The Supreme Court retrial 306 acres of land fake auction in Shanghai

A 7-year old land big case that people see finally because the Supreme Court of a paper began to enter the law of the "Sunshine Zone" November 25, the People's Republic of China issued the "(2009) People re-word 6th Civil adjudication," 306 acres of land in Shanghai, "false auction" case retrial, Confirmed that the incident lead Shanghai Terry Company as the plaintiff's main qualification, Terry to five auction companies in the construction of the project to enjoy property rights and interests.　　The history of the ruling is a rare revocation of the Shanghai High People's Court 2005 Shanghai High by the first word of the 1th civil ruling, and the People's Court (2005), the people's first end of the civil ruling, ordered the high people's Court in Shanghai to file a trial.　　From the beginning of 2002 to the end of 2009, with strong nerves and unremitting efforts, Shanghai Terry Company legal person Zhou Yalen 7 years experienced a mortal unimaginable judicial "tug of war", from the district court to the highest courtyard, five trials, finally let this once "people see people hide" land case into the normal judicial process. 7 years ago, Shanghai Terry owned 306 acres of land development rights, in the unknown case by the Shanghai Xuhui District People's court to borrow the completed case number of repeated auctions, and the auction process is full of false doubt.　　To this end, Shanghai Terry Company legal representative Zhou Yalen opened his protracted "defense of property" (see "Business Week" July 5, 2004, the 11th "Shanghai 306 mu of land scare" four false "mystery case"). This "Gucci case" has been "evolving" since the Economist's report: from "The public right to hurt the private right" to "a few people to use public power to embezzle private property", from "judicial corruption" to "hidden in the rights of the minority interests of the illegal crime" (see the 2nd issue of Shanghai, January 20, 2005, the emergence of real estate case　　Judicial corruption ""); judicial, evaluation, auction, banking and other links with the business closely together, composed of a wealth of interests of the rich misappropriation of "food chain" (see this newspaper July 5, 2008, "false money" after the trade bribery "cloud") ... In this respect, Zhou Yalen to the Supreme Court in 2005, the highest court (2005) The people of the end of the word 102th, "inadmissible" knot.　　But this Zhou Yalen assists the procuratorial system to obtain the new evidence, causes this case to become the Supreme People's Court "the unprecedented" to "retrial and to revoke the court effective judgment" the case.　　The new evidence not only shows the suspicions of the auction process, but also the fact that many banks in the investigation were "authentic" in the process of forging and presenting counterfeit financial instruments, making hundreds of billions of "counterfeit money" circulate outside financial supervision, and for the new China for 60 of years.　　"Breakthrough" appeared in the bidding company involved in the auction--Shanghai Shuang Sheng Real Estate Co., Ltd. Before the auction, three bidders should pay 20 million RMB for the auction margin of Shanghai Oriental Auction Company respectively. In a time for the October 28, 2002 of the Shanghai Oriental Auction Company"Intent to bid application form", Shanghai double Sheng property issued by the margin for promissory notes AA081627. According to the normal rules of bank payment, from the double Sheng Company to pay the deposit to the final bid failure to recover the margin, the process should be as follows: October 28, 2002, Shuang Sheng Company to its own bank of CMBC Shanghai Branch, the application for the issue of the beneficiary for the Eastern Auction Company, the amount of 20 million yuan cashier's　　At the same time, Minsheng Bank Shanghai branch to see the double Sheng company account if there are 20 million yuan deposit, to accept the Double Sheng Company's "Promissory note application", issued a 20 million yuan, the draft ticket for AA081627 promissory note. Shuang Sheng Company with Minsheng Bank Shanghai branch issued AA081627 promissory notes to the Eastern Auction company to pay security. Oriental Auction Company charged 20 million yuan AA081627 promissory note, into the Oriental Auction company in Shanghai Bank Longevity Branch account, longevity branch in the review of promissory notes, will be 20 million yuan advance into the Eastern Auction Company's account,　　And then through the Bank Exchange Center to the invoicing Bank of CMBC request the bank to advance 20 million and interest.　　On the afternoon of October 29, 2002, after the auction, Oriental Auction Company in Shanghai Bank Longevity branch to apply for the issue of promissory notes, 20 million yuan to return the margin to the Double Sheng Company. But Zhou Yalen found in the evidence, in Minsheng Bank Shanghai branch of the double Sheng Company into the bill, the promissory note turned into a check.　　Moreover, the "Payment Unit Account" column should be filled in the Eastern Auction company account number 00001904162, but filled out "1316625-1", the account is not an Oriental auction company. Therefore, Zhou Yalen began to doubt the authenticity of double Sheng company 20 million yuan margin. 