news

한어Русский языкEnglishFrançaisIndonesianSanskrit日本語DeutschPortuguêsΕλληνικάespañolItalianoSuomalainenLatina

five days after young entrepreneur liu wubiao was imprisoned, his family received a mysterious note demanding 12,000 yuan. liu wubiao was sent to the hospital due to illness 47 days later and died 2 years and 39 days later.

on august 26, 2024, liu wubiao’s body was cremated at longshan funeral home in taiyuan city.

the "cremation notice" from the no. 1 prison in taiyuan city, shanxi province stated that liu wubiao died due to illness and failed to save him.

cremation notice

liu wubiao is a young entrepreneur who made his fortune in the timber business in his early years. after becoming the "richest man" in the county, he returned to his hometown to start a business. after he successfully obtained the photovoltaic power generation project, a series of troubles followed.

first, wang jinfeng, then secretary of the county party committee, asked liu wubiao for 2 million, but he refused; after cooperating with a state-owned enterprise to complete a photovoltaic power generation project and connect it to the grid to generate electricity, he was reported by the state-owned enterprise and its personnel to be involved in organized crime; after being imprisoned and imprisoned, his condition worsened and required medical parole, but he was refused by the local government. ...in the end, liu wubiao's life came to an end.

family members claimed that the cause of liu wubiao's death was the mysterious note leaked from the prison.

on june 24, 2019, liu wubiao was imprisoned. on the fifth day after being imprisoned, his wife liang yuzhen received a note from a stranger via wechat.

the note signed by liu wubiao said: reform in the prison area is very difficult. i need 12,000 yuan to do something and transfer the money to the contact person.

liang yuzhen refused to transfer money to her mysterious contact yang cuiping on the grounds that "the lawsuit has dissipated all her family wealth and even sold her cattle." this became the thing she regretted most in her life.

after being allowed to visit the prison, liang yuzhen went to see her husband liu wubiao, who had already been sent to the hospital. liu wubiao, whose body was severely swollen and deformed, told liang yuzhen that because liang yuzhen did not pay him, he was corporally punished during the training camp. he had to stand all day and night, was not allowed to sleep, and was beaten, which caused his diabetes to relapse.

on september 17, 2021, liu wubiao died of illness in prison.

speaking of this, liang yuzhen choked up and was speechless. a few seconds later, she held back tears and said with extreme regret, "i was the one who harmed my husband. if i had thought of a way to give them money, my husband might not have died."

liang yuzhen felt guilty for her late husband. no matter how hard it was over the years, she never gave up on defending liu wubiao.

liang yuzhen avenges her late husband

text |fu song

picture |xu jia cuisine (provided by some family members)

edit |li jin

design｜zhen ke

01

earn tens of millions in lumber business in 7 years

returned to his hometown to start a business, lost all his property and incurred debts

liu wubiao was born on june 16, 1972 in wenjiazhuang village, mafang town, fangshan county, shanxi province. his parents ran a clothing business. he stopped studying after finishing the third grade of elementary school. he started doing business with his parents at the age of 12.

liu wubiao has four older brothers and one younger sister. living conditions were very difficult since he was a child. eating eggs was like celebrating the new year. at the age of 21, he married liang yuzhen from a neighboring village.

after marriage, liang yuzhen gave birth to a daughter and a son. in order to make his family's life better, liu wubiao bought a trailer and became a truck driver for transportation.

liu wubiao’s family of four

at that time, everyone envied not only those who flew in the sky, but also those who ran on the ground. liu wubiao drove there, and liang yuzhen followed him there. the farthest and most visited places were shaanxi and hebei, transporting coal and supplies to people.

after several years of long-distance freight transportation, liu wubiao discovered a way to get rich by supplying timber to coal mines, which at that time needed a large amount of pit wood. the couple went to the three northeastern provinces of heilongjiang, liaoning, and jilin to purchase timber and sent it to major coal mines in their hometown of shanxi by train and trailer.

liang yuzhen recalled that in seven years, they earned more than 10 million yuan from wood. "there was a coal boss who owed us more than 1 million yuan. he had no choice but to use his 1.2 million cruiser and audi a6 to pay off the debt. my husband used this two cars replaced 7 houses in luliang city.”

for a time, liu wubiao became a wealthy man within a few miles of fangshan county. some even said that he was the richest man in the area. he also began to pursue the quality of life and visited high-end hotels. he likes cars and often buys luxury cars.

