The 2007 Datong, Shanxi, large-scale case of producing and selling counterfeit lubricants: Datong Jinxin Petrochemical Co., Ltd. produced and sold counterfeit lubricants. The quantity and scale were large, the sales area was wide, and the number of people involved in the case was There are many cases, which are rare among such cases nationwide. On December 20, the reporter went to Datong City Economic Investigation Team for an interview.

One day in July this year, a strange phone call came to the Economic Investigation Detachment of Datong City. The informant said that Datong Jinxin Petrochemical Co., Ltd. was producing and selling substandard lubricants under counterfeit famous brands, and the person in charge was named Zhang Zhibin.

According to the report, on the morning of August 22, more than 30 policemen from the Datong Economic Investigation Detachment divided into two groups. The first group went to Xihehe Village in the southern suburbs of Datong, the production base of Jinxin Company, and the second group went to Xihehe Village in the southern suburbs of Datong. The sales department of Jinxin Company is located in the Auto Parts City, Daqing Road, Datong City.

At around 8:30, the first line of police arrived at Jinxin Company’s production site, took control of the site, and began searching. Production in the processing den is ongoing, the base oil has been processed and blended, and the lubricating oil is gurgling out of the machine. During the search, a police officer opened a cabinet against the wall and saw a piece of cloth hanging on the back of the cabinet. When he opened the cloth, the policeman was even more surprised: behind the cloth was a small door! Pushing open the small door, there is a small room of seven or eight square meters, with half the room filled with "paper". When I went in and took a closer look, I saw that they were all brand-name lubricants with trademarks such as Jiaoma, Tongyi, and Great Wall! It seems that Jinxin Petrochemical Company is indeed producing fake lubricants by counterfeiting other people's trademarks.

At the same time, another group of policemen who had been controlling the sales department received instructions: arrest people. The police immediately arrested two deputy managers of Jinxin Petrochemical Company. One of them was Zhang Zhiming, Zhang Zhibin's younger brother, but Zhang Zhibin escaped.

Subsequently, based on the clues provided by the informant, the police rushed to Beijing in the early morning of September 25. After a night of squatting, Zhang Zhibin was captured at around 8 a.m. in a residential house in Changping District, Beijing.

Currently, 9 of the more than 30 people involved in the case, including Zhang Zhibin, have been detained, 7 of whom have been approved for arrest. During the investigation, the Datong Economic Investigation Detachment seized 12 large oil storage tanks of various types of lubricants, more than 400 small oil storage barrels, 1 set of mixing facilities, 1 imported inkjet machine, 150 tons of bulk oil, and boxes It contains more than 2,000 boxes of refined oil, more than 5,000 barrels of refined oil, more than 340,000 different trademarks, more than 400,000 packaging boxes and oil barrels, and 10 oil transport trucks. After investigation, Jinxin Petrochemical Company has two production plants, 8 large-scale production workshops, 1 office building, and more than 20 sales outlets. The sales amount in more than two years has reached more than 30 million yuan. Follow-up: Entrepreneur in Datong, Shanxi Province was jailed for 941 days for refusing the 2 million bribe demanded by the public security director. Datong, Shanxi Province: Several officials were fired for concealing the report of a mine disaster 5 years ago. "It was reported that some officials in Datong City, Shanxi Province have been fired recently for concealing the report of a mine disaster 5 years ago. news. A few days ago, a reporter from China Youth Daily learned from relevant parties in Datong City that Gao Jianxun, director of the mining area bureau of the Datong City Public Security Bureau, who had been double-regulated, concocted an unjust, false and wrong case when he was the leader of the Economic Investigation Detachment of the Datong City Public Security Bureau. Private entrepreneur Zhang Zhibin was detained for 941 days, and more than 20 million yuan of assets owned by Zhang were illegally sold at low prices. Zhang was found not guilty in both the first and second instance courts. "I asked for 2 million yuan but didn't give it, and my family was ruined." Zhang Zhibin, the head of Datong Jinxin Petrochemical Co., Ltd., told the reporter of China Youth Daily about the whole process of the lawsuit. At around 9 a.m. on July 20, 2005, Zhang Zhengbin received a call from someone claiming to be a staff member of the Economic Investigation Detachment of the Public Security Bureau. On the phone, the economic investigation detachment staff member asked him where he was and wanted to meet him. Zhang Zhibin asked what was going on, and the other party said that he had heard others say that he had made a fortune selling fake and shoddy lubricants. Zhang Zhibin said that he had never sold fake and shoddy products and immediately rejected the other party. Later, Zhang Zhibin learned that this person was a captain of the brigade of the Economic Investigation Detachment. Because he did not dare to offend the Public Security Bureau, Zhang Zhibin finally met with the captain. During the interview, the team leader said that their leader, the "high-level branch", had been short of money recently and wanted to "borrow" 2 million yuan from Zhang Zhibin. Zhang Zhibin said that after he refused, the man said: "You don't even know what kind of people we are in Datong City. Let alone you, a small seller of lubricants, even those who earn money from operating coal mines." Bosses who have made a lot of money have to be obedient when they see "Gaozhi". They have to give "Gaozhi" several million yuan, otherwise they can't even think of hanging around in Datong.

