Chapter 437: Essence
This is because the official documents or norms of administrative organs, such as "administrative decisions," "administrative guidance," "administrative licenses," "administrative punishments," "administrative normative documents," and "administrative contracts," have to go through a strict and complicated process before they can be released. Moreover, after the lower-level departments or executive agencies have implemented the meeting minutes in accordance with them, in the unlikely event that there are some undesirable consequences of violating laws and regulations, the higher-level organs can also use the informal nature of the meeting minutes to dissociate themselves from them and divert the contradictions...... So, for these reasons, the misuse of meeting minutes has become a common phenomenon today.
At this time, hearing Zhang Liang say that the Chen Cheng Real Estate Company at the venue took out a "meeting minutes", Zhang Ruiming was suddenly confused, and he thought that this meeting minutes must be related to this land transfer fee.
Sure enough, Zhang Liang's next words confirmed Zhang Ruiming's conjecture.
"Minister, the minutes of this meeting are about the ...... of this transfer It is a record of a meeting of the Tsu-Hong Kong City Hall on May 16, 2015. The key content was that the Jingang Municipal Government at that time agreed to the deferred payment of various fees, including the land use right transfer fee, because of the demonstration effect of attracting investment and the construction of the new area and the actual difficulties of Chencheng Real Estate Company......"
"What's ......?"
Although he was prepared, Zhang Ruiming was still shocked by the content of this meeting minutes, he suddenly stood up, and asked Zhang Liang: "Was there a time limit for this so-called "deferred payment" at that time?"
Zhang Liang shook his head: "The specific deferred payment period is not stated above, but until now, 4 years have passed, and Chen Cheng Company has not paid the transfer fee in accordance with the law, and the Natural Resources Bureau of our city has not collected it in accordance with the law." ”
"Damn! I know that there is a reason why this Chen Cheng Company is so unscrupulous in procrastinating! Sure enough! No wonder they have left such a backhand, then their Bureau of Natural Resources will be indifferent to our procuratorial suggestions, and it is completely understandable, they are keeping a "Shang Fang Sword"......
When Zhang Liang returned to the city procuratorate today, the first thing he did was to find Zhang Ruiming's office in a straight way, in order to use the experience of this experienced and extremely capable prosecutor general to find a way to get rid of the meeting minutes, handle this case to the end, and win this first administrative public interest lawsuit. But at this time, hearing a trace of weakness and bitterness in Zhang Ruiming's tone, Zhang Liang was a little panicked, and hurriedly asked: "But, minister, are the minutes of this meeting ...... Anyway, it's just an ordinary document and not a formal administrative document, so why can Chen Cheng rely on this to ignore laws and regulations? Can't we get around it?"
Zhang Liang's slightly bookish questioning at this time made Zhang Ruiming sigh, he smiled bitterly, how can he not understand these truths, and every legal person has not had this ideal and expectation of "legal authority cannot be questioned", but the reality is far more severe and realistic than these bookish slogans, young lawyers like Zhang Liang will not learn a little bit many times: no matter how complete the law is, In how sacred, but in general, the law is also enforced by people, and as long as it is a person, he will have his own greed and ideas, he will have his own **, the ** of power and money, and these ** will severely shatter the unrealistic illusions of Zhang Liang, an honest and simple young man.
Zhang Ruiming refilled the quilt for himself, poured a cup for Zhang Liang, and reluctantly comforted her a few words, and then said earnestly: "To be honest, I am sincerely happy for your words just now, very juvenile and bookish." However, I often tell you that we legal people have no conscience and forget our roots when we encounter things that are not lawful, but if everything is only lawful, it is stupid. ”
"Minister, I ......"
Zhang Ruiming motioned with his hand for her to sit quietly and patiently, and listened to him finish speaking.
"First of all, we need to recognise that the key point is that this meeting minutes are really difficult to get around, and it is because they are very practical that the government will choose them. What you have to see clearly is not this simple piece of paper, we all know that this meeting minutes are just the meeting records of several leaders, and they are not officially issued in law, so it seems to be very weak, but you have to see its essence through the phenomenon and see the intention behind this meeting minutes. ”
"Intent?"
"That's the intention, I've worked as a lawyer, a prosecutor, and an anti-corruption lawyer over the years, and one of the most important takeaways I have learned is to never personify an organization as a whole. ”
Speaking of this, Zhang Ruiming took out a piece of paper and wrote a few nouns and department names on it.
