According to the criminal judgment of Linxian Court, there were Yan Fuping, secretary of the town party committee, Li Weiping, mayor, Zhang Yucheng, deputy mayor, and Zhao Jindong, secretary of the town youth league committee. "In order to alleviate the political pressure caused by abnormal petitions," the two sides reached an agreement. Ma Jiwen promised not to petition before the Chinese New Year, and the government was "forced to promise" to give him 6600 yuan. The horse received the money on the spot and wrote a letter of guarantee. In another petition on March 8, 2009, the staff of Linxian Bureau of Letters and Calls returned it to 900 yuan.
In the first-instance judgment of June 5438+065438+1October 6, 2009, it was written: "The defendant Ma used his familiarity with the conditions for petitioning in Beijing to coerce the staff of Tuban Town Government and Linxian Bureau to give him a large amount of property, totaling 7,500 yuan ... His behavior has constituted a crime of extortion."
The process of the horse case is a bit bizarre. According to the verdict, on February 2, 2009, Ma was arrested by Linxian Procuratorate on suspicion of extortion. However, seven months later, on September 13, he was arrested by the Beijing Municipal Public Security Bureau. After being transferred back to Linxian, Linxian Public Security Bureau carried out the arrest.
Immediately after the lawsuit, Lvliang Intermediate People's Court considered the evidence insufficient and sent the case back to Linxian Court for retrial.
During the retrial on June 20 10, Ma Jiwen, who suffered from severe liver cirrhosis, still had no lawyer to defend him. Ma Bingqing, Ma Jiwen's daughter, was in the gallery and saw that "her father was pulled out by two bailiffs, standing unsteadily and unresponsive", which made her feel very uncomfortable.
The retrial result was still to uphold the original judgment, and Ma Jiwen was sentenced to three years in prison.
According to the verdict, Ma Jiwen petitioned several times and "demanded compensation of 6.5438+0.5 million yuan, at least not less than 800,000 yuan" from the town government of Tushan Town.
"The two numbers are so big that they are all in anger. My dad just wants to go back to our land according to the original judgment of the court. " Ma Bingqing said.
I won the lawsuit once and I can't get it back.
Ma Jiwen continued to petition because he lost 150 mu of land and dozens of cut and peeled jujube trees. In the early 1980s, Ma Jiwen bought a 3-hole cave in Chaijiacha Village and the largest barren ditch in the local bridge ditch.
At that time, in order to control barren hills and wasteland, Shanxi Province held the auction of "Four Wastes". Linxian County People's Government issued the Certificate for the Management, Development and Use of Small Watershed with bright red plastic skin. Ma Jia's use certificate says that the contracted mu is 150 mu, with Gaoling as the boundary in the east, west and north, and Baling bottom 3 feet as the boundary in the south.
"Ma Jiwen's" Small Watershed Management and Development Use Certificate "was sent to him by me." Lv Chengyang, who served as the branch secretary of Chaijiacha Village from 1973 to 1994, told the China Youth Daily reporter.
The old branch secretary confirmed that according to the policy of Shanxi provincial government at that time, all uncultivated "four wastes" owned by rural collectives could be auctioned, and "whoever buys, manages, manages and benefits".
In the old notebook kept by the old branch secretary, there is a jingle record of 1985 when the villagers' meeting was held to publicize the land policy:
"The world's population is constantly flowing, which has brought great disasters. Some people, relying on quality, are willing to make trouble in the middle of the earth
Returned, bought and returned, the more you retreat, the more you buy, the more you cheat. Original price 100 yuan,1nobody bought it in 0 yuan.
When the collective economy is infringed, it is often the good people who suffer. Lazy people and bad people are more dependent and don't love the land in their hearts.
Whether the terraced fields are washed away by water or not, it is said that terraced fields are good. When the branch found that something was wrong, it immediately convened a cadre meeting.
Free to buy and retire, the village Committee is not allowed to go back on our word. Land circulation is a national policy, and deferred contracting is a policy.
The ground is stable, people's hearts are fast, jujube trees are planted fast, mountains and mountains are cuckolded, and red dates are everywhere. ...
A granary was built in Nanshan, a bank was built in Beishan, and executives went to the top of the mountain to build four pools. Plant a good jujube fruit tree, and it will be rich for thousands of years! "
It is this wasteland that changed the life track of the Ma family.
In the 1980s, it was time for the countryside to release its vitality. Ma Jiwen's family hired a bulldozer to level the small waste ditch and build a dam. The gully, which was originally full of stones, slowly accumulated soil and water, turned into flat land, and planted crops such as dates, peaches and corn.
Ma's life is booming and he has become a household name in the local area. Ma's practice was praised by the local town government because it was in line with the policy. "My father also wears red flowers." Ma Bingqing said.
However, the good days of Majia began to encounter a cold current after 15.
1in the spring of 1999, Chaijiacha Village Committee took back the purchased land and redistributed it to farmers for farming on the grounds that Ma Jiwen had not paid the land contract fee for five consecutive years. Ma Jiwen sued the court.
In 2000, Linxian Court ordered Chaijiacha Village Committee to return the land in Daqiaogou to Ma Jiwen.
However, the villagers did not return the land, and the court decision has not been implemented.
"When I got up in the morning, I saw that the jujube trees in the middle of the field were gone, and some trees were peeled." Ma Jiwen's wife said. The court's decision did not recognize this fact, but only found out that the ice in the dam weir melted in spring, because the villagers who re-contracted the land did not take protective measures and the dam was washed away. China Youth Daily reporter saw at the scene that the dam mentioned in the judgment has not been repaired so far. At present, the whole land is in a state of desolation, and only a few bare and thin jujube trees are left by the dam.
In this regard, the old branch secretary Lu Chengyang said: "Some trees have been destroyed and there are stumps in the ground. Some people in the village also admitted to cutting down trees. "
Since then, Ma Jiwen has embarked on the road of continuous petition. After searching online, the reporter saw that the person in charge of the discipline inspection department in Lvliang had come forward to deal with this matter.
According to the judgment of Linxian court, as assessed by Shanxi Wanrong Judicial Appraisal Center, the annual planting income of Majiwen Daqiaogou land 10 is 5 187.2 yuan per mu, and the total crop loss is160,000 yuan.
Ma Jiwen's wife said that he was beaten during his petition and was imprisoned in the county "help and education center" four times.