The China Electronic Commerce Association was revoked by the Ministry of Civil Affairs, making Zhang Huisheng, the 71-year-old head of the association, the target of public criticism. Recently, he found the online reporter of China Youth Daily, Zhongqing, who called out grievances and believed that the result today was not his own reason. He also disclosed that the Associations bank accounts had nearly 20 million yuan of funds that did not know where to go.
For three consecutive years, China Electronic Commerce Association was sentenced to death by the Ministry of Civil Affairs because it had not accepted the annual inspection of illegal acts by national social organizations. Zhang Huisheng is regarded as privately holding the official seal and seal of the association, which prevents the association from participating in the annual inspection of the association in time.
However, Zhang Huisheng said that the main reason for the current situation was that there were problems in the process of changing the chairman of the association in 2011. Song Ling, former chairman of the association, did not do a good job of business and financial handover after she left office; and he did not grasp the seal of the association secretariat after he took office as the chairman of the association, which led to the emergence of a shadow association that used the seal to develop a large number of branches or enterprises. Charge service. In addition, the associations bank accounts had an unknown expenditure of nearly 20 million yuan, and there was no clear collection account and account name.
The reporter tried to contact Song Ling, the first and second chairmen of China Electronic Commerce Association, another key figure in the incident, but no response was received. However, Nie Yun, a subordinate of Song Ling and deputy secretary-general of the association, said in an interview with China Youth Daily Zhongqing Online that the association should be re-elected in 2008, but the re-election meeting needs to be convened by the president, while Song Ling, the then president, has been treating diseases from 2008 to 2011, so the re-election is delayed until 2011. Since then, there has been controversy within the association about Zhang Huishengs status as president.
Xu Jialiang, Dean of China Institute of Public Welfare Development, Shanghai Jiaotong University, believes that many problems such as corporate governance structure, internal operation norms, financial auditing and so on, which are exposed by the association, exist more or less in many trade associations and deserve reflection from all sides.
It took three years for the new term to be replaced, and the root of the disaster has long been buried.
Zhang Huisheng said, Before, many people said that Iprivately holdthe official seal of the association, which prevented the association from participating in the annual inspection. But as the legal head of the association, is it not natural for me to hold the official seal?
China Youth Daily Zhongqing Online reporters noted that on December 28, 2018, when China Electronic Commerce Association v. Ministry of Industry and Information Technology handed down its judgment, the court recognized Zhang Huishengs legal status as chairman of China Electronic Commerce Association. The court held that China Electronic Commerce Association is a social group legal person who has been examined and approved by the competent business unit and registered and approved by the registration administration organ. At the time of filing the lawsuit, its social group legal person has not been cancelled by the competent organ, so the association has the qualification of the plaintiff to initiate the lawsuit.
Prior to this, China Youth Daily Zhongqing Online reported many problems existing in China Electronic Commerce Association, such as the establishment of many branches, research institutes, professional committees and other branches with similar functions and overlapping beds and houses; frequent internal factional struggles, contradictions between former and future chairmen, which led to the Associations failure to participate in the annual inspection of social organizations in a timely manner.
In response, Zhang Huisheng said that the above problems reported by the media about the China Electronic Commerce Association do exist, but the root cause was buried by the end of 2011 when it was replaced.
It is understood that China Electronic Commerce Association was established in June 2000. The first and second directors were Song Ling. In accordance with the relevant provisions of the Ministry of Civil Affairs and the Constitution of the China Electronic Commerce Association, the Council of the Association shall be held once every four years, and the President shall not serve for more than two consecutive terms, and the maximum age of office shall not exceed 70 years. However, in 2008, the China Electronic Commerce Association did not hold the third election of chairman.
It was delayed until 2011 that the Association elected Zhang Huisheng as its next chairman and simultaneously elected four vice-chairmen. Afterwards, the China Electronic Commerce Association will report the results of the change to the Ministry of Industry and Information Technology, the competent business unit, and be approved by the Ministry of Civil Affairs, the registration management unit.
Zhang Huisheng said that when he took office as the third president, he found that the staff and financial staff of the Secretariat of the Association did not cooperate with the relevant work and failed to carry out timely exchange of the affairs and finance of the Association. Song Ling, the former president, denied the change and said that the results of the change in 2011 did not comply with the regulations of the association.
The result of the new term has been submitted to the relevant departments for approval. How can we not recognize it later? Zhang Huisheng could not understand the above situation.
Why did it take three years to change? Chen Zhen, vice chairman of China Electronic Commerce Association, told China Youth Daily Zhongqing Online that the Association had already made preparations for a new term before 2011, and audited Song Lings resignation during her tenure, but there had been no convening of a new session.
Nie Yun, deputy secretary-general of China Electronic Commerce Association, said that the reason for the delay was that the Associations general meeting needed to be convened by the president, but from 2008 to 2011, Song Ling, the former president of the Association, had been in poor health and in the treatment stage. And before the change of office in 2011, Song Ling also served as the Secretary-General of the association.
Two Associations? Two Seals Behind
After several years as chairman of China Electronic Commerce Association, Zhang Huisheng gradually found that there are two China Electronic Commerce Association in the field of electronic commerce, besides his own, there is also a shadow association.
On November 1, 2018, because Li Yubao, who claimed to be the director of China Digital Money Research Institute, was suspected of fraud, the Zhifu Branch of Yantai Public Security Bureau sent a Notice of Evidence Receiving to China Electronic Commerce Association to collect relevant information such as the Qualification Authorization of China Digital Money Research Institute.
