Southern Weekend: 2012 ten influence China litigation

Author: Southern Weekend editorial department

The trial was sentenced to death Wu Ying has sparked sympathy, 2012 May commuted sentence.(Eastern IC/)

 

Editor's note:Litigation influence 2012 many, this is China reform into the deep water area in the legal and judicial practice performance. We selected ten influential action, is a call for reform consensus and consensus on the rule of law. Here, we pay tribute to the legal rights of rational citizens and to explore. Another need to point out is, to choose more representative cases, we in Bogu Kailai case and Wang Lijun case two equally enormous influence and quite related litigation, choose only thin Gu Kailai cases.

   The rule of law is an important achievement of human political civilization. The implementation of the basic strategy of governing the country according to law, building a socialist country ruled by law, is the objective requirement of economic development and social progress, and consolidate the ruling status of the party, guarantee of national long period of stability. In a country of 1300000000 people that we, in order to realize the politics, social justice, stability, long period of stability, the most fundamental is the rule of law.

-- in January 7, 2013, the CPC Central Committee Political Bureau, member of the State Council, the Central Committee Secretary Meng Jianzhu attended the national political and legal work in television and telephone conference and delivered a speech.

● hostEffect: China action network, the Southern Weekend Newspaper

● 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

In 2012 China influence action selection team

● leaderWu Ji

● the deputy leader of the groupDong Yanbin

● members: Zhang Wei, Zhou Yang, Su Yongtong

The research assistantXiao Nairu: Shao Lihua, Gu Ya, Gong Suni

● support: Beijing letter French public team

 

1 Wu Ying fraud case

[case]Wu Ying is the original Zhejiang Bense Holding Group Limited company responsible person, was arrested in March 16, 2007 on suspicion of the crime of illegal absorbing public deposits. 2005 May to 2007 February, Wu Ying promised to pay to high interest, investment, borrowing, capital turnover and other grounds, successively from 11 to raise 770000000 yuan. Wu Ying will raise funds for payment of arrears and interest, for real estate, vehicles and personal consumption expenditures to buy. In 2009 December, the Jinhua City Intermediate People's Court of first instance for fraud Wu Ying was sentenced to death. In 2012 January, the Zhejiang Provincial Higher People's Court upheld the death sentence. In April, the Supreme People's court did not approve the death sentence for Wu Ying, sent the case back to the Zhejiang high court for retrial. In May, the Zhejiang Provincial Higher People's court after a retrial, the final verdict on Wu Ying fraud case of the death sentence with a reprieve.

[effect] the predicament and outlet of folk financing

In the background of the rapid development of market economy, the current money supply has been unable to meet the enterprise's thirst for capital, which provide the development and the rapid expansion of the space of folk finance. However, the supervision and regulation of the folk finance is lagging behind, the government's attitude is ambiguous: both lenders and borrowers live together peacefully, government endorsement; once played a dispute, will punish severely. In view of the fact that business enterprise losses or funds chain tension has appeared, the boundaries between the law the legitimate private lending and illegal fund-raising crime, should be a clear legal. The ordinary criminal case evolved into social concern legal events, the Wu Ying case meaning that is.

 

Ten influential action selection activities
Effect of "action" (Impact Litigation) simply said, refers to a system of meaning, the larger social impact of the procedure, which may cause the legislative and judicial reform, causes the changes in public policy, the inspection principle of rule of law, public law idea, promote the typical case of guaranteeing the rights of the citizens.

Once a year the ten impact litigation case selection, lawyers, public, scholars, media, judicial organs, administrative organs, the legislature mobilized, the legal system of case and back, and then put forward the reform plan.

China ten influential action selection of annual since 2005, has been held for eighth years. This activity over the years by the National People's Congress, the Supreme People's court, the Supreme People's Procuratorate, the Ministry of justice, the Ministry of public security, Chinese law, legal daily and other units, and the all China Lawyers Association group, Tsinghua University, Peking University, Renmin University of China, support, China University of Political Science and Law, Beijing Normal University, Central University of Finance and Economics, Shanghai Jiao Tong University and other academic institutions and many jurists, has for the legislative, judicial, academia, the media and the public recognition and familiar. Since 2007, southern weekend has become one of the organizers, in the view of media, behind the case of communication to the public value of the rule of law.

