Wei Xianxian made it to a business with hundreds of millions of dollars in assets. Later, Worksop manipulated some of the grassroots corrupt cadres, ignored the law and contractual agreements, illegally detained Wei Xianxian, forcibly seized all the assets of the enterprise, and transferred them to member Yanfeng (Worksop) at a price of zero dollars. Mr. Wei traveled to Yuncheng, Taiyuan, and Beijing and filed lawsuits in all directions. Under the strict supervision of the Central Commission for Discipline Inspection, the State Bureau of Letters and Visits, the Supreme People's Procuratorate, and the Shanxi Provincial Party Committee and Government, a breakthrough was made in the illegal detention case, and two of the three officials were convicted of the charges (scanned copies of the verdicts are sent separately). Yuncheng City Commission for Discipline Inspection attaches great importance to the case of zero-dollar transfers, the establishment of a special task force, in January has twice double-regulated the then-executive deputy mayor Zhao Jianxin. All indications are that the Wei constitution is about to turn over with the help of the central government and the provincial and municipal authorities.
But at this critical moment, Zhao Jianxin committed suicide, the clues are broken, and after the 18th National Congress, the new leadership demonstrated a thunderous determination to fight corruption and a lightning speed of investigation. Wei Xianzhi felt a thousand thrills in his heart. CCTV's report on how microblogging turned over a top official in 63 hours aroused the instinctive curiosity and desire for knowledge of the technocrat in Wei Xianxian.
We feel that with his understanding of technology, he will be able to make microblogging a weapon to accelerate his turnaround. And, the six years he spent on the run gave him too much material to tell a series of exciting stories. Since others can use Weibo to turn over a full-level cadre in 63 hours, taking a step back, his Weibo can always take down a county-level cadre like Worksop in 63 days. What's more, the long period of loneliness has given this weathered old man a strong desire to express himself. So, on December 4, 2012, the 12th National Legal Awareness Day, he opened a microblog to state his grievances on Twitter.
On December 08, 2012, a mysterious man in blue entered the room of the Constitution of Wei, after which Wei mysteriously disappeared. A private entrepreneur has been made to lose his family's money, and now even the person is missing, he can have a chance to turn around, at present everything is not known. Wei constitutional event was reported, in the forum, more than 1 million clicks in 20 hours to reply, causing widespread concern, microblogging forwarding hot discussion, many users have followed the comments, a moment to become a hot topic events.
The money and power is fat, living in a foreign land without rice and food. The first thing you need to do is to get up and work before dawn, and work hard to support your mother. I'm not sure if I'm a good person, but I'm a good person, and I'm a good person.
Only when society is developing peacefully can the people live and work happily.
There are more complex issues behind the scenes that we need to look into
The sky should be a clear blue, but with this kind of thing, it's a muddy mess.
In fact, what the Guardian is trying to tell is the story of how a billionaire was reduced to a vagabond in the face of power. And such a story has been reported by several media outlets before, and his story is no secret locally in Pinglu County.
It is understood that in 1986, Shanxi Pinglu County Civil Affairs Bureau funded 50,000 yuan in the local Caohe Village, Caochuan Township, Caohe Village, set up a small collective enterprise called Pinglu County Bauxite Calcining Welfare Factory (later known as Calcining Factory). However, due to the poor efficiency of the calcining plant, in January 1989, Caochuan Township Civil Affairs Office, a unit of the Civil Affairs Bureau of Pinglu County, signed a contract with the local bauxite calcining technology expert Wei Constitution. The contract states that the total value of the calcining plant was 79,000 yuan; at the same time, the contract agreed that the contract period of 8 years, to December 31, 1996 expiration. During the period of contracting, the constitution of the guards to hand over the net profit of 43,000 yuan per year, at the same time agreed that after the expiration of the contract value-added part of the constitution of the guards.
The end of 1996, the contract expires, Wei constitution intends to give up to continue to contract, but then Caochuan town civil affairs office to convince Wei constitution, in accordance with the original contract content of the oral agreement to continue to contract.
In March 1998, the Ministry of Finance and other four ministries jointly issued the Caiqing word (1998) No. 9 document, which requires localities to focus on cleaning up the conversion of enterprises named collective enterprises as individual enterprises. In the same year, Pinglu County also introduced the Ping Qingban (1998) No. 4 document, requiring the screening and cleaning up of the nature of the private individual 32 enterprises, the deadline for changing the nature of the enterprise and tax registration formalities, Pinglu County Bauxite Calcining Welfare Factory is also listed among them.
