_ New acquitted man was in custody four years after the crime of misa

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's Court in Henan Province. This commonplace cases in the past four years, after five judgments of the court of first instance, four remand Xinxiang City Intermediate People's Court, and finally through the Henan Provincial High Court retrial, a total of six trial finally closed . Good l accept the "rule of law over the weekend,

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,

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," the reporter interviewed, with "tired heart" word to express the feelings of this "marathon trial. The scourge of the land transfer payments, the king of good l is a typical little guy, but because of the inexplicable "crime of misappropriation of funds, more than four years," marathon trial "exhausted effort. May 2005 by Business Bureau of Xinxiang City, Henan Province, served as chairman of Xinxiang City Jinhui Meat Co., delegate, Wang Shan-liter. Jinhui company at this time is not only an empty shell, still owes more than 320 million foreign debt. To make matters worse, the second month after the king of good l took office, the former chairman of the company Zhang camp to the company owes its borrowed capital shall 150,000 yuan to the court on the grounds the prosecution. The company accounts subsequently frozen by the court, the vehicle is also in conjunction seizure. The company operators caught in a difficult situation. At this point,

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, the king of good l with the company another three directors and their clients world music, Wang Guangfu, Guo Yuejun, after discussions, decided to Jinhui company south of the city center gas station, the land use right grant to revive corporate. Ultimately, Jinhui $ 280 million transfer of land use rights of the gas station to oil companies Sinopec Xinxiang, advance payment of 170 million, the two sides agreed, the remaining $ 110 million to be Xinxiang oil companies reported higher authorities approved after all pay clear. According to the Jinhui company several common decision to transfer the gas station director of land use rights testimony, given the company met with the prosecution of the former chairman, the situation is complex, the decision to transfer gas station land use rights and not after all the shareholders meeting to discuss their intention to The other shareholders of publicly the matter fully operational again. The Jinhui company accounts have been frozen, the creditor repeatedly bombarded arrears cases,

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, Xinxiang oil companies to pay 170 million is enough to pay off debts. Wang Shan Sheng and Wang Guangfu, Guo Yuejun, world music collective, after discussions, decided that this 170 million trying to present, are kept by the king of good l, we mutually agreed for the necessary expenses of the company,

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. Wang Shan-liter 170 million taken out, after the payment of land premium of 570,000 yuan, 380,000 yuan for projects over 140,

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,000 yuan, taxes, and other miscellaneous expenses, the remaining more than 576,000 yuan is still preserved in the king of good l at. After the investigation confirmed that more than 570,

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,000 yuan in cash neither the bank, nor diverted to other uses, but packed in a cardboard box and stored under the bed of the king of good l home. August 2005, Jinhui 3 months without wages. King of good l again to discuss with Chang Shih music and other three people, land transfer payments from their saved 3 has come up with 145,000 yuan wages for workers and lend on behalf of individuals Wang Jinhui, and clearly tell the cashier does not count interest. In March 2006, the king of good l outgoing chairman of the board, Zhang camps continue to serve as chairman. Two months later, the company employees of Chen Huanhui on behalf of the king of good l receive 1,000 yuan interest,

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, the king learned that this part can not receive the money should be returned to the company. "Is desperation, the modifications taken measures to save the company, I did not intend to earn interest." King of good l This argument has been confirmed several other directors. Wang Shansheng Several shareholders a clear violation of the practices of the financial system, eventually found --- August 23, 2006, Walker County Public Security Bureau on suspicion of "misappropriation of funds" Wang Shan-liter criminal detention, kept in their own homes "large sums of money, naturally became his" evidence of the crime of misappropriation of funds ". Wang Shan-liter told his wife, Hui-Fang Wang: "handling department you want, then put the money to pay up." September 5, 2006, the day of the king of good l is approving arrests of his wife will own in the company's fund-raising section 86000 yuan deducted, the remainder of the 345,

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,397.5 yuan to the Walker County Procuratorate. "Marathon" style thereafter during the trial,

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, the king of good l twice custody, a total of nine months and five days. Three trial three sentencing king good liter prosecution ushered constantly appeal, the continuous remand reciprocating cycle, as well as the the sentencing result of dramatic ups and downs in the trial. January 24, 2007, Walker County Court to the crime of misappropriation of funds of First Instance sentenced Wang Shan-liter criminal detention five months. Good l appealed against the verdict. Three months later, Xinxiang City Intermediate People's Court on the grounds of "unclear facts, insufficient evidence, ruled that the cassation, remand. October 10, 2007, Walker County court again sentenced to the crime of misappropriation of funds, the king of good or criminal detention five months. The king of good l pleaded not guilty to a second appeal. On December 13 of that year, Xinxiang Intermediate People's Court again ruled cassation, remand. The reason is still "unclear facts, insufficient evidence". Good liter unexpected,

