Text / leaf sandalwoodFinancial woman | poison tongue good heart
Gu Chujun’s incident will be recorded in the Chinese economy and legal history.
After being released from prison, Gu Chujun got an answer for nearly nine years. Countless eyes of axious, got a cool. God's return to God, Caesar's return to Caesar, the economic game rules were partially clarified through this case.
On April 10, the Supreme People's Court falsely reported the registered capital to the founder of the former Greencool Group and the former Chairman of the Board of Directors of Kelon Electric, Gu Chujun, etc., illegally disclosed, did not disclose important information, and misappropriated funds for retrial, and publicly pronounced the case. Two counts were revoked, and Gu Chujun was sentenced to five years in prison for misappropriation of funds. Zhang Liu was sentenced to two years in prison for two years of probation. Six people including Jiang Baojun were acquitted.
The significance of the Gu Chujun case cannot be overstated.
There are several judicial cases in the United States that change history. I hope that the case of Gu Chujun is also.
In 2000, the US presidential election was dystocia, and the political future of Republican candidate Bush and democratic candidate Gore was tied to hundreds of votes in Florida. The two sides were not allowed to open the court, and the lawsuit reached the Federal Supreme Court. The latter made a final decision to make a judgment against Gore by 5 to 4 votes. Gore gracefully acknowledged the failure and resolved the 36-day presidential dystocia. The crisis, the dignity of the constitution is thus maintained.
The dignity of our country’s law is also maintained through a judicial case. Correcting and correcting mistakes is the cornerstone of legal dignity.
In the Gu Chujun case, there are two points worthy of attention.
First, information transparency
The trial of the First Circuit of the Supreme Court of 2018 was a live webcast of the Chinese court trial. At 4 pm on April 11, the total number of hits was 4.173 million.
On June 13, 2018 (Wednesday) at 8:30 am and June 14 (Thursday) at 8:30 am, the Supreme Court's First Circuit Court (Shenzhen) re-examined the Gu Chujun case, two days and more than 20 hours, live broadcast The process can be used as a textbook for law in the economic field.
On the day of the verdict, on April 10, the criminal judgment of the Gu Chujun case was announced at the first time. The Supreme People's Court of the People's Republic of China (JD18) was sentenced to the highest penalty.
Usually, the judgment can be found on the public online of Chinese referee documents (system upgrade from April 9 to April 14, 2019, suspension of service), plus China's implementation of information disclosure network, judicial asset auction and other information, can form a complete case Information network.
The transparent information is the disinfectant, and the live broadcast is the beginning of transparency. The British Parliament is full of days and everyone can see that it is not a waste of time.
Second, return to the law, return to the historical empathy of entrepreneurs
Gu Chujun’s decision did not have a one-size-fits-all decision to return the law to the law.
An Jian, the head of the Central Political and Legal Committee, has an article that is very straightforward. Because it is difficult to see such a concise and important text, I will cite a few core ideas, and everyone can make a clear assessment.
From this ultimate answer, it is not difficult to see the two meanings:First, the sentence that was a full decade ago was wrong. Second, Gu Chujun is indeed guilty.
The two layers of meaning are not for everyone to take what they want, seeing that they are not in the second place, even if the wonderful pens are full of flowers, it is hard to say correct.
Because the two meanings are unified on the scale of law, the only core is to seek fairness and justice.
Fairness and justice do not allow for wrong cases. If you are wrong, you cannot continue to make mistakes. Looking at the case of Gu Chujun, the fact that the registered capital is falsely reported exists, and the fact that the inflated profit is included in the financial report for disclosure also exists, but why does it not constitute a crime? Because under these two crimes, the criminal law constitutes a crime with serious consequences. If Gu Chujun’s actions did not cause such consequences, he could not be considered a crime. The original judgment was wrong and should be corrected.
In addition to the restoration of the law, Gu Chujun’s incidents were restored to the historical context of the time, so as to avoid the most profitable Jianfeng accidentally injuring entrepreneurs.
The rule of law is development, and law and history are contextual. Examining the beliefs of the Qing people in the current scientific context shows that we lack empathy and instead show the ridiculousness of contemporary people.
It is unfair to entrepreneurs to look at the market in the 1990s with harsh terms. we needVenture innovationNeed more value creators, at the beginning of reform and opening up, when the first generation of enterprises was born, there was speculation and sin. Do we still want to pursue entrepreneurs with the laws of the time? Who dares to start a business?
