In late October, a number of domestic online forums circulated a document about the Gansu Provincial Bureau of Industry and Commerce was blatantly snatched, public officials were beaten post, and with the post attached to the video and screenshots and other related information. According to the information provided in the post, the incident of snatching official documents took place in the office building of Gansu Provincial Administration for Industry and Commerce, and the organization that carried out the above acts was a Wenzhou businessman named "Zhu Guoyao", and more than 10 "collaborators", including Zhu Guoyao, included several billionaires and even four other officials. Billionaires, and even four lawyers. The world actually happened so strange, a time of discussion.
The reporter went to Lanzhou City, Lanzhou City, the Internet rumors of this "snatch the official documents" incident was investigated, found that it is true, but behind the cause of the incident, especially the local disposition is intriguing - the local businessmen due to equity disputes triggered by a chain of lawsuits
In the face of this series of vicious incidents, the local authorities were actually scared, to maintain stability thinking on all issues, including the snatching of official documents, including the shelving measures, resulting in this incident continues to deviate from the legal track, the accumulated grievances between the Wen merchants have also further aggravated, but also to the local stability of the work has brought a greater challenge.
This rare case reveals a universal problem -- stability and the rule of law, two propositions that should not collide, why become a difficult choice in front of the relevant departments?
The official documents were robbed before and after
October 23 morning, the reporter came to the Gansu Provincial Bureau of Industry and Commerce, indicating that the willingness to interview, the staff of the communication room revealed that the official documents were robbed in the Bureau of policies and regulations, was beaten is the regulation of the Director Zhang Yuguang, the entire Provincial Bureau of Industry and Commerce, no one knows. Regulations are located in Gansu Provincial Bureau of Industry and Commerce on the sixth floor, Zhang Yuguang, director of the face of the reporter's visit to speak cautiously, but do not hide the disappointment, "This incident did occur here, the document has not been returned, I did not get a statement." Zhang Yuguang director does not want to make a judgment on the nature of the matter, asked the reporter to go to the director responsible for publicity Dong Mingkun, "the official documents were robbed, people were beaten, Zhang, of course, is very angry, but his caution is also justifiable." Director Dong said.
The incident of snatching the official document occurred on the morning of September 21, according to sources familiar with the matter, at 9:00 am, in Lanzhou, Wenzhou businessman Zhu Guoyao, Chen Yudong couple and other more than 10 people came to the Gansu Provincial Bureau of Industry and Commerce on the sixth floor. Chen Yudong and another woman first entered the regulations office asked to see the document number "Gan industrial and commercial reconsideration of the word 2012 No. 002" of the original administrative reconsideration decision. They were received by Zhang Yuguang, because Chen Yudong and others could not get a valid identification, Zhang Yuguang out of caution, refused to copy, photographed. "Zhu Guoyao violently pushed the door to enter, and Zhang, the director, quickly stowed the documents in a drawer, after which Zhu Guoyao pretended to exit."
The source revealed that Zhu Guoyao, who retreated to the corridor, thereafter came to the elevator hall and repeatedly conferred with his companion who was waiting there, and at about 10:57 a.m., Chen Yudong again persuaded Zhang Yuguang to take out this administrative review, and at the very moment when Zhang Yuguang reintroduced the document, Zhu Guoyao once again pushed the door to enter the room and snatched the document from Zhang Yuguang's hands.
Cameras at the elevator entrance on the sixth floor recorded Zhu Guoyao and others planning in advance as well as the scene after he snatched the document, which he ran to the elevator entrance and handed over to his waiting companion, who fled from the fire elevator.
After the brief was snatched, Zhang Yuguang shouted and chased after him. 10:58 pm, he appeared in the camera recording video, and could clearly see that he looked anxious, while civil servants from other offices also rushed to reinforce him. A jaw-dropping scene ensued, with Zhang Yuguang being pressed to the ground. Sources close to the incident revealed that the other party punched him in the face and kicked him hard, then cursed at Zhang Yuguang. After the beating, Zhang Yuguang still with colleagues down the fire escape in hot pursuit, and finally the mastermind Zhu Guoyao captured.