According to information, as of July 30, 1998, Pinglu County Bauxite Calcining Welfare Factory's registered capital has increased from the initial 50,000 yuan to 8.9 million yuan, with total assets of 16.58 million yuan, in the new registered capital of the enterprise, about 8.85 million yuan of the Wei Constitution for the individual contribution, for this reason, in the process of cleaning up the collective enterprises and collective enterprises in name only in Pinglu County, the factory was screened as a private individual. Calcination plant was screened for private individual enterprises.
However, the calcining plant did not handle the enterprise restructuring procedures. According to Wei, the then secretary of the Caochuan town party committee asked him to pay 2 million yuan to the government, he did not agree, so it was shelved.
To 2006, the total assets of the calcining plant has more than 50 million yuan, and according to the law to obtain five mining rights certificate, the value of the extractable resources hundreds of millions of yuan, all of which is the return on investment during the contracting period for the Wei constitution. However, from this year onwards, a few years ago, the conversion of the shelves but began to give him and his business to bring fundamental destruction.
From billionaire to the end of his life
November 23, 2006, in the field of Wei constitution suddenly received a phone call, was asked to rush back to the county, to participate in the termination of the contract on the calcination plant and the liquidation of the meeting.
For this process, Wei constitution in the acceptance of the prosecution questioning has a detailed description: I went to the county government conference room, the meeting has ended ...... Pan Changqing (then Pinglu County, deputy mayor in charge of civil affairs work, liquidation leading group - reporter's note) said to me, liquidation decision has been announced, can not be changed, the plant must be handed back, the contract must be returned. The factory must be returned and the contract must be terminated. And turning the pages of the document he was holding in his hand, he said, if you do not cooperate, we have to take coercive measures.
Previously, there are media reports that: at that time, the Wei Constitution and Pan Changqing power or law, Pan Changqing said, in Pinglu is the power of the big, do not believe that you try, this factory you have to hand over no.
We are not sure if the factory is the best place to start, but we are not sure if the factory is the best place to start.
That night, Wei Xianxian was forced to sign the contract agreement on the termination of the contract, and then in order to prevent its non-cooperation with the liquidation of capital, the then director of the Civil Affairs Bureau of Pinglu County, Zhao Kexian arrangements for the Bureau of the then deputy director of the Yang Jianyong, Wei Xianxian was illegally detained in the Sanmenxia a few days after the transfer of the hotel in Pinglu County, has been illegally detained for more than a month.
During the period of illegal detention, Pinglu County Bauxite Calcining Welfare Factory was forced to liquidate the capital. 13 April 2007, Pan Changqing presided over a joint government meeting, to determine the termination of the Wei Constitution of the Calcining Factory's contract. 21st, the Civil Affairs Bureau of Pinglu County issued a letter to remove the Wei Constitution of the Calcining Factory's status as a legal representative. 18th, May, the Civil Affairs Bureau of Pinglu County again issued a letter to appoint the Wei Constitution of the Calcining Factory's legal representative. Ltd. as the director and legal representative of the calcining plant, and the calcining plant was managed by Qili.
And in 2006, Pinglu County's asset verification team forcibly terminated the contract of Wei Xianzhong, one of the reasons is that Wei Xianzhong subcontracted the enterprise to Qili Company, which resulted in a very chaotic operation of the calcining plant.
In December 2008, the Pinglu County government decided to restructure the enterprise contracted by Wei Xianxian. on November 8, 2009, Qili Company restructured the enterprise into Pinglu County Xinsheng Mining Limited Liability Company, and then Pinglu County Civil Affairs Bureau permanently transferred the calcining plant to Xinsheng Company for a zero-value transfer price, which includes five clay mines that are now valued at hundreds of millions of yuan.
Xinsheng has a registered capital of 10 million and is legally represented by Worksop Zilin. According to sources, the actual controller of both Qili and Xinsheng is Worksop's son, Worksop Yanfeng, then director of the office of the Pinglu County Water Conservancy Bureau. Worksop is currently under arrest for false capitalization, but according to previous media reports, Worksop is currently out on bail awaiting trial.
