Not guilty! No prosecution! A contract fraud case defended by lawyers Meng Fanhu and Cui Shouxu from Jinan, Zhongcheng Qingtai, was legally non-prosecuted.

Yangchun March, spring is full! When Zhang Jun, chief procurator of the Supreme People's Procuratorate, made a report on the work of the Supreme People's Congress at the fifth session of the 13th National People's Congress that the procuratorial organs should actively implement the criminal justice policy of less arrest and cautious prosecution, the procuratorial organ in Jinan, Shandong Province, implemented the new era procuratorial concept of "active performance of duties according to law", In-depth investigation and study of a major contract fraud crime case in the examination and prosecution stage, strictly control the facts, evidence, and law, and carefully listen to the opinions of defense lawyers, and believe that "the behavior of the person who is not prosecuted does not fabricate facts, conceal the truth to defraud the other party's property, and there are no criminal facts", and decided not to prosecute him in accordance with the law. It protects the legitimate rights and interests of the parties and avoids the occurrence of a major criminal misjudged case that may be sentenced to more than ten years in prison. The investigation agency of the case believes that in 2003, the suspect Liu Moumou, in the name of a real estate development company in Qingdao, acquired an independent building in a military property in Qingdao through auction and gave the property to others. After many rounds of work, the building was transferred by Dong Moumou with 5.5 million yuan. In June 2012, Liu Moumou used the above-mentioned real estate that had been donated to others and did not belong to him, and signed the "House Use Right Transfer Agreement" with the victim Xing Moumou, defrauding Xing Moumou of 800000 yuan, suspected of contract fraud. The client entrusts a team of senior criminal lawyer Meng Fanhu and lawyer Cui Shouxu, who has been practicing in our institute for nearly 30 years, to serve as his defender. After accepting the entrustment, the lawyer team carefully analyzed and studied the case file materials, communicated with the parties several times on the details of the case, based on the facts and evidence in the case, and determined the idea of innocent defense. The defender believes that the 1. evidence in the case proves that before purchasing the right to use the real estate involved, Xing Moumou knew that the real estate involved was under the actual control of others, Liu Moumou had lost his right to control the real estate, and Xing Moumou knew the fact that he could only get the real estate involved and could not directly obtain the right to use the real estate after paying the consideration. 2. the subject matter transferred in this case is the real estate involved, it is actually the auction procedure, xing's intention was to try to get the auction procedures and then sue the owner of the property; 3. the property involved in the transfer process, Liu did not carry out any fictitious facts or conceal the truth; 4. the transfer process involved is a normal market transaction activity, Liu Guanglong subjectively has no purpose of illegal possession. Therefore, Liu Moumou delivered the procedures of the real estate involved in the case, and Xing Moumou paid the corresponding consideration. Without violating the mandatory provisions of the law, the transaction activities involved in the case should be protected by law. This is a normal market transaction behavior. In the course of the transaction, Liu's behavior is obviously different from the criminal act of defrauding other people's property for the purpose of illegal possession, and Liu's behavior involved in the case does not constitute the crime of contract fraud. During the year-long review and prosecution period, the defender communicated with the prosecutor many times and submitted a written defense of innocence and an application for non-prosecution. In the end, the public prosecution agency recognized and adopted the defender's opinion, and declared the party Liu Moumou innocent by not prosecuting, and the defense was a complete success! The legal basis for the procuratorial organ to make a decision not to prosecute in this case is Article 177 of the the People's Republic of China Criminal procedure Law, which gives the procuratorial organ the important power to exercise the decision not to prosecute. "Shangshu" contains: "It is better to lose than to kill innocent people". The right of non-prosecution is an important part of the right of public prosecution in China, which plays an active role in strengthening the objective and impartial obligation of prosecutors, ensuring that innocent people are not subject to criminal investigation, implementing the criminal policy of combining justice with mercy, and implementing the economic principles of litigation. The procuratorial organ in this case has the courage to take responsibility, adheres to the criminal concept of "no suspected crime" and "no prosecution in doubt", objectively and comprehensively examines the evidence in the case, and attaches great importance to the opinions of lawyers. it avoids the criminal risk that the person who is not prosecuted may be wrongly prosecuted and sentenced to 10 years in prison, protects the legitimate rights and interests of the parties to the maximum extent, and ensures the correct implementation of the law. The professionalism and dedication of the defense lawyers in this case was highly praised by the parties. The successful defense of the case demonstrates the professional image of our criminal business team of "craftsmanship and high-quality cases", and further enhances the reputation of "Zhongcheng Qingtai" lawyers in the industry and society.