liang yuzhen said that she was the first female driver in the local area. the first car liu wubiao bought her was a santana, and later she changed it to a camry. "my husband and i are different, although we often have two or three hundred thousand in hand," liang yuzhen said. cash, but i don’t like publicity.”

in 2010, due to the shrinkage of the timber business, the couple returned to their hometown from the northeast. for a long time, liu wubiao took his wife to travel everywhere. liang yuzhen still remembers that they drove to hainan, then transported the car back to their hometown, and then took a ship to guilin. she likes the landscape of guilin. it was the happiest time of their couple.

liu wubiao and his wife liang yuzhen

however, liang yuzhen clearly felt that her husband was a little distracted, "when he had a few dollars in his hand, he started to squander it. if people said the industry was good, he would do this, and if others said that was good, he would do that. no one would do it seriously." liang yuzhen explain.

liu wubiao eventually switched to agriculture. liang yuzhen said: "he heard about agriculture from his friends, and i agreed, because at that time the country encouraged the vigorous development of agriculture, and i felt that there was hope in agriculture."

after some preparations, fangshan county julong agricultural products co., ltd. was established on august 18, 2010. among the three shareholders, liu wubiao invested 900,000, another invested 200,000, and one did not actually contribute.

julong company mainly processes and produces potato starch, and the first equipment cost 700,000 yuan. since the price of potatoes rose from 5,000 yuan per ton to 13,000 yuan that year, they made a lot of money in the first year.

because everyone started calculating after making money, several partners finally broke up, and even the partner who did not contribute the capital asked for a "breakup fee" of 1 million.

after the two partners withdrew from the company, liu wubiao invested 4 million yuan to add new equipment.

liang yuzhen said that when investing heavily in agriculture, you have to spend money every day. the working capital is at least 3 million a year, and it is difficult to see benefits.

soon, all their previous savings were burned away, and in the end they couldn't even pay their employees' wages.

but liu wubiao had no way out. he borrowed usury from others without telling his family. liang yuzhen only found out when the debtor came to his door.

liu wubiao wanted to carve out a way for potato seedlings, so he went to qingdao, zhangjiakou and other places to inspect.

the potato seedlings improved by liu wubiao increased the yield per mu from more than 1,000 kilograms to 7,000 kilograms. he has a potato planting base of 4,800 acres under his name. in addition to being used in this county, the products are also exported to lan county, loufan, gujiao, and baoji, shaanxi. in other cities and counties, liu wubiao was hailed as the "potato king" and "potato expert" by the local media in shanxi.

his reputation suddenly grew. lou yangsheng, then secretary of the shanxi provincial party committee, visited fangshan county for an inspection. liu wubiao took a photo with the secretary of the provincial party committee alone.

despite the superficial glory, liang yuzhen knew that the potato industry had not brought benefits to the company. the company had been in a state of loss, and liu wubiao still relied on loan sharks to "sustain his life."

as for the reasons for the failure, liang yuzhen summarized two reasons: first, the potato seeds were given to farmers on credit. after the harvest, some farmers not only did not sell the potatoes to the company, but even did not pay for the seeds; second, most of the potatoes grown by the company were give as a gift.

02

annual income from photovoltaic power generation is 12 million

“when the pigs are fattened, someone will come and slaughter them.”

time came to 2014, when liu wubiao was struggling to get out of the quagmire, zhang chu, a friend he had met in the northeast, came to visit him and gave him a golden idea - photovoltaic power generation. a friend said to him: "you are doing so well in agriculture, and the state supports agriculture and photovoltaic complementation."

liang yuzhen said that at that time, "photovoltaic agriculture" was being carried out in many places across the country, but it had just started in shanxi, and only state-owned enterprises had been approved, while private enterprises were still blank. liu wubiao, who was in despair, seemed to have found a life-saving straw. he devoted himself to researching the photovoltaic power generation project, making materials and entrusting connections to strive for this project.

fangshan county also attached great importance to this project and sent a special letter to luliang city for instructions. the project was also reported to the province. in liang yuzhen's original words, "the county magistrate personally went to the province to run this project," but the result was that it still failed.

wang liwei, then party secretary and director of the shanxi provincial poverty alleviation and development office, passed by fangshan county and found that julong company was doing well in agriculture, so he went to visit the company. after learning that the company encountered difficulties in applying for photovoltaic power generation, he said he would ask about it when he got back.

