Behind the nearly 3 billion public interest lawsuits: Gang-related organizations monopolize Hesha, and many officials accept bribes
The Paper, reporter Chen Xuhou
On March 15, the Guangdong Foshan Intermediate People's Court made a final ruling against Lin Jingquan and other 16 people involved in the black case: the appeal was rejected and the original verdict was upheld.
Earlier, this case has attracted the attention of the outside world because the prosecutors simultaneously filed a public interest lawsuit against nine of the defendants to claim nearly 3 billion yuan, and this claim amount was also called the "highest in the country" by the media.
In late December 2020, the Shunde District Court of Foshan made a first-instance verdict on this case: the crime of organizing and leading a triad organization, the crime of provoking quarrels, the crime of assembling a crowd, the crime of bribery, the crime of bid collusion, the crime of illegal mining, the crime of organizing prostitution, and the crime of illegality. The crime of purchasing precious and endangered wild animal products was a combined punishment for several crimes. The principal culprit Lin Jingquan was sentenced to 24 years and six months in prison, and all personal property was confiscated; the remaining 15 defendants were sentenced to 19 to three years in prison.
The court supported the attached civil public interest litigation request filed by the procuratorial organ, and sentenced 9 people including Lin Jingquan to jointly compensate the ecological environment restoration costs of more than 2.96 billion yuan.
The Paper (www.thepaper.cn) noted that during the second instance, Lin Jingquan and other appellants and their defenders proposed that the organization of Lin Jingquan and others did not meet the four statutory characteristics of a triad organization, and did not monopolize the sand mining industry in the three waters. The sand mining behavior is legal sand mining and so on.
In the part of the public interest litigation, Lin Jingquan and others appealed that they should re-examine whether they had illegal sand mining, whether there were actions that harm public interests, such as environmental pollution and ecological damage, time and facts, and the case should be amended in accordance with the law.
In this regard, the Foshan Intermediate People's Court held that the reasons for appeal and defense opinions put forward by the appellants and their defenders were insufficiently justified and rejected.
After combing through the indictment and the second-instance ruling of the case, The Paper found that as a local rich in Sanshui District, Foshan City, after the "post-60s" Lin Jingquan completed the primitive accumulation of capital, he began to extend his tentacles to the river for sand mining in 2000. Through the illegal influence of the criminal gangs under his control and the shelter and connivance of state officials, he has illegally controlled the sand mining industry in the Sanshui section of the mainstream of the Beijiang River, and has gradually become a "sand mining boss."
The court found that the illegal sand mining volume of the organization was 12,382,503 cubic meters, and the profits were amazing.
The ruling and other related materials show that after obtaining huge profits through sand mining and other forms, the organization of Lin Jingquan and others has strong economic strength, and uses it for the welfare of members of the organization, protection of the aftermath of illegal and criminal acts, and attracts state workers. Provide long-term asylum for them.
In addition, the organization has successively carried out a series of illegal and criminal activities such as provoking troubles, gathering people to fight, and colluding with bids.
Sanshui rich man involved in the crime
In February 2015, many Hong Kong stars including Zhang Zhilin appeared at the Hengfu StarWorld Hotel in Sanshui District, Foshan, to support the wedding of the couple.
After the relevant photos were disseminated on the Internet, they caused heated discussions in the local area.
According to Guangdong media reports at the time, the reporter confirmed from Hengfu Interstellar Hotel that this luxurious wedding was the son of Sanshui rich man and Hengfu Interstellar Hotel owner Lin Jingquan.
According to the industrial and commercial registration data, Lin Jingquan is the general manager of Hengfu Interstellar Hotel Co., Ltd. in Sanshui District, Foshan City.
Lin Jingquan is also the controller of several companies named "Hengfu" in Sanshui District.
Lin Jingquan, born in 1965, has a junior high school education, and a native of Fisherman's New Village, Lubao Town, Sanshui District.
On December 17, 2019, Lin Jingquan was detained on suspicion of organizing leadership and participating in a crime of a gangster organization, and was detained the next day.
