Suggestions of amending the criminal procedure law of 170th bill -
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Aaron Lewis
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Zhu Huaiyi, ID number: 110108193911191495, male, democracy promotion member, Chinese Academy of Sciences Institute of electrical engineering, retired senior engineer, the research results and can obviously improve the electric spark line cutting processing efficiency, reduce [DX-1] emulsified liquid broken wires fault, was listed into the special processing China Mechanical Engineering Handbook, recommended the use of the working fluid for [the].
For the realization of the CPC Central Committee five years anti-corruption in the planning of "strengthen running on judicial power, to strengthen supervision, the supervision of the administrative examination and approval authority running supervision" strengthen running on administrative law enforcement authority policy, modify the 170th criminal procedure law, to protect the legitimate rights and interests of the crime of malfeasance by the infringers to the criminal court prosecution case to register and get a fair trial, is to enable people to anti-corruption struggle can effectively carry on, and as the promotion of Justice legal guarantee.
Because our country is currently "trading power for money" and "money talks, bullshit walks" in fact is It is evident to anyone, but the lawful rights and interests are crime of malfeasance behavior of the above three victimized citizens, can only bring an administrative lawsuit: 'the prosecution of administrative examination and approval power, law enforcement power travel behavior, and asked to withdraw its approval', and judges are not afraid of the criminal law 399th stipulation: the deliberate violation of law, in administrative proceedings against the fact perverting the law department for more than three years in prison.In a flagrant way deliberately and pervert the law in violation of the law and the facts, is a cheese right as illegal interest group, and malfeasance crime, law enforcement power and the right driving interest service; you to intermediate, senior court results are still losing.You want to sue to the court and the procuratorate; first drag, card or no echo, do not give the answer, so you won't be able to prosecute them to the Criminal Court of malfeasance crime, so they defy laws human and divine malfeasance crime is difficult to be corrected, the offender is also very difficult to be investigated for criminal responsibility, resulting in judicial injustice and perverting the law meet the eye everywhere.
"170th criminal procedure law": [private prosecution cases including the following cases:......The third paragraph is: (three) the victim has evidence to prove that the infringement of their personal, property rights of the defendant's conduct should be investigated for criminal responsibility according to law, the public security organ or the people's Procuratorate shall not be subject to criminal liability of defendants in the case.
I suggest that the criminal procedure law of 170th of the three paragraph is revised as follows: [(three) the victim has evidence to prove that the implementation of administrative acts of the defendant, has violated their legitimate rights, but also in accordance with the criminal law and should be investigated for criminal responsibility according to law and puts forward the complaint, or the public security organ or the people's Procuratorate not on file, shall not be prosecuted for criminal responsibility of the accused in the case, although or receiving the complaint materials, but not the answer given in 100 working days, or the victim that the relevant departments of the defendant shall be investigated for criminal responsibility and penalty odd light case ".
So the revised paragraph third, as long as the jurisdiction of drivers, knowingly violate the law, the administrative adjudication activities contrary to fact and pervert the law, should be more than three years in prison.This will greatly reduce the judges deliberate and pervert the law phenomenon, (in addition to take bribes and bend the law, defy the law above); China's judicial injustice situation will obviously torsion.Similarly, the people's Procuratorate malfeasance to also can use the revised paragraph third for criminal prosecution, shall be investigated for legal responsibility and the duty crime.In this way, the people's Procuratorate judicial supervision will be in China's anti-corruption and play a great role in promoting the judicial justice.
The proposal is on behalf of the interests of the residents, the prosecution Planning Bureau [], illegal approval of bureau of fire [illegal examination and approval, approval, not as], [], illegal approval of bureau of Commerce in six cases, were more than a dozen court perverting the law, to the people's procuratorate accused no reply.The six cases except two case of the first instance, is perverting the law occurred committee secretary Wang Anshun in charge of the Committee.I repeatedly asked the Secretary of municipal Party committee, mayor and Secretary of politics and Law Committee Wang Anshun wrote, and apply to face the trunk road wall graffiti or Zhang hang singled out the Committee Secretary [Wang Anshun Zhang Commission of politics and law in the area of perverting the law, not correct, why Anshun] slogan, they did not reply.So this "application" as the proposal of background material accessories:
Spider - man tell you:The city of ShanghaiThe intermediate court of Song Zude 'second'. Mostly a superficial reform. According to statistics, I told the administrative units of lawlessness, pervert the law approval permits and six cases of administrative omission is the primary, intermediate, advanced court perverting the law and lost. I send the registered letter to the Secretary of Municipal Committee Secretary Liu Qi and politics and Law Committee Wang Anshun, if not corrected perverting the law, will face the main roads of the residential building wall graffiti or hang up protest slogans [Wang Anshun Zhang politics and Law Committee in Beijing City, perverting the law not correct, why Anshun
; Liu Jingmin tube bureau of justice, judicial injustice is difficult to stop, how to respect people]. They pretend I do not see the four registered letter and dare not to say. Let perverting the law run amok. Whether it out of your mind
The application - in my residential area, graffiti or display the following slogans to protest:
[Wang Anshun Zhang politics and Law Committee, perverting the law is not correct, why Anshun; Liu Jingmin tube bureau of justice, judicial injustice is difficult to stop, how to respect people]
ApplicantZhu HuaiyiID number11010811191495Gender: male, age: 72, nationality: Han, address: Zhongguancun north two
No. 4 Building 301 room units: Academy of Sciences casiee Chinese, retirement engineering, Tel: 62577554, zip code: 100190
Application: apply to gas station behind No. 23 Zhongguancun East Road, Beijing Railway in Haidian, I Zhongguancun north two 1-8 floor residential area of graffiti
Or hang up protests of three levels of courts, perverting the law and Wang Anshun Liu Jingmin of dereliction of duty for perverting the law, judicial injustice and malfeasance examination and approval management
The slogan, to cause our city party secretary, Secretary of politics and Law Committee, the mayor and vice mayor in charge of Judicial Bureau relevant responsible person attention to mining
With the effective supervision measures, the second intermediate court to our prosecution 'Beijing Business Bureau illegal granting retail of refined oil license'
Second, a fair trial results - decision to withdraw the "retail of refined oil license"; and shall be subject to the relevant units to the administrative examination and approval,
The examination and approval, perverting the law and judicial use illegal means legal responsibility for its illegal construction services to owners of; closed according to law, to ban the still
There are illegal construction, although the fire department "ordered deadline to correct", and still do not change the Beijing Railway Haidian gas station.In order to maintain the dignity of law and my home
The legitimate rights and interests of the people.