2004 Zhou Yalen Investigation of the authenticity of AA081627 promissory notes, Minsheng Bank headquarters of the open confirmation of the answer is: before the auction October 18, 2002, has received Shanghai Pudong FA Bank Xuhui Branch issued to the Double Sheng Company a 20 million-yuan promissory note, promissory note number is AA080220, and has honoured.　　Therefore, the Double Sheng company account has the money, only then issued the AA081627 promissory note. When Zhou Yalen put forward to check promissory note AA080220 true and false, Minsheng Bank can't take out the original promissory note, but took out a ticket for AA802220 promissory note.　　Zhou Yalen found that, although the display has 20 million yuan, but this promissory note signed the Promissory note Exchange Chapter number 076347-1 confirmed that the ticket line is not Shanghai Pudong Hair Bank Xuhui Branch, but Shanghai Pudong FA Bank Hongkou Branch. A succession of strange doubts to let Zhou Yalen alert, "Minsheng Bank Shanghai Branch has confirmed that has been honoured, then the PBOC Exchange Center must have exchange records." "But the 2009-year court from the People's Bank of China Shanghai branch of the Exchange Center confirmed: October 18, 2002 and after 1 to 2 working days, no inquiries to Minsheng Bank and Shanghai Pudong Fat Bank RainbowThe exchange of information between the branches is 20 million yuan. This means that the so-called double Sheng company 20 million yuan auction margin is "out of thin". After a long time, Shanghai Pudong FA Bank Xuhui Branch July 14, 2009 also to the Shanghai Huangpu District Court replied: "I do not have issued 20 million promissory note number in October 2002 AA080220 or AA802220."　　This confirmed the Shanghai Pudong FA Bank Hongkou branch of false suspicion. Zhou Yalen alleges: "In fact, the auction did not happen at all, but in the document to do a look." They did not think that I would be so persistent in investigating the case, in order to cover up their own fraud, had to continue to falsify documents, bills and accounts. But the beginning is a lie, and then with countless lies circle said, still lie. "Since then, the bill to pay the two-way company and the Oriental Auction Company, Minsheng Bank Shanghai branch of the so-called initial issue of 20 million yuan promissory note AA081627, Shanghai Bank Longevity Branch received this promissory note, Shanghai Pudong FA Bank Hongkou Branch issued a promissory note AA802220, as well as the auction client Shanghai Xuhui District Court,　　Have a major suspicion of forging financial instruments. A lawyer who understands the case said in an interview with Business Week: "The number of agencies and people suspected of being involved in counterfeit promissory notes is bold and bare and rare in the country." At the same time, "Business Week" in the Double Sheng Company's business registration data found a double Sheng company's application, found that double Sheng company unexpectedly until November 11, 2002 to set up.　　In other words, October 28, 2002 Shanghai Xuhui District Court Organization auction 306 acres of land, Shuang Sheng Company is not "born". In accordance with Articles III and 25th of the regulations on the administration of corporate registration of the People's Republic of China, "not registered by the Company registration authorities, shall not be engaged in business activities in the name of the company" "," the Company registration Authority issued by the "Business license of enterprises" engraving seal, open a bank account ... "and Minsheng Bank Shanghai branch unexpectedly gave birth　　The company opened a unit account and issued a promissory note, which was puzzling. And the other two companies involved in the bidding-Shanghai Huicheng Real Estate Company and Xuhui District Urban Construction Investment company, in the delivery of the auction margin issued 20 million yuan credit vouchers and 20 million yuan promissory note AA797416, Zhou Yalen in the central Bank of Shanghai Branch Bank Note Center of the verification that is also false, "　　There was no money in the drawer account at that time. It is worth noting that three companies have a remarkable relationship. "Business Weekly" survey shows that Shanghai Huicheng Real estate Company and Shanghai Xuhui District Urban Construction Investment company are closely related to the Shanghai Xuhui District government-owned restructuring of real estate companies.　　and Shuang Sheng Company and Xucheng Investment company concern more not general, its shareholder Hongsheng company shareholder is Shanghai City Open Group, and Shanghai City Open Group Chairman and participate in the auction of Shanghai Xucheng Investment company chairman is the same person-Xu Linxiang. At the end of the interview, Zhou Yalen, who waits for the Shanghai Supreme Court, told The Economist: "Indeed, I am most worried aboutIt is not the case itself, but the fact that so many banks in Shanghai, and so skillfully cooperated with the auction companies, the evaluation company and the judicial system illegally encroach on the land property, to a certain extent, that this case is not a case. "December 3, the Supreme People's Court vice president Bixin in the National Trial monitoring experience video meeting said," adhere to strict legal error correction, but also means that must not be arbitrary error correction or illegal error correction, must not be entangled in the visit, to create bad precedent; Make a fuss about it; can't be revised against the pressure of outside interference; ”