mm Lin'an City inspection, law houses expert Professor Hu Xingdou
2005 年 4 1 May, the submarine town, Lin'an City, Zhejiang Province village village committee director Wu Zengren Shaolu, for . Wuzeng Ren, who refuses to accept the verdict, filed an appeal, the Hangzhou Intermediate People's Court after hearing a written decision: dismissed the appeal and upheld the original verdict. Wuzeng Ren is a Yun-Feng Wu was due to the problem of vehicles operating procedures by the staff of Public Management Linan stopped checking, staff in private to Yun-Feng Wu said, , so to get the leadership to talk about things and perhaps to save. The people from here
my Ti Xiaqu the staff of the public management of the firm to spot-deduction, Yun-Feng Wu argue, public control of the four or five staff members to play the young man a man, even kicked a few people with the fight, the young man kicked the slope, the iniquitous, not afraid of the people killed, these guys do not even like bandits. onlookers an old man told reporters, I went Lycra, has also been kicked out of a feet hit several punches, then my arms were swollen out.
I suffer
2002 the son of integrity, the integrity, kind and smart Wuzeng Ren, general election in the village, was elected by an overwhelming majority in Lin'an, Zhejiang Province City, town Shaolu Village Committee in submarine officer. Since taking office, led the villagers to take the hard-working entrepreneurs Wu Zengren the road, but the financial audit of the village to restore cultivated land area had offended people, planted the seeds.
in the town of Shao Qian Lu village to do the original red brick village was sold in 1998 after villagers Jiangze Ping, Jiang Zeping without permission, dug brick destroyed farmland, 93.46 mu tea garden; its batch run by using less chemical fiber plant more land over accounting 12.78 acres. This will result in 91 farmers from the two contractors to get the 100 acres of arable land can not rehabilitation. Moreover, Jiang Zeping Chemical Fiber Factory, founded on the direct discharge of untreated sewage into the river Eye, causing villagers to water problems. 2002 In May, Wu Zengren outside their hometowns in business for many years, was elected village committee director.
Wu Zengren after taking office, the former village committee requested an audit of the financial revenues and expenditures, the results of the accounts and vouchers to be the town government to forced close to the sealed up, the village was forced to terminate the financial audit; Wuzeng Ren Jiang Zeping exceed total land required to exit rehabilitation, but also led multi-sectoral intervention because of attempts. Shaolu caused several petitions on behalf of villagers, village organizations, Lin'an City Petition Bureau on July 8, 2004 to know the length of a few princes horse eyes, that time to see how he came up to me.
a young man surnamed Wu, Yun-Feng Wu was beaten and Jiang Zeping related, so what I say is valid and this man, and never tell lies , this route is that the cars are running, every year so that people management has never been, this was a sudden pipe, and also shot so hard, the people are labeled as positive because the brick factory that what is the village director Jiang Zeping offended, he colluded with the functions > Yun-Feng Wu of the head, neck, back and multiple injuries after the 7:00 evening Xu, several villagers together to look at the potential of the town by the staff of public management theory. the police station will handle the matter, do not go. Wuzeng Ren advised the villagers, we to believe the Communist Party, believe that the Government had a reasonable deal, and advise you home, Wu Zengren also home to dinner.
this image: the door was wounded in the police station, villagers in the village police station was hit
hurt! That night, the village director Wu Zengren received a phone call, arrived at the scene, first of all understand the situation to the deputy director of the Lvyan Xiang, Lv Yanxiang call director Chen Guosong, the consent of director approval, Lvyan Xiang Wu Zengren to the police station called the office, see the long. Wuzeng Ren turned to stop the villagers to follow, say, we go back, I'll handle this. He has many times discouraged, but not valid. Wuzeng Ren looking for a man on the second floor office director. He and director interviews to Han Xiaohua led a group of people, fight, a knife should pierce the Court of 68 villagers in waist, Han Xiaohua Jiang Feng personally knocked out two front teeth villagers. Chiang Fung wounded on the hospital, Han Xiaohua chase, beat the father of Jiang Hongwei care Chiang Fung , the chest was wounded, the head broken, three sewing needles, says local villagers.
Yougong, to extract confessions, the public security organs
both player and referee, said a reporter investigating the villagers, in Lin'an is simply lawless, police station to their parent unit Public Security Bureau told us the impact of their authority, they are both player and referee, and we say rational Where?