in 2015, wang liwei became the mayor of luliang city, and liu wubiao felt that an opportunity had come. he sent a text message to the new mayor wang liwei and mentioned the photovoltaic power generation project again. wang liwei asked him to go to the luliang municipal development and reform commission.

not long after, the photovoltaic power generation project was approved. on september 24, 2015, the agricultural greenhouse photovoltaic power generation project applied for by julong company was approved by the shanxi provincial development and reform commission.

the enterprise investment project registration certificate of the shanxi provincial development and reform commission states that the construction scale of the project is an agricultural greenhouse with an installed capacity of 10 megawatts and an annual output of 2 million kilograms of potato seeds. the main construction content includes newly acquired land, crystalline silicon battery components and supporting ancillary facilities, with a total construction area of ​​3,000 square meters, a total project investment of 135 million, and a construction period of 24 months.

photovoltaic power generation project approved

liang yuzhen said that the photovoltaic power generation project is indeed a good project, but the investment is too large, and they don’t have a penny on their hands. “my friends in the northeast don’t have enough money, so they went to many places to raise funds without success. in the end, they left and put the project aside.” it was thrown to us, but the project must be completed within the specified time limit, otherwise not only us, but also the leaders of the relevant departments in the county will be held accountable.”

in order to prevent the project from dying, liu wubiao frantically searched for investors, but no one from individuals or private enterprises was willing to invest money. the conditions and requirements for the acquisition of state-owned enterprises must reach more than 20 megawatts.

just when all roads were blocked, a tianjin man named li yuxiang saw this project at the shanxi provincial development and reform commission and took the initiative to contact liu wubiao, saying that he had money and the ability to cooperate. the two parties signed a contract, and after li yuxiang paid a deposit of 500,000 to liu wubiao's company, he took away the project documents, company business license, official seal, etc.

the real situation is that li yuxiang didn't have any money, so he took the company's documents and found li peng, the project manager of shanxi linfen thermal power co., ltd.

according to li peng, on december 23, 2016, shanxi zhangze electric power co., ltd. (now renamed jinneng holding shanxi electric power co., ltd.), the parent company of linfen thermal power company, fangshan county julong agricultural products co., ltd., and zhongcai construction gongyuan garden group co., ltd., liu wubiao and liang yuzhen jointly signed the "cooperation agreement on 20mwp distributed agricultural greenhouse photovoltaic power generation project of fangshan county julong agricultural products co., ltd.", stipulating that zhangze electric power company, as party a, is responsible for providing funds for photovoltaic power generation. support, zhongcai construction and garden company, as party c, is the general contractor of the project.

photovoltaic power generation project cooperation agreement

the cooperation agreement also stipulates that liu wubiao and liang yuzhen will pledge their 100% equity in julong company to zhangze electric power company within 10 working days after the signing of the agreement, and at the same time, all assets, licenses, seals, financial account books, and documents of julong company will be pledged. , preliminary project information, etc. were handed over to zhangze electric power company.

liang yuzhen said that although this condition was a bit harsh, liu wubiao was very happy because zhangze electric power company is both a state-owned enterprise and a local company in shanxi, so "the wealth will not flow to outsiders."

shortly after the cooperation agreement was signed, due to the incomplete qualifications of zhongcai construction garden, the above parties signed the "dissolution agreement" on april 18, 2017, and signed the "supplementary agreement" on the same day, and the general contractor was changed to china construction guoxin engineering construction ltd.

julong company photovoltaic power generation

in june 2017, the photovoltaic power generation project was completed and connected to the grid for power generation. the benefits are truly astonishing. we can collect electricity bills of about 1 million yuan a month and earn more than 12 million yuan a year.

this allowed liu wubiao, who had lost all his family property and still owed high debts, to finally see some hope in agriculture.

"no one will be jealous if the pigs are fattened. once they are fattened, someone will kill them." liang yuzhen's worry turned out to be a prophecy, and later became a reality.

03

state-owned enterprises fail to seize

report private enterprise owner’s involvement in organized crime

liang yuzhen said that according to the cooperation agreement, after the photovoltaic power generation is completed and connected to the grid, if julong company can operate it itself, the money and interest borrowed from zhangze electric power company will be returned to them; if the photovoltaic power generation fails to repay the entire loan after being connected to the grid. principal and interest, 100% equity of julong company will be transferred to zhangze electric power company within 10 working days.

