[Chen Guangwu] Yang Jinzhu Zhang Jun promised to prosecute, due to other business fails to materialize, days caused Internet users questioned. Today I finally start. This is a historic event.

Chinese lawyers rights scope will be further expanded, from the back of judicial wrongful investigation into improper evaluation of those accountability. Display the personality dignity China lawyer Yan inviolability. The China lawyer status, maintenance has milepost sense China lawyer dignity.

 

Yang Jinzhu accused Zhang Jun of "reputation infringement civil complaint"

       Civil indictment

 

Plaintiff.Yang Jinzhu, male, the Han nationality, University culture,1956Years9Born in Hunan, Dongkou County, Hunan Yue Lin lawyer, live in Changsha City Yuelu District Shi Jia Chong XNumber, contact telephone number13908460728.

Defendant.Zhang Jun, male, the Han nationality, postgraduate education,1956Years10Month was born, Shandong province Boxing County, vice president of the Supreme People's Court (National Justice), vice secretary of the Central Commission for Discipline Inspection, live in the city of Beijing Xicheng District Guanganmen street, X XNumber, contact telephone number8398XXXX

Cause of action:A dispute over the right of reputation

The claim:

A, To order the defendant to the plaintiff to make an open apology, eliminate the impact, and should not be made inappropriate comments lawyer image;

Two, To order the defendant to the plaintiff's spirit damage comfort Jin Yiyuan yuan;

Three, Litigation costs borne by the defendant.

The facts and reasons

In May 19, 2012 the Economic Observer newspaper published "pressure" court vice president who is a defendant in court, the first period (third) made groundless accusations against the lawyer's high court vice president in the class, the two section of this paper in the following text extract:

Zhang JunWhen it comes to pay special attention to the justice of the procedure. "More cases, because the procedure is not fair, do not do that, then lead to speculation. Including some unfair situation for lawyers, so very few unscrupulous lawyer in court, sued the court, a serious violation of the trial order, released later, nobody believes the judge, who also don't believe in court, only believe thoseThe lawyer talk nonsense."

Zhang JunbiaoIn fact, judges ability is not high. There are two reasons, one is our trial in spite of the 1996 amendments considered adoption of adversarial trial mode, but the idea, the actual operation is still an inquisitorial color, court conflict far not so intense, the overall is ordered. So when the (Guangxi), Beihai (Guiyang) River District, Changshu (Jiangsu)LawyerA tribunalWhen we judge, at the time of Mongolia, really do not know how to deal with.

The mention of Guangxi, Beihai River, Jiangsu Guiyang case case Changshu case in the same speech, accused the part of the three defense lawyers in the case in court"A tribunal", in court"Nonsense"Part of the defense lawyer, called"Unscrupulous lawyer".

As everyone knows, "unscrupulous" a word belongs to a pejorative typical in modern Chinese, "bad, wicked, despicable, shameless, caustic " meaning, "unscrupulous" is the opposite of "good, good, good, noble " etc..

"Unscrupulous" a word in the China ancient. The book of songs "quail songs" "quail songs, magpie qiangqiang. This man is all vicious, and I consider him my brother! Vigorously so are magpies. Boldly so are quails. This man is all vicious, and I regard her as marchioness. "The quail songs" Ironic reigning monarch conduct ugly, the research refers to the Wei son coercive and father Wei Xuan Gong lady Xuan Jiang live birth. The quail, snipe and with anti Xing Xuan Jiang incest. Wei Xuan Gong his daughter-in-law as his wife, and son Xuan Jiang and coercive adultery, people think that animals than, so called it "Wu Liang". Therefore, "unscrupulous" is a kind of misbehavior extremely negative moral evaluation.

Consider the plaintiff, the defendant in the face of numerous from all over the country's high intermediate people's court vice president, especially in the face of the news media in coverage of the case, the defendant should foresee their remarks will be spread and impact in the public mind. But the accused still pointing specifically Guangxi Beihai case, Guiyang, Jiangsu River in Changshu lawyer "downtown" court "unscrupulous" "nonsense", it is obvious the defendant subjective intentional.

At the same time, the defendant as a long-term work in the legal justice system, the more should know, right to the development of human history has proven, serious and responsible, enthusiastic defense is the last bastion of freedom, rights and the rule of law, is the last line of defense against in a threatening manner of public power in vain judgment innocent people. The defense lawyer's task is to the behavior of public power supervision and challenges, is to curb the state machine without potential on the powerless people perpetrate whatever evils one pleases, is to appeal to those who be isolated and helpless, the protection of the legitimate rights of the people. However, the defendant without any evidence of the circumstances will you Lawyers Act denounced as "unscrupulous" noisy "court", more visible the subjective malignant.

The comments by the "Economic Observer newspaper" published "court vice president 'pressure" a paper spread, caused the people of criminal defense lawyers across the country, especially the negative evaluation of participation in the Guangxi Beihai, Jiangsu Changshu River, Guiyang in case you lawyers, which includes the plaintiffs lawyers personal website, blog or social networking tools micro-blog often received less polite message, even cause the lawyer family do not understand the work for lawyers, cause you lawyers to normal work, mental suffering.

In the Beihai case, the plaintiff is not only the initiator and organizer of the Beihai lawyers, and served as the first defendant Pei is redder with each passing day the first defender, appearing in more than 20 days of the trial defense. The last day of trial, the first public prosecutor Zhang Zhigang many groundless accusations lawyer occupation ethics, the plaintiff to defend the right to defense lawyers and dignity, in no circumstances two beat the table with anger, is the presiding judge judge Zhang Qiane ejected from the court lost second round published defence opportunity.

In Guiyang Xiaohe case, the plaintiff as the first defendant Li Qinghong's first defense, during the trial by judge judge Huang Min repeated verbal warning. The fifth day, judge Huang Min Yang Jinzhu to ask Li Qinghong for stop, Yang Jinzhu stood up and lose the microphone to judge Huang Min for five minutes, sonic booms tiles. Subsequently, Yang Jinzhu to ask Li Qinghong for more than 70 minutes, the judge Huang Min don't make a sound.

Accordingly, the plaintiff has reason to believe that the defendant is in endless accused the plaintiff, the plaintiff to buckle "unscrupulous lawyer" hat, groundless accusations against the defendant is not only seriously insulting the plaintiff, is a serious violation of the plaintiff's right to reputation!

