"The case of buying corn without a license", Wang Lijun's crime of illegal business operation, hired a fake lawyer in the first instance. What's the matter?

According to public reports, Wang Lijun did entrust a fake lawyer, a nonexistent lawyer and a nonexistent law firm in the first instance, and the court of first instance did not examine the lawyer's identity.

Pretending to be a lawyer, representing a case and charging fees are criminal fraud cases. The parties may report the case and investigate the criminal responsibility of the impostor according to law. You can also investigate the legal responsibility of the impostor for the crime of illegal business operation, because there is no agency qualification and authority, and the case represented by the impostor itself is the crime of illegal business operation, which is a great irony.

Regarding the judgment of true and false lawyers and the judgment of legal workers, the simple answer is as follows:

Lawyers work in law firms, and their practice scope is the whole country. Can act as an agent in civil and commercial criminal cases, and can inquire and verify in the Provincial Department of Justice and the official website Provincial Lawyers Association where lawyers are located.

Legal workers work in legal service offices, and their scope of practice is in their districts and counties. Can only represent civil and commercial cases, not criminal cases, can not practice across regions and counties, nor can they practice across cities and provinces. They can check in the Provincial Department of Justice and the official website Provincial Lawyers Association where the lawyers are located.

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Review of the first trial of "unlicensed corn purchase": lawyers and law firms that cannot be found _ News Channel _ Oriental Headlines

Bayannaoer 148 Coordination Command Center No.2 Legal Service Office is just across the road from Linhe District Court, where Wang Lijun found his first-instance defense lawyer. (Southern Weekend reporter slide/map)

(This article first appeared in Southern Weekend in February 17, 20 16)

Looking back now, Wang Lijun only remembers what Wang Runsheng said: Unconscious crime. "He basically said these five words and spent 5,000 yuan on it."

Official website, the Justice Department of Shandong Province, found that there were neither "Shandong Yin Qing Law Firm" nor "Wang Runsheng" lawyers. According to the Ministry of Justice, the official website is updated in real time.

Wang Runsheng responded that he did not know why the law firm could not find it; As for my lawyer's practice license, it may be because I registered late, "I didn't report it, I didn't surf the Internet".

On February 2017 13, the Intermediate People's Court of Bayannaoer City, Inner Mongolia retried Wang Lijun's case of purchasing corn without a license. Both the prosecution and the defense claimed that Wang Lijun was not guilty, and the court decided to decide on another day.

On April 5, 20 16, the court of Linhe District of Bayannaoer City sentenced Wang Lijun to one year's imprisonment, suspended for two years, and fined him 20,000 yuan. In 65438+February of the same year, the Supreme Court issued a retrial order on the grounds that the original judgment was wrong in applying the law.

The retrial scene was crowded with NPC representatives and reporters who came to attend. Wang Runsheng didn't appear. As a defender in the first instance, he defended Wang Lijun guilty but lightly. But after that, Wang Runsheng couldn't even find Wang Lijun's phone number.

In the judgment of first instance, Wang Runsheng is a lawyer of Shandong Yin Qing Law Firm (hereinafter referred to as "Yin Qing Law Firm"). In addition, he has another important identity: the director of the Second Legal Service Office of Bayannaoer 148 Coordination Command Center (hereinafter referred to as "the Second Office") and a grassroots legal service worker.

Southern Weekend reporter inquired in official website, Shandong Provincial Department of Justice, and the results showed that Shandong Yin Qing Law Firm did not exist; None of the lawyers registered in the Shandong Provincial Department of Justice is named Wang Runsheng.

When practicing, the biggest difference between lawyers and grassroots legal service workers is that the latter cannot participate in criminal cases as defenders. The case of buying corn without a license is a criminal case.

Wang Lijun found Wang Runsheng in the spring of 20 16, and the case was transferred to the court by the procuratorate. Wang Lijun, who had always been confident that it was "not a problem" to buy corn without a license, came out of the Linhe District Court and went straight to the Second Hospital after receiving the notice of hearing.

Compared with several other legal service firms nearby, these two firms have the best location, just opposite the He Lin court and across the road. The bulletin board on the wall shows all the dozen staff members. Wang Runsheng's name is the first in the first row, and his position is "director".

Wang Lijun was received by a female staff member. After paying the consulting fee of 100, Wang Lijun was told that if he was found guilty of illegal business operation, he might be sentenced to three to five years and fined 1 to five times. Hearing that he might go to jail, Wang Lijun decided to hire a lawyer-Wang Runsheng, director of the Second Institute.

According to a staff member of the second institute, most of the cases received by the second institute are civil cases, and there are only a few criminal cases a year. Wang Run also told the Southern Weekend reporter that he has a clear and unified charging standard for accepting cases: 4% of the target amount is charged for civil cases; Criminal cases, public security, procuratorate, court each stage 5000 yuan.