The indictment revealed that Lin Jingquan was the leader of a major criminal case, and 15 people were prosecuted along with him.
The paper combed through news and found that 15 of the 16 defendants had their household registration in Sanshui District.
Among these people, 9 had a criminal record before the incident and had been sentenced.
For example, Lin Jingquan was sentenced to two years' imprisonment by Guangdong Zhaoqing Intermediate Court on April 4, 2014 for the crime of illegal mining, and was released on the 8th of the same month; on April 25, 2014, he was sentenced to Guangdong Guangning County Court for bribery. Sentenced to a fixed-term imprisonment of one year and six months, suspended for two years.
Another member of the organization, Lin Mouming, was sentenced to two years in prison by the Sanshui District Court in December 2017 for the crime of bribery, with a probation of two years and six months.
For another example, Dong Mouqin was sentenced to six years and six months in prison by the Sanshui Court in August 2002 for the crime of intentional injury, illegal possession of guns, and gambling. In July 2005, his sentence was commuted and released.
On November 20, 2019, Dong Mouqin was sentenced to eight years in prison and fined 1 million yuan by the Foshan Gaoming District Court for guilty of gathering assaults, illegal mining, and opening a casino.
Dong Mouqin, who was serving his sentence, was prosecuted for the criminal case.
In late November 2020, 16 people including Lin Jingquan and others involved in the crime were heard in the Shunde District Court.
The Paper noted that, as the leader of the gang, Lin Jingquan was suspected of organizing and leading a triad organization, colluding bids, provoking trouble, illegal mining, organizing prostitution, illegal purchasing of precious products, and crimes of endangered wildlife products, etc. He was prosecuted for multiple crimes.
In December of the same year, the first instance of the Shunde District Court found that in the 1990s, Lin Jingquan had accumulated a certain degree of economic strength in Sanshui’s fishing port, nightclub, and detergent factory, and recruited Dong Moqin and others as his subordinates, followed by left and right, and gradually established prestige.
In November 1999, Lin Jingquan instructed Dong Mouqin and others to shoot and demonstrate at the nightclub run by him, threatening to drive away some influential competitors.
After the incident, Lin Jingquan interceded with the relevant public officials in order to make the persons involved in the case be dealt with lightly.
The incident expanded Lin Jingquan's illegal influence and formed a strong position, marking the initial formation of the nature of the underworld with Lin Jingquan as the organizer and leader.
After the organization was formed, through the temptation of economic benefits, the members of the organization were gathered by recruiting "horses" and hiring employees, and finally formed Lin Jingquan as the organizer and leader, and Lin Mouming, Dong Moqin, and Li Mohong as the organizer and leader. A triad organization with key members.
Among them, Lin Jingquan has the final say in organizational affairs.
"Sand mining boss"
The indictment disclosed that after the case was solved, the Shunde District Public Security Bureau had frozen 135 bank accounts involved in the case under the names of Lin Jingquan and his organization members, frozen funds of RMB 45,589,526.33, HKD 23,367.87; seized cash of RMB 6719695, HKD 5,345,460, and 15 cars , 76 cases of jade ornaments, several jade jewelry; 222 real estates were sealed up; 62 shares of 49 companies including Foshan Hengfu Xingda Investment Group Co., Ltd. were frozen.
How did Lin Jingquan and others capture economic benefits?
The Paper noted that after completing the original accumulation, Lin Jingquan has gradually become a "sand mining boss" since 2000.
According to the court’s determination, the Lin Jingquan underworld organization (hereinafter referred to as the "Lin Jingquan Organization") began to get involved in river sand mining in the Sanshui section of the Beijiang main stream since 2000. Without obtaining a river sand mining license, the river sand was exploited. .
Within the organization, Lin Jingquan occupies a dominant position, responsible for organizing, leading, deciding on mining methods, and profitable uses.
From 2000 to 2010, Lin Jingquan organized illegal sand mining of more than 6936,000 cubic meters and made more than 105.96 million yuan in profits.
Beginning in the second half of 2014, Lin Jingquan organized illegal mining of river sand in the Sanshui section of the mainstream of the Beijiang River.
