About Liu Hu being suspected stir up trouble crime case

          Law Division Italy See The book

 

    A Liu Hu report, four vice ministerial officials and other lower level officials behavior, is the normal civil exercise their right of supervision on state organs and personnel (including the staff of state organs and criticism, suggestions on rights, national staff dereliction of duty violations complaints, complaint, accusation rights) act.

 

 All the so-called Liu Hu alleged"The facts of the crime", are published on the Internet or forwarding the four vice ministerial level cadres and other lower level officials suspected of violating the law and discipline, crime. All the laws of nature, is neither speech, occurred in public places in three-dimensional space necessary to stir up trouble crime, no actions outside except speech.

1,The deputy director of the State Administration for Industry and Commerce of the report is based on the Ma Zhengqi Liu Hu, Wanzhou district staff of state-owned enterprises to the former vice mayor of Chongqing, Chongqing City, Wanzhou district Party committee secretary of the Ma Zhengqi report material, investigation, confirmed that Ma Zhengqi has major illegal breach of privilege of crime suspects, but not through the media reported, not through the network the real name of the report. The Wanzhou district staff related to state-owned enterprises, Chongqing Wanzhou district Party committee secretary report former vice mayor of Chongqing City, deputy director of the State Administration for Industry and commerce at Ma Zhengqi, Liu Hu tracked for eight years.

2,The Shaanxi Provincial Public Security Bureau Director Du Hangwei Liu Hu report, is the local informants because of illegal business entertainment personnel wounded lying in hospital, without money, access their own hair micro-blog report and ignored, he repeatedly asked Liu Hu to its online report. To this end, Liu Hu was investigated according to the parties concerned to provide evidence and clues, but due to the means of investigation, failed to confirm that the Du Hangwei is report problems, but also failed to remove any doubt, then has its own investigation and the report letter together through micro-blog public, state the relevant requirements, to investigate and verify. For the director Du Hangwei is involved in the case, Liu Hu has the Du photo to informants, informants said, very similar, Liu Hu will be posted in the long micro-blog on. Liu Hu issued micro-blog, was removed after two hours. But after a few hours of the morning, the police to the victims at Xi'an notes; second days, the report places of entertainment were ordered to stop business. This part of contents of the report is true. As for the Shaanxi Commission for discipline inspection found, Du director person did not accept the sexual bribery etc. conclusion, after Liu tiger report. Since then, Liu Hu has not knowing that the conclusion has to report.

3,The Shanghai High Court acting Dean, director of the Guizhou provincial public security department to original property, Moutai wine report. The content of the Guizhou Provincial Public Security Department workers report, Liu Hu has been through the telephone, private letters and the employees were asked, hoping that they provide evidence, at the same time, through the network of Public Security Bureau of Guizhou province to clarify the requirements, the Guizhou provincial public security department has not clarified. Liu Hu is no more than the others report content, send in your own micro-blog only, not their own fake content.

4,On the Huarun group general manager Song Lin's report, is a Shanxi reporter Li Jianjun to report, the micro-blog, Liu Hu also once forward, Li Jianjun is an investigative reporter known, had successfully report relevant officials, have a certain reputation. After Li Jianjun's micro-blog deleted, request for Liu tiger once again released. Liu Hu to release the micro-blog. The behavior, is essentially a kind of micro-blog forwarding.

In addition, Liu Hu published the many expose cadres at county level, departmental level cadres illegal, disciplinary problems micro-blog, have been investigated, and a lot of cadres have been punished.

 

     Liu Hu more, in legal nature, belong to exercise their criticism, suggestions, Sue, prosecution supervision right behavior. The constitution to exercise supervision on civil behavior, does not require citizens to grasp one hundred percent evidence. Each report a Shanghai judge prostitution case, the master does video, is not realistic. In fact, a Shanghai judge prostitution case, also denied, know the prostitute is found, only confessed. That is to say, without the intervention of public power, almost no one citizen, can put the report materials do there is ample evidence of the degree. If the supervisory authority requires citizens to have a legal obligation, so much so, in fact, the national anti-corruption agencies, the Commission for Discipline Inspection, can not exist.

