Recently, a reporter from the China Times In-depth Investigation Department received a self-report video that was suspected to be from Supreme People's Court judge Wang Linqing. Wang said in the video that he was the person in charge of the case of Shaanxi Yulin Keqilai Company v. Xi'an Geological Survey Institute and was preparing for the case. Before writing the judgment, I discovered that the case files originally stored in my office were mysteriously missing.
After several bizarre back-and-forths, the Discipline Inspection Commission of the Supreme People's Court issued a statement today, hoping for insider information to provide information, and stated that if any staff of our hospital are found to have violated trial discipline, they will be dealt with seriously in accordance with disciplines and laws.
In fact, the case mentioned in the video is an old case that has been delayed for more than 12 years. CCTV has also reported many times. Today, Xiakedao recommends the investigative article "Shaanxi's 12-year dispute over hundreds of billions of mineral rights: the power rent-seeking behind the battle for "black gold"" published by China Economic Weekly in February 2018 for everyone. Add some background material.
article | Xu Hao
This article was reprinted from "China Economic Weekly" by Xiakedao. The original article was first published in February 2018, titled "Shaanxi's 12-year dispute over hundreds of billions of mineral rights: The power rent-seeking behind the battle for "black gold" ” does not represent the views of Outlook Think Tank.
is located in Yulin City in northern Shaanxi, which is known as "China's Kuwait" because of its rich underground mineral resources.
How much coal reserves are there in Yulin? Data shows that its predicted coal reserves are 272 billion tons and its proven reserves are 149 billion tons. During the "Golden Decade of Coal" and the period of rising crude oil prices, the energy industry once accounted for half of Shaanxi Province's industry, reaching a peak of 60%.
In 2003, Yulin Kaiqilai Energy Investment Co., Ltd. (hereinafter referred to as "Kaiqilai") signed a "Cooperative Exploration Contract" with the Xi'an Geological and Mineral Exploration and Development Institute of the Shaanxi Provincial Geological and Mineral Exploration and Development Bureau (hereinafter referred to as the "Western Exploration Institute") 》, jointly conducted a detailed and precise survey of coal resources in the Polo-Hongshiqiao exploration area.
However, this coal mine, once valued at hundreds of billions, did not bring wealth to Keqilai's legal representative Zhao Faqi. The two parties had disputes over the cooperative exploration contract, and the litigation lasted for more than ten years. On December 21, 2017, the Supreme People's Court made a final judgment, ruling that the contract signed between Kechilai and the Western Survey Institute was legal and valid and would continue to be performed.
rights protection has finally yielded results after nearly 12 years, but Zhao Faqi told a reporter from China Economic Weekly that "is not too happy and we have to continue to fight."
1
The twists and turns of "cooperative investigation"
Information provided by Zhao Faqi shows that in 2003 On August 25, 2018, Keqilai signed a "Cooperative Exploration Contract" with the Western Exploration Institute.
A copy of the contract seen by a reporter from China Economic Weekly showed that Keqilai and the Western Exploration Institute agreed to invest in the Boluo-Hongshiqiao exploration area (Polo Mine Field) in Hengshan County, Shaanxi Province at a ratio of 8:2. The company carried out cooperative detailed investigation and exploration of coal resources. The exploration rights of the mining area were evaluated by a statutory evaluation agency and reported to the Department of Land and Resources for filing. The two parties negotiated and determined that its value was 15 million yuan. After the agreement comes into effect, the benefits generated from the exploration area, regardless of appreciation, joint development, or mineral rights transfer, will be shared at a ratio of 8:2. The Boluo Mine Field, with a permitted exploration area of 279.24 square kilometers, is located in Yuyang District and Hengshan County of Yulin City. It later had preliminary exploration reserves of nearly 2 billion tons. During the "Golden Decade of Coal", as coal mine prices soared, the market valuation once reached 380 billion yuan.
Before signing the agreement, Zhao Faqi didn’t know whether he could dig out “black gold.” In his words, “exploration investment is like gambling” because he didn’t know whether there was any underground mine and what its quality was.
In March 2004, the Western Exploration Institute submitted the summary of the contract and exploration rights evaluation report to the Shaanxi Provincial Department of Land and Resources for filing. The Department of Land and Resources believes that in accordance with relevant regulations, both parties can submit the contract to the Department of Land and Resources for record. However, according to the minutes of the 21st meeting held by the Shaanxi Provincial Government on October 20, 2003 (hereinafter referred to as the "21st Meeting Minutes"), relevant documents should also be submitted. Department approval document.
Zhao Faqi said that he then reported the situation to a then provincial government leader, who instructed the Provincial Department of Land and Resources to handle it.
In August 2004, the Shaanxi Provincial Department of Land and Resources said: "Our department believes that the cooperative exploration between Keqilai Company and the Xi'an Geological and Mineral Development Institute of the Shaanxi Provincial Geological and Mineral Exploration and Development Bureau complies with the requirements of national laws and regulations. The company has promised to be willing to bear risks, We are also willing to conduct cooperative exploration in accordance with the relevant regulations of the Shaanxi Provincial Government and can approve its cooperative exploration." Subsequently, Keqilai transferred 12 million yuan to the Western Exploration Institute to pay for the preliminary exploration rights.