The 2 Guiyang Li Qinghong shehei case

[case]In March 25, 2010, Guiyang City hospital in the first court hearing the case of Li Qinghong, finds its leadership of the crime syndicate, five charges, in July 12, 2010, the high court of Guizhou Province, to "a trial some facts and verdict is not clear" on the grounds, to rescind the original judgment, the retrial; prosecutors involved in increasing the number and accusations. Case, the case is reduced to the Guiyang City People's Procuratorate River District sued to the River District People's court. In January 9, 2012, the case in court grassroots River District Guiyang City trial, the court hearing, the defendant limit, media friends were shut sb.; trial lawyer to the jurisdiction of courts, illegal evidence exclusion, program illegal matters frequently protest, judge oral warning, the defend lawyer reprimanded repeatedly, and the spot will be 4 defense the lawyer out of court, because the defendant court refuses defence lawyer caused deferred trial. In the recess period, before and after a total of more than 10 lawyer was "remove entrust", after more than six months after the adjournment, respectively in July 23, 2012, September 19th, after a trial, appellate court on charges of organization, leadership, Li Qinghong constituted the crime syndicate, sentenced him to 14 years.

[the role of the court procedural justice and law influence]

According to the provisions of our constitution and the criminal procedure law, the court, the procuratorate and the public security organs shall, in handling criminal cases, division of responsibilities, cooperate with each other, mutual constraints, to ensure the correct and effective enforcement of the law. But because of various reasons, in many criminal cases, some courts too much emphasis on coordination of three institutions, restrict each other to ignore the three organs. In between the right of public prosecution and defence right, part of the former, the latter court favour contempt, resulting in weaken the defense of the accused and the right to appeal the case. How to protect the defendant's right to defense and criminal defense lawyer's right, is not only related to the effective law enforcement, but also related to the basic human rights of the defendant. In fact, the heavy entity light procedure is correct, common asked the trial, one of the important reasons for Guiyang Li Qinghong case selected is Chinese criminal defense lawyers in the courts has sounded the procedural defense was no..

 

3 Wang Laoji, the trademark dispute case

[case]Guangzhou Pharmaceutical Group and Hongkong group hung Road in 1997 signed a red canister Wang Laoji trademark license contract, valid until May 2, 2010. Since then, the group hung Road successively through bribery in Guang Yao vice chairman Li Yimin the Wang Laoji brand to extend the lease to 2020. In 2011 April, Guangzhou Pharmaceutical filed an arbitration claim. In May 9, 2012, China international economic and Trade Arbitration Commission ruled that the two sides signed by bribery, and the right to use the trademark contract is invalid, and asked the group hung Road to stop using "Wong Lo Kat" trademark.

[effect] behind private enterprise original sin and the interests of the game the right to use the trademark disputes

As a sign in the herbal tea market capacity of less than 200000000 yuan in case the right to use the trademark agreement rates using the Wang Laoji, whether the marks can be due to the rapid increase of trademark value considered undervalued? The core of the right to use the trademark system, what is unlimited to protect the interests of trademark owners, is to respect and protect those can promote the use of the trademark to maximize the value of the brand? In the face of this decision, we seem to have more questions.

 

4 friends of nature, green Chongqing Association, the Qujing Municipal Environmental Protection Bureau to pollution in Luliang chemical chromium residue claim

[case]In 2011 June, Yunnan Luliang chemical plant will be more than 5000 tons of heavy toxic chemical waste chromium slag illegal dumping in Qujing kylin mountain, near the Pearl River source caused by reservoir water is seriously polluted. In August the same year, the non-governmental environmental protection organization "Friends of nature", the Chongqing green volunteers union commissioned a public interest lawyer to investigate and collect evidence, environmental public interest litigation filed to the Qujing City Intermediate People's Court (Qujing City Environmental Protection Bureau join the list). In October 19th, the court formally accepted the case. In May 23, 2012 -24 day, the court organizations on both sides of the exchange of evidence. Since then, the case in the mediation procedure in the court organization. In December 6th the environmental protection department of Yunnan province history chromium slag treatment on the defendant passed the acceptance stage. In December 28th, the court organization, both sides reached a preliminary draft of the mediation agreement: the defendant is willing to bear full legal responsibility of environmental tort, including the cessation of the infringement, eliminate the legal responsibility and economic responsibility risk and environmental restoration, including the plaintiff, and willing to accept public supervision and audit of the three party.