From June 2, 2012 to June 8, 2012, the plaintiff, defendant by mail to seven open letter by express mail in seven days. Through the query, the seven letter is the supreme court staff sign. At the same time, the plaintiff will be the seven open letter published in the Sina blog. Unfortunately, the defendant to the plaintiff seven letter did not give any reply.

In February 6, 2013, Beihai City Intermediate People's Court of Pei Rihong five defendants intentionally hurt (lethal) case of first instance verdict: Pei Rihong five defendants do not constitute the crime of intentional injury (lethal). Subsequently, four lawyers perjury such as Yang Zaixin and Song Qiling three witnesses alleged were to withdraw the case.

This decision results show: Beihai lawyers lawyers to defend played an important role, so that the 12 citizens from criminal prosecution, the defendant was accused of defence lawyer "unscrupulous", "a family", "nonsense" speech is completely wrong!

February 9, 2013, the plaintiff issued Wen Wuwei tapping on a blog post "Yang Jinzhu Zhang Jun "the snake Sike, asked the defendant to the plaintiff before February 28, 2013 apology, public apology, otherwise, the plaintiff will be in accordance with the law on the right of reputation infringement lawsuit against a defendant. Unfortunately, the defendant to the plaintiff the legitimate demands of ignore.

Therefore, the plaintiff according to the "tort liability law" article2Article, article3Article, article15Article, article22One, the Supreme People's court "on Several Issues concerning the trial of cases of reputation right answer" No.6One, the Supreme People's Court on the "Supreme People's Court on some issues of determining civil right infringement spirit damage compensate responsibility explanation" article1The relevant regulations, that the defendant infringed the plaintiff's right to reputation, and in accordance with the "Civil Procedure Law" article eighteenth, article119Herein, suit your hospital, Wang sentenced as please.

Yours sincerely

The Beijing first intermediate people's court

                                      Like a person: Yang Jinzhu

                                      2013Years 311 March

Attached,

1, two copies of this form

2,In May 19, 2012 the Economic Observer newspaper "court vice president 'pressure" text copy

3 June 2, 2012 June 8, 2012, the plaintiff to mail seven open letter to the original and the post Speedpost stub

=================================================

Appendix A: Yang Jinzhu June 2, 2012 blog

Vice President Zhang Jun accused lawyers "unscrupulous" is to Chinese lawyersSerious slander!

The first letter, lawyer Yang Jinzhu to Vice President Zhang Jun

Http://blog.sina.com.cn/s/blog_4e00bcd90102e04e.html

Vice President Zhang Jun:

Learned from the May 19, 2012 Economic Observer newspaper published "pressure" court vice president of a text, you in the court of first stage (third) made groundless accusations against the lawyer's high court vice president in the class, the two section of this paper relates to your original abstract content of the speech is recorded as follows:

Zhang Jun said we should pay special attention to the justice of procedure. "More cases, because the procedure is not fair, do not do that, then lead to speculation. Including some unfair situation for lawyers, so very few unscrupulous lawyer in court, sued the court, a serious violation of the trial order, released later, nobody believes the judge, who also don't believe in court, only believe those lawyers talk nonsense."

Zhang Jun said, facts prove that judges ability is not high. There are two reasons, one is our trial in spite of the 1996 amendments considered adoption of adversarial trial mode, but the idea, the actual operation is still an inquisitorial color, court conflict far not so intense, the overall is ordered. So when the (Guangxi), Beihai (Guiyang Xiaohe District), (Jiangsu) Changshu lawyer a court case, the judge received at that time, really do not know how to deal with.

You mentioned the Beihai case, Guiyang cases and cases in the speech in Changshu. Because Yang Jinzhu lawyers in Beihai cases and Guiyang cases were served as the first defense of the accused person, and in the case of Beihai as the first defendant Pei Rihong defense process is long out of court trial, in Guiyang cases for the first defendant Li Qing Hong defense process is the presiding judge repeated verbal warning. Therefore, Yang Jinzhu's lawyer has reason to believe that you are in the endless accused Yang Jinzhu of lawyer.

In view of your remarks confuse right and wrong, confuse right and wrong, has seriously hurt the feelings of the individual as well as the lawyer Yang Jinzhu Chinese lawyers, serious harm to the future China criminal career, so Yang Jinzhu lawyers decided from June 2, 2012 to June 10th, in 9 days every day you send a letter public debate on the issue.

Yang Jinzhu's first letter to argue with your content is: you accused lawyers "unscrupulous" is seriously insulting Chinese lawyers!

"Unscrupulous" a word in the China ancient. The book of songs "quail songs" "quail songs, magpie qiangqiang. This man is all vicious, and I consider him my brother! Vigorously so are magpies. Boldly so are quails. This man is all vicious, and I regard her as marchioness. "The quail songs" Ironic reigning monarch conduct ugly, the research refers to the Wei son coercive and father Wei Xuan Gong lady Xuan Jiang live birth. The quail, snipe and with anti Xing Xuan Jiang incest. Wei Xuan Gong his daughter-in-law as his wife, and son Xuan Jiang and coercive adultery, people think that animals than, so called it "Wu Liang". Therefore, "unscrupulous" is a kind of moral evaluation of misbehavior.

In modern Chinese, "unscrupulous" synonyms "shameless, despicable, is bad, wicked, caustic " etc.. "Unscrupulous" is the opposite of "good, good, good, good" etc..

You as a vice president of the Supreme Court, no claim on Beihai case, Guiyang cases and cases of Changshu dozens of trial lawyers are "unscrupulous" moral evaluation! Even if the lawyer "unscrupulous", also not in your jurisdiction. You served as Deputy Minister of justice before, do not know the all China Lawyers Association developed a "lawyer occupation ethics and disciplinary norms"?

"The lawyer occupation ethics and disciplinary norms" were clearly defined the basic principles of the law occupation ethics and lawyers in the litigation activities of discipline, if Beihai cases, Guiyang cases and cases of Changshu dozens of trial lawyers are lawyers "unscrupulous", you should put the specific behavior of these "unscrupulous" lawyers to China Lawyers associations reflect, investigate and deal with by the all China Lawyers association.