However, in March 2005, the Western Exploration Institute returned Keqilai’s exploration rights fee of 12 million yuan and wrote a letter saying: “According to the relevant provisions of the Mineral Resources Law of the People’s Republic of China, our institute has signed a cooperative exploration agreement with your company. Project... is inconsistent with the relevant policies in the minutes of the 21st meeting of the Shaanxi Provincial People's Government on October 22, 2003, and cannot be implemented as agreed in the contract, so it cannot collect payment from your company."
After coordination between the two parties, in 2005. On May 26, Keqilai paid 9 million yuan for preliminary exploration work to the Western Survey Institute, and the Western Survey Institute issued a receipt.
The Shaanxi Provincial Department of Land and Resources also issued a "Report on the Coordination and Resolution of Cooperative Exploration Disputes over Coal Resources in the Boluo-Hongshiqiao Area, Hengshan County, Yulin City" ("Document No. 65") to the Shaanxi Provincial Government Office on November 8, 2005. , the report stated: “After review, our department believes that both parties are committed to taking risks and are willing to conduct cooperative exploration in accordance with the relevant regulations of the Shaanxi Provincial Government, and are in compliance with national laws and regulations, and can agree to their cooperative exploration.”
But “Document No. 65 "It did not allow Kechilai and the Western Survey Institute to continue to smoothly perform the contract.
2
From Winning to Losing
After the two parties "reconciled", on December 8, 2005, Keqilai sent a letter to the Western Survey Institute, hoping that the Western Survey Institute would immediately fulfill its contractual obligations and provide detailed investigation design and budget as soon as possible, clarifying that Kaiqi The amount of money the company should also pay. However, the Western Survey Institute replied, "Our cooperation on the Polo Mine Field can no longer be started with our own strength."
Another operational route has emerged behind this. Zhao Faqi believes that the Western Survey Institute "marries two women with one woman." .
On December 14, 2005, the Shaanxi Provincial Department of Land and Resources sent a letter to the Shaanxi Provincial Bureau of Geology and Mineral Resources stating that it had received an approval document from the then Shaanxi Provincial Government leader, "requiring our department to conduct a regulatory review of China National Chemical Engineering Group (hereinafter referred to as 'Sinochem Engineering'), Hong Kong Yiye Investment (Group) Co., Ltd. (hereinafter referred to as "Hong Kong Yiye") requested to participate in the report on the supporting well field exploration work of the Yuheng Project in northern Shaanxi. "
According to media reports, in November 2004, Sinochem Engineering and Hong Kong. Yiye signed a cooperation agreement with the Yulin Municipal Government on the 2.4 million tons methanol MTO project in Yuheng, the northern Shaanxi energy and chemical industry base, involving an investment of 15 billion yuan. On October 10, 2005, the Shaanxi Provincial Development and Reform Commission issued an approval document, clarifying that "the supporting well field of this project is the Boluo well field, covering an area of 339.2 square kilometers, with geological reserves of 1.568 billion tons and a recoverable volume of 1.098 billion tons."
On January 13, 2006, the Shaanxi Provincial Department of Land and Resources submitted to the Shaanxi Provincial Government the "Request for Instructions on the Coordination Opinions on China National Chemical Engineering Group Co., Ltd. Hong Kong Yiye Investment (Group) Co., Ltd.'s participation in the coal resource exploration work in the Polo Mine Field" stated that, According to the instructions from the leaders of the provincial government, the Western Exploration Institute should actively coordinate with Sinochem Engineering and Hong Kong Yiye to sign a cooperative exploration agreement for the "Polo Mine Field" exploration (precision survey). In accordance with the principle that Sinochem Engineering and Hong Kong Yiye invest, the Western Exploration Institute is responsible for the exploration work, and the exploration results belong to the investors. After the "Methanol MTO Project" is approved by the competent department, the Western Exploration Institute will transfer the exploration rights of the minefield in accordance with the law. To project development owners.
On April 12, 2006, the Western Exploration Institute and Hong Kong Yiye signed a cooperative exploration contract on the "Polo Mine Field". The "Coal Mine Survey in the Boluo-Hongshiqiao Area of Hengshan County" exploration right held by the Western Exploration Institute covers an area of approximately 258 square kilometers within the 340 square kilometers of the Boluo Mine Field. Most of the two areas overlap. .
In May 2006, Keqilai sued the Western Survey Institute to the Shaanxi Provincial Higher People's Court. On October 19, 2006, the Shaanxi Provincial High Court ruled in favor of Keqilai in the first instance.The Shaanxi Provincial High Court ruled that the cooperative exploration contract between Keqilai and the Western Survey Institute on August 25, 2003 was valid and both parties would continue to perform it; the Western Survey Institute should pay liquidated damages of 2,760 to Keqilai Company within 10 days after the judgment came into effect. Ten thousand yuan; within one month of the judgment taking effect, the exploration rights will be transferred to the name of Keqilai Company.
The Western Survey Institute was dissatisfied with the decision of the Shaanxi Provincial High Court. In November 2006, it appealed to the Supreme People's Court.
Zhao Faqi said that at the end of April 2008, the then Vice-President of the Supreme Court, Xi Xiaoming (note: dismissed in July 2015), took the initiative to invite Shaanxi provincial government officials to the Supreme Court to "discuss the situation." In May 2008, the Shaanxi Provincial Government sent a letter to the Supreme People's Court reporting the province's opinions on the case.
