Liaoning's "one mine, two sales" led the mystery: the company accused the mine being "stolen", the officials of the horse were accused of intervention, and the Fuyao Group was involved in

New Yellow River Reporter: Guo Jigang

In less than a year, Zhou Chunping, a businessman of Benxi, Liaoning, "one mine and two sale", and the mines in their hands contracted and transferred to two companies. Disputes are caused. The two companies involved in the dispute, one is a subsidiary of the Fortune 500 companies, and the other is a small company in Benxi. The original mining ownership right, but under the influence of the local "investment promotion" policy, became blurred.

Zhao Hai, the owner of the mining mining, became the victim of the "one mine, two sale cases". The "harm" in his mouth is Zhou Chunping, the initiator, and the second is Fuyao Silicon Sand Company of Fuyao Group in Benxi. In Zhao Hai's view, it was under their conspiracy that the 100,000 tons of minerals that they had worked hard were "stolen", and more than 40 million were invested before and after. "In which law provides, investment promotion companies can barely bully small companies and want to plunder my mining mines that have been contracted for 10 years?" Zhao Hai couldn't understand.

Disputes have lasted for more than three years. In 2019, the Pingshan District Court twice sentenced Zhao Hai to the contract signed by Zhao Hai, which caused the enterprise to be forced to discontinue production. In June 2022, the Benxi Intermediate People's Court made a final judgment, revoking the Pingshan District Court's judgment, and determined that Zhao Hai's contract was valid.

Despite the winning lawsuit, Zhao Hai's minerals have not returned.

The contracting area has not been a year, and the mining right has been stolen and sold

It is located in Hedong Village, Qiaotou Street Office of Pingshan District, Benxi City. Natural silicon sand resources are rich in resources and are the main raw materials in glass manufacturing. There are three hills in the village, which are No. 1, 2, and 3. The mining rights are Benxi Tianfu Silicon Co., Ltd. (hereinafter referred to as "Tianfu Silicon Industry"). The boss is Zhou Chunping. In 2013, with the rapid development of the domestic glass industry, Zhao Haili sensitively noticed this business opportunity. On May 15th, the company's company Benxi Kaihua Fragrance Processing Co., Ltd. (hereinafter referred to as "Kaihua Broken Stone") and Tianfu The Silicon Industry has signed the "Cooperation Agreement", which is contracted and operated No. 3 for 10 years, with a one -time contracted fee of 5 million yuan. From May 30, 2013 to May 30, 2023.

According to the agreement, Kaihua's gravel must increase investment, expand production capacity, increase equipment and electricity, and actively provide supporting and production for Tianfu Silicon Industry to ensure the supply of raw materials for the latter. After the agreement was signed, Tianfu Silicon Industry delivered the No. 3 mining area to Kaihua's gravel.

"After the No. 3 Mine Contracts, in order to ensure normal production, I borrowed money everywhere and put the money into the preparation work." Zhao Hai told Xin Huanghe reporter that in order to fulfill the agreement, in the following four years, in the following four years During the time, the company has invested more than 40 million yuan, peeling rocks, purchasing gravel processing devices and equipment, and building gravel powder processing centers. After everything is ready, they want to plan to show their fists next.

However, in early 2017, Zhou Chunping found Zhao Hai and said that the Fuxiao Glass Group fancy the three mines and wanted to buy them all. At present, the No. 1 and 2 of the Mine have been negotiated. I hope to terminate the contract of No. 3 in advance. "He said that Fu Yao could give me a lot of compensation. At the beginning, Zhou Chunping said that Fuyao could compensate 46 million yuan. I considered it again and again that it was acceptable, but afterwards, I did not move. In mid -2018, Zhou Chunping found again I said that Fuyao was only willing to compensate 36 million yuan. Although the price was lost, it could be made up by contracting other projects, and it would not let me suffer. I kept waiting for the news and helped him introduce Fu Yao Other mineral resources. "What made Zhao Hai unexpected was that he could not wait for compensation, but waited for a lawsuit.

"I didn't know until the lawyer's scroll in 2019. It turned out that as early as 2014, Zhou Chunping hid me and sold No. 3 to Fuyao." Zhao Hai found that on May 12, 2014, Tianfu Silicon Industry The mining rights of the three mines are collectively transferred to Benxi Fuyao Silicon Sand Co., Ltd. (hereinafter referred to as "Fuyao Silicon Sand"). After that, somehow, Fuyao Silicon Sand briefly transferred the mining right back to Tianfu Silicon. Until April 17, 2017, the mining rights returned to the hands of Fuyao Silicon Sand and continued to this day.