Just borrowed money to pay illegal income of 6,000 yuan, bail of 5,000 yuan and lawyer's fee of 5,000 yuan, which is not a small sum in Wang Lijun's eyes. But the daughter who went with him refused to save money. She works in Xi and is a graduate of a university.

Wang Runsheng took out his lawyer's license and showed it to his father and daughter. They took a casual look and didn't hold it in their hands. Wang Runsheng's lawyer license shows that he is a full-time lawyer of Shandong Yin Qing Law Firm.

After paying the money, the two sides signed a power of attorney for criminal defense, but it seems that Wang Runsheng left no room for Wang Lijun in this agreement. "I put everything related to the case together, but there is no such agreement." Wang Lijun showed Southern Weekend reporters a stack of litigation documents, including two retrial lawyers.

Agency agreement.

Southern Weekend reporter learned from other sources that Wang Lijun and Wang Runsheng's power of attorney for criminal defense not only had their signatures, but also stamped the official seal of Shandong Yin Qing Law Firm according to Wang Lijun's handprint.

According to the procedure of criminal cases, lawyers should submit three things to the court before appearing in court: the power of attorney for criminal defense signed with the parties, the lawyer's practice certificate, and the criminal defense appearance book issued by the law firm.

In the book of appearance in court for criminal defense submitted by Wang Runsheng, it is marked as Linhe District Court, signed and sealed by Shandong Yin Qing Law Firm, and the words "Yin Qing Criminal Zi No.201600293" are written in the upper right corner.

After being transferred to the court, Wang Runsheng quickly made a judgment: "My first reaction is that the investigation of the whole case is vague, and the amount of illegal business of 2 10000 is unclear. There is no doubt about the rest. "

In Wang Runsheng's view, this situation is not complicated. The investigation organ has prepared all kinds of evidence, which is very clear and does not need to investigate and collect evidence. He predicted the result of the first trial even before the trial. Because the corn purchased by Wang Lijun is sold to grain depots, starch factories and other formal sales channels. "

Not for the underworld. Although the amount of illegal business is as high as 2 1 10,000, the actual profit is only 6,000 yuan. "So I expect him to be given a suspended sentence."

Wang Lijun got the same message from Wang Runsheng: You should be found guilty. I can't guarantee you immunity, but I can only reduce your sentence.

According to the trial records of Linhe District, Wang Runsheng, the defender, rarely spoke during the trial of first instance on April 5, 20 16. There was no objection to the criminal facts and charges alleged in the indictment, no questions were asked during the court investigation, and there was no objection to more than ten groups of evidence presented by the public prosecutor. The defense did not produce any evidence.

During the cross-examination, when the public prosecutor mentioned the certificate of Wang Lijun's non-business qualification issued by the Linhe District Grain Bureau and the Linhe District Industrial and Commercial Branch, Wang Lijun couldn't help but say, "I don't have the qualification to apply for a certificate. Only a fixed place can issue a certificate." Defender Wang Runsheng still has no objection.

Defender Wang Runsheng didn't say much during the court debate. He said: "The defendant did not intend to violate the criminal law, not intentionally. Voluntary surrender after committing the crime. There is a plot to surrender. The purchased corn is sold to formal channels with little profit. He asked the court for a lighter judgment. "

When asked if there were any new excuses, defender Wang Runsheng added: "Wang Lijun committed an unconscious crime and hoped that the court would give him a lighter punishment."

Looking back now, Wang Lijun only remembers what Wang Runsheng said: Unconscious crime. "He basically said these five words and spent 5,000 yuan on it."

After the case of "buying corn without a license" was exposed, it aroused strong public concern, especially questioning the approval of grain purchase qualification and the control under the market economy.

The retrial in February 20 17 and 13 is another scene. Defender is Wang, a Beijing lawyer who volunteered to provide legal aid to Wang Lijun. Lawyers have repeatedly questioned the authenticity and relevance of the prosecution evidence. For example, Yang, a relative of Wang Lijun, thinks that Wang's behavior is a crime.

Testimony, the lawyer thinks this is irrelevant to this case.

Review of the first trial of "buying corn without a license": lawyers and law firms that can't be found

2017-02-1610:19 rule of law

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"Wang Lijun said that buying corn without a license should be handled according to the Regulations on the Administration of Grain Circulation. On February 20 16, the regulations were revised, and individual farmers were no longer required to obtain grain purchase qualifications. " Wang told Southern Weekend reporter.

