Farmers bought corn and were sentenced to probation for illegal business operation in the first instance.
Bayannaoer City is located in Hetao Irrigation District of the Yellow River, which is rich in corn, wheat and oil sunflower. Every harvest season, grain brokers will go door to door to buy grain from farmers and then sell it to grain depots or deep processing plants to earn the difference. Wang Lijun is one of them.
Wang Lijun, 47, is a farmer from Yongsheng Village, Bainaobao Town, Linhe District, Bayannaoer City, Inner Mongolia Autonomous Region. Since 2008, Wang Lijun started to work as a corn broker in his spare time, and later bought second-hand agricultural vehicles and corn threshers to facilitate his own acquisition. "20 12, 20 13 years, when the food price is good, I can harvest millions of kilograms of corn a year. The highest price purchased from farmers is between 9 cents per catty and 1.23 cents, and then sold to grain depots. Excluding freight and threshing costs, you can earn about 3 cents per catty. " Wang Lijun said.
Wang Lijun wanted to continue to expand the acquisition scale, but by the end of 20 15, he bought corn from a farmer's house, which was seized by the industrial and commercial bureau and other relevant departments. The case was quickly handed over to the public security organs, and then Wang Lijun surrendered himself.
On April 5, 20 16, the People's Court of Linhe District found that Wang Lijun's behavior was in line with the provisions of the fourth paragraph of the crime of illegal business operation, sentenced him to one year's imprisonment, suspended for two years, and fined him 20,000 yuan. According to the judgment of the first instance, the People's Court of Linhe District held that Wang Lijun illegally purchased corn in violation of the provisions of national laws and administrative regulations, without the permission of the competent department of grain and the approval and registration of the administrative department for industry and commerce, and the illegal business amount was more than 265,438+100,000 yuan, which was relatively large.
After getting the judgment, Wang Lijun didn't expect: "There are hundreds of people who collect corn with me in Linhe District. Why was I sentenced? " However, because Wang Lijun was sentenced to probation, he did not need to serve his sentence in prison, and there was no appeal.
"According to the previous Interim Measures for the Examination and Management of Grain Purchase Qualification,
Individual industrial and commercial households that purchase grain for profit all the year round, or whose annual purchase volume reaches more than 50 tons, must obtain the qualification of grain purchase. Shi Yongjing, deputy director of Bayannaoer Grain Bureau, said. "Actually,
More than 50 tons is difficult to define, because most grain brokers go door to door and it is difficult to obtain evidence. "
The first-instance judgment of Wang Lijun case aroused social concern. At that time, although Wang Lijun's behavior was illegal in administration, there were different opinions on whether individual operators were sentenced for "illegal business operation" and whether the seriousness of the behavior was enough to be investigated for responsibility by criminal law.
The Supreme Law found that this case "does not have the necessity of criminal punishment"
20 16 12 16 the Supreme People's Court made a retrial decision on this case, and instructed Bayannaoer Intermediate People's Court to retry this case.
According to the Supreme Law, the fourth item "Other illegal business operations that seriously disrupt the market order" in Article 225 of the Criminal Law is an all-encompassing provision based on the specific circumstances of the three types of illegal business operations explicitly listed in the first three provisions. In judicial practice, the application of this provision should be particularly cautious, and the relevant acts should be clearly stipulated by laws and judicial interpretations, so as to strictly avoid the social harm and the necessity of criminal punishment equivalent to those stipulated in the first three articles.
At the same time, the Supreme Law also holds that, as far as this case is concerned, Wang Lijun's purchase of corn from the food and agriculture department and its sale to the grain depot did not seriously disturb the market order, and it did not have the social harm equivalent to the first three acts of illegal business operation as stipulated in Article 225 of the Criminal Law, so it did not need criminal punishment.
On February 20 1717, Bayannaoer Intermediate People's Court retrial pronounced Wang Lijun not guilty. Wang Jingbo, a professor at China University of Political Science and Law, believes that the original judgment shows that the reform of the legal system and the examination and approval system lags behind the development of the market. Although the grain purchase market has been liberalized to a considerable extent, the examination and approval system has not changed accordingly, and the corresponding legal system has not changed. Therefore, the judgment in this case has aroused widespread concern.
Wang Lijun and his defender said in court that the next step would be to apply for state compensation according to the procedure. At the same time, whether the judges related to the case will be held accountable has become a question in many people's minds.
In this regard, some legal experts believe that according to the "Several Opinions of the Supreme People's Court on Improving the Judicial Responsibility System of People's Courts", if the case is inconsistent with the specific provisions of laws, regulations, rules and judicial interpretations, and can be reasonably explained within the scope of professional cognition, and so on, the responsibility may not be investigated as a misjudged case. 2065438+In July 2006, the general offices of the General Office of the Central Committee of the CPC and the State Council issued the Provisions on Protecting Judicial Personnel from Performing Their Statutory Duties according to Law, which also clearly stated that judges and prosecutors will not bear the responsibility for misjudged cases unless they intentionally violate laws and regulations or have serious consequences due to gross negligence. Whether the judge who tried Wang Lijun's case was held accountable should be determined in strict accordance with relevant laws and regulations.
The examination and approval system has changed, and farmers' illegal grain collection without a license has become history.
A few years ago, farmers' grain brokers were welcomed by farmers because they promoted the purchase, sale and circulation of grain and solved the problem of farmers selling grain.
Li Chengcheng, a corn agent from Hebei Province, has been buying corn in Bayannaoer for four years. He said: "In recent years, most of the grain brokers around me have no relevant documents. We are ordinary people who buy grain voluntarily. They know that our purchase price, the prices of grain depots and deep processing plants are also open, but the people themselves have calculated an account and still think that our purchase is more convenient and affordable. " Wang Yuji, a local grain broker in Linhe District, also said: "Most farmers' homes are far from grain depots and deep processing plants, and they don't have threshers. We drove the machine to the farmer's house and threshed it on the spot. Farmers are willing to contact us. "
"For starch factories, grain brokers have played a connecting role. For example, our starch factory needs about 1500 tons of corn a day. If it is only provided by farmers, it is difficult to meet the demand. In the case of insufficient local corn, brokers need to transport from other places, which local farmers can't do. " Wei Jianjun, deputy general manager of Bayannaoer Bashan Starch Co., Ltd. said.
According to Shi Yongjing, in 20 16, China cancelled the temporary purchasing and storage policy of corn. 20 16 1 1 The State Grain Administration announced the revised Measures for the Examination and Management of Grain Purchase Qualifications, clearly stipulating that farmers, grain brokers and grain traders engaged in grain purchase activities do not need to apply for grain purchase qualifications. The power of supervision is also given to the grain department to supervise the behavior of pit farmers, water interception and deliberate price reduction in grain purchase.
Wang Lijun's illegal business case has been settled. During the period from the entry into force of the original judgment to the entry into force of the retrial judgment, it was illegal for farmers and other individual subjects in China to collect grain without a license, which has actually entered history.
"The court acquitted me, and I will continue to buy corn in the future." Wang Lijun said.