The letter "Report on the Exploration Rights Dispute between the Western Exploration Institute and Keqilai Company" shows that the opinions and requests submitted by the Shaanxi Provincial Government to the Supreme People's Court include "the cooperative exploration between the Western Exploration Institute and Keqilai Company" "The contract has not been filed and has not been implemented, so it should be considered an invalid contract." "The first-instance judgment of the Provincial High Court did not correctly understand the basis of the cited documents," etc. At the same time, it was also pointed out that "if the judgment of the Provincial Higher People's Court is upheld, it will have a series of serious consequences" and "have a greater negative impact on the overall stability and development of Shaanxi."
This letter caused an uproar after it was exposed by the media at the time. Hou Xinyi, a professor at the School of Law at Nankai University, and other digital legal experts jointly sent a letter to the Supreme People's Court titled "Recommendation on Calling on the Supreme People's Court to Resist Illegal Letters Interfering with Judicial Affairs."
It was not until November 2009 that the Supreme People's Court made a second-instance ruling, holding that the facts found in the original judgment were unclear and remanded the case for retrial. In March 2011, the Shaanxi Provincial High Court reheard and ruled that the contract between the Western Survey Institute and Keqilai was invalid. Keqilai Company refused to accept the retrial judgment and appealed to the Supreme Court. The case was heard for the first time on June 25, 2013, and then again on January 12, 2017. The court did not pronounce the verdict in court.
3
The key "minutes of the 21st meeting"
In this dispute, the "minutes of the 21st meeting" were mentioned many times. What exactly does it refer to?
On October 20, 2003, the Shaanxi Provincial Government held the 21st executive meeting of 2003. The decisions of the meeting include: coal resources in northern Shaanxi that have not yet registered exploration rights will be directly controlled by the provincial government through registration arrangements; Units with exploration rights are all deemed to be conducting exploration on behalf of the government. The owner of the exploration rights has no right to dispose of the exploration rights. Whether, to whom and how to transfer the exploration rights will be decided by the provincial government based on the overall plan for base construction and the implementation of the transformation project. decision making.
The so-called "base" refers to the northern Shaanxi energy and chemical industry base that was officially approved by the former State Planning Commission to start construction in March 2003. This is the only national energy and chemical industry base in the country, covering the two cities of Yulin and Yan'an, covering an area of 80,000 square kilometers. . In the same month, the first symposium on the construction of energy and chemical bases in northern Shaanxi called for the transformation of base construction from "disposable energy product development" to "deep processing and on-site conversion of resources" as soon as possible.
"Finance" once reported that, "To support this big game, we must ensure that there are enough transformation projects to enter the base." To this end, the Shaanxi Provincial Government provides supporting coal mines as a preferential policy. The prerequisite for being able to provide supporting coal mines for investors is that the provincial government must be able to uniformly allocate coal mines within the base, and it is inevitable to relinquish the right to dispose of coal mine exploration rights.
The "Mineral Resources Law" stipulates that "the state implements a system of paid acquisition of exploration rights and mining rights" and "mining enterprises that have obtained mining rights... may transfer mining rights to others for mining with approval in accordance with the law." Before the "Minutes of the 21st Meeting", Shaanxi, like other provinces across the country, had the right to give priority to mining rights for mineral resources found in the exploration area.
A focus of both parties in the dispute is whether the signing time of the cooperative exploration contract between Keqilai and the Western Survey Institute was before or after the release of the "21st Meeting Minutes". In many court evidences, the Western Survey Institute stated that the contract was actually signed after the "21st meeting minutes" were issued. Kechilai denied this.
After the dispute increasingly aroused public opinion, in April 2011, the Shaanxi Provincial Government Party Committee stated in the "Report on the Investigation and Handling of the Hengshan "Bolo Mine Field" Mining Rights Issue" that the contract signed between the Western Exploration Institute and Keqilai was an orphan. Contract, neither party has the original contract. The relevant confessions and evidence of the Western Survey Institute regarding the signing of the contract should be accepted, that is, this contract was to avoid the "21 meeting minutes" and the contract date was backdated to before the minutes were issued. It was a false contract signed by both parties deliberately and in violation of regulations.
At the court hearing of the Supreme People's Court on January 12, 2017, both parties once again argued on this issue. Keqilai Company said, "The cooperative exploration contract is the true expression of intention of both parties, and there is no malicious collusion or malicious collusion as determined by the Shaanxi High Court." Behavior that harms national interests."
Zhao Faqi believes that the "21st meeting minutes" are actually the main source of a series of disputes in this case. "The 21st meeting minutes are the 'family law' formulated by the provincial government itself, which led to the possession of the Western Survey Institute. Thousands of square kilometers of mineral rights were transferred to various businessmen. Administrative power forcibly intervened in the market, creating space for power-seeking rents. "
4
"Female Hong Kong businessman" Liu Juan
in the dispute between Keqilai and the Western Survey Institute. , Liu Juan’s entry is eye-catching. Public reports show that Liu Juan worked as a typist in the Shaanxi Provincial Government Office in the 1980s, immigrated to Hong Kong in the 1990s to engage in business, and later served as a member of the Standing Committee of the Shaanxi Provincial Committee of the Chinese People's Political Consultative Conference. In the government's red-headed documents, the main developers of the conversion project were Sinochem Engineering and Hong Kong Yiye. However, when the cooperative exploration contract was signed with the Western Survey Institute, only Hong Kong Yiye was left.
