Beijing city's lawyers provided the discrimination

Beijing Yijia law division services

Fujian Wei law division services

About the law and litigation involving the petitioners, netizens alleged slander is not intended to be a criminal

From Wang Shuai, Duan Lei libel lessons suggest the personnel to withdraw the case

MethodLawItalySeeThe book

Fuzhou City Public Security Bureau, Mawei District of Fuzhou Mawei District People's procuratorate:

   Fujian Wei law firm, Beijing law firm, Beijing City flag in Yijia law firm Fan Yanqiong, Wu Huaying, Guo Baofeng, you Jingyou entrusted with their relatives, lawyers assigned to Lin Zhong, Lin Hongnan, Jin Guanghong, Liu Xiaoyuan, Li Yingshan respectively as libel case crime suspect Fan Yanqiong, Wu Huaying, you Jingyou, Guo Baofeng's lawyer, law service for them. We in the Security Bureau Mawei District on 17 July 2009 submitted "on the involved law of libel case definition of petitioners is classified according to law in performing their duties to arrange the lawyer to meet the legal opinion book". In July 27th, Lin Zhong, Lin Hongnan, Jin Guanghong, Liu Xiaoyuan in Fuzhou City second detention center met respectively with Fan Yanqiong, Wu Huaying, Jingyou swim. According to the meeting the situation, proposed the following legal advice:

    One, "in accordance with the law", not "people find the rule of law".

   Set in the "PRC Criminal Law" the fourth chapter, the violation of civil rights, democratic rights of crime in the 246th libel law, is a case of private prosecution, except in special cases to the public security organ involvement; the object of libel is a natural person, may involve privacy, not involving state secrets.

   In recent years the domestic many incidents, because the report false wrong set the libel case. Such as the Duan Lei case, the relevant judicial authorities in the case of private prosecution is admitted or problems, there is misunderstanding, in accordance with the law have been withdrawn, the case handling personnel accountability. The same Wang Shuai calumniatory case, vice governor of Henan Province, public security bureau director Qin Yuhai in the online wrote to apologize, admit the case exposed the public security organ at the problems for law enforcement, has a certain universality. As another example, Chengdu City Lichun Lee in 2009 "6 .5" burning bus after the accident, report inconsistent with the facts, serious injury to the bus driver, Chengdu 119 fire and other individuals and units, seriously interferes with the investigation of the accident, the relevant departments told: the word must be considered final, speech should be highly responsible. Lichun Lee admits to say the wrong thing, properly to calm the situation. Our handling of such incidents, according to the criminal policy and state law, the general is Ji (discipline) don't torture (penalty), dynamic punishment (punishment) don't torture (penalty), between crime and non crime, time is not clear, according to the non crime disposal, to avoid hurting innocent people, deliver for the people service, people like life, and the purpose of fish and water.

  The police caused by central and superior judicial authorities concerned and investigate the death of Yan Xiaoling to appear, "Minqing Yan Xiaoling" ten thousand times better than the Badong Deng Yujiao tragic posts and "a faithful record the Yan Xiaoling family about position, do not represent the record position" video, only because of Post report on Minqing County "Li brother" KTV ballroom Lin Lu, comments, police officers and coated with prosecutors and Nie Zhixiong four, to visit the people involved law, Internet users, the implementation of multi police dragnet project action. Fan Yanqiong was arrested for "a scrivener" and Lianjiang to visit the people Huang Caipiao on June 26th, to visit the people Chen Huanhui, Yang Xue Ying couples in June 28th July 1st were seized, detained Wu Huaying petitioners netizen, netizen "swim Jingyou July 5th for shooting a video" under criminal detention, criminal detention of netizen Guo Baofeng in July 16th. By posting online and chat, is the criminal compulsory summon, criminal summons, criminal investigation, there are many people.

   We think that, from a paper as the "" and "a piece of video" point of view, regardless of Yan Xiaoling is itself a ruptured ectopic pregnancy bleeding to death, or was gang rape death, her death has nothing to do with state secrets. Existing in the detention personnel are old petitioners, in April this year, the Central Committee of the Communist Party during the inspection group to Fujian, they all without exception to the inspection group appeal, reflect the miscarriages of justice. They feel sympathy for Yan Xiaoling mother Lin Xiuying constantly complaints after her daughter's death in a year and a half, but know without the door, want to imitate Deng Yujiao the online attention central and superior judicial authorities, which is on the Central Trust and on the west coast of the Strait love; no serious harm to the social order and the interests of the state.