10 tons of minerals were "stolen" and 40 million invested in water drift

During Zhao Hai's "lawsuit", he also had a fierce conflict with Fushen Silicon Sand several times.

According to Zhao Hai, at noon on March 13, 2019, Kaihua crushed employees found in the mining area No. 3 that Four Silicon Sands hired four or five large flipped and two horses, which are facing more than 100,000 mining areas in the mining area. The tons of ore "steal". After receiving the employee's report, he immediately called 110 to report the case to the Qiaotou Police Station in Pingshan District, Benxi City. The police station police arrived at the scene to obtain evidence, but did not have a substantial effect. After that, the Fuyao Silicon Sands came to the mining area many times to drive away all the Kaihua gravel employees and installed the large iron door halfway. The ore was also stolen, with a total value of more than 5 million yuan.

"I can't imagine that such a famous Fortune 500 company will even play such a means of three abuses?" Zhao Hai said that since the 2014 Fuyao Silicon Sand has obtained the mining right of No. 3 Mine, Why didn't you find your own negotiation to terminate the contract at that time? After tens of millions of investment in the early stage, I want to come to "take advantage"? Since the sincerity is given compensation in 2017, why did they eventually rush directly? What's more, before his contract expires and the lawsuit was not pronounced, Fuyao Silicon Sand came to occupy the mining area directly, and also snatched more than 100,000 tons of ore, so that he had worked hard to invest more than 40 million yuan in the early stage. In the meantime, Zhao Hai reported the police several times to investigate the criminal responsibility of "theft and robbery" to investigate the criminal responsibility of Zhou Chunping and Fuyao Silicon Sands. On August 15, 2019, the public security organs issued the "Notice of No Case" to Zhao Hai and did not file a case. "People from the public security organs told me that the case involved economic disputes and property rights disputes. Before the court did not formally judge, they could not conduct a case investigation."

The court's two sentences are invalid, and the officials of the horse are accused of intervention

In March 2019, Tianfu Silicon Industry put the Kaihua broken stone to the court. On the grounds of Kaihua's gravel, the "Cooperation Agreement" signed by the two parties in 2013 was invalid. The mining area belongs to the original master. On April 15, 2019, the Pingshan District People's Court of Benxi made a civil judgment to support the plaintiff's lawsuit of Tianfu Silicon Industry. The court believes that on April 17, 2017, Tianfu Silicon industry transferred the overall mining rights (mining area 1, 2, and 3) under its name to Fushen Silicon Sand, and handled the mining rights registration. In accordance with the "Mineral Resources Law", the license system is implemented in mining resources. Only when the mining license is obtained in accordance with the law, can the mining and utilization of the mining permit can be legally used, otherwise the contract signed by the parties will be invalid due to unlicensed mining. Specifically, the "Cooperation Agreement" formed by the original defendant is in line with the legal characteristics of the mining right contract. According to the above laws, it should be an invalid contract.

Zhao Hai did not accept the verdict and appealed to the Benxi Intermediate People's Court. In July 2019, the Benxi Intermediate People's Court revoked the first instance civil judgment on the grounds that "the original judgment was determined that the basic facts were unclear and the law was improperly applied" and sent it back to the Pingshan District Court for retrial. On May 28, 2020, the Pingshan District Court issued a review civil judgment. The court believes that when the two parties signed a contract, the plaintiff Tianfu Silicon Industry was the mining owner involved in the case, so it had the right to operate the mining area by leasing and contracting. On June 12th, the contract was valid before June 12, 2015. After this date, the factors of mining rights are not plaintiffs. Therefore, this case should be distinguished from the time of mining rights permit to distinguish the contract effectiveness. The contract is valid before June 12, 2015, and the contract will be invalid after that day.

"Whether it is the first instance or the judgment of the judgment, distorting the truth of the facts, the reason is incredible. The contract signed with Zhou Chunping is first, which involves the right to operate. After that, he secretly transferred the mining right. As a result, the contract is invalid? "Zhao Hai accused Jiang Guangqi, then the secretary of the Pingshan District Party Committee, and had held a number of on -site office meetings of the Public Prosecution Law, which clearly stated that it was necessary to take measures to expel Kaihua's gravel out of the mining area. Protect "investment promotion" enterprises.

