The dispute between Li Hongyuan and Huawei recently sparked public opinion. This morning, Li Hongyuan told Tencent "Deep net" that his original intention was to communicate with Huawei, but now he didn't know what to do next, so he bought a train ticket at noon and went back to his hometown first.

"all I want now is personal freedom. Li Hongyuan told Tencent Deep net.

Li Hongyuan, a former Huawei employee, was charged with extortion for 300000 yuan in severance compensation and released for unclear facts and insufficient evidence after being detained for 251st days. The incident stemmed from a "criminal compensation decision" exposed by the media on November 28, and Li Hongyuan subsequently interviewed a number of media and expressed his personal demands.

According to the criminal compensation decision of Shenzhen Longgang District people's Procuratorate sent to the media by Li Hongyuan, he joined Huawei in 2005, left in January 2018 and worked in the inverter department before leaving. Due to the disagreement between the amount of severance compensation and that of the company, the two sides agreed to reissue him 331576.73 yuan in severance compensation after negotiation.

In March 2018, the secretary of Li Hongyuan's former department transferred 304742.98 yuan to him through a private account (after tax, the transaction summary is "compensation for turnover amount").

On December 16, 2018, Li Hongyuan was criminally detained by the Shenzhen Public Security Bureau on suspicion of extortion and was arrested on January 22, 2019. During this period, Li Hongyuan's charges were changed twice, from suspected job embezzlement to infringement of trade secrets to extortion. Finally, due to "unclear facts of the crime and insufficient evidence", he was released on August 23, 2019 and was detained for a total of 251 days.

The matter has attracted a lot of attention since it was exposed by the media, and outsiders questioned whether Li Hongyuan was maliciously framed by his department because he asked for compensation for leaving.

On November 30, an "open letter to General Ren" from Li Hongyuan circulated, which read: "the public opinion on the Internet is fierce recently, this is not my original intention." Although I will eventually ask the company for an explanation, it will not be in this way. "

As public opinion continued to ferment, Huawei formally responded on December 2: Huawei has the right and obligation to report suspected violations to the judiciary based on the facts. We respect the decisions of the judiciary, including the Security Council, the Procuratorate and the courts.If Li Hongyuan believes that his rights and interests have been damaged, we support him to use legal weapons to defend his rights and interests, including suing Huawei.This also embodies the spirit of the rule of law that everyone is equal before the law.

In response to Huawei's above response, Li Hongyuan said in response to China Finance and Economics, "Let's take a look. I listen to the people of the whole country." Li Hongyuan also told the Beijing News: "thanks to the company for training me over the past 13 years, this is not what the company wants to see, nor do I want to see it. It is a small group of corrupt elements within the company who use the influence of the company to achieve their ulterior purposes. Hope that the company can communicate as soon as possible and work together to solve the problem. "

Earlier, Deep net learned from insiders close to Li Hongyuan that since the media reported and interviewed his incident, he was under great pressure, especially about his desire to talk to Ren Zhengfei, which was questioned by many public opinions. I was under too much pressure to buy a ticket to go back to my hometown.

The person familiar with the matter also told Shen.com that Li Hongyuan repeatedly mentioned the dialogue with Ren Zhengfei in open letters and interviews because previously, some employees within Huawei have successfully won Ren Zhengfei's attention and solved relevant problems through similar methods, and Li Hongyuan is actually following suit.

Yesterday night, Li Hongyuan, a lawyer, sent out a lawyer's letter again, saying that the open letter circulated on the Internet was not true.

The development of the situation has so far exceeded everyone's expectations, and many doubtful points surrounding the Li Hongyuan case have also triggered continued speculation from the outside world.

Tencent sorted out five core doubtful points in the dispute between Li Hongyuan and Huawei:

1. Why should the compensation be transferred from a private account?

In an interview with Interface News, Li Hongyuan said that on March 8, 2018, he went to Shenzhen to sign a confirmation letter and received about 300000 yuan from the private account of Zhou, secretary of he, the relevant Huawei HR.