Director Dong Mingkun said it was the first time since the establishment of the Provincial Bureau of Industry and Commerce had encountered such a thing, and that everyone, from the bureau's leaders to ordinary staff, was outraged. "Snatching official documents, this is a blatant crime! This is the first time I've heard of it. Some bosses nowadays, when they have money, they think they can do whatever they want, you can see how bold they are from these actions of theirs!"
For the network circulated that video, Dong Mingkun frankly affirmed that certainly from the provincial Trade and Industry Bureau insider, as for how to circulate out, he said he was not clear. Dong Mingkun explained, because it is the first time to encounter such an unexpected situation, it is too late to react, so that Zhu Guoyao's accomplices snatched the official documents along the fire escape from the sixth floor has been running to the first floor hall, and successfully fled the Bureau of Industry and Commerce.
Sources close to the matter revealed that Zhu Guoyao's attitude was brutal after he was caught, and Zhang Yuguang negotiated with him for two hours, asking him to return the official documents by 3 p.m., which could be considered as a moment of impulse not to be held responsible. "Director Zhang said to Zhu Guoyao, I was just beaten by you, but the official documents must be returned to me, otherwise I did not look after the official documents is dereliction of duty, sorry for the Trade and Industry Bureau." Zhu Guoyao promised with all his heart and was later let go, but he did not fulfill his promise, after which Zhang Yuguang called him again to press for the official document, still without success. "We still want to be good with entrepreneurs, so show tolerance, but in such a situation, we only have to call the police." Dong Mingkun explained.
The security department of the Gansu Provincial Bureau of Industry and Commerce called the police at about 5 p.m. on Sept. 21st. According to the first paragraph of Article 280 of the Criminal Law, the crime of snatching state documents is punishable by fixed-term imprisonment of less than three years, detention, control or deprivation of political rights; if the circumstances are serious, it is punishable by fixed-term imprisonment of more than three years and less than 10 years. But after a month, the police also did not take action against Zhu Guoyao, and thus Zhang Yuguang, director of the department could not hide his complaints, but Dong Mingkun said in response, the leadership of the Provincial Bureau of Industry and Commerce is also righteous indignation, and will certainly pursue Zhu Guoyao's responsibility. "This matter has entered the judicial process, as for the robbed documents, return or not return already does not matter, the nature is there!"
The official documents were robbed, the director was beaten, happened such a thing to the Gansu Provincial Bureau of Industry and Commerce is indeed some shame, some people said in an interview, the damage is not only the dignity of the Bureau of Industry and Commerce, "this face, not one of us."
After the incident, the Gansu Provincial Bureau of Industry and Commerce strengthened security management, the reporter interviewed a file room staff to Dong Mingkun to teach anti-robbery recipe.
"In the future, who want to view the archives, documents, lock the door first, the documents returned and then let him go!" Dong Mingkun look serious, "Zhang director of the lesson to be learned."
Zhu Guoyao organization planning to seize the official documents of state organs, according to Dong Mingkun's understanding of the background behind a complex enterprise internal equity disputes.
Some employees of the provincial industrial and commercial bureau complained, "In fact, it is the Lanzhou Municipal Bureau of Industry and Commerce in trouble."
But Dong Mingkun believes that none of this can be a reason to grab official documents from state agencies.
Administrative inaction
The grabbing of official documents that caused a stir in Lanzhou's business community actually stemmed from "internal conflicts among local Wenzhou merchants," and was a battle between two real estate developers, Zhu Guoyao from Yongjia, Wenzhou, and Lin Xiantong from Yueqing, Wenzhou.
