Why is there a phenomenon of single-handedly covering the sky in a society governed by the rule of law?
Things have to start from March 2018, when Ms. Zhu began to cooperate with Tian and his wife, Ms. Zhu used her spare time to develop and find foreign trade orders, docking foreign customers, and then handed over to Tian to be responsible for domestic production, in mid-April 2018, Ms. Zhu felt limited energy, resigned from the senior management position of a listed company in Huizhou, Guangdong, in her own home in Huizhou, Guangdong, using the network to develop customer resources, the hardworking and simple Ms. Zhu also joined the Chinese Life Huizhou Insurance Branch in April 2021,** Insurance business.
Tian and her husband Ma Mouming opened a Hubei Fairy Tale Company in Xuan'en County, Hubei Province, which mainly produces toys and gifts, so Ms. Zhu is mainly looking for customer resources in toys and gifts, and then produces or posts shipments through the Hubei Fairy Tale Company operated by Tian's husband, and it is safe and sound until the beginning of 2022.
In April 2022, Ms. Zhu negotiated a foreign trade toy order of 30 million with a Mexican customer, which was handed over to Tian to organize production. Tian and his wife run Hubei fairy tale company does not have the ability to produce the product, so Tian in Wenzhou, Zhejiang looking for outsourcing processors, but Wenzhou's outsourcing processors can only produce part of the simple style, at this time Tian and his wife feel that there is no way, plan to breach the contract and abandon the order, let Ms. Zhu find a way to solve it, because foreign customers have purchased the copyright and made a deposit, the customer is very anxious, the customer has repeatedly asked Ms. Zhu for help, must complete the order, so Ms. Zhu took the risk of rapid component team in Huizhou, Dongguan, Shenzhen, Heyuan is looking for a processor. After a lot of investigation, negotiation and bargaining, Ms. Zhu finally found six processors in Dongguan and Heyuan, and facilitated Hubei Fairy Tale Company to sign processing contracts with six outsourcing processors, and the unit price was slightly lower than the unit price in Wenzhou.
Due to Ms. Zhu's super high business negotiation and process control ability, Dongguan and Heyuan processors have profit margins in this order, and Ms. Zhu clearly told the salesman in Dongguan and Heyuan that the business expenses need to be paid to Ms. Zhu after the order is concluded.
After several months of hard work, Ms. Zhu's team finally completed the production of the order, Ma Mouming, Tian's Hubei Fairy Tale Company only played the role of a posting company, net profit of about 10 million yuan, Dongguan, Heyuan six outsourcing factories are profitable, Dongguan, Heyuan processor salesman cashed Ms. Zhu 990,000 business expenses.
However, in August 2022, Tian and his wife broke the appointment and refused to fulfill the more than 100 business expenses promised to Ms. Zhu in the early stage, and only paid 20,000 yuan.
In September 2022, Ms. Zhu decided not to cooperate with Tian anymore, and the new orders were no longer handed over to Tian to be responsible for production.
In October 2022, after knowing that Ms. Zhu did not send the order to them but produced it herself, they resented it, and jointly accused Ms. Zhu of embezzlement in Hubei Xuan'en, and forcibly identified Ms. Zhu as an employee of Hubei Fairy Tale Company.
At present, the Xuan'en J Procuratorate has ascertained that Ms. Zhu's own team completed the order from receiving the order to delivering the order, and the fairy tale company did not invest in the fulfillment of the international order, and the fairy tale company did not participate in production or other acts except for the income and expenditure according to Ms. Zhu's arrangement. In the process of Ms. Zhu's completion of the international **, the fairy tale company made a net profit of tens of millions without any payment.
Ms. Zhu has been living in Huizhou, Guangdong Province for a long time, and Hubei Fairy Tale Company is unable to provide "wage payment vouchers or records (employee payroll roster) and records of payment of various social insurance premiums"."Recruitment records such as the registration form and the registration form filled in by the employee;In the case of "attendance records", the judicial authorities could not determine the existence of an employment relationship between Hubei Fairy Tale Company and Zhu Chunhong, both in terms of substance and procedure.