Li Hongyuan wondered why it was a private account and called 60169 (Huawei's HR hotline) to ask why, but the other party said it was a matter for his department and not for them. Later, he also reflected to the tax department the problem that this sum of money did not pay tax, and the tax department informed the company to repay the tax. Li Hongyuan said he knew that no less than five Huawei colleagues got their severance compensation in this way, which he thought was a flexible way for Huawei to deal with it.

Some industry observers believe that the money transferred to Li Hongyuan through the HR private account belongs to the diversified funds of the Huawei division, while the money will be placed on the HR personal account within Huawei. However, this claim has not yet been confirmed by Huawei.

Judging from the legal opinion submitted by Li Hongyuan's lawyer to the Longgang District Procuratorate on Li Hongyuan's decision not to prosecute (hereinafter referred to as the "legal opinion"). On December 15, 2018, Huawei commissioned Yuan, a legal officer, to report to the economic investigation detachment of the Shenzhen Municipal Public Security Bureau, saying that former company employee Li Hongyuan and others "threatened to disclose the information and asked the company to give compensation in the labor dispute over severance compensation with the company." Shenzhen Public Security Bureau then filed a case with Li Hongyuan and others suspected of infringing trade secrets. However, on December 16, 2018, the public security organs questioned Li Hongyuan three times and confirmed that he had no illegal act of infringing trade secrets.

On December 28, 2018, Huawei added the report materials and once again accused Li Hongyuan of using blackmail to force him to agree to pay an additional compensation of 330000 yuan in private in exchange for his promise not to make trouble, not to report, and to leave office smoothly during the negotiations with department leader he Moudong on January 31, 2018. Under pressure, he Moudong had to agree to give him 330000 yuan. Li Hongyuan's charge turned into extortion, and the evidence is the transfer record of he's secretary Zhou's private account.

According to Li Hongyuan in an interview with the media, he met the lawyer on April 1, and the lawyer and his wife then found a copy of the recording on the computer. Lawyer Li Hongyuan wrote in the above-mentioned "legal opinion": "the Judicial expertise opinion and the text version of the recorded materials proved that the negotiations were conducted on the basis of talking and laughing between the two sides at that time, and finally reached an agreement on severance compensation after a full negotiation of 2 hours, 12 minutes and 24 seconds, and there was no threat or blackmail language in the whole process. "

On August 22, Shenzhen Longgang District Procuratorate made a decision not to prosecute Li Hongyuan. According to the decision on non-prosecution, the Shenzhen Municipal Public Security Bureau decided not to prosecute in accordance with paragraph 4 of Article 175 of the Criminal procedure Law because the facts of the crime were unclear, the evidence was insufficient, and the conditions for prosecution were not met. The next day, Li Hongyuan was released.

2. Is the 251-day detention legal?

From January 22, 2019 to August 23, 2019, whether the 251-day detention is legal is one of the focuses of attention to the Li Hongyuan case.

Tong Binchao, a partner of Zhejiang Zeda Law firm, said in an interview with the 21st Century Economic report that the last 200 days are in line with the legal deadline.

"this is not detention, this is criminal detention, criminal detention is divided into detention and arrest measures. Detention can be up to 37 days. Generally speaking, public security organs find that detention is usually 3 days. If the case is considered complicated after 3 days, it can be extended to 30 days at most. After 30 days, you have to apply to the investigation and Supervision Section of the Procuratorate to approve the arrest. The procuratorate has seven days to decide whether to arrest or not, so the longest time limit is 37 days.

If the procuratorate agrees to the arrest through examination, the case will enter the time limit for investigation and detention. Investigation and detention is called arrest, and the arrest usually takes 2 months. After 2 months, if the public security thinks that the case is complicated, it can be extended. After 37 days, the arrest time can be extended to more than 7 months. This is the public security time. After the public security investigation is moved to the procuratorate for examination and prosecution, the starting period is generally 30 days, which can be extended by 15 days, so the longest time for an examination is 45 days. If the procuratorate thinks that the evidence is insufficient, it can be returned to the public security organ for investigation, and the time limit for investigation is one month. If the public security organ sends it back, the procuratorate can recalculate the time limit twice, and there are 75 days in the examination stage. In short, the last 200-odd days are in line with the time limit prescribed by law. "

It is worth noting that some insiders in the industry told Deep net that the fact that Li Hongyuan was released after being detained for 251 days and finally did not prosecute does not mean that he was acquitted.

