the case has gone almost a year.

HGFFG2tx2DF · 發表於 2015-3-4 12:02:14

Southern Rural News reported on July 29: "The law relationship is complex, involving a wide range," which is the Shanwei City, Guangdong Province Intermediate People's Court of First Instance to intervene Lufeng agricultural supply and marketing cooperatives West Lake Station (hereinafter referred to as the West Lake agricultural station) v. City AIC main fishing grounds enforcement case. This also shows that public opinion is producing torrents growing influence, the judiciary has played this Guangdong "Business accused of fishing law enforcement," the first case given adequate attention.
Everything starts with fake fertilizer incident last May. That time, the first to sign out of a Legal Times "Guangdong Lufeng fake seized more than 800 tons of fertilizer," the article, saying it was "a false Lufeng Jianshiyilai largest agricultural case", became heavily involved in the relevant promoter. However, as the dig Southern Rural News,http://tongd.com.cn/home.php?mod=space&uid=429538, CCTV and other media, the truth becomes clearer, "800 tons fake fat" is actually "8 tons suspected fake fat", "fake goods" only "selling" .
Today,http://www.cqahr.org/forum.php?mod=viewthread&tid=690088, Lufeng City of Industry, sued fishing law enforcement, so that the matter further turmoil. June 2,hogan scarpe prezzo, the case hearing. Court, Lake West agricultural station boss Ching Chuang Yi said: "City of Industry,louboutin femme, fishing law enforcement, fraud case trap us, we revoke the business license and unlawful deduction of up to 338 days, resulting in the loss of 150,000 yuan, should bear responsibility." And Lufeng City of Industry, argued: "I am the plaintiff bureau specific administrative act of administrative punishment, the facts are clear, the evidence is conclusive, applicable laws, regulations correctly, in line with legal procedures."
Who is right, the first trial is pending. Guangdong Provincial Procuratorate, a prosecutor told reporters that: events may not complicated, the key still in the relevant departments to in-depth investigation.
8 t fake fertilizer or 800 tons?
He pliers, fake fertilizer complainant, Lufeng town Chuk Hang Dong village head. He said they found early West Lake Station by selling agricultural fertilizer false, in order caught red-handed, set a trap catch fake.
According to He said that last May 13, he called the West Lake agricultural station owner Li line sent 80 packages (50 kg per bag) Con fertilizer. When unloading half finished fertilizers, where pliers phoned Lufeng City of Industry Complaints buy fake fat. City of Industry,http://bbs.qiyue.com/home.php?mod=space&uid=433623, come immediately, seizure of vehicles and storage of fertilizer (including previously purchased Kang Ho clamp fat, 143 packets), and sample testing. Subsequently, the City of Industry, went to West Lake Station agricultural surveys and sampling, on-site storage bag 70 Con fat, total 213 sealed package.
Two weeks later,http://218.22.200.28/forum.php?mod=viewthread&tid=8355994&fromuid=15667, Shanwei City Quality Supervision detection test report released. The results showed that Kang Ho clamp fruit fertilizer nitrogen content of 16.99% random places, qualified; but phosphorus and potassium content was 0 for substandard products; and two samples extracted Lake West agricultural station, testing Result: a qualified, one for failure, the failure of the reasons is the phosphorus and potassium content of 0. After Jung Chuang Yi questioned, Guangdong Province fertilizer and pesticide product quality supervision and inspection stations also made,http://www.ahlvyou.com/thread-349375-1-1.html, and the results roughly the same.
Making it difficult to confirm the number of fake fat, resulting in different versions of the data. As a preliminary investigator, Southern Rural News has discovered this fact. There are two main figures: 800 tons, is the number of a Legal Times reported; 8 tons, the maximum number of suspected fake fat Zhuang Yi Zhen admitted.
In April this year, Lufeng City of Industry, finds that Li line to buy counterfeit Con total fat 8 tons (160 packages), which 7.75 tons (155 pack) was sold to what pliers.
Duchenne source is another big question in this case. Li line reflects last May 9, May 12,offerta woolrich, a driver surnamed Deng crossing the two batches of fertilizer directly to Lee pulled stalls located in 324 national highway that is the way to pull from the port, to less than per pack normal selling price of the price of 2 yuan. Lee said that I do not know there are fake fertilizer, then buy. After the accident, the driver surnamed Li Deng find phone numbers from a bad book,http://8hpmuu.com/forum.php?mod=viewthread&tid=1103626, but industry and commerce, public security departments have not contact with this number.
In the media coverage and continued focus on the Trade and Industry Bureau, Trade and Industry Bureau Lufeng unprecedented attention on the case. Last June,hogan interactive donna outlet, the Trade and Industry Bureau considers Li-line sales of fake fertilizer large amount of money involved, there are suspects, approached many times with the public security organs, requesting their reconnaissance. After August 6, the Trade and Industry Bureau has three consecutive files transferred to Lufeng Municipal Public Security Bureau, the request reconnaissance. But then, the business sector Lufeng Municipal Public Security Bureau reply, that the case did not meet the standard criminal case inadmissible.
Zhuang Yi Zhen said, "At that time, things have not fully characterized, we have suffered a lot of pressure. Li line is an honest man, I'm home in Xinjiang, the local situation not familiar with light notes, Li OK to do seven times, and I do 2 times. I was Xiangtiao Lou suicide. "
April 16 this year, Lufeng City of Industry, finally issued a paper administrative penalty decision, the case was closed: Lake West agricultural station revoke business licenses, confiscate 148 bags of fake fertilizer, illegal income 2015 yuan, a fine of 70,giubbotti woolrich outlet,000 yuan.
So far, the case has gone almost a year.
Whether fishing industry and commerce law