Sheng Jianping, said the villagers, September 8, 2004, more than nine o'clock Zhong, Xu Lin Municipal Public Security Bureau officers to inform us the representatives of villagers at 14:00 on the 10th to the public security bureau to go. we get 6 people to speak with the police inside the Public Security Bureau, when we caught 5 people, me and the villagers Chen was detained for a month , bail each paid 3,000 yuan. the day I was 3 called the police head and neck, left standing, they punched my head, hit my ears, but also solutions out of my waistband let me stand upright more than 20 hours, and then written a police record for me to sign, I ask them to read, write, record of the police said, and as you said, you press a fingerprint. I do not press a claim to the police captain said, you are principal, at least sentenced to 5 years sentence, if they are not in line with our work, I sentence you to be even heavier. Later, the police interrogated me to the detention center, police officers handling the case of Zhu said to me, you keep fish ponds have been dead, you want to All things will be pushed out to the Wu Zengren body, we'll coordinate and help you out, or, really put you a few years.
I saw the root of the rich should be lying down on the villagers by the police with their feet stepped on his face, The police asked Chen Lin knelt on the ground early to beat his face. villager Zhang Law Chan said the incident was caused by our village brick factory covers an area of the village caused. at 15:00 on September 10th so we came to the city in accordance with the Public Security Bureau notified the police entrance , two police officers dragged me from the Public Security Bureau of the entrance hall, and then stepped on the foot of my feet, shackled with handcuffs. when I saw five villagers were they to the ground by two police officers put me dragged upstairs, took off my belt. and later dragged into the room and asked me, you go to the police station to make trouble, is not Wu Zengren let you go. I said, no. the police came a slap, hit my face on. Police said no police station Wu Zengren let you go, you go there to do? I said, the villagers had been hit, I went to ask the situation. footed police and hit me a few ears, I see stars play. Police said Zhang law students, this is not the United States Lin'an. means that the United States can not be beat, Linan play people. I really can not stand police torture, use head against a wall, I hugged a policeman would not let me into a wall. play I use the handcuffs that police will be very tight to my very tight handcuffs, discrepancies in the actual of the pain, see she can not find what they want,mac cosmetics cake, they do not audit me, my picture, take my hand,mac make up brushes, forced to I pressed the fingerprints. Finally, all our focus into the house, announced one month of criminal detention.
confuse the facts, the village director wronged
Wuzeng Ren's lawyer, said the case was the impact of authority in the police station is the case detection potential organ Lin'an Municipal Public Security Bureau, an agency, in this case by the Public Security Bureau of Lin'an City reconnaissance violation of legal procedures.
the first instance, Wu Zengren and defense counsel is completely denied the gathering to assault state organs, that Wu Zengren no subjective intentional gathering to assault state organs, Objectively, there is no impact on mob behavior. defender live witnesses to testify to apply Ni Chunlin, five people have been in court to prevent the villagers Wu Zengren testimony to the police station, court cross-examination, these witnesses on the same place, same time the facts that occurred, the statement is inconsistent and can not cross-checked, but also with the documented testimony of the other villagers, the testimony of onlookers, police station, confirmed by the testimony inadmissible on grounds inconsistent.
witnesses to testify , in addition to Ni Chunlin, the rest are illiterate, in the solemn court cross-examination, for them, his life is the first time, tension is inevitable: in addition the location of witnesses at the scene is different from the statements of witnesses to be completely consistent with the facts It is impossible.
crowd of other testimony, the prosecution authorities in court to produce documentary evidence, only 3 were, respectively, in the latent power of the town committee secretary Zhang, deputy director of Hangzhou XX (department in the potential of a business owner) , Lin'an City People's Congress Zhang XX (village head in the potential of a village) of the transcripts. villagers, and they do not present at that time Sa. Just think, if the town was appointed secretary of the scene, Wu Zengren can not know? first he could not reflect? Town Committee secretary could not stop the impact of the villagers to the police station?
As documented testimony of the villagers, because there are three defendants before the court by the investigating authorities, said the torture, the credibility of their testimony is not high; station the testimony of police do not doubt the unity of self, but its credibility lower. As the case reconnaissance personnel and the police station in the potential relationship between colleagues, some investigators have affected the implementation of justice violations, defender second trial stage of the investigation witnesses Xu Ronghua, he talked about surveillance officers Yougong, torture, led to not reflect the real situation.
confirm each other around the ability to form a chain of evidence issues, both parties had a heated debate, but the court fully adopted the last letter the investigating authorities of the Lin, detention of suspects in criminal law.
Lin'an City Public Security Bureau on September 12, 2004 issued a , provides severe punishment without conditions.
Lin'an City, listen to the Public Security Bureau in the Law Commission report, called Procuratorate, the court views.
2005 年 3 28, in the case before the court of first instance, Linan Municipal Party Committee Propaganda Department issued news release, titled Lin'an City from the above behavior is easy to see the various departments, elected village director Wu Zengren had already been in step, Lin'an City public servants were sentenced without trial.
