Yuan Chengjia?
Yuan Chengjia used to be a member of Benxi CPPCC and a representative of Anshan Municipal People's Congress. 20 141on October 24th, Yuan Chengjia was sentenced to 20 years' imprisonment by Yingkou Intermediate People's Court on six counts, including the crime of organizing and leading an underworld organization, and his wife Xie was also sentenced to 3 years and 5 months' imprisonment. The court also ruled to recover and confiscate the property and income accumulated by the organization, including more than 20 enterprises, enterprise account deposits and 30 enterprise vehicles. 2065438+05438+065438 On October 24th, 2005/kloc-0, the Higher People's Court of Liaoning Province upheld the sentencing of Yuan Chengjia and others, and decided to return some of Yuan Chengjia's detained property. Yuan Chengjia's attorney Wang told reporters that Yuan Chengjia and Xie applied for state compensation according to the court's judgment. The Yingkou Intermediate People's Court of the court of first instance and the Higher People's Court of Liaoning Province of the court of second instance ruled that Yuan Chengjia's personal property and investment funds were still in 17 enterprises, which had nothing to do with the underworld and should be returned. The return of assets is also a form of state compensation stipulated in the State Compensation Law. If it is stipulated that it is illegally sealed up, detained or frozen, it shall be compensated.
Wang said that the applicant had received the notice of acceptance of the application for state compensation issued by the Liaoning Provincial Public Security Bureau, "Liaogong Compensation Receipt Word [20 17]00 1". "On May 15, I submitted an application for state compensation to the Liaoning Provincial Public Security Department. On May 18, the Liaoning Provincial Public Security Bureau informed me that the case had been formally filed. On May 19, we got the formal filing notice. "
The Higher People's Court of Liaoning Province ruled that the existing evidence could not prove that Yuan Chengjia 17 enterprises and their account funds were used for illegal and criminal activities, which were related to organized crimes of a triad nature. The funds, vehicles and frozen funds in these enterprises and enterprise accounts were improperly recovered and confiscated, and the judgments were returned by the seizure, seizure and freezing organs according to law. The judgment also holds that Yuan Chengjia's family and non-enterprise property should be returned to the bank shares, and Yuan Chengjia's assets of 20 million yuan before the establishment of the underworld organization in 2003 should be returned.
Why did Yuan Chengjia and his wife apply for 3.73 billion yuan of state compensation? Another lawyer, Zhang Xuefeng, said that it includes four parts. The Liaoning Provincial Public Security Department seized, detained and frozen 530 million yuan in cash, and now it has returned more than 300 million yuan, but has not returned 65.438+0.5 billion yuan; The second part is about the 17 enterprise illegally disposed by the Liaoning Provincial Public Security Department. The income from its normal operation from May 201010 to May 20 17 was 2.6 billion yuan. The third part is that Yuan Chengjia's investment bank raised 280 million yuan and earned 97 million yuan. The fourth part is the watches, gold bars, paintings, handicrafts, jade ornaments, Moutai and other items illegally seized, detained and frozen by the Liaoning Provincial Public Security Bureau during the investigation stage.
20 1 1 16 10, the Opinions of the Central Committee of the State Council on Perfecting the Property Rights Protection System and Protecting Property Rights by Law was issued, followed by the Supreme People's Court's opinion, giving full play to judicial functions, earnestly strengthening judicial protection of property rights and properly handling historical property rights cases according to law, followed by the Supreme People's Procuratorate's opinion, fully performing procuratorial functions and strengthening judicial protection of property rights. It can be seen that strengthening the judicial protection of property rights has been promoted as an important work.
In recent years, compulsory measures have been taken against private entrepreneurs, and illegal seizure, seizure and freezing of private enterprise assets have occurred from time to time. The opinion of the Supreme Law requires that the seizure, seizure and freezing must be based on facts and laws, and must not exceed the legal scope, legal objects and legal procedures; It is required to follow the principle of self-financing while minimizing the adverse impact on the production and business activities of enterprises. Yan Maokun, director of the Supreme Law Research Office, pointed out that illegal individuals cannot be implicated in enterprises; If an enterprise violates the law, it cannot implicate personal property, nor can it implicate legal property when dealing with illegal income. Individuals who violate the law cannot implicate the legitimate property of family members. In a word, we can't implicate irrelevant people or innocent people.
The Opinions call for resolutely preventing economic disputes from being treated as criminal offences. Yan Maokun pointed out that for those with unclear legal boundaries and unclear charges, the judicial organs should declare such acts innocent according to law in strict accordance with the principles of legality and nullum crimen sine lege, and resolutely prevent unjust, false and wrong cases.
In view of the weak links and outstanding problems existing in the protection of property rights, the Supreme People's Procuratorate's opinions highlighted the key points of attack. Wan Chun, director of the Legal Policy Research Office of the Supreme People's Procuratorate, pointed out that the Opinions clearly demanded that duty crimes that caused serious loss of state-owned and collective assets in the process of state-owned enterprise's state-owned assets reform and rural property rights transfer be severely punished according to law, and illegal means such as illegal fund-raising, financial fraud, commercial bribery, false litigation and forced trading were severely punished according to law, which destroyed the fair business environment in the market and infringed on the property rights of all kinds of subjects, with emphasis on cracking down on crimes of intellectual property rights infringement by chain and industrialization.