My name is Xu Weiguo. The unjust case that I have painstakingly appealed for 10 years was investigated and handled by the Anti-Corruption Bureau of the Macun District People's Procuratorate in Jiaozuo City, Henan Province. On the facts of the alleged crime, the bureau in the issuance"The Case Solved".said:"After the criminal suspects Xu Weiguo, Zhang Jianqiang, and Wang Chunsheng arrived at the case, they respectively explained to the case-handling personnel the cultivated land reclamation fee of the Macun Branch of the Jiaozuo City Land and Resources Bureau 39The criminal facts of 40.95 million yuan, the case was solved". InProsecution Opinion, they put it this way:"The suspects Xu Weiguo, Zhang Jianqiang, and Wang Chunsheng are suspected of jointly ** the land reclamation fee of the Macun Branch of the Jiaozuo City Land and Resources Bureau 3940.95 million yuan".
However,The evidence in the case does not support the fact they believe.
1. The Macun Land Bureau is not qualified to collect cultivated land reclamation fees and has no right to collect cultivated land reclamation fees.
Cultivated land reclamation fee is an administrative fee. YuArticle 30 of the Land Administration LawProvisions:The State implements a compensation system for the occupation of cultivated land. Where the occupation of cultivated land is approved for non-agricultural construction, the unit with a lower occupation shall be responsible for reclaiming cultivated land equivalent to the quantity and quality of the occupied cultivated land in accordance with the principle of "how much is occupied, how much is reclaimed"; Where there are no conditions for reclamation or the cultivated land does not meet the requirements, the cultivated land reclamation fee shall be paid in accordance with the provisions of the province, autonomous region, or municipality directly under the Central Government, and the special funds shall be used for the reclamation of new cultivated land.
Documentary evidence as set out in the judgement38Administrative Measures for the Collection and Use of Cultivated Land Reclamation Fees and Land Idle Fees in Henan ProvinceThe subject, object, conditions and procedures of the fee collection are clearly stipulated, which is the basis for the collection and payment of cultivated land reclamation fees in Henan Province. According to the document, the provincial and municipal land administrative departments are the main body of the collection of cultivated land reclamation fees. That is to say,In Jiaozuo, only the Henan Provincial Department of Land and Resources and the Jiaozuo Municipal Bureau of Land and Resources are eligible to levy cultivated land reclamation fees. The Macun Land Bureau is a public institution and is not eligible to collect cultivated land reclamation fees.
Macun Land BureauToll Permiton,There is also no fee for cultivated land reclamation.
February** Dynamic Incentive Program
Screenshot of the verdict Documentary Evidence No. 36, Fee Permit, No Permit Content for Collecting Cultivated Land Reclamation Fees).
2. According to the policy, no cultivated land reclamation fee will be charged for projects linked to increase or decrease.
Failure to achieve a balance between occupation and compensation is a prerequisite for paying cultivated land reclamation fees. In this case,The land used for the Everbright Automobile Project is declared on a case-by-case basis. The increase and decrease linkage is a new policy issued to implement the "Decision on Deepening Reform and Strict Land Management" (Guo Fa [2004] No. 28), which was only introduced by Henan Province in 2009Interim Measures for the Pilot Project of Linking the Increase and Decrease of Urban and Rural Construction Land in Henan Province(Yu Zheng Ban [2009] No. 124). The linkage between increase and decrease means that the land reclamation in the demolished old area is linked to the cultivated land occupied by the new area, and "the cultivated land for land consolidation and reclamation in the demolished old area should be increased in quantity and quality compared with the cultivated land occupied by the new area". In other words, the premise principle of the preparation of the project linked to increase and decrease is the balance of cultivated land occupation and compensation. In this regard, Henan Provincial Department of Land and ResourcesNotice on Printing and Distributing the Safeguard Measures for the "Five Major Projects" and the "Seven Major Action Plans" for Services, also clearly stipulate the increase and decrease linkage"Paid use fees for new construction land and cultivated land reclamation fees will no longer be charged."
3. The fact that the Macun Land Bureau did not collect cultivated land reclamation fees from the land-using units of the increase or decrease linked projects.
In this case, there were a total of 8 land use projects in the "Macun District 2010 First Batch of Urban and Rural Construction Land Increase and Decrease Linked Projects", and the Macun Land and Resources Branch did not charge cultivated land reclamation fees for the land use projects in the Jianxin District before and after compiling and applying for the "Macun District 2011 First Batch of Urban and Rural Construction Land Increase and Decrease Linked Projects" (even if there were no illegal fees).
4. The Macun Land Bureau certified that "Everbright Driving School (note: i.e. Everbright Automobile Service Company) is supplemented by the land-using unit on its own, and according to the regulations, our bureau does not charge cultivated land reclamation fees. ”
We went to prison in March 2015. In August 2015, Lu Chuanbao, director of the Macun Land Bureau, and Sun Yinxing, deputy director of the bureau, were investigated by the Anti-Corruption Bureau of the Xiuwu County Procuratorate in Henan Province. In their case, the Macun Land Bureau issued a certificate stating:"In 2011, our bureau handled the first batch of urban and rural construction land in Macun District in 2011 to increase and decrease the linked project, this project involves a total of 8 land units, including Shengyou Machinery *** Liangma Building Materials *** Everbright Driving School three projects have been built to occupy an area, by the land unit to supplement the cultivated land, according to the regulations, our bureau does not charge cultivated land reclamation fees. ”(Note: Everbright Driving School is Everbright Automobile Service Company).
The above evidence is sufficient to confirm that the Macun Land Bureau has neither been able nor to collect cultivated land reclamation fees. The Macun Anti-Corruption Bureau determined that it was not a fact that we had "paid the farmland reclamation fee of the Macun Land Bureau".
