[The Supreme Law responds to Cui Yongyuan's revelation: the investigation process has been launched, welcome to provide information] At 22:28 on December 29th, @太人民法院 responded to Cui Yongyuan's revelation: At 13:32 on December 29, 2018, Weibo account Cui Yongyuan posted a blog post andAttached are four pictures.After verification, the contents of two of the pictures are the same as those in the (2011) Min Yi Zhong Zi No. 81 case supplementary file currently stored in the archives of the Supreme People's Court (the other two are screenshots of media reports).We have launched the investigation process, and we welcome Professor Cui Yongyuan and other insiders to provide us with information.Later, @崔永元 reposted this Weibo and responded: How good it is, from identifying it as a rumor to launching an investigation, this is progress.I am willing to cooperate and participate in the investigation, so that we can get closer to the truth together.

Earlier reports

Northern Shaanxi 100 Billion Mining Rights Case Files Are Allegedly Lost in the Trial Organ Supreme Court: Rumor

The 100-billion-dollar mining rights case in northern Shaanxi has resurfaced.Recently, Cui Yongyuan posted ls on Weibo: "Sentence first, trial later, the file was stolen for two years and there is no whereabouts, saying that 52-year-old Zhao Faqi will spend 12 years in litigation, sighed and @related department."The Weibo immediately aroused great public attention.

Zhao Faqi is the legal representative of Yulin Kaiqilai Energy Investment Co., Ltd. (hereinafter referred to as Kaiqilai)., was called the Northern Shaanxi 100 Billion Mining Rights Case by public opinion.

One year ago, in December 2017, the day after the Central Economic Work Conference ended, the 100 billion mineral rights case was pronounced. According to media reports, Keqilai, a private enterprise that had defended its rights for 12 years, finally won the lawsuit, which was regarded as the central government’s law-based protection of the property rights of private enterprises.iconic case.After the case, Yousi immediately announced the three major property rights cases, which were generally praised by the public.

At the beginning of December 2018, CCTV reported that the 100 billion mineral rights case had been implemented by the Shaanxi Provincial High Court for nearly a year without any progress.

A number of people familiar with the matter told reporters that the dossiers had indeed been lost: in late November 2016, one year before the judgment was made, all the dossiers of the second trial of the case were lost at one time, and the place where the incident occurred was the relevant unit that tried the case.More than 20 days before his disappearance, Zhao Faqi publicly reported that the main leaders of Shaanxi Province intervened in the case with his real name, and accused the previous judges of perverting the law.

The reporter confirmed from a number of people familiar with the matter that after the trial unit discovered that the file was lost, it searched in many ways, and found that the monitoring was black when the incident happened, and then reported it to the main person in charge of the court step by step.However, in the past two years, the relevant units have not reported the matter, nor have they launched an internal investigation, let alone investigated and dealt with anyone, and the files have not been found yet.

In addition, in 2010, the media revealed that the Shaanxi provincial government had sent a confidential letter to the trial agency to intervene in the case.The reporter verified that this intervention was actually a letter sent by the Shaanxi Provincial Government upon invitation.

The reporter asked relevant departments to verify the matter, but did not receive a specific reply.

Lost on the weekend

Due to the ownership of the mineral rights of the pineapple minefield in northern Shaanxi, the dispute over joint exploration between Kechlai and the Western Exploration Institute was appealed for the second time in 2011.

The reporter learned that all the files of the second trial of the 100 billion mining rights case were suddenly lost in the judge's office in one weekend.The People's Court found out on the following Monday, and arranged for many people to participate in the search, but ultimately to no avail.In the meantime, the relevant personnel also checked the surveillance video in detail, but the surveillance video at the time of the incident was a black screen.

Coincidentally, just 20 days before the loss, Zhao Faqi, the party involved in the 100 billion mineral rights case and the legal representative of Kechlai, publicly reported on the Internet that Zhao Zhengyong, the former secretary of the Shaanxi Provincial Party Committee, had intervened in the case.In the long judicial process of this case, there were 10 years in the second trial (twice), but according to the statutory trial limit, the second trial should be completed within 3 months. Zhao Faqi said that on the premise of no new evidence and new litigants,Exceeding the limit by 38 times is extremely rare.

