The private economy is an important achievement of the socialist market economy, and the business environment is the foundation for the development of market players and the source of vitality. The report of the 20th National Congress of the Communist Party of China proposed: "optimize the development environment of private enterprises, protect the property rights of private enterprises and the rights and interests of entrepreneurs in accordance with the law, and promote the development and growth of the private economy".
Recently, the public report after the excerpt of Ma Yijiayi's letter by "China Business Daily" has caused many ***
Excerpts from Ma Yijiayi's letter include: In September and October 2023, Chairman Zhu Moumou, Chairman Liu Moumou, and Shuicheng District Legal Counsel Han Moumou and Chen Moumou negotiated with Lawyer Tang and Hou Moumou many times, saying that "the district will use 15 million yuan to resolve all debts of more than 200 million yuan", and then said: "The district will give 12 million yuan to resolve debts of more than 200 million yuan." He even slandered me Ma Yijiayi for "going to Macao many times to gamble money, gambling and losing tens of millions of yuan", etc., Ma Yijiayi has never been to Macao and has never crossed the border, so I can go to the immigration center to inquire. As a public leader and legal counsel of Shuicheng District, he publicly slandered the client Ma Yijiayi for evading debts. (Negotiation participants Hou and Qu both had audio recordings, and their mobile phones were seized by the Shuicheng District Public Security Bureau.) ）
I am an ethnic minority female entrepreneur, who made contributions to the fight against the epidemic in Liupanshui City during the epidemic, and won the certificate of merit and other commendations from the Guizhou Federation of Industry and Commerce, Liupanshui** and Liupanshui** public commendation, funded countless poor students to go to school, promoted the employment of the disabled and veterans, contributed to the tax revenue of Liupanshui City, contributed to the poverty alleviation of Shuicheng County of Liupanshui City, and contributed to the 4A level of Yeyu Scenic Area in Liupanshui City.
Ice and snow, Chinese New Year's Eve, still with hundreds of workers to stick to the construction post construction, day and night 24 hours rush construction period, and finally was crossed the river to dismantle the bridge, after the enterprise was owed project money, debt, borrowing money everywhere, employees are unemployed, the enterprise goes bankrupt and becomes a dishonest person, workers have no work to do plus the epidemic, the elderly have no money **, children have no money to go to school, high debts, displacement, I was beaten and fractured my left rib so far, my right leg cannot walk normally, hiding **, living in a nightmare of fear all the time, the contractor ** When the public leaders deceived their superiors and subordinates and led people to beat me, spit on me, and put me under house arrest, when they entrusted lawyers Tang and Hou, I hope they can use the law to protect the weak.
Why is it that no one cares about the two official seals of a court? Why did the enforcement judge unfreeze the frozen funds without permission? Isn't it illegal for the dean's instructions to be directed? Why don't forest companies dare to audit their accounts? Where did the hundreds of millions of fraudulent loans go? Why does the forest company become an empty shell, and what about the money?
At this point, tears are like rain, and I am unwilling, and it is difficult to accept the law without governing the people. I may well be arrested in a few days, but as long as it is not a death sentence, the purpose of life today is: "You must ask for an explanation, unless you put me to death." ”
A number of documents show that in 2021, after Ma Yijiayi reported the relevant situation to Liupanshui City and Guizhou Province, the Forest Company and the Yeyuhai Management Committee respectively issued documents to prove that the arrears of the project payments to the two enterprises under Ma Yijiayi's name were true, and explained that the failure of the project to be audited was the reason for the employer.
On September 3, 2021, CCTV reported on this, and the local ** responded that it would repay the debt as soon as possible.
The report also pointed out that at the end of 2023, on the day of the hearing of the Guizhou Provincial High People's Court, Ma Yijiayi was criminally detained by the local public security on suspicion of picking quarrels and provoking trouble.
Before her, more than 10 people, including lawyers and paralegals who executed her ** debts, had been criminally detained, and were suspected of picking quarrels and provoking trouble. The matters involved, that is, lawyers and others have published relevant debt and litigation information on Weibo and Douyin. The lawyer also mailed a letter reporting ****** in Shuicheng District to this ** himself. The content of the report involves non-payment of debts, illegal unfreezing, and the whereabouts of a large amount of funds.
Effective judgments, enforcement rulings and other materials show that at least 4 of the total debts determined by litigation are 6954630,000 yuan. According to enterprise statistics, there are 15,247 arrears for other projects660,000 yuan, that is, Shuicheng District, Liupanshui City, owes about 2 to the enterprise200 million yuan. A report document from the local government admitted that there were more than 9,000 yuan in arrears.
It has been confirmed by many parties that before Ma Yijiayi and others were arrested, District ** once proposed to settle all debts with 12 million yuan, but she and ** lawyer refused, and the case was immediately reported.
The Corporate Integrity and Compliance Research Base of the China Anti-Corruption Judicial Research Center believes that the above-mentioned report first involves the implementation of effective court judgments, and then the legality of the rights protection of enterprises and their people.
With regard to enforcement by the courts, the people's courts shall strictly exhaust judicial compulsory measures in accordance with law, resolutely and mercilessly seal, freeze, and auction assets that can be enforced, resolutely impose judicial sanctions on persons and units that illegally obstruct and undermine enforcement, and resolutely transfer those suspected of the crime of refusing to enforce the law to the public security organs for filing and investigation.
As for the entrepreneur and the lawyer in this case who were criminally detained in batches on suspicion of picking quarrels and provoking troubles in the course of rights protection, it should be believed that the political and legal organs will carry out an investigation "based on the facts and the law" to ensure that the innocent are not prosecuted. Even if a crime is constituted, attention should be paid to the fact that there is a case in the case, so it is lenient in accordance with law.
The rule of law is the best place to do business. When the legal property rights of enterprises are not always in place, we should not only use the rule of law thinking to reflect on the gains and losses of enforcement, but also use political thinking to guide us on how to truly protect the business environment of private enterprises.
Because we abide by the contract, we believe in the investment expectations. And the strict law enforcement and justice in accordance with the law is a reliable guarantee that we believe expects.
As for how we defend our rights, we must also walk within the framework of freedom granted by the legal system. After all, discipline and law risks are the biggest risks for enterprises and entrepreneurs.
There is a kind of supervision called journalistic supervision. We hope that after the disclosure of China Business News, the enforcement of the judgment of the case and the merits of the relevant personnel will be quickly handled in accordance with the law.
Writers: Liu Yaohua, Wu Jiaqi.