● host:Professional committee, case study of southern weekend newspaper, Tencent.com China law

 

● co:Tsinghua University School of law, Peking University School of law, China University of Political Science and Law School of law, Shanghai Jiao Tong University KoGuan Law School, Central University of Finance and Economics School of law

 

The team China impact litigation work

● leader:Wu Ji

● the deputy leader of the group:Dr. Dong Yanbin

● members:Dr. Zhang Wei, Dr. Liu Zhewei, Dr. Li Weihua, Feng Yongqiang, Su Yongtong, Zhou Hualei, Fu Jianfeng, Zhang Xiang

The research assistant:Si Yan Yan, Sun Yufei

 

Acknowledgements(in alphabetical order of their surnames): Car Ho, Mr. Dai Wei, Dr. professor Geng Lihang, Professor Gong Renren, Professor He Bing, Professor He Hairen, Professor He Weifang, Dr. Hu Jian, Mr. Huang Hailong, Professor Ji Weidong, Dr. Jiang Peng, Li Xuan Professor, Professor Lin Wei, Mr. Liu Guiming, Professor Liu Renwen, Dr. Shen Haiping, Professor Sun Guorui, Professor Wang Zhenmin, Dr. Wang Qinghua, Professor Xie Hongfei, Professor Xu Jiali, Professor Xu Xin, easy to Yanyou, Dr. Yuan Xueshi, Dr. Zhan Professor, Professor Zhang Shouwen, Professor Zhou Daoluan

 

Beihai lawyer rights case

[case]Yang Zaixin and so on 4 lawyer defense in the 4 defendants Guangxi Beihai city a murder for the 2009, questioned the prosecution charges against the defendant was charged with perjury, reverse, "The whole army was wiped out". From all over the world "Beihai lawyers to provide legal aid lawyers", was organized under siege, the National Lawyers Association issued a statement, urging the local judicial authorities maintain legitimate right to practice. It is not the end of the trial.

[effect]Self-help industry

The lawyer spontaneous self-help industry action to make Beihai a lively and extraordinary, "lawyers" collective action appeared in Changshu, Chengdu Guiyang, etc.. Shakespeare through the words of others say "kill all the lawyers", presumably this is the charm of lawyers, think others rights for occupation, stuck yourself in danger. In the Beihai case, the lawyer suspected of article 306th of the criminal law crime cases to different trial, presumably people also need a lawyer.

 

Kingsoft Corp v. Zhou Hongyi micro-blog reputation infringement case

[case]360 the company responsible person Zhou Hongyi repeating dozens at Jinshan Jinshan micro-blog, then Zhou Hongyi told the court that the defendant, "a serious violation of the plaintiff's right of reputation and business reputation", requesting the court to judge Zhou Hongyi to withdraw the relevant micro-blog. A judgment in favor of the plaintiff's part of the claim, require weeks to delete 20 micro-blog, and a public apology, compensation for 80000 yuan, but the judge also pointed out, on the network of speech has a certain "immunity"; the second ruling confirmed that Zhou Hongyi simply delete the two micro-blog, other blog content "has not yet reached the level of" constitutes infringement the right of reputation, the compensation of 50000 yuan. Points out that the verdict: "personal micro-blog as a free speech space...... Provides a platform for the realization of China's constitution guarantees freedom of speech." At the same time, "relates to criticism, also often played a positive role in the supervision of public opinion". The second said, this case verdict, "to set up the rules, the protection of the right of free speech".

[effect] freedom of speech from the Constitution in civil judgments

"Freedom of speech" four words as heavy as jack. In a tort case, although the verdict is different, but the Beijing two court judge so cherish freedom of speech, and will promote the case from the aspect of civil law to the constitutional level, comforting. When micro-blog become the world, full China fresh medium after the speech, micro-blog protection, is to protect the constitutional protection of freedom of speech, is in the development of citizen free space.

