Fourteen years ago, he was a powerful boss, CPPCC member, NPC representative and the best private entrepreneur in Fenghuang County. Now, he is an embarrassed poor man who has experienced difficulties in safeguarding rights and debt.
All this is related to a red-headed document in the state (hereinafter referred to as Article 3). Because of this red-headed document, his hundreds of millions of project funds have not been settled, and about 15 million yuan of traffic jamming fees disappeared legally until he spent ten years defending his rights before he got a successful judgment from the court.
Over the years, Tian Maoping has been pursuing the red-headed document which caused nearly ten years of disputes. On October 29, 2018, Tian Maoping applied to the Xiangxi Housing and Construction Bureau for information disclosure. He wanted to see the true appearance of the mysterious red-headed document. However, to his surprise, on November 26, the Bureau of Housing and Construction wrote back that the document could not be found seven years ago.
On December 13, Tian Maoping stood on National Highway 209. This Chengbei Avenue in Fenghuang County had his expansion straightening, because a document reversed his fate.
The first audit was cut in half when the project cost was 100 million yuan.
National Highway 209 is the only way for Xiangxi to enter the ancient city of Phoenix. In the urban area of Fenghuang County, it is also known as North City Avenue. On December 13, 2018, standing on the road he had built with full funding, Tian Maoping had mixed feelings. In that year, they extended and straightened the narrow national highway, which was originally clamped by the mountain body. The two sides of the road were widened by 50 meters and straightened by 2 kilometers. Now, the road is full of traffic and has not been renovated since it was completed in 2008.
Building roads in mountainous areas is different from that elsewhere, so we need to blow up mountains. When I built this road, I blew a lot of sweat and blood. At that time, there was only one idea to make a reputation for this project. Tian Maoping told Peng Mei News that he had no idea that there would be a seven-year settlement dispute in this public business.
According to the civil judgment of Hunan Higher Court, in July 2004, Tian Maohuas company as project manager (Party B) signed a contract with the Fenghuang County Construction Bureau (Party A, later renamed the Housing Bureau), which contracted the construction project of North Avenue in Fenghuang County to Party B. The contract stipulates that Party B shall settle the total investment according to the actual amount of work. Subsequently, Tian Maohua invested 7.12 million yuan in demolition and resettlement. From August to October 2006, the Fenghuang County Construction Bureau paid back 3.78 million yuan one after another, and the remaining 3.34 million yuan had an unknown repayment period. In June 2008, the Chengbei Avenue construction project passed the acceptance test. In August of the same year, the project was examined by the Fenghuang County Construction Bureau, and the total cost was confirmed to be 118 million yuan. Both sides signed and sealed the project for approval.
However, Tian Maoping did not receive the project funds as required. Because according to the regulations, the final accounts of government projects must be subject to audit supervision, although Chengbei Avenue has not been tendered in accordance with the bidding law. As for the reasons for not bidding, Fan Chaoyong, deputy director of Fenghuang County Construction Bureau, answered in the court of Hunan High Court later: The government has no money to do this thing (Xiucheng North Avenue). Tian Maoping has this strength initially. He has the relevant funds and equipment, and other people do not have this strength to take over.
The only way for Jishou to enter the ancient city of Phoenix is Chengbei Avenue. On both sides of the road, which was cut by Tian Maopings rocks, houses have now been built. The pictures in this article were taken by Tan Jun, a journalist from Peng Mei.
Chengbei Avenue was the biggest project in Fenghuang County at that time, and Tian Maoping was the best private entrepreneur in Fenghuang County at that time. He had done many projects in the field before, and the large-scale equipment and technical team were very good, Ma Shougui, former vice-commander of the construction headquarters of Chengbei Avenue and former president of Fenghuang County Court, told Pengbao News. Later, the whole project lasted for four years, and it went smoothly. There were many blasting operations, no casualties and no quality problems in the road.
At that time, audit was the only way for Tian Maoping to get the project funds. However, he soon fell into an audit saw-saw war.
According to the judgment of Hunan High Court, Fenghuang County Audit Bureau has audited Chengbei Avenue for more than three years since then. The auditing time is from November 3, 2008 to December 20, 2011, and the auditing decision was made on January 17, 2012. The total cost of Chengbei Avenue project is over 92.23 million yuan, and the cost of construction unit is 26.34 million yuan.
