Professionals

Chinese lawyer qualification

Special expert member of Minhang District Shenzheng Legal Mediation Service Center

Economic Law of Harbin Engineering University

Economic Law of Heilongjiang University

Lawyer Meng Lingjun has long been committed to the research of legal business in the cross-disciplinary and civil fields, and has accumulated rich litigation experience in the fields of economic criminal offences and duty criminal offences, as well as in the fields of civil and commercial affairs such as companies, contracts and intellectual property rights, and has sufficient control ability and operational skills in the face of complex, difficult and urgent major legal affairs.

Criminal Procedure Representative Performance：

一、Financial crimes

1. Case of illegal absorption of public deposits (probation)

From October 2011 to August 2019, Dai established the "Zengda System" enterprise financial business segment, conducted illegal fund-raising activities without the approval of the relevant state departments, and sold online and offline wealth management products to more than 350000 people, with sales orders of nearly 59.67 billion yuan. As of the time of the case, about 20000 people had raised funds of 7.52 billion yuan that had not been cashed. From May 2015 to June 2019, Chen served as the store manager and team manager of the company, responsible for soliciting fund-raising participants and organizing subordinate business teams to publicize, promote and sell the company's creditor's rights transfer financial products to the outside world, helping the company raise funds illegally, and the cumulative sales order amount was nearly 640 million yuan. The lawyer is entrusted to serve as the defender at the stage of examination, prosecution and trial, and proposes that the case is a unit crime; Chen plays a secondary role in a joint crime and is an accomplice; Voluntary surrender, truthfully confessing himself and the facts of the crime he knows, is voluntary surrender; If the illegal gains have been refunded after the case is committed and during the trial period, a lighter or mitigated punishment shall be imposed, and a suspension of sentence may be applied. After hearing the case according to law, the people's court adopted the defense opinions of the lawyer and sentenced Chen to fixed-term imprisonment of two years, probation of two years and a fine of 40000 yuan.

2. Case of Falsely Issuing Special Invoices for Value-Added Tax (Suspension of Sentence)

From January 2015 to July 2017, Wen, the actual operator of Qiyan Company, received a large number of falsified special VAT invoices from a computer company, an industrial company, a technology company, an information company and an electronic company without the occurrence of real business, and has successfully deducted them from the tax authorities. The total price of the invoices involved in the case is more than 8680000 yuan, and the tax deducted is more than 1260000 yuan. In July 2017, Wen introduced Biaofeng Industrial Company to falsely issue three special invoices for value-added tax to Saihu Company, with a total price and tax of 338000 yuan. Wen has been suspected of falsely issuing special invoices for value-added tax. When I defend Wen, I propose that: Wen truthfully confesses his crime after arriving at the case, and if he has a confession, he may be given a lighter punishment; Voluntary confession of guilt and punishment may be lenient; If he has refunded all the taxes, he may be given a lighter punishment, and it is suggested that Wen should be given a suspended sentence. After hearing according to law, the people's court adopted the lawyer's opinion and sentenced Wen to fixed-term imprisonment of three years with a suspension of four years.

二、Crime of fraud

1. Fraud (acquittal)

During the internship in a rail transit company in Shanghai, a student of a university of a certain department of Cai A provided five mobile phone telephone cards with personal identity cards through the publicity of the Qingxin network, which was used by the fraudster to carry out telecommunications fraud. On February 8, 2021, Cai was detained by the public security organ for suspected fraud. After investigation and understanding, I find that Cai has just reached the age of 20, is not deeply involved in the world, has little social experience, trusts others, has a family in other places, and has financial difficulties. In order to reduce the burden of parents, I provide identity cards to do mobile phone cards to earn income to subsidize my life, do not know that I will be used by others to commit crimes, do not have the intention of fraud subjectively, and the circumstances are obviously minor. I believe that Cai does not constitute a crime, so I suggest that Cai be released and given public security penalties, After investigation and careful study, the public security organ decides to revoke the criminal investigation of Cai according to law and acquit him.