The facts are confirmed by evidence. A fact does not exist, and the evidence used to support it must be false.
In addition to contradictory confessions and testimony, the evidence used by the Macun Anti-Corruption Bureau to substantiate the facts of the crime charged by the Zhongma Village Anti-Corruption Bureau in the file mainly includes the following evidence (the evidence serial number in the verdict): documentary evidence.
Verdict (partial screenshot).
Documentary evidence listed in the judgement28
Documentary evidence listed in the judgement27
Documentary evidence set out in the judgement30
Documentary evidence set out in the judgement32
These four certificates were all issued by the Macun Land Bureau, which proved that Everbright Automobile Company should pay more than 540,000 yuan in cultivated land reclamation fees to the Macun Land Bureau, which proved that the Macun Land Bureau had collected cultivated land reclamation fees. In addition, there is a receipt for receiving the payment.
This is the only receipt for the cultivated land reclamation fee collected by the Macun Land Bureau.
The factual logic of the Anti-Corruption Bureau's determination is as follows:
1. The Macun Land Bureau can collect cultivated land reclamation fees (supported by receipts).
2. The South-to-North Water Diversion Resettlement Community in Jiaozuo City used the three remediation indicators of 16 mu of the Macun Land Bureau, and paid the cultivated land reclamation fee to the Macun Land Branch (supported by two documentary evidence).
3. Everbright Automobile Company also used the three remediation indicators of the Macun Land Bureau, and should also pay the cultivated land reclamation fee (documentary evidence) to the Macun Land Bureau.
These three facts are linked to each other, because of one, there are two, and because of two, there are three. It can be said that this receipt is the core and foundation of the entire chain of evidence.
The testimony of Zhang Lili and Lu Chuanbao confirmed that this fee was the only "cultivated land reclamation fee" collected by the Macun Land Bureau. Comparing this receipt with documentary evidence 38 "Administrative Measures for the Collection and Use of Cultivated Land Reclamation Fees and Land Idle Fees in Henan Province", there are the following problems: 1. The bill is incorrect. The collection of fees should be "administrative and institutional fee bills uniformly supervised by the Provincial Department of Finance", and this bill is only an ordinary internal bill, and according to the regulations, this kind of bill cannot be used to collect fees. 2. Contradict the charging items recorded in the charging permit. Administrative institutions must first apply for a fee collection permit before collecting fees, and if there is no such fee item on the fee collection permit, this fee is illegal. 3. The fees shall be handed over to the special financial account at the same level, and the special funds shall be used for special purposes. This fee was paid to the account of the Macun Land Bureau, and Lu Chuanbao was able to directly sign for the expenditure.
Henan Province cultivated land reclamation fees, land idle fees collection and use management measures" excerpt.
It can even be said that Lu Chuanbao colluded with the relevant personnel of the South-to-North Water Diversion Project to use his authority to embezzle the funds of the South-to-North Water Diversion Project.
Lu Chuanbao was appointed director of the Macun Land Bureau in September 2010, and as soon as he took office, he said that he had a very strong relationship with the director of the city's South-to-North Water Transfer Office, and that the South-to-North Water Diversion Project was a major national project, and the money was very large. Director Duan was going to give him some money. Subsequently, the South-to-North Water Diversion Project transferred money to the Macun Land Bureau several times. Since 2018, I have colluded with others to embezzle more than 200 yuan of the national South-to-North Water Diversion Project, and have repeatedly reported to the Commission for Discipline Inspection and the Procuratorate, and the relevant departments have now verified that the South-to-North Water Diversion Project has transferred more than 11.77 million yuan to the Macun Land Bureau in the name of land requisition management fees and cultivated land reclamation fees (of which 10.04 million yuan is authorized by the Macun Land Bureau to collect on behalf of the Municipal Land Bureau), but there has been no result so far.
If the first fact is problematic, the second fact premised on him is not true.
Before the first trial, the defense lawyer raised objections to the two proofs of documentary evidence, and the case-handling personnel went to the Macun Land Bureau to investigate, and the bureau issued another certificate. According to the certificate, the South-to-North Water Diversion Project is used to supplement cultivated land. However, Judge Zhou Baoxing insisted on accepting the original two proofs, hiding the new evidence, and did not express it in the verdict.
After I was released from prison in September 2022, I submitted an application for disclosure of government information to the Jiaozuo Municipal Bureau of Natural Resources and Planning (formerly the Jiaozuo Municipal Bureau of Land and Resources) and the Macun Branch of the Jiaozuo Municipal Bureau of Natural Resources and Planning (formerly the Macun Land Bureau) on the basis of two pieces of documentary evidence, requesting access to the land files of the South-to-North Water Diversion Project. The Macun Self-regulation Branch replied: "Our bureau does not belong to the administrative organ of approval, production and preservation, and will not provide it." The Municipal Self-regulation Bureau replied: "Our bureau does not have any files for agricultural conversion and land supply for the South-to-North Water Diversion Project in the Chengzhai Resettlement Community." In other words, there is no such land project at all!
The office of the construction headquarters of the middle line of the South-to-North Water Diversion Project in Macun District, Jiaozuo City, does not have the construction land project of the "South-to-North Water Diversion Project in the Walled City Resettlement Community", and the documentary evidence issued by the Macun Land Bureau is both forgery.
The Macun Land Bureau collects bills for the reclamation of cultivated land for the South-to-North Water Diversion Project, and there is no corresponding construction land project. The fees do not meet the policy requirements and procedural requirements for collecting cultivated land reclamation fees, which is a typical arbitrary charging behavior! This act has nothing to do with this case!
Lu Chuanbao charged indiscriminately, but they used this indiscriminate charging bill to prove my guilt. Let me pay for their illegal and criminal acts, what could be more despicable and shameless!