 

Yao's father sued Zhang Xian reputation infringement case

[case]Xi'an Conservatory of Music Junior Yao was driving people and then repeatedly stabbed to death in the other, the victim has been micro-blog agent revealed to the public administration case report and his mastery of the various kinds of information, network filled with the sounds of. Yao has been executed, they discovered that he was not what "two rich generation" army "two generation", once the "medicine" public opinion reversed, drug family also changed the past practice of voice. The father of medicine medicine Qing Wei will bring a lawsuit to court Zhang Xian Yanta District, Xi'an City, sued the reputation infringement.

[] the court and outside influence, speech bounded

Once as onlookers, people even so hopeful attitude to wait for Yao death sentence is found, the result is more loss and reflection. Yao is said to be killed for speech. Zhang Xian is also considered in spite of the drug project right intention, but the mood was kidnapped, gradually evolved into a runaway justice. Yao father's reputation right of prosecution, as adults, but also promote the public further introspection.

 

"The black prison" illegal detention of petitioners and intentional injury case field

[case]In August 11, 2011, Beijing police deployed dozens of police, take away a "black jails" located in Changping drainage Qiligang, rescued a number of illegal detention of petitioners outside. According to the investigation, the "black jails" by the security company the resigned employee led the establishment, special to help the local government to intercept the petitioners profit, a petitioner who was beaten to death, the case has entered the procedure of criminal prosecution.

Beijing City Public Security Bureau deputy director Zhang Bing publicly informed about the case, must not the security Service Corporation to participate in "interceptors", illegal restriction of personal freedom of others. After "the Anyuanding affair" in 2010 by the exposure, Beijing a clear improvement in security industry.

[effect] country under the rule of law, not of Lynching

The so-called "black jails", the first "black" in it is not the formal sense of the prison. There is no system, no constraint, disregard for human dignity; secondly, the "black" in concealment and its mystery. If you see a courtyard, the door locked, it is impossible to judge the Is it right? Is a black prison. Who, in defiance of citizen right of supervision and the right of appeal at the same time, also dare to manufacture black jails?

 

"Li Zhuang case" season second: leakage of crime

[case]Be treated with perjury criminal defense lawyer Li Zhuang is out of jail time, Chongqing prosecutors accused the Shanghai in 2008 in a case of criminal defense process, is to help others exculpatory, lure, instigate the witness changing testimony behavior, constitute the crime of obstruction of evidence. After the first hearing, Li Zhuang took out a 2005 recording, Chongqing prosecutors withdrawing public prosecution. In June 11, 2011, Li Zhuang was released from prison.

[effect] criminal defense lawyers the right rate low, to guarantee

Even more exciting sequel. "The judicial organ to leakage crime" Chongqing has jailed former lawyer Li Zhuang in Shanghai investigation, the dispute is not only the jurisdiction, is placed on the restricted to some lawyers terms and judicial behavior dissatisfaction. The prosecution evidence of contradiction to withdraw, to respect the law, this is a progress. After the case, revision of the criminal procedure law in 2011, a lawyer for the protection of the right to be a core issue, in 2012 is expected to this legal case on the national "NPC and CPPCC", still need to continue to actively promote.

 

Beijing's largest selling citizenship information case

[case]As many as 23 people involved in the case, wherein the 7 people such as Huang Weifan are the three major domestic telecom operators, China Mobile, China Unicom, Chinese -- China Telecom staff, was sentenced to the crime of illegally providing personal information of citizens, 14 traders were sentenced to the crime of illegally obtaining personal information.

[effect] to protect personal information of citizens, the relevant agencies should bear the responsibility

Illegally providing, acquisition, sales of communication information, candidate information, patient information, personal information of citizens, has formed "the emerging industrial chain". In the case of several criminal from China Mobile, China Unicom, China China Telecom, must ask -- these lucrative large monopoly state-owned enterprises, how much personal information security budget, how much sincerity to protect consumers? And we hope to see more -- how institutions constraints master massive citizen information project clear (such as banks, insurance companies, telecommunications companies and large portal), how to supervise them to defend citizens information, how to liability?

 

Arrears of wages of migrant workers into the crime

[case]Person in charge of a project in Huizhou City, Guangdong Province, Yang in arrears of 25 workers in total more than 10 yuan wages fled after, arrested and brought to justice, the court on the basis of the criminal law amendment (eight) ", the crime of refusing to pay the remuneration" sentenced Yang set term of ten months in prison, fined twenty thousand yuan Guangdong, become the first "criminal case crime of refusing to pay the remuneration", is likely to be the first case.

