Beijing News (Reporter Li Yifan) helped journal collect manuscripts and charge a certain page fee for the author; at the request of some authors, the papers they published were downloaded, and then printed and mailed to the paper authors... In December last year, the first case of "paying papers and collecting page fees" in China was sentenced in Jiangxi. This "chain of interests" included 7 people charged with the case from two companies. In the end, the seven defendants were sentenced to different sentences by the court.
, the main culprit Cai Xiaowei, who was sentenced to 4 years and 6 months in prison and fined 4.5 million yuan, appealed with the other two main culprits because they were dissatisfied with the verdict. Today (June 3), a reporter from the Beijing News learned from the Jiangxi Province Jiujiang City Intermediate Court and Cai Xiaowei's defense lawyer Wang Wanqiong that the Jiujiang Intermediate Court has accepted the case, and the second instance will be held in the Xiushui County Court on June 6.
On June 3, Cai Xiaowei's second-instance defense lawyer Wang Wanqiong received a notice of appearance from the Jiujiang Intermediate People's Court. The case will be heard in the court on June 6. Photo provided by the interviewee
The first instance court determined that the defendant had set up a private editorial department
Today (June 3), a reporter from the Beijing News obtained a criminal judgment stamped with the official seal of "Xiushui Court" from Cai Xiaowei's wife Deng Zhaohui.
Xiushui County Court held in the first instance that since October 2014, the defendant Cai Xiaowei has signed a Vip Electronic Journal Layout Cooperation Agreement with Chongqing Weipu Information Co., Ltd. (referred to as "Vip Company"), in the name of Chongqing Jikao Technology Co., Ltd. (referred to as "Vip Company"), and Weipu Company entrusts Jikao Company to promote, receive, and preliminary review activities for continuous electronic journals such as "China Science and Technology Economic News Database Education".
After that, Cai Xiaowei, Hu Jing and others set up multiple "editor departments" privately, and in the name of the editorial department of the corresponding journal of VIP, contacting people who need to publish papers or paper publishing agents through telephone, QQ, WeChat, etc. to call for papers.
The first instance judgment shows that when the number of papers in one issue is fully collected, the papers in that issue will be typed, submitted to the final review of the editor of Weipu, and included in Weipu.com. After that, the paper document of this issue is exported, the cover, copyright page and catalog will be added, and sent to the printing factory, printed into a paper journal, and mailed to the author of the paper, and the layout fee paid by the paper author or the call for manuscript agent will be charged.
In the end, the Xiushui County Procuratorate filed a public prosecution with Xiushui County Court for Cai Xiaowei, Hu Jing, Huang Zhifei and others to set up a publishing unit without authorization, illegally engaged in the publishing, printing and distribution business of publications, and suspected of illegal business operations.
In December last year, the first case of "paying papers and collecting page fees" in China was sentenced in Jiangxi. Screenshot of the first instance criminal verdict
7 people were charged with illegal business operations and were sentenced to
On December 14, 2018, the first case of "collecting layout fees for posting papers" was pronounced in the first instance in Xiushui County Court of Jiujiang City, Jiangxi Province. Four people in Jikao Company were sentenced. The company's general manager Cai Xiaowei was sentenced to the longest sentence, sentenced to 4 years and 6 months, and fined 4.5 million yuan. Deputy General Manager Hu Jing was sentenced to three years in prison and fined 4.5 million yuan.
Huang Zhifei, the head of Chongqing Zongyu Culture Media Company (referred to as "Zongyu Company"), which has a cooperative relationship with Jikao Company, and Zhong, an employee, were also sentenced at the same time. Another person was entrusted to engage in printing and was sentenced.
The first instance judgment shows that the defendants Cai Xiaowei, Hu Jing and Huang Zhifei illegally engage in the publishing, printing and distribution business of publications, seriously disrupting the order of the publishing market, and the circumstances are particularly serious. They should be convicted and punished for the crime of illegal business operations and were determined to be the main culprit.
The defendant Gan Yu and three others were hired by the defendants Cai Xiaowei, Hu Jing and Huang Zhifei to illegally engage in the publication and distribution activities of publications, and are responsible for management in their respective departments. They should be punished for accomplices of illegal business operations in accordance with the law.
The defendant Hu Xiyue was entrusted by the above-mentioned defendant to illegally engage in the printing of publications, and he should also be held criminally responsible for the crime of illegal business operations according to law.
It is worth mentioning that this case was also selected as a typical case as a "Top Ten Cases of China Anti-pornography and Anti-Illegal Network in 2017".
3 The main culprit is dissatisfied with the verdict. The second trial will be held
Beijing News reporter noticed that during the first trial, the prosecution and defense had once debated whether the paper was charged for the layout fee and the online publication of the paper was downloaded and printed, and sent to the author of the paper. Whether it was suspected of illegal business operations.
However, this behavior was eventually considered by Xiushui County Court to violate the crime of illegal business operations, which eventually led to seven people being sentenced. The three main culprits, including Cai Xiaowei, appealed after the verdict was announced. This case has also caused heated discussions in the domestic legal community.
Today (June 3), there has been new progress in this case.
Beijing News reporter learned from the Jiujiang Intermediate Court and Cai Xiaowei's defense lawyer Wang Wanqiong that the court has accepted the case and the second instance will be held in Xiushui County Court on June 6.
Cai Xiaowei and his side told the Beijing News reporter today that after Cai Xiaowei and others obtained the consent of Vip Company, they printed the legal electronic publications that had been published on their official website into extremely limited paper booklets. These booklets are non-sold copies of electronic publications, rather than publications identified in the first instance, nor are they illegal publications.
But the first instance court held that because there were about 300 authors in a journal and gave the booklet to the authors, these authors saw the works of other authors, so this was publication.
Beijing News reporter Li Yifan Editor Bai Kui Proofreading Li Xiangling