Yang Jinzhu lawyers here to ask three questions to you:

A case, Beihai, Guiyang cases and cases of Changshu dozens of trial lawyers are lawyers "unscrupulous"? What is the specific behavior of the "no"? Yang Jinzhu lawyer if you are accused of "unscrupulous" lawyer?

In two, the all China Lawyers Association of Beihai, Guiyang no case cases and cases of Changshu dozens of trial lawyers to investigate, and make a lawyer before "unscrupulous" conclusion, whether you have a right to publicly accused lawyers "unscrupulous"?

Three, your idea of a "what is good" lawyer's standard? China criminal defense lawyer in court not to "nonsense" not "make court" and become your idea of a "good" lawyer?

The above three questions looking forward to your reply!

Yang Jinzhu lawyers in this particular emphasis on: if your first question to Yang Jinzhu lawyers in June 30th before the failure to reply, Yang Jinzhu had reason to think that, you blame "unscrupulous" lawyers included Yang Jinzhu lawyer. In view of strict compliance with the law occupation ethics and disciplinary norms Yang Jinzhu lawyers in Beihai cases and Guiyang cases, there is no "unscrupulous" behavior, groundless accusations you not only seriously insulting Yang Jinzhu's lawyer, is a serious violation of the right of reputation of lawyers Yang Jinzhu, seriously affected the public evaluation of lawyer Yang Jinzhu, the lawyer Yang Jinzhu would raise the reputation right infringement lawsuit in 2012 July to you, ask you to apologize to the public apology and compensation for lawyer Yang Jinzhu, a yuan compensation for mental damage.

8 open letter to the daily noon rest before 12 in the Yang Jinzhu Sina blog published, and mail to you by express mail.

Hunan Yue Lin law firmYang Jinzhu lawyer

June 2, 2012

Annex two: Yang Jinzhu June 3, 2012 blog

Yang Jinzhu lawyers to question the judge Zhang Jun "Virtue"

Second open letter, Yang Jinzhu lawyers to Vice President Zhang Jun

Http://blog.sina.com.cn/s/blog_4e00bcd90102e04s.html

Vice President Zhang Jun:

Get information from the Internet, we two per capita was born in 1956, this year 56 years old, soon to sixty years of age. Today, Yang Jinzhu is the far corners of the peers will tell you this in a judge of the Supreme Court, vice president (ministerial) level of "good" the judge said a few home truths, if you do not "pleased", still please judge a lot, more understanding!

You in the court of first stage (third) high school class court vice president training class "unscrupulous" groundless accusations of lawyers, from dozens of lawyers to the Beihai case moral, Guiyang cases and cases of Changshu to wear a "unscrupulous" hat. The first letter Yang Jinzhu yesterday that you as a vice president of the Supreme Court, no claim on Beihai case, Guiyang cases and cases of Changshu dozens of trial lawyers are "unscrupulous" moral evaluation! Even if the lawyer "unscrupulous", also not in your jurisdiction. Today, Yang Jinzhu and you open for debate is: from a moral point of view, you are not qualified to evaluate the lawyer from moral!

Me "moral" said: "Dawson, De of livestock, shape, is the. All governments is to honour and Guide. The statue, de expensive, operation is not the life and nature." The "Tao" refers to the natural operation and died in the truth; and "de" refers to the moral world, character, Wang Dao."

You accused lawyers "unscrupulous", but not the criticism you judge "unscrupulous", which reflects your lawyer occupation discrimination. The Chinese, since the original court vice president Huang Songyou, to the Hunan High Court Dean Wu Zhenhan, former president Mai Chongkai, Guangdong high method of former Liaoning Supreme Court President Tian Fengqi and the country court and lower courts in jail for corruption of the president who, before the rot successor such as river crucian carp, "unscrupulous" judge number a country under the rule of law, to the great harm to. On occupation morality, I do not know your occupation superiority come from?!

Individually, you as a judge morally accused lawyers "unscrupulous", then you must first in the moral high ground. Because the only virtue is eligible to criticize others without virtue.

Rivers and lakes on the official Catch Me Now, owned "Guan de". Yang Jinzhu questioned from two things for you "official moral".

The first thing, do you still think the trial of Li Zhuang "Chongqing is strictly according to the legal procedure, the trial is fair"?

In March 12, 2010, the domestic news media with a banner headline "the Supreme People's court for the first time in response to the Li Zhuang case: strictly according to the legal procedure", reported that you accepted the media interview to Li Zhuang case statement. The original text is as follows:

"Yesterday, after the end of the online access, Zhang Jun accepted the media interview, talked about the black storm in Chongqing in the controversial case of Li Zhuang. Said Zhang Jun, Li Zhuang case, a second trial has ended, the court announced the information point of view, the court is strictly according to the legal procedure, the trial is fair."

You don't have to review the Li Zhuang case at the time of the material, by Chongqing court unilaterally released information, in order to cope with Bo Xilai was the case against Li Zhuang "get excited over a little thing" and "wonder" theory, and sing in chorus with Bo Xilai, think the Chongqing court for the trial of Li Zhuang "is strictly in accordance with the law procedure, the trial is fair". You as a republic level judge, in order to cling to power, ignoring the basic fact, the "blink" crime is also thought to be the trial justice, this is your officials of Germany?!

The Li Zhuang case "blink" into sin, put on a par with the Han Dynasty Emperor Wu of Han and China "like" of the crime and the Song Dynasty Qin Hui's "unwarranted" of the crime, this is Chinese modern judicial shame, shame on you!

The second thing, do you still think of Chongqing "black case is the pursuit of justice, and guarantee the justice of entity, a lot of walking in the forefront of the national court system"?

The following excerpt of the Supreme People's court website on May 12, 2011 "Bo Xilai met with the Supreme People's court vice president Zhang Jun for a" paper:

In May 10th, Chongqing party secretary Bo Xilai met to Chongqing to attend the court of criminal trial work conference of the Supreme People's court vice president Zhang Jun, vice secretary of the party line, Chongqing practice of criminal trial work of the exchange.