"originally, we didn't want to run the business anymore and wanted to transfer all the equity to them, but after the project was completed, they wouldn't pay a penny and forced us to transfer the equity." liang yuzhen said that according to the previous agreement, the other party needed to transfer all the equity of the company. give them more than 20 million, "we plan to use this money to pay off all the debts, and then use the remaining money as start-up capital to make a comeback. because they don't give money, we can't transfer it. the conflicts between the two sides continue to intensify, and li peng also fights he threatened, insulted and even called people to the company to beat liu wubiao and others.”

the appraisal certificate issued by the judicial firm center of the fangshan county public security bureau shows that at around 17:00 on october 17, 2017, liu wubiao and li peng discussed the handover of photovoltaic power generation procedures at the starch factory in wenjiazhuang village, mafang town, fangshan county. during the fight, the two had an argument and beat each other. during the fight, liang qinzhen and li hongping heard someone fighting and went over to start the fight without pulling away. the four of them got into a fight, resulting in four people being injured and hospitalized.

certificate of appraisal

after identification, liu wubiao's injuries were minor. "this matter just went away, and no one even took care of tens of thousands of yuan in medical expenses." liang yuzhen said that in february 2018, another group of people came to the company. regarding the transfer of equity, “we made an appointment at the county hotel to discuss the matter. in addition to my husband liu wubiao and i, our company’s accountant and the director of the county agricultural bureau were also present. they had agreed on how much money they would give us, but we didn’t expect to go to the industrial and commercial office to change the equity. at that time, i was told that the company had become a black account, so the equity transfer was not successful.”

during this period, a "report letter requesting strict dealing with the luliang underworld forces" was sent to the luliang city discipline inspection commission. the informants were china construction guoxin engineering construction co., ltd., li peng, and li yuxiang. the persons reported were liu wubiao, liu guobiao (secretary of wenjiazhuang village, fangshan county), liu haihua (liu wubiao’s nephew), and liu xuefei (liu wubiao’s nephew).

the letter stated that in order to purify the investment and business environment in fangshan county and ensure that local people live and work in peace and contentment, the whistleblower reported to your bureau the evil forces such as liu wubiao and liu haihua in fangshan county.

the report letter particularly emphasized that liu wubiao and liu haihua, as local tyrants, acted lawlessly, arbitrarily attacked fangshan investors and ordinary people, and damaged and misappropriated other people's property.

the report letter also listed the illegal and criminal facts of liu wubiao and others.

the report letter was handed over by the anti-crime office of fangshan county public security bureau to the second anti-crime squadron on april 13, 2018.

report letter

near noon on april 17, liang yuzhen was preparing to cook noodles for liu wubiao who was staying at home. "my husband's cell phone suddenly rang. it was li peng. li asked where he was. my husband said he was at home. li peng continued to ask. which home? my husband said it was the home in the county. li peng said yes and then hung up the phone." liang yuzhen said that not long after, the police handling the case came to the home and took liu wubiao away.

the detention notice stated that liu wubiao was suspected of extortion. liang yuzhen was confused and suddenly felt the seriousness of the problem because her husband liu wubiao had told her that the then county party secretary wang jinfeng had asked him for 2 million but he refused. liu yuzhen thought this was obviously an opportunity for the county party committee secretary to retaliate against liu wubiao.

in fact, as early as the beginning of 2018, someone was soliciting clues about liu wubiao's crime through social platforms, promising 50,000 yuan for finding clues to the crime, and 30,000 yuan for providing valid clues and verifying that there was no problem.

collecting clues about liu wubiao’s crime

after trial, it was found that since april 2017, the defendant liu wubiao, during the construction and operation of the julong photovoltaic power generation project in fangshan county, gathered the defendants liu xuefei, su ruihong, wu yuping, li jianqiang, zhang youwu and others, and resorted to violence and violence on many occasions. threats, intimidation and other means are used to block work and roads, forcefully contract projects, extort, provoke troubles, and disrupt the construction order of engineering projects, seriously disrupting local social security order, causing relatively bad social impacts, and forming evil forces.

in the end, liu wubiao was found guilty of picking quarrels and provoking trouble, extortion, and forced transactions, and was sentenced to seven years in prison.

liu wubiao was sentenced to 7 years in prison

after liu wubiao was sentenced, he was sent to taiyuan no. 1 prison in shanxi province on june 24, 2019 to serve his sentence.

at 8:37 a.m. on june 28, liang yuzhen received a friend request on wechat: your husband asked me to contact you. at 10:32 the next morning, the stranger continued to send her friend requests.

after liang yuzhen applied as a friend, a person named "low-key" on wechat immediately sent a note.

this note signed by liu wubiao said: wife liang yuzhen, i am undergoing rehabilitation in a certain ward of taiyuan no. 1 prison. i need 12,000 yuan. it is very difficult here. i need money to do something. please give me the money. of people will do.