Lin'an City People's Court (2005) Pro Xing Chu Zi No. 76 junction village, road transport management station with the potential of staff disputes, pushing. the potential out of the police station police, after investigation, orally informed the wounded on both sides before processing. evening 6 pm, Yun-Feng Wu was informed that the potential road Transport Management Centre is the potential of the town of staff of Chinese restaurant for dinner, flowers and roots with the accused villagers Lujin Wei Sheng, Tao Xiangying and other dozens of people have rushed to the hotel door. Lu Jinwei and other Shaolu village that the road transport management station of child Xuanping, Zhang Ping, Zhang Chengsheng and come to persuade the implementation of assault, causing Zhang Chengsheng Sometimes no. in the potential of the police station after the alarm, which the police Lvyan Xiang, Huang Bin disposed rushed to the scene, in the Lu Jinwei away, the accused Taoxiang Ying Sheng together with other villagers spent the root surrounded by police for abuse,mac blush, forced the police to seize the hand of Lu Jinwei opened, causing Lu Jinwei escape, but also with the fist, shoes Huang Bin assault police evidence photo.
night 9:00 Xu, the defendant Wu Zengren, Yanhua Fen and other villagers rushed to the Chinese restaurant next to the defendant knowingly Taoxiang Ying Wu Zengren touch electric batons by police lies its arm system, still shouting to the police station, Shao Lu were not so bullied, and waved. Subsequently, Sheng root flowers, Yanhua Fen Wu Zengren other villagers flock to the potential defendants to follow the local police station. at the mouth of the channel, the defendant took root Sheng,bobbi brown brushes, Yan Huafen, Hegen Quan, Chen Renhai police station and other villagers to block the expense of home, hard look inside red. defendant Wu Zengren cry: to a few people to several people. accused Chen Renhai, He Genquan poked with an umbrella police Guozhong, Wang Cheng. defendant Yanhua Fen, Sheng root flower shouted: good copy man the police station, police station, handcuffed man murderer no attention. When police station summoned the two Ming Shaolu by the villagers, the accused took root Sheng, Yan Huafen and Tao Xiangying figuratively, to live package groups that force the hand. at the police station to avoid further potential to expand, under pressure, back person being called. after the defendant Wu Zengren Lin'an City Public Security Bureau in the leadership of education, request, holding out the microphone called Shaolu village police station, to 12 pm the night before all the villagers to leave. In this process, people have been assaulted the police station and police officers were injured, including Guozhong, Guoan, including the group of power constitute Sometimes no injuries. the police station office doors and windows smashed, hundreds of onlookers in the police station, resulting in the potential of the police station does not work nearly 3 hours, resulting in poor social impact.
respected prison 12 hours. at 20:40, Wu Zengren other defendants were brought to the van when you return to the detention center, hundreds of villagers in a court outside the gate of collective knees, screaming waste, and lasted about half an hour.
after the final verdict , Wu Zengren taken to the eastern suburbs of Hangzhou prison. It was at that day, namely May 18, Shaolu village village committee election was held. Wuzeng Ren directly elected in the absence of candidates, the re-election as village director. registered electors of the village in 1182, 1180 participated in the vote, Wu Zengren got 972 votes, the vote to 82.37%.
This is a great irony, which is the power of justice, to create this from the injustice of Lin'an City departments a resounding slap in the face!
this image: the elected village chief in prison Wuzeng Ren (left)
Wu Zengren defense counsel that:
verdict arbitrary facts of the case, failure to remove control evidence of the reasonableness of their own party doubt correct in not detected, the Public Prosecution case of violation of procedure, sentencing the appellant guilty, the verdict is difficult to embody the basic requirements of impartial law enforcement.
court of second instance in the counsel provided new evidence Under cross-examination without hearing the ruling also did not mention the ruling upheld the original verdict, can not reflect the principles of justice and fair legal system.
known China expert, Professor Hu Xingdou Beijing Institute of Technology Comments: < br> Hu Xingdou: I have two Pro An Shaolu case concerns the village:
First, why some local police departments are not committed to maintaining local social stability, but often with police officers to create injustice, stir up trouble, destroy the harmony of the social situation? Shaolu case arises from the Gongbaosichou village can be some of the local police for private services, participation Yougong to extract confessions, to create a has a certain independence, the people must accept the supervision of public relations by 50% if the residents mm negative votes cast, the public security organs must take the blame and resign the leadership.
Second, why some local governments and the people always opposing, public support of, like, local government opposition, suppress. Shaolu Village is an example, although the venerable Wu Zengren imprisoned, but overwhelmingly elected as village director; he was sentenced, there are hundreds of villagers in collective knees in a court outside the gate, shouted wrong. central requirements of governments around the flexible handling of mass incidents, resolve conflicts, why Lin'an one place but in suppressing the people and intensify the contradictions? I hope that local governments should comply with the requirements of the central building of a harmonious society, reflect on their behavior .
Hu Xingdou Studies on China site
http://www.huxingdou.com.cn/