According to the Regulations on Audit Management of Government Investment Projects, Audit reports shall be issued within three months from the date of implementation of the audit. If it is really necessary to extend the audit period under special circumstances, it shall be reported to the organ under the audit plan for approval. Why has this advance project been audited for more than three years?
Pengbao News from a Phoenix County Government Phoenix County on the implementation of Chongqing Tianzi Industrial Group Co., Ltd. letter interview report (submitted for review on November 30, 2011), the material said, In the past three years, the audit team has issued six project cost solicitation proposals, in July 2011, after the sixth audit, the total cost was determined to be 88.36 million yuan, due to audit units, construction. The three parties of the unit and the construction unit have not reached a consensus, and the audit results are still uncertain.
92.23 million audits are the seventh, six previous audits. Tian Maoping told Peng Mei News that Chengbei Avenue not only audited for a long time, but also audited seven times rarely. Tian Maoping refused to accept the 50% reduction in the cost of the first audit on the basis of the original cost. Six times later, almost every audit increased a little. Although the final seventh audit reduced the cost by only 20%, he still could not accept it because the traffic jamming fee was not included. I am the project with full advance funds, deduct interest money, and the rest are brothershard-earned money. Traffic interference fees should have been given. Why not?
The so-called traffic interference fee, according to the later judgment of Hunan Higher Court, according to the contract agreement and relevant provisions, when the project is disturbed by traffic, the traffic interference fee can be calculated according to a certain coefficient.
The evidence affirmed by the court proves that in order to ensure the smooth traffic of the national highway, the construction of the project is indeed disturbed by traffic. For example, in order to meet the Leadersvisit to Phoenix, all works on Chengbei Avenue were shut down and rested, and Chengbei Avenue, as the only way for Jishou to reach the ancient city of Phoenix, was shut down in seven golden weeks from 2004 to 2007 in order to coordinate with the development of tourism economy. According to the statistics of Fenghuang County Highway Bureau, the day and night traffic density of 209 National Highway construction section is more than 3000 vehicles, and the adjustable coefficient is 0.2. Chengbei Avenue can calculate 15 million yuan for traffic jamming.
However, in this audit for more than three years, a mysterious red-headed document, but let 15 million yuan of traffic interference fees legal disappearance.
On December 13, Ma Shougui took out the original final statement of construction and installation works of Chengbei Avenue, which stated that its total cost was 118 million yuan, which was only 4 million yuan short of the final determination of the court.
Seven Audits and the Publication of Mysterious Documents
Tian Maoping said that the original anomaly came from January 2009. At that time, Duan Feiguo, a member of the audit team, contacted the construction team privately, and provided an audit conclusion that the original cost was reduced by 52.8 million yuan and almost 50% of the amount was checked.
Peng Mei News from an audit notice issued by the Fenghuang County Audit Bureau on October 28, 2008 to the Fenghuang County North Construction Command and Fenghuang County Construction Bureau shows that there are six members of the audit team, the group leader is Anguoping, Duan Feiguo ranks second among the members of the audit team. Because the county audit bureau is short of manpower and cant audit such a large project, Duan Feiguo Feida Engineering Cost Consulting Company was invited to audit. Only the group leader and the integrity supervisor in the audit team are from the county audit bureau. Ma Shouguis introduction. Industry and commerce information shows that Hunan Feida Engineering Cost Consulting Company was established in 2002, with registered capital of 1 million. Duan Feiguo, the current legal representative, is the largest shareholder, and Duan Jianglin, the largest shareholder of the company before.
Duan Feiguo said that he could provideone-stop serviceand give him two or three million help fees, so he could issue high audit conclusions. Tian Maoping said that they refused on the spot. Duan Feiguo was very angry. He said that his legal representative of Feida Cost Company was his sister and his brother-in-law Zou Chunke, the head of the cost management station of Xiangxi Construction Bureau, was his brother-in-law. Let me wait and see.
