The Ceng Chengjie of the failure that chase billow (graph: Zhang Xi "Triplex life weekly" )
Guide language
12 days morning, west Hunan " collect money bilk case " prime culprit Ceng Chengjie is executed. Morrow, of Ceng Chengjie female expose to the sun give Changsha quadrangle to be in hold the family member did not inform before punishment. And later the impertinent response of Changsha quadrangle small gain is to let public in an uproar more. Also ever was in public opinion center again accordingly into outstanding case.
Time view this proposal: Besides disobey the capital punishment with human theory of law to execute an order, ever became actually outstanding of oneself spec and local government " eye seeing fund leaves " also be worth deliberate.
One, " adventurer " Ceng Chengjie history of rise to power and position: Go very nearly with governmental project
1, Ceng Chengjie does poineering work initiative not successful, had dropped for many times fall, had crouched a miscarriage of justice even
Of Ceng Chengjie at the beginning of doing poineering work, can saying is very rough. 1985, grasping county and yellow smooth county are applied in Guizhou, in him housekeep establishs a construction team to be less than two months, with respect to the embezzlement that be informed against. After be being accepted to examine 3 months, case just the means put to an end with await trial of be bailed out. Ceng Chengjie's ambitious first time does poineering work, do not have gain money not only, sat instead prison of 3 months bad luck.
Ceng Chengjie leaves Guizhou later, go going to auspicious head. But by 1993, he is informed against again, not be corruption this, it is bribery. Of auspicious head respect handle a case means, it is to accept likewise examine. Though law case is last, is to avoid as a result grant to sue, but Ceng Chengjie still was locked up full half an year.
Arrived 1999, he fell a bigger fall, because he harms a blame to obtain punishment 4 years intentionally, obtained parole 2001. Dramatic is, arrived December 2006 the court decision of this law case by cancel of Hunan Province tall courtyard, send court of people of auspicious head city to weigh careful. The heavy careful October 2007 adjudicates result polarity, ceng Chengjie is innocent. Confirm finally, he hurts frame a case against the person's chief instigator is before with him the business has the Zhu Jianhua that celebrate a festival.
2, those who let Ceng Chengjie rise to power and position, it is to participate in a series of government projects
norton internet antivirusIn auspicious head, the first project of Ceng Chengjie is mixed namely governmental contact with. 1987 first half of the year, he is the Education Foundation of a commando of armed ministry of auspicious head people to build a building. The project is finished as scheduled, cost low, quality is high, armed department leader is very satisfactory. But, as a result of the real difficulty of armed ministry, can not give him project money as scheduled. To behavior of break a contact, ceng Chengjie is good-tempered magnanimous, without any complaint. Finally, the settlement of capital movement problem is from him loan of Shao Yang native place comes over.
Had the good public praise of the first project, later his project is a lot of greater. It is later in ten years of auspicious head, contracted to include detachment of state fire control inside 30 many units the project of many 60 building, during Ceng Chengjie all the time " the place of urgent government is urgent " . In the collaboration with Ji Shouzheng government office, ceng Chengjie is a government actively for many times " solution is difficult " , below the support that in city, city two class government and each branch lead, he is returned " kindly accept " dispute is heavy " sodden poop deck " ——— former Ji Shouming bead multi-purpose building project is transformed.
Ceng Chengjie abandons the building of Cheng Jie science and technology of the school of hope of peace and tranquility that build.
In addition, ceng Chenwatch cathe most popular selling norton internet antivirussesgjie returns very zealous charity, invested 600 thousand yuan to be Wan Xiaoxiu of center of country of peace and tranquility of auspicious head city to build building of science and technology, additional still investment builds the accessary project such as Cao Ping, enclosure 100 thousand yuan.
Ceng Chengjie supports commonweal cause actively, the graph is the basketball contest that he sponsors.
Ever had donated patron wagon of new-style storage battery for police station of red flag door, for abbacy alarm the office room that ministry of Wu room, security personnel, community, industrial and commercial place provides 200 much square metre freely; He still supports activity of sports of local people culture to the utmost, sponsor basket ball game.
Through a variety of elaboration, ceng Chengjie not only career gradually improvement, on December 25, 2005, in hall of Beijing people congress, he still is obtained promulgated " Chinese enterprise reforms 10 big worthy " award.