[influence] "punishment" is good? Beware of "illness" side effects

Migrant workers repeatedly infringed, is still very deep. The ability of poor migrant workers rights, the rights of judicial cost high, "enters the criminal law" practice effect is not optimistic, labor supervision and mediation department's responsibility should be emphasized. In addition, also need to think: practice, problems of the civil criminal is reasonable? We have exhausted the civil and social means, also did not solve the problem, and we did not test method may? For example, let the migrant workers rights organization.

 

Li Changkui homicide

[case]Yunnan farmers Li Changkui and his girl and the killing of the 3 year old brother, the trial was sentenced to death, the Supreme Court of Yunnan province by Li Changkui "surrender" plot, commuted the sentence, sparked heated discussion: Yao died, Li Changkui why alive? The families of the victims of a strong appeal, the Supreme Court of Yunnan province retrial, believes that the original two court finds that the facts are clear, the evidence is sufficient, accurate, conviction, the trial procedures are legitimate, but inappropriate, again commuted the death sentence. Li Changkui was executed according to law.

[influence] the death penalty reform, can't stop

The Supreme Court of Yunnan province society calls "more reasonable", "not to a public Carnival to condemn a man to death", "benchmarking" no tree, back into the vortex of public opinion; in the absence of new facts and evidence under forced to commute, questioning and damages caused by the judicial credibility. As the statute law country, the law has not yet abolished the death penalty cases, creating a "benchmark" case is not appropriate, but how to promote the reform of the death penalty trial system, and need higher design. Some researches show that, the case of Li Changkui after the death penalty was increased, obviously, the court would not be as the high court of Yunnan as a target for all position, and when the death sentence of "less kill kill carefully" principle has deviated from the.

 

ConocoPhillips oil spill case Chinese

[case]Because the job failure ConocoPhillips Chinese limited company, its oil spill in Bohai drilling platform, caused great harm not only to the China marine ecosystem, but also to the relevant waters fishermen, farmers has brought enormous economic losses. Shall have the right of State Oceanic Administration has not aimed at ConocoPhillips environmental pollution action against damages, eager to seek judicial relief of fishermen, farmers Sue but it has been slow to court. Until December 30, 2011, after a long internal coordination and game, the maritime court accepting the Tianjin 29 farmers compensation request.

Judicial predicament [environmental protection influence]

This case reflects the environmental protection in the judicial "dilemma": on the one hand, the environment pollution is very easy to cause mass tort, the plaintiffs numerous interests are not consistent, improper handling will increase the pressure stability; on the other hand, the pollution is often the object of investment, the guarantee of economic development, how to coordinate the relationship between the two, a lot of thought. In the face of difficulties, the people's Court of judicial authority to resolve disputes without sufficient independence, no technical means to resolve cases seem to be enough, to delaying tactic, waiting for instructions. In this context, whether the group litigation, public interest litigation mode can be introduced to break the deadlock, ConocoPhillips case can form demonstration procedure, exciting.

 

The driver is suspected of causing "LittleYue Yue" death case

[case]According to media reports, in October 13, 2011, 2 year old Wang Yue (LittleYue Yue) been two cars rolling in Foshan after 18 people pass by, but not to the aid, LittleYue Yue eventually because of ineffective treatment of die. The driver was Foshan prosecutors on suspicion of the crime of negligence causing death of arrest, but the focus is concerned by the whole society 18 passers-by from ruin: they are on the LittleYue Yue death "negligence"?

[effect] the law can do what the moral?

Media reports, people not only from the moral condemnation of the 18 passers-by, social indifference to pain, but also to consider whether the legislation to punish apathy. There has to be defined, save what Is it right? Noble behavior? If passers-by to save people, the public that the person is noble; if people did not save, the public that the person is immoral. Why in the moral and immoral no middle ground between? If the save is a noble act, so people not noble, is not illegal. We really lack, is the noble move true affirmation, praise and thanksgiving.

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