"low-key" then sent a message: can you see it clearly? if you are still unsure about anything, you can ask me and i can tell you.

liang yuzhen replied: ok.

"low-key" issued an icbc card number with the account name yang cuiping, and said: "if you think about it, transfer the money to this card."

liang yuzhen replied: why does he want so much money? the account has been recorded for him. besides, in order to fight the lawsuit, i have already dissipated all my wealth and even sold my cattle. where can i find so much money?

wechat chat screenshot

liang yuzhen did not transfer the money in the end, which became the thing she regretted most in her life.

after being allowed to visit the prison, she was allowed to see her husband liu wubiao, who had already been sent to the hospital. several years later, she still remembers some details of that time. she didn't recognize liu wubiao when he walked out. her daughter asked her, "mom, is that my dad?"

liang yuzhen looked at the man walking towards her, who was as bloated as a dead man soaked in water. she answered her daughter hesitantly, "no." when she got closer, she realized it was her husband liu wubiao.

she grabbed the receiver and asked, "why are you like this in just two months?"

liu wubiao replied: "i was corporally punished during the training camp. i had to stand all day and all night, and was not allowed to sleep. i was also beaten, which caused my diabetes to relapse."

liang yuzhen asked: "why do people punish you and hit you corporally?"

liu wubiao said: "because you didn't give me money."

on june 28, 2020, liang yuzhen applied to the prison for temporary execution outside prison.

on june 30, 2020, the prison initiated the temporary execution of liu wubiao outside prison.

the "investigation report" issued by the fangshan county community correction center believes that liu wubiao seriously disrupted the local social security order, caused a relatively bad social impact, formed an evil force, and was relatively harmful to society. he was the second typical evil force gang in fangshan county. cases, the risk of re-offending is relatively high.

on january 25, 2021, taiyuan no. 1 prison once again sent a letter requesting fangshan county to issue an investigation and evaluation opinion. on february 4, fangshan county community correction center had still not issued a conclusive opinion. on april 16, after collective research by the prison district where liu wubiao was located, it was believed that the application of temporary execution of sentence outside prison to liu wubiao would be socially harmful, and they unanimously agreed to stop the application for temporary execution of sentence outside prison for liu wubiao.

three years after the incident, in a recording, the person in charge of taiyuan no. 1 prison mentioned the matter: "if they (referring to fangshan county) don't accept them, we can't continue. it's socially harmful, which means they don't want them." ”

as for the "note" incident, the person in charge said that based on liang yuzhen's report, the provincial commission for discipline inspection came down to investigate. the investigation results are: yang cuiping, who provided the phone number and card number, is the mother of zhou moumou, an inmate in prison. this person secretly hid a mobile phone into the prison, asked liu wubiao to sign a note and then used the mobile phone to contact liang yuzhen. "this incident involves several prisoners and a prison guard were sentenced to one year in prison, suspended for one year and six months, for the crime of disrupting supervision and order, and the prison guard was sentenced to one year for abuse of power.

the relevant person in charge of taiyuan no. 1 prison also revealed a detail that criminal zhou moumou's snoring affected liu wubiao's sleep, causing the two to fight.

liang yuzhen said that she had lived with liu wubiao for more than 20 years and knew that he was a timid person who would not take the initiative to fight with others, let alone use money to buy cigarettes to honor anyone. he must have been threatened or even beaten before giving money to his family. asking for money to "do things".

"if fangshan county had been willing to accept him, my husband would have received careful care from his family and received better treatment, and he might not have died," liang yuzhen said.

finally, after liu wubiao's body was stored for more than 1,000 days, his family agreed to be cremated.