Among them, from the second half of 2014 to mid-2015, Lin Jingquan and others illegally mined 576,000 cubic meters of sand, making a profit of 11.52 million yuan.
From mid-2015 to January 2018, the Lin Jingquan triad organization and Huang Mouhong (a separate case dealt with) cooperated to illegally mine river sand in the Sanshui section of the main stream of the Beijiang River. A total of 3.72 million cubic meters of sand was illegally mined and a profit of 93 million yuan was obtained.
In addition to illegal sand mining in the mainstream of the Beijiang River, Lin Jingquan and others also illegally quarried sand in the Qingyuan section of the Beijiang mainstream and the Zhaoqing section of the Xijiang basin.
The court found that since 2009, Lin Jingquan organized a collusion with Chen Mouhui’s underworld organization and Zhang Mouhua’s group to illegally mine river sand in multiple bid sections of the Qingyuan section of the North River’s main stream beyond the scope, quantity, and time of the mining license. An oral agreement was reached on cooperation methods and profit sharing, and Lin Jingquan organized 35% of waterway sales profits.
According to investigations, between 2009 and 2018, Lin Jingquan’s underworld organization, Chen Mouhui’s underworld organization, and Zhang Mouhua’s gang frantically harvested river sand for huge profits, and the amount involved exceeded 1 billion yuan.
Since 2011, Lin Jingquan and others have colluded with Deng Mouqiang (convicted) and others to illegally mine river sand in the Zhaoqing section of the Xijiang River Basin, and Lin Jingquan has illegally profited hundreds of millions of yuan from it.
It is worth mentioning that from 2012 to 2014, Lin Jingquan was sentenced to punishment for illegally mining river sand in the Zhaoqing section of the Xijiang River Basin. While Lin Jingquan was serving his sentence, he was still responsible for the organization and leadership of relevant river sand mining.
The court found that Lin Jingquan and others had illegally controlled the sand mining industry in the Sanshui section of the mainstream of the Beijiang River, and at the same time colluded with others to monopolize the sand mining project in the Qingyuan section of the Beijiang mainstream.
In order to obtain greater benefits, Lin Jingquan transferred his illegal profits through illegal means to Foshan Sanshui Hengfu Xingda Real Estate Development Co., Ltd. and related economic entities controlled by the organization.
Several bribed officials fell
The reason why Lin Jingquan and others can quickly grab economic benefits and monopolize river sand mining is related to his strong political-business relationship.
The court found that Lin Jingquan and others had bribed many officials in order to seek asylum.
In October 2001, Lin Jingquan was summoned for investigation on suspicion of intentional injury, gambling and other crimes involving member Dong Mouqin of the organization.
In order to avoid being punished, Lin Jingquan asked Wu Jinning, who was the head of the Legal Affairs Section of the Foshan Public Security Bureau at the time, to help.
Later, in order to thank Wu Jinning for his help, Lin Jingquan gave him HK$50,000 in January 2002.
In 2006, Lin Jingquan asked Wu Jinning for help in order to prevent others from forcibly buying shares in a remediation project and river sand mining project in Lubao Town, Sanshui District, which he contracted.
At this time, Wu Jinning has been promoted to the director of the Gaoming Branch of the Foshan Public Security Bureau.
Wu Jinning avoided others from forcing a stake in the project by dealing with it, and Lin Jingquan gave Wu Jinning HK$200,000.
In order to maintain the relationship with Wu Jinning and get his care when in trouble, from 2002 to 2015, Lin Jingquan gave Wu Jinning HK$1.55 million.
In addition, Lin Mouming, another member of the organization, also offered bribes to Wu Jinning.
Lin Jingquan was sentenced to criminal punishment for illegal sand mining in the Zhaoqing section of the Xijiang River Basin. During his sentence and after his sentence was released, Lin Mouming paid a bribe of HK$60 to Wu Jinning from 2013 to 2016 in order to maintain the organization’s illegal interests in accordance with organizational practices. Ten thousand yuan.
The Paper noted that in June 2016, Wu Jinning was dismissed from the post of Secretary of the Party Committee and Director of the Foshan Judicial Bureau.
