On April 5, 20 16, the People's Court of Linhe District, Bayannaoer City, Inner Mongolia Autonomous Region sentenced Wang Lijun to one year's imprisonment, suspended for two years, and fined 20,000 yuan for the crime of illegal business operation because the defendant Wang Lijun engaged in grain purchasing activities without obtaining the grain business license and industrial and commercial business license.
20 16 12 16 The Supreme Court made a retrial decision on this case, and ordered the Bayannaoer Intermediate People's Court to retry this case. According to the provisions of Article 205 of the Criminal Procedure Law, the Supreme People's Court has the right to remand the legally effective judgments and rulings of people's courts at all levels for retrial or instruct the people's courts at lower levels for retrial.
According to the People's Court Daily, the Supreme Law holds that, as far as this case is concerned, Wang Lijun bought corn from the Food and Agriculture Office and sold it to the grain depot, which played a bridge role between the food and agriculture and the grain depot, did not destroy the main channel of grain circulation and seriously disrupted the market order, and did not have the social harm equivalent to the first three acts of illegal business operation as stipulated in Article 225 of the Criminal Law, and did not have the necessity of criminal punishment.
Wang Xuedian, a defense lawyer for the retrial of Wang Lijun case, told the Beijing News reporter that the application of law in the first instance of Wang Lijun case was very obvious. At the first trial, many state organs did not follow the judicial interpretation of the Supreme Court, nor did they follow the principle of modesty in the criminal law, artificially expanding the applicable conditions of the all-inclusive clause. He will plead not guilty for Wang Lijun.
Wang Lijun: If I am acquitted, I will continue to collect agricultural and sideline products such as corn in the future. I can't let my car and machinery rot in the yard, earn some money to support my family and make life easier.