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, Walker County Court in the case of all the facts have not changed, but the third retrial, the crime of misappropriation of funds, sentenced him to prison five years. Wang Shan-liter a third appeal, Xinxiang Intermediate People's Court criminal verdict is still cassation, remand. July 25, 2008, Walker County 法院对该案's fourth first-instance judgment back to the starting point --- the crime of misappropriation of funds sentenced Wang Shan-liter criminal detention 5. 4th appeal the face of the king of good l, Xinxiang Intermediate People's Court firmly "remand carried out in the end," the ball is kicked back to the Court of First Instance. April 13, 2009, Walker County 法院对该案, fifth first instance verdict, sentenced the crime of misappropriation of funds good liter criminal detention 9 months, while the amount of 86,000 yuan recovered good liter possession. Wang Shan-liter Fifth appeal. But this time, Xinxiang Intermediate People's Court and the Court of First Instance stalemate after a few years, to a 180-degree turn, finds the Wang Shan liter possession and used his position to sanction a sum of 145,000 yuan, their behavior had constituted the crime of misappropriation of funds. Accordingly, Xinxiang Intermediate People's Court ruling on June 11, 2009, rejected the appeal and upheld the original verdict. A source told "the rule of law in the weekend" reporter Wang Shan-liter two are in custody of a total of nine, two levels of courts in order to break the deadlock, apparently carried out the communication, the last time the actual custody of sentenced Wang Shan-liter penalty, which obviously is a higher court the result of a compromise. Wang Shan-liter strongly dissatisfied with the final judgment, again Xinxiang Intermediate People's Court to appeal was dismissed. Subsequently, Wang Shin liter complaint to the Higher People's Court of Henan Province, insisted that he had never seek a penny from self-interest, request acquitted. In May 2010, the Henan Provincial High Court decided to the arraignment this case. In the meantime, the Henan Province Procuratorate filed a protest to the Henan Provincial High Court in October 2010, identified Xinxiang Intermediate People's Court sentenced Wang Shan-liter misappropriation of funds does not hold. Henan Provincial High Court retrial that the king of good l custody of 170 million yuan of land transfer payments and is responsible for the expenditure necessary for the company, this decision is to be frozen in the company accounts, company operation extremely difficult premise, by a company vice president and principal director to consult together, and 1,268,602.5 yuan for the necessary expenditure. And $ 14.5 million in the land transfer payments to the king of good l own name lend companies also decided, after consultation with the main person in charge of the company, although the calculation of interest, but did not use a penny of the king of good l personal undrawn interest and cause any loss. Retrial have also been identified, except for the Jinhui necessary expenditures 126,802.5 yuan, Wang Shan-liter no unauthorized persons stored in the home of 431,397.5 yuan penny. Thus, despite the king of good or to own custody unit funds lent the unit to use the fact that an individual clear, but it does not constitute the crime of misappropriation of funds. November 22, 2010, the Henan Provincial High Court decided to revoke the judgment of the court of second instance, declared the king of good l innocence. Remand behind the hidden secrets when the long overdue acquittals finally become a reality this fight more than four years king of good l "tired heart",

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, but said in an interview with the "rule of law over the weekend," reporter, "just pick to judgment, I'm a little effort. " A simple fact the case, why has experienced four remand The court of second instance why not directly commuted What factors have led to the case in the first instance and the court of second instance "pass the buck" In the case of the facts are not in dispute, why the the sentencing difference so big A series of questions, not with the king of good l acquitted end. Xinxiang in the hospital, who asked not to disclose the names of the person in charge in an interview with the "rule of law over the weekend," reporter, said the appeal cases, the second instance If directly commuted, inevitably to take into account the relationship of the same level and lower-level public security organs, the judge faces a lot of pressure. In addition to the addition, in some cases, the families of the accused to court trouble, containment door, even cases are first instance courts, not in the hospital, in the hospital began to make trouble. It has never seen the original problem, is now very common. Consequences caused by the judicial authority, the law can not solve the problem alone, and some cases have been judgment several years still trouble, there is no way the court. It is in this case, especially in some of the background of complex cases, the lower court knowing that the decision was wrong, but because they can not transcend the hope that a higher court commuted; higher court and do not want to take over the "hot potato" to embrace the contradictions in his body. So, now the court system popular with a "hidden rules": "Who's the children who are taken away", the higher courts do not want to be carrying a lower court. Thus, there is repeated remanded to the trial of this "marathon" style. "There are some cases, the second instance direct change is not very good, have to let the court of first instance to correct." The person in charge of the Xinxiang Intermediate People's Court said, "the problem resolved as far as possible at the grassroots level, can not let the court with the same level procuratorate relationship to make it too stiff." shall be opened every remand, "the facts are unclear and insufficient evidence" has already become a familiar cliches, it is hard to distinguish the remand last remand for different reasons. "Cliches" behind, but it has cut, and chaotic complex background. Then, Wang Shin-liter, however this is a violation of the financial system, in the end how evolved into a criminal case, and the higher court neither supports lower court of first instance verdict,

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, did not dare directly commuted, and ultimately in the fact that there is no case of any change, compromise to the lower court to support a guilty verdict Interview the person in charge of the Xinxiang Intermediate People's Court did not directly answer a reporter's questions. Xinxiang in the hospital because of repeated remand to bear some accusing the Henan Provincial High Court also in the same way, Xinxiang Intermediate People's Court of First Instance judgment repeatedly remand. The official confirmed that, in their hands, and now there is the Provincial High Court repeatedly remand cases. Henan Provincial High Court apparently noticed this problem. On September 16 this year, the Henan Provincial High Court made a "specification remand hearing requirements of the province's courts at all levels in the second trial and retrial cases, should be in accordance with the principle of law, careful, rigorous specification remand. The second trial or retrial court for the original referee fact is unclear or insufficient evidence cases, only remand once again remand on the ground, not facts are unclear or insufficient evidence. "King of wishful think, Xinxiang, vice president In judicial practice, should try to reduce the remand, but the courts at all levels do exist cases repeatedly remand persistent issues. "Now although the development of the relevant provisions, but it is difficult to fundamentally solve."