04

there is no winner in the battle of interests

the former fertilizer and water projects were idle and abandoned.

less than a month after liu wubiao was arrested, the approval document for another 10 megawatts of photovoltaic power generation targets was issued.

at 4:28 pm on may 5, 2018, liang yuzhen sent a message to li peng: you will not care about the project in 2018. even if wu biao is not around, i will still be a shareholder of this company. this is not a trivial matter. if you don’t care about the week, as soon as possible, we will go to zhangze electric power company to discuss this matter with your leaders.

li peng replied: go ahead, the head office knows everything. the head office no longer wants this project. you are still messing around. do you think the matter is still small? if you make it bigger, you can do whatever you want. few people will see it. i still want to get in a few more. you can only find a way out if you cooperate well now. don't blame everything on me, li peng.

screenshot of mobile phone message

then, zhangze electric power company launched an intensive civil crusade against julong company. on september 6, 2018, it sued julong company, liu wubiao, liang yuzhen, and china construction guoxin company to the court, requesting the defendants to repay more than 60 million project funds. and interest.

on december 29, 2018, the taiyuan intermediate people’s court made the first-instance judgment: 1. the defendant fangshan county julong agricultural products co., ltd. shall repay the plaintiff shanxi zhangze electric power co., ltd.’s loan of 60.6249746 yuan within ten days from the date of the judgment taking effect. and pay interest on this amount at four times the loan interest rate of the people's bank of china for the same period. the interest calculation is from june 27, 2017 to the date when the loan is repaid; 2. the defendant liu wubiao and the defendant liang yuzhen used the defendant fangshan county's julong agricultural products co., ltd.’s 100% equity discount or auction or sale price will have priority in repaying the above debts and assume the guarantee liability; 3. the defendant, china construction guoxin engineering construction co., ltd., shall bear joint liability for repayment of the portion of the pledged guarantee that is insufficient, and shall have the right to recover compensation from the debtor fangshan county julong agricultural products co., ltd. within the scope of actual liability.

liang yuzhen appealed against the verdict, and the shanxi provincial high court revoked the taiyuan intermediate court's (2018) jin 01 minchu civil judgment no. 1021 and remanded the case for retrial.

taiyuan intermediate people’s court ruled after retrial: 1. the defendant fangshan county julong agricultural products co., ltd.’s entire equity was changed and registered under the name of jinneng holding shanxi electric power co., ltd.; 2. the defendant fangshan county julong agricultural products co., ltd. submit an application for equity change registration to the industrial and commercial administration authorities within 15 days from the date the judgment takes effect; 3. defendants liu wubiao and liang yuzhen shall submit procedures to the industrial and commercial administration authorities within 15 days from the date this judgment takes effect to assist in transferring their holdings. all equity interests in shanxian julong agricultural products co., ltd. were registered under the name of the plaintiff jinneng holding shanxi electric power co., ltd., and the plaintiff was assisted in changing the registration of the legal representative of fangshan county julong agricultural products co., ltd. and the official seal, certificate, and transfer of relevant information; 4. defendants liu wubiao, liang yuzhen, and china construction guoxin engineering construction co., ltd. are jointly and severally responsible for assisting fangshan county in accordance with the "cooperation agreement on the 20mw distributed agricultural greenhouse photovoltaic power generation project of fangshan county julong agricultural products co., ltd." julong agricultural products co., ltd. handles all documents, licenses and other procedures required for photovoltaic power generation project registration and grid-connected power generation in fangshan county julong agricultural products co., ltd.

after liang yuzhen appealed, the shanxi provincial high court made a final judgment on may 30, 2023, rejecting the lawsuit request of jinneng holding shanxi electric power co., ltd.

liang yuzhen, who won the lawsuit, began to fight back. she took jinneng company to court and asked the court to order the defendant to return its account opening license, tax registration certificate, business license, official seal, financial seal and corporate seal.

the court of final appeal held that jinneng holding shanxi electric power company held the official seal and relevant licenses of julong company in accordance with the "cooperation agreement" signed by both parties, and with the permission of the legal representative liu wubiao. the company's ownership of the company's official seal and certificates is protected by law. when the company's certificate is actually kept and the holder has no legal reason or basis to continue to keep or hold the company's certificate, it shall bear the legal responsibility to return the company's certificate. therefore, the decision of the first instance court was upheld. judgment: the defendant shanxi zhangze electric power co., ltd. shall return the account opening license, original and duplicate tax registration certificate, original and duplicate business license, and original and duplicate organization code certificate of the plaintiff fangshan county julong agricultural products co., ltd. to the plaintiff fangshan county julong agricultural products co., ltd. , an official seal, a financial seal, and a seal of the legal representative liu wubiao.

