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镇江市惠达粮油经营公司损失30余万元贷款,镇江市润州区人民法院以经济合同纠纷立案审理判决和执行;无为县公安机关以经济诈骗立案侦查,经检察机关审查起诉和无为县人民法院审判并已生效。笔者作为案涉注册资金担保单位无为粮油物资公司的法律顾问,从一开始便介入了经济纠纷与经济犯罪的碰撞之中,历经5年,倍尝艰辛,突破了地方保护主义障碍。笔者认为司法公正应建立于对案件实质的准确认定之上,对基于同一事实两给法院所作出的定性相反的两个判决,只能执行定性准确的判决,而对错误判决则应通过审判监督程序予以撤销或终结执行。现将本案总结于后,以就教于同仁。
Zhenjiang Huida Grain and Oil Company lost more than 300,000 yuan loans and the People’s Court of Runzhou District of Zhenjiang City adjudicated and executed the case on economic contract disputes. Wuwei County Public Security Bureau investigated the case with economic fraud and prosecuted and prosecuted by the procuratorial organ and People’s Court of Wuwei County And has taken effect. As a legal counsel involved in the case of the registered capital fund guarantor Wuwei Grain and Oil Materials Company, the author intervened in the collision of economic disputes and economic crimes from the very beginning. After five years of hard work, it broke through the obstacles of local protectionism. The author believes that the judicial impartiality should be based on the accurate determination of the substance of the case. Two judgments made to the court based on the same fact and made by the court of opposite qualifications can only be implemented in a qualitative and accurate way, while the wrong verdict should be passed through trial supervision Procedures to be canceled or terminated. Now the case is concluded in order to teach in my colleagues.