At The Bottom Of The Mysterious Luxury Price Appraisal Center, Many Opinions Were Accepted By The Court.
A fraud case in Fanchang County of Anhui has involved a body named "luxury price appraisal center of Hangzhou price authentication expert committee" (hereinafter referred to as "luxury price appraisal center").
In early July, the defense lawyer team went to the Hangzhou Civil Affairs Bureau, the Zhejiang provincial Civil Affairs Department and the Hangzhou Municipal Public Security Bureau Economic Investigation Detachment, and submitted the reporting materials, requiring the competent authorities to cancel and investigate the luxury price appraisal center and its related personnel.
Reporter investigation found that the center is a violation of the establishment. But it is such an institution that violates the regulations for nearly 5 years. It has participated in the valuation of articles involving more than 30 cases, and has been used as a reference for court trial cases.
What kind of organization is the "Hangzhou price appraisal expert committee luxury price appraisal center"? Recently, reporters have investigated in various ways, trying to uncover their mystery.
The lawyer said that the appraisal price was 800 times different from the actual price.
In March this year, the Wuhu intermediate people's Court of Anhui held a trial involving more than 1700 yuan in Anhui Fanchang County, involving 63 people accused of "fraud". It is alleged that the defendant actually controlled the top three companies in the art collection industry.
The attorney of the defendant said that the appraisal price of the collection was far lower than the actual price, and the maximum difference was 800 times. Although such identification is difficult, controversy is inevitable. However, because the defendant believed that the actual price and Fanchang police commissioned the Hangzhou price appraisal expert committee luxury price appraisal center 8 experts jointly issued the appraisal price, the gap is really different, so the two sides have no dispute.
Subsequently, the defendant's lawyer team questioned the qualification of Hangzhou's "luxury price appraisal center". They believe that the luxury price appraisal center is an illegal establishment.
What is the "luxury price appraisal center"?
What is the "luxury price appraisal center" that is being questioned? To this end, the reporter went to Hangzhou City Price Association to find the answer, because the Hangzhou price appraisal expert committee luxury price appraisal center is its subordinate organization.
Wang Ronggen, Secretary General of the association, said in an interview with reporters that the price appraisal center of luxury goods was originally located in a department of Hangzhou price appraisal expert committee, not a branch.
He said that Fu Yongwei, director of the center, had no knowledge of the operation activities outside the name of the luxury price appraisal center.
Li Aiguo, President of the association, confirmed in an interview that the luxury price appraisal center was founded in 2014. At that time, he thought Fu Yongwei had a deep understanding of luxury goods and had many experts resources, so he was the director of the center.
"Before 2017, a vice president took charge of it and stared closely. Later, he retired, and the strength was not enough. Li Aiguo said that in recent years, he knew nothing about the external operation of the luxury price appraisal center. If he knew it, he would not allow Fu Yongwei to do such a thing.
Li Aiguo also revealed that because of institutional reform, they had informed Fu Yongwei at the beginning of this year not to act in the name of luxury price appraisal center.
Li Aiguo and Wang Genrong both said that this was originally an internal department, called the "center" for the sake of pleasant listening, and strictly demanded that it do not carry out business activities outside the country.
The reporter received a notice issued by the Hangzhou Price Association in May 13th this year, which explicitly mentioned that the "Hangzhou price appraisal expert committee luxury price appraisal center", established by the Hangzhou Price Appraisal Expert Committee (Hangzhou price appraisal Special Committee [2014] No. 28), was revoked, and all foreign activities were stopped.
More than 30 cases were assessed by the court and accepted by the court.
In addition to the case in Anhui, has the luxury price appraisal center made price appraisal for other cases?
The reporter was informed by the Chinese referee's Web enquiry that 33 cases involving price discrimination and evaluation of luxury goods, paintings and artworks were found by the luxury price appraisal center, involving 8 provinces and cities in China.
These cases basically accepted the appraisal price opinions issued by the center, among which only one case was heard by the people's Court of Anji County, Huzhou. The hospital did not refer to the expert opinion on price appraisal (evaluation) issued by the luxury price appraisal center. The first reason is that it does not have the qualification to identify the art category of calligraphy and painting.
In addition, the Anji court did not accept the grounds for that: when the Anji county court asked 3 of the expert witnesses to appear in court, 3 of them did not appear in court to testify and had no justification.