Swept off his feet overnight, Wei Zhengwei, who has lost his family's fortune, has begun his road of petitioning, and has petitioned and reported to the letters and discipline inspection departments in Yuncheng, Taiyuan and Beijing many times over the past few years, but has encountered all kinds of dangers during that time. He said in the microblogging, 2006 to now, I have not slept a few good sleep. I hid in the bushes of the park, in small hotels without windows, and in winter I covered myself with newspapers in tree holes and under warehouses to protect myself from the cold wind. In the summer, I stayed at a 24-hour store and slept at a table when I was too sleepy to sleep. One night, there was nowhere else to go, so I hid in a mountain bag in the wilderness.
But Wei constitution is not discouraged, this time, he will hope to microblogging.
A woven scarf for four days
December 4 this year, the 12th National Legal Awareness Day, the Wei constitution opened a microblogging, he is ready to tell my story.
Pan Maohua, a lawyer representing Wei Xianzhong, said CCTV's report on the microblogging of high-ranking officials in 63 hours stirred Wei Xianzhong's instinctive curiosity and desire to know. Wei felt that with his understanding of technology, he would be able to make microblogging a weapon to accelerate his turnaround. Moreover, the six years he spent on the run gave him too much material to tell a series of exciting stories. Since others can use Weibo to turn over a full-level cadre in 63 hours, taking a step back, his Weibo can always take down a unit-level cadre like Worksop in 63 days. What's more, the long period of solitude has given the weathered old man a strong desire to express himself.
In just four days after Wei opened his microblog, he sent out only 12 posts, but has more than 130,000 followers.
On Dec. 5, one of the posts he sent out read: "In October 2011, Zhao Jianxin, the then-executive deputy mayor of the county, who issued the documents for the mine grabbing, was double-regulated, and his wife was jailed, so I saw a ray of light. A few days later, the double regulation was lifted. Less than a month later, Zhao Jianxin was double-regulated again. A few days later, on Dec. 10, Zhao Jianxin died strangely while under double regulation, and the case stalled.
The day after this blog post was sent out, Wei Zhengxin's rented place in Beijing was broken into by strangers.
Pan Maohua, a lawyer, said he had been hunted all the way to his rented place in Beijing since he opened a microblogging site to present his grievances, changing two hotels in three days, and having mysterious strangers break in on two separate occasions.
Despite the previous encounter with the Wei constitution in the domestic media have reported, but the Wei constitution opened microblogging to describe themselves, exposing the black curtain, undoubtedly more lethal.
Pan Maohua said, Wei constitution had talked to himself, about the story of Zhao Jianxin he also intends to write such a blog post: tomorrow is the anniversary of the death anniversary of Zhao Jianxin, the official obituaries in Pinglu announced that Zhao Jianxin is 'passed away'; according to the propaganda department of the Pinglu County Party Committee of the caliber of his bizarre death is a suicide; in accordance with Yuncheng City Commission for Discipline Inspection of the notification of the death of Zhao Jianxin during the bauxite factory restructuring to accept bribery was double-regulated to accept the investigation. investigation. Zhao Jianxin died of bribery? How big a deal is it to die? He wasn't silenced, was he? There's nothing more pathetic than losing your life. People don't make enemies when they die. Pity the orphans and widows, but some people use Zhao's bones to pave their own way to wealth and peace. If Zhao Jianxin is guilty, he's not guilty enough to die. If Zhao Jianxin is not guilty, he should be given justice.
Some sources said that in the process of obtaining the five clay mines in the calcination plant by Xin Sheng Company controlled by Worksop Yanfeng, Zhao Jianxin, the then executive deputy county mayor, had signed several documents and was accused of having interests associated with it.
At the end of 2011, after Zhao Jianxin was investigated and committed suicide, Worksop Yanfeng, the deputy director of the water conservancy bureau of Pinglu County, the de facto controller of Xin Sheng Company, was also arrested for the crime of making false capital contributions.
This is just one of the queries that Mr. Wei tried to raise in his tweets, and in fact, he undoubtedly has more to raise.