Zhao Faqi said, "After the proven reserves are profitable, they will kick out Keqilai."
The contract stipulates that the scope of the exploration rights is 340 square kilometers, and the detailed investigation work is entirely funded by Hong Kong Yiye and the Western Exploration Institute. Responsible for the exploration and construction, the precise investigation results and the increased value of the exploration rights obtained through the cooperation are all owned by Hong Kong Yiye. Hong Kong Yiye will allocate coal mining rights only after the conversion project (i.e., the methanol MTO project mentioned above) is approved or the provincial Development and Reform Commission records and approves the implementation.
On July 7, 2006, the Shaanxi Provincial Development and Reform Commission filed Document No. 677 for the 2.4 million-ton methanol MTO Phase I 600,000-ton methanol project; on August 24, the Shaanxi Provincial Department of Land and Resources filed a formal letter for the project. However, according to Caixin reports, Liu Juan did not obtain the exploration rights until 2016, and Liu Juan, who did not have the exploration rights, “still obtained the procedures from five departments including environmental impact assessment, safety assessment, water assessment, and land pre-examination in about half a year. ".
On June 5, 2007, the investment amount of Shaanxi Sinochem Yiye Energy Investment Co., Ltd. (hereinafter referred to as "Zhongyi Energy Investment") and Shaanxi Sinochem Yiye Energy Co., Ltd. (hereinafter referred to as "Zhongyi Energy") was 2.29 billion. Yuan's 2.4 million-ton methanol MTO phase I 600,000-ton methanol project started construction at the same time as the supporting Boluojing Mine's annual output of 10 million tons project. These two project companies have a common actual controlling shareholder, Shaanxi Yiye Investment Co., Ltd. (hereinafter referred to as "Yiye Investment"). Yiye Investment was established on April 14, 2006, and its legal representative is Liu Juan.
In July 2008, Zhongyi Energy Investment changed its investors (equity). The legal person shareholders were changed from Yiye Investment and Sinochem Engineering to Yiye Investment and Shaanxi Taixing Real Estate, and Sinochem Engineering completely withdrew.
In November 2008, Liu Juan began cooperation with Shaanxi state-owned Yanchang Petroleum Group. The two parties valued Zhongyi Energy Investment and Zhongyi Energy at 490 million yuan, and invested 249.9 million yuan in Yanchang Petroleum, accounting for 51% of the shares respectively. The Bolo Coalfield involved in the case is still allocated to Yiye Investment, and Yanchang Petroleum intends to cooperate in its development. Zhao Faqi once reported that Yanchang Petroleum and Zhongyi Energy Investment used false price assessments of projects under construction in the first phase of the Yuheng Coal Chemical Industrial Zone in Shaanxi to obtain state-owned assets; Yanchang Petroleum and Zhongyi Energy jointly entrusted Shaanxi Zhengdexin Assets The appraisal company used the illegally mined Boluo coal mine for valuation, and was suspected of conspiring to defraud state-owned assets.
In May 2013, the Shaanxi Provincial State-owned Assets Supervision and Administration Commission’s investigation report concluded that the incident did not involve the loss of state-owned assets or conspiracy to defraud state-owned assets.
In fact, in June 2010, Yanchang Petroleum applied to the Shaanxi Provincial State-owned Assets Supervision and Administration Commission for the filing of an appraisal report on the acquired assets.The Shaanxi Provincial State-owned Assets Supervision and Administration Commission’s review found that the evaluation reports contained falsehoods, violations and other problems, and the two evaluation reports were not filed. However, in 2011, the cooperation application was approved by the Shaanxi Provincial State-owned Assets Supervision and Administration Commission, but the cooperation asset evaluation was not completed.
A reporter from China Economic Weekly contacted Liu Juan for interviews many times, but her phone calls were not connected.
5
Appeals and Reports
After the company won the first instance in 2006, its registration was revoked and it lost its qualification as a litigation subject because it was found that it had falsely declared its registered capital and other issues. Later, Zhao Faqi was also wanted by the police. In August 2011, Zhao Faqi was arrested and was found not guilty after 133 days in the detention center.
After being acquitted, Zhao Faqi once again appealed the contract dispute case with the Western Survey Institute to the Supreme Court. Liu Chang, Keqilai’s legal counsel and lawyer at Beijing Zhongwen Law Firm, revealed that on December 21, 2017, the Supreme People’s Court issued the judgment in the form of an interview. While appealing, Zhao Faqi also publicly reported a number of officials, among whom Xi Xiaoming, former vice president of the Supreme Court, Wang Zhenxin, former director of the Shaanxi Provincial Department of Land and Resources, and others have now been "lost."
From February to April 2017, the 11th Inspection Team of the 18th Central Committee of the Communist Party of China carried out a "look back" inspection of Shaanxi Province. The inspection team had specifically put forward opinions on corruption in the field of mineral resources in Shaanxi, pointing out that mineral resource exploration and development "The lid has not yet been lifted" on corruption issues in business, operations, and capital and share expansion of state-owned companies.
