In order to renew the loan from the bank, he found someone to "flatter" and fell into the trap of the Gaoli lenders ｜ 9:30 tonight

In order to be able to successfully renew the loan from the bank

Actually agreed to go back to the Gaoli lenders by loop accounting

"Flat" private loan

As a result, fall into the trap

Difficulties in the company

Native

Procuratorate Criminal and Civil Prosecutor's Department

Relay supervision

Obtained by falsifying evidence and false statements

Judicial confirmation ruling was revoked in time

"If it wasn't for the strong supervision of the procuratorial organs, the company would really have no way at that time ..." Recently, Yuan Mou, a private entrepreneur in Huangdao District, Qingdao City, Shandong Province, received a civil ruling of the court withdrawn from the judicial confirmation ruling, and gave it. Liu Jinli, a prosecutor of the Case of Huangdao District Procuratorate, called.

What is the content of the judicial confirmation ruling of the court? All this starts from 7 years ago.

Falling into a trap for "flat account"

Enterprise suffers severely

Yuan operated the three companies of A, B, and C in Huangdao District, Qingdao City, and used the land and factory of Company A as a mortgage to apply for a mortgage loan to the bank. In October 2015, Yuan's company had difficulty in operating and urgently needed funds turnover. According to people, Yuan met Feng, who was engaged in private lending business. By June 2016, Yuan had a total of 7.74 million yuan in borrowing from Feng Mou. The monthly interest rate was 4.5 points, and the interest was repaid every month. Yuan mortgaged Company A's land and factory to Feng, and returned interest from time to time.

In January 2017, the loan of 19 million yuan in bank was about to expire. If you want to renew the loan from the bank, you need to lift Feng's second bet first. Then mortgage the land and factory of Company A to him. Feng disagreed and asked Yuan to pay off the loan first and then solve it. Yuan Mou was unable to repay, and Feng proposed to eliminate the debt through the third person's "tie account" and found his partner Ding Mou. After the amount of interest rate calculation was calculated, Ding asked Yuan to signed a loan contract of 8 million yuan, which also agreed that the monthly interest rate was 4.5 points. Subsequently, the three transferred to Ding 1 million yuan to Ding by Feng, Ding Mou transferred 1 million yuan to Yuan and Yuan to Feng Mou, and re -transferred 8 times, and finally formed Ding Mou to Yuan Mou to Yuan Moumou to Yuan Moumou. 8 million yuan of transfer records to "flatten" the debt relationship between Yuan and Feng.

Although Yuan had previously repaid more than 4.7 million yuan from Feng, in order to be able to solve the time as soon as possible, Yuan had to recognize the amount of borrowing of 8 million yuan and go through the "flat account" procedure. Feng Mou emphasized that the 8 million yuan debt between Yuan and Ding Mou was also responsible for him. Yuan Mou just repaid the money to give him, and he did not need to contact Ding. After Yuan's promised all the conditions, Feng cooperated with him to complete the lifting procedures. After Yuan Mou successfully completed the bank's renewal procedures, Feng asked Yuan to cooperate with him to go through the new mortgage loan procedures. The loan amount was 8 million yuan, and the mortgagee was Ding.

He has been repaying monthly until April 2017. Due to the tight funding, Yuan could not pay the interest in full on your monthly. Feng often took people to Yuan Mou's office to ask for accounts and asked him to confirm his debt and debt relationship in the court. Yuan Mou did not agree with it. Later, under the repeated entanglement of Feng, he had to cooperate with him to reach a pre -complaint agreement to the court. The mediation agreement states: Yuan Mou owed Ding's principal of 8 million yuan and 1.6 million yuan in interest; Yuan Mou paid the lawyer fee of 100,000 yuan due to the case; The four factories and one comprehensive office building under the name of the power company A exercise the mortgage right and priority compensation; Yuan's A, B, C, and Ding company shall set off the liability for all the debts and joint guarantees. After applying for a judicial confirmation of the mediation agreement, Feng clarified the legal effect of this mediation agreement.