The first case of [effect] folk environmental protection organization of public interest litigation

The emergence of environmental awareness is an important content of Chinese civil society in recent years, and occurred in 2012 in Qidong, Shifang and other places to environmental protection as the driver group meeting is different, Yunnan Qujing environment pollution incident, people choose public interest litigation, to seek justice through. The window of this case in three, one is the civil environmental protection organizations to become the first environmental public interest litigation plaintiff, will expand the main body of public interest suit to "grassroots organization", open new doors for public interest litigation; two is echoed the amendment to the civil procedure law, civil procedure law to increase public interest litigation become the typical public interest clause litigation cases; three further promotion will be written into the public interest litigation in environmental law protection promulgated amendments. We look forward to the future, the case can be the case guidance of the Supreme People's court cognizance, become China ecological civilization construction of the first guiding cases.

 

5 Shaanxi Ankang Feng Jianmei "in the" labor administrative punishment case

[case]In 2007, Shaanxi Ankang Zhenping county Feng Jianmei gave birth to a girl at the age of 17. In 2012 March, Zhenping county town of family planning service station has found the two time Feng Jianmei is 3 months pregnant, town jishengban asked her to migrate accounts for two, child birth certificate, but Feng has not do and prepare to go family. Town government staff repeatedly to dissuade the door. In June 2nd, Feng Jianmei was forced to the county hospital to terminate the pregnancy operation. In June 4th, Feng Jianmei husband's sister Deng Jimei in the medical staff are not present, the fetus from the delivery room to ward after photos, upload the photo network, social discussion. In June 26th, Shaanxi province Ankang city about the results of the survey and treatment decisions for women in Zhenping county Feng Jianmei induced events, identified as illegal responsibility events impose in induction of labor, and the relevant cadres were processed in Zhenping county.

[effect] the idea of rule of law to violent law enforcement of hygiene

Family planning is a basic national policy Chinese, in the last 40 years, China society has undergone enormous changes, and always remained the same and the effective implementation of the policy of family planning, is. Family planning essence although has not changed, but in form from the policy guidance to the legislation. Shaanxi Ankang Feng Jianmei "in the" labor administrative punishment case is selected, the national security and respect for human rights was written into the constitution, the management of family planning in violation of the first widely reported case. We see, basic policy and law, derived from the basic ethical principle; and then a good idea, when it entered the implementation level, must itself is legitimate procedure and can't touch the bottom line of ethics. Brutal law enforcement, not only can't cure the pollution of the river, but polluted the river. Feng Jianmei "in the" labor incident was exposed, until the local government administrative punishment the birth rights violations, the characteristics and the era of network.

 

6 Gu, Zhang Xiaojun homicide

[case]Bogu Kailai by their son with Neil Wood for the economic interest conflict, and that Neil Wood has been a threat to his son's personal safety, so together with the staff Zhang Xiaojun use poison to kill. In August 20, 2012, Anhui Province, Hefei City Intermediate People's Court on the defendant Bogu Kailai verdict, Bogu Kailai murder, sentenced to death, suspended for two years, deprived of political rights for life.

[effect] murder special significance

Bogu Kailai, Zhang Xiaojun homicide is the most common case in the application of the law, nothing new. Especially in this case is the background, the perpetrators identity. Chongqing because of "crime" was caused by the legal profession of hot debate, the case of the two defendant is Chongqing party was leading families, one is the family of civil servants. Originally led relatives may not be criminal perpetrators of the parties, the case of strange lies in "black" and their main protagonist of the shield and expose the process, which affect the whole country and the world's eyes, influenced the trend of Chongqing and China law, so there is no doubt become the 2012 annual impact litigation. The case is heard in public, but the relationship between the parties, perplexing mystery is still a topic of social concern.

 

7 Liu Yanfeng v. "cousin" salary information disclosure

[case]In September 1, 2012, Hubei China Three Gorges University student Liu Yanfeng disclosed to apply for the Shaanxi Province Department of Finance in Yanan traffic accident scene "smile" director of the Shaanxi Provincial Work Safety Supervision Bureau Yang Dacai 2011 Annual salary. The afternoon of September 20th, Liu Yanfeng received by Shaanxi Provincial Department of finance of reply, file the information disclosed to respond, said wage "does not belong to the Department of finance of disclosure of government information is not open". In October 9, 2012, Liu Yanfeng respectively to Xi'an Lianhu District Court and the district court administrative proceedings, request that the Shaanxi Provincial Department of Finance and administration of work safety of not disclosing information is illegal, the court not to initiate.