2022-03-11

The time is just as good as you | Zhongcheng Qingtai Jinan's "encounter fingertip elegance-pearl jewelry DIY" activity was successfully held

March is warm and the time is just right. On the occasion of the Goddess Festival, the Labor Union of Zhongcheng Qingtai Jinan Institute, together with the Women's Working Committee and the office, launched a "Elegance at Fingertips-Pearl Jewelry DIY" activity to go on a trip to create pearl art. The chairman of the labor union, Li Jian, sent holiday wishes to the women lawyers on the spot. Princess Diana once said, "If a woman can only own one piece of jewelry, it must be a pearl". After years of change, sand wash, a grain of ordinary gravel, in the body of the pearl clam into a bright and gorgeous treasure, round and warm, crystal clear, meaning transformation, elegant, pure. This activity specially invites professionals to share pearl jewelry making skills with lawyers participating in the activity. At the activity site, the professional teacher explained in detail the relevant knowledge of pearl jewelry maintenance. Under the teacher's patient guidance and explanation, everyone concentrated on prying mussels, digging beads, cleaning and polishing the pearls taken out by themselves, making unique ornaments and wearing them. The cheerful atmosphere on the site instantly pushed the activity to a climax. In this DIY activity, everyone puts emotion and ingenuity into the production process, shares their unique views on "beauty", relaxes their body and mind after busy work, and further enhances their sense of happiness, gain and ritual. Disperse pearl-like light at work.

2022-03-08

Interpretation of the essence of framing boundaries, Cheng law-abiding lawyers were invited to conduct special training on the general principles of the civil code and judicial interpretation for wave information.

On the morning of March 5, 2022, lawyer Cheng Law-abiding, deputy director and senior partner of Zhongcheng Qingtai (Jinan) Law Firm, was invited to carry out a special lecture on "interpreting the essence of the Civil Code and defining the boundary between work and life" for Inspur Electronic Information Industry Co., Ltd. The lecture was conducted through a combination of online and offline webex conferences. Inspur is one of the eight national safe and reliable computer information system integration key enterprises in the country. The independently developed China's first key application host Inspur K1 makes China the third country to master the core technology of high-end servers after the United States and Japan. Inspur server sales The world 3. the first in China. In the development process, Inspur pays more and more attention to the support and guidance of law in the development of enterprises. Focusing on the general provisions of the civil code and combining with the latest judicial interpretation, lawyer cheng law-abiding introduced the substantive amendments and new contents of the civil code. through a large number of specific and vivid practical case studies, he transformed the legal concepts such as civil subject, meaning expression, guardianship agency, legal person classification and liability into easy-to-understand language, and taught a profound and simple legal course for the participants. At the same time, lawyer Cheng Shou-fu combined with the characteristics of high-tech enterprises of wave information, interacted with the participants and put forward reasonable suggestions on the legal risks in the operation of the enterprise. This lecture enabled the employees of the company to have a deeper understanding and understanding of the Civil Code, and improved the legal literacy of the relevant personnel of Langchao Information. At the same time, it also enabled Zhongcheng Qingtai to establish a closer relationship with Langchao Information, which is the next step for both parties. The cooperation has laid a good foundation.

2022-03-07

Lawyers Ning Lei and Duan Shuwen were invited to attend the legal compliance exchange meeting of China Everbright Bank Jinan Branch.

On February 25, 2022, lawyers Ning Lei, Duan Shuwen and Zang Fuyu of Zhongcheng Qingtai (Jinan) Law Firm were invited to attend the legal compliance exchange meeting held by Jinan Branch of China Everbright Bank. More than 70 people including the main leaders of China Everbright Bank Jinan Branch and various regional branches and sub-branches, heads of various departments, and account managers participated in this exchange meeting through on-site and video connections. At the exchange meeting, lawyer Duan Shuwen took the four aspects of the company's guarantee rules, the rules of the bank's common guarantee system, the pledge of accounts receivable and the illegal granting of loans in financial business as the meeting point, combined with the "Minutes of the Nine People's Conference" and the "Supreme People's Court on the application of<中华人民共和国民法典>The "Explanation of the Guarantee System" and the relevant practical experience of the bank, interacted with the trainees on the guarantee system in banking practice by means of cases and illustrations, and put forward reasonable legal suggestions. This exchange also carried out the theme activity of "Party Branch of Shandong Zhongcheng Qingtai Law Firm-Party Branch of Legal Compliance Department of Jinan Branch of Everbright Bank". Lawyer Ning Lei conducted in-depth exchanges and detailed plans around the integration mechanism and work integration mechanism of Party building business of both parties and the head of Legal Compliance Department of Everbright Bank. This exchange activity made the bank staff have a deeper understanding and understanding of the guarantee system, and promoted the improvement of the legal literacy of the bank staff. At the same time, it also established a closer relationship between Zhongcheng Qingtai and Jinan Branch of China Everbright Bank. </中华人民共和国民法典>