It is understood that, as the executive chairman of Gansu Wenzhou Chamber of Commerce Lin Xiantong 1991 to Lanzhou engaged in wholesale clothing business, and then set up the Gansu Ruixin real estate company, the development of so far has been invested in the construction of real estate projects in Lanzhou more than 6 billion yuan scale. The 48-year-old Zhu Guoyao first sold cotton in Xinjiang, earned the first bucket of gold more than 10 million yuan, in 2002, he used the more than 10 million yuan and pooled capital of 5 million yuan to buy the former Shanghai Jinda Cotton Spinning Factory, and then restructured into the Shanghai Guoyao Textile Company Limited, which also set foot in the real estate industry. 2005, Zhu Guoyao and his brother-in-law, Chen Liangtong, Ye Chengyue, and others initiated the establishment of the Gansu Yongrui Real Estate Development Co. Ltd. to develop Lanzhou Creative International Trade City. Zhu Guoyao acted as the legal representative and Ye Chengyue acted as the general manager.
But according to Lin Xiantong, because of the lack of funds, shareholder infighting and other problems, the creative international trade city project has not been able to move forward smoothly. "The key problem is that Zhu Guoyao has been taking a path of development by social capital raising, he has two real estate projects in Zibo, Shandong Province, one of the investment of nearly 300 million, all relying on the Yongjia hometown usury social capital raising." Lin Xiantong introduction, Zhu Guoyao ten years has been used to tear down the east wall to make up for the west wall in its multiple projects around, but none of them have not produced benefits. Such a situation, in October 2011, forced by financial pressure, Zhu Guoyao and Chen Liangtong through Ye Chengyue found Lin Xiantong, proposed to transfer the two holdings of Yongrui real estate 43% of the shares to Lin Xiantong.
Because Lin Xiantong is not a shareholder of Yongrui, and the transfer of equity in accordance with the provisions of the shareholders must be carried out between the shareholders, Ye Chengyue as Lin Xiantong's representative to acquire the equity. 12 October 2011, Zhu Guoyao and Ye Chengyue signed the "Equity Transfer Agreement", Zhu Guoyao will have all of the equity transfer to Ye Chengyue. 3 days later, Yongrui real estate development company held a shareholders' general meeting, 5 shareholders unanimously approved Zhu Guoyao's transfer of equity to Ye Chengyue, and the transfer of equity to Ye Chengyue. The shareholders unanimously agreed that Zhu Guoyao, Chen Liangtong will be in the hands of all the shares transferred to Ye Chengyue and change the legal representative for Ye Chengyue, and the formation of shareholders' meeting resolution.
October 21, Zhu Guoyao, Chen Liangtong, Ye Chengyue and others will change the material submitted to the Lanzhou City Industrial and Commercial Bureau of the Professional Market Management Branch for equity, legal representative of the change of registration for the record. "However, I later found out one after another that Zhu Guoyao, before dealing with me, had already used his own equity holdings to finance the community many times, a woman with multiple marriages, involving several hundred million dollars." Lin Xiantong revealed, "He even cheated a certain triad leader in Lanzhou. Those who were cheated by Zhu Guoyao have forced him to back out of the deal with us, so that Zhu Guoyao's wife threatened to jump off the building and not allow the City Administration of Industry and Commerce to change."
The dispute arose and went to court. Zhu Guoyao to the court stated that he was out of financing needs by Ye Chengyue cheated, is actually a guarantee contract, rather than equity transfer contract. The reporter noted that on April 24, 2012, Lanzhou City, Chengguan District People's Court ruled that the two sides signed the "equity transfer agreement" is legal and effective. August 24, Lanzhou City Intermediate People's Court retrial, but also on the basis of factual inaccuracies to revoke the decision, remanded for retrial.
The dispute is still inconclusive, the equity change is therefore shelved. However, Lin Xiantong insisted that the equity dispute has nothing to do with the change of legal representative, because it is completely two legal categories. To this end, Yongrui company in June 8, 2012 and June 13, two to Lanzhou City Bureau of Industry and Commerce to apply for the company's legal representative for the change of Ye Chengyue formalities. However, Lanzhou Municipal Bureau of Industry and Commerce delayed in registering the change. In this regard, Yongrui to the Gansu Provincial Bureau of Industry and Commerce administrative reconsideration application.
September 18, 2012, the Gansu Provincial Administration for Industry and Commerce made an administrative reconsideration, revoke the previous Lanzhou City Bureau of Industry and Commerce of the Yongrui company's specific administrative action, required to change the registration of the legal representative of the legal representative of the application for an administrative decision in accordance with the law within 7 days. This is later snatched by Zhu Guoyao "Gan industrial and commercial review word 2012 No. 002" official document.