Zhang Jun said, in the thin Secretary under the leadership of Chongqing, carry out "caught", the construction of "five Chongqing", people get a lot of benefits. Especially the "safe Chongqing" construction, "crime crackdown" struggle, both black evil force, called "umbrella", people clap hands for joy, a sense of security increased significantly. In "crime crackdown" case of criminal trial, Chongqing judicial departments adhere to the spirit of the legal system, a felony misdemeanor heavy sentences, sentences, earnestly implement the policy of temper justice with mercy. On Chongqing's "crime crackdown", the Supreme People's court attention, support, judicial review work smoothly and orderly; the higher people's Court of Chongqing City, combined with the actual situation of Chongqing, both the pursuit of justice, and guarantee the justice of entity, a lot of walking in the forefront of the national court system.

Bo Xi, the Supreme People's court held a forum in Chongqing, very meaningful. Political front comrades shoulder the maintenance of fairness and justice and social stability of the task, responsibility, work hard. Chongqing carried out a "crime crackdown" struggle, the "black" and anti-corruption, hit "umbrella" combination, meticulous organization, heavy attack, cracked a major case, to solve the social problems, the people a sense of security increased significantly. In judicial practice, and always adhere to the law as the criterion, and handled the case strictly according to law, justly, for any doubtful cases, to seek truth from facts attitude, cautious, never qualitative, make sure every case is done is very strong, we must stand the test of history. Chongqing's "crime crackdown", always get the effective guidance of the Supreme People's court in accordance with the law, make the work, in order to carry out, hope that the Supreme People's court to continue to support the work of Chongqing.

A year later, read you a year ago about Bo Xilai words, I do not know how do you feel? These words do not reveal your officials of Germany?!

History is not the power of writing!

History is not powerful, bindings!

From these two things, Yang Jinzhu had to question your "Guan de".

Yang Jinzhu think, to you so "Virtue", is not qualified lawyers "unscrupulous" ethically! Do you think so?

Hunan Yue Lin law firmYang Jinzhu lawyer

June 3, 2012

Annex three: Yang Jinzhu June 4, 2012 blog

Zhang Jun judge's occupation conscience from Fan Qihang the death penalty review case

Third open letter, Yang Jinzhu lawyers to Vice President Zhang Jun

Http://blog.sina.com.cn/s/blog_4e00bcd90102e056.html

Vice President Zhang Jun:

Berman said: "in a society ruled by law, the law must be believed in, otherwise it is useless." The law of faith and adhere to the law is the priority among priorities judge occupation conscience. You as a republic in the sway of the level of justice, should establish a legal belief and stick to the law model for the Republic of the criminal judge. But Fan Qihang from the death penalty review case to see, Yang Jinzhu think of your faith is the power rather than the law.

In May 12, 2011, you are in Chongqing to attend the court of criminal trial work symposium on thin hee: "on Chongqing's" crime crackdown ", the Supreme People's court attention, support, judicial review work smoothly and orderly". (see the Supreme People's court website on May 12, 2011 "Bo Xilai met with the Supreme People's court vice president Zhang Jun for a")

Yang Jinzhu in this paper and you open for debate is: the Supreme Court of Fan Qihang the death penalty review case is not what you said "orderly", but a clear violation of legal procedure. Fan Qihang was killed in Chongqing in a case the biggest "black" case.

In July 16, 2010, Fan Qihang the death penalty review case defense attorney Zhu Mingyong by EMS to defense and Fan Qihang in Tieshan Ping by video evidence data post severe torture to extract confessions to the Supreme Court Dean Wang Shengjun and punishment four judge.

In July 27, 2010, lawyers, Zhu Mingyong announced the three set video to the media in Beijing. We heard Fan Qihang in blood iron fence behind:

Police investigators often the handcuffs hanging up on tiptoe, for up to 5 days of handcuffs hanging, embedded in the meat in the police for more than an hour to take out; be handcuffs shackles connected bent 90 degrees to stand more than 10 days do not let sleep; not to eat up to 5 days; unbearable torture him the two wall Dutch act, once bite a tongue self mutilation; knocked out after investigators pouring cold water poured wake to torture extort confession, etc..

In the three set video lawyer Zhu Mingyong announced, we also saw the left apical left head Fan Qihang against the wall Dutch act when the long scar, tongue biting self mutilation of red scars, hands wrist left deep scars.

You as a competent vice president, should see the evidence.

In May 21, 2008, the Supreme Court and the Ministry of Justice jointly issued "on the full protection of lawyers perform defense duties according to law, to ensure that the provisions of the handling quality of death penalty cases". The Kaizong Akiyoshi: "in order to ensure the quality of handling death penalty cases", according to the relevant provisions of the criminal procedure law of the people's Republic of China "and relevant laws, regulations and judicial interpretation, combined with the people's Court of criminal trial and counsel, legal aid work practice, the people's court cases involving the death penalty, the specific performance of the defense lawyers the duties according to law as follows".

The first rule: the people's Court on the defendant may be sentenced to death, shall, according to the provisions of the criminal procedure law, full protection of the right of defense and other legitimate rights and interests, and fully guarantee the defense lawyers perform defense duties according to law. The judicial administrative organs, lawyers associations shall strengthen the defense work in death penalty cases guidance, actively seek financial department of the government to implement and improve the legal aid work. Counsels shall fulfill their duties, and earnestly safeguard the legitimate rights of the defendant.

Rule seventeenth: death penalty review period, the defendant's lawyer proposed to reflect the views or to submit the evidence, the people's court for the collegial panel shall receive during work time and office space, and making a record attached. Written comments counsel, shall be attached.

You should know that the provisions of article seventeenth of the "should be" two word meaning.

As Zhu Mingyong lawyer expectation when Fan Qihang the death penalty review judge summoned, but Fan Qihang was killed in September 26, 2010! The Supreme Court was in violation of the statutory procedures, to go straight to kill Fan Qihang!

"For death penalty cases reviewed to determine the rules of evidence problems" and "rules" about some problems of exclusion of illegal evidence in handling criminal cases have just implemented on July 1, 2010, the Supreme Court before the ink is dry, even the two regulation at disregarding, kill Fan Qihang.

Fan Qihang was kill, make Yang Jinzhu in their home life and death, and the supreme court fight windmill. In October 8, 2010, Yang Jinzhu in Sina blog first published manuscripts, and published an open letter asked the Supreme Court President Wang Shengjun to resign. Now, when the first of you should resign.

Yang Jinzhu is asking of you: all the death penalty review in the case of no fan summoned Zhu Mingyong lawyers circumstances and will kill Fan Qihang, is it not in violation of the statutory procedures?!