For example, in 2006, the calcining plant was liquidation of capital, the Wei constitution in the name of private enterprise, and then in order to do the procedures for the convenience of registration in the name of the calcining plant of five clay mines are recognized as the calcining plant subsidiary branches, and returned to the Civil Affairs Bureau of Pinglu County all. But to the 2009 Calcination Plant restructuring, Pinglu County Civil Affairs Bureau will be transferred to the new Sheng company, the leading group of liquidation of the Calcination Plant liabilities said: as of February 28, 2009 Calcination Plant enterprise net assets of negative 41.1 million yuan, and the value of these five hundreds of millions of dollars of clay mines did not make the price of the assessment, the Calcination Plant has been transferred to zero yuan.
At the same time, the new company in the original calcining plant all assets, not in the original plant for calcining deep-processing production, but excavation and trafficking in clay mines, the original plant and equipment has been basically discarded, one of the mines has been priced at 24 million yuan to sell. If the calcination plant is owned by the Wei constitution, zero dollar transfer behavior is undoubtedly illegal, even if the enterprise is not owned by the Wei constitution, this behavior is suspected of embezzlement of state assets?
Not only that, on October 29, 2010, Xia County People's Procuratorate investigated the case of illegal detention of Wei Constitution, in May this year, the Xia County People's Court of the first trial of Zhao Ke province, Yang Jianyong committed the crime of illegal detention, but exempted from criminal penalties. Pan Changqing, who was then the head of the leading group for asset-cleaning and auditing, was not held accountable. At the same time as a civil servant Worksop Yanfeng funded enterprises, was arrested by the judiciary for the crime of false capital contribution, and now can be released on bail pending trial ...... All of these are the Wei Constitution can not understand, but also unable to answer, he hoped that through a broader platform, to obtain more people's attention, and then restore a more thorough truth.
So he opened a microblogging. However, he also once again put himself in harm's way.
Waiting for Godot
On Dec. 6, a man with a Yuncheng accent burst into a hotel room in Beijing where Wei Xianzhi was staying, and left after seeing others in the room. This change of heart made Wei Xianzhong realize that there was some kind of danger.
In his microblogging on the same day, Mr. Wei posted three blog posts describing his precarious situation, including one that said, "If my microblogging hasn't been updated for 24 hours, I probably won't be able to see everyone. I'm still scared, but there's nothing I can do about it. I've been in this situation several times since 2006.
Subsequently, Wei constitution in the friends assisted to leave this hotel, turn to stay in an army guest house, but his this premonition is still step by step to become a reality. 8 afternoon, Wei constitution with the outside world through the last phone is to tell his relatives, he placed in the room of the bag is missing. Subsequently, his cell phone could no longer be reached. The hotel's surveillance video shows that at about 15:50 that afternoon, a man in blue calmly walked into his room.
Wei Constitution's son, Wei Xiangyu, told reporters that his mother divorced his father because he could not stand the fear of being in fear all day long, and his wife divorced him. Over the past few years, his father in order to sue, hiding, changed more than 100 phone cards, but basically can be contacted, and this time has been a few days can not contact his father, all relatives and friends can not contact him, at present they have reported to the local police.
December 8, Wei constitution updated the last blog post is: I want to add a V, but can not add. I am a vagrant, no unit to open a letter of introduction. Only this ID card. It is not easy to come. Originally, the longest time to get a license is three months, but I waited for nine months.
This time, the Wei constitution need to wait how long, we do not know ...... (China.com/China Business Times) Pinglu County, Shanxi Province, billionaire billion assets zero yuan transfer event investigation
Pinglu County, Shanxi Province, is located in the southern tip of Shanxi Province, has a long history and deep cultural heritage. In the Xia and Zhou Dynasties, known as the State of Yu, Pinglu territory, complex geological structure, rich in mineral deposits, has now been proved the types of mineral resources up to 26 kinds, the total reserves of more than 2 billion tons. Especially coal, aluminum, iron, sulfur, gypsum, silicon copper, marble and other reserves, high grade, easy to mine.
More than 60 years ago, the secondary school textbook "for sixty one class brothers" story, happened here. 60 years later, "Shanxi billionaire was illegally detained billion yuan assets were zero yuan transfer", once again, the county stood in the public opinion at the cusp of the wind and waves.