2022-02-28

Gao Dehai, deputy director of Jinan Municipal Bureau of Commerce, and his party went to Zhongcheng Qingtai Jinan Institute to carry out the theme party day activity of "optimizing the business environment and rule of law publicity month"

On February 25, 2022, Gao Dehai, member of the party group and deputy director of Jinan Municipal Bureau of Commerce, Li Xiulin, deputy director of the Policy and Regulations Department, Wang Xiaowen, second-level researcher Niu Zhancai, fourth-level chief clerk Zuo Xinyao, and office worker Zhang Yu and his party went to Zhongcheng Qingtai Jinan Institute to investigate and study and carry out the "Theme Party Day" activity of optimizing the business environment. Director Geng Guoyu accompanied Deputy Director Gao Dehai and his party to visit the office environment of Zhongcheng Qingtai Jinan and introduced Zhongcheng Qingtai's performance honor, business scope and party building work. At the subsequent symposium, the two parties discussed issues such as expanding business cooperation, carrying out personnel training, implementing the policy of introducing business security and business stability, enhancing the sense of acquisition of market entities, and strengthening policy presentations. In the next step, Zhongcheng Qingtai lawyers will make use of their professional advantages to strengthen exchanges and interaction with the Bureau of Commerce, jointly explore the highlights of cooperation, and contribute to the optimization of the business environment.

2022-02-25

Lawyer Luo Xianghu was invited to participate in the enterprise environmental protection legal service day activities

In order to better carry out practical activities of the rule of law for the people, help enterprises solve the ecological and environmental legal problems encountered in production and operation, and better serve the high-quality development of enterprises, on February 23, 2022, lawyer Luo Xianghu, as the legal adviser of Jinan Ecological Environment Bureau, was invited to participate in the "Enterprise Environmental Protection legal Service Day" jointly organized by Jinan Intermediate people's Court and Jinan Ecological Environment Bureau. During the event, dozens of department heads, including Xu Xiande, the Ministry of Environmental Protection, the Ministry of Legal Affairs, etc., and middle-level cadres and employees of Jiuyang Group Company raised environmental protection-related legal issues on the spot, mainly involving: how to store, transport, dispose, and utilize solid waste in accordance with the law? In order to transform and construct dust removal equipment and facilities, the company needs to stop all relevant pollution prevention and control facilities. What procedures should it go through? How to understand and apply the "Shandong Province Ecological Environment Administrative Penalty Discretion Benchmark Application Regulations" and the "Jinan City Ecological Environment Bureau's Implementation Opinions on Lighter Mitigation and Exemption of Administrative Penalties? In the course of the trial, if there are inconsistent legal bases such as laws, regulations, government rules and judicial interpretations, how to apply the law? Zheng Zhiyong, leader of Jinan Intermediate People's Court and second-level investigator, Liu Jiying, President of Environmental Resources Tribunal, Xu Guangliang, Director of Regulations Division of Jinan Ecological Environment Bureau, People's Court of Laiwu District of Jinan City, relevant leaders of Laiwu Branch of Jinan Ecological Environment Bureau and Lawyer Luo Xianghu respectively answered the above questions on the spot and achieved the expected good results, and won warm applause from the cadres and employees of Jiuyang Group Co., Ltd. Shandong Jiuyang Group Co., Ltd. is a large-scale whole industry chain iron and steel joint enterprise integrating coking, metallurgy, cultural tourism and intelligent manufacturing. It is one of the enterprises listed in the high-quality development plan of Shandong Province. it is also the construction base of new materials industry for tool and die steel in the high-quality development plan of Shandong Province. Jiuyang Group Co., Ltd. is the largest medium and wide strip steel production base in Shandong Province, the largest standard parts material production base in Shandong Province, and the largest steel material production base for prestressed pipe piles in Shandong Province. It was rated as "high-quality brand of Chinese strip steel plant" and "high-quality steel plant brand of Chinese industrial wire industry". Won the title of excellent (B) enterprise in the development quality and comprehensive competitiveness of China's iron and steel enterprises, China's excellent iron and steel enterprise brand, China's excellent iron and steel enterprise, national key high-tech enterprise, Shandong provincial technology center enterprise, provincial advanced production safety unit, Shandong excellent enterprise and Shandong intelligent manufacturing pilot demonstration enterprise, Shandong manufacturing high-end brand cultivation enterprise, Jinan real economy leading enterprise and other honorary titles. In 2021, it ranked 400 among the top 500 Chinese enterprises; 201 among the top 500 private enterprises in China; 192 among the top 500 manufacturing enterprises in China; 110 among the top 500 private manufacturing enterprises in China; 37 among the top 100 enterprises in Shandong; 19 among the top 100 private enterprises in Shandong; and 31 among the top 100 industrial enterprises in Shandong.

