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The Criminal Law of Debt Recovery Techniques

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 s
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24
2010-05

Employment of corporate risk and criminal consultants

Time of issue: : 2010-05--24
"It can only be done, cannot be said, and it is all wrong to say it," said a famous contemporary entrepreneur. Why can't you say? In a fiercely competitive environment, if an enterprise wants to survive and grow, sometimes it needs to be side-by-side. It needs to weigh the pros and cons, and navigate the gaps in the law. However, how to bypass the legal barriers in business operations without breaking the criminal law, it is very necessary for the person in charge of the company or related persons in charge to correctly assess the criminal risk brought by their behavior before implementing a certain behavior. The owner of "The No. 1 Village in the World", Yu Zuomin, was sentenced for harbouring, obstructing official duties, and illegal detention. Someone commented: "It is a glass of bitter wine brewed and drunk by a peasant entrepreneur who regards the law as nothing", and said that he "sees the law as nothing". I think it is mainly because of his criminal violation of the relevant behavior and the possible consequences. Insufficient understanding of the serious consequences of coming; At the time when Shen Taifu, a "high-tech company", was in full swing, he was arrested on suspicion of criminal offences in the course of business operations and was eventually sentenced to death; "Jun'an Godfather" Zhang Guoqing was sentenced to 4 years in prison for "false registration" and "illegal foreign exchange evasion"; Guan Jinsheng, "The Big Brother of Nations", Zhao Xinxian of "Three Nine Group", etc... The heads of many large and medium-sized enterprises have appeared in the ranks of criminal suspects and have become the target of public targets. Some people even say that the risk of state-owned enterprise bosses is greater than drug traffickers. In the "Sanlu Milk Powder" incident that just happened, according to media reports, many children were sick and some were dead; some of the senior executives involved resigned and some were removed; the chairman of the first batch of Sanlu enterprises was investigated and dealt with dozens of others. People (including milk supply households) have been detained or arrested under criminal law, companies have ceased production, brands that have been in business for decades have been broken...the marketing situation of the products can be imagined. are all brand-name companies and bosses of brand-name companies. They have been in the world for decades, and most of the companies have also hired legal advisers. Why does this happen? I think there are several reasons: 1. The awareness of risk prevention is not strong. Although the company has hired a legal consultant, it is only used as a tool to "remedy the deadlock". When there is a dispute, it thinks of a lawyer. The lawyer is only a tool to "file a lawsuit". They do not consult or prevent in advance; 2. The lawyers hired do not understand criminal law, but only understand civil and economic disputes. They cannot make suggestions, and some even make wrong suggestions. A business owner was arrested and sentenced for illegal business operations. According to related reports, the owner said this sentence: My lawyer said that it is not illegal. 3. The necessity of hiring criminal lawyers. "There are specializations in the technical industry", different lawyers have different professional service areas. Companies should hire different professional lawyers for different service areas according to their actual needs. In practice, except for civil lawyers, human resources labor contract law lawyers, investment and financing lawyers, companies rarely hire criminal lawyers and consultants. When there are irreversible legal risks, they think of the serious consequences of breaking the law and are too late to regret. Therefore, when business management involves criminal offenses, it is necessary to hire professional criminal lawyers, listen to the suggestions of criminal lawyers, fully realize the criminal legal risks of certain behaviors, and be "evil small but not acting" in order to protect enterprises and entrepreneurs. Really safe.
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24
2010-05

How can developers prevent "mortgage" risks

Time of issue: : 2010-05--24
Lawyer Li Jun: Male, graduated from Shandong University with a bachelor's degree in law. Business expertise: civil and commercial legal affairs and litigation agency; real estate legal affairs; corporate legal affairs. Corporate legal services: provide legal advice for the regulation and governance of the company’s management organization, protection of shareholders’ rights and interests, and the company’s capital operation, assist investors in planning and designing the basic framework for the establishment of the company, drafting and revising the company’s articles of association, etc.; employing personnel for companies and others The unit designs and drafts labor and personnel management systems, improves contract management systems, and reduces or eliminates the litigation risk of labor disputes and economic contract disputes. Real estate legal services: Participate in the pre-demolition work of real estate development projects, follow the service throughout the process to prevent and resolve legal risks. Conduct risk prediction and review cooperation contracts for real estate cooperative development projects. In terms of contract disputes: Relying on the past practical experience in the supply and marketing of state-owned enterprises, successfully using various methods such as negotiation, arbitration, and litigation to effectively recover the bad debts that have been deposited for many years for the reformed enterprises. Home buyers pay real estate developers to purchase commercial housing through "mortgage" loans, which has become a common way of buying and selling commercial housing. The "mortgage" loan model solves the contradiction that buyers cannot buy expensive commercial houses because they have insufficient funds to buy houses, and greatly promotes people's enthusiasm for buying commercial houses. Banks are also happy with adult beauty and earn long-term profits steadily. Commercial housing development enterprises benefited from the "mortgage" loan method, and successfully sold commercial housing to achieve massive financial resources. However, the benefits and risks are at the same time. There is no relationship between the bank and the two parties of the commercial housing purchase contract. Since the transaction between the two parties requires the bank to take out real money to facilitate the transaction, the bank will naturally take the initiative in the activity of "mortgage" loans. He wants to use commercial houses purchased by buyers as collateral to guarantee his claims, and he also asks buyers to pay for insurance for the commercial houses, bringing in insurance companies to take on natural risks. Before the registration of commodity real estate rights and mortgage registration, the seller and developer of the commodity house sales contract shall bear the joint and several liability for the repayment of the loan from the buyer. The most troublesome thing for developers is the joint guarantee responsibility for the purchaser before the mortgage registration. There are many reasons why buyers do not repay the loan. At this stage, the bank will not choose to cancel the loan contract with the buyer, but according to the guarantee agreement signed with the developer, from the developer with peace of mind. The funds deducted from the account are used to repay the loan for the buyer. If something happens to the buyer of a house, or give you a "evaporation", you can't get in touch anyway. The developer can only repay the house silently first, and it is not easy to exercise the right of recovery. This is because both parties have fulfilled the commercial housing sales contract, and the buyer did not breach the contract. The buyer violated the loan contract with the bank. The bank did not exercise the right to rescind and the developer had no basis to deal with the commercial housing to repay the loan. How to prevent this kind of risk or reduce the risk? Negotiate with the bank not to bear the periodic guarantee responsibility? For the bank, there is no more suitable body to share the risk of the buyer's "mortgage" loan than the developer, so it is basically not possible. Then only find a way from the buyer's side. First, the key is to complete the registration of the property rights and mortgages of commercial housing as soon as possible When both parties sign the commercial housing sales contract or when the buyer pays the down payment, the maintenance fund and deed tax of the commercial housing, as well as the certificate processing fee and related documents required for the certificate are all collected, and the buyer handles various property rights certificates on behalf of the buyer, which not only reflects the development enterprise The enthusiasm for the service of the owners, and the ability to handle the property rights and mortgage registration of the commercial housing in their own hands. When performing this operation, don't forget that a reasonable period for license
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