In February 1 1 1, 2065438, Southern Weekend reporter had a conversation with Wang Runsheng in the office of the Second Hospital. When the reporter mentioned that the Regulations on the Administration of Grain Circulation had been revised before the first trial, Wang Runsheng asked: Was that after the judgment?

"The modification is two months before the trial. Have you ever thought about defending Wang Lijun from this angle? "

"I thought, I also said. The judge does not adopt it. "

"Others collect food is ok. Most of them have certificates or are affiliated with companies with food business licenses. " Wang Runsheng told Southern Weekend reporter, "Legally speaking, I have to plead guilty, right? There are "Regulations on the Administration of Grain Circulation" and there are laws and regulations, so

I can only plead guilty. It's that simple. Finally, he was sentenced to probation. "

At the first trial, all Wang Lijun wanted was not to go to jail, so that he could go home and farm. Wang Runsheng said that Wang Lijun was satisfied with the probation result and did not appeal. However, after review, the Supreme Court ordered a retrial. Wang believes that it is very rare for the Supreme Court to take the initiative to request a retrial.

Wang Lijun said: Now I know I shouldn't be convicted. If I knew, I would appeal.

Wang Runsheng told Southern Weekend that he was from Qingdao and graduated from the Law Department of Qingdao University. He worked part-time in Qingdao Yin Qing Law Firm and Bayannaoer City, Inner Mongolia 148 No.2 Legal Service. According to him, there are more than a dozen lawyers in Yin Qing.

China Judgment Document Network * * * contains 12 cases in which lawyers of Shandong Yin Qing Law Firm participated in agency and defense, including 9 cases in Inner Mongolia, 2 cases in Gansu and 0 cases in Fujian. The starting and ending time of the judgment is 20 15, 1 to 20 16.

Wang Runsheng and Chen Zhengbo represent all cases in which Yin Qing participated. There are no cases represented by other lawyers in this firm on the Internet.

Wang Runsheng appeared nine times as a lawyer of Yin Qing College. One traffic accident case is a criminal case, and the rest are civil cases. Chen Zhengbo appeared three times as a lawyer of Yin Qing Institute.

Wang Runsheng told Southern Weekend that there are three lawyers among the dozen staff members of the two universities, besides themselves, there are also Wang Fei and Wu Rui. Coincidentally, the second institute also has a staff member named Chen Zhengbo. Southern Weekend reporter asked if Chen Zhengbo was also a lawyer of Yin Qing Institute, and Wang Runsheng gave a positive answer.

Reply.

According to the lawyer's practice certificate, the Justice Department of Shandong Province issued the certificate to Wang Runsheng on May 15, 2005. According to him, 200 1 has been working as a lawyer from Shandong to Inner Mongolia, and was qualified as a lawyer in 2002.

Southern Weekend reporter inquired about the "Shandong Judicial Administration Network" in official website, the Justice Department of Shandong Province, and the result showed that there was no "Shandong Yin Qing Law Firm".

The reporter then entered Wang Runsheng's name, lawyer's practice license number, legal practice qualification or lawyer's qualification license number, all of which showed "no qualified data at present". Chen Zhengbo's information is also unavailable.

However, if you change to other Shandong lawyers, you only need to enter any one of your name and ID number to display the results. Even lawyers who failed the annual inspection in 20 16 can find relevant information.

The official website, Inner Mongolia Justice Department, can't find two lawyers, Wang Runsheng and Chen Zhengbo.

In this regard, Wang Runsheng responded that he didn't know why the law firm couldn't find it. As for my lawyer's practice license, it may have been delayed when I went back to Shandong to register on 20 16. "It should have been registered in May, but it went in July and has been registered. Maybe because of this, I missed the report and didn't surf the Internet.

"

Wang Run also said, "He (Chen Zhengbo) probably can't find it now. He went to register with me, but he was also late. If the registration is late, it is estimated that the system will not report it. "

Southern Weekend reporter inquired about the Justice Department of Shandong Province through the relationship of Shandong High Court, and the result was that there was no "Shandong Yin Qing Law Firm" and no lawyers Wang Runsheng and Chen Zhengbo. The reporter also inquired through the internal channels of Qingdao Judicial Bureau, but could not find Yin Qing.

Regarding whether there is any omission in the system registration, the Southern Weekend special contributor consulted the evaluation and supervision department of Shandong Lawyers Association, and the answer was: impossible. As long as he has a practice license, he must register on the judicial administration network.

The reply from the Qualification Management Section of the Lawyer Management Office of the Justice Department of Shandong Province to the Southern Weekend reporter is: Shandong Judicial Administration Network is updated in real time. If you can't find it on this network, there may be no such person.

The inquiry system also suggests that the practice license number starts with "137" after the nationwide uniform renewal of lawyer license in 2009; The previous practice license number "150" is not used as the lawyer's identification, and can only be inquired by calling. The license number of Wang Runsheng is "137".