" Zhang Zhibin said that he later learned that the "Gao Zhi" mentioned by the brigade captain was Gao Jianxun, the then leader of the Economic Investigation Detachment of the Datong Municipal Public Security Bureau. Zhang Zhibin consciously operated in compliance with the law and ignored this unreasonable request. However, just More than a month after he refused, on the morning of August 22, 2005, the team leader suddenly led more than 20 policemen to surround the Datong Jinxin Petrochemical Co., Ltd. he ran, sealed up all the company's products, took away more than 10 employees of the company, and dispersed The company workers sent people to the company. Zhang Zhibin was not in the company that day and managed to escape. One month later, Zhang Zhibin was arrested. In 2007, the media reported that Gao Jianxun was awarded the National May Day Labor Award. Medal, this "extremely large case of producing counterfeit lubricants" is one of its main achievements (Editor's note: In 2005, it was reported that after investigation, "Datong Jinxin Petrochemical Co., Ltd." illegally produced and sold a large number of Great Wall, Tongyi, and Jiao. Well-known brand lubricants such as Ma are exported to Hebei, Inner Mongolia, Shaanxi, Shanxi and other places. Their actions have constituted cases involving counterfeiting registered trademarks, selling counterfeit registered trademarks, producing and selling fake and shoddy goods, illegal operations, and endangering tax collection and administration cases, etc. There were 24 persons involved in the case, and the inventory of bulk and finished lubricants was worth more than 20 million yuan. The sales volume this year alone has reached more than 5 million yuan. According to the police, this is the largest number of people and the highest value of fraud that the Datong City Public Security Bureau in Shanxi Province has cracked in recent years. The largest case involving the infringement of intellectual property rights and the production and sale of counterfeit and shoddy goods) Zhang Zhibin told a China Youth Daily reporter that just after he was arrested, Gao Jianxun said to him, "You still have to see me, it's so difficult to get 2 million." ". Zhang Zhibin claimed that he was not guilty, and Gao said that there was someone in the procuratorate who could at least give him a life sentence. Zhang Zhibin asked if he could be released on bail pending trial, and was told that he needed to pay 2 million yuan. Later, Gao Jianxun arranged for Zhang Zhibin to meet his family, and Zhang asked his family to raise funds. However, his family could not come up with so much cash at the moment, so Gao Jianxun asked his family to sell part of the seized lubricant inventory for 1.2 million yuan, all of which was transferred to the account designated by Gao Jianxun. Later, because he did not collect enough 2 million yuan, Zhang Zhibin did not He was able to apply for bail pending trial. He was found not guilty in the first and second trials and was unable to apply for bail pending trial. Zhang Zhibin was eventually detained on suspicion of illegal production and sales of counterfeit and inferior products, counterfeiting registered trademarks and falsely issuing value-added tax invoices. , as well as company financial staff Wang Yiping and Liu Lifang, production staff Zhang Li and Zhang Ge, and warehouse staff Shi Lizhen. Zhang Zhibin's brother Zhang Zhiguo was also detained for 278 days for helping his brother with the construction of the lubricant company. The police chief called to report his brother's extended detention, and he spent 161 days in the detention center. Zhang Li and Zhang Ge were detained for 291 days. Song Xiaoliang was the honorary legal representative of the company and did not actually participate in any company affairs, and was detained for 141 days. ...According to media reports at the time, 33 people were involved in the case, and 9 people were detained and 7 people were approved for arrest. On February 27, 2006, the Datong City Public Security Bureau transferred the case to the Datong City People’s Procuratorate on September 9 of the same year. , the Procuratorate filed a public prosecution with the Datong Municipal People's Court, but later withdrew the prosecution on the grounds that the facts and evidence had changed, and sent it back to the Public Security Bureau for supplementary investigation. On June 26, 2007, the Economic Investigation Detachment of the Datong Public Security Bureau once again transferred the case to the Datong People's Procuratorate. The Municipal Procuratorate instructed the Xinrong District People's Procuratorate of Datong City to file a public prosecution with the Xinrong District People's Court. On April 21, 2008, the Xinrong District People's Court issued a judgment, believing that "the main incriminating evidence in this case is questionable and lacks the necessary theoretical guidance to prove it." It did not confirm the charges charged by the public prosecution agency and ruled that Zhang Zhibin and others were not guilty. . Later, the Xinrong District People's Procuratorate of Datong City filed a protest, and the Datong Intermediate People's Court conducted a second instance of the case and made a ruling on July 23, 2008, rejecting the protest and upholding the original verdict. What puzzles Zhang Zhibin the most is that in such an obvious unjust, false and wrong case, Gao Jianxun not only received no punishment, but was first promoted to the director of the Mining District Bureau of the Datong Municipal Public Security Bureau by relevant persons "against all opinions", and later became a member of the Bureau's Party Committee. , it was not until recently that he was punished for concealing a mine accident. Still unable to receive state compensation. After being acquitted by the second instance court and released, Zhang Zhibin went to the Datong Public Security Bureau many times to request the Datong Public Security Bureau to release all the property that had been sealed and seized, and to file an application for state compensation in accordance with the law. On September 8, 2008, the Datong Municipal Public Security Bureau responded that it would not lift the seal. The reason was: "The case has entered judicial proceedings, and some of the sealed and seized items have been kept by our bureau, while the rest have been handed over to functional departments for preservation and management in accordance with the law." .