In fact, this 12-year dispute started with a contract of more than 2,000 words: In 2003, Kechley and the Western Exploration Institute signed a cooperative exploration agreement.In 2006, the Western Exploration Institute signed a cooperative exploration agreement with Hong Kong Yiye (full name Hong Kong Yiye Investment (Group) Co., Ltd.) on the same target without proposing to terminate the contract, resulting in one daughter getting married twice.

According to previous media reports, Liu Juan, a businesswoman from the Hong Kong Yiye Department, is actually in control.Therefore, the public described the 100 billion mineral rights case as a war between a man and a woman, that is, a dispute between Zhao Faqi and Liu Juan.

According to the media, the 58-year-old Liu Juan has an excellent image. She joined the cultural troupe at the age of 17 and the office of the Agricultural Mechanization Leading Group of Shaanxi Province at the age of 19.At the age of 22, he entered the Chinese Department of Shaanxi TV University to study for three years, and then studied in the Department of Foreign Economics and Law of Shenzhen University of Economics and Business.After graduating in 1990, he worked in the government for two years as a typist.Later, he went to Hong Kong to establish Hong Kong Yiye.

The strong insertion of Liu Juan and Hong Kong Yiye made everything complicated.For this reason, in 2006, Keqilai sued Xikan Institute for breach of contract in the Shaanxi Provincial Higher Court, which was accepted.In November of the same year, the Shaanxi Provincial Higher Court ruled that the contract between the two parties was legal and valid and continued to be performed.

The Western Exploration Institute subsequently appealed to the Supreme Court.During the trial, on May 4, 2008, the Shaanxi Provincial Government sent a secret letter to the Supreme Court. China Youth Daily published a report on August 2 of the same year and sent it to the Supreme Court.

On February 12, 2009, members of the Chinese People's Political Consultative Conference Hou Xinyi, Ye Xiangzhen and others sent a letter to the Supreme Court, saying that the secret letter incident was rare in history, and hoped that the contents of the secret letter could be disclosed, and at the same time, illegal interference was excluded.Kechlei sent a letter in March asking the Supreme Court to release the confidential letter.But no response was received.

The contents of the secret letter have not been fully known to the outside world in the past 10 years.

Invited to intervene?

The exposure of the above-mentioned secret letter incident caused an uproar in public opinion, who believed that this was a rare act of interfering in the judiciary since the founding of the People's Republic of China.In related reports in 2018, CCTV posted the content of the confidential document for the first time, revealing the little-known secret behind it.

At the beginning of the confidential letter, it was stated that in accordance with the requirements of the Second Civil Court of the Supreme Court during the discussion with the provincial government and relevant departments, the relevant situation and the opinions of our province are reported as follows.The confidential letter first accused the Shaanxi Provincial High Court of citing incorrect documents, and at the same time informed the Supreme Court that if it was maintained, there would be a series of serious consequences.

Under the secret letter, the Supreme Court remanded the case to the Shaanxi Provincial High Court for retrial in November 2009 after three years of acceptance and two hearings (3 hours each).

On November 19, 2010, the Shaanxi Provincial Department of Land and Resources withdrew Document No. 65, claiming that it was negatively affected by media reports and should be revoked at the request of relevant provincial departments.Document No. 65 is the most core piece of evidence in this case, apart from the 2,000-word agreement.

According to reports, as the defendant in the case, Xikan Institute has also dealt with many people.

Zhao Faqi was arrested by the Yulin Public Security Bureau on August 19, 2011. After staying in the detention center for 133 days, he was released on bail pending trial and was found not guilty.Meanwhile, Kechlai initiated an administrative lawsuit for the revocation of the business license, and the business license was restored in 2013.Therefore, Zhao Faqi is also considered to be a grand slam player who has gone through all four levels of courts and experienced three types of lawsuits: civil, criminal, and criminal.

After sending it back for retrial, the Shaanxi Provincial Higher Court decided on 20On March 30, 1, the judgment was made that the plaintiff Kechlai and the defendant Xikan Court had maliciously colluded, violated the minutes of the 21st meeting, and the contract was invalid, which completely changed the court's first first-instance judgment.