An insider told the Southern Weekend reporter that the staff of Dengkou County Court in Bayannaoer had told him that the Yin Qing Institute could not be found online. "But for such a long time, no one took it seriously."

These two courts are only tens of meters away from the courts in He Lin. Wang Runsheng told Southern Weekend that he knew two judges in the first instance of the case of "buying corn without a license". "Sometimes they can't print anything in court, and occasionally they come to print something." .

2065438+July 2006, the case of "buying corn without a license" was reported by the media, which triggered a heated discussion in the country. Wang Runsheng is still wondering: How did it get out? He asked the judge about this, and the judge said that the case was publicized by the court as a typical case. "Later, I tried again. I feel that he (the judge) is patting a stone.

Hit yourself in the foot. "

Wang Run still represented 33 civil and administrative cases in Inner Mongolia as the legal service office of Bayannaoer 148 Coordination Command Center and the legal service worker of the Second Legal Service Office. The starting and ending time of the judgment is 20 1 1 12.

In terms of time, Wang Runsheng used two identities alternately: lawyer and legal worker.

Regarding whether a full-time lawyer can work in a legal service office, the above-mentioned Shandong Provincial Department of Justice and the Lawyers Association have the same answer: No, "full-time" means this. Otherwise, how can I call a full-time lawyer? "

Grassroots legal service workers (hereinafter referred to as "legal workers") are occupations that sprouted in the late 1970s and developed in the 1980s. At that time, the lawyer system in China was not perfect and there was a shortage of lawyers. In order to fill the gap in rural and urban legal services, a special legal personnel group was set up.

"They are the product of a special era," a staff member of the Bayannaoer Municipal Bureau of Justice told Southern Weekend reporter. Many legal workers are retired public security and legal personnel. In recent decades, all those who passed the judicial examination have become lawyers, some of them are too old to do it, and Bayannaoer's legal workers can only get out.

The fewer, there are now more than 100 people.

Most of the legal workers who failed the national judicial examination practice in grass-roots legal service offices, township legal service offices or judicial offices, and hold the practice certificate of legal service workers.

According to the above-mentioned staff, compared with lawyers, legal practice is subject to three major restrictions: only local cases can be accepted, "for example, if you are a legal worker facing the river, the parties must also face the river"; The remuneration standard refers to the provisions of the Ministry of Justice on legal service workers, which is completely different from the lawyer's fee.

; Cannot engage in criminal defense.

However, two of the three old rules have long been eliminated by the times. For example, the charging standard of legal workers has broken through the rigid regulations of the Ministry of Justice, "otherwise, even the expenses of investigation and evidence collection and trial are not enough"; When the case is actually accepted, some people will break the geographical restrictions and basically no one will take care of it.

The only thing left is that we can't defend the criminal defendant. The above-mentioned staff said: this is a one-size-fits-all approach and absolutely not allowed. Only lawyers can accept criminal cases.

Nevertheless, Southern Weekend reporter found two legal service workers in criminal judgment, Danfeng County, Shaanxi Province, and Liping County, Guizhou Province, who were defenders of defendants in intentional injury cases and dangerous driving cases respectively.

Could it be that local lawyers are scarce and legal workers are at the top? The above-mentioned staff explained that if there is a special shortage of lawyers in a certain place, the state will allocate some lawyers to provide legal aid. This happened in Bayannaoer, from lawyers in downtown He Lin to the relatively remote Urad Zhongqi.

Next to the He Lin court, diagonally opposite the second court, there are several other legal service offices. In a room, a female lawyer in her forties and fifties is answering questions about divorce for visitors. Her business card is printed with "Bachelor of Law" and qualification certificate number.

When Southern Weekend reporter asked what the qualification number was, she said, "It's a certificate for our work". Is that a lawyer? "No, the difference between us and lawyers is that we can't represent criminal cases." As for whether she passed the national judicial examination, she didn't say a word.

In the eyes of many legal persons, the position of legal workers is very embarrassing. "Only lawyers can eat the rest." Especially in cities, when it comes to law and litigation, lawyers are the first thing people think of.

The staff of Bayannaoer Judicial Bureau said: "About 90% people don't know about the profession of legal workers." Most of their remaining service markets are in rural areas, towns and other areas.

Because of the "unlicensed corn purchase case", many media came to interview Wang Runsheng. "Journalists always look for me first, and then look for him (Wang Lijun)". However, he refused an interview with Inner Mongolia TV. When a newspaper reporter wanted to take a photo with him, he also declined. "I don't want to be famous, I am Ping."

What are the people's names? I just want to live a normal life. "

(Southern weekend intern Xi Lili also contributed to this article)