In a handwritten material and in an interview with the surging news, Ma Shougui said, On January 3, 2009, the audit institutions issued the first audit opinion. Without communicating with Party A, they unauthorized to meet Party B in private and irresponsibly reduced the cost of the project by more than 520 million yuan. Later, I learned from both sides that Party B claimed that the auditor had asked them for benefits and fees, and that Party B had tried to bribe. In short, this is the result of private meetings between the two sides, obviously affecting the normal conduct of audit work.
On December 13, 2018, in the face of surging news interviews, Zou Chunke, former head of the cost management station of Xiangxi Construction Bureau and now head of the real estate supervision section of the State Construction Bureau, admitted that Duan Feiguo and Duan Jianglin were indeed his uncle and wife, and that his wife had been working for Feida Company, but I never interfered in the operation of their company.
On December 13, Duan Feiguo told Pengfeng News that he had met Tian Maoping privately. Its such a thing. But he said, I didnt know it was them (Tian Maoping) when I went, sat down with tea, felt embarrassed, and left immediately. Regarding whether Zou Chunke was his brother-in-law, Duan Feiguo said, No, it has nothing to do with him (Zou Chunke).
Tian Maoping said that after the unpleasant meeting with Duan Feiguo, one day at the end of May 2009, Duan Feiguo suddenly produced a red-headed document entitled State Construction Price  No. 3 (hereinafter referred to as No. 3) in another cost dispute with the audit unit.
The document was issued to the Investment Audit Center of the Xiangxi Government on May 25, 2009 by the Xiangxi Construction Project Cost Management Station, which was chaired by Zou Chunke. Your units request on how to calculate the traffic jamming fee for the earthwork works on North Avenue of Fenghuang County Town has been received. After consulting the provincial cost management terminal for research and approval, the reply is as follows: No. 18 of Hunan Construction Price  stipulates that `projects settled in accordance with the actual contract provisions, except earthwork projects, excluding traffic disturbance feesuuuuuuu The earthwork referred to in the document includes stone works, i.e. no traffic interference fee is charged for earthwork and stone works. Documents are also deliberately marked: Respondent: Xianping Auditor: Zou Chunke.
Tian Maoping said that when he saw the document, he seemed to see the abyss of ten thousand feet. This document interprets earthwork as earthwork, and calls stonework does not taketraffic interference fees, while 97% of his works are stonework projects, and the cost of traffic interference fees amounts to 15 million yuan. If not calculated, his fully funded projects are realloss-making projects.
A small piece of paper, but I was miserable. Tian Maoping said. Born in 1954, Tujia was a straight-minded man. He served as a member of the Political Consultative Conference of Fenghuang County for three years, and later as a representative of the Xiangxi Peoples Congress. He totally disagreed with the document. Everyone who works in architecture knows that earthwork and stonework are two different things in engineering cost. As long as the excavator is present, the earthwork can be transported by car. Stonework not only needs mechanical drilling and blasting, but also is difficult to transport. The cost of stone construction is much higher. How can it be confused?
Copy of State Construction Price No. 3 .
He made it all. I just signed it.
Tian Maoping first doubted the authenticity of the documents. Duan Feiguo has never seen the original document since he showed it to him once. He believes that the promulgation of Article 3 is not legal, so that the other party dare not come out again.
On December 13, Zou Chunke told Peng Ling News that the publication of Article 3 came from the Advisory advice of Liu Xuejun, the investment audit center of the state government, and they only answered it.
Subsequently, downstairs in Zou Chunkes office, the Xiangxi Construction Bureau Construction Project Cost Management Station, Peng Mei News found the Answer: Xianping in article 3. Outside the office on the second floor, there is a sign Xiangxianping for the staff. Xiangxianping said that Xiangxianping was her former name, and the word on Article 3 was indeed signed by her. However, (No. 3) is not my answer. The whole document was drafted by Chairman Zou. He made it. That day he was anxious to take Phoenix and ask me to sign it. He (Zou Chunke) is a leader and needs an agent, so he came to me. Xian Xianping also said that the inspecting room of the State Discipline Commission also came to check later, and I have to sign a few copies (documents), the rest of which I have not signed.
Has the State Government Investment Audit Center ever issued an application letter on how to calculate the traffic interference fee for earthwork projects? I dont know, he said. I havent seen or heard of it. Xian Xianping said.