2. Contract fraud (life imprisonment to fixed-term imprisonment)

Sun, the boss of a private enterprise of a steel trading company, was suspected of contract fraud due to the provision of false warehouse receipt guarantees in the process of trading steel with a state-owned enterprise, with a total amount of more than 39.5 million yuan. In September 2012, he was criminally detained by the public security organ according to law, and then transferred to the procuratorial organ for examination and prosecution. After investigation, understanding, visiting and reviewing papers, and actively communicating with the undertaking procurators and judges, I put forward the following defense opinions: The case is called steel sales, which is actually private lending; A state-owned enterprise has difficulty in borrowing by using private enterprises, so it lent surplus funds to Sun, and through signing a false steel sales contract, the loan interest was incorporated into the profits of the steel trade, and the warehouse receipt provided by Sun was actually a loan guarantee; Although there is no problem in the determination of the nature of the case, the state-owned enterprise will not renew the loan in violation of the agreement, resulting in the rupture of Sun's capital chain and the failure to repay the loan on time; After Sun arrives at the case, he truthfully confesses the facts of the crime, with frank circumstances; It actively provides information on real estate and vehicles under its name, assists judicial organs in taking measures to seal up and freeze them, actively cooperates with judicial organs in recovering stolen goods and repairing damage, and suggests that Sun be given a lighter punishment. After the first and second instance, the people's court finally commuted Sun's life imprisonment to fixed-term imprisonment of 15 years.

三、Duty crime

1. Case of Embezzlement and Bribery (Probation)

From July 2011 to the second half of 2015, Qi A, the general manager of a company in Zhejiang Province and the person in charge of the storage department of the provincial grain reserve warehouse, together with Hong A, the accountant Li A, and Tang A, Zhou A, Mo A, Shen A, Song A, Wang A, Chen A, and other employees of the company, took advantage of his position to embezzle more than 7780000 yuan of public property by means of "premium grain" sales funds not included in the account and false expenditure. The above-mentioned persons were successively detained by the supervisory organ and then transferred to the procuratorial organ for examination and prosecution. As the defender of Chen's case at the stage of examination, prosecution and trial, after investigation and examination of the papers, I found that during the period of serving as the storekeeper of the grain reserve warehouse and the deputy manager of the storage department, Chen, in accordance with the requirements of Qi, the general manager, increased "premium grain" by adding water to grain and revising the list data, and signed a false bill. The judicial organ should have no problem in accusing him of constituting a crime of embezzlement and bribery, However, if Chen plays only a secondary or auxiliary role in a joint crime, he shall be recognized as an accomplice; If he voluntarily surrenders and truthfully confesses himself and all the criminal facts he knows, he shall be deemed to have surrendered voluntarily; His confession is consistent, complete and stable, without repetition, and has a good attitude of confession; He has actively and timely returned all the stolen money, the circumstances of the crime are relatively minor, the personal danger is minimal, and there is no social danger of recidivism, and the application of probation has no significant adverse impact on the community. After hearing the case according to law, the people's court adopted the lawyer's defense opinions and sentenced Chen to fixed-term imprisonment of two years and six months, with a suspension of three years.

2. Duty Embezzlement (Probation)

Chen has just graduated from university and worked in the Human Resources Department of a company as a salary administrator. From July to December 2019, by taking advantage of his position and repeatedly tampering with the wage payment form and other documents, he transferred the wages, bonuses and subsidies that should have been paid to others, totalling 173730 yuan, to his personal account for personal consumption without authorization, suspected of the crime of duty embezzlement, and was detained criminally. At the investigation stage, after meeting with the public security organ, I learned about Chen's crime and successfully applied for bail pending trial for Chen. At the stage of examination and prosecution, the procuratorial organ actively facilitated the procedure of pleading guilty and signing a written pledge of punishment for Chen, and locked the suspension of sentence for Chen in advance. At the trial stage, it is proposed that Chen voluntarily surrenders, truthfully confesses his crime, has surrendered himself, has returned all the illicit money, repents sincerely, can be given a lighter punishment, and is suggested to apply probation. After hearing the case according to law, the people's court adopted the lawyer's opinion and sentenced Chen to fixed-term imprisonment of six months with a suspension of one year.