Over the past year, Zhuang Yi Zhen after thinking it always felt a strange thing, "engaged in the agricultural supply 10 next year, sold out the fat never appeared false."
She told reporters: "After the incident, the Trade and Industry Bureau and the Public Security Bureau of Economic Investigation Brigade launched a dual investigation, but the township dealerships with us about the farmers, who did not prove that we sold a fake fat."
She added: "After the incident, what we had to ask for 450,000 yuan clamp huge compensation we think it is blackmail, do not ignore the results of Industry, on the increased efforts to handle cases.."
You claim to Ho told reporters that it did require the Lake West agricultural station had 450,000 yuan in compensation, which is based on the loss suffered by his own determination.
Chuang Yi Ching said: "Last May 9, the driver surnamed Deng contracted to sell 80 Jun Kang fat line; May 10, where pliers to buy 30 packs to Lee; May 11, where they buy 80 packs clamp Con fertilizer; May 12, the driver surnamed Deng Li line has sold 80 packs Con fat, then what clamp on the line to order 80 Jun Kang fertilizer bag with a cell phone; May 13 morning, the delivery to He pliers farm after the unloading process, the Trade and Industry Bureau law enforcement personnel arrived, He took the opportunity to mention the huge compensation pliers. From a series of process point of view,http://www.foss.lk/comment/profile.php?uid=30, this is obviously an organized, premeditated industrial and commercial fishing law enforcement case. "
Business did not have to do, Zhuang Yi Zhen think we should resort to the law. October 9 last year,http://www.36ke.org/home.php?mod=space&uid=54877, she sued the City of Industry demanded the return of the detained co-Gee Kang fat and detained vehicles. Later, the Trade and Industry Bureau initiative to return 65 inclusion Gee Kang fat, Zhuang Yi Zhen withdrawal.
However, the vehicle has not yet been put detained. April 21 this year, Zhuang Yi Zhen again to Lufeng court to require the City of Industry, revoke the administrative penalty decision made due to fishing law enforcement, restitution and compensation for economic losses incurred vehicle resulting $ 150,000. This time, Lufeng court submitted to the Court of First Instance heard Shanwei.
Court, Zhuang Yi Zhen court questioned Lufeng Trade and Industry Bureau: "What clamp how to complain and Industry Bureau which offers to accept complaints which reception staff how to record all complaints????" Surprising is that on these issues, Lufeng City of Industry, the court actually said "unclear." Chuang Yi Ching said: "Through these mysteries, it can be inferred that the case 'false complaints, really fishin'." However, Lufeng Trade and Industry Bureau, a leader of the reporter explained:. "We did not participate in the enforcement proceedings agent, of course, do not know the details."
Zhuang Yi Zhen also point out the existence of "false": In the same time period, two law enforcement officers appear in two different places at the same time taking note, and law enforcement officers also made unauthorized tampering with the Li line on the scene of the time; the seizure list, appeared before and after the batch number and the corresponding self-contradictory; what time pliers contradictory complaints.
For the question, Lufeng Trade and Industry Bureau is an error of law enforcement instruments appear to respond, not false, and He also denied complicity pliers.
Administrative enforcement procedures of dispute
In addition to fishing law enforcement, Zhuang Yi Zhen also reflect problems Lufeng Trade and Industry Bureau in the administrative enforcement procedures, law enforcement discretion.
Zhuang Yi Zhen said that last May 13, when the business of law enforcement, the delivery truck and car Con fat 40 packages were seized 20 bags of urea to the Trade and Industry Bureau; July 8, because the provincial authorities to detect, find little fertilizer truck on all missing.
Chuang Yi Jung noted that since law enforcement officers suspected transfer package 40 package Con fertilizer on small trucks, as well as how to clamp around the two 104 property inventory Con fertilizer package itself contradictory, so the test results with the Lake West agricultural station nothing to do. Based on this, she believes that the number of fat can only be identified as fake 5 pack.
Lufeng Trade and Industry Bureau in the "administrative penalty decision" in the identification, Lake West agricultural station to buy fake driver surnamed Deng Kang fat altogether eight tons, twice the total purchase price of 22,800 yuan, of which 7.75 tons sold to three times what pliers The total sales of the purchase price 24,180 yuan, the illegal income of 2015 yuan. But according to the civil court verdict Lufeng in force (Lake West agricultural station sued Ho pliers, asking them to return the unpaid purchase price) display, including two on May 11, May 13 delivery, where neither pliers to pay the purchase price, there is no income Lake West agricultural station.
Zhuang Yi Zhen said, according to the law, for the general administrative enforcement cases, SAIC shall, within 90 days closed, but the case was settled in 338 days, it is abuse of power, ignoring normal handling deadlines and procedures. Lufeng Trade and Industry Bureau believes that because Li line has been to avoid investigation, resulting in cases of delayed end. But Chuang Yi Ching said: "Li line has done a survey record seven times, how not to cooperate?"
From Lufeng Trade and Industry Bureau issued a "notice of administrative enforcement measures to lift" visible, Trade and Industry Bureau since May 13 last year to April 16 of this year the date detained Li line minivan totaling 338 days. Zhuang Yi Zhen said, "Guangdong industrial and commercial authorities dealt with the case of certain provisions of the economy" in the long-term detention of the parties shall be clearly defined property, to confirm without punishment, usually within a week will be refunded party property. The Lufeng Trade and Industry Bureau said it had seized during the investigation powers of the vehicle, without the application of these provisions. (Source: Southern Rural News)

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