Tong Binchao also said in an interview with the 21st Century Economic report, "as for false accusations, we cannot draw the conclusion of false accusations at present." There are many cases in which the procuratorate does not prosecute. This means that there is no prosecution if there is insufficient evidence, and the industry is called non-prosecution in doubt. This is not to say that this act does not necessarily constitute a crime, but that the Procuratorate thinks that there is insufficient evidence and relatively does not prosecute, not absolutely not to prosecute. In other words, if it is not recognized, it will not commit a crime, which does not mean that it is a false accusation and frame-up. "

"even if Huawei deliberately falsely accuses and framing, it still needs employees to prove that Huawei framed the false accusation. Tong Binchao believes that this is an ordinary case and there is nothing special about it.

Li Hongyuan applied for state compensation on October 24, 2019, and on November 25, a month later, the Longgang District Procuratorate made a "Criminal compensation decision". According to Article 17 of the State compensation Law, Li Hongyuan was terminated from criminal responsibility according to law for lack of evidence after approval of the arrest by the Procuratorate, and there is no reason for state exemption, so he is entitled to state compensation. The Longgang District Procuratorate finally compensated Li Hongyuan 107752.94 yuan, including compensation for damage to personal freedom and compensation for mental damage.

3. Is an open letter to Mr. Ren written by Li Hongyuan himself?

On November 30, an open letter from Li Hongyuan called "an open letter to General Ren" spread.

The following is an open letter from Li Hongyuan to Ren Zhengfei.

General Manager Ren:

Hello! I am Li Hongyuan, a former network energy inverter employee. Maybe you don't remember who I am. You forgot the fat man who blocked you at the door of the conference room two years ago. At that time, you asked me to go to Mr. Luke, or Tao Jingwen, who always reflected the problem. I said: would it have been possible if Fan had spoken to Zhuang Xiang and Wang through Wei ran? You meditated for a few seconds and said, "that's right." But let's go to Luc or Tao Jingwen.

If Fan Kui had given reform suggestions to Wang Zhaoxiang through Wei ran, he would have been in a different place. Of course, this is the end of me now, can the company continue to set an example? If this had happened to me at that time, I think I would have been in a different place. But fortunately, in the 21st century, human civilization has taken a big step forward. It is not until today that I am cleared of my name and continue to write this letter to you.

Recently, the public opinion on the Internet is fierce, this is not my original intention. Although I will eventually ask the company for an explanation, it will not be in this way. Here, I want to apologize to you and the company for my carelessness. This kind of public opinion not only harms the interests of the company, but also harms the interests of me and you. Therefore, I would like to state here that if the company wishes, it can pursue the legal liability of a certain Sina V in my name.

Personally, although I suffered the harshest retaliation for defending the company's interests, my 12-year career at Huawei came to an end. But I don't regret my choice. In a crooked and paradoxical generation, telling the truth comes at a price. This is true at all times and all over the world. Socrates dared to tell the truth and was sentenced to death by the court. Fang Xiaoru insisted that Zhu Di usurped the throne and was condemned to ten ethnic groups. Some people will say that I tell "lies" only as a last resort, so I am an honest man. Because I believe that Huawei can be more substantial only if it insists on being true. As for the fact that after telling the truth, I was falsely accused of racketeering, resulting in innocent people in prison, my grandfather was frightened and unfortunately died, and the child's heart was also shadowed. I hope you can take up one of your coffee time and talk alone afterwards.

Of course, for some leaders who may bear criminal responsibility in this case, I will only tell one story: after Han Xin, the king of Chu, returned to his hometown, someone presented the ruffian who had humiliated him under his crotch. Han Xin not only did not punish him, but also appointed him as chief bodyguard.

Finally, I would like to thank Inverter Peng for his courage and encouragement, which is your earnest instruction, so that I can finally stand firmly on the opposite side of corrupt elements, and I will see you later.

