Recently, the China Judgment Documents Network published the enforcement ruling of Wang Baoan's enforcement review made by the Zhangjiakou Intermediate People's Court., The person subject to execution of this execution ruling is Wang Baoan, the former director of the National Bureau of Statistics who is currently detained in Qincheng Prison.
Wang Baoan was announced for investigation on January 26, 2016.On May 31 last year, the Intermediate People's Court of Zhangjiakou City sentenced him to life imprisonment, deprivation of political rights for life, and confiscation of all personal property for the crime of accepting bribes;
The enforcement ruling made public this time is related to a real estate owned by Wang Baoan.
According to the ruling, He Fangfei, an outsider to the case, said: I signed a stock housing sales contract with the original owner Wang Hongbiao on January 15, 2014, and legally obtained the real estate in Room 1E, Unit X, Building X, XXX District, Haidian District, Beijing.The house was acquired by me in good faith one and a half years before Wang Baoan was investigated and dealt with.I am not involved in bribery or bribery, and should not bear the consequences of criminal punishment according to law.
As the legal owner of the house, I raised an objection, which should be handled in accordance with the law of civil procedure.In this case, the house was seized and auctioned according to the enforcement ruling, not the confiscation of the house.The people's court is requested to ascertain the facts and suspend or revoke the seizure and auction rulings according to law.
According to the ruling, the above-mentioned real estate claimed by He Fangfei has an area of 204.3 square meters. At that time, the transaction price between He Fangfei and Wang Hongbiao was 6,701,040 yuan.
The house ownership certificate provided by He Fangfei shows that after she reached a sales agreement with Wang Hongbiao, she went through the transfer procedures on January 20, 2015, and the current owner of the house is her.
The Intermediate People's Court of Zhangjiakou City stated: The main content of the judgment against Wang Baoan is that the property obtained from Wang Baoan's bribery crimes and their fruits that have been sealed up, seized, and frozen in the case and their fruits shall be turned over to the state treasury according to law, including four sets of real estate. He FangfeiThe said property is among them.
The Zhangjiakou Intermediate People's Court stated that: During the execution process, the court made an execution ruling on January 31, 2018: the following properties of Wang Baoan, the person subject to execution, that have been sealed up, auctioned, and seized by the procuratorate: the ownership of the house is registered inA set of real estate at Unit 1E, Unit X, Building X, XXX District, Haidian District, Beijing under the name of He Fangfei.And issued a notice to He Fangfei on April 4, 2018, requiring him to vacate the house within 10 days after receiving the notice.
After that, He Fangfei filed an objection to execution to the Zhangjiakou Intermediate People's Court.
The Zhangjiakou Intermediate People's Court held that: He Fangfei's claim that the property at Unit 1E, Building X, XXX District, Haidian District, Beijing, belonged to her was in conflict with the criminal judgment of this court, and He Fangfei's objection was untenable.The property shall be turned over to the state treasury according to law.And made a ruling on May 14 this year, rejecting the objection request of the outsider He Fangfei.
In summary, the content presented in the above-mentioned enforcement ruling is that a real estate related to Wang Baoan was identified by the court as the proceeds of Wang Baoan's bribery crime and was seized.However, the original owner of this property is Wang Hongbiao.Before Wang Baoan was announced to be investigated, Wang Hongbiao had already sold the property to He Fangfei.Therefore, after the court seized the property, He Fangfei raised an objection and appealed to the court.
So what is the relationship between Wang Baoan and Wang Hongbiao?Why was the real estate owned by Wang Hongbiao identified as the proceeds of Wang Baoan's crime of accepting bribes?The fourth episode of the Central Commission for Discipline Inspection's anti-corruption blockbuster inspection tour, which was broadcast in September last year, fully covered the inspection and revealed the answer.
According to the feature film, Wang Baoan has four brothers. Huang Chuan, deputy bureau-level discipline inspector and supervisory commissioner of the Disciplinary Inspection and Supervision Office of the Central Commission for Discipline Inspection, said that Wang Baoan can be said to use public power to build his Wang family.The second and third brothers are officials, and the fourth is a boss. Wang Baoan greeted his second and third brothers for promotion and use, and then used his power to seek huge benefits for the fourth brother.The characteristics of his family's corruption are obvious.