In addition to bribing Wu Jinning, Lin Jingquan also bribed a number of officials who held important positions in Sanshui District at the time.
From 2001 to 2005, Lin Jingquan asked Lu Zhuoqing, the deputy secretary of the Sanshui City (District) Committee and Secretary of the Political and Legal Committee of the Sanshui City (District) Committee, Lu Zhuoqing (a separate case), and He Zhouer, the director of the Sanshui City (District) Water Resources Bureau (a separate case) Cai Ruwen, deputy secretary of the Politics and Law Committee of the Sanshui City (District) Committee (handled in another case), three people provided assistance and protection for the illegal mining of river sand in the Lubao section and Datang section of the Sanshui section of the mainstream of the North River. Lin Jingquan in 2001 By 2017, they had respectively given 9 million yuan to Lu Zhuoqing and the others, for a total of 27 million yuan.
The Paper noted that in late November 2020, as Lin Jingquan and other 16 people were involved in the trial, Lu Zhuoqing, Cai Ruwen, and He Zhou were notified by the Foshan Commission for Discipline Inspection one after another that they were suspected of serious violations of discipline and law and were subject to disciplinary review and supervision. survey".
Lu Zhuoqing, Cai Ruwen, and He Zhouer have served in Sanshui area for many years and retired in January 2012, March 2011, and July 2014 respectively.
According to the judgment document, Lin Jingquan has reported and exposed others for offering or accepting bribes, but the court found that this did not meet the requirements for major meritorious service.
The bribery facts ascertained by the court's trial include that from 2006 to 2017, Lin Jingquan invited the then deputy chief and chief of the water administration department of the Beijiang River Basin Administration of Guangdong Province, and the director of the Beijiang Branch of the Water Resources Supervision Bureau of the Guangdong Provincial Water Resources Bureau. Liang Xiaojun, the director of the Lubao Management Office of the Beijiang Dike Management Office of Guangdong Province, provided protection and assistance for his organization of illegal mining of river sand on the mainstream of the Beijiang River and winning the bid for the mining rights of the river sand in Shijiao Kemin District, Qingcheng District, Qingyuan City, Guangdong Province.
To express his gratitude, Lin Jingquan gave Liang Xiaojun HK$30,000, and instructed people to give it to Liang Xiaojun 106,000 and HK$260,000.
From 2006 to 2010, Lin Jingquan asked Luo Weiping, who was the deputy secretary, mayor, and secretary of the Party Committee of Lubao Town, Sanshui District, Foshan City, to organize illegal mining of river sand in the Lubao section and Lubaoyong section of the Sanshui section of the mainstream of the North River. Provide assistance in the development of the Hengfu waterfront plot.
In 2009, Lin Jingquan gave Luo Weiping 1 million yuan, and around 2010, he gave Luo Weiping HK$100,000.
In September 2020, the Foshan Municipal Commission for Discipline Inspection announced that Luo Weiping, former member of the Standing Committee of Foshan Sanshui District Committee, former minister of the United Front Work Department, and former deputy secretary of the District CPPCC Party Group, was suspected of serious violations of discipline and law and is currently undergoing disciplinary review and supervision and investigation.
Public interest litigation claiming nearly 3 billion
The criminal case involving Lin Jingquan and other 16 people has attracted the attention of the outside world because the prosecution filed a public interest lawsuit against 9 defendants at the same time to claim nearly 3 billion yuan.
The "Criminal Attached Civil Public Interest Litigation Complaint" made by the Shunde District Procuratorate shows that the public interest litigant is the Shunde District Procuratorate, and there are 9 defendants including Lin Jingquan and Lin Mouming.
The prosecutors allege that starting in 2000, Lin Jingquan gathered the remaining defendants to illegally mine river sand, and also used bribery and payment of property to state officials with supervisory authority, violent intimidation and other means to drive away competitors, etc., forming a violation of river sand mining in the river basin. Illegal control of the industry.