 

    Liu Hu in the forward, the micro-blog, is completely out of mind, out of social responsibility. According to Liu Hu, the public security organ to his interrogation, interrogation of the why the official micro-blog, why you want to delete some micro-blog, thought he may have other motives, and that his hatred of the official group and officials on behalf of the government. This is a an impressive and deep talk, perhaps is the official group unsure suspicious.

 

Two, so far no case because of the network speech defiance and affray crime, our criminal law and judicial interpretation, is to eliminate this possibility.

 

     The criminal law293Article four circumstances of the crime of provocation:1, they beat the others, if the case is serious;2Chasing, intercepting, abuse, intimidation, others, if the case is serious;3Take strong force, or any damage to, occupy the public property, if the circumstances are serious;4In public places, creating a disturbance, causing public disorder.

    Any legal situations Liu Hu behavior does not accord with stir up trouble crime.

 

    "Provisions of the Supreme People's Procuratorate, Ministry of public security agencies under the jurisdiction of the criminal prosecution standard (a)" article37Article four cases stipulated, does not include the network speech, all is the network behavior. The Supreme People's court "on the trial of juvenile criminal case concrete application law interpretation of several issues" eighth, provisions are also under the net behavior. "The Supreme People's court, the Supreme People's Procuratorate for prevention of several issues concerning the specific application of laws, regulations and control outbreaks of infectious diseases and other disasters of criminal interpretation" in article eleventh, is also the network behavior. The people's court sentencing guidelines referred to stir up trouble crime, is also the network behavior. The supreme law, examines the new interpretation of the crime of provocation, and network behavior.

     To sum up, regardless of criminal law, judicial interpretation, definition and analogy in public places, is in the real world, rather than a virtual space, the judicial interpretation are the streets, shopping malls, as a legal interpretation, the only explanation for the same type of place, and does not extend to the virtual space, and pure speech category. Beijing Municipal Public Security Bureau investigators trying to make history, but, this premise is, criminal law should be amended. If the criminal law of the crime can be extended to the network of speech, but also, stir up trouble crime without any objective standard, it can be said that, since Qin Shihuang to the end of the cultural revolution between the literary inquisition, revived. China public will return to Daoluyimu days, good efforts towards the rule of law state, will be ruined.

 

The private nature of the three, the Beijing Municipal Public Security Bureau Public Security officials will involve the libel case of public prosecution, as the nature of the trouble in the case investigation, suspected of jobbery, take revenge.

 

Beijing public security by micro-blog@The case of the Beijing plain News release, Liu Hu was to stir up trouble after things, because manufacturing spread rumors.

According to the criminal law of our country, has an effect on speech relates to other citizens reputation, or a bad influence on the society, the former have libel, victims of the officials can private prosecution, the latter had fabricated the dissemination of false terrorist information crime.

The four vice ministerial level officials Liu Hu forward, released in, one is the Shaanxi Provincial Public Security Bureau Director Du Hangwei. Another is a former police commissioner, Secretary of politics and Law Committee, apparently also has deep connections in the public security system. Then, be reported in official involved in public security system, public security system, private prosecution cases may be related to treatment with false accusation, crime, people inevitably Association take revenge.

 Particularly worthy of attention is, we know that in the meeting in Liu Hu, the investigation organ to the trial of Liu Hu, especially the interrogation that relates to the Shaanxi Provincial Public Security Bureau Director Du Hangwei micro-blog released. It was caught before, had to remind him to be alert, said Shaanxi wants to complete his. But as far as we know, Liu Hu micro-blog report of Shaanxi Province Public Security Bureau Director Du Hangwei, Department of the Ministry of public security was transferred to the Shaanxi office official. Therefore, we have reason to suspect, who passed the Ministry of public security of Beijing public security to take revenge on the hand, Liu Hu.