"For example, on this issue, everyone seems to have tacitly agreed that the then Jingang City Government will come out with *
The purpose of such a meeting minutes is to "attract investment and build new areas". What about these points...... I'm not going to deny the truth altogether, but I don't think that's the fundamental reason. ”
"That's?"
"You see, in the meeting room of the Jingang City Government at that time, there were a few leaders who sincerely wanted to do a good job in the economy. But not every leader at the meeting had that kind of awareness. Among them, the motivations of the leaders overlap and diverge, some are praying for the next adjustment and promotion, some may just want to retire safely, not to go wrong, not to take responsibility, and some we can't know. But one thing is certain, that is, "attracting investment and building new areas" is definitely not everyone's greatest wish. ”
"Then since they don't want to do a good job in the economy, then why do they have to issue such a meeting minutes?" Zhang Liang became more and more confused the more she listened, but her expression was still very sincere.
"You are wrong, because they are not united, so on the contrary, they have to fix the matter of deferring the payment of the land transfer fee in the form of such a meeting minutes, because the most likely thing for these officials at all levels of the government to work together is another thing: to increase the power of the government, but to hold themselves accountable.
Once this premise is clear, the answer to this question is self-evident.
If you were a participant at the meeting, you were faced with a multiple-choice question: should you go through various complicated procedures and decisions, go through the people's congress, the Chinese People's Political Consultative Conference and other departments, and make an administrative resolution that may make you "settle accounts after the autumn" to promote this matter, or should you achieve the goal in a form that is convenient to avoid responsibility such as meeting minutes?
As soon as Zhang Ruiming said this, Zhang Liang immediately understood, she licked her lips and said: "That minister, what you said like this proves that the municipal government at that time passed the minutes of this meeting, and it really wanted this Chen Cheng Real Estate Company to delay the payment of the transfer fee, so now ...... Do we still have a way to overturn the minutes? I remember, there seem to have been some cases before, where the minutes were invalid or illegal, and there are these cases, so we ......."
Zhang Liang spoke quickly, she was excited, and her voice became louder and louder, but Zhang Ruiming was not as optimistic as her, he just waved his hand, stopped her words, shook his head and sighed: "You, I said so much, you still don't understand what I mean......"
"No, Minister, aren't you just ......"
Zhang Ruiming glanced at the direction of the office door with deep eyes, as if he was worried that there were ears outside the door, Zhang Liang was also a little stunned, she looked back at Zhang Ruiming's gaze, the door was closed, what was Minister Zhang who was not afraid of heaven and earth, and even the chief prosecutor felt directly scared, what was he worried about.
The strange look on Zhang Ruiming's face was only for a moment, he retracted his gaze, and wrote another word on the paper with his hand, but he only wrote two strokes, and then stopped, as if after making up some difficult determination, he wrote the word "soup" on the paper.
After writing, he used his index finger to click the word "soup", motioned for the girl to take a look, and then comprehended it himself.
His eyes narrowed slightly, his expression was indifferent, and he was quite cloudy and misty, but Zhang Liang, the silly girl, leaned over and looked at the word "soup" a few times, and even moved the paper east and west, but still couldn't see any "true meaning", if she hadn't seen Zhang Ruiming write it with her own eyes, she really thought it was written in invisible ink, and she would really have put it on the fire to roast it.
Zhang Ruiming saw that this girl was scratching her ears and cheeks but couldn't decipher the meaning of the word was quite funny, but he didn't want to point out the mystery directly, so he could only point on the paper with his finger again, and said to Zhang Liang: "Look at this word, can't it be linked to anything?"
Zhang Liang was about to cry urgently, so he could only open a pair of innocent eyes and say to Zhang Ruiming: "Minister...... You're pretty good at that...... It's a willow body......"
At this time, Zhang Ruiming's strong demeanor suddenly broke through, he gritted his upper and lower teeth, and squeezed out a few words: "Tsk, do you understand if I have to say it thoroughly...... Think about it, what's the biggest news in our city lately? You should always remember this, right?"
"The recent big news ......" Zhang Liang pondered for a few seconds, suddenly came to his senses, and said to Zhang Ruiming with a surprised face: "Tang ...... Isn't that the same Tang Gaoyi!? It's the former mayor who was recently sentenced...... By the way, when I said that, 15 years ago, it was when Tang Gaoyi was in power! Minister, I understand, you mean that this has something to do with Tang Gaoyi!"