CCTV News reported that this dispute had been fought for many years due to the invisible hand of the government, and some leaders of Shaanxi Province were even involved.
Zhao Faqi said: "The essence of this case is the ownership of the exploration rights of the Polo Mine Field. This was originally a simple economic dispute case, so why did it take more than ten years?"
Until the final hearing of the Supreme Court on December 21, 2017 The verdict was that Keqilai won the case, and the contract signed by Keqilai and the Western Survey Institute was valid. Shaanxi Province has changed several leaders, and the golden decade of coal has passed. The coal mines are still idle in the Mu Us Desert. After
wins the lawsuit, according to the contract, Keqilai will also cooperate with the Western Survey Institute. Liu Chang, Keqilai’s legal counsel, said, “I recently went to Xi’an and had an interview with the leaders of the Western Survey Institute. I also sent a formal letter to the Western Survey Institute to discuss the next step of cooperation, but I have not yet received a written reply. "China Economic Weekly" reporters contacted Wang Zhanshe, the current president of the Western Survey Institute, for interviews, but received no response from him.
What exactly is the 100 billion mining rights case in northern Shaanxi that Cui Yongyuan is talking about?
According to China Youth Online, late at night on December 26, 2018 and at 13:32 on December 29, Cui Yongyuan posted on Weibo saying, "Northern Shaanxi 100 billion The file of "Mining Rights Case" was stolen for two years and has not been traced since, and it was reported to the Supreme People's Court, attracting attention.
Late at night on December 29, the Supreme People's Court issued a "Situation Report", stating that it had launched an investigation process. "If any staff of our court are found to have violated trial discipline, they will be dealt with seriously in accordance with the discipline and law."
Regarding Cui Yongyuan's "Northern Shaanxi case" "100 Billion Mining Rights Case" was reported in the "Special Report" of China Youth Daily on August 2, 2010.
article | Wang Guoqiang
This article is reprinted from "Bingdian Weekly" (ID: bingdianweekly), a subsidiary of China Youth Daily. The original article was first published on December 30, 2018, titled "What is the 100 billion mining rights case in northern Shaanxi mentioned by Cui Yongyuan?" , does not represent the views of Outlook Think Tank.
In 2010, China Youth Daily received reports from readers that while a lawsuit over a mining rights dispute in Hengshan County, Shaanxi Province was being heard by the Supreme People's Court (hereinafter referred to as the "Supreme Court"), it received a letter from the "Shaanxi Provincial Government" Office" letter.
In this letter, regarding "the opinions and requests of our province", there is this statement: "The first-instance judgment of the Provincial High Court incorrectly understood the basis of the cited documents", "If the judgment of the Provincial High People's Court is upheld, there will be consequences A series of serious consequences" and "a greater negative impact on the overall stability and development of Shaanxi."
In response to this letter, several domestic legal experts, including Professor Hou Xinyi, Vice Dean of Nankai University Law School, believe that the letter abandons the fair and neutral position that the government should have in market competition, and is suspected of using public instruments of the state to serve private interests. .
"politicized ordinary civil cases, elevated economic cases to political events, and exerted tremendous political pressure on the Supreme People's Court under the pretext of 'affecting the social stability of Shaanxi Province.'" The above-mentioned legal experts called for "resisting illegal letters Interference with the administration of justice."
According to people familiar with the matter, although the letter was sent in the name of the Shaanxi Provincial Government Office, it was actually drafted by the Shaanxi Provincial Department of Land and Resources.
1
Collaborative exploration discovered high-quality coal reserves
In early 2003, the portal website of the Xi'an Geological and Mineral Exploration and Development Institute (hereinafter referred to as the "Western Exploration Institute") of the Shaanxi Provincial Bureau of Geology and Mineral Exploration posted an article about "Joint Exploration in Hengshan County, Shaanxi Province" Polo - Hongshiqiao area coal mine resources" investment promotion information.
This information revealed that the "Polo-Hongshiqiao Mining Area" where the Western Exploration Institute has obtained exploration rights covers a total area of 279.24 square kilometers, and the exploration work has invested up to 10 million yuan. After
saw this information, Yulin Keqilai Energy Investment Company (hereinafter referred to as "Kechlai Company") contacted the Western Survey Institute. On August 25, 2003, Keqilai Company and the Western Exploration Institute signed a "Cooperative Exploration Contract."
This contract stipulates that both parties will jointly invest in a detailed and precise investigation of the coal resources in the Polo-Hongshiqiao exploration area. The exploration rights of the mining area were evaluated by the statutory evaluation agency and reported to the Department of Land and Resources for filing. The two parties negotiated and determined that its value was 15 million yuan.
The contract stipulates that Kaiqilai Company will pay 12 million yuan to the Western Exploration Institute and own 80% of the equity in the exploration project. After the agreement takes effect, the benefits generated from the exploration area, whether it is exploration appreciation, joint development, or mineral rights transfer, will be shared by Keqilai Company and the Western Exploration Institute at a ratio of 8:2.
The contract states: "This agreement will take effect from the date of signature by both parties."