2022-02-24

The launching ceremony of "Shandong Provincial National Intellectual Property Protection Center Rapid Rights Protection Station" was successfully held in Zhongcheng Qingtai Jinan Institute

On February 23, 2022, the launching ceremony of the "Shandong Provincial National Intellectual Property Protection Center Rapid Rights Protection Station" was successfully held in Zhongcheng Qingtai Jinan Institute. Yin Qiangmin, deputy director of Shandong National Intellectual Property Protection Center, Li Huabin, member of the Rapid Rights Protection Department, Mou Renan, member of the Pre-trial Department, and Guo Jing, member of the Rapid Rights Protection Department, attended the ceremony and unveiled the rights protection station. Han Honggang, director of Zhongcheng Qingtai Law Firm, Geng Guoyu, party secretary and director of Jinan Institute, Mou Xun, partner Tian Feng, lawyers Miao Ze Zhuang, Ma Xugan and Mao Xiang attended the ceremony. After the ceremony, the two sides held a discussion on the work content and objectives of the "rapid rights protection station of Shandong national intellectual property protection center. The two sides discussed in depth the innovative ideas and specific measures to carry out the work of the rights protection station, and further exchanged views on the declaration and protection of intellectual property rights. The two parties stated that the next step will be to strengthen close cooperation, advocate resource sharing, strengthen exchanges and training between personnel and business, implement the "strict protection" standard, build a "big protection" pattern, pursue the effect of "fast protection", and adhere to the "same protection" "The principle provides strong intellectual property protection for accelerating the innovation-driven development strategy and optimizing the business environment. Zhongcheng Qingtai Law Firm has a large number of high-level expert teams in the field of intellectual property legal services such as patents, trademarks, copyrights, etc., providing satisfactory protection solutions and performance for the intellectual creativity and technological innovation of a wide range of client groups. Prior to this, many lawyers from Zhongcheng Qingtai have been selected into the talent expert database of the provincial protection center. Taking this first batch of rapid rights protection stations as an opportunity, Zhongcheng Qingtai lawyers will continue to use their own professional and dedicated services to help relevant filing entities achieve all-round protection of technical barriers and brand advantages, and help achieve a new level of rapid rights protection of intellectual property rights.

2022-02-23

Mr. Li Heng was appointed as an arbitrator of Shenzhen International Arbitration Court.

According to the "the People's Republic of China Arbitration Law" and the "Shenzhen Court of International Arbitration Regulations", the Shenzhen Court of International Arbitration (also known as "South China International Economic and Trade Arbitration Commission", "Guangdong-Hong Kong-Macao Greater Bay Area International Arbitration Center", "Shenzhen Arbitration Commission", English abbreviation SCIA) Deliberated at the 18th meeting of the second council, the new "Shenzhen Court of International Arbitration List of Arbitrators" will be opened on February 21, 2022. The new arbitrator of Shenzhen International Arbitration Court has 1549 arbitrators from 114 countries and regions around the world. Li Heng, deputy director and senior partner of Zhongcheng Qingtai (Jinan) law firm and President of Zhongcheng Qingtai Law Research Institute, has been employed as the new arbitrator of Shenzhen International Arbitration Court. Founded in 1983, Shenzhen International Arbitration Court is the first arbitration institution in Guangdong and Hong Kong, and the first arbitration institution in China to implement a legal and international corporate governance mechanism. The Shenzhen Court of International Arbitration adheres to the principle of "independence, impartiality and innovation", is based on the Guangdong-Hong Kong-Macao Greater Bay Area, faces the "Belt and Road", and enjoys extensive credibility in the national and international arbitration circles. As the first arbitration institution in China to hire overseas arbitrators, SZC continues to increase the internationalization of its arbitrator structure. The roster of arbitrators covers 77 countries and regions, basically achieving full coverage of countries along the "Belt and Road". There are 385 overseas arbitrators, accounting for more than 41%, and the proportion of internationalization is leading the country. The appointment of lawyer Li Heng as an arbitrator of Shenzhen International Arbitration Court fully reflects Shen Guozhong's high recognition of lawyer Li Heng's professional quality, ability, professional ethics, moral quality and work attitude, and fully demonstrates the professional level, professional ethics and industry influence of lawyer Li Heng in the fields of construction, infrastructure construction, project financing, bidding law, PPP and other dispute resolution.