Looking at the administrative review letter, in fact, did not agree to change the position, the Provincial Administration for Industry and Commerce only asked the Municipal Administration for Industry and Commerce, "administration should be in accordance with the law as".
What is expected, the provincial industrial and commercial bureau but angry Zhu Guoyao, in the snatched the official documents, beating public officials, Zhu Guoyao will be the provincial industrial and commercial bureau sued the court.
"Could it be wrong for a higher-level department to ask a lower-level department to act as an administrator according to the law?" The head of a department of the provincial industrial and commercial bureau wondered.
Maintaining stability and the rule of law?
Let the Gansu Provincial Administration for Industry and Commerce is more surprised that there are actually four lawyers involved in this incident of snatching documents, and snatch the documents after the third day, that is, September 24, Zhu Guoyao also organized dozens of people besieged the Provincial Administration for Industry and Commerce, asked to revoke the administrative reconsideration of this letter, according to informed sources, Zhu Guoyao also delivered a threatening letter to the Department of Industry and Commerce, said that if not according to his intention to deal with, will be Organize more than a thousand people to make trouble. The Jiuquan police station in Lanzhou City confirmed that it had received a report from the provincial industrial and commercial bureau, but more details should be obtained from the Chengguan District Public Security Bureau.
Lanzhou City, Chengguan Public Security Bureau, the person in charge of publicity and education Feng on-site, to the case officer to understand the case, said the situation is complex, Zhu Guoyao had also been brewing to organize a demonstration of people, by the public security departments in a timely manner to stop. For the need to maintain stability, "snatch official documents" incident temporarily shelved, so as not to provoke a bigger incident, "in the absence of a clear investigation, can not be characterized, may be robbed, may be smoking, may also be taken". In accordance with the Jiuquan police station's understanding, was not robbed of official documents, is "information", Feng, the person in charge of the "even if it is not official documents, he (Zhu Guoyao) did not do so." But the reporter noted that the provincial industrial and commercial bureau of the interviewed personnel and Lanzhou local lawyers insisted that the documents were snatched is an official document.
The reporter dialed Zhu Guoyao's phone number, and the other insisted that he had been cheated, and that the reason for the extreme measures taken against the provincial industrial and commercial bureau was because of a sense of injustice. According to sources familiar with the matter, because of this internal dispute within the warm merchants intensified and even affected the two sides in the local investment, Zhu Guoyao actually control the site of the Creative International Trade City, is said to have Lin Xiantong side of the people beat out of the site. Disputes between the two sides also accused each other of illegal fund-raising, fraud involving hundreds of millions of dollars and reported to the police, Ye Chengyue is to report that Zhu Guoyao had hired a murderer. In order to resolve the conflict, Lanzhou Municipal Political and Legal Committee, the Office of Stability and other departments have repeatedly organized coordination.
During the interview, many departments in Lanzhou City told reporters they wanted to understand the pressure to maintain stability, but the means of stability does not seem to be helping the incident.
Lin Xiantong is greatly dissatisfied with the local government's mindset that stability preservation trumps all else. "Zhu Guoyao is thus emboldened and continues to use his legal representative status to solicit business, with unimaginable consequences once he runs away." To this end, the lawyer delivered a lawyer's letter to the Lanzhou Municipal Bureau of Industry and Commerce, requesting that the bureau, in view of Zhu Guoyao's huge debts and other circumstances, should adopt a completely restrictive warning system to restrict him from acting as a legal representative, or else the company as well as the shareholders caused by the loss of more than six hundred million yuan involved will be the responsibility of the bureau.
And an official of the provincial industrial and commercial bureau questioned, "There has to be a statement on the seizure of official documents, otherwise where is the dignity of the government and the prestige of the law?"
"Is it so difficult to provide a fair platform to resolve business disputes by the rule of law?" Lin Xiantong asked rhetorically. "Can't I also use the pressure of government departments to maintain stability to gain balance in this contest?" (