Peng Mei News noted that the industrial and commercial registration shows that Xian Xianping is a supervisor of Hunan Feida Cost Consulting Company. In this regard, Xianping said, Their company needs a certain number of cost engineers, so take my cost engineer certificate and hang it there. Just hanging there, I didnt take a penny, and I had no shares. We also have a deputy director who hangs there to be their deputy general manager.
On the same day, Peng Mei News came to Xiangxi Audit Bureau. At the State Government Investment Audit Center on the 5th floor, the personnel staff dialed the retired Liu Xuejuns telephone. On the phone, talking about No. 3, Liu Xuejun said, These are all done by him (Zou Chunke). I just stamped a chapter. When did the Audit Center encounter the problem of earthwork billing, Liu Xuejun said, At first, there was no such problem, but later, it was unable to talk about it, before sending this article.
Then, the promulgation of Article 3 will have a significant negative impact on Tian Maopings loss of 15 million yuan. What about Zou Chunke, the document auditor?
Faced with the interview with the surging news, Zou Chunke said, People (audit center) asked us, we can not but answer, after all, involving more than 10 million state funds, I also asked the provincial. Of course, his real losses do exist. Ordinarily, he (Tian Maoping) should come to me voluntarily after he gets the document, explain the situation, make a report or something, and I will take him to save money. But instead of coming to me, he went to report.
Zou Chunke also introduced that besides being used in the audit of Chengbei Avenue project, Article 3 has not been used since then. There are not so many earthwork projects in the state that need pushing mountains.
He did this document, obviously tailored to my project. I can still believe him and go to him to make my decision? Tian Maoping told Peng Mei News, My project from project establishment to planning and design, land acquisition and demolition to construction and construction, all of my personal full investment, the government did not give a penny, every penny is my hard-earned money, where do I have money to bribe them, I can not find it myself?
In this way, Tian Maoping began his letters and visits with the materials of Punishing Wen No. 3, to the provincial cities, to Beijing, to find thegrandpaandfatherof Wen No. 3. In Tian Maopings statement, Grandpa refers to the Hunan Provincial Housing and Construction Department, and Father refers to the Hunan Provincial Construction Project Cost Management Station.
Huang Jie, president of Hunan Provincial Procedural Law Research Association and professor of Hunan Normal University Law School, told Peng Mei News that article 3 is only an internal consultation and reply between government functional agencies, which belongs to the administrative work of the government, is not a normative document, nor is it a specific external administrative act, does not exist an administrative counterpart, and does not belong to the scope of the current administrative litigation. That is to say, Tian Maoping can not bring administrative litigation or administrative reconsideration against this document. However, since it is a functional act, of course, it can be supervised. First of all, the higher authorities can supervise, and secondly, the supervisory authorities can supervise and apply for the initiation of relevant units to investigate whether there are illegal or criminal activities.
Its mainly the local governments problem. Who will work for you at a loss?
After many twists and turns, what makes Tian Maoping unbelievable is that on July 2, 2010, he waited for the enhanced version of No. 3, No. 15 of Hunan Construction Price Letter (hereinafter referred to as No. 15).
This document is specially sent to Tianzi Company where Tian Maoping is located by Hunan Construction Project Cost Management Station, and copied to Hunan Letter and Visit Bureau and Tian Maoping. Document said: earthwork includes stone works, earthwork does not include traffic interference fees; the interpretation of traffic interference fees in State Construction Price  3 is consistent with the provisions of No. 18 of Hunan Construction Price  (hereinafter referred to as No. 18).
To this question, the provincial construction cost management station responded to the surging news, saying that they were made in accordance with the requirements of the provincial petition Bureau and the provincial housing and Construction Department of No. 15, just reiterate the spirit of interpretation of No. 18, there is no recognition (No. 3). The director of Chens surname in the office of the station also introduced that when this No. 15 document is issued, there may indeed be some imprecise places. For example, in this letter, at a glance, there are two mistakes. The wordshallin the residence and construction hall andgovernancein the autonomous prefecture have all been omitted from writing.
But for Tian Maoping, When I got the documents, the whole people were cold.
Is the interpretation of Article 3 legitimate and reasonable?
