Plaintiff: 599 villagers in Fuxingzhuang Village, Yanjiao Town, sanhe city, Hebei Province (list attached).
Defendant: Zhang, male, 65 years old, Han nationality, now lives in Fuxingzhuang Village, Yanjiao Town, sanhe city, Hebei Province, and was the former party branch secretary of Fuxingzhuang Village.
Defendant: Zhang, male, 42 years old, Han nationality, now lives in Fuxingzhuang Village, Yanjiao Town, sanhe city, Hebei Province, and was formerly the director of Fuxingzhuang Village Committee.
The defendant's criminal facts:
During the term of office of the two defendants, the village renovation of Fuxing Village was transferred to Shijiazhuang Xinda Real Estate Development Co., Ltd. in 2007. Under the auspices of the two defendants, all the land in the village, including cultivated land and villagers' homestead, totaled 7 19 mu. The two parties transferred it to Shijiazhuang Xinda Real Estate Development Co., Ltd. on June 28, 2007 by contracting the development of the old village renovation project. According to the agreement, Shijiazhuang Xinda Real Estate Development Co., Ltd. will compensate the collective economic organization of Fuxing Village for 6.5438+0.038 million yuan in addition to the compensation for villagers' demolition. The payment will be made in three batches, including 30 million yuan after demolition, 30 million yuan in February 2009 and the remaining 43.8 million yuan in February 2065. After the agreement came into effect, the demolition of Fuxing Village began, and Shijiazhuang Xinda Real Estate Development Company also entered the site to start construction.
On June 5438+00,1October 2 10, 2008, the two defendants handed over members of the village party branch, members of the village committee and members of the village demolition working group to Fucheng Hotel respectively in the name of holding a meeting to study the demolition work. Li Fucheng, the hotel owner and chairman of sanhe city Fucheng Real Estate Development Company, took several bodyguards to attend the meeting. This meeting is called the village reform work meeting, which is neither a villagers' representative meeting nor a villagers' meeting. It is said that the two village committees convened and presided over the meeting. In fact, Li Fucheng convened and presided over the meeting. Li Fucheng enterprises have not signed any project development contracts with Fuxing Zhuang. I don't know in what capacity Li Fucheng attended and presided over the meeting. In particular, at the meeting, he proposed that the compensation for Fuxing village collective be reduced by 50 million, leaving only 53.8 million. Except for the second defendant and a man named Wang Shuyou, all the other participants disagreed and some objected. Wang Shuzhong stood up and expressed strong opposition, pointing out that this seriously violated the interests of the village collective and villagers. Li Fucheng was so embarrassed that he shouted at the bodyguard and tried to drag Wang Shuzhong out. Being stopped by other villagers, the bodyguards rushed at him like wolves. Wang Shuzhong and Wang Changhai survived.
After that, the two defendants announced the final judgment, leaving 50 million yuan for the village collective and giving up all the rest. All the people attending the meeting should sign at the back of the meeting minutes to show that they agree with the decision. The people attending the meeting were filled with disapproval, but under the pressure of Li Fucheng and the two defendants, they all signed their names.
After the meeting, Li Fucheng ordered his people to give everyone in the village 2000 yuan, but he didn't say what it was. He also hosted a sumptuous banquet for all the people who attended the meeting and told them not to spread the decisions made at the meeting.
Afterwards, the two defendants should have signed a supplementary agreement with Shijiazhuang Xinda Real Estate Development Co., Ltd. to modify the compensation amount for the village collective. Strangely, the two defendants did not sign an agreement with Xinda Real Estate Development Co., Ltd. on behalf of the team of the Second Committee of the Village, but signed an agreement with sanhe city Xinkai Yin Da Real Estate Developer Development Co., Ltd., which stated that Party A and Party B reached an agreement on the renovation of the old village of Fuxing Zhuang and the two defendants and Shijiazhuang Xinda Real Estate Development Co., Ltd. presided over the renovation of the old village. I have never heard of an agreement with sanhe city Xinkai Yin Da Real Estate Development Co., Ltd., and more than 20 days later, On June 5438+1October 2 1 2008, the so-called village reform meeting was held, and the second defendant presided over the so-called demolition meeting to study the pattern and floor of the independent community. Sun Yingjie, the legal representative of Shijiazhuang Xinda Real Estate Development Company, attended the meeting as the person in charge of the contracted village reconstruction project, and never saw anyone from sanhe city Xinkai Yin Da Real Estate Development Co., Ltd. sign the agreement signed between the company and Fuxing Zhuang.
For these doubts, the two defendants later took out an agreement signed by Fuxing Village and sanhe city Xinkai Yin Da Real Estate Company on the same day that they signed the project development agreement with Shijiazhuang Xinda Real Estate Development Company, that is, it was also signed on1October 28th, 2007, 165438+. Everyone can see that this agreement was forged with sanhe city Xinkai Real Estate Company. Its purpose is to cover up their collusion with developers and legalize their embezzlement of collective compensation in an attempt to deceive the world. 53.8 million yuan was taken out of the collective income alive and put into the pockets of the two defendants and developers.
The land in Fuxingzhuang Village was all transferred, and the real estate developer paid the village collective economic compensation of 6,543.8+0,038,000 yuan to ensure the survival of all villagers after losing their land. This money is the future survival money of all villagers, and how many years all villagers can live is very important. Such a major survival problem must be decided by all the villagers. The defendant should know about it. However, they dare to take great risks, and what is certain is that they will reap great benefits from the huge sum cut off. Second, the defendant's criminal behavior is obvious.
Reasons and legal basis of the accusation:
The law stipulates that state, collective and individual property is protected by law, and no one may occupy it by criminal means. 2. The accuser was bold, tried the law by himself, and colluded with others to occupy collective property. His behavior is suspected of serious economic crimes, and the amount involved is particularly huge.
Paragraph 2 of Article 93 of the Criminal Law of People's Republic of China (PRC) NPC Standing Committee stipulates that village grass-roots organizations such as villagers' committees shall assist the people's government in the following administrative work, which belongs to "other persons who engage in public affairs according to law" as stipulated in paragraph 2 of Article 93 of the Criminal Law. Villagers' committees and other village grass-roots organizations engage in public affairs as stipulated in the preceding paragraph and take advantage of their positions. Illegal possession of public property, misappropriation of public funds, soliciting other people's property or illegally accepting other people's property, which constitutes a crime, shall be subject to the provisions of Articles 382 and 386 of the Criminal Law on the crime of accepting bribes, and the criminal responsibilities of the two defendants shall be investigated in accordance with the above-mentioned laws respectively.
It is the duty of the people's procuratorate to investigate and deal with the duty crimes of village officials in the process of land acquisition and demolition, and it is of great significance to stabilize social order to crack down on the duty crimes of village officials in the process of land acquisition and demolition. The amount of crimes accused by the plaintiff is extremely huge, which is also a rare case in the country. Procuratorial organs attach great importance to it, and can enforce the law impartially without pressure from all sides, accept cases, investigate and deal with them severely and quickly, and deal with them seriously according to law, giving a satisfactory explanation to the villagers and the whole society in Fuxing Zhuang.
I am here to convey
Send: sanhe city People's Procuratorate.
CC: Langfang People's Inspection Institute
Hebei province people's inspection institute
the Supreme People's Procuratorate
Plaintiff: 599 villagers in Fuxing Village, Yanjiao Town, sanhe city, Hebei Province.
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