2022-02-22

Tianqiao District People's Procuratorate Launching Party Building Exchange Activities at Zhongcheng Qingtai Jinan Institute

On February 18, 2022, Li Changkui, deputy chief procurator of Jinan tianqiao district People's Procuratorate, and his party went to Zhongcheng Qingtai Jinan Institute to carry out party building exchange activities. Han Honggang, director of Zhongcheng Qingtai Institute, Wu Xuhui, Shi Guangbo and Tian Wenhua, deputy directors of Jinan Institute, and Liu Xiuqin, party building commissioner, warmly received them. Director Shi Guangbo accompanied the Tianqiao District People's Procuratorate and his party to visit the office environment of Zhongcheng Qingtai Jinan Institute and introduced the law firm's functional areas, performance honors, business scope, etc. At the symposium, Director Shi Guangbo gave a detailed introduction to Zhongcheng Qingtai's party organization structure, organizational construction mechanism, rules and regulations mechanism, work integration mechanism, learning and education mechanism, etc., focusing on Zhongcheng Qingtai's innovative ideas in party building work And innovative practices, the two sides conducted in-depth discussions on the party building business integration mechanism and talent training issues, which were unanimously recognized by the leaders of the Tianqiao District Procuratorate. The two sides said that the next step is to strengthen business exchanges, learn from excellent experience, strengthen team building, enhance the professional ability of the legal professional community, and better serve the overall situation of economic and social development.

2022-02-18

Lawyer Luo Xianghu was invited to carry out legal training for Shandong Academy of Environmental Sciences Environmental Testing Co., Ltd.

On the morning of February 18, 2022, lawyer Luo Xianghu of Zhongcheng Qingtai (Jinan) Law Firm was invited to provide legal training for Shandong Academy of Environmental Sciences Environmental Testing Co., Ltd. General Manager Cao Dayong and cadres and employees participated in the training. First of all, lawyer Luo Xianghu introduced the relevant provisions and practical experience of the contract code of the Civil Code. In view of the characteristics of the testing company of the Academy of Environmental Sciences, which is mainly engaged in environmental professional services, the main body of the contract, the scope of the contract service agreement, the payment of service fees, the liability for breach of contract, the jurisdiction of disputes and other aspects were combed, and the relevant issues were discussed interactively with the participants. Subsequently, lawyer Luo Xianghu systematically introduced the newly revised "Solid Waste Law" in 2020 from four aspects: the revision background, main revision contents, new requirements for enterprises put forward by the revision of the "Solid Waste Law" and key points of solid waste and hazardous waste management, and discussed and exchanged relevant legal issues and analyzed possible enterprise risks, in view of the potential risks, the countermeasures and professional suggestions were put forward, which were highly affirmed by the participants. Shandong Academy of Environmental Sciences Environmental Testing Co., Ltd. is a wholly-owned subsidiary of Shandong Environmental Protection Science Research and Design Institute Co., Ltd., and is a state-owned enterprise with 13 qualifications in the whole field of ecological environment testing. Mainly engaged in environmental testing services; Identification of solid waste and hazardous waste; Inspection of environmental protection products and performance testing of environmental protection equipment and facilities; Environmental damage identification and assessment; Site investigation and risk assessment, restoration effect assessment, identification of responsible persons for soil pollution; Radiation environmental assessment, testing and acceptance; Radiological health technical services; Testing technology training; Environmental testing big data platform construction and comprehensive analysis services. The company is established by Shandong Environmental Protection Science Research and Design Institute Co., Ltd. Testing Center, Judicial Appraisal Center, and Shandong Boer Radiation Environmental Technology Co., Ltd., with 3 management departments and 7 business departments. The company has a high-quality talent team, with more than 120 employees, including 55 graduate students and above, 23 senior engineers and above titles, 1 special consultant of the Standing Committee of Shandong people's Congress, 3 national environmental damage identification experts, 1 expert from the national Torch Program expert database, 2 national inspection and testing institutions qualification accreditation assessors, and more than 10 people holding various professional qualification certificates, there are more than 30 national, provincial, and municipal industry experts. It is a technical team with professional skills, strong business capabilities and high service efficiency.

2022-02-18