Pengmei News consulted No. 18 and found that except for earthwork projects, the calculation of traffic interference fees for municipal works is still carried out according to the valuation table of 95 municipal engineering units in Hunan Province and relevant explanations for the projects settled according to the actual conditions stipulated in the contract. 95 Municipal Engineering Unit Valuation Table stipulates that a project which cannot be closed but must be open to traffic must be maintained. Some manual and mechanical shifts affected by traffic shall be adjusted by the following coefficients according to the traffic density of motor vehicles.
Xie Xiaocheng, head of Hunan Construction Cost Management Station, introduced that according to the spirit of the above documents, the calculation of traffic interference fees depends on whether the project is closed or not. If the construction is not closed, it will inevitably cause the construction party to increase the manual and equipment facilities in order to ensure the opening of traffic, and reduce the equivalent efficiency of mechanical and manual idleness due to the shutdown, thus causing real losses. Therefore, the construction party should calculate the traffic interference fee in the total cost of the project. If the closed construction, there is no such situation, naturally there is no charge. Earthwork, in the construction industry, because there is no closed construction situation, so do not take the cost of traffic interference. If the construction of stone works can not be closed, the traffic interference fee can be calculated.
Then, when Tian Maoping was constructing, could the stone work not be closed?
The judgment of Hunan Higher Court shows that both the plaintiff and the defendant agree that Chengbei Avenue was not closed during the construction process. Zou Chunke also admitted that when Chengbei Avenue was constructed, in order to ensure the smooth flow of the original national road, it was actually not completely closed, and the project needed to be opened, and the mountains on both sides had to be pushed half, which would certainly interfere with traffic.
In article 3, earthwork is interpreted as earthwork. Is that right?
In the field of construction engineering, it is customary to abbreviate earthwork as earthwork, so earthwork includes earthwork. Xie Xiaocheng said.
Then, after the publication of Article 3, the stone project was classified as earthwork project, so that the stone which should be charged for traffic interference fee could not be charged for the cost. Is that right?
When we call for a report in the state, we respond to the literal meaning ofearthworkin the document itself. We may not know the specific project situation... This is mainly a matter of local government. What should be given to others is to others. Who will work for you at a loss? Xie Xiaocheng said.
Xiangxi Prefecture Housing and Construction Bureau replies: Article 3 has long been unable to find.
Four years later, the lawsuit was won, but Article 3 disappeared.
On January 17, 2012, after the failure of Tian Maopings letter and visit, the Phoenix County Audit Bureau made the seventh audit of Chengbei Avenue project, with a total cost of 92.23 million yuan, without calculating the stonework traffic interference fee according to Article 3.
On March 16, the same year, Tian Maopings company applied to the Xiangxi Audit Bureau for administrative reconsideration and proposed that the audit decision infringed his legitimate rights and interests.
However, five days later, Tian Maoping received the inadmissible application for audit reconsideration. Xiangxi State Audit Bureau believes that the audited units are the Construction Bureau of Fenghuang County and the construction headquarters of North Avenue in Fenghuang County. Tian Maopings company is not an audited unit and can not initiate administrative reconsideration.
I really dont know what to do. I cant do anything about such a document, which clearly has some problems and actually affects my rights. Tian Maoping said that it was the darkest time for him to feel that he was facing injustice and the pressure of capital turnover. For this reason, he sold construction equipment and turned from a business owner to a poor man with heavy debts. As the head of the construction headquarters of Chengbei Avenue at that time, Ma Shougui also expressed sympathy, For others, jumped early.
However, fate has opened another window for Tian Maoping. Tian Maopings company filed a contract dispute, and then the Fenghuang County Housing and Construction Bureau was sued in court.
On May 7, 2012, the Xiangxi Intermediate Court filed a case for acceptance and handed down a judgment on July 11 of that year. Peng Mei News noted that according to the judicial interpretation of the Supreme Law, the court held that the audit results of the audit institutions on the investment projects of the construction units were not binding on the final cost accounts of the construction units. It concluded that the cost of Chengbei Avenue was 118 million yuan previously approved, rather than 92.23 million yuan after the reduction by the Audit Bureau. It decided that the Housing and Construction Bureau should pay Tian Mao 26.34 million yuan in arrears and interest. Ping company. However, the Housing and Construction Bureau appealed against the traffic jamming fee is charged, and Tian Maoping appealed for other reasons. The ruling of the second instance of Hunan Higher Court shall be sent back for retrial.