Baidu Encyclopedia shows: Wei Constitution, Shanxi Province, Pinglu County people, bauxite calcination technology experts. 1989, Wei Constitution contracted the poor operation of the calcination plant, the contract agreed to the expiration of the value-added part of the Wei Constitution all. 1998, the official determination of the plant for private enterprises. But because of the Wei constitution is not willing to shell out by the official blackmail 2 million yuan, and failed to change the nature of the enterprise in a timely manner.
After Wei Xianzhong owned hundreds of millions of dollars in assets, Worksop Yanfeng (贠岩峰) and other corrupt grassroots cadres manipulated some of them to illegally detain Wei Xianzhong, forcibly seize all of the company's assets and transfer them to Worksop at a price of zero dollars, in defiance of the law and contractual agreements. Subsequently, Wei Xianxian began traveling to Yuncheng, Taiyuan, and Beijing and filing lawsuits. Under the strict supervision of the Central Commission for Discipline Inspection (CCDI), the State Bureau of Letters and Visits, the Supreme People's Procuratorate, and the Shanxi Provincial Party Committee and Government, a breakthrough was made in the illegal detention case, and two of the three officials were convicted of the charges. Yuncheng City Commission for Discipline Inspection attaches great importance to the case of zero-dollar transfers, set up a special task force, in January, has twice double-regulated the then executive vice mayor Zhao Jianxin. But at this critical moment, Zhao Jianxin committed suicide in a bizarre way, and the trail broke.
December 4, 2012, the 12th National Legal Awareness Day, y encouraged by the microblogging 63 hours to kill a senior official reportedly opened a microblogging, microblogging to state grievances.
On December 08, 2012, a mysterious man in blue entered Wei's room, after which he mysteriously disappeared, his life and death unknown.
A bizarre experience, a tearful accusation, Wei Xianxian's experience of the media disclosure, that is, on the Internet won countless eyeballs, many people in this Wei Xianxian experience to sympathize with, but also in the search for the truth in the end is what?
Recently, the Legal Daily reporter traveled to Pinglu County, Shanxi Province, on the incident launched an in-depth investigation, but found that the matter has a different day.
Law Daily reporter Ma Yuejun
Billionaire or in debt?
Rush to Pinglu, has been over the eighth lunar month, people on the street have begun to prepare to buy a variety of new year's goods.
Compared with the bustling county, located in the county more than 30 kilometers east of Pinglu County Bauxite Calcining Welfare Factory, is a depressed and desolate scene, perhaps only deserted plant, rusty equipment, will remember the factory once brilliant.
Who is the real contractor?
Pinglu County Bauxite Calcining Plant is the November 13, 1986 Pinglu County Planning Commission "on the establishment of" Pinglu County Bauxite Calcining Plant "notice" (Ping Planning (1986) No. 64) approved the establishment of the establishment of the beginning of the Civil Affairs Bureau of Pinglu County and the original Caochuan Township (later changed to the township) Civil Affairs Office funding responsible for the start. Funding is responsible for the opening of the business registration as a collective enterprise.
January 1989, the township civil affairs office and calcination plant workers Wei Constitution signed the "Pinglu County Bauxite Calcining Plant Profit Contract",
The main contents of the contract are as follows:
Contract subject: "contracting unit: Caochuan Township Civil Affairs Office referred to as the A party, the contracting unit: the plant Wei Constitution referred to as the B party! "
The main terms: "First, Party A provides two calciners, site 15.96 acres, six houses, valued at 79,000 yuan. Secondly, Party B will keep the capital and value of the property provided by Party A during the contracting period. Third, the contract period is eight years (January 1, 1989 to December 13, 1996). V. The net profit of 43,000 yuan shall be handed over every year, which shall be paid in two installments. Pay 15,000 yuan before the end of May each year, and 28,000 yuan before the 15th of January of the following year. Eight, the contract expires value-added part (sic, should be 'points') to Party B."
The inscription: "Party A unit: Caochuan Township Civil Affairs Office (Chapter), representative: Liang Guifa (signature), Party B unit: Pinglu County Bauxite Calcining Plant, representative: Wei Constitution (signature)."
July 15, 1989, the Civil Affairs Bureau of Pinglu County issued a "Notice of the Civil Affairs Bureau of Pinglu County on the posting of comrade Wei Constitution," Wei Constitution was appointed director of the plant.