Later, because Yuan could not be repaid in full on time, Ding applied to the court for mandatory execution, and the company's factory building and office building were seized by the court, facing the consequences of being auctioned. In the case of being affected by corporate reputation and unsuccessful operations, Yuan chose to call the police.

Procuratorate accepts cases

The relay supervision of the two departments of Xingmin

"They lied to me! Before the mediation of the previous complaint, they said that the case of the pre -sue will not access the Internet, it will not affect the enterprise, and they will not apply for execution. They just determine the debt. . But the fact is that they have long thought that they would occupy my factory building and land. After negotiating with me, they would not be able to repay the debt with land, they went to apply for compulsory execution, sealing and auctioning the plant and land. The Dominopile effect it produced has also harmed the corporate image and reputation. Investors have asked me to withdraw money, and other creditors who have not expired also have money. Several companies can't run anymore, and once the factory and land are auctioned, I never have a chance to turn over ... "Yuan Mou said anxiously and angrily.

According to Yuan's report, the public security organs shall investigate Feng and Ding and Ding for investigation on suspicion of suspected lawsuits, and subsequently submitted the Huangdao District Procuratorate for review and arrest. The criminal procuratorial department of the court was reviewed that although there was a possibility of falsification evidence and false statements that caused the court to make an error ruling, the audit results showed that in January 2017, the borrowing principal between Yuan and Feng has not yet been paid off. The 8 million yuan civil loan contract used by Ding to prosecute contains some of Feng's borrowing principal. The fact that the prosecution is not a completely fabricated fact, so it cannot be held criminally responsible for Feng and Ding for suspected false lawsuits.

After understanding this situation, Yang Cuihua, the deputy prosecutor of the Procuratorate of Huangdao District, immediately called the civil prosecutor department of the institute to hold a joint meeting of the prosecutor to discuss the case of civil litigation supervision in this case. Yang Cuihua pointed out that the crime of false lawsuits in the false lawsuit in civil lawsuits and false lawsuits in the sense of criminal law is both connected and different. Criminal review failed to obtain conclusions of the crime of suspected false lawsuits, and did not necessarily affect civil evaluation of the behavior of the behavior. Essence Since there is a possibility of falsifying evidence and false statements that cause the court to make an error ruling, the procuratorial organs should supervise it in accordance with the law to protect the judicial justice and authority, and protect the legal interests of the parties. After the unified opinion, the civil prosecution department of the hospital immediately launched the supervision process in accordance with the duty and designated the prosecutor Liu Jinli to handle the case. Liu Jinli fully exercised the investigation and verification power, and started with the relevant files of the pre -mediation of civil lending disputes involved in the case and the relevant file of the judicial confirmation of the judicial confirmation of the case. Subsequently, Liu Jinli retracted the statements and confession of Yuan, Feng, Ding, and others in the process of criminal review. Feng Mou and Ding and Yuan created a series of transactions that Yuan Mou owed Ding Mou's 8 million yuan in a cyclic accounting, so as to achieve a series of in -name lawsuits, legalized illegal debt, and the purpose of embezzle borrower property, etc. fact.

Prosecution suggestions in accordance with the law

The error ruling was revoked

Although the facts have been found out, the supervision work still faces another problem that needs to be solved urgently. This case belongs to the case where the parties apply for a judicial confirmation of the mediation agreement, that is, the case of special procedure trial. In accordance with the "Supreme People's Court's Interpretation of the Civil Procedure Law of the People's Republic of China", the judgment and ruling made by the court in non -litigation procedures such as special procedures, urging procedures, publicity urging procedures, and bankruptcy procedures cannot be applicable. Auditing procedures. To this end, the civil procuratorial department of the Huangdao District Procuratorate held a joint meeting of the prosecutor again to analyze and discuss the supervision basis and supervision method of the case.