However, on December 2, Li Hongyuan's lawyer said in a statement that "after communicating with Li Hongyuan, he learned that the so-called Li Hongyuan's" letter to Ren Zhengfei "circulated on the Internet was not written by Li Hongyuan. Its provenance is difficult to verify. "

However, an insider close to Li Hongyuan provided evidence to Deep net that the above open letter circulated on the Internet was indeed written by Li Hongyuan himself. Li Hongyuan told Tencent that some of the contents in the middle were not his original intention.

4. Why didn't Li Hongyuan sue Huawei directly?

In response, Huawei said, "if Li Hongyuan believes that his rights and interests have been damaged, we support him to use legal weapons to defend his rights and interests, including suing Huawei." "

A Huawei insider told Deep net that according to common sense, if he was falsely accused, Li Hongyuan could sue and demand compensation from Huawei, but Li Hongyuan did not do so.

Some outside commentators say that Li Hongyuan, as a small individual against Huawei, will naturally be in a weak position to resort to the law.

Judging from the information available, Li Hongyuan's attitude towards Huawei is basically cooperation in solving problems rather than seeking confrontation. On September 16, 2018, Li Hongyuan wrote in a post entitled "Huawei Inverter Business Fraud" on Tianya Forum, "personally, although I have been severely retaliated for safeguarding the interests of the company, Huawei's 12-year career is over. I don't think I regret my choice. Someone always has to go ahead, not to be understood by people. "at that time, he had not yet been detained.

When he was detained for 251 days and regained his freedom, in his open letter to Ren Zhengfei, he still sought to communicate at an early date and properly resolve the problem. He hoped to meet with Ren Zhengfei and said that Huawei could pursue the legal liability of a Sina V in his name if it wanted to.

As for the option of resorting to the law, Li Hongyuan's wife told thepaper.cn that she had not considered whether she would sue Huawei for the time being. "these are all long-term things in the future, and we haven't taken this into account yet." We still want an apology. "

Li Hongyuan's wife also said that up to now, the people of Huawei have not talked to them. The procuratorate should also have issued relevant letters to Huawei, hoping that they can help restore their reputation, but so far we have not received a reply from Huawei. "

5. Is there really internal corruption in Huawei? should we apologize?

Earlier, an article entitled "NetEase, Inc laid off staff and asked the security guard to drive me out of the company with terminal illness" was widely concerned by the public. After NetEase, Inc reached a settlement with the former employee, the related topic continued to ferment. More labor disputes between enterprises and employees have been exposed one after another. The Li Hongyuan case is another typical example of the frequent labor disputes in science and technology enterprises.

In the past few years, the rapid development of the science and technology Internet industry has attracted thousands of young people to struggle and settle down. However, the fierce competitive environment and the ever-changing industry situation have led to the ups and downs of enterprises' living conditions and continuous strategic transformation and changes. it has a great impact on employees directly or indirectly.

Before the Li Hongyuan case, Huawei's reputation peaked under well-known reasons, and no one could have imagined that Huawei's image in the public mind would be hurt in just a few days. Public opinion is getting louder and louder that Huawei should apologize to Li Hongyuan, so should Huawei apologize?

The Beijing News called he, a Huawei HR who negotiated with Li Hongyuan. He said that the lawsuit against Li Hongyuan "has nothing to do with Huawei" and has nothing to do with himself. "you can contact the procuratorate to find out a clearer truth."

Several insiders close to Huawei said to Deep net, "Huawei does not have the power to decide whether to detain one day or 251 days. Huawei's current idea is to solve the problem through legal means." In fact, this is also evident in Huawei's response to accusations of 'apathy'.

That seems to be the paradox: Huawei wants a legal solution, while Li Hongyuan wants Huawei to apologize first.

At present, the truth of the matter has yet to be restored by all parties, whether from the perspective of Li Hongyuan or Huawei, there are still a large number of core details undisclosed, leaving unanswered questions.

According to the Southern Metropolis Daily, the Economic Crime investigation Bureau of the Shenzhen Public Security Bureau responded that it was investigating and dealing with the matter.