Ceng Chengjie obtains " enterprise of the 2nd China reforms 10 big worthy " medal.
2, in this case, ceng Chengjie still is " adventurer " , rise and fall and local government are concerned
1, be in when below the encouragement that holds the post of government of West Hunan state, the civilian financing situation of auspicious head city even more irremediable
As a result of all sorts of history reasons, bank of West Hunan place is restricted strictly to loan. For this, local government ever encouraged civilian financing for a time. Working report of governmei want modern dining chairsnt of West Hunan state is medium 2000, put forward clearly " the enthusiasm that arouses civilian investment and enterprise to do poineering work " for in those days the first measure of structural adjustment of entire state economy. Later in old governmental working report, encouraging folk to invest is one of working guiding principle.
Accordingly, collected money to become more than 10 years to come western Bian Chengxiang wins a mass campaign that enlists the most extensively on the west, a lot of person amid are placing the fond dream that get rich and improves the life. And the data after occupying Hunan Province Public Security Department, 2008 peak period, west Hunan " collect money illegally " principal amount is as high as 16.8 billion yuan, participate in the person that collect money to amount to about a hundred enterprise, involve 340 thousand person-time, add up to 62 thousand, and auspicious of seat of government of West Hunan state head city total population only 20 beyond. That is to say, rarely the family is not affected.
2, below absolutely setting, ceng Chengjie is hanging governmental banner " 3 houses project " mount a horse
Ceng Chengjie collects money illegally result of case predestined relationship 2003, be in afore-mentioned big setting to fall just about. In those days in June, decision of autonomous prefecture of Hunan West Hunan is right city gymnasium, group the project such as art hharrison hot spring public poolouse, library (abbreviation " 3 houses project " ) execute integral development, bid means chooses to develop business in order to enrol. Ceng Chengjie hangs the building of land of auspicious head city that relies on to have development aptitude to develop a company integratedly to share contest prize, rely on at the same time " 3 houses project " , face social community to collect money.
To strike calm project, besides collect money to the society, the little brother Du Chongwang that smoke of bey Du Chong holds the post of when he still is found seeks a help, and promise interest redound. In the process that strives for this project, with the Fan Jixiang that Ceng Chengjie cooperates, also be some when the wife that holds the post of a deputy mayor. Fall in so excellent relation just about, ceng Chengjie takes an item smoothly, auspicious head government still is in even " 3 houses project " collect money the ground created directive office.
Smoke of bey Du Chong and auspicious hold the post of when West Hunan autonomous prefecture head Xu Keqin of secretary of municipal Party committee inspects in 3 houses building site.
The banner that had governmental project is made assure, collect money to become easier apparently. To enlarge financing dimensions, in June 2005, 3 houses will collect money monthly interest goes up to 5% , the persofree modern dining chairsn that after this follows suit is chased after tall, from 6% after coming 10% . So high interest is meant, if average citizen invests 50 thousand yuan, every month can take 2500 yuan to come 5000 yuan of accrual. And corresponding at the enterprise, criterion rate of annual interest profit must exceed 200% ability enough pay accrual and countervail repayment of capital gold. Ceng Chengjie runs to carry capital chain, adopt with collect money door sign the form such as book of contract of agreement of subscribe agreement, affirmatory book, investment, investment, direct to collect money door open receipt for a loan, receipt, card of diamond of put on sale, Jin Ka, silver-colored card, general card collect money the form collects money to not specific society community.
So far, this case and the Wu Ying proposal before are even more similar. And the point with as famous as the west Pang similar hoax also is shown. Alleged Pang fraud, the money that relies on investor or succeed investor namely will return money, is not to rely on actual profit to come to those who return money to run. It relies on redound of others place incapable to attract new investor normally, and these redound are short-term reimbursement normally, often tall abnormal. Accordingly, this kind of cash that lays the redound that is born not to cease to need constant growth flows to maintain. However because do not have actual profit from beginning to end, or profit is not sufficient, eventually of this kind of fraud can go bankrupt. Before a few years of United States are resounding temporarily drag in the hundreds of 100 million dollars, Mai Daofu case that sentenced 150 years, it is a famous Pang hoax.