For the contract, a contract by the China University of Political Science and Law Ying Songnian, Zhao Xudong, Li Yongjun, Renmin University of China School of Law Yang Lixin, the Chinese Academy of Social Sciences Institute of Law Sun Xianzhong and other professors of the "legal advice argumentation" (hereinafter referred to as argumentation of the book a) that "Pinglu County Bauxite Calcining Plant Profit Contract" is a true meaning of the two parties, and the contract performance period, as well as the contract performance period. expressed that during the period of performance of the contract, as well as at the expiration of the period of performance of the contract, the Civil Affairs Office of Caochuan Township only enjoys the right of return on the part of the Calcination Plant that retains its value, and all the value-added part of it goes to the Wei Constitution in its entirety."
At the same time, another by Peking University Law School Liu Kaixiang, Tsinghua University Law School Shi Tiantao, Renmin University of China Law School Liu Junhai, University of International Business and Economics School of Law Mei Xiaying, Huang Yong and other professors issued the "Legal Consultation Argumentation" (hereinafter referred to as Argumentation II) is that: "Pinglu County Bauxite Calcining Plant Profit Contract" legal The Contract for Profit Contract of Pinglu County Bauxite Calcining Plant is lawful and valid, but the two parties who are the subject of the Contract are the Civil Affairs Office of Caochuan Township and the Calcining Plant, and the value-added portion of the property should be the legal person property of the Calcining Plant. The actual operator (referring to the Wei Constitution) as a representative of the contractor can not violate the corporate property rights."
The reporter then checked the relevant information, March 1, 1988 from the implementation of the "national ownership of industrial enterprises contracting system of responsibility for the Interim Regulations" Article 14, Article 30, Article 33, "to carry out the contracting business must be carried out on behalf of the contractor by the operator of the contracting party with the contracting party to enter into contracting contract, the contracting party for the people's government to develop the relevant The contracting party shall be the relevant departments of the People's Government, and the contracting party shall be the enterprise practicing contracting"; "The enterprise operator shall be the factory director (manager) of the enterprise, the legal representative of the enterprise, and shall be fully responsible for the enterprise"; and "The annual income of the enterprise operator shall, depending on the fulfillment of the contracting contract, be 1 to 3 times the average annual income of employees of the enterprise, which may be higher than the average annual income of employees of the enterprise". one to three times the average annual income of employees, and may be appropriately higher for outstanding contributions."
However, Mr. Wei still believes that he is the contractor and the value-added portion of the factory should belong to him, and not only that, but so do many people in Pinglu County, including those in the county civil affairs bureau.
Is the Wei constitution a billionaire?
The question of who is the contractor can be put aside because, if it is not, there is no need to investigate and discuss this matter, so let's assume it is.
The next step is to figure out the second question: is Wei Xianzhu a billionaire or not? In other words, how much is the calcination plant worth?
According to some previous reports and the Wei constitution, by 2006, the calcining plant assets have been more than 100 million, after the government was forced to take away without compensation.
However, in interviews, the local government said that by 2006, the calcining plant had become seriously insolvent.
Then supply section chief of the calcining plant, working in the plant for six or seven years, Zheng Guangxiu told reporters: "Calcining plant's efficiency was indeed very poor, the plant also owes a lot of debt, the wages of workers, freight costs of raw materials can not pay. And the Wei constitution is not in the factory for a long time, said to go out to engage in financing to go, in fact, it is out to avoid debt to go."
Seeing that the factory's efficiency is really not good, Zheng Guangxiu finally chose to jump ship.
However, Jiang Wenjiang, then deputy director of the calcining plant, in a previous interview with other media, but has another statement, "Although Lao Wei often go out to see a doctor, the bank's loan is about to expire, but the factory's production and operation situation is very good, and the funds are also very sufficient."
"Jiang Wenjiang is the pro brother-in-law of the Wei constitution." In this regard, Zheng Guangxiu told reporters this.
The reporter then checked the calcination plant in recent years years enterprise legal person annual inspection report.
Pinglu County Bureau of Industry and Commerce, an old comrade told reporters to read the annual inspection report of the enterprise legal person in the production and operation of the enterprise status, first of all, to make clear a few simple financial concepts, "assets", "liabilities", "net assets (also known as owners' equity)", "profit and loss", "simply put, assets is how much money an enterprise a ****, including fixed assets, current assets, intangible assets, etc.; liabilities are owed outside the How much money, net assets is assets minus liabilities, that is, how much money the enterprise is worth, if the net assets are negative, is the so-called insolvency; profit and loss is how much money earned or lost that year."