Humans need the most basic empathy.
Changan Jian’s commentary is that it has a self-contained approach to historical issues. For a long time, especially in the early stage of reform and opening up, various enterprises, especially private enterprises, often have some “gray” operations and even illegal activities in the process of growth. Once the company is involved in the case, it is easy to calculate the old account together with the old account.
Retrial judgments, strictly abide by the law is not retroactive, the law of crimes, the old and the light between the old and new law, to develop the vision of the guests and properly handle the problem of Gu Chujun false registration of registered capital. The social effects generated by the judgment are enormous, which is more conducive to stabilizing social expectations and enhancing the sense of security of entrepreneurs.
In the case of Gu Chujun, the context of the law and the empathy of history are embodied in the applicable law.
A review article by CCTV said that the revised Company Law in 2005 increased the upper limit of the intangible assets in registered capital from 20% to 70%, which greatly reduced the illegality and social harm of Gu Chujun’s false reporting of capital behavior. Sex. The law is not static. The revision of the law indicates that the social cognition of related behaviors is changing. Citizens should fully enjoy the dividend of the development of the rule of law. This case applies the principle of “from old to light” and reduces the original “rule of illegality”.
Gu Chujun’s false reporting of capital behavior was related to the local government’s support for Shunde Greencool’s illegal establishment. This is also an objective clarification of the original qualitative from the historical situation, a fair and kind evaluation of the violations of private enterprises: private enterprises in the tacit consent of the government to engage in gray operations, after accountability, the board can not all play in private enterprises Body.
Private entrepreneurs paid a heavy price. At that time, the acquiescence of the people, where is the price? Pulling the frame is inherently unfair.
Some facts were clearly identified and the original judgment was upheld.
I went back to last year's live broadcast, and a road map of 290 million yuan was clear. Within three days from June 17 to June 20, 2003, 900 million yuan was transferred from Kelon Electric and Jiangxi Kelong to Yangzhou Greencool's capital verification account. Within 30 days, open a number of off-site temporary accounts involving four banks, six companies, 11 accounts, and 40 funds transfer funds. There is no business relationship between these companies, no real business background, no approval from the board of directors, no resolution announcement, and no credits after the transfer.
In the case of Gu Chujun, I should not incite emotions at the beginning. What should I do? It should be the same now. Open and transparent information, an independent legal system, and a rational mind are the protection of entrepreneurs.
The Supreme Court is the vane, and has already set an example. The local courts and the judiciary also need to keep up with the pace. The corrections are quickly corrected, protecting the legitimate interests of entrepreneurs, caring for a difficult business environment, and not allowing the tragedy to repeat itself.
On April 4th, another dispute over the exploration rights involving a total amount of 12.9 billion yuan was caused by extensive discussions.
According to Netease Financial Report, after the first-instance judgment was issued, the defendant Lin Xuerong and the defendant unit Lianzhong Tongbo and Yihua Mining appealed to the Central People's Court of Langfang City, Hebei Province. Yihua Mining believes that the facts of the first instance are unclear, and the facts and evidence of conviction and sentencing are wrong. Yihua Mining’s appeal request was to revoke the first-instance criminal judgment and change Yihua Mining’s innocence.
Deng Zibin, a researcher and doctoral tutor at the Institute of Law of the Chinese Academy of Social Sciences, said in the argument that according to the first-instance judgment of the Dacheng County Court of Hebei Province and other existing materials, it is not clear that the fact that Yihua Company constitutes a bribery of the unit is not clear enough. There are obvious procedures on the issue of additional defendants.
The final result is still unclear. The only certainty is that the matter is very controversial and has led to a special discussion by multi-method experts and involves entrepreneurial confidence.
The entrepreneurial group is the most special one, and entrepreneurial confidence is more valuable than gold. Entrepreneurs regain their confidence, naturally expand production, purchase machinery and equipment, the Jugla cycle will accelerate the rise, and the macro economy will take off again.
The Gu Chujun case was hammered, and the entrepreneurs got a relatively clear boundary from the case. It is blunt to say that in the current environment, this is a milestone.
I believe that the cost of economic operations will therefore fall. Everyone understands the rules of the game and obeys the rules of the game. This must be the best choice in economics. Legal fairness is the premise for maintaining this system and the source of all development.