四、Others

四、Others

1. False imprisonment cases (routine loans, mafia related, non prosecution)

In May 2017, in a certain district of Shanghai, Huang, Cao, and others visited the victim Yan multiple times to demand RMB 1.6 million in illegal debt. On the early morning of June 29, 2017, Gao, Cao, Pan, Gong, Wang, and others successively went to the victim Yan's home to extort debt through assault, threats, and other means. Later, multiple people took turns guarding and physically punishing Yan. On July 1st, Yan was forced to sell his house to repay his debt and wrote a commitment letter. On July 2nd, Yan jumped off the second floor to escape the police. During the above-mentioned False imprisonment, someone forwarded the detention video to Zhu and informed him of the progress. Zhu was captured on July 4, detained on the same day, and arrested on August 9. After meeting, investigating, understanding the case, and actively communicating with the public security organs, this lawyer successfully applied for bail pending trial for Zhu on September 29th. On December 7, 2017, Zhu was transferred for examination and prosecution for suspected False imprisonment. In my opinion, Mr. Zhu truthfully confessed the Corpus delicti of the crime, and the circumstances were minor, so he could not be prosecuted. After examination and verification, the People's Procuratorate has decided in accordance with the law not to prosecute Zhu.

2. Infringement of Personal Information of Citizens (Detention for 5 months)

Li is the general manager of an asset management company. From March 2018 to May 2019, his subordinate team illegally bought and sold personal information of citizens in order to expand their business. Li adopted a default attitude and was later criminally detained. After accepting the commission, our lawyer met with Mr. Li multiple times to inquire about the situation with the company and relevant personnel. We actively communicated with the public security organs and found that Mr. Li is an external general manager of the company, not a shareholder of the company. He is essentially working for the company and responsible for managing the daily business of each business team. The relationship between each business team and the company is essentially cooperative and independent in terms of business, and Mr. Li has no authority to inquire about specific details, We cannot interfere with the illegal sale of personal information of citizens by the business team, let alone make decisions. If the crime is significantly minor, it should be given a lighter punishment. After being tried in accordance with the law, the people's court sentenced Li to five months of detention.

3. Case of Obstruction of Official Duties (Probation)

At 8:15 on June 7, 2017, Niu stopped a vehicle with a license plate number of xxxxxx at the gate of xx Road, a district of Shanghai. It happened that the police xx was carrying out traffic control here. When the police punished the vehicle, Niu hindered the police to perform their official duties by holding it by hand and other means, resulting in the injury of the police's right pinkie, which was identified as a minor injury. On July 11, Niu received a telephone call from the public security organ informing him that he had truthfully confessed the main Corpus delicti, And apologize to the victim to obtain understanding. Niu used violent means to obstruct the people's police from carrying out their official duties in accordance with the law, resulting in a minor injury to one person. He is already suspected of committing a crime of obstructing official duties, but Niu does not believe that he is suspected of committing the crime. After accepting the entrustment, after understanding the situation, I explained the relevant laws and regulations to Niu in detail, and suggested that Niu recognize the Criminal defenses of his behavior and accept the punishment. At the same time, considering that Niu had surrendered voluntarily, and had apologized to the victim, I suggested that he be given a lighter punishment and applied probation. After being tried in accordance with the law, the people's court adopted the defense opinion of this lawyer and sentenced Niu to six months of detention with a one-year probation.

4. Drug trafficking case (11 years imprisonment, 2 years Civil death, 30000 yuan fine)

In November 2018, after prior contact, Ying sold 2 bags of methamphetamine to Liu at the entrance of a hotel on a certain road in Shanghai for a price of RMB 18000. In January 2019, after prior contact, Ying sold a bag of methamphetamine to Liu at the above address for RMB 9000. In March 2019, after prior contact, Ying sold 20 grams of methamphetamine to Liu at the above address for RMB 18400. On March 15, 2019, the public security organs seized 3.34 grams of white crystals at Liu's location, which were identified to contain methamphetamine. In my opinion, the evidence of the drug source, drug trading communication and drug delivery process of the alleged drug trafficking crime is insufficient, and the WeChat Chat log is not enough to prove that Liu's transfer is the drug money to buy drugs. The People's Court believes that the testimony of drug buyer Liu proves the fact that he has purchased drugs from Ying multiple times since November 2018, and provides detailed and stable statements on the method, location, amount, and other aspects of each purchase. The testimony of witness Wang, WeChat transfer records, inspection reports, judicial appraisal opinions, and other evidence mutually confirm the fact that Ying sells drugs, and is sentenced to 11 years in prison, Civil death for two years, a fine of 30000 yuan; Seizure of one mobile phone and 3.34 grams of white crystals on record, and confiscation; Continue to pursue illegal gains.