The report shows that in 1994, the profit was 119,000 yuan; in 1995, the profit was 64,800 yuan; in 1996, the loss was 73,000 yuan; in 1997, the loss was 110,400 yuan; in 1998, the loss was 80,000 yuan; in 1999, the loss was 80,000 yuan; in 2000, the loss was 11,000 yuan; in 2001, the loss was 1.52 million yuan; in 2002 In 2003, the profit was 100,000 yuan; in 2003, total assets were 21.3 million yuan, liabilities were 14.94 million yuan, total net assets were 6.36 million yuan, and the loss was 430,000 yuan. (2004, 2005 calcination plant did not carry out annual inspection, business license business sector gave the reason is that at that time can not find Wei constitution. 2006, Wei constitution will calcination plant subcontracted to Qi Li company (that is, after Wei constitution later sued the member of the company), Qi Li company to make a declaration, this paper has not been used here).
From this annual inspection report, it can be seen that from '96 onwards, the calcining plant is a lot of losses and profits, and the net assets by the end of 2003 was only a few million.
In 2006, Pinglu County Calcined Plant Asset Audit Group gave the conclusion of the more jaw-dropping: as of the end of 2006, the Calcined Plant assets totaled 22067242 yuan, corporate liabilities up to more than 43 million, net assets of more than 19 million. This does not include the Qili company put forward 30 million debt disputes (the working group at the time the opinion of the Qili company's claims to be determined by the judicial process to determine the specific amount of claims, and then dealt with separately).
It is understood that on November 27, 2006, the liquidation group through the Pinglu TV station to the community issued a notice to the Pinglu Bauxite Calcining Plant for the verification of claims filed, from November 28 to December 4, filed a declaration of *** 355, it is worth noting that most of these claims, with the calcining plant issued debit notes, but did not enter into the books of more than 40 million in debt. Calcination plant on the books of only more than 9 million.
From the appendix of the breakdown of the debt, the reporter saw, the type of borrowing contains loans, loans, deposits, wages, land lease fees, meals and other aspects of the number of the largest for the declaration of the Pinglu Agricultural Bank of more than 17 million yuan, the account is only 3.6 million yuan, the smallest number of a named Zhuang Xuerong declared a salary of 60 yuan.
After that, the audit department of the calcination plant's financial audit of 11 problems, the largest amount of which is, the Agricultural Bank of China loan of 8 million yuan of funds to go, the enterprise bank deposits on the books are not reflected.
"Audit results came out, the Wei constitution and find missing, calcination plant books are gone," a staff involved in the year of the liquidation of capital, told reporters that at that time, the Pinglu Public Security Bureau had this case, and then for some reason it was not settled.
Clay mining rights belong to who
Since the calcination plant net assets, why the Constitution will claim that they are sitting on hundreds of millions of assets? Wei Constitution, said the calcining plant under the name of five other clay mines, but, in 2006, when the assets of the capital, did not assess the mining rights.
Wei constitution said in a media interview before, after the contract calcining plant, successively to Caochuan Town, Park Cliff low refractory clay mine, Caochuan Town, Hao Liuzhuang refractory clay mine, Caochuan Town, Caohe refractory clay mine, Caochuan Town, Caochuan Town, Chaoyang Slope refractory clay mine, Caochuan Town, the name of the Fengjiazhi refractory clay mine to do a 5 mining license, five mines covering a total area of 2.6278 square kilometers, with a total reserve of aluminum ore amounting to 3.003 million tons (at that time, the name of the clay mine collection of aluminum ore, in Pinglu local is very common, in 2008, Shanxi Province, a non-coal resources integration has been corrected this matter), according to the current price of aluminum ore, the total value of a few clay mines has long reached hundreds of millions of dollars.
Wei-Constitutional said, the mining license in his contract, there is no, this is his private enterprise in the name of the process, after "in order to do the procedures for the convenience of registration in the name of the calcining plant", belongs to the value-added part of the calcining plant, should belong to all of him.
