Yan'an Police: Explanation on Jiang Moumei's Release of False Reporting Video Report | Video | Police
Explanation on Jiang Moumei's Release of False Reporting Videos
Since July 2022, Jiang Moumei, a resident of Baota District, has repeatedly posted real name reporting videos online, claiming that "Zhang Mouying from Fuxian County, Yan'an, defrauded him of more than 1 million yuan through false engineering, and public officials from public security organs and procuratorates acted as protective umbrellas, sheltering suspects, and suppressing cases without investigation.".
After investigation, it was found that Jiang and Zhang had a romantic relationship. In November 2011, Jiang met Zhang, a developer in Fuxian County, Yan'an City, through Zhang's introduction. Later, Jiang lent a total of 1.52 million yuan in principal to Zhang several times at a monthly interest rate of three parts. The first 200000 yuan loan was guaranteed by Zhang, while the rest was unsecured. After Zhang Mouying borrowed money from Jiang Moumei, she did not pay any interest. The two settled on an annual basis in the form of rolling interest. As of January 18, 2018, Zhang Mouying owed Jiang Moumei a total of 6.85 million yuan in principal and interest. On the same day, Zhang Mouying issued a loan note for 6.85 million yuan to Jiang Moumei, with a monthly interest of three cents. As of now, the payment obligation of the loan note has not been actually fulfilled.
According to Article 3, Article 13, and Article 266 of the Criminal Law of the People's Republic of China, all the reasons for Zhang Mouying's borrowing and lending have been verified to be true. He used the loan to repay personal debts and normal production and operation, but later failed to repay the principal and interest due to poor management. Therefore, this case does not meet the constitutive requirements of the crime of fraud. On August 25, 2020, in accordance with Article 112 of the Criminal Procedure Law of the People's Republic of China, a notice of refusal to file a case was issued to Jiang Moumei in accordance with the law: Baogong Buli Zi [2020] No. 20.
On September 23, 2020, Jiang Moumei submitted a reconsideration application and, after being reviewed by the legal department, upheld the decision not to file the case. In April 2021, during the education and rectification period of the national political and legal departments, after cross evaluation by higher-level departments, it was found that the application of the law for not filing this case was accurate. On October 27, 2020, Jiang Moumei applied to the People's Procuratorate of Baota District, Yan'an City for supervision of filing a case. Due to the fact that this case does not meet the constituent elements of the crime of fraud, after careful examination by the People's Procuratorate of Baota District, she believed that the law should not be applied to this case and accurately informed Jiang Moumei that she agreed to the decision of not filing a case issued by the Baota Public Security Bureau. According to the relevant provisions of the Civil Code of the People's Republic of China and the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Lending Cases, Jiang Moumei and Zhang Mouying belong to the financing behavior between natural persons, which is a civil lending relationship. The civil lending dispute arising from the borrower Zhang Mouying's failure to fulfill their obligations as promised should be adjusted by civil law. Jiang Moumei should file a civil lawsuit with the people's court in accordance with the relevant provisions of the Civil Procedure Law of the People's Republic of China.
In view of Jiang Moumei's behavior of publishing false report videos on the Tiktok platform for many times, the public security organ has patiently explained the law and reason to him for many times, telling him that according to the provisions of Article 2 of the "Seven Provisions of the Public Security Organ on Prohibiting Profit seeking Law Enforcement", "the public security organ is prohibited from intervening in economic disputes and civil disputes by criminal means". However, Jiang Moumei refused to listen to the advice for personal purposes and still insisted on publishing report videos on the Tiktok platform that are seriously inconsistent with the real situation.
Police reminder: The internet is not an illegal place, and citizens should report according to regulations and truthfully. Spreading rumors and spreading rumors requires legal responsibility.
Baota Branch of Yan'an Public Security Bureau
Criminal Police Brigade
June 6, 2023