In the spectrum of power, the auxiliary was supposed to be in the most marginal auxiliary position, without even the qualification of the law enforcement alone. But here, because of the copper smell infested with “private customization”, the temporary work exploded with an astonishing destructive force.

Additional police change to “domestic”: public power becomes a private tool.

In this case, the prosecutor considered the suspect's personal freedom to be a pleasant letter to the reporting person. The public power taken by the murderer completely became the remote control in the reporting person's hands. This suffocating "ethnic thinking" is not only a blow to the law, but also an explosion of the sense of security for the whole society.

The Author 杨雄

Exhibition Review

The story is abrupt.

A wealthy merchant, Liang Qing of Hebei, ran to Yunnan Kunming, two thousand kilometers away, spending $1.19 billion to buy a property, and originally intended to open a hotel.

If you are a businessman, you should cancel the contract, find a lawyer, go to the court to settle a civil trial and refund the money.But this owner, directly in his home town, to the police, and a common commercial dispute was promoted to a criminal case.

At first wanted to accuse "fraud crimes", why did not put together the evidence, the police had to change the track in the middle, with the buyer's employees to the intermediary demanded 970,000 commission as an entry point, and a "non-state staff committed bribery".

Subsequently, a striking "extraterrestrial law enforcement circle" exploded violently: the special police, without jurisdiction, crossed the border; the temporary policeman's auxiliary police arranged interrogations and allegedly ate nakka; the police even handed the police certificate to the suspect to "transmit" it on their own; and moreover, the case officers joined forces outside the detention center with the reporting man's "Bay the Son Brother" to aggressively seduce the suspect.

What’s more, this tremendous, six-month cross-provincial law enforcement, travel expenses seemed to be all paid by the reporting person.This is not in the case, it is simply the public power’s “drop-drop car” – who makes the money, the police car goes in the direction of who points.

(Related report: Hubei Qingdao Police Qingdao case, exposed reporting person paid for the entire period)

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1 is

Self-Aid Enforcement Law

Self-Aid Enforcement Law *

Is it possible to “share” the police certificate?

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Let’s first admire the most black-humorous scene in this case.

Let’s first admire the most black-humorous scene in this case.

The “self-help investigation” case.

During the Kunming case, in order to obtain a key public document concerning the real estate transaction in the case, the police officer of the Yongjiang District took his own police certificate, together with the publication of the "Procurement of Evidence Notice", and handed over to the party to the case, Wang Veng, so that he himself went to the publication office to obtain the core evidence.

I have seen self-help cooking, self-help car washing, but the "self-help investigation case" is definitely a major initiative in the judiciary. The state's public authority, the police's exclusive law enforcement authority, at this moment was lightly described as "service outsourcing".

In fact, it’s like a football court referee throwing a whistle at a player who is breaking the rules and saying, “You blow yourself, and by the way, change the score.”

Take the U.S. for example, where there is a famous “Fruit of the Poisonous Tree” principle in criminal proceedings, and the court must completely exclude the proof as long as the police gathering of evidence is illegal, no matter how iron it is.

In the UK, the Police and Criminal Evidence Act (PACE) has a rigorous procedure for searching and obtaining evidence, and the investigation authority never allows for transfer to non-law enforcement.

This is not to mention the court, the police in question will face the internal affairs ministry's harsh hearings and even death charges the next day. Procedural justice is the bottom line of entity justice, but in this case, this bottom line is not only arbitrarily broken, but even considered a scissor of shoes.

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2 is

The strongest supervisor*

The Strongest Surface Officer

A bowl of beef 3800, a drink of wine in the KTV.

In this case, another striking phenomenon is that the auxiliary policeman becomes the absolute manipulator of power.

According to the Criminal Procedure Law, the questioning suspect must be two official investigators, but in this case, an assistant police officer named Liu Yongxi is not only the recording officer, but also the leader of more than a dozen questioning notes.

How big is the power of this assistant?

According to the trial, he can use the "do not catch people" code, in the Hilton hotel to demand 100,000 yuan to the parties; he can let the parties ask guests at home, four people eat a simple donkey meat for 3,800 yuan; he can also in the Kunming other place to do the case, ask the parties to go to the high-end KTV to drink expensive wine, called a paid servant, a consumption of 1,8 thousand yuan, but also to drink alcohol and insult the servant.

In the spectrum of power, the auxiliary was supposed to be in the most marginal auxiliary position, without even the qualification of the law enforcement alone. But here, because of the copper smell infested with “private customization”, the temporary work exploded with an astonishing destructive force.

Why does a police officer dare to do so?

Because when public power becomes a tool for private anger and disagreement, discipline and rules are gone.When the boss (reportant) can suspect that "full payment" encompasses the entire case-management team's campsite, the case-manager naturally no longer is the defender of the law, but becomes the "home-man" in front of the Lord.