3, economic form changes, policy wind direction is sharp, collapse the capital catenary that Ceng Chengjie collects money
As 2008 estate market adjusting control, the financing environment of West Hunan real estate is exasperate. And in March 2008 West Hunan leads modificatory hind, government the manner to financing is more turn 180 degrees greatly, from advocate actively, became determined keep within limits, the civilian financing that continued nearly 10 years is become " collect money illegally " .
For this, the member that 2008 chamber of commerce of industry of real-estate of city of Chu Ji head returns Ceng Shao assembly is consultative, requirement collective lowers interest answer. But the attitude that Ceng Chengjie did not show cooperation however at that time, because he is certain,want a project only finishing, can overshoot difficulty, concern lowers interest can cause capital rapid insecurity, capital catenary ruptures. This kind of uncooperative manner, the company that allows he and him becomes city banking venture quickly to be on guard working key.
But the capital catenary eventually of 3 houses company still is broken below a variety of elements, on October 2, 2008 in the evening, be in auspicious head city people government is standing assembly room, ceng Chengjie and join 22 of the meeting to collect money at that time industry employer and financial manager, about 50 more than person is caught along with all the othenorton internet antivirusrs. After January on November 11, 2008, because Ceng Chengjie is suspected of " admit public deposit guilt illegally " be detained by criminal, 3 houses company is suspected of party more than times about 20 also be being detained. Besides entrepreneur, xiang Bangli of chairman of the Chinese People's Political Consultative Conference before including West Hunan administrative division, before before Teng Mocui of all battle minister is mixed deputy sheriff Huang Xiulan inside 4 states leader, because participate in,also fall with constituent introduction in succession horse.
After that, the course changes to city hair appoint, city place is maritime classics of bureau, city appoint wait for 20 many units 36 people undertake investigating, check solid the problem violating discipline that 28 people are put in different level, be in class above cadre among them 15 people, family level is the following 13 people of cadre.
4, because judgement Ceng Chengjie collects money cheat entrap blame is well-founded, but measurement of penalty remains deliberate
Although about collecting money of crime of fraud put useless, definition and the measurement of penalty that economy commits a crime are open to question still. But in active law in, compare with Ceng Chengjie's behavior right " criminal law " the 192nd and relevant judicatory explanation, his a lot of behavior are accorded with.
In judicatory practice, appear (1) after collecting money, carry collect money of paragraph abscond; (2) will not collect money the paragraph is used by conventional utility, however do sth without authorization prodigal, abuse, cause collect money the paragraph cannot be returned those who return; (3) use collect money the paragraph undertakes illegal guilty activity, cause collect money the paragraph cannot be returned those who return; (4) promise to the person that collect money expire pay exceed bank the corresponding period highest float benefit of the high return rate of 50% above. And experience record amount is huge, can maintain commonly to collect money crime of fthe best selling watch casesraud.
And to Ceng Chengjie, besides involve amount tremendous (more than 3.5 billion) , promise accrual exceeded bank the corresponding period highest float interest rate outside 50% above. According to the cognizance of Hunan tall courtyard, still 260 million collect money capital is invested with other name by Ceng Chengjie company, project perhaps is transferred directly. In addition, the house property that Ceng Chengjie buys assets of 3 houses company or fund is registered in under one's name of wife Deng friendly cloud have 2905.77 square metre, vendibility adds up to nineteen million nine hundred and seventeen thousand yuathe best selling modern dining chairsn. And these showed Ceng Chengjie will not collect money the paragraph presses conventional utility completely to use. To this, although acting lawyer Wang Shaohua of Ceng Chengjie disagrees, but also must admit these are structures of assets of Ceng Chengjie company " not perfect " .
The photograph is clear to what at collecting money crime of fraud enters a blame, the dispute that should sentence capital punishment after all is bigger. As a result of the natural person crime or unit crime issue pass death sentence, monitoring both sides is in belong to do not belong a natural person the difference on crime is apparent. Bilateral reason is more sufficient also. Check just thinks: Collect money illegally of Ceng Chengjie behavior, cannot reflect profit of 3 houses company and volition and the aptitude that Ceng Chengjie does not have estate to develop and condition, still adopt the means such as bribery to acquire a project. And argue just thinks: This case collects money behavior is the name that waits for an unit with 3 houses company is carried out, collect money money is used at the unit to manage, construction project, two when accord with unit crime make important document. Because collect money,do not pass advanced, 3 houses company holds water after, on logic, the judge collects letter check side argument also holds water.