   Two, there is no procedure justice, there is no substantive justice.

   Fan Yanqiong was detained for thirty days to meet with a lawyer, the family in July 23rd (27 days after the arrest distance) received the "criminal detention notice", "notice" in detention after 24 hours without notifying the families and units column indicate: "impede the investigation, temporarily not notify the family". Fan Yanqiong was much arteritis, renal hypertension after operation in Fujian Province-owned Hospital, custody, near section time do not think of eating, the body is extremely weak, need hospital treatment. The meeting Fan Yanqiong told the lawyer, posting material is from mother Yan Xiaoling Lin Xiuying there, truthfully according to Lin Xiuying statement, scrivener to Boxun, Boxun has editing, original at Lin Xiuying. We received the Hubei city of Suizhou Province, Ms. Fang Xiuzhen's message: "Ms. fan, she is a good person, is an upright, and dare to speak with the facts. If not for my personal experience, I won't believe her person. When I lost the courage and despair of life, she saved me, she's a real story, tell the truth, the more say to my heartache. At the same time, this article attracted the attention of many people and talk about, the article did not say a word. Don't speak with facts is also guilty, go to prison? I hope you can give us the justice, I borrow materials to reflect the fact. If Ms. fan cases need my witness, I'll be the first one to stand up, speak with the facts". Fan Yanqiong is just barefoot in Nanping area a do boldly what is righteous, for civil rights lawyer.

   Wu Huaying because of his brother Wu Changlong, suspected of involvement in the 2001 bombing of Fuqing "6.24" Commission for Discipline Inspection, be perverted the law, two second trial lasted two years nine months without trial is not sentenced, constantly petition. The family is in detention several days after the receipt of the notice "detained". During the meeting, Wu Huaying said: "I am innocent, because only charged eight year is determined by the 'Fuqing Discipline Inspection Commission bombing' inside, be made case take revenge, caught second detention center. In the cauda equina fast security police handcuffs on iron chair after 36 hours, only to the city second detention center, the police did not show evidence of libel, police later gave a I in the identification of chat, content not to me, I refused to sign. The five time I questioned is zero."

   According to swim Jingyou statement, "Minqing" Yan Xiaoling "Badong" Deng Yujiao "than" the tragic ten thousand times he didn't write, nor did he call others to write, nor did he post to the internet. He just borrow the other equipment to mother Yan Xiaoling representation of the situation made into a video sent to users. Later, people made some clips of video content to the web site. He said, originally produced video, Yan Xiaoling Mother No deputy director of a public security bureau's name.

    Chen Huanhui, Yang Xueying couples because his son Chen Xiaying in 1996 "4.26" in Fuqing CityThe kidnapping case is that big error, constant complaints, petitions, sympathetic to Yan Xiaoling mother suffered, as Christians, help in life. Yang Xueying was detained four days later released on bail pending trial, Chen Huanhui was detained 23 days later on July 23rd release on bail.

  Guo Baofeng dear belongs to the July 29th commissioned Fujian Wei law firm Li Yingshan lawyers to provide legal services.

  This case is that, in violation of the State Council "petition regulations" (2005.5.1 Implementation) and the CPC Central Committee (2006) No. 10 "law and petition accountability provisions" spirit of suspicion.

  Therefore, we think that the law and litigation involving the petitioners netizens alleged slander is not intended to be investigated for criminal responsibility, should learn from Wang Shuai, Duan Lei, libel and lessons for the construction of the West Strait, the judicial environment, cherish the "State Council on the rare opportunity for Fujian province to speed up the construction of the West Strait Economic Zone several opinions" issued, any reform, open and aboveboard, the personnel shall revoke the case.

                               Fujian Wei law firm

                                   Lawyer: Lin Zhong Lin Hongnan Li Yingshan

                               Beijing Qi Jian law firm

                                   Lawyer: Liu Xiaoyuan

                               Beijing Yijia law firm

                                   Lawyer: Jin Guanghong

                                     Two thousand and nine years in July 29th

CC: the Public Security Bureau of Fujian Province, Fuzhou City Public Security Bureau

CPC Fuzhou Mawei District Committee of political science and law