Legal Analysis Of The Retrial Case Of Zhang Wenzhong

On May 31,2018,it was not only the most important day in the life of Zhang Wenzhong,a private entrepreneur,but also a day remembered by countless private entrepreneurs in China.It was also a landmark day for the protection of property rights of private enterprises and the construction of the rule of law.On this unforgettable day,the Supreme People's court made a final judgment on Zhang Wenzhong's case of fraud,unit bribery,misappropriation of funds for retrial: changing Zhang Wenzhong's innocence according to law,and returning the property and fines recovered from Zhang Wenzhong and Wumei group.Zhang Wenzhong's retrial is the first case of private enterprise's property right protection that the Supreme People's court retrial according to law under the background of building a legal business environment,strengthening the protection of private enterprise's property right and private enterprise's family property.Zhang Wenzhong's retrial is of great value to the victims,private entrepreneurs and courts.Through typical cases,it shows the determination of the central government to protect the property rights of private enterprises and the legitimate rights and interests of private entrepreneurs in accordance with the law,and provides guidance for local courts in handling relevant cases.The revision of Zhang Wenzhong's case also shows that the healthy and long-term development of private enterprises is inseparable from the legalized business environment.The concept of equal protection of the property rights of private enterprises is gradually in-depth legal practice.This paper uses case analysis to study the legal issues in the retrial of Zhang Wenzhong.In addition to the introduction and conclusion,the main content is divided into three parts.First of all,it reviews the origin and development of Zhang Wenzhong's case,summarizes the dispute focus in this case;secondly,it makes a careful and rigorous legal analysis of the dispute focus in this case;finally,it expounds the significance of Zhang Wenzhong's case as the first case of property rights protection of private enterprises,summarizes the current judicial dilemma of property rights protection of private enterprises,and puts forward to improve the legal protection of property rights of private enterprises Suggestions for nursing.This paper makes a systematic analysis of Zhang Wenzhong's case and analyzes its legal problems.Zhang Wenzhong was convicted of fraud,unit bribery and misappropriation of funds in the first and second trials,and the dispute on this case is endless.In determining the crime of fraud,the first is to correctly grasp the constitutive requirements of the crime of fraud,and then strictly determine whether it is a crime according to the evidence materials;the second is how to convict and sentence the ordinary fraud committed by the unit,adhere to the principle of legality,and distinguish the individual behavior and the unit behavior.When determining the crime of unit bribery,we should correctly identify the situation of "illegitimate interests" and analyze whether there are violations of market order and other legal interests based on the facts of the case.We can't judge the nature of funds only from the fact of payment of benefits,so as to convict and punish.When determining the crime of misappropriating funds,we should correctly distinguish the commercial behavior of the company's borrowing funds from the criminal behavior of misappropriating funds in practice,and whether the profits of funds are for personal use,and use the rules of evidence judgment to better identify the facts of the case.This paper evaluates the retrial of Zhang Wenzhong from an objective point of view.The theoretical value and practical significance contained in the retrial are worth learning.In the development process of private enterprises,there are often some irregular behaviors due to historical reasons,resulting in a lot of property rights disputes,and private entrepreneurs are also facing many criminal legal risks.With the improvement of market economy and the continuous extension of economic criminal law,some criminal charges known as "mouth bag crime" often become the reasons for illegal prosecution of private entrepreneurs.Properly improving the standard of economic criminal law and adjusting the constitution of related crimes will help to prevent the generalization of economic criminal law.In the face of strong public power,especially the intervention of local leaders in criminal cases,private enterprises often result in wrong cases.Therefore,only by removing the localization and administration,preventing the use of public power to interfere in the judicial trial and ensuring the independent trial system,can we maintain the judicial justice.In order to effectively prevent and control criminal legal risks,private enterprises should also pay attention to self-protection,build a perfect modern enterprise system and operate in accordance with the law.There is still a long way to go for the construction of the rule of law in China.We should further strengthen the judicial protection of the property rights of private enterprises and the legitimate rights and interests of private entrepreneurs,continue to promote the rule of law for the protection of property rights of enterprises,and properly handle the cases of property rights of private enterprises in accordance with the law.