3, but besides Ceng Chengjie, the expression of local government also is worth doubt
1, encouraging when collecting money, local government dominant, officeholder is to participate in the main force that collect money and gains profit
Auspicious head university studies for a long time the expert Lu Man of financing of West Hunan folk, in collect money the Ceng Zhuanwen before breaking down is analysed, collect money 4 administrative levels that the group appears a clarity: It is off-duty workers and lost territory farmer, theibrass faucet aerator r financing amount occupies total financing only 20% the left and right sides, but the number is occupied however 80% the left and right sides, this group bears financing the hardest to break down the harm that brings to them; 2 it is the SOHO that does small business, collect money the forehead is spent is commonly 80 thousand to 100 thousand yuan of above; The 3 common staff members that are administrative institution, this kind of group is in commonly 50 thousand differ to 200 thousand yuan; 4 it is all sorts of gray capital and public money, be equivalent to " 28 " of effect " character 8 " this, namely capital gross is occupied 80% the left and right sides, but collect money the number has 20% only however. In these 4 groups, the 4th kind of investment also has safeguard most at most, their investment much redound is opposite also bigger. On the other hand, these people have a sign of disturbance or trouble can most withdraw first. And financing volume is least but most those who get hurt is the first group, they also often are the groups that know news finally.
September 2008, because the person that auspicious head collects money fears blood is not had originally return, jam then government of West Hunan state and railroad.
2, after coming to the light, hold the post of local government newly preferential the benefit that assured office staff
Suffer financial crisis was affected 2008, west Hunan estate and mining industry in succession autumn wind rustles. West Hunan for a time economic growth of Biao Han is at the beginning of 2008 began backwater. This becomes last straw that collapses West Hunan to collect money. Governmental official also experienced the depression before storm comes over ahead of schedule. Cadre of party card of announcement of form of document of department of governmental less than exited financing on June 26, 2008, party card cadre calls in ahead of schedule capital and accrual, caused unrest of a run on a bank instantly. After July, collect money large family people smoke in succession endowment, catenary of capital of each financing company ruptures abruptly.
3, handle Ceng Chengjie " illegal asset " when, west Hunan local government sells oneself buy oneself, copy a copy leisurely
Cases of a series of great economy crime are medium in last few years, the processing of experience case belongings is denounced more: Before the court adjudicates, relevant belongings already began to be handled forcibly, and supervise and relieve a mechanism to come to nothing basically. Ceng Chengjie case also is such, before first instance adjudicates, his belongings already by by Hunan Province politics and law appoint those who take the lead " West Hunan ' 102 ' collect money illegally series case group " all secret deals with. "This is the irregularity that covert. " university of Chinese politics and law says in professor Chen Guang, he thinks the case group that has Chinese distinguishing feature has total administrative power, but set according to law, once enter judicatory order, the executive authority has no right to interfere.
In addition, asset evaluates an orgnaization to be appointed directly by public security commonly, increase worth, make inquires person very few, valence is patted to be decided abnormal is lowly since. Investor creditor almost principal is not had return, but concerned branch gains profit from which however. Acting lawyer Wang Shaoguang of Ceng Chengjie says, by on sale " masses art house " the brand that what hanging actually now is West Hunan quadrangle, the " that 3 houses company is located in core business to encircle " of macrocosm of auspicious head trade is first by Hunan limited company of management of civilian peaceful asset take-overs, and " pafree watch caset through making public contest " suffer let believe company of investment buy estate to money of Hunan West Hunan. Wang Shaoguang moves taken industrial and commercial material to show, "Money is believed " partner is government of Hunan Province people, "Civilian peaceful " partner is hall of Hunan Province finance. And Wang Shaohua also thinks is this kind of sacrifice, make Ceng Chengjie endowment not pay a debt in kind or by labour, the blame is added first-class.
The Ceng Chengjie in jail.
Epilogue
The honeymoon that in Ceng Chengjie and Ji Shouzheng government office cooperates period, august 16, 2006 " Hunan daily " ever treated him as paradigmatic model reports, article such ending: "Future, to Ceng Chengjie, it is new do poineering work, new brilliant, new legend! " nevertheless, "Honeymoon " afterwards, destiny take a sudden turn and become worse rapidly of Ceng Chengjie, be like eventually " people court signs up for " comment on, with " be of the most heinous guilt " wind up be executinged.