Yang Jinzhu is asking of you: you said that Fan Qihang the death penalty review case "" orderly ", the" order "is the law of the state" order "or you Zhang law" order "?!

Yang Jinzhu then asking of you: feudal society of the Empress Dowager Ci Xi still can find out Chinese cabbage is one of the most supreme court case, even as the Dali temple? Aren't you afraid of Fan Qihang in the Hades to your life!

Enough!

You face the death penalty review case Fan Qihang obvious violation of legal procedure of the hard facts, has also said that the "orderly", Yang Jin Zhuzhen as your this age legal people blush!

Yang Jinzhu: you think that faith is power rather than the law, your fear and power rather than the law. So, where are you still blame unscrupulous lawyer ""! Do you think so?

Hunan Yue Lin law firmYang Jinzhu lawyer

June 4, 2012

Annex four: Yang Jinzhu June 5, 2012 blog

Lawyer Yang Jinzhu to justice Zhang Jun "nonsense" nonsense ""

Fourth open letter, Yang Jinzhu lawyers to Vice President Zhang Jun

Http://blog.sina.com.cn/s/blog_4e00bcd90102e05h.html

Vice President Zhang Jun:

You in the court of first stage (third) high school class court vice president said "in the class a few unscrupulous lawyer and Sue in court, in court, a serious violation of court trial, published later, nobody believes the judge, who also don't believe in court, only believe those lawyers talk nonsense." You said "nonsense", Yang Jinzhu, I can't believe you like from the national level of justice!

You made it "nonsense" has two main points:

First, you blame the lawyers "nonsense";

Secondly; the lawyers "nonsense" make public "nobody believes the judge, who also don't believe the court". In your mind, the lawyers become arch-criminal judges and court lost credibility.

In this paper, and you open debate question is: do you blame the lawyers "nonsense" is based on what? You must publish the lawyers "nonsense" to the society according to the "nonsense", otherwise, you are not a lawyer!

"Nonsense" one word from Song Pzi "five yuan of · Jackson exhibit of lanterns Longmen far FASI": "the secret of magic rock main engine a righteous son, talk in a wild disorderly manner, then a spank into pieces, scattered in the ten world." In modern Chinese, no basis or no sense is known as "nonsense". "Nonsense" near synonyms is talk rubbish, talk, talk in a wild disorderly manner. "Nonsense" is the opposite of There is abundant evidence., say.

You are a national level of justice, of course know that "take the fact as the basis, the basic principles of the law as the criterion".

Yang Jinzhu is now asking of you: you accused lawyers "nonsense" according to where?

Yang Jinzhu attended the Beihai cases and Guiyang cases of defense. Beihai hearing the case for 21 days, 6 days of Guiyang hearing the case, the whole video. Yang Jinzhu and other lawyers in court "nonsense", you will be the whole video is released, the public will arbitrate!

Yang Jinzhu: because you are in a position to infer, Riliwanji, you haven't seen them for 30 day trial video. You just listen to the lower court's unilateral report and did not listen to the lawyers argue, that is arbitrarily think lawyers "nonsense"!

The ancients said: "it is dark". You are a national level of justice, judgment skills should be an honest official., then listen to only one side?!

Lawyers are not saints, in the court of course say when. But even if the lawyers in court said the wrong thing, a national judge you as "nonsense", how can a word to be accused of lawyers?!

Yang Jinzhu night thinking, to reflect on their own in the case of Beihai and Guiyang case defense process of speech without any "nonsense". If you think Yang Jinzhu said untrue, you can about your thought that Yang Jinzhu was "nonsense" part of the whole video in two separate open case. If the public that Yang Jinzhu really in the "nonsense", Yang Jinzhu must be open to you!

A case of Beihai on the morning of November 4, 2011, Yang Jinzhu was the presiding judge from the court, the reason is not because of Yang Jinzhu in court "nonsense", but because the public prosecutor in court for a personal attack and second times to the presiding judge to stop the lawyer, Yang Jinzhu two time beat the table with anger. You will be at the time of the video in public, let the public have a look Yang Jinzhu two times whether take stand justified.

Guiyang case, Yang Jinzhu many times by the presiding judge oral warning, the reason is not because Yang Jinzhu in court "nonsense", but because the judge just interrupt Yang Jinzhu speech to say by Yang Jinzhu. The fifth day of the trial, Yang Jinzhu to the first defendant Li Qinghong ask, ask its 2002 to 2005 the price of phosphate rock. The issues concerning Li Qinghong capital source is legitimate, and whether the relationship is crucial to make. The presiding judge once again to the question is irrelevant to the case on the grounds are not allowed to ask Yang Jinzhu. Yang Jinzhu in no circumstances, throwing off the microphone, stand up to the presiding judge smatter interrupted Yang Jinzhu asked the questions and statements in the case of an important relationship. Subsequently, Yang Jinzhu asked for 70 minutes while not interrupted by the presiding judge. Would you please open it for more than an hour of video, have a look at the trial Yang Jinzhu long speeches and questions followed by 70 minutes of one word is "talk nonsense"!

Your hands have great power. But your power can not represent the truth, but can not represent the truth!

Facts speak louder than words. Whether the lawyers in court "nonsense", Yang Jinzhu is in court "nonsense", please announce to the society of Beihai for 21 days and Guiyang case court hearing the case the whole video 6 days. Yang Jinzhu did not participate in the Changshu cases of defense, Changshu do not know whether the case has the whole video, if any, please announce.

If you dare say lawyers "nonsense", you should have the guts to publicize the whole video trial. It fits with your national judge identity. Otherwise, only that the public power's arrogance and shameless! Do you think so?!

Hunan Yue Lin law firmYang Jinzhu lawyer

June 5, 2012

Annex five: Yang Jinzhu June 6, 2012 blog

Lawyers can not become judges and court loss of social credibility of the scapegoat!

Fifth open letter, Yang Jinzhu lawyers to Vice President Zhang Jun

Http://blog.sina.com.cn/s/blog_4e00bcd90102e062.html

Vice President Zhang Jun:

You in the court of first stage (third) high school class court vice president training class said "nobody believes the judge, who also don't believe in court, only believe those lawyers talk nonsense." This "nonsense" you not only to the lawyers slander, more serious is the public IQ slander!

