harm.
2. In 2002, when Wumart Group applied for discount interest funds for national debt, Zhang Wenzhong committed fraudulent acts such as impersonating a state-owned enterprise and manufacturing false materials for the purpose of illegal possession, which directly led to misunderstanding among relevant staff, thus obtaining the approved discount interest funds, which was extremely huge and had serious social harm. It is difficult to change the judgment on appeal. It is difficult to be innocent in criminal cases. After being arrested, it is more difficult to be innocent; After the execution of the judgment, it is even more difficult to hope to achieve innocence through appeal.
1, Zhang Wenzhong case is one of the most intractable appeals. Is the person in charge of this case and should bear the corresponding criminal responsibility. Although according to the existing laws of our country, at least unit fraud does not constitute a crime, and the judicial interpretation does not clearly stipulate that the relevant person in charge is punished by unit fraud, the behavior of Wumart Group has naturally constituted a serious social harm and should be punished. Wumart itself is also a very good industry. At that time, the cash flow of this industry was very good, with annual sales of more than one billion.
2. the Supreme People's Court is mainly engaged in trial guidance, and rarely tries specific cases directly. At present, it is extremely rare for Zhang Wenzhong's case to be tried directly without retrial by the court of first or second instance, which fully shows that the significance of Zhang Wenzhong's case is not only the case itself. Zhang Wenzhong is the chairman of Wumart Group. The fundamental way to curb crime is to punish the person in charge who is directly responsible inside the unit, and because the will of the unit is only the embodiment of the will of the members inside the unit, only the unit is fined.
In order to further study this industry, I put forward the enterprise values of "developing modern circulation industry and improving people's quality of life". Zhang Wenzhong, who has a high standard of retrial and revision of sentence, was directly acquitted by the Supreme People's Court, not by the Intermediate People's Court of Hengshui City, Hebei Province (the court of first instance) or the Higher People's Court of Hebei Province (the court of second instance), which is even more rare. With the progress of time, especially after the central government clearly put forward the development of modern circulation system as an important starting point for the development of national economy, the role of modern circulation industry has been recognized by more and more people.
legal ground
Criminal Procedure Law of the People's Republic of China
Article 16 In any of the following circumstances, criminal responsibility shall not be investigated, and if it has been investigated, the case shall be dismissed, or prosecution shall not be initiated, or the trial shall be terminated, or the case shall be declared innocent:
(a) if the circumstances are obviously minor and the harm is not great, it is not considered a crime;
(two) the crime has passed the limitation period; (3) Being exempted from punishment by an amnesty order; (4) Failing to tell or withdrawing a crime that should be dealt with only after being told according to the Criminal Law; (5) The criminal suspect or defendant dies;
(six) other laws and regulations shall be exempted from criminal responsibility.
Article 37 The duty of a defender is to present materials and opinions on whether a criminal suspect or defendant is innocent, light or relieved of criminal responsibility according to facts and laws, and to safeguard the litigation rights and other legitimate rights and interests of the criminal suspect or defendant.
Article 200 After the defendant's final statement, the presiding judge announced an adjournment, and the collegial panel made the following judgments after deliberation based on the facts, evidence and relevant laws and regulations that have been ascertained:
(1) If the facts of the case are clear, the evidence is true and sufficient, and the defendant is found guilty according to law, a guilty verdict shall be made;
(2) If the defendant is found innocent according to law, a verdict of innocence shall be made;
(3) If the defendant cannot be found guilty due to insufficient evidence, a verdict of acquittal shall be made because the accused crime cannot be established due to insufficient evidence.