During the retrial in October 2014, the county housing and Construction Bureau submitted Article 3 as an important evidence to prove that the traffic interference fee is not included in the project. However, the Bureau of Housing and Construction provided only a copy, not the original of No. 3, which was not accepted by the Western Hunan Intermediate Court.
However, the issue of traffic jamming fees remains the focus of court trials.
The appraisal body entrusted by the court considered that the cost of the project was 99.01 million yuan and the cost of traffic interference was 14.95 million yuan. At the same time, on September 10, 2014, Hunan Provincial Engineering Cost Management Station changed its position of earthwork and earthwork in Documents No. 3 and No. 15. In Tian Maoping Companys report materials on the actual existence of traffic interference, it stamped the reply: If the actual situation can not be closed and other special circumstances, in line with the principle of seeking truth from facts, traffic interference can be calculated separately. Fei.
The Xiangxi Intermediate Court accepted the evidence and determined that the cost of traffic jamming should be calculated, and that the total cost of Chengbei Avenue project was 114 million yuan. This is only 4 million yuan short of the 118 million final accounts approved by the Chengbei Avenue Project Command. The retrial also decided that the Fenghuang County Housing and Construction Bureau should pay more than 20 million arrears and the corresponding interest since the completion of the project.
The Fenghuang County Housing and Construction Bureau appealed against Article 3 again. On September 22, 2015, the Hunan Higher Court made a final judgment, upholding the judgment of the Western Hunan Intermediate Court and demanding that the Fenghuang County Housing and Construction Bureau pay part of the interest.
To this judgment, Duan Feiguo said, I dont agree with the courts judgment. There is no need for anything in the administrative organ (No. 3).
Tian Maoping said that he finally waited for justice, but because of the reasons of execution, for more than three years, he still did not have more than 20 million yuan that he deserved to win the lawsuit. Now, Tian Maoping has been heavily indebted for ten years because of the advance money he borrowed at high interest rates. Because I cant get the money, I lost the opportunity to invest in other projects. My son and nephew were detained for several months because they couldnt pay their debts. Tian Maoping said, Im over 60 years old. The case has been dragged on until now. Im really sorry for my boss who lent me money and my farmer brother who helped me work. Now, its not enough to pay interest.
The government also has to pay me the arrears of the traffic jamming fee and so on. After so many years of delay, it needs to pay me nearly 15 million yuan more interest. Who should pay for the money? Tian Maoping said that someone should be responsible for this.
Tian Maoping said that for many years, he had been pursuing the document No. 3, which made his life dark, and he wanted to find a truth. On October 29, 2018, Tian Maoping applied to the Xiangxi Housing Bureau for information disclosure, requesting that the State Construction Price Document No. 3 be made public.
However, again to his surprise, on November 26, the Xiangxi Housing and Construction Bureau replied, This document will not be found when the State Discipline Commission inspects it in 2011. I hereby inform you. On December 13, in an interview with the Bureau of Housing and Construction of Xiangxi Prefecture, Zou Chunke said, I have been away for several years, and the original document of No. 3 is at the cost station. Xianping said, Those materials were all taken away by station master Zou when he left. Tian Maoping said that his missing response to the Housing Bureau was unacceptable and that he had submitted the prosecution materials to the local court. He also carries with him a stack of printed materials, all of which are documents and media reports on the protection of private entrepreneursrights and interests by the central government in recent months. He was still hopeful and believed in justice. Source: Zhao Yaping_NN9005, Responsible Editor of Peng Mei News
However, again to his surprise, on November 26, the Xiangxi Housing and Construction Bureau replied, This document will not be found when the State Discipline Commission inspects it in 2011. I hereby inform you.
On December 13, in an interview with the Bureau of Housing and Construction of Xiangxi Prefecture, Zou Chunke said, I have been away for several years, and the original document of No. 3 is at the cost station. Xianping said, Those materials were all taken away by station master Zou when he left.
Tian Maoping said that his missing response to the Housing Bureau was unacceptable and that he had submitted the prosecution materials to the local court. He also carries with him a stack of printed materials, all of which are documents and media reports on the protection of private entrepreneursrights and interests by the central government in recent months.