The gist of the minutes of the 21st meeting of Shaanxi Province on October 22, 2003 is as follows: For the prospecting rights involving coal resources, the prospecting right holders who have been registered under the civil subject shall conduct exploration on behalf of the provincial government, and the prospecting right holders have no rights.Disposal of mining rights and how to dispose of them will be arranged by the provincial government.

In terms of locality, what is Fa Da?Leaders say the most.The minutes are what the leaders say. This minutes is tantamount to turning the government into a market player, leaving a huge space for rent-seeking.Ma Huaide, a professor at China University of Political Science and Law, once commented.

Keqilai appealed after the Shaanxi Provincial Higher Court found the contract invalid in the second trial.Initially, the case was assigned to the second civil court, and later changed to the first civil court.During the period, two court sessions were held on June 25, 2013 and January 12, 2017, totaling 8 hours.

No results

The evidence obtained by the reporter shows that during the trial process, the Shaanxi side also intervened several times. At the end of 2017, the Supreme Court made a (2011) Min Yi Zhong Zi No. 81 judgment, affirming that the contract between Keqilai and Xikanyuan was valid and continued.fulfill.

Since the judgment was issued the next day by the Central Economic Work Conference, it was interpreted by public opinion as a signal to protect private entrepreneurs.

At that time, Zhao Faqi said in an interview with media reporters: After so many years of lawsuits, the core issue is the spirit of contract.The normal order of a society requires the spirit of contract.The comprehensive rule of law in my understanding is to make laws and rules the norm.But it is inconceivable that it takes 12 years to judge that an agreement of more than 2,000 words is valid.

At the beginning of 2018, Bai Yansong stated in the CCTV News Weekly program that the effectiveness of the contract, which took 12 years to win, still depends on the performance of the Shaanxi Provincial Government.

And on December 1, CCTV reported again: Zhao Faqi, a Shaanxi businessman, has always had an invisible hand interfering in the judiciary in order to regain the 100 billion mining rights for 12 years. Now, another year is about to passYes, he won the case, did he get back the mining rights from the local government?

The program then gave the answer: Xi'an Geological Survey Institute, as the other party in the contract dispute, still refused to execute the contract after the Supreme Court ruled that the contract was legal and valid and continued to be performed.Although he (Zhao Faqi) has applied to the local court for compulsory enforcement, there is still no result.

Dossiers are divided into primary and secondary volumes.The main file is the documents of the court session, which can be viewed by both parties.The sub-volume includes some internal approvals, collegiate records, etc.Including all the materials of the 2013 trial, these things together constitute the basis for the No. 81 judgment.The insider disclosed.

It is understood that after the files were lost, the Minyi Tribunal immediately reported the matter to the main leaders of the court level by level.However, the relevant unit neither reported the case to the public security department nor organized an internal investigation.To this day, no one has been investigated and prosecuted for this incident.

The Supreme Court: The loss of the second-instance file of the 100 billion mining rights case in northern Shaanxi is a rumor

The Beijing News reporter learned from the Supreme People's Court on the 27th that all files of the second trial of the 100 billion mining rights case in northern Shaanxi have been completely preserved in the archives of the Supreme People's Court.

On December 26, 2018, there were media reports that the files of the 100 billion mineral rights case in northern Shaanxi were lost in the trial authority, and someone posted related remarks on Sina Weibo, saying that all the files of the second trial of the case were lost at one time, and the files were stolen for two years without whereabouts.

After verification by the Supreme People's Court, the case involved in the above reports and remarks is: Yulin Kaiqilai Energy Investment Co., Ltd. and Xi'an Geological and Mineral Exploration and Development Institute Cooperative Exploration Contract Dispute Case.The Supreme People's Court made its final judgment on December 16, 2017, and it was delivered to both parties on December 21, and was made public on the China Judgment Documents Network on the same day.The second-instance file of the case was filed on September 26, 2018, and is currently fully preserved in the archives of the Supreme People's Court.

The Supreme People's Court stated that the above-mentioned reports and remarks that the second-instance file of the case was lost at one time and that the file was stolen for two years have no whereabouts. There is no fact and evidence to prove it, and it is a rumor.