On July 30, 2010, Zhao Faqi, the legal representative of Keqilai Company, told reporters that this contract is risky. “Exploration investment is like gambling. Before, no one could be sure whether there were mines underground. If there is no mine, the investment will be wasted.”
At the end of 2004, preliminary data obtained by Zhao Faqi showed that there were nearly 2 billion tons of high-quality thermal coal in the 279.24 square kilometers of mining area. Based on estimates of domestic raw coal prices in 2004, Zhao Faqi will be worth an astonishing amount.
However, next, a series of things that made Zhao Faqi feel incredible happened.
"Polo-Hongshiqiao Mining Area" is located in the Mu Us Desert. Information picture
2
After coordination, the cooperation was re-agreed
On March 22, 2005, Keqilai Company transferred 12 million yuan to the Western Survey Institute, but the Western Survey Institute refused to accept it and wrote to Keqilai Company on March 25 Said: "According to the relevant provisions of the Mineral Resources Law of the People's Republic of China, our institute signed a cooperative exploration project with your company: 'Coal Resources Cooperative Exploration Contract in Boluo-Hongshiqiao Area, Hengshan County, Yulin City, Shaanxi Province', due to It is inconsistent with the relevant policies in the minutes of the 21st meeting of the Shaanxi Provincial People's Government on October 22, 2003, and cannot be implemented as agreed in the contract, so the payment from your company cannot be collected."
Since then, the two parties have coordinated. On May 26, 2005, Keqilai Company paid 9 million yuan for preliminary exploration work to the Western Survey Institute, and the Western Survey Institute issued a receipt.
During this period, the Shaanxi Provincial Geology and Mineral Exploration and Development Bureau proposed to terminate the cooperative exploration contract on the grounds that the cooperative exploration contract was inconsistent with the spirit of the minutes of the 21st meeting of the provincial government in 2003 and that the country had not yet formulated a development plan for the cooperative exploration area. Keqilai Company reported this to the Shaanxi Provincial Government Office, and the provincial government instructed the Provincial Department of Land and Resources to coordinate.
After investigation and coordination, the Shaanxi Provincial Department of Land and Resources issued the Shaanxi Land and Resources Office [2005] No. 65 on November 8, 2005, "On the Coordination and Resolution of Cooperative Exploration Disputes over Coal Resources in the Boluo-Hongshiqiao Area of Hengshan County, Yulin City" "Report on the Situation" to the Provincial Government Office.
A reporter from China Youth Daily saw this report. The report said: “In March 2004, the Western Exploration Institute and Keqilai Company sent the summary of the cooperative exploration contract signed by the Western Exploration Institute and the Keqilai Company to our department for filing, as well as the summary of the exploration rights evaluation report for the Polo-Hongshiqiao exploration area in Hengshan County, Shaanxi Province. After review, our department believes that both parties are committed to taking risks and are willing to conduct cooperative exploration in accordance with the relevant regulations of the Shaanxi Provincial Government, which meets the requirements of national laws and regulations, and can agree to its cooperative exploration. "
said in the report: "Our office has summoned representatives from both parties for coordination many times, and finally reached the following opinions: Both parties agreed to continue to conduct cooperative exploration under the cooperative exploration contract signed on August 25, 2003. They also agreed that after the exploration work is completed, the exploration rights will be transferred to a new company jointly established by both parties or to Keqilai Company for later development. "
This report shows that Keqilai Company and the Western Prospecting Institute have reached an agreement again and are ready to perform the contract. However, then, things changed again.
3
Same mining area, two filings
December 8, 2005, Keqi Lai Company sent a letter to the Western Survey Institute, hoping that the Western Survey Institute would immediately fulfill its contractual obligations, provide a detailed design and budget as soon as possible, and clarify the amount of money that Keqilai Company should pay.
On December 14, 2005, the Western Survey Institute responded to the letter. Zhongque said: “As for the issue of immediate performance of the contract, because we did not obtain the approval for the downstream industry project within the validity period of the contract, we lost the opportunity to start the performance of the contract. Now it is impossible to talk about the performance of the contract. Recently, I received a letter from the relevant provincial department, and the Polo Mine Field has been planned by the province as a key chemical project allocation resource for Hong Kong Yiye. As a provincial geological exploration unit, we must obey." "Our cooperation with the Polo Mine Field depends solely on our side. The power is no longer able to be activated. "
After that, the Shaanxi Provincial Department of Land and Resources, which coordinated the continued performance of the contract between Keqilai Company and the Western Survey Institute, issued a report not long ago. On January 13, 2006, it issued the Shaanxi Land Resources Exploration and Development [2006] No. 1 Document Submit to the Shaanxi Provincial People's Government "Request for Instructions on the Coordination of China National Chemical Engineering Corporation Hong Kong Yiye Investment Co., Ltd.'s participation in the coal resource exploration work in the Polo Mine Field". The "Request for Instructions" in this document
contains this statement. : “According to the instructions from the leaders of the provincial government, the Western Exploration Institute should proactively coordinate with China National Chemical Engineering Corporation and Hong Kong Yiye Investment (Group) Co., Ltd. to sign a cooperative exploration agreement for the exploration (precision survey) of the ‘Polo Well Field’. "According to the principle that China National Chemical Engineering Corporation and Hong Kong Yiye Investment (Group) Co., Ltd. contribute funds, the Western Exploration Institute is responsible for the exploration work, and the exploration results belong to the investors. After the 'Methanol MTO Project' is approved by the competent department, it will be The Western Exploration Institute transferred the exploration rights of the mine field to the project development owner in accordance with the law. "
It is understood that the area of the above-mentioned "Bolo Mine Field" is about 340 square kilometers. The "Polo-Hongshiqiao Area Coal Mine Survey" exploration right held by the Western Exploration Institute has an area of approximately 258 square kilometers. In other words, most of the two areas overlap.