liang yuzhen said that although both civil lawsuits were won and the license was returned, the management, operation and maintenance of the photovoltaic power generation project had been controlled by jinneng company from the day of construction.

at the end of november 2023, the luliang municipal energy bureau carried out a cross-inspection operation to investigate major accident hazards in the power industry in the city. during the inspection process, julong company's photovoltaic power generation was found to have more than 10 problems, including staff without special operation certificates. the company therefore he was fined 110,000 and suspended for rectification.

administrative penalty notice

on november 30, julong company mentioned in a letter to jinneng holding shanxi electric power co., ltd. that since the company has always been controlled and managed by jinneng holding company, it hoped that your company would make rectifications as soon as possible. according to the relevant terms of the cooperation agreement, due to the management of your company improperly failing to make rectifications in accordance with the rectification notice will result in all losses and related legal liabilities of the project company being fully borne by your company.

on december 28, shanxi zhangze electric power taiguping photovoltaic power generation co., ltd. stated in a letter to julong company that in may 2023, the shanxi provincial high court rejected our company’s equity appeal against your company and our company continued to operate. the weifangshan photovoltaic power station has no basis in theory or law. on december 4, our company negotiated with your company and hoped that you and we would sign an operation and maintenance contract. our company will continue to operate and maintain fangshan photovoltaic power station in accordance with the contract. your company rejected our proposal.

on december 22, fangshan county energy bureau suspended production of fangshan photovoltaic power station for rectification based on the inspection results of luliang city energy bureau’s “special action for the investigation and rectification of major accident hazards”. in the past 7 years since our company has operated and maintained fangshan photovoltaic power station, your company has not paid any operation and maintenance fees to our company, and has adopted an indifferent attitude towards fangshan photovoltaic power station. however, in the past 7 years, our company has been operating and maintaining the fangshan photovoltaic power station. fangshan photovoltaic power station paid more than 10 million yuan, which caused financial difficulties for our company and was unable to continue to advance the operation and maintenance expenses of fangshan photovoltaic power station. if your company does not reply, please seek an operation and maintenance unit as soon as possible and complete the operation and maintenance handover of fangshan photovoltaic power station on january 20, 2024.

letter received by liang yuzhen

liang yuzhen said that on january 21 this year, she took people to the site to take over the photovoltaic power station, but the managers were unwilling to leave. "i called the police. after the police came, they agreed to evacuate the next day."

although the management rights of the company and the photovoltaic power station have been regained, there is no winner in the battle of interests between the two parties. the electricity revenue generated after the photovoltaic power station is connected to the grid for power generation is more than 70 million (including state subsidies). since the dispute between the two parties has not been resolved, no one can withdraw a penny. when jinneng company was under management, they could not get any money without the signature of the legal person of julong company. after julong company took back the management rights, julong company could not get a penny because jinneng company applied for preservation.

freezing ruling

on january 9, 2024, jinneng company took julong company to court again, requesting the court to order julong company to repay principal and interest of 120 million. the case was heard in may this year, and the judgment has not yet been issued.

since liu wubiao left, liang yuzhen, the new head of julong company, has to deal with rounds of lawsuits while managing the mess of the photovoltaic power station. not only is he facing millions of losses due to production shutdowns, but he also has to deal with being found out. more than 10 existing problems were rectified one by one.

"i finally paid the fine of 110,000 yuan after raising money from all over the place. now the only remaining issue that cannot be rectified is the freezing of the account. i really have no choice about this because jinneng company applied for preservation and cannot unfreeze it." liang yuzhen said that the photovoltaic power station has stopped production. hundreds of thousands of dollars were lost in one day, all of which was caused by jinneng's previous poor operation and maintenance management.

