Wang Tongsheng
Born in May 1967, Han nationality, university culture, graduated from Zibo People’s Police School in 1987 and assigned to the Huantai County Public Security Bureau. He was admitted as a lawyer in 1993 and has been working as a lawyer since May 24, 1995. In January 2000, he was appraised as an advanced individual in the "People's Satisfaction Activity" by the Zibo Judicial Bureau; in 2003 he was appraised as one of the ten outstanding lawyers in Zibo. Participant of the 21st National Senior Lawyer Training Course, member of China-Canada Criminal Defense Exchange, currently a partner of Shandong Dadiren Law Firm.
In this economic society where integrity is lacking, debt default is a problem that plagues many companies. Even individuals, because their economic activities are active and passively limited to the burden of debt, it is common for debts to be burdened like a huge boulder on their backs, which can lead to corporate liquidity. Difficulties, struggling to walk, and heavy losses lead to a dilemma.
In the course of practicing, the author discovered that in some cases that had already constituted a crime, the parties still used civil law to recover debts. Not only did they indulge the crime, they also led the debt recovery astray. In addition to normal mediation, arbitration, and civil litigation, the clever use of criminal law when certain conditions are met can also be a unique and effective new method in debt recovery.
Wei, a salesman in a company, has been engaged in sales for a long time and has outstanding performance. However, since Wei was engaged in auxiliary product development part-time, in order to supplement his own working capital, he often intercepted and misappropriated the sales return of the unit, but he quickly dismantled it. The east wall complements the west wall, but there is nothing wrong with it. However, an order failed in the winter of 2006, so that Wei's misappropriated unit sales return of more than 100,000 yuan could not be filled for a long time. Although Wei knew that his actions were wrong, Wei, who had no legal awareness, was still full of luck. Soon the unit discovered Wei’s behavior and urged Wei to hand in the payment, but because all of the money was invested in the factory, the factory was in the investment stage, and there was indeed no money to repay, and Wei had nothing else to execute. Wei refused to repay his property. After communicating with the company many times, the lawyer has a large amount of conclusive evidence, and believes that some of the evidence can be submitted to the criminal law for the crime of embezzling funds to realize the recovery of the purchase price. After being detained by the local investigation department, Wei's relatives immediately returned the loan first. The company's payment. The use of criminal law methods to cause strong psychological pressure on the parties is the key to rapid debt recovery.
In March 2007, during the construction of an office building for a private enterprise in Boshan, the owner, through an acquaintance, handed over the construction of the office building to a construction company at a fixed price of 3.3 million yuan. The middleman withdrew 200,000 yuan as an intermediary fee. During the construction of the project, the construction unit quietly withdrew from the site without notifying the owner due to raw materials, and the project only proceeded to the foundation, but according to the contract, the owner had already paid the project payment that exceeded the project schedule. The construction unit refused to execute the contract, the intermediary no longer met, and the private enterprises were unable to do anything in the face of unfinished buildings. After the lawyer's analysis and suggestions, the private owner first appraised the quality and quantity of the completed project, and notarized it on the spot. Then, it collected a large number of original vouchers for the intermediary to pay for the project and extract the benefits, and detained the intermediary criminally on suspicion of contract fraud. Within a week after the detention, due to the delicate relationship between the construction unit and the intermediary, the construction unit refunded the overpayment of the project, and the intermediary refunded all the intermediary fees. The office building project of the private owner also adopted bidding, and a formal construction company was selected to continue the construction. At present, the project is about to be completed, and the business owner repeatedly claimed that the lawyer used clever tricks to help him recover the losses, and signed a permanent legal counsel contract with the lawyer.
The above two cases are just some examples of lawyers' use of criminal law in helping consultants and clients to recover debts to achieve the ultimate goal of recovering civil debts. In practice, according to the actual situation of the case, with the help of the lawyer's planning and the statutory conditions of the specific crime, the investigation department can be fully communicated with the investigative department to achieve debt collection with the most cost-effective and highest efficiency, and achieve Xiangzhuang Wujian, which is intended to be Pei Gong The wonderful effect.