 

Four, the Beijing Municipal Public Security Bureau have jurisdiction, questionable.

 

    The public security organs in criminal behavior to determine jurisdiction. All publications, forwarding micro-blog behavior of Liu Hu, in Chongqing, no one in Beijing. Sina micro-blog servers are deployed in all parts of the country, (see Sina micro-blog manager interview). Liu Hu Sina micro-blog, using a server in Chongqing, according to the "public security organs for criminal cases procedure" article fifteenth, the provisions of article sixteenth, involved in the case of things, should be under the jurisdiction of Chongqing City Public Security Bureau, Beijing Public Security Bureau has no jurisdiction. If Beijing City Public Security Bureau to Sina micro-blog management in Beijing by determining jurisdiction, hair micro-blog all landing Sina micro-blog people around the world, Beijing City Public Security Bureau can jurisdiction; Shenzhen City Public Security Bureau can have a say in all landing Tencent micro-blog people jurisdiction. This conclusion is clearly ridiculous. The defender believes, the public security should be the crime to jurisdiction, otherwise, the Zhejiang police caught many so-called network rumor case, whether to move to the Beijing Public Security Bureau?

 

 

Five, hope the investigation organ handling of Liu Hu's more standardized, more civilized.

 

According to Liu Hu, the public security organ is reflected, in the name of the house repair pipe making, be away from home. The trial of Liu Hu, the existence of fatigue trial, threats and other non-standard, uncivilized interrogation methods.

     While we're on Liu Hu's claim could not be verified, but we hope that the authorities handling the case if, if, in a more civilized behavior to reflect the quality of police in the capital. We are in contact with hearing officer, can feel gentle and polite, but, the undertaker accepted strictly according to law, and denied the behavior. In this regard, we just listed in both statements, and hope the police can use evidence to speak, rather than relying on confessions, so in order to obtain confessions use unscrupulous divisive tactics.

 

     Liu Hu, as a reporter, and there is no privilege, he and tens of millions of national micro-blog users, but hope to use micro-blog to promote anti-corruption; as well as any Internet users, he had no public power, he cannot rule out the suspicion of corrupt officials, clues and can not be completely confirmed, in addition to the national judicial organs to submit report material report, can be used micro-blog network approach, report to the state organs. "Finance" magazine reporter Luo Changping report, a network of National Energy Bureau, Liu Tienan, is also a kind of behavior, then verified the state judicial organs, Liu has been a criminal investigation, suggesting that this report is legitimate, but also effectively.

Although, due to network dragons and fishes jumbled together, right of investigation and no citizen, will lead to some innocent accused officials of corruption, reputation, this law is not without remedy, officials can through civil litigation or criminal prosecution, the intentional or negligent conduct litigation. If it relates to spread terror information, national public power will intervene. This is actually a problem of balance of interest. Network report to a national anti-corruption, positive role far greater than negative effects. Officials only through the more clean, more cautious attitude to the official.

Our lawyers understand Du director may be wronged, angry. However, as a high-ranking civil servants, in the face of civil prosecution. Since the state organs should the investigation conclusion to his innocence, the more diligent service to win the trust of the people. If the accused, take the illegal criminal, trying to use high-pressure policy to suppress report, speech, can only run counter to one's desire. In fact, Shaanxi Provincial Commission for discipline inspection findings was also very timely, clear surface covering major news sites, which fully shows the network report and state organs and interactive, self clean function adequately, protect corrupt officials, and corrupt officials.

 

Because the network report Liu Hu was convicted, his child was four years old, a child witnessing his father was taken away by the police, young hearts have suffered damage, we hope, Beijing police, the case can be revoked in accordance with the law, will his father quietly back to him. Thank you.

 

                  Liu Hu's lawyer:

                      Shanghai Dabang law firm Si Weijiang Lawyer

                      Beijing Wentian law firm Week  Ze Lawyer

                          2013Years8Month29Day

(this opinion today by air mail to the case handling organ)