Our bureau cannot decide on its own whether to return it or not, and it will be handled after consultation with the relevant judicial authorities. Zhang Zhibin was dissatisfied and filed a complaint with the Shanxi Provincial Public Security Department. On April 22, 2009, the Shanxi Provincial Public Security Department issued a rectification notice to the Datong Municipal Public Security Bureau, requiring the latter to promptly provide Zhang Zhibin and others with state compensation and comply with the "Public Security Bureau" According to the "Regulations on Internal Law Enforcement Supervision of the Agency", it was ordered to carry out compensation immediately after receiving the notice and report the compensation situation to the Legal Affairs Department of the Provincial Department within one month. After that, the Datong Municipal Public Security Bureau made a compensation decision and admitted that 10 people including Zhang Zhibin and Zhang Zhiming should be compensated. If a person's criminal detention is illegal, he should be compensated and apologized in accordance with the provisions of the "State Compensation Law of the People's Republic of China", and all legal properties of Datong Jinxin Petrochemical Co., Ltd. operated by Zhang Zhibin should be released from seizure. However, Zhang Zhibin told China. Youth Daily reporter, after the compensation decision was made, the Datong City Public Security Bureau only symbolically returned a small part of his property, and most of the remaining seized property was not returned. Zhang Zhibin reported that during his arrest, he owned many vehicles. The vehicle became a public vehicle of the Economic Investigation Detachment of the Datong City Public Security Bureau, and he could "use it as he pleased." There were 72 illegal investigation results for Zhang Zhibin's property during the seizure and sealing period. They were also illegally sold at a low price by the Public Security Bureau. At the end of December 2009, Zhang Zhibin and others finally received the criminal compensation decision from the Datong City Public Security Bureau and the Datong City People's Procuratorate. The total amount of compensation against Zhang Zhibin was more than 7 million yuan. The Datong Public Security Bureau believes that the compensation request totaling 47.64 million yuan for the company he runs is affected by this case, including loss of profits within 5 years, wages of original employees within 5 years, expected income from his trademarks, and loss of intangible assets of the company. Indirect losses will not be compensated. However, to this day, Zhang Zhibin and others have still not been able to receive their own state compensation. Staff from the Legal Affairs Department of the Datong City Public Security Bureau said that the bureau has already called the municipal government regarding Zhang Zhibin’s state compensation issue. report, but it is not yet known when the money will be approved.