05

the prosecutor's office refused to protest

woman insists on avenging her late husband

another important task of liang yuzhen is to avenge her late husband liu wubiao.

with the victory of two civil judgments and the testimony of some witnesses, liang yuzhen appealed to the shanxi provincial people's procuratorate on the grounds that there was new evidence proving that the facts identified in the original judgment and ruling were indeed wrong, which may affect liu wubiao's conviction and sentencing.

on the morning of august 20, 2024, the luliang municipal people’s procuratorate organized a hearing on liang yuzhen’s complaint.

notice of hearing (extended to august 20)

at the hearing, li ziyuan, the attorney hired by liang yuzhen, pointed out that evil forces must first be organized to a certain extent and gather together for the purpose of committing crimes. this case only targets a photovoltaic power generation project and its staff, which is a specific target. , not an evil force.

among them, the facts identified by the court as the crime of forced transaction are: in september 2017, li yuxiang, the general contractor of the julong photovoltaic power generation project in fangshan county, negotiated with li jianhui (the construction leader) and planned to convert the photovoltaic area office building (located in mafang the hardened pavement project in front of the village of wenjiazhuang town was contracted to yue yunping from houdongwangping village, getong town, fangshan county at a unit price of 80 yuan per square meter. after yue yunping and liu haiping conducted on-site surveys, the two parties prepared to sign the contract at the office of li yuxiang of the project department. . after the defendant liu wubiao found out, he threatened yue yunping, saying that the project would not be completed even if it started, and yue yunping was forced to give up the contract. later, liu wubiao forcibly contracted the project at a unit price of 130 yuan per square meter, and handed it over to fellow villager kang zhijun and others for construction. after completion, after on-site measurement, the hardened area was 1,036.51 square meters, and the total project price was 134,746.3 yuan. the fangshan county public security bureau entrusted luliang zhongtuo price appraisal co., ltd. to conduct an appraisal. the estimated price of the ground hardening project was 60,506 yuan.

lawyer li ziyuan said that for the hardening of the road surface, the previous civil judgment related to the public security investigation had not been issued, but the status of the year was investigated and evidence collected. now this project has an effective judgment proving that the photovoltaic power generation project belongs to liu wubiao company. since it is his company's project, liu wubiao has the autonomy to let whoever he wants to build it. obviously, the court made a mistake because there was no crime of forcing oneself to trade.

li ziyuan mentioned that the four incidents identified by the court as "picking quarrels and provoking trouble" all occurred within the photovoltaic power generation project area. "since the project is mine and you are occupying it and not leaving, it has violated my rights and interests. i am exercising my right to evict you in accordance with the law." why are my rights and interests causing trouble?" li ziyuan said that the law cannot bow to disobedience. as for conflicts or disputes between the two parties, they can be resolved civilly.

lawyer li ziyuan believes that the most funny and incredible thing about liu wubiao’s case is the crime of extortion. the criminal facts determined by the court are as follows:

liu wubiao’s criminal verdict

lawyer li ziyuan said that there is also new evidence in the "porcelain incident". first of all, there is no denying that liu wubiao and li jianhui are suspected of retaliation due to conflicts over the photovoltaic power generation project, but those who take revenge may not necessarily commit crimes. in this case, li jianhui drank. drinking and driving is illegal. anyone who finds clues to a crime has the power to stop him. even if liu wubiao has a conflict with him and discovers that he has committed a crime, arrange for someone to intercept him and hand him over to the public security agency. this is obviously not illegal. of course, there is 15,000 yuan in compensation, but this is compensation for hurting someone, not money forced to pay for drunk driving. moreover, the matter was settled through mediation by the public security organs at the time, and now li jianhui himself is willing to appear in court to testify.

at the end of the hearing, the chief hearing officer asked the family members to complete evidence and materials to prove that the photovoltaic power generation project belonged to liu wubiao company. the procuratorate would make a decision on whether to protest after comprehensive verification.

in addition, wang jinfeng, the former secretary of the mashan county party committee who demanded 2 million from liu wubiao, was investigated in november 2022 for suspected serious violations of disciplines and laws. on august 10, 2023, the luliang city intermediate court held a trial to hear wang jinfeng's bribery, abuse of power and other criminal facts. wang jinfeng was sentenced to 10 years in prison.

this gave liang yuzhen and her family a little hope.

over the years, liang yuzhen has spent more than 1 million to fight the lawsuit, leaving her family destitute and heavily in debt. her greatest hope is to one day avenge her late husband liu wubiao, pay off her debts, and then live a peaceful life.

however, she recently received a notification of the result of the criminal complaint from the people's procuratorate of luliang city, and the procuratorate decided not to protest.

faced with this result, liang yuzhen was not discouraged. she said: "i will persist in appealing."