134: Where it starts, it ends

In reality, many people think a lawyer's investigation means checking Bank balances, real estate, and cars registered under a person's name, but they are mistaken.

Besides these, there are many other assets under one's name, such as funds and stocks, and insurance; not to mention wealth management insurance, even personal insurance can be enforced.

These things need to be actively investigated to understand the other party's financial flow.

People who frequently deal with lawsuits have encountered the problem of difficult enforcement.

The enforcement judge will tell you, "You go find the other party's asset clues, and only when you find them can we investigate."

Then everyone will be very confused, thinking, "If your Court can't find it, how the hell am I, an ordinary person, supposed to find asset clues?"

"This is pure dereliction of duty; you are not acting. I want to complain about you."

Well, your complaint is useless, and the enforcement judge will pay even less attention to your case.

Many people don't understand what asset clues are, let alone what an effective complaint is!

To give the simplest example: provident funds. Can the Court investigate this? Yes, it can, but only locally, because it can only use a "point-to-point" investigation and control system.

Currently, provident fund systems across provinces are not interconnected, so your Court can't investigate it.

So what to do then? Find the official provident fund websites of various provinces and cities, enter the other party's mobile number and ID number. If the result is "not registered," it means the other party does not have a provident fund account.

But if the opposite is true, it means the other party has a provident fund account in that province. This is called an asset clue, because you don't know how much money is there.

At this point, you can give this to the enforcement judge and ask him to investigate.

If he doesn't investigate, then it's perfectly fine for you to complain, because this is a clear dereliction of duty, and a complaint will definitely be processed.

Getting back to the main topic, Zhou Yun's discovery this time was not a transfer-related clue, but insurance!

Or it can be said that many people have now learned new ways to transfer assets, such as what many people know as "insurance to avoid debt," which marketing personnel often mention to those who frequently buy insurance.

The core of using insurance to avoid debt lies in Article 24 of the "Insurance Law":

No unit or individual may illegally interfere with an insurer's performance of its obligation to pay compensation or insurance benefits, nor may they restrict the insured or beneficiary's right to obtain insurance benefits.

However, the situation has changed in the last one or two years; Courts across the country, including the Supreme Peoples Court, already have precedents where certain life and personal insurance policies can be forcibly executed.

But some people don't know this, such as Wu Yufang and Liu Jiale.

This fully demonstrates the importance of learning. If you want to be a deadbeat, you not only need to know how to evade debts, but you also need to constantly learn and keep up with the latest legal updates.

Otherwise, what cannot be enforced today might be tomorrow...

Of course, this is not to encourage everyone to be deadbeats, but to say that if deadbeats need to learn, then you, as a creditor, need to learn even more.

There are some things you might never use in your life, but as long as you use it once, it's worth it.

By investigating Wu Yufang's six Bank card transaction records, as well as WeChat and Alipay transfer records, Zhou Yun roughly confirmed one thing.

That is, on the day after Zhang Yunfan proposed to file for divorce, Wu Yufang purchased five dividend-type insurance policies.

And on the third day after the divorce case was filed, Wu Yufang purchased four more insurance policies, which roughly coincided with the time she received the duplicate of the complaint and other materials.

However, for both insurance purchases, Wu Yufang herself was not the insured.

With this question in mind, Zhou Yun also retrieved Liu Jiale's insurance information... This is the benefit of having two investigation orders.

In other places, even if you know that insurance might have been purchased for a third party, it would be difficult to investigate.

Because with insurance, you can only see where the money went through the transaction records; you cannot see for whom the insurance was purchased!

To find this out, you must go to the insurance company to investigate.

That would be particularly troublesome, and often difficult to investigate, because your reasons are not sufficient.

With Liu Jiale's investigation order, the investigation was quite fast.

After investigating and comparing, Zhou Yun confirmed one thing: the insured for the insurance policies purchased by Wu Yufang was Liu Jiale!

Insurance is very special; on the one hand, it has a strong personal attachment, and on the other hand, some life insurance policies have strong savings and value, basically becoming a method of wealth management.

If you buy insurance, you can consistently receive interest dividends and so on. What's the difference between that and a Bank deposit?

Of course, for dividend-type insurance, the dividends are collected by the policyholder, while the insured enjoys the protection rights.

For example, for critical illness dividend insurance, the insured can enjoy protection after contracting certain illnesses.

With the investigation results, Zhou Yun returned to the law firm and immediately began organizing the evidence.

The evidence of reporting to the Police Officer thirty days later, the statements of Wu Yufang and Liu Jiale, and the policy information and purchase records of the first five and subsequent four insurance policies, as well as the guarantee letter Liu Jiale wrote at the time.

And most importantly, the "Report Evidence List" written by Zhou Yun himself.

This thing is mainly to indicate what these pieces of evidence prove and how they form a chain of suspicion.

Someone goes to catch an affair, successfully catches it, the adulterer signs a guarantee not to meet again, and even actively offers money—no problem.

But then, after returning, the wife wants a divorce, but she doesn't want to divorce, so she can only say she will file a lawsuit.

As soon as the lawsuit is filed, the next day the wife directly buys insurance, and the insured person for that insurance is the adulterer!

Do you think these two had no contact whatsoever afterward?

As for how they contacted and what was said in between, that's the job of the Public Security Bureau.

To prove the crime of false accusation and malicious prosecution, one must first have one point: fabricating facts and making false accusations.

And the core of this case lies in what happened after the video ended.

Zhang Yunfan's video recorded up to where Liu Jiale offered money; the subsequent bargaining was reconstructed through the statements.

Therefore, if it can be proven that those two deliberately fabricated facts in the subsequent statements, and then proven that the two had already conspired and premeditated, then it is equivalent to the unity of subjective and objective aspects.

Subjectively, they wanted to make an accusation to get Zhang Yunfan locked up, and objectively, they fabricated facts and made a false accusation, so there is no problem with false accusation and malicious prosecution.

As for fabricating facts in the statements, as we said, the attitude and location for questioning witnesses and interrogating suspects are completely different.

Interrogating a suspect means making you sit in a chair of regret, with two Police Officers staring intently at you, and perhaps some intimidating words...

Questioning witnesses and victims is different. Article 124 of the "Criminal Procedure Law" stipulates that investigators may question witnesses at the scene, or at the witness's unit, residence, or a place proposed by the witness.

The situation is definitely different from interrogation. Most cases of false accusation and malicious prosecution in reality, except for those reported to Discipline Inspection, are basically carried out using similar methods.

As for why many rape cases are not prosecuted after an acquittal, it is because the reason for acquittal in most rape cases is insufficient evidence and unclear facts.

In other words, it's ambiguous; it might be guilty or innocent, but the existing evidence cannot prove it.

Therefore, you cannot say the woman made a false accusation and malicious prosecution.

With everything prepared, Zhou Yun arrived at the Nanyun District Public Security Bureau and then called the Police Officer who handled the previous meeting application.

Yes, it was the Police Officer who previously handled the "Zhang Yunfan Extortion Case"...

Where it started is where it ends, right? The other party is also familiar with the case, so it will be handled quickly.