"Gao Bingfang, a female lawyer who agrees with migrant workers, was arrested suddenly" has recently aroused social attention.
On April 10, Surging News learned from the family members of Lawyer Gao Bingfang that Gao Bingfang was previously accused of false lawsuits and was obtained from bail pending trial.The bureau's Daiyue Branch was arrested.
Surging News previously reported that the public prosecution agency accused the fact that Gao Bingfang and the contractor Toumou and Chen faced the fact that the salary of migrant workers had not been settled and sued in the name of migrant workers.Multiple wrong civil judgments have seriously infringed the credibility of judicialness.
The focus of the case is whether Gao Bingfang has clearly paid the migrant workers' labor expenses in advance.The second is that in accordance with regulations, enterprises should directly issue their salary to migrant workers, and it is strictly forbidden to issue organizations and individuals with the qualifications of the contractor or other qualifications of the contractor;Organizations or individuals with qualifications, otherwise they should bear the liability for liquidation of arrears of wages.So, whether the wages of the contractor's head pay the salary, is it just a "prosecution" and whether it constitutes a crime?
On November 12th and 13th, 2023, the case was tried for the second time in the Daiyue District Court.
Public prosecutor said that Mi had a legal foundation for the subcontracting project and had the right to appeal.However, the contractor is the main body of payment and has the obligation to pay migrant workers' salary. They complete the payment behavior rather than the padding behavior.In order to return to the project, the defendant has nothing to do with it. The fictional does not exist at all, and the behavior of filed civil lawsuits has led the court to make 77 mistakes of civil judgments, constitutes a crime of false lawsuits, and is necessary to criminal punishment.
"The contractor pays the salary of migrant workers and enjoys debt. As long as the debt is real, it does not constitute a crime whether the claim is based on the nominal right holder or the actual right holder.The agency relationship was concealed, and it was a prosecution of the name."Because the claims are real, the legal relationship is the only one. As long as the debtor fulfills the obligations, the legal debt relationship disappears."
During the trial, Mi and Chen pleaded guilty.The public prosecutor's agency suggested that Mi and Chen were suspended for Gao Bingfang's sentence of less than three years or less.Gao Bingfang insisted that the case was not criminal, and he did not know it beforehand.Gao Bingfang's defender pointed out that if the case was convicted, the wrong demonstration would be caused, that is, the contractor who paid the salary of migrant workers was punished.Harbor.
As of now, the case has been postponed twice and has not been sentenced.
Gao Bingfang's family told Peng Mei News that Gao Bingfang, 56, insisted on being innocent and has been reporting the situation to relevant departments.On the morning of April 9, the Court of Daiyue District called Gao Bingfang, saying that on the issue of his petition, he needed a transcript. The two sides agreed to meet the court the next morning.At 7 pm on April 9, Gao Bingfang was arrested.