On April 14, 2006, the Western Survey Institute and Hong Kong Yiye Investment (Group) Co., Ltd. (hereinafter referred to as "Hong Kong Yiye") signed an agreement on "Hong Kong Yiye". "Bolo Mine Field" cooperative exploration contract.
After confirming that the Western Exploration Institute signed a cooperation agreement with other companies in the mining area originally shared by the Western Exploration Institute and Keqilai Company, Zhao Faqi was very angry. In May 2006, Keqilai The company brought the lawsuit to the Shaanxi Provincial Higher People's Court.
On October 19, 2006, the Shaanxi Provincial Higher People's Court ruled in favor of the Shaanxi Provincial High Court. The cooperative exploration contract signed on August 25, 2003 is the true expression of intention of both parties. The content does not violate the mandatory provisions of laws and regulations, and the contract should be deemed valid. "
" Document No. 90 of the Shaanxi Provincial Department of Land and Resources (2005) can confirm that the plaintiff and the defendant had filed the contract on August 25, 2003, and at that time the department also agreed that both parties would continue to perform the contract. Therefore, the defendant's agreement on the contract did not take effect. The reason cannot be established. ”
The court held that the Western Exploration Institute terminated the performance of the contract for various reasons. In the case that the contractual relationship with Keqilai Company was not terminated in accordance with the law, the area signed with other units included the area of the cooperative exploration area between the Western Exploration Institute and Keqilai Company. The cooperative exploration contract constituted a breach of contract.
The court ruled that the cooperative exploration contract between Keqilai Company and the Western Exploration Institute on August 25, 2003 was valid and both parties continued to perform it.In addition, the Western Exploration Institute should pay 27.6 million yuan in liquidated damages to Keqilai Company within 10 days after the judgment takes effect; and transfer the exploration rights to Keqilai Company within one month after the judgment takes effect.
Western Survey Institute is not convinced. In November 2006, the Western Survey Institute appealed to the Supreme People's Court.
Zhao Faqi believes that after the Shaanxi Provincial Department of Land and Resources filed the cooperation contract between Kaiqilai Company and the Western Survey Institute in accordance with the law, it also filed the contract between the Western Survey Institute and other companies. This is the source of the contradiction.
4
What is the origin of "Sinochem Yiye"
Why are there two filings for the same mining area?
reporter obtained a copy of the investigation transcript made by Keqilai’s attorney on December 17, 2007, when he investigated Wang Fenglin, a cadre of the Exploration Division of the Shaanxi Provincial Department of Land and Resources. Among them, when asked "Why are there two filings for the same project?" Wang Fenglin's answer was "You can ask the relevant departments and leaders about this question."
So, how did China National Chemical Engineering Corporation (hereinafter referred to as "China National Chemical Corporation") and Hong Kong Yiye appear? An investigation by
reporter found that in a document issued by the Shaanxi Provincial Development and Reform Commission on August 18, 2005, "Responses to Issues Concerning the Construction of Coal Chemical Projects by China National Chemical Corporation Hong Kong Yiye Investment Company", there was this statement: “According to the MTO project cooperation agreement signed by our committee with China National Chemical Engineering Corporation and Hong Kong Yiye Investment (Group) Co., Ltd., Sinochem Yiye Energy Co., Ltd. serves as the 2.4 million tons methanol-to-olefins (MTO) project in Yuheng Coal Chemical Industry Park Owners should start the preliminary work of the project as soon as possible."
On October 10, 2005, the Shaanxi Provincial Development and Reform Commission issued the "Shaanxi Development and Reform Energy (2005) No. 932" document and clarified that the supporting coal resource of the "Yuheng 2.4 million tons methanol MTO project" is the "Bolo Mine Field".
On July 7, 2006, the Shaanxi Provincial Development and Reform Commission issued the "Notice on the Registration of Shaanxi Sinochem Yiye Energy Investment Co., Ltd.'s 2.4 million tons of methanol MTO Phase I 600,000 tons methanol project" and agreed to register the project. The reporter from
discovered that it was precisely because China National Chemical Corporation and Hong Kong Yiye applied for the "Yuheng 2.4 million tons methanol MTO project" that the later cooperative exploration contract between the Western Exploration Institute and Hong Kong Yiye on the "Polo Mine Field" came into being. Book. However, is Shaanxi Sinochem Yiye Energy Investment Co., Ltd. (hereinafter referred to as "Sinochem Yiye") really established by China National Chemical Corporation and Hong Kong Yiye? An investigation by
reporter found that Sinochem Yiye was jointly funded by Shaanxi Yiye Investment Co., Ltd. (hereinafter referred to as "Shaanxi Yiye") and China National Chemical Corporation and was established on June 16, 2006. Among them, Shaanxi Yiye accounts for 90% of the registered capital and China National Chemical Group accounts for 10%.