There are two points you this "nonsense" speech:

One, now "nobody believes the judge, who also don't believe that the court", judges and court of social credibility has dropped to the freezing point.

Second, the judge and the court now social credibility lost is the lawyers "nonsense" caused by.

Yang Jinzhu thinks you this "nonsense" speech in terms of content, a real one. The judge and the court now lost credibility is true, the judges and court loss of social credibility to blame the lawyers "nonsense" is false.

Today, the judge and the court without social credibility has become the consensus of the community. You said "nobody believes the judge, who also don't believe that judicial status of court" does become Chinese characteristics.

Yang Jinzhu and the public are thinking: why today China judges and courts will fall on the credibility of lost position? What is the deep social reason? Chinese judges and court should do to obtain the trust of the public?

The judge and the court lost credibility for many reasons, but the fundamental reason is that judges and court itself. This paper is not to explore the causes of the judge and the court now lost credibility.

In this paper, the question to you: the lawyers "nonsense" can really make the public "nobody believes the judge, who also don't believe that the court"?

This "nonsense" you can logically for the following analysis:

Lawyers in court "nonsense";

The public believe that lawyers "nonsense";

So, now that "nobody believes the judge, who also don't believe the court"!

Alack! This is the national justice Zhang Da Guan human logic!

This "nonsense" you let the public too much to handle? Don't Chinese one billion three hundred million people's IQ unexpectedly so low? Several lawyers "nonsense" will make one billion three hundred million people don't trust the judge and the court?

According to the results you Zhang's logical conclusion, China lawyers great sin! So, is such as Shakespeare said, you have to kill all the lawyers Chinese?!

Yang Jinzhu have little talent and less learning, really can not understand Zhang's logic in your. Yang Jinzhu now to ask you two questions:

One end, lawyers in court "nonsense" what?

Secondly, the lawyers "nonsense" don't have "cast spells on people" magic, to make the public believe the lawyers "nonsense" and do not believe that the judge and the court?

Yang Jinzhu asking of you: She Xianglin case, Zhao Zuohai case, Nie Shubin case, exorbitant tolls case, are lawyers "nonsense" cause?

Yang Jinzhu then asking of you: the case of Li Zhuang "blink" into sin, you should say "the court is strictly according to the legal procedure, the trial is fair", which allow people to trust you and judge, the credibility of the court?!

Several lawyers "nonsense" can be fooled the people of the world, that the people of the world to believe that only lawyers "nonsense" and do not believe that the judge and the court. This conclusion from you the national justice, Yang Jinzhu can only sigh:

Woe! Such a level of justice in the country has the power of life and death, the country under the rule of law still have hope?

Hunan Yue Lin law firmYang Jinzhu lawyer

June 6, 2012

Annex six: Yang Jinzhu June 7, 2012 blog

The lawyer to protest the Guiyang River District court jurisdiction, the defendant Li Qinghong illegal shehei case is "make the Tribunal"?

Sixth open letter, Yang Jinzhu lawyers to Vice President Zhang Jun

Http://blog.sina.com.cn/s/blog_4e00bcd90102e06l.html

Vice President Zhang Jun:

You in the court of first stage (third) high school class court vice president said "training class meeting (Guangxi), Beihai (Guiyang Xiaohe District), (Jiangsu) Changshu lawyer a court case, the judge received at that time, really do not know how to deal with." You have invented a new word here: "a court lawyer".

"Trouble" in the modern Chinese word has a commendatory term "lively", also has a pejorative "monkey", "make trouble out of nothing". Obviously, you in here said the "downtown" should refer to "monkey", "make trouble out of nothing" trouble "". In you the national judges eyes, criminal defense lawyers in court, in addition to "nonsense", is the "monkey", "make trouble out of nothing".

In your eyes, the Beihai case, Guiyang cases and Changshu lawyers "a tribunal" when in Guiyang case "make" the most vicious. Because in Guiyang case court in five, more than 20 lawyers have been a verbal warning, four lawyers were long out of court trial.

You know, lawyers in Guiyang case "downtown Tribunal" reason is to protest the river that the court's illegal jurisdiction. You should see the lawyers open letter to the supreme court requires a change in the case under the jurisdiction of the.

You should personally intervene in the case of guiyang. The court did not transfer of jurisdiction and trial is scheduled for tomorrow (June 8th), should also be after you personally allowed. The river court to prove that you accused lawyers "monkey", "make trouble out of nothing" is correct.

Yang Jinzhu ask you now: the river court really the case has jurisdiction? What is the lawyers in the "wildness" or you and the court in the "monkey"?!

Let us have a look first to the jurisdiction of the court the case background:

In March 25, 2010, Guizhou Province Guiyang City Intermediate People's Court of first instance [(2009) to build a criminal punishment at No. 160th incidental civil judgment] to Li Qinghong seventeen defendants constitute the organization, leadership, to participate in the organization with underworld society nature 8 sentenced to punishment, the first defendant Li Qinghong was sentenced to nineteen years in six the total sentence months, decided to implement nineteen years;

In July 12, 2010, the Guizhou Provincial Higher People's Court [(2010) the high penalty three final criminal No. 134th ruling] "trial fact verdict is not clear" on the grounds, revocation of the first instance judgment, and remanded Guiyang City Intermediate Court for retrial;

In August 16, 2010, Guizhou Province Guiyang City Intermediate People's Court [(2010) build a penalty early word no. 116th] to Guizhou Province Guiyang Municipal People's Procuratorate prosecution to withdraw;

After the withdrawal of prosecution, Guizhou Province Guiyang City Public Security Bureau did not release the defendant in the original instance, anti will receive lawyer forensics multiple witnesses arrested as Li Qinghong Mafia members, the 17 defendants in cases of upgrades for the suspect as 67 large shehei case, at the same time, will also be a number of the defendant the relatives of illegal detention for more than one year.

In August 26, 2011, the case by the people's court "Xiaohe District People's Procuratorate River District to Guiyang City Guiyang City, the defendant to 57, from 8 to 27;

The court is in the above context under the jurisdiction of the case go to trial in January 9, 2012.

The lawyers think the court jurisdiction of the case law for the following reasons:

In this case, a River District Court, in violation of the principle of territorial jurisdiction.