Public information shows that on January 6, 2020, Jiang Guangqi, Secretary of the Pingshan District Committee of Benxi City, was dismissed from the party and government affairs. After investigation, Jiang Guangqi had a lack of ideals and beliefs, ignored the law of party discipline and state, violated the spirit and integrity discipline of the eight central regulations, and accepted the owner of the private enterprise in violation of the regulations.

Winning a lawsuit for three years, the police re -intervene in the case

Because of the re -judgment of the Pingshan District Court, Zhao Hai appealed to Benxi Middle Court for the second time. After the trial of Benxi Intermediate Court on August 13, 2020, it took nearly two years and made a judgment on June 19, 2022. The court believes that in accordance with Article 44 of the Contract Law, the contract established in accordance with the law will take effect since its establishment. Article 52 stipulates that if there is one of the following circumstances, the contract is invalid: (1) One party shall establish a contract with a means of fraud and coercion to harm national interests; (3) cover up illegal purposes in legal forms; (4) harm the public interest of social; (5) the mandatory provisions of violations of laws and administrative regulations. In this case, Tianfu Silicon Industry claims that the contract is invalidated in accordance with Article 52 of the Contract Law, and the "mandatory provisions" in this clause refers The impact of sexual compulsory regulations on the validity of the contract, and the mandatory provisions do not include the provisions of the approval procedures related to the relevant requirements of laws and administrative regulations. Therefore, in this case, the cooperation agreement signed by Tianfu Silicon Industry and Kaihua Broken Study does not have a statutory invalid situation. When the contract is established, it takes effect. The results of the first instance judgment should be correct. In view of the fact that Tianfu Silicon Industry has not enjoyed the mining rights of the case, it is impossible for both parties to continue to perform the contract. However, because the Kaihua crushing does not have the counterclaim in the first instance lawsuit on the termination of the contract or the loss of compensation. Concern, so the two parties resolved separately for the failure of the dispute. This decision is final.

After the lawsuit was finally won, Zhao Hai found Zhou Chunping and Fuyao Silicon Sands again, but there was still no results. According to public information, Fuyao Silicon Sand was established in 2014 with a registered capital of 60 million yuan. Why the legal representative is fierce and his identity is Cao Dewang, vice president of Fuyao Glass Group and the founder of the company. Fuyao Silicon Sand mainly provides high -quality ore raw materials for Fuyao Group's automotive glass, and has an annual production capacity of 400,000 tons of high -quality automotive glass sand. Since the formal production of Fulao Silicon Sand in May 2018, it has sold more than 1 million tons of silicon sand and paid about 15 million yuan in taxes to solve more than 50 employment positions. It has achieved win -win production and sales and promoted the long -term development of enterprises. On August 10, a reporter from Xinhuanghe called Cai, the chief of the Forty Silicon Sand Mining Area, to understand the situation. After learning the reporter's interview, Cai hung up the phone directly. Subsequently, the reporter dialed He Shiji. He Shimeng said that this matter has nothing to do with our company, and the contract is not signed with us. Specifically, we should find the parties to understand the situation. Regarding Zhao Hai's accusation of Fuyao Silicon Sand to snatch minerals, He Shimmeng said: "He is a bit messy, nonsense, like touching porcelain."

Another investigation shows that Zhou Chunping is currently serving as a corporate legal representative and investing in two companies. In January 2021, Zhou Chunping himself was restricted to high consumption due to the case involving a dispute over the infringement liability. The reporter called Zhou Chunping's phone and the other party responded: "Is it related to you? What happened to the media?" Then he hung up the phone.

"Under Zhou Chunping's deception and operation, my mine was snatched for no reason. After more than three years of mining, Fuyao Silicon Sand has been exhausted, and more than 10 tons of ore occupied before will not be given. Return. "Zhao Hai said that after getting the judgment, he re -reported the case to the Qiaotou Police Station in Pingshan District, demanding that Zhou Chunping's criminal liability for" fraud "and submitting the" Application for the Supervision of the File C case "to the People's Procuratorate of Pingshan District, Benxi City, The criminal responsibility of "theft and robbery" is required to investigate the criminal responsibilities of Zhou Chunping and Fuyao Silicon Sand relevant personnel, and the public security organs are instructed to timely file a case in accordance with the law and recover the stolen ore. The reporter learned that at present, the Heping Mountain District Procuratorate of the Qiaotou Police Station has accepted the application for reporting and re -intervened in the investigation. (Zhao Hai, Zhou Chunping is a pseudonym)

Edit: Weekend

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