[effect] citizen consciousness and "micro-blog anti-corruption" rise

Network anti-corruption is usually to topple corrupt officials for the result, but in this case, as students of Liu Yanfeng chase, require public officials in things of wages, and this far down the corrupt officials I more important. Public officials pay, can let the citizens about the salaries of officials, helps citizens to determine whether corrupt officials. More importantly, if a citizen has the right to know the official salary, we from the official property declaration system of public is a step closer. Use the word is, "I hope you not only concerned about the treatment of director Yang person, more attention to public officials pay system development. That way, even if corrupt officials not to smile, he also can't escape".

 

8 Chen Pingfu post arrest

[case]2007 July to 2012 March, the Lanzhou unemployed Chen Pingfu in NetEase, Sohu, Sina and other websites, published, reproduced the 34 article in a blog or micro-blog, tell their owe debts to repay the prevalence and to read the University's son to raise the cost of living, the violin on the street selling art begging by administrative staff bullying experience. In September 4, 2012 the prosecution. Lawyers for the defendants innocence, claiming it enjoys superintendence, constitution of December 14th, the prosecution dropped to freedom, Chen Pingfu.

[effect] if the innocent, supervision right

The citizens through the blog, micro-blog in the Internet because of post convicted cases in recent years, has attracted wide attention. The reason of the proceedings of the 2012 ten big influence is that the defense lawyers pointed out: "citizens of Chen Pingfu's behavior by article forty-first of the constitution protection of citizens of the people's Republic of China, enjoy the state organs and civil servants supervision and the right to criticize. The supervision right of citizens, not because some people didn't like or what a misnomer to easily use the public power to be held accountable. The argument is accepted by the court and the society, so that all users have ease of mind, from a new point of view to find the constitutional basis of the freedom of speech.

 

9 the Mekong River Chinese crew were killed

[case]In October 5, 2011, 13 China crew in the Mekong region by gunmen shot, in October 15, 2011 set up the Mekong River China case project group, is responsible for investigating the case. In 2012 May, the project group will produce the Mekong massacre, "Golden Triangle" area occupied large armed drug gangs, captured. In November 6, 2012, the case in Kunming City Intermediate People's Court of first instance verdict, waxy Kang four defendants were sentenced to death, the other two defendants were sentenced to death and eight years in prison. After the verdict, the 6 defendants pleaded court judgment, appeal, in December 26, 2012, the Yunnan Provincial Higher People's Court of second instance court rejected the appeal, upheld the. This case is the first case of "foreigners in overseas for Chinese crime" in China court in accordance with the China legal case.

[effect] international era China extraterritorial protection of the rights of citizens

All the time, by a variety of reasons constraints, such as judicial assistance and other international cooperation barriers, foreigners in overseas for China citizens crime of major cases, and not in accordance with the provisions of the criminal law of our country that successfully by judicial organs, Chinese substantive jurisdiction. Because of this, the final form of the prime culprit waxy Kang is sentenced to death penalty, which would be the first case in China's judicial sovereignty. In the era of internationalization, overseas rights protection Chinese government to China citizens facing new challenges.

 

10 college student village official Ren Jianyu v. Chongqing Municipal Education Commission

[case]In 2011 September, college students "village" by Ren Jianyu of the Chongqing Municipal Public Security Bureau to publish "negative comments and information" for two years, sentenced to detention. In 2012 August, Ren Jianyu lodge an administrative lawsuit in the Chongqing third intermediate people's court at his father's agent. In November 19th, Chongqing City Detention entrusts with an "improper" on the grounds, the withdrawal of Ren Jianyu the detention decision, 20, open court verdict for Ren Jianyu sued over the statutory period, the court rejected the prosecution. In November 29th, Ren Jianyu appeal, requesting the court finds that the detention decision illegal, in December 28th, the appellate court and the court the court rejected the appeal, upheld the original ruling.

[effect] the system potential to change

Previously, the criticism system of reeducation through labor, still remain in the restriction of personal freedom of citizens legal basis, and any GW case is sparked further concerns, namely the reeducation through labor system is likely to be some local governments to limit free speech law privileges. Whether from the point of view of the legal system to safeguard national unity, or from the basic rights of constitution to protect citizen's departure, authorities should immediately begin to modify the existing system of reeducation through labor according to the relevant provisions of the Constitution and laws of our country; before this, at least shall strictly limit the scope of application.

Network editor: Xie small jump editor: Su Yongtong Shao Shiwei Intern