Take people short hands, eat people soft mouths, since it is the housekeeper who followed Kim Lord to work out, go to KTV for a cup of wine, succeed in blackmailing a hundred and eighty thousand, isn't it the "expedition welfare" of compliance?

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Three

The Logic of the Accusation *

The Logic of Accusation *

Theft of theft contract.

Let’s look at this hard-wrapped “crime,” whose logical funnyness is simply insulting the intellect of the public.

The total value of 1.19 billion gross real estate transactions, the intermediary costs 3 million.This is a normal business practice in the operation of any business society, the proportion is not even high.

The buyer's employees unilaterally demanded 970,000 of them as a refund from the intermediary, which not only did not give the seller any unfair competitive advantage, but even the buyer's employees initially wanted.

This is largely the occupation of positions within the enterprise or ordinary commercial disputes. but the perpetual police are forced to carry hardship and use "non-state staff for bribery" to put both the buyer and the intermediary in.

Ironically, the reporting person Liang Qing claims to have been “fraudulently deceived.”

But the evidence laid out by the lawyers in court shows that in order to avoid huge taxes, the buyers and sellers have signed a separate "shadow contract" of far less than 1.19 billion real transactions.

A company that is deeply involved in tax evasion operations, full of minds thinking to enjoy tax avoidance dividends, looking at the investment plan, responded to the alarm saying that he had "a major misunderstanding of the transaction was deceived."

It is also like a person going to buy the wounded person, and then discovered that the murderer used a knife, so rushed to the consumer association to complain to the murderer "the quality of service is not in line with the standard, suspected of commercial fraud."

This logical vulnerability that even primary students can see in a glance, the perpetual police, however, is hard to use the special police, through the investigation of cross-police joint cases, and even come up with no surveillance video "black window information", to escort them.

In countries with a sound rule of law, this sort of “black window” interrogation away from the detention surveillance system is absolutely prohibited. For example, in many European and American legal systems, any testimony made during the interrogation is automatically presumed to be coercion, and the court directly initiates illegal evidence exclusion procedures.

And here, not only the violation of the information, the auxiliary police involved in the information is still the reporting of the suspect's "pray the brother."

The prosecutor’s “thinking”

The most cold thing in the whole case is not the grassroots police power, but the "extreme cooperation" of legal supervision organs.

When the lawyer reflected to the prosecutor on serious procedural breaches and applied for insurance, the prosecutor gave a remarkable response sufficient to include in the judicial shame pillar: “To obtain insurance, contact the victim (the plaintiff) home.

This simply means that “I am the agent lawyer of the accused” is written on the face. The public prosecution agency represents the interests of the state and the dignity of the law, whose duty is to supervise the legitimacy of the investigative agency and review the authenticity of the evidence of prosecution.

But in this case, the prosecutor has taken the suspect's personal freedom as a gifted letter to the reporting person. The public power that killed the reporting person is completely turned into the remote control in the reporting person's hands. This suffocating "ethnic thinking" is not only a crackdown on the law, but also an explosion of the sense of security for the whole society.

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5 is

The Truth Wrapped Up

The Folded Truth*

The senses of the court and the judgment.

As I wrote here, the most absurd bottom card has just broken up.

This man who can mobilize cross-provincial police forces and make prosecutors head to the head and throw $1.19 billion to buy a building, Liang Qing, exactly where is holy?

Enterprise business credit information and court execution network data show that the enterprise he actually controls is in charge of two compulsory enforcement cases totalling 24.88 million yuan.

This is extremely insidious: a "old royal" who owes more than 20 million refuses to repay, pretends to be poor and crying badly in front of the court, but turns his head to get 1.19 billion real gold and silver to go two thousand kilometers away from the foreign province.

This malicious reduction of liability property, the evasion of enforcement, not only suspected of "no execution of judgment, judgment", but also the public mocking of the judicial authority. but he not only innocent, but also can make the police of the family become "private guard", long to Kunming for him to seek investment money.

And in court?

Faced with a series of reasonable and legitimate claims, such as calling the Special Police Assistant to testify in court, picking up a video of a black window inquiry, picking up cross-provincial repayment credentials to determine whether there is a “reportant’s payment,” the court showed an astonishing “crisis” – a total rejection.

There is no signature of the detective, and the police say "scanning negligence, paper version of the civil police has been submitted", which puts the physics and logic on the ground friction low-level excuse, the court can also accept in silence.

This collective “craving” is not because the judges react slowly, but because they choose tactical blindness in the face of some powerful local interest silence.

When the sword of the law is soaked by the smell of private copper, when the cross-provincial police car turns into an old-fashioned private car, this bullshit of the case of police Kunming is not just an alienation of an economic dispute, but a pathological slice of the grassroots ecology of public power.

It coldly tells us that if power is not placed in the system’s cage, it will be placed in the boss’s wallet, and it will even succumb to a bottle of the most expensive wine in KTV, forcing you to pay bills.

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