The Xuan'en J Procuratorate has ascertained that Chinese Shou has issued a work card to Ms. Zhu, checked Ms. Zhu's attendance, and paid Ms. Zhu's salary, and the Xuan'en J Procuratorate has found that the materials provided by the fairy tale company are not sufficient to determine that there is an employment relationship with Ms. Zhu, and according to the rules for the pre-arbitration of labor dispute cases, if the fairy tale company has the confidence to determine that it has established a labor relationship with Ms. Zhu, then the fairy tale company will inevitably initiate labor dispute arbitration.
The Xuan'en Procuratorate has ascertained that Ms. Zhu is a foreign trade talent who is determined to contribute to the economic development in the process of reform and opening up, but has been procedurally delaying the trial of the case. The Xuan'en J Procuratorate reviewed the prosecution on February 8, 2023, and did not file an indictment with the Xuan'en Court until July 4, 2023. In March 2023 and May 2023, the Xuan'en Procuratorate twice asked the public security organs to supplement the evidence of falsification of incriminating crimes, which could not but raise questions about judicial fairness. The judicial process is supposed to be fair, transparent and lawful, and such repeated requests for additional alteration of evidence raise doubts as to whether the J Prosecutor's Court has sufficient evidence to support its allegations. What is even more worrying is that after the J Procuratorate transferred the case to Court F in July 2023, it again asked the public security to supplement the altered evidence after holding two pre-trial conferences in September 2023, and it is unbelievable that it also requested the altered evidence again after the end of ** on October 27, 2023, and on December 18-19, 2023, it again ** submitted altered evidence, which seems to be to achieve some ulterior motive and further intensify the questioning of judicial fairness
As a judicial organ, the duty of the procuratorate is to uphold the fairness and justice of the law and protect the rights and interests of citizens. However, no matter from which angle of analysis, the Xuan'en J Procuratorate has gone too far in handling this case, and it is difficult for the parties to eliminate whether they are helping the so-called victims, or dare not offend the umbrella of the fairy tale company.
Obviously, it was Tian and his wife who broke the appointment first, and it was obvious that Tian and his wife received a net profit of tens of millions without any payment, but Ms. Zhu is now detained in the Xuan'en County Detention Center. How does this work?Mr. Ma and Mr. Tian identified Ms. Zhu as an employee of their company, and Ms. Zhu was an employee of their companyMr. Ma and Mr. Tian sued Ms. Zhu for the crime of embezzlement, and Ms. Zhu committed the crime of embezzlement
The Mexican client believed that Ms. Zhu was the client's partner in Chinese mainland and had never recognized other partners, and after the Mexican client knew that Ms. Zhu had been wronged, she was very worried about Ms. Zhu and wrote to the Chinese police, indicating that she had been cooperating with Ms. Zhu based on her recognition of her professional ability, not with others.
After the investigation was concluded by the investigating organs, the public prosecution twice returned for supplementary investigation, and the evidence still could not rule out the extent to which the public prosecution had reasonable doubts about the evidence in this case and that supplementary investigation was still necessary.
To sum up, there are many doubts, why do you still have to mercilessly detain Ms. Zhu?
Behind this bizarre act, what kind of earth-shattering conspiracy is hidden, what are the unknown shady scenes, I and the general public are looking forward to the day when the truth will come out, and we always firmly believe that the rule of law society, the sunshine will break through the darkness, justice may be delayed, but it will never be absent.
Here, I also implore the relevant leaders to pay attention to this case, start from the evidence and facts, give Ms. Zhu a fair and just verdict, let her regain her freedom, and do not let her lose her freedom after making great contributions to society.
At the same time, it is also hoped that the determination of the crime of embezzlement in public office will be strengthened to prevent the recurrence of similar unjust, false and wrongly decided cases.
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