After in -depth discussions, the prosecutors agreed that when applying for a judicial confirmation mediation agreement supervision case, the supervision target should be a mediation agreement confirmed by the judicial confirmation. Sexual regulations, violation of the principles of legitimate voluntary, violation of public order, or violation of national interests, social public interests, and legitimate rights and interests of others. According to the relevant provisions of the Civil Procedure Law and the Civil Procedure Regulations of the People's Procuratorate, the procuratorial organs have found that there are "judgments, rulings indeed wrong, but not applicable to re -review order correction" in the civil trial procedures at the same level. The Court of Court made procuratorial suggestions.

In this case, the three of Yuan, Feng, and Ding made false flow in a cycle of accounting. By reaching a pre -claim mediation agreement and applying for judicial confirmation of the court, the court was suspected of forgery of evidence and false statements caused the court to make an error ruling, which has obstructed the obstruction The judicial order harms national interests, social public interests, and legitimate rights and interests of others. This case is a case of special procedure trials. Therefore, the procuratorial organs should supervise the procuratorial proposal in accordance with the law.

On February 24 this year, the Huangdao District Procuratorate submitted a procuratorial suggestion to the Huangdao District Court in accordance with the law, and suggested that the case of the judicial confirmation of the judicial confirmation of the case involved in the case involved in the case was proposed. After reviewing it, the Huangdao District Court adopted a procuratorial suggestion and made a civil ruling on May 23 to revoke the aforementioned judicial confirmation ruling.

"I recognize the money I owe, but I must be a legal debt. This' Counter -Corporation 'Corporation' helped me to keep the factory and land, but also restore the reputation of the enterprise. The previous partners came to me to talk about the project development. Through cooperative financing, it can not only repay the debt, but also put it into production and operation, so that the enterprise will be able to return to life. In the future, I will thank the procuratorial organs for the help of the procuratorial organs in the future. When the procuratorate conducted a return visit, Yuan Mou said excitedly.

Prosecutor

Capable

Maintain the legitimate rights and interests of private enterprises in accordance with the law

"The rule of law is the best business environment." Procuratorate escorting the development of private enterprises must minimize the adverse effects of the normal production and operation of the enterprise, and also actively exert the legal supervision function, take supervision as the means, and endanger private privately. The behavior and administrative and judicial organs of corporate legitimate rights and interests have undergone adverse effects on SMEs to supervise and correct them in accordance with the law, and strive to create a fair, fair, transparent, and stable environment for private enterprises for the development of private enterprises.

The procuratorial organs should fully implement the concept of precision supervision, and in response to the clues found in the process of performing their duties, the procuratorial proposal supervises relevant units and departments to effectively safeguard the interests of private enterprises. In this case, in accordance with the relevant provisions of the "People's Procuratorate's Civil Procedure Supervision Rules", a case of civil ruling made by the people's court through special procedures was wrong but cannot be applied to the re -review sequence correction. The procuratorate at the same level shall submit procuratorial suggestions in accordance with the law. As a special procedure, judicial confirmation aims to make the parties obtain civil ruling through judicial confirmation procedures efficiently and conveniently to resolve civil disputes. In practice, due to the insufficient confrontation and debate between the parties, the judge's review of the relevant content of the mediation agreement is not deep enough. Repeatedly occurred. As a legal supervision organs, the procuratorate should actively give play to the functions of the supervision and civil judgment procedure supervision of civil trial personnel, make full use of procuratorial proposal powers, and supervise corrections of illegal situations in the case of judicial confirmation and mediation agreement, and effectively maintain judicial justice and judicial authority. Protect the legitimate rights and interests of the parties and outsiders. The procuratorial organs should also strengthen the "integrated case handling concept", strengthen communication and cooperation among departments, and consolidate the joint efforts of procuratorial supervision; should practice the concept of motivating judicial concepts, properly handle the cross -crossed crowd of cases; Thinking, adhering to the principles of supervision and supervision, actively performing duties to discovered problems, daring to take responsibility, and contributing to the stable and healthy development of socioeconomic economy and the strong protection of the legitimate rights and interests of the people. (Liu Jinli, Huangdao District Procuratorate, Qingdao City, Shandong Province)

(Procuratorate Guo Shuhe)

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