2009 to give two administrative penalties."

Newspaper reported Feb. 25 Ma Zhongqi Haiyuan County, Ningxia () suspect was arrested and therefore the issue. March 14 afternoon, Haiyuan County People's Court of first instance verdict on Ma Zhongqi, "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's lawyer Zhou Ze () officially submitted a petition to the Haiyuan County People's Court.

Defense lawyers said the court applies the law wrong

As can be seen from the verdict, the court found that the prosecutor accused the defendant guilty of tax evasion Ma Zhongqi three "tax evasion facts":

The first is: "The accused Ma Zhongqi since 2005-2009 tenure as Haiyuan County Road Hill gas station charge cards to evade taxes, a total issued 'the bulk of the small end of' 153 invoices, invoice amount and the difference 575,387.08 stub Yuan, evading taxes 160,911.86 yuan. "

The second is: "December 30, 2009 to August 2010 period, take the form of 'unlisted business' is to conceal the purchase of gasoline, diesel 13 vehicles from Ningxia pagoda Fine Chemical Co., and the fact that large ancient Storage and Transportation Company In its operating license Haiyuan County Road Hill stations all sales, sales of 1,nike jordan pas cher,173,625.94 yuan,outlet moncler online italia, to avoid paying taxes 179,http://www.bquto.org/forum.php?mod=viewthread&tid=102031,053.19 yuan. "

The third is: "the defendant was Haiyuan County State Tax evasion in November 10, 2004, May 22, 2009 to give two administrative penalties."

Zhou Ze that three "crimes" can not be established, or the defendant is found not constitute tax evasion, according to a 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 its operating license Haiyuan County Road Hill gas station sales facts, insufficient evidence,http://www.xiajinw.com/forum.php?mod=viewthread&tid=13130, the Court does not I found ", but at the same time finds Ma Zhongqi" to avoid paying taxes 339,965.05 yuan, "that the first term" tax evasion "160,911.86 yuan + this item" to avoid paying taxes,hogan interactive outlet, "179,053.19 yuan," This is obviously a contradiction. " .

It is understood that Ma Zhongqi Hill Road gas station business card 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 fined "accidental fire resulting in the absence of input tax roll-out", not "to avoid paying taxes,"

Zhou Ze that, even in 2004 because of administrative penalties for tax evasion, tax evasion Ma Zhongqi newly discovered within five years September 16, 2010 by the public security authorities on suspicion of tax evasion before the filing and prosecution, Ma Zhongqi only in 2009 due to subject to administrative penalties for tax evasion once, but the fact that this also includes administrative penalties being investigated in the 2010's "tax evasion facts" within. Therefore, the prosecution of tax evasion in 2010 was in the defendant pay the tax,http://www.derematetotal.com/item/92003, pay the late fee, accepted administrative punishment, too, should not have held criminally responsible.

"The verdict was given for tax evasion in the second administrative penalty tax authorities 'within five years' time calculation of the 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 notification issued by the tax authorities in accordance with law, pay the amount of tax payable,scarpe hogan, pay fines, have been subject to administrative punishment shall not be held criminally responsible; however,http://www.thecandyland.org/item/create_form/1574, five internal evade paying taxes or criminal punishment except by the tax authorities to give more than twice administrative penalties. "

Before making the decision public security tax department has filed pursuit

In addition, Zhou Ze also proposed the existence of the program relevant authorities in investigating illegal conduct during the case.

Haiyuan County, according to the Internal Revenue Service under the Audit Bureau issued a "tax administrative penalty decision" (2010 No. 20) shows that the tax department of Ma Zhongqi tax situation survey October 8, 2010 until the end, before making a deal Oct. 11 decisions and administrative penalty decision. According to the tax administrative decision, Ma Zhongqi gas stations should be paid within 15 days of fines, refuses to accept the decision may apply for administrative reconsideration within 60 days, three months' time the people's court.

Zhou Ze said, acts of nature through administrative reconsideration and administrative litigation, the tax authorities for tax evasion Ma Zhongqi, as well as the amount of back taxes and administrative fines are likely to be changed. Prior to Haiyuan county public security organs to September 16, 2010 on suspicion of tax evasion against Ma Zhongqi conducted criminal case and to make treatment decisions and tax administrative penalty decision in the tax department, it has been called on Ma Zhongqi online pursuit.

In addition,basket nike tn, in the first instance verdict, the Haiyuan County People's Court will Haiyuan County IRS tax investigation report to the public security authorities issued Haiyuan County and calculation instructions and other materials used as evidence. In this regard, Zhou Ze that the tax authorities are not forensic institutions, conclusions issued by the nature of the file it can not be used as evidence,hogan interactive, but also a lack of legal basis. "These materials issued by the tax authorities do not belong on the legal form of the Criminal Procedure Law of evidence, in the form of evidence that does not have legitimacy, not to prove the facts of the case."

Mayor Zhongwei City: Bowen was arrested and "irrelevant."

Zhou Ze that the real reason is not tax evasion Ma Zhongqi was arrested, but because Bowen criticized the county government relocated.

Reporters have repeatedly call the county party secretary Wang Wenyu Haiyuan County, Haiyuan County Public Security Bureau deputy director of the 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 deputies,http://www.xuex8.com/home.php?mod=space&uid=30183, mayors Zhongwei City Liqun Xu.

When asked is why when considering the construction of Haiyuan District,http://www.8liuxing.com/home.php?mod=spacecp&ac=blog&blogid=, said Xu Liqun, Haiyuan is not suitable for human habitation, which is UNEP assessment. This place is very poor living conditions, mainly for two reasons,tn requin homme, remote and inaccessible places, restricting the development,mulberry sale, and the other is a great lack of water resources per capita water resources is one of the great national average. From 1984 to the present, the water table dropped by 22 meters Haiyuan, if the amount of water in accordance with now, another 15 years, there is no water.

Liqun Xu revealed that since the founding of new China,giubbotti moncler outlet, Haiyuan County has been relying on a central support live,moncler sito ufficiale, "spend 10 dollars each, there are more than 9 yuan of central support."

Although Liqun Xu cited many reasons to support Haiyuan New construction, but according to "Die Zeit" reported: "Haiyuan county seat was in town black town (later renamed Trois-Rivieres) scale land acquisition and resettlement, once caused a lot of local farmers protest petition ; while in 2009, 10 to 15 June,http://www.51suit.com/fashion/?action-viewcomment-itemid-11881, the old town there are tens of thousands of mass protests forced the relocation of the old county government protests masses, currently suspended Haiyuan county relocation, early 2011 also compromise proposed 'one. County of two cities, stimulating development '. "

This Liqun Xu said: "The opposition New construction is a handful, as people say appears to focus activities, which is organized by a few people waiting to see the majority of people,jordan pas cher, the central figure in so few people."

For the "Ma Zhongqi was arrested because Bowen criticized the county government move," saying, Liqun Xu said: "It 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 exists handling procedures law issues, Liqun Xu response,http://www.lawelite.org/forum.php?mod=viewthread&tid=172400, if in the future (Note: Liqun Xu interview, the first trial is still pending) that he (Ma Zhongqi) satisfied with the verdict, may file an appeal available to him Judicial channel is very smooth,air jordan 4 femme, the most basic is Haiyuan County People's Court, Supreme People's Court has to. I believe that this system of our country absolutely can maintain his rights, as long as he has a grievance, will maintain his citizenship.

Beijing, March 24 electricity