"Criminal Procedure Law" of the people's Republic of China clearly stipulates: "article twenty-fourth of criminal cases shall be under the jurisdiction of the people's court to the crime". The purpose of establishing territorial jurisdiction, in order to court on the spot investigation and verification of evidence, to participate in the proceedings and litigation, ginseng, convenient local people to hear the case, is unity of convenience, saving judicial resources and to find out the case, play the function of legal education.

Li Qinghong etc shehei case crime occurred not in Guiyang City District, involved are not River District, by the river district court jurisdiction the shehei case, is not conducive to the local investigation and verification of evidence, is not conducive to the participants in the proceedings and litigation, ginseng, also do not facilitate the local people in the case, does not conform to the provisions of the law, undeserving.

In the case of two, the river court, in violation of the principle of jurisdiction.

"Criminal Procedure Law" of the people's Republic of China stipulates: "the twentieth intermediate people's Court of jurisdiction of criminal cases of first instance of the following: (a) counterrevolutionary cases, cases endangering State security; (two) the general case may be sentenced to life imprisonment, the death penalty; (three) foreign people of criminal cases".

The establishment of the jurisdiction of the objective, is the major case, complicated, affecting a wide range, heavier punishment, in order to ensure the quality of handling cases can stand the test of law and history, the three kinds of cases to determine the jurisdiction by the intermediate people's court. At the same time, the provisions of the above three cases of intermediate court jurisdiction principle, refers to the minimum level of jurisdiction must be the intermediate people's court, do not rule out the above three kinds of cases can also be under the jurisdiction of the high court or the Supreme People's Court of higher levels of.

Guiyang Li Qinghong etc shehei case, in the original trial, the defendant a total of 17 patients suspected of crime, 8, by Guiyang City Intermediate People's Court of first instance trial, is entirely in accordance with the provisions of article twentieth levels of criminal procedure law, jurisdiction of first instance court ascertained, is the correct understanding and application of the law.

In Guizhou province high court for revocation of the original a retrial, the supplementary investigation, the number of defendants rose from 17 to 57, charges also increased from 8 to 27. In accordance with the law and normal logic, a new trial number more, crime, penalty more heavier the shehei case, in any case, more should be composed of Guiyang City Intermediate People's Court of original jurisdiction. "By the river district court trial, which does not comply with the legal provisions, it is difficult to guarantee the quality of trial, also significantly deviate from the pre trial court level, for in the situation in the regulations, cannot make out a good case.

In the case of three, the river court, in violation of the basic principles of the retrial of remanded.

It is the second instance court remanded appeal after a treatment trial. The court of second instance can be upheld, can direct their sentence, can also be remanded to the court for a new trial. Stipulated in the "Criminal Procedure Law of the people's Republic of China in 189th" in the third paragraph: "the original judgment, the facts are not clear or the evidence is insufficient, can be changed after ascertaining the facts; or it may rescind the original judgment, remanded by the people's court re trial".

For the retrial of the case handling, the law also stipulates. "Criminal Procedure Law of the people's Republic of China" the 192nd stipulation: "the people's court for the case remanded, form a new collegial panel, in accordance with the procedure of first instance trial".

From the above provisions, remand, refers back to the original conducted a trial court, the court again, form a new collegial panel to conduct the trial. Not by the court of first instance specifies the lower court. Because the original trial in fact, evidence exists problems, only by the original court of first instance in the original basis, re investigation, only more conducive to clarify the circumstances of the case, also called "remanded by the court to reopen".

Guiyang Li Qinghong etc shehei case, ruling in the Supreme Court of Guizhou province to rescind the original judgment after remand, to reconsider the case, as long as it is to Li Qinghong and others were guilty subject, it must be governed by the original court of first instance Guiyang City Intermediate People's court. If it is found that the original defendant and omission crime or have new suspects, it must be trial, supplementary investigation in the application for extension, the prosecution to the court together, the merger trial. Otherwise, remand the statutory procedures, will bye, is the province high court for contempt and disregard for retrial procedure, of course, is to the legal provisions in a flagrant way tampered with and against.

In the case of four, the river court, violate the legal meaning of withdrawal of prosecution.

For the retrial of the case, according to the provisions of the law, the court according to the procedure of first instance trial to trial, after the verdict, the defendant refuses to accept, can still appeal. Therefore, the results of retrial procedure ", according to the provisions of the criminal procedure law of the people's Republic of China" in article 162nd, outside notting have three kinds: one is the guilty verdict facts are clear, the two is the defendant is innocent judgment, three is the lack of evidence judgment of acquittal.

But in the judicial practice, there are fourth kinds of situations of the three outside, this is the people's Procuratorate of public prosecution cases filed, to withdraw, the court ruled to be agreed, such as Li Zhuang case second season. The procuratorate withdrawal means not to pursue, is a fact of innocence, therefore, the situation in the criminal procedure law has no provisions, but in the practice of criminal justice, but It is often seen.

Specific provisions to withdraw the prosecution, 351st in the "people's Procuratorate" rules of criminal procedure, which provides: "in the people's court before a judgment is pronounced, the people's Procuratorate found the defendant not present the facts of the crime, the crime is not as the defendant or not should be investigated for criminal responsibility of the accused, can request to withdraw the prosecution". From this point of view, the legal meaning of the withdrawal of prosecution, is that there is no criminal facts, the facts of the crime is not as the defendant, no criminal responsibility shall be investigated in these three cases, that is to say, the essential meaning to withdraw the prosecution refers to withdraw the case no prosecution shall be investigated for criminal responsibility.

Guiyang Li Qinghong etc shehei case, in Guiyang City Intermediate People's court for retrial process, Guiyang City People's Procuratorate for prosecution to withdraw, the results should not be investigated for criminal responsibility of the accused. But the judiciary to withdraw the prosecution but after case by Guiyang Xiaohe District People's Procuratorate prosecuted. Then, the prosecution to withdraw behavior, they seriously violate the people's Procuratorate rules of criminal procedure's original intention, is an abuse of the naked plays with the law, avoid supervision procedure skills, both increased crime or increase the defendant, not to withdraw the prosecution after the cause of action. Both want to punish by Li Qinghong et al., intention and want to escape from Guizhou province high court trial procedure supervision, such as open plain. This is illegal behavior to improper purpose, tampered with law, abuse of the right of withdrawal, and resolutely stop. On the basis of correct thoroughly, more should be held responsible person of responsibility of breach of privilege.