Performance of civil and commercial litigation representatives：

一、Company disputes

1. Dispute over shareholder qualification confirmation

The plaintiff, a certain steel limited company, sued the defendant, a small loan limited company, and a third party, a certain industrial development limited company, for a dispute over shareholder qualification confirmation. This lawyer, on behalf of the plaintiff, filed a lawsuit with a district people's court in Shanghai, requesting the court to legally order that 10% of the defendant's equity registered in the name of the third party belong to the plaintiff. This lawyer believes that although the plaintiff was not recorded in the defendant's articles of association, shareholder register, and business registration materials, based on the statements and evidence submitted by the plaintiff, defendant, and third parties, and in combination with relevant legal provisions, it is sufficient to determine that the plaintiff is the actual owner of 10% of the defendant's equity registered in the name of the third party. After being tried in accordance with the law, the people's court supported the plaintiff's lawsuit and ruled that the 10% equity of the defendant, a small loan limited liability company, held by a third party, a certain industrial development limited company, was owned by the plaintiff, a certain steel limited company. The third party, a certain industrial development limited company, appealed against the first instance judgment. This lawyer continued to represent the appellant, a certain steel limited company, in response to the lawsuit. After the second instance people's court tried the case in accordance with the law, the final judgment rejected the appeal request of the third party, a certain industrial development limited company, and upheld the original judgment.

2. Bankruptcy reorganization

On November 20, 2020, the Intermediate people's court of Shenyang ruled that Brilliance Auto Group Holding Co., Ltd. was bankrupt and reorganized. On March 3, 2021, according to the merger and reorganization application submitted by the manager of Brilliance Holding, the Intermediate people's court of Shenyang ruled that 12 enterprises, including Brilliance Auto Group Holding Co., Ltd. and Liaoning Zhengguo Investment Development Co., Ltd., should be subject to substantive merger and reorganization. This lawyer represents a certain electronic instrument Co., Ltd. in Shanghai to declare creditor's rights and participate in a creditor's video conference.

二、Contract disputes

1. Disputes over sales contracts

In 2013, a Shanghai heavy machinery Co., Ltd. had a sales contract dispute with a Shanghai lift factory. After being entrusted, they represented a Shanghai heavy machinery Co., Ltd. to file a lawsuit with a district people's court in Shanghai, successfully recovering the company's economic losses. The people's court ruled that a Shanghai lift factory would refund the contract payment prepaid by a Shanghai heavy machinery Co., Ltd.

2. Processing contract disputes

The entrusted agent of a plastic product limited company in Shanghai sued a plastic mold processing limited company in Kunshan for a dispute over the processing contract. After going through the procedures of first instance, second instance, retrial, and application for compulsory execution, it ultimately recovered the economic losses of a plastic product limited company in Shanghai.

3. Disputes over Housing Lease Contracts

From early 2015 to the end of 2020, the case of representing a Shanghai catering management company to sue a Shanghai investment management company for a dispute over a housing lease contract has gone through procedures such as first instance, second instance, retrial, second instance after retrial, retrial, and application for compulsory execution. It has recovered more than 2 million yuan in economic losses for a Shanghai catering management company.

三、Infringement disputes

1. Disputes over compensation for property damage

In October 2016, due to a certain international logistics (Shanghai) Co., Ltd.'s refusal to withdraw due to encroachment on the factory area and factory premises, a entrusted agent of a certain industrial company in Shanghai filed a property damage compensation lawsuit with a district people's court in Shanghai. The case went through procedures such as first instance, second instance, retrial, second instance after retrial, and application for compulsory execution, and a certain industrial company in Shanghai received more than seven million yuan in damages.

2. Exclude nuisance disputes

There was a construction contract relationship between a certain industrial limited company in Shanghai and a certain construction engineering limited company in Nantong, which was later terminated. However, a certain construction engineering limited company in Nantong illegally occupied the site of a certain industrial limited company in Shanghai for stacking construction materials, with an area of over 4000 square meters, since February 2007. A certain industrial limited company in Shanghai sent a letter on December 7, 2015 requesting a certain construction engineering limited company in Nantong to withdraw from the involved site, However, a certain construction engineering limited company in Nantong refused to withdraw for various reasons. In October 2016, this lawyer represented a certain industrial limited company in Shanghai to file a lawsuit to eliminate obstruction in a district people's court in Shanghai, demanding that a certain construction engineering limited company in Nantong stop infringement, eliminate obstruction, return the illegally occupied factory area, and bear liability for damages. The case went through procedures such as first and second instance, and ultimately cleared the obstruction for a certain industrial limited company in Shanghai, receiving compensation of over one million yuan.

