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Newspaper reported Feb. 25 Ma Zhongqi Haiyuan County, Ningxia (his son Ma Xiaolong microblogging) allegedly because Bowen was arrested criticism regarding the relocation of the county. March 14 afternoon, Ma Zhongqi Haiyuan County People's Court of first instance verdict, "Ma Zhongqi defendant guilty of tax evasion and sentenced to three years six months and fined 100,000 yuan." Ma Zhongqi said in court appealed his conviction and appeal. March 21, Ma Zhongqi lawyer Zhou Ze (Zhou Ze microblogging) officially submitted a petition to Haiyuan County People's Court. Defense lawyers said the law applicable court error As can be seen from the judgment, the court finds that the prosecutor accused the defendant guilty of tax evasion Ma Zhongqi three "tax evasion facts": The first is: "The accused Ma Zhongqi from 2005 to 2009 served as the licensing period Haiyuan County Road hill station responsible person in order to avoid taxes altogether issued 'the bulk of the small end of' 153 invoices,moncler soldes, invoice amount and the difference stub 575,387.08 RMB 160,http://huanghongm.com/news/html/?28482.html,911.86 yuan of tax evasion. " The second is: "December 30, 2009 to August 2010 period, take the form of 'unlisted business' and conceal the purchase of gasoline, diesel 13 vehicles from Ningxia pagoda Fine Chemical Co., Ltd., and the fact that big old transportation company In their business cards Haiyuan County Road hill stations of total sales, sales of 1,173,625.94 yuan, 179,053.19 yuan to avoid paying taxes. " The third is: "The accused was due to tax evasion Haiyuan County State Administration of Taxation on November 10, 2004, May 22, 2009 twice given administrative punishment." Zhou Ze that three "crimes" can not be established, or the defendant is found not to constitute tax evasion, according to the crime. Zhou Ze pointed out that although the court wrote in the last part of the verdict, "accused the defendant Ma Zhongqi will purchase 13 car gasoline and diesel in all of their business cards Road Mountain Haiyuan County gas station sales facts, insufficient evidence, the Court does not I found ", but at the same time finds Ma Zhongqi" to avoid paying taxes 339,tiffany outlet online,965.05 yuan, "that the first item of" tax evasion "160,911.86 yuan + this entry" to avoid paying taxes, "179,053.19 yuan," This is obviously self-contradictory. " . It is understood that Ma Zhongqi business cards mountain road gas station did in November 10, 2004 and May 22, 2009 received two administrative penalties. But Zhou Ze said, November 10, 2004 is due to the fact that illegal penalty "accidental fire resulting in the absence of input tax turn out", not "to avoid paying taxes,http://www.ds0799.com/bbs/forum.php?mod=viewthread&tid=21529," Zhou Ze that, even in 2004 because of administrative penalties for tax evasion, tax evasion Ma Zhongqi was found in the new five-year September 16,air max femme pas cher,http://www.hedu.pku.edu.cn/forum.php?mod=viewthread&tid=809, 2010 by the public security authorities on suspicion of tax evasion before the filing of the prosecution,http://www.cnpam.cn/bbs/home.php?mod=space&uid=53471, Ma Zhongqi was only in 2009 due to once tax evasion by the administrative punishment, and the fact that this also includes administrative penalties in 2010 is being investigated, "tax evasion facts" within. Therefore, the prosecution of tax evasion in 2010, and at the defendant to pay the taxes and pay the fines, received administrative punishment after, but also did not held criminally responsible. "This judgment is given for tax evasion in the second administrative penalty tax authorities 'within five years' time calculation of prosecution is wrong, not only inconsistent with the provisions of Penal Code section 201 fourth paragraph, does not conform to the theory of criminal law on recidivism and specific provisions. "Zhou Ze said. Deemed to have committed 201 provisions on tax evasion fourth paragraph as follows: "After the recovery of the tax authorities issued a notice in accordance with the law, pay the amount of tax payable, payment of fines, has been subject to administrative punishment shall not be held criminally responsible; however, five internal to avoid paying taxes or criminal punishment except by the tax authorities twice or more given administrative punishment. " Before making a decision on the tax department of Public Security had been opened Pursuit In addition, Zhou Ze also asked the relevant authorities in investigating the existence of the program illegal conduct during the case. According to the IRS Audit Bureau under Haiyuan County issued a "tax administrative penalty decision" (2010 No. 20) shows that the tax department for tax Ma Zhongqi Investigation 