Lu Yi, the former secretary of the party committee and chairman of the Henan Rural Credit Cooperative Union, said in the film that Wang Baoan's second brother was the executive vice mayor of Jiaozuo, his third brother was the director of Pingdingshan's finance bureau and secretary of the Zhanhe District Party Committee, and his fourth brother Wang Hongbiaobusiness.In 2011, Wang Hongbiao suddenly visited him and asked him to help him approve a loan for his project.Said that his brother asked him to come to me, and he wanted a loan.In this way, we had a meal together, because Wang Baoan was, after all, the assistant minister of the Ministry of Finance at that time.
With the help of Lu Yi, Wang Hongbiao's project received hundreds of millions of yuan in illegal joint credit from 28 rural credit cooperatives.
It is disclosed in the film that Wang Baoan used the power of approval to handle affairs and approve projects for the boss, and the boss gave him money, goods, luxury houses, and luxury cars.However, Wang Baoan never registered the luxury houses and luxury cars he received under his own name.As early as 2001, Wang Baoan helped a businessman boss get approval for his project and took over a 204-square-meter house.The real estate certificate is handled in the name of Wang Hongbiao.
It is worth noting that, as mentioned above, the real estate involved in the enforcement ruling also has an area of 204.3 square meters, and the owner of the house is also Wang Hongbiao.
Hong Daode, a professor at the China University of Political Science and Law, said in an interview that the above-mentioned enforcement case triggered by Wang Baoan's real estate involves a problem: how to determine the ownership of the real estate involved in the case that is not under the name of the corrupt official.
A key question is whether the real estate such as real estate was traded before or after the official case, and did the outsider acquire it in good faith?Hong Daode gave an example, if official A got a real estate by accepting bribes, and A registered the real estate in the name of B, and B sold the real estate to Ding.Real estate?
Whether the real estate should be recognized by the court as income from bribery and sealed up, the key depends on whether the transfer procedures between B and D have been completed before A’s fall, and whether the real estate has been transferred to Ding’s name?If the account has been transferred to Ding’s name and Ding is the property owner, then if there is evidence to prove that B and D have maliciously colluded and deliberately concealed A’s bribery income, then the real estate must be sealed up and seized.
If there is no evidence to prove that Ding has concealed A's bribery proceeds, and Ding does not know the source of the real estate, that is, Ding did obtain it in good faith, then Ding has the right to own the property involved.In this case, the judiciary should recover the house sale price collected by B at that time and turn it over to the state treasury.
The first-instance civil judgment of He Fangfei and Wang Hongbiao's private lending dispute previously published by China Judgment Documents Network shows that before He Fangfei and Wang Hongbiao traded the real estate in Room 1E, Unit X, Building X, XXX District, Haidian District, Beijing (that is, the real estate involved in Wang Baoan's case), He FangfeiFangfei also lent 3 million yuan to Wang Hongbiao in 2011, with an interest rate of 2% per month for 3 months.
But Wang Hongbiao has not repaid.In February 2014, He Fangfei filed a lawsuit.The court made a judgment in November of the same year that Wang Hongbiao repaid He Fangfei's loan principal and interest of RMB 5,844,983,040. The civil judgment of the first instance of the private loan dispute between He Fangfei and Wang Hongbiao showed that Wang Hongbiao was a Hong Kong resident.
According to NetEase Lubiao’s report: Relying on his elder brother’s power in the financial department, coupled with his father-in-law’s in-law background as a major general, Wang Hongbiao operates gray businesses, gets involved in government projects, and dabbles in various fields such as mineral development and financial leasing.After August 2011, he got a Hong Kong ID card starting with M, and his registered address was two mansions in Hong Kong’s famous mansion area with a market price of more than 30 million Hong Kong dollars.
Political writing/Wang Shu proofreading Guo Liqin