The indictment shows that Lin Jingquan’s underworld illegal sand mining in the Sanshui area totaled 12.382503 million cubic meters. The Shunde District Procuratorate commissioned the South China Institute of Environmental Sciences of the Ministry of Ecology and Environment to assess the ecological damage caused by illegal mining.
The assessment report concluded that the total amount of ecological damage caused by the illegal mining activities of Lin Jingquan's underworld organization was 2,964,411,100 yuan.
Among them, 1. The cost of ecological environment restoration (geological environment management, river bank reinforcement and land reclamation) that caused the destruction of the river ecosystem due to illegal mining activities totaled 7.824 million yuan; 2. The value of the restoration of the damaged environmental system was verified and quantified (restored the ecosystem) Mainly) a total of 2,590,998,100 yuan; 3. The value of biological destruction caused by illegal mining activities is quantified to a total of 5.589 million yuan.
In December 2020, the Shunde District Court made a first-instance judgment on this issue. Lin Jingquan and other 9 people jointly compensated the ecological environment restoration costs and the total loss of service functions during the period from the damage to the ecological environment to the original state. The total amount of service function losses was 2,964,411,100 yuan. The fees were paid to the special fund for Foshan public interest litigation. Accounts are used to protect and improve the ecological environment.
At the same time, 9 people including Lin Jingquan had to pay an environmental assessment fee of 960,000 yuan, which was paid to the Foshan Public Welfare Litigation Special Fund Account to pay the assessment fee of this case to the South China Institute of Environmental Sciences of the Ministry of Ecology and Environment.
In addition, 9 people including Lin Jingquan were required to publicly apologize to the society in the news media above the municipal level in Foshan.
The second-instance ruling made by the Foshan Intermediate People's Court showed that the illegal mining activities organized by Lin Jingquan caused serious damage to the local ecological environment. Therefore, his legal property was first used to execute the sentence of the attached civil public interest litigation, and the rest were confiscated or deducted fines. .
The Paper noted that in the second instance, in the civil public interest litigation, the focus of the dispute was whether the sand mining behavior of Lin Jingquan and others was illegal, the damage consequence and the determination of the loss, the causal relationship between the sand mining behavior and the damage consequence, and the tort liability. How to bear, the statute of limitations and other issues.
The Foshan Intermediate People’s Court found that Lin Jingquan and others did not report to the water administrative department for approval and obtained the "Riverway Sand Mining Permit" for sand mining, which is obviously illegal. It stated that the sand mining has been obtained by the local township government and the local township government. The consent of the village collective and the signing of the corresponding contract is not a legal form of permission from the statutory authority, and cannot be a reason for the legalization of its illegal activities.
As for whether it paid river management fees, contracting fees, security deposits, complaints from residents and government penalties, etc., they were not enough to affect the determination of the illegality of their undocumented sand mining activities.
Regarding the calculation of the nearly 3 billion public welfare claims, the Foshan Intermediate People’s Court stated that according to the assessment report involved in the case, the losses caused by the infringement in this case are divided into two parts. The first is the cost of ecological environment restoration, including geological environment treatment, river bank reinforcement, and land restoration Reclamation of 7.824 million yuan, and quantification of the value of restoring the damaged ecological environment system was 295,099,100 yuan (the total amount of sand mining is 12,382,503 cubic meters multiplied by the comprehensive unit price of river sand 238.32 yuan per cubic meter); the second is the period from damage to the restoration of the ecological environment The service function loss, that is, the quantified value of biological damage is 5.5889 million yuan, and the above total is 2964.4111 million yuan.
After review, the above items are the statutory compensation items stipulated in Articles 20 and 21 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Environmental Civil Public Interest Litigation Cases". The calculation method used to determine the loss is scientific and reasonable. , Should be adopted.
The Foshan Intermediate People's Court also stated that the assessment agency involved in the case has environmental damage assessment qualifications. The assessment agency accepts the unilateral entrustment of the procuratorial agency to conduct assessments. It did not violate my country's legal prohibitions and that the procedure did not violate the law.
Although the appraisers Luo and Huang did not sign the appraisal report, the court of first instance has verified with the two that they actually engaged in the appraisal work involved in the case and participated in the writing of the report.