Xie Wenkai
He is currently a member of the Inspection Committee of the Wuqing District Procuratorate of Tianjin and the director of the Third Procuratorial Department. In 2019, he hosted the "Quanjian Company's Extraordinarily Large Pyramid Scheme Case" that shocked the whole country, and continued to work hard in the field of combating pyramid schemes, leading the "Xie Wenkai Crackdown on Pyramid Scheme Crime Training and Case Handling Team" to continue to carry out theoretical research, guide case handling, training and teaching, and provide a "Tianjin sample" for the national crackdown on pyramid schemes.
Xie Wenkai presided over a public hearing on a criminal appeal case.
Motto: Rise to the challenge and prove yourself with strength
Xie Wenkai, 38, is currently a member of the Procuratorial Committee of the Wuqing District Procuratorate and director of the Third Procuratorial Department of the Wuqing District Procuratorate of Tianjin. In Tianjin's procuratorial system, everyone knows that Xie Wenkai is an expert in cracking down on pyramid schemes. This kind of trust stems from the "Quanjian Company's Mega Pyramid Scheme Case" hosted by Xie Wenkai in 2019 that shocked the whole country, and also stems from his deep efforts in the field of combating pyramid scheme crimes over the years.
Withstand the pressure
It took only 6 days from the criminal detention of the public security organ to the approval of the arrest by the procuratorate, 3 months to initiate the public prosecution, and 1 month later**...Although more than 4 years have passed, when the "Quan Jian case" was raised, Xie Wenkai still remembers many details of the case.
Behind the high-quality and efficient handling of cases, there is unimaginable pressure to handle cases. According to Xie Wenkai, unlike ordinary MLM, Quanjian has a direct selling license, with more than 4 million members across the country and a total of 7 business models. Such a large-scale, extremely concealed and deceptive pyramid scheme makes the whole case very tricky.
When I first took over this case, the first problem I encountered was to review the evidence to find out whether Quan Jian's business model was a pyramid scheme. Xie Wenkai recalled that at that time, there were not many legal theoretical studies and guiding cases on pyramid schemes in China, so he browsed all the articles on pyramid schemes on CNKI and bought a few monographs to study.
In addition to the case itself, the pressure also comes from the attention of the national **. "Even the slightest mistake or irregularity in the handling of cases may trigger public opinion, which may affect the image of the entire judicial organ. As one of the members of the case-handling team, Zhang Cheng, deputy director of the Third Procuratorate Department of the Wuqing District Procuratorate, recalled that for more than two months, they were concentrated in a large conference room in the courtyard to handle cases behind closed doors, and it was the norm to work late at night, and Xie Wenkai slept directly in the office.
If the results of handling cases in the early stage are not good, the masses of the people will question the ability of the procuratorial organs to handle cases, so we must rise to the challenge and prove ourselves with strength. Xie Wenkai said. The hard work paid off, and in the end, the case was quickly arrested in accordance with the law in the prosecution link, which fully demonstrated the authority of the judiciary and responded to the expectations of the masses.
Accumulate steadily
In December 2019, the public trial of the "Quan Jian case" was attended by more than 200 people, and it was recorded and reported on the spot by **TV station, Xinhua News Agency, etc. The trial lasted five and a half hours, and all the defendants pleaded guilty and accepted the verdict in court and did not appeal.
Recalling the situation on the day of the trial, Zhang Cheng was most impressed by the courtroom debate, as the first prosecutor, Xie Wenkai needed to reply immediately after more than 20 defenders expressed their opinions. "Every word and every move of the prosecutor has attracted much attention. Zhang Cheng said that even in such an environment, Xie Wenkai still responded reasonably, which once again confirmed Xie Wenkai's first impression on him - the theoretical foundation and comprehensive application ability of law are very strong!
According to Zhang Cheng, when he first discussed a case with Xie Wenkai in 2018, he was shocked that he was able to directly cite the guiding cases in the Supreme People's Court's Criminal Trial Reference for analysis. "Later, I learned that Xie Wenkai insisted on studying every day, and he was able to memorize many of the guiding cases in the Criminal Trial Reference, and he was familiar with the laws and regulations. It is this long-term learning accumulation that makes him always superior. Zhang Cheng said.
Thick accumulation can thin hair. The continuous professional accumulation has given Xie Wenkai excellent case-handling skills, and it is also the only way for him to win the tough battle of the "Quan Jian case". After handling the case, Xie Wenkai handled a number of provincial and ministerial-level job-related crime cases, and successively won honors such as "National Excellent Public Prosecutor" and "Tianjin Procuratorial Business Expert".
Intensive cultivation
Talking about the current state of work, Xie Wenkai said that "it has become busier", and his hearty laughter is a little proud.
In 2023, the Tianjin Municipal Procuratorate will set up the first batch of case-handling teams named after prosecutors - "Xie Wenkai's Training and Case Handling Team for Combating MLM Crimes". Not long ago, when the Heping District Procuratorate handled an online pyramid sale case involving more than 1 billion yuan, it also asked Xie Wenkai to give guidance throughout the process.
It has been learned that although the "Quan Jian case" has been completed for a long time, Xie Wenkai's research on cracking down on pyramid schemes has never stopped. As the person in charge of the "Xie Wenkai Training and Case Handling Team for Combating Pyramid Selling Crimes", he led the team to continue to carry out theoretical research, guide case handling, training and teaching based on professional fields, form the "Analysis Report on the Current Situation of Combating Pyramid Selling Crimes", and formulate the "Guidelines for Combating Pyramid Selling Crimes" to provide accurate guidance for the handling of pyramid scheme cases in the city. In addition, the team has also developed high-quality training courses on combating pyramid schemes, and has successively gone to the procuratorates of Beijing, Qinghai, Hebei and other provinces (cities) to give lectures more than 10 times, imparting experience in handling cases, providing a "Tianjin sample" for the national crackdown on pyramid schemes, and the relevant courses have been awarded the "National Procuratorial Education and Training Courses".
Xie Wenkai told reporters that now, a large number of offline pyramid schemes have been transferred to online, and even more harmful "spiritual pyramid schemes" have appeared, and relevant measures should be introduced to form a more effective means of cracking down. In 2024, he plans to write relevant articles based on the research results of the past few years, and make suggestions for promoting social governance with his own meager efforts.
*:Procuratorial**.