Some people have been on the matter of the analogy, "the old guard contracting calcination plant is like a person renting a house, he rented when the house only a bed, and then the old guard to pay for their own furniture quilt, you do not allow him to rent a house, can not be people's furniture quilt to be gone it."
In this regard, the Argument I also argued that "according to the provisions of Article VIII of the contract, the value-added portion of the contracted business all belongs to the for (should be Wei, sic) Constitution, the mining rights acquired by Wei Constitution of course, also belong to the Wei Constitution."
Is that really what happened?
November 17, 2011, Yuncheng City Commission for Discipline Inspection of the investigation of this matter, Yuncheng City Land Department to the Yuncheng City Commission for Discipline Inspection of a "Bauxite Calcining Plant in Pinglu County under the five mines of the mining rights of the ownership of the verification report," written in this way: "the early nineties, the work of mineral resource management has just started, the phenomenon of unlicensed mining is more common. Pinglu County Calcining Plant was established, the scope of production is mining Caochuan area within the territory of aluminum ore, self-mining stone, their own calcination, in fact, is also a kind of unlicensed mining behavior. In the late eighties, the state emphasized the standardization of procedures, orderly mining, began to implement the mining license system. However, because of the long-standing problem of private digging and indiscriminate mining, in the specific work, most of them adopted the approach of 'getting on the bus first and buying the ticket later' to gradually regulate the order of mining mineral resources. In this context, from 1990 to 1997, Pinglu County Calcining Plant has obtained mining licenses for five mines. The total production scale is 85,000 tons per year, and the total reserved reserves are 3,003,000 tons."
Yuncheng City Land Department concluded that "the mining rights of the five mines should belong to the Pinglu County Bauxite Calcining Plant collective ownership." Reason 1: "From the registration situation, the five mines of the Mining License application unit are Pinglu County Bauxite Calcining Plant; application registration form are used in Shanxi Province, collective mining enterprises mining application registration form; mining right is Pinglu County Bauxite Calcining Plant." Reason 2: "legally, the state in 1998, the law provides for the acquisition of mining rights is the state-owned or collective enterprises through the approval, free of charge, does not allow the individual mining "the state does not mine the small deposits", until 1998, after the promulgation of the "Mineral Resources Mining Registration Management Measures It was only after the promulgation of the Measures for the Administration of Mineral Resources Mining Registration in 1998 that enterprises of an individual nature were allowed to apply for mining licenses for small deposits." Reason three: "From the reserves, according to the relevant provisions, five mines are not sporadic and scattered minerals, only collective enterprises can obtain mining rights such as the scale."
A friend engaged in mining work to the reporter to further explain that the 2006 Calcination Plant mining license and today paid the price of resources to obtain a different mining license, the main features, one is the Calcination Plant mining license is obtained without compensation, the second is that this permit is not the entire mine is licensed to the miner, but the annual license for an upper limit of the amount of mining can be less, but not More, third, this kind of license is time-limited, usually two to three years, after the expiration, the licensee can apply to the land department for renewal, can continue to be licensed, depending on the situation.
"In a nutshell," the friend said, "what the calcining plant got was a right to mine 85,000 tons of aluminum a year, and according to the aluminum price at the time, all mined out, it was just a couple of million a year in gross profit."
So, some people also made an analogy, "the old Wei rented a house, through the decoration, purchase of furniture, so that the house value-added, value-added part should be his, but the house of the land because of the national policy price increases, can not be regarded as his, right?"
At the same time, the "argumentation book II", there is this expression: "calcination plant before the restructuring of the mining license rights it obtained, is only an administrative license, does not have the nature of 'usufruct', can not be transferred, so the etc. can not be assessed as intangible assets. "
Checked the calcination plant in recent years the annual inspection report of enterprise legal person. Pinglu County Industrial and Commercial Bureau of an old comrade told that to understand the enterprise legal person annual inspection report in the production and operation of enterprises, first of all, to clarify a few simple financial concepts, "assets", "liabilities", "net assets (also called owner's equity)". called owner's equity", "profit and loss", "Simply put, assets are the enterprise a *** how much money, including fixed assets, current assets, intangible assets, etc.; liabilities is how much money is owed outside, net assets are assets minus liabilities, that is, the How much money is the enterprise worth, if the net assets are negative, is the so-called insolvency; profit and loss is how much money earned or lost that year."