Information from the industrial and commercial department shows that Shaanxi Yiye was established on April 14, 2006. Its legal person shareholders are Shaanxi Taixing Real Estate Co., Ltd. (hereinafter referred to as "Shaanxi Taixing Real Estate") and natural person Liu Feng. Among them, Liu Feng accounts for 95% of the registered capital and Shaanxi Taixing Real Estate Co., Ltd. accounts for 5%. Relevant information from
shows that Liu Feng was born in 1979 in Xi’an. But there is no further public information.
Shaanxi Taixing Real Estate was established on June 10, 2003. Its business scope is: real estate development, operation and supporting services; comprehensive tourism development and supporting services; cultivation and sales of Xilin flowers; sales of building decoration materials and native products .
The shareholders of Shaanxi Taixing Real Estate are natural persons Liu Hao and Liu Liang. The
reporter found that Shaanxi Yiye had made an investor (equity) change on February 3, 2008, and the legal person shareholders were changed from Shaanxi Taixing Real Estate and Liu Feng to Liu Feng. In other words, Shaanxi Yiye became Liu Feng’s sole proprietorship.
In addition, on July 25, 2008, Sinochem Yiye made an investor (equity) change. The legal person shareholders were changed from Shaanxi Yiye and China National Chemical Corporation to Shaanxi Yiye and Shaanxi Taixing Real Estate, and China National Chemical Corporation. The group withdrew completely.
In this way, Sinochem Yiye is owned by Liu Feng, Liu Hao and Liu Liang.
The letter sent to the Supreme Court was drafted by the Shaanxi Land and Resources Department?
An even more bizarre thing happened during the second instance of the Supreme People's Court in the lawsuit between Keqilai Company and the Western Prospecting Institute.
Insiders revealed that on May 4, 2008, the Shaanxi Provincial Government Office issued a "Report on the Exploration Rights Dispute between the Western Exploration Institute and Keqilai Company" to the Supreme People's Court.
According to reports, this "report" made several opinions and requests to the Supreme People's Court, including "the exploration contract between the Western Survey Institute and Keqilai Company has not been completed and recorded, and has not been implemented, so it should be an invalid contract"; " The Provincial High Court’s first-instance judgment did not correctly understand the basis of the cited documents” and “implementation of the first-instance judgment will cause a serious loss of state-owned assets.”
At the same time, the report also stated that "if the judgment of the Provincial Higher People's Court is upheld, a series of serious consequences will occur" and "it will have a greater negative impact on the overall stability and development of Shaanxi."
It is understood that in response to this letter, in February 2009, several domestic legal experts, including Professor Hou Xinyi, Vice Dean of Nankai University School of Law, jointly sent a letter to the Supreme Court titled "Recommendations on Calling on the Supreme People's Court to Resist Illegal Letters Interfering with Judicial Affairs" Book".
In this proposal, legal experts expressed the following opinion: "The confidential letter violated the relevant provisions of the "Regulations on the Disclosure of Government Information of the People's Republic of China" and illegally encrypted government information that should be disclosed voluntarily, causing problems for the parties during the litigation process. The serious imbalance in the litigation status of both parties has seriously affected the vital interests of one of the parties. "
" The secret letter abandoned the government's due impartiality and neutrality in market competition, and was suspected of using state organs to serve private interests. The secret letter politicized ordinary civil cases, elevated economic cases to political events, and exerted tremendous political pressure on the Supreme People's Court under the pretext of 'affecting the social stability of Shaanxi Province', challenging the judicial authority of the Supreme People's Court. "
However. , Professor Hou Xinyi told a China Youth Daily reporter on August 1 that he only listened to the parties involved introduce the contents of the letter and did not see the letter with his own eyes.
It is understood that the mining rights dispute case was appealed to the Supreme Court in November 2006. It was not until November 4, 2009 that the Supreme Court ruled to revoke the judgment of the Shaanxi Provincial High Court and remand the case for retrial. Regarding the case itself, the ruling contained only the statement “This court believes after trial that the facts established in the original judgment were unclear.”
According to Zhao Faqi, he learned from some insiders that the real drafter of this letter submitted in the name of the Shaanxi Provincial Government Office was the Shaanxi Provincial Department of Land and Resources.
A staff member of the Shaanxi Provincial Government Office who handled the matter told reporters that this is an internal document that is very old and needs to be checked to see if it has been filed. When asked about the unit that drafted the document, he said " It should have been drafted by the Shaanxi Provincial Department of Land and Resources."
However, later that day, when the staff member was asked about the file check again, he said that "the file is not in his hand, and he can't remember who drafted it." The staff member finally suggested that he could directly ask Shaanxi Provincial Department of Land and Resources.
However, a staff member of the Shaanxi Provincial Department of Land and Resources who handled the case told reporters that the case has been sent back to the Shaanxi Provincial High Court for retrial by the Supreme People's Court and denied the drafting of the "report".
Zhao Faqi said that what he hopes for is "just openness and transparency." "If the law says that I am wrong, then I believe that all I want is a fair result."
Director Producer: Wang Lei
Supervisor Producer: Xia Yu
Editor: Dai Lili, Li Yibo
Editor: Zhang Mingli