China Youth Daily, Zhongqing Online Journalist found that the China Digital Money Research Institute claimed to have the approval of the China Electronic Commerce Association for the establishment of the Digital Money Research Institute and the approval for the establishment of the Digital Money Research Institute of the China Electronic Commerce Association, which did include the Secretariat of the China Electronic Commerce Association and China Electronic Commerce Institute. The official seal of the association.
However, Zhang Huisheng was shocked when he was informed by the police that the above-mentioned Institute of Digital Money existed and had never been authorized to do so by stamp. The two documents mentioned above are not from China Electronic Commerce Association.
Subsequently, the China Electronic Commerce Association reported a criminal case to Zhifu Branch of Yantai Public Security Bureau, claiming that Li Yubao was suspected of forging seals of companies, enterprises, institutions and peoples organizations, as well as fraud and fraud.
Zhang Huisheng suspected that some people had forged the official seal of the association, and that the seal of the association secretariat was used and managed in disorder.
On the official website of China Electronic Commerce Association, more than 80 branches of the association have been established publicly. Zhang Huisheng said that none of the branches set up in the official online announcement had been filed by the China Electronic Commerce Association, nor had they been approved by the China Electronic Commerce Association with its seal. Some of them were established by using the seal of the Associations secretariat. Zhang Huisheng said that he did not have the seal of the Secretariat of the association after taking office.
Chen Zhen also confirmed this statement. According to Chen Zhen, the new president Zhang Huisheng holds the official seal of the association after the election in 2011, while the seal of the association secretariat and the Ministry of Education and Training are all mastered by Song Ling, the former president of the association. Nie Yun said that the seal of the associations secretariat was held by his secretariat, and the seal of the associations secretariat was also stamped when the China Electronic Commerce Association Block Chain Professional Committee was established.
Is the branch established with the seal of the association secretariat valid? Xu Jialiang has studied the field of social organization for many years. He said that, according to relevant laws, when carrying out activities, developing and managing branches abroad, only the official seal of the association can be legally valid. As the agency of the association, the official seal of the Secretariat is only valid within the association, and the legal status of the Secretariat and other branches is the same.
Xu Jialiang analyzed that if some branches were established under the seal of the Secretariat of China Electronic Commerce Association, rather than under the seal of the Association, their legal status would be doubtful. In this case, Zhang Huisheng, as the successor chairman of the association, could have declared the seal of the Secretariat invalid immediately after discovering the existence of the shadow association or the confusion in the use of the Secretariat seal, and the association could have produced a new Secretariat seal. However, due to the lack of such treatment at that time, a series of chaotic phenomena appeared in the rear.
The benefits of e-commerce are too great
Most business organizations and the public do not understand why there are two China Electronic Commerce Association? China Youth Daily, Zhongqing Online Journalist, obtained some financial information in interviews and surveys, may be able to answer this question.
In 2011, the chairman of China Electronic Commerce Association was changed. According to the Audit Report of China Electronic Commerce Association for 2011 issued by Beijing Tianzhenghua Accounting Firm, as of December 31, 2011, there were only two branches in the association: Development Fund Management Committee and Construction Branch, and both branches had bank accounts and independently accounted for their financial situation. Among them, the registration date of the Development Fund Management Committee is March 1, 2011, and the person in charge is Song Ling, the former president of the association. In addition, there are no other persons in charge and staff.
According to the above audit report, the bank account of the Development Fund Management Committee spent 898,000 yuan in 2011, of which about 530,000 yuan was spent on daily expenses, but no details were provided. In addition, the Development Fund Management Committee was insolvent in 2011 with 970,000 yuan in liabilities and a total net asset of - 490,000 yuan. Zhang Huisheng found that the legal person of the Development Fund Management Committee had not been transferred after the change in 2011. Therefore, as the successor president of the Association, he was not clear about the financial situation of the account after 2011.
According to the account flow of China Electronic Commerce Association in ICBC, from July 24, 2001 to December 1, 2011, more than 19.23 million yuan of expenditure did not have a clear collection account and account name, nor did it have relevant contracts and agreements as vouchers.
On the above-mentioned unknown expenditure, Chen Zhen said it was not clear. However, he emphasized that the Development Fund Management Committee is a legally established branch within the association, with the participation of cashiers and accountants in financial management, as well as the participation of accounting firms in auditing, and no small treasury has been established.
Xu Jialiang said that when social organizations change their appointments, they should audit the last person in charge, clarify their financial problems and responsibilities, and then the new person in charge will formally assume office. If it is found that the branches within the association have independently accounting financial accounts and fail to transfer them to the new person in charge, they should be cut off with the association as soon as possible and declare that they do not belong to the association so as to avoid subsequent financial disputes.
Xu Jialiang analysis, China Electronic Commerce Association will follow into the liquidation process, then the Associations assets, financial accounts and so on will be used for liquidation. Because the association is a social public organization, its financial assets belong to public assets. If some funds or property are found to be misappropriated or owned by some persons in charge in the liquidation, these persons may be suspected of crime of occupational embezzlement.
In his view, the financial problems exposed by the case of China Electronic Commerce Association also exist in some other trade associations: there are several bank accounts in the association, some are managed by the Association Legal person, some are not. He believes that the problems exposed in this case, such as the corporate governance structure of trade associations, internal operation norms, financial auditing and so on, deserve reflection from all sides.
Chen Zhen believes that the superficial cause of this situation is the personal grievances of Song Ling and Zhang Huisheng, the two chairmen of the association, but the essence is the interests behind it. The interests of e-commerce are too big.
Source: Author of China Youth Daily: Geng Xueqing, responsible editor of Wang Lin: Dai Lili_NN4994