8 October 2010 until the end, before making a deal with October 11 decisions and administrative penalty decision. According to the tax administration decision, Ma Zhongqi gas station should pay a fine within 15 days, refuses to accept the decision may apply for administrative reconsideration within 60 days, three months, within the people's court. Zhou Ze said the nature of the act through administrative reconsideration and administrative litigation, Ma Zhongqi tax authorities for tax evasion,http://www.ynlvy.com/home.php?mod=space&uid=22997, as well as the amount of back taxes and administrative fines, are likely to be changed. Prior to Haiyuan county public security organs on September 16, 2010 on suspicion of tax evasion for Ma Zhongqi was a criminal case and make a decision and punishment of tax administrative decisions in the tax department, it has been called on Ma Zhongqi online pursuit. In addition, in the first instance judgment, Haiyuan County People's Court will tax the IRS to report Haiyuan County Haiyuan county public security organs and calculation instructions issued by other materials used as evidence. In this regard, Zhou Ze that the tax authorities are not forensic institutions, to identify the nature of the documents the conclusions which it issued can not be used as evidence, but also a lack of legal basis. "The tax authorities issued these materials do not belong to the legal form of the evidence on the Criminal Procedure Law, in the form of evidence that does not have legitimacy, not to prove the facts of the case." Mayor Zhongwei City: Bowen and was arrested "irrelevant" Zhou Ze that the real reason for the arrest of Ma Zhongqi was not tax evasion, but because Bowen criticized the county government relocation. Reporters have repeatedly call Haiyuan county party secretary Wang Wenyu, Haiyuan County Public Security Bureau deputy director Borodin toward the phone, but still no answer. March 8, the reporter interviewed on the matter is participating in the Fourth Session of the Eleventh National People's Congress NPC deputy mayor Xu Zhongwei City Liqun. When asked is why when considering the construction of Haiyuan District, Xu Liqun said Haiyuan is not suitable for human habitation, which is UNEP assessment. This place is very poor living conditions, mainly for two reasons,moncler sito ufficiale, remote and inaccessible places,woolrich outlet italia, restricting the development of the other is extremely lack of water resources, water resources per capita is one tenth the national average. From 1984 to the present,http://www.jnmm.gov.cn/home.php?mod=space&uid=29512, the water table dropped by 22 meters Haiyuan, if the amount of water in accordance with now, another 15 years there will be no water. Xu Liqun said that since the founding of New China,http://www.055205.com/forum.php?mod=viewthread&tid=417334, Haiyuan County has been relying on a central support live, "every 10 dollars spent, there are more than 9 yuan central supported." Although Xu Liqun include support Haiyuan New construction of many reasons, but according to "Die Zeit" reported: "Haiyuan county seat was in town black town (later renamed Trois-Rivieres) large-scale land acquisition and resettlement, once caused many local farmers protest petition ; while in 2009, 10 to 15 June, the old town there are thousands of people on a collective protest against the government forced the relocation of the old town of the masses to protest the current Haiyuan county government suspended the relocation of the beginning of 2011 and the compromise proposed 'one. County two cities, stimulating development '. " In this regard, Xu Liqun said: "Against New construction is a very small, concentrated masses appear As for activities, which are organized by a handful of people waiting to see the majority of people, the central figure to so few people." For "Ma Zhongqi was arrested because Bowen criticized the county government move," saying, Xu Liqun said: "This does not exist, the two are totally unrelated arrest him because the country is in accordance with the tax law, he evasion tax evasion. " For lawyers called to handle Ma Zhongqi case existed handling procedures violations of the law, Xu Liqun response, if in the future (Note: Xu Liqun interview, the first trial is still pending) that he (Ma Zhongqi) satisfied with the verdict, can appeal available to him judicial channel is very smooth,http://www.360jingxuan.com/bbs/home.php?mod=space&uid=46551, the most basic is Haiyuan County People's Court, Supreme People's Court has to. I believe this system of our country absolutely can maintain his rights, as long as there is injustice he would maintain his citizenship. Beijing, March 24 electricity (Edit: SN017)

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