In another case, the reporter found that not only the luxury price appraisal center was involved in the appraisal, but also the Qianjiang art evaluation and appraisal technology research center of Zhejiang province. The two centers are listed separately because Fu Yongwei, director of the luxury price appraisal center, is also the legal representative of Zhejiang Qianjiang artwork appraisal and appraisal technology research center.
The reporter contacted a certified expert who had been invited by the center. The other side said he was a registered expert of the luxury price appraisal center. Generally, he identified the demand, and they would go around to identify all the factors such as professional, market and experience. He did not deny that he would charge. As for the case, they generally do not ask, "Fanchang case appraisal is Hangzhou Zhong Yuan Detection Technology Co., Ltd. Fu Yongjun called me to go, we went to Fanchang, Zhengzhou several places for identification."
The director of the appraisal center, who has three posts, refused to respond.
What kind of person is Fu Yongwei, the director of the luxury price appraisal center, the Zhejiang Qianjiang artwork appraisal and identification technology research center and the Hangzhou Zhong Yuan Testing Technology Co., Ltd.
According to the industrial and commercial information, the reporter visited the Qianjiang art evaluation and appraisal technology research center in Zhejiang province and found that the address was a shop and transferred to others.
In the Hangzhou Zhong quasi Testing Technology Co., Ltd., the reporter met Fu Yongjun, who is another shareholder of the company, and also one of the identification experts in Fanchang case. Experts who participated in the appraisal said that Fu Yongwei and Fu Yongjun were brothers.
In the face of the interview, Fu Yongjun said that they invited all the people in the industry of Hangzhou. After going to the field, they issued opinions according to the market price, which is only for reference by the relevant price authentication departments. "If they feel unreasonable, they can collect second families and third houses. It can only be said that we issued professional staff's opinion. We do not have the qualification of judicial authentication. There are few institutions in this field. Our opinions can not be used as a basis for forensic appraisal.
After that, the reporter contacted Fu Yongwei on the phone. Fu Yongwei repeatedly refused to meet reporters. He thought he had just done some price investigation and evaluation of some involved items. He also said that if conditions permit, the matter will be discussed after the dust settled in Fanchang case.
As for his relationship with luxury price appraisal center, Zhejiang Qianjiang artwork appraisal and identification technology research center, Hangzhou Zhong Yuan Testing Technology Co., Ltd. and Fu Yongjun, Fu Yongwei refused to respond.
Reporters learned from a professional person, perhaps because there is no luxury appraisal in the category of forensic expertise, Fu Yongwei saw business opportunities in this field.
Municipal Civil Affairs Bureau said Fu Yong Wei refused to accept the investigation.
"After receiving the report, we immediately went to many places to carry out investigation and evidence collection work." In the morning of July 16th, Qian Bao reporter came to the Hangzhou Civil Affairs Bureau. The relevant person in charge of the Bureau told reporters that the administrative penalty decision had been warned by the Hangzhou Price Association and ordered to be corrected. The association will be listed as a serious breach of trust in social organizations.
Hangzhou civil administration comprehensive administrative law enforcement team has contacted Fu Yongwei through various ways, but he refused to accept the investigation.
The person in charge said that after the establishment of the branch registration reform in 2014, the branches of social organizations do not need to register with the civil affairs department. Therefore, the Hangzhou Price Association set up an expert committee on price authentication in Hangzhou. However, the establishment of branches under the branch of "luxury appraisal center" is in violation of the regulations on the registration and administration of social organizations. And, in fact, the Hangzhou Price Association has never reported to the civil affairs department the "luxury appraisal center". Because the center is established illegally, and can not independently carry out business activities in its own name, the consequences of which should be borne by the Hangzhou Price Association.
From the perspective of civil administration, the subordinate organizations established by the Hangzhou price association do not have independent legal person qualifications, and can not carry out activities independently. In accordance with the regulations on the registration and administration of social organizations, the civil affairs departments have already given administrative penalty decisions.
However, the question is, how can a company without qualification and illegal establishment participate in the price appraisal of so many cases involved? At present, relevant departments are still investigating. In addition, a lawyer mentioned that in the more than 30 cases that had been decided, the assessment opinions provided by the center had great impact on the sentencing of the case, and it was difficult to assess.
Source: Xinhua client
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