At the same time, even if Li Qinghong etc shehei case, any omission crimes and criminal suspects, should also be in accordance with the provisions of the people's Procuratorate "rules" article 348th of the criminal procedure, to the court of first instance Guiyang City Intermediate People's court for deferment of trial, after supplementary investigation and change the indictment, then the new crimes, the new criminal suspects after the trial by the court added together, not to withdraw the prosecution by the procuratorate to after lower courts to prosecute. "The specific content of the people's Procuratorate rules" article 348th of the criminal procedure is as follows: "the court hearing process under any of the following circumstances, the public prosecutor shall request the court adjourned: find facts unclear, insufficient evidence, or the omission crime, omission accomplice criminal suspects, requires supplementary investigation or to provide supplementary evidence; find the omission of crime or omission accomplice criminal suspects, although not requires supplementary investigation and provide complementary evidence, but require additional or changes the prosecution".

Therefore, Guiyang City procuratorate prosecution to withdraw prior to an inferior people's Procuratorate to the lower court prosecution behavior, a serious violation of the Supreme People's Procuratorate promulgated the "the people's Procuratorate criminal rules" article 348th and the provisions of article 351st, the breach of the law, do not have a superficial knowledge of, but very deliberately and perversion of the law and with malice the. To this kind of malicious abuse of the right of withdrawal is illegal, must immediately correct and banned.

Five, the intermediate people's court jurisdiction shehei case is the requirements of the law, justice is normal.

The organization, leadership, participation in the crime of underworld organization ", according to the provisions of the criminal procedure law of the people's Republic of China" in article twentieth, under normal circumstances, by the above intermediate people's court jurisdiction. This is because, the crime of underworld organization, in order to seek illegal interests, apart from the characteristics of the gang organization, must also be reflected in the bullying cross Pa City, illegal monopoly, profiteering, smashing the snatch, wounding murder and other illegal acts of violence, the implicated crime, there must be many, otherwise, the establishment of the underworld the organization will lose their significance. While the organization, leadership of the underworld crime is principal, responsible for the subordinate all criminal acts, so the principal of criminal responsibility is a variety of crime, crime punishment, criminal responsibility will be very heavy, usually, no period, the death penalty is expected judgment. Therefore, the principal shehei case, according to the "PRC Criminal Law" article twentieth paragraph second "may be sentenced to life imprisonment, the death penalty provisions, in ordinary cases" level must be under the jurisdiction of the intermediate people's court.

At the same time, the provisions of article fifth interpretations of the Supreme People's Court on some problems in the implementation of "the people's Republic of China Criminal Procedure Law" of ": a committed several crimes, common crime and other needs and trial of cases, as long as one or a crime under the jurisdiction of the people's court at a higher level to the jurisdiction of the people's court at a higher level, all". So, on the whole shehei case jurisdiction right, principal with shehei case, fall in the intermediate people's Court on the body. In judicial practice, the vast majority of shehei case, are under the jurisdiction of the intermediate people's court.

Yang Jinzhu ask you now: the five lawyers "nonsense" and "make trouble out of nothing"?

Li Qinghong, the defendant's case, only the original 17 defendants, 8 charges, by Guiyang City Intermediate People's Court of first instance. The case after the Supreme Court of Guizhou province by the "second trial fact verdict is not clear" on the grounds, to withdraw the first instance judgment, for Guiyang City Intermediate Court for retrial. The case is now composed of 17 defendants on charges increased to 57, from 8 to 27, but down to River District court. Even without learning the law Chinese, should also know what Maoni?

The legality of Yang Jinzhu urge you to clarify the River District Court of jurisdiction in the case, how to let people know the lawyers "make court" is how to return a responsibility. If you turn a deaf ear to, in addition to that public power shameless, what can explain? Do you think so?

Hunan Yue Lin law firmYang Jinzhu lawyer

June 7, 2012

Annex seven: Yang Jinzhu June 8, 2012 blog

River District Court Jurisdiction over the defendant illegal Li Qinghong shehei case will cause endless trouble to future national rule of law!

Seventh open letter, Yang Jinzhu lawyers to Vice President Zhang Jun

Http://blog.sina.com.cn/s/blog_4e00bcd90102e073.html

Vice President Zhang Jun:

History will remember today: June 8, 2012. In said of peaceful times., power and a rape law! In the case of Li Qinghong more than 20 foreign lawyers were his own party remove entrust the case, in the River District Court, Guiyang City Intermediate People's court, the Supreme Court of Guizhou Province, the Supreme Court has no jurisdiction in the case that the official has the legal case, the court again on Li Qinghong and other defendants shehei case hearing the trial.

The River Court illegal jurisdiction Li Qinghong and other defendants shehei case undoubtedly got your support, there may even be higher than your officials support. Under the watchful eyes of the people in the Chinese people, a serious violation of the law court should not stop the river. This is the state of the rule of sorrow!

Guiyang quadrangle of Guizhou provincial Li Qinghong remand defendants shehei case specifies the river court jurisdiction, the real key lies in Guiyang hospital to control the second power of final adjudication, the misjudged case and case through to the end!

Yang Jinzhu do not doubt your professional knowledge. As a legal person, you should know: when the procedural justice, substantive justice after the loss, where they come from!

Illegal jurisdiction Li Qinghong defendant shehei case open a very bad judicial precedent, and was extremely bad judicial precedent for the Supreme Court affirmed!

Illegal jurisdiction Li Qinghong defendant shehei case for the intermediate court provides a jurisdiction by level, manufacturing misjudged case and case of Guiyang mode. Since then, after all the intermediate court of first instance cases by the Supreme Court of second instance ruled remand, are in accordance with the mode of Guiyang designated jurisdiction courts themselves, will review the appeal right of adjudication is in your own hands.

Yang Jinzhu asserted: Guiyang mode, will enable more China criminal case has already emerge in an endless stream, the national law cause endless trouble to future!

You are in a position, the heavy hand of the right, why not from the national legal height stop River Court illegal jurisdiction? You will clear the provisions on jurisdiction in our "law of criminal procedure" in where? Guiyang pattern once in the intermediate court spread, you will become a state of the rule of sinners! Do you think so?!

Hunan Yue Lin law firmYang Jinzhu lawyer

June 8, 2012