四、Intellectual property disputes

1. Anti Unfair competition

In 2014, a Guangdong express logistics company was sued by a Shanghai express company to a people's court in Guangzhou on the grounds of Unfair competition, demanding a Guangdong express logistics company to compensate a loss of 30 million yuan. Entrusted by a Guangdong express logistics company to respond to the lawsuit, my lawyer believes that the relevant evidence is sufficient to prove that a Guangdong express logistics company has legal business qualifications. The design, sample, pattern, etc. of the express front sheet are all owned by our company. The trademark marks used on the express front sheet are owned by our company, and there is no false publicity, counterfeit trademarks, and other Unfair competition. Due to insufficient evidence in the lawsuit, a Shanghai express delivery company was forced to withdraw the lawsuit, and a Guangdong express logistics company avoided huge liability for compensation.

五、Other

1. Disputes over property rights confirmation

Yu was originally the owner of a real estate development company in Changchun City, Jilin Province. He registered 24 houses in a certain development under the names of his cousin Ding and Sun. However, due to other issues, he was imprisoned and the real estate company went bankrupt. During his sentence, due to a debt dispute with Sun that could not be resolved through negotiation, Sun took possession of the house registered in his own name by Yu. For this reason, Yu entrusted this lawyer to file a property rights confirmation lawsuit. After carefully collecting contracts, documents, and other materials, and providing sufficient evidence and cross examination, a people's court in Changchun City ruled in accordance with the law, confirming Yu's ownership of the eight houses involved in the case.

2. Joint disputes

Wang Jia and Wang Yi are siblings, and their parents have a house in a certain district of Shanghai. Wang Jia went to the countryside to Jiangxi in his early years, and Wang Yi lived with his parents. After his parents passed away, Wang Jia and his family lived in the house after returning to the city, while Wang Yi lived alone without marriage. After the demolition of the house, Wang Jia and Wang Yi reached an oral agreement, with Wang Jia as the demolition and resettlement person. The demolished and resettlement house belonged to Wang Jia, and Wang Jia gave Wang Yi a compensation of one million yuan. After reaching the agreement, Wang Jia paid one million yuan to Wang Yi. A year later, Wang Yi withdrew and believed that he had been deceived by Wang Jia. He demanded either an additional compensation of 700000 yuan or that she enjoyed half of the property rights of the demolition and resettlement house, and filed a lawsuit for this. Entrusted by Wang Jia to act as an agent in response to the lawsuit, this lawyer believes that Wang Jia and Wang Yi have a joint dispute, and both parties have reached an agreement on the division of shared property. This agreement is the true intention of both parties, and there is no coercion. According to the demolition compensation and resettlement agreement, the division of benefits for demolition compensation and resettlement between Wang Jia and Wang Yi is fair. In addition to paying Wang Yi a compensation of one million yuan, Wang Jia aims to ultimately obtain the property rights of the resettlement house, It is legitimate and reasonable for Wang Jia to obtain the ownership of the demolition and resettlement house after paying another 350000 yuan for other expenses. After being tried in accordance with the law, the people's court ruled against all of Wang Yi's litigation claims.

3. Objection to execution applied by an outsider

In the case of a guarantee contract dispute between the applicant, Shanghai Steel Market Co., Ltd., and the defendant, He, this lawyer represented outsiders Dong and Cheng to raise objections to the execution of the property located on a certain road in Shanghai. This lawyer believes that before the People's Court took lockdown measures on the aforementioned house, the house had already been purchased and fully paid for by non parties Dong and Cheng, and had actually been occupied. The non parties were not at fault, and the executed person He also appeared in court for recognition. The applicant for enforcement believes that there is a possibility of malicious collusion between the non parties and the executed person to intentionally evade debt, but there is no evidence to prove it. After organizing a hearing in accordance with the law, the people's court has ruled that the execution objection raised by Dong and Cheng, who are not involved in the case, is valid, lifted the lockdown of the aforementioned house, and suspended the execution of the aforementioned house.

In addition to the aforementioned representative achievements, this lawyer has also handled a large number of litigation cases in the fields of virtual currency, fake cultural relic auctions, private lending, financing guarantees, steel trade financing, financial lending, P2P, divorce litigation, counterfeiting and sales, illegal business operations, labor arbitration, and company liquidation liability disputes, or has been hired as a perennial or special legal advisor, accumulating rich legal experience.