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No. 7 of Twenty-Five Model Cases Published by the Supreme People's Court at the Twenty-Fifth Anniversary of the Implementation of the State Compensation Law: Case of Application for State Compensation Filed by Liu Jiaohong for Return of Recovered Property by the Public Security Bureau of Haikou City, Hainan Province
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最高人民法院发布25起国家赔偿法颁布实施二十五周年典型案例之七：刘姣鸿申请海南省海口市公安局返还追缴财产国家赔偿案
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【法宝引证码】
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| No. 7 of Twenty-Five Model Cases Published by the Supreme People's Court at the Twenty-Fifth Anniversary of the Implementation of the State Compensation Law: Case of Application for State Compensation Filed by Liu Jiaohong for Return of Recovered Property by the Public Security Bureau of Haikou City, Hainan Province | | 最高人民法院发布25起国家赔偿法颁布实施二十五周年典型案例之七：刘姣鸿申请海南省海口市公安局返还追缴财产国家赔偿案 |
| [Grounds for Selection] | | 【入选理由】 |
| Where a staff member of the public security organ abuses the investigation authority by taking advantage of his post, interferes in economic disputes, infringes on the lawful rights and interests of others, and causes losses, and the acts of the staff member are duty-related acts, the public security organ should assume the liability of state compensation. | | 公安机关工作人员利用职务之便，滥用侦查职权，插手经济纠纷，侵犯他人合法权益并造成损失，属于职务行为的，公安机关应承担国家赔偿责任。 |
| [Basic Facts] | | 【基本案情】 |
| Liu Jiaohong was previously an accountant of Hainan Yonglian Pharmaceutical Co., Ltd. (hereinafter referred to as “Yonglian Company”) and Mo Qiang (part of name withheld) was legal representative of the Company. In July 1998, Mo Qiang transferred Yonglian Company to Wei and they were suspected of committing a contract fraud. On July 20, the Public Security Bureau of Haikou City filed a case for investigation of the two persons and Zhao, vice-captain of the Third Brigade of the Economic Investigation Detachment of the Public Security Bureau of Haikou City, was the person handling the case. In March 2000, entrusted by Mo Qiang and introduced by Zhou Ge (part of name withheld), Liu Jiaohong transferred Yonglian Company to Jin Yi (part of name withheld) at the price of CNY295,000. Jin Yi then entrusted Zhou Ge with transferring the Company to others. Afterwards, Zhou Ge claimed that Liu Jiaohong should refund the transfer fee on the ground that Liu Jiaohong's illegal transfer of the Company caused failure to operate the Company, but Liu Jiaohong did not agree. On January 3, 2001, Zhou Ge and Liu Jiaohong came into conflict due to refund and they called the police. On the same night, Zhao, the police officer on duty, went to the scene by leading other police officers and on the ground of case-handling, required that Zhou Ge and Liu Jiaohong should accept investigation in the Public Security Bureau of Haikou City. After returning to the public security organ, Zhao told Liu Jiaohong that Mo Qiang was a fraudster at large, Liu Jiaohong also committed fraud since he assisted Mo Qiang in transferring the Company, he would not be allowed to go home on that night if he refused to refund the money. Seeing this, Liu Jiaohong consented to refund CNY200,000 and then he delivered this sum of money to Zhou Ge in the office of Zhao in two times. The People's Court of Longhua District, Haikou City, Hainan Province entered a criminal judgment and determined that Zhao was guilty of abuse power. Liu Jiaohong then filed an application for state compensation. | | 刘姣鸿原系海南永联药业公司（以下简称永联公司）会计，莫某强系该公司的法定代表人。1998年7月，因莫某强将永联公司转手给韦某涉嫌合同诈骗，同月20日海口市公安局对其二人立案侦查，案件承办人为原海口市公安局经侦支队三大队副大队长赵某某。2000年3月，刘姣鸿受莫某强委托，经周某革介绍，以29.5万元将永联公司转让给金某谊。金某谊又委托周某革将该公司转让给他人。之后，周某革以刘姣鸿非法转让公司使其无法经营为由要求退还转让费，刘姣鸿不同意。2001年1月3日，周某革与刘姣鸿因退款一事发生争执后报警，当晚值班民警赵某某带着干警出警，以办案为由要求周某革、刘姣鸿等人到海口市公安局接受调查。回到公安局后，赵某某对刘姣鸿一方说，莫某强是在逃诈骗犯，刘姣鸿帮其卖公司也属诈骗，刘姣鸿如果不答应退钱，当晚就回不去。刘姣鸿见状表示同意退还20万元，随后分两次在赵某某办公室将20万元交给周某革。后海南省海口市龙华区人民法院作出刑事判决，认定赵某某犯滥用职权罪。刘姣鸿随后提出国家赔偿申请。 |
| ．．．．．． | | ．．．．．． |
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