According to people familiar with the situation, Lin Xiaoqing was appointed by Dacheng as a legal adviser in September 2017. After the incident, Lin Xiaoqing was released on bail by the Central Public Security Bureau of Xining Public Security Bureau in December 2018.
On April 12, Lin Xiaoqing told reporters in an interview with the Beijing News that the case is still in the trial stage, and the specific situation is not easy to elaborate too much at present. She believed in the fairness and impartiality of the law and looked forward to a fair judgment of the court.
Counsel charged with fraud and extortion
According to the prosecutions indictment, Lin Xiaoqing, as a legal adviser in the joint venture, extorted the victim by bringing a lawsuit to the court, concealed the truth for the purpose of illegal possession, repeatedly defrauded other peoples property and the amount was particularly huge, extorting the victim through lawsuits, with a large amount... Criminal responsibility should be investigated for the crime of fraud and extortion.
During the trial, the public prosecutor also said that Lin Xiaoqing, as a legal adviser, should recognize that it is illegal for him to lend money beyond the scope of operation, deduct interest from the principal, and ask for high interest. In his Perennial Legal Adviser Contract signed with him, Lin Xiaoqing wrote that he went to the police station three times a year to participate in mediation, which shows that Lin Xiaoqing knows the company is collecting money. There will be violations of the law of fighting and fighting, and participate in mediation.
The prosecutor also believes that Lin Xiaoqing, as a legal adviser, was placed in the companys collection department during the joint venture, which has a psychological coercive effect on the internal staff and external customers, and helped the evil criminal groups.
In court, Lin Xiaoqing insisted on not pleading guilty, saying that he was appointed by Dacheng Institute and provided services for consultants according to law, without fault.
His defense lawyers also believe that Lin Xiaoqing, like other companiesperennial legal advisers, provides normal legal advice or proxy services. As a legal adviser, she has no right to review the legitimacy of her clients business and should not identify Lin Xiaoqing as a member of a criminal group of evil forces.
Women LawyersLawsuit Caused the Attention of the Legal Association
After the news of Lin Xiaoqings indictment was sent out, it aroused the general concern of lawyers all over the country. Shang Lunsheng, president of Gansu Lawyers Association, was appointed by the National Lawyers Association to attend the trial. Shang Lunsheng told the Beijing News that he believed that Lin Xiaoqings behavior did not touch the criminal law. At most, it was imprudent in his practice, which might not even violate the law.
On the afternoon of April 11, one day after the adjournment of the case, the procuratorate of the Chengzhong District of Xining City published an article entitled The Peoples Procuratorate of the Chengzhong District of Xining City appears in court to support the prosecution of the firstroutine loancriminal case in the province according to law on the official public numberChengzhong Inspection in Xining City. The article states that the provincial and urban procuratorial organs at the three levels attach great importance to it. They have held case analysis and coordination meetings for many times. They have fully studied and judged the nature, facts, evidence collection and fixing of cases, so as to better perform their legal supervision duties.
Shang Lunsheng believes that, from this point of view, the qualitative nature of the case is not only the view of the procuratorate of the Central District, but also reflects the attitude of the local three-level procuratorial organs.
At present, Shang Lunsheng has feedback relevant information to the National Law Association. All I publicly express is my personal opinion. Shang Lunsheng said.
On April 12, Lin Xiaoqing told reporters in an interview with the Beijing News that the case is still in the trial stage, and the specific situation is not easy to elaborate too much at present. She said that at this moment she still believed in the fairness and justice of the law and looked forward to the fair judgment of the court.
Female lawyers are accused of being members of evil forces and litigation as one of the criminal activities
According to the indictment, Lin Xiaoqing, as the legal adviser of Qinghai Joint Venture Automobile Service Co., Ltd., extorted the victim by bringing a lawsuit to the court. As a legal adviser, Lin Xiaoqing should realize that it is illegal for Qinghai Co-venture Company to operate and lend beyond its scope, deduct interest from principal, and demand high interest.