The reason of the application and the main facts, legal basis:
First, the gas is by unfair means, to apply for rehabilitation in new gas station design, bidding, illegal construction and illegal approval of the name
And the illegal construction units and construction refuse to correct.1992Years,ApplicantZhu HuaiyiThe Chinese Electrotechnical Institute of physical and chemical
Technology Research Institute (formerly the center of low temperature) combined with built in Zhongguancun north two "1-8 floor area", the small east wall is the Tsinghua Yuan station residents
The heating boiler room, green space and the yard, the night often hear the sound of discharge, before and after 2000, the municipal planning to repair the main road (now Zhongguancun road),
Has this station to Qinghe another building, so goods station of state-owned land shall be returned to the land bureau.After the completion of Zhongguancun East Road, building 1-8, small I "
"Eastern District and the main line and the freight yard adjacent.But in the spring of 2002, in the "open gas station can earn big money" fashion, in
That document issuedAround the new gas station, must be submitted to the provincial economic and Trade Commission, according to the gas station development planning and design requirements
With approval, the approval documents for the land, planning, fire and other procedures......Expansion, renovation, relocation, gas station should be submitted to the provincial
Economic and Trade Commission approved......] - only rehabilitation without strict examination and approvalAfter the Beijing Railway Sub Administration; therefore started a "Drill rehabilitation gas station does not need strict examination and approval
Loopholes "Illegal activities: Beijing Railway Bureau to the Municipal Development Planning Commission"About the historical iron Beijing Tsinghua Yuan gas station for" pretend:
[for municipal opened a road, the original internal gas station freight yard occupied, application and Sinopec Beijing branch cooperation rehabilitation Beijing JINGTIE Tsinghua Yuan
Gas station, the application area of about 2000 square meters, for building construction area of 379 square meters, construction area of 900 square meters']
(witness according to 3); because the so-called [original yard internal gas station] is not the municipal road occupation, its place in the "international Choi Building" the East
Zhongguancun Road No. 3.Then use deceptionMunicipal Development Planning Commission(2002) 1540 [approval] and the City Planning Commission (2002)
No. 1764 [Planning submissions]; but the [Planning submissions] according to "historical construction area must be with the original size" provisions, and
According to the applicant himself; the internal gas station is two bungalow], so the decision [Planning and design requirements: control the scale of construction is 120 square meters;
Building concession Road West line of not less than 20 metres.[provisions]: [on the approved project has a total construction area of 120 square meters, construction contents
Gas station building and ancillary facilities (see Exhibit 2).The gas station industry opinion issued (2001) No. 72 document and city planning law > <
Regulation: "planning permit" must be based on the opinion of the [Planning] "design requirements" strict examination and approval.The < > Provisions [total construction design requirements
Control the size of 120 square meters, construction concession Road West line of not less than 20 meters], for a total construction land 2421 square meters; such as building back according to law
Let the road west line of not less than 20 meters, only 850 square meters, and the land ofResidents of heating boiler owners unwilling to remove,It did not
Method to design the legitimate gas station.But in the interests of drivers, engage in illegal design the owners by illegal means, first with a special 'key' means,
Intentionally violating the provisions of the fire [approval] and [Planning], ultra vires approved design of the new 316.48 square meters of illegal {} of the gas station.
After the fire has been audited in station west, total capacity of 120 cubic meters of oil to 5313 square metres of residential buildings on fire from a distance of 12 meters, channeling
Changed to 6.53 meters; and special 'key' means, make the Planning Commission deliberately violate [approval] and [Planning] "city planning and design requirements
Act 32 stipulates ", ultra vires approved the new 316.48 square meters of gas station] (2002) No. 1677 'construction project planning permit'.Thereafter
The station was in violation of planning permit play the gangster, in the south of the station distance I residential building 12 meters, the total capacity of 120 cubic meters or buried four
A tank.The city fire department and the City Planning Commission, will cover the gas station's illegal activities, though both have identified four tanker to embedding genus
Law construction, only be ordered to shut down, and don't take compulsory measures, remove it in accordance with the law.We complained to the mayor Wang Qishan, he granted to the law
Business office, City Office of legal advice is: [you are intellectuals, should be through the court proceedings to protect the legitimate rights and interests.
Second, our many times there is good reason for the lawsuit, has perverted the law, not to scribble or hanging signs in protest
A residential area residents. On behalf of my (Department Bureau Wang Tingyuan retired cadres -- CAS low temperature center Party Secretary and Zhu Huaiyi three people), 2006
Years of the City Planning Commission "illegal prosecution granted planning permits"; {reasons: 1.Deliberate violation according to Party "to rectify the order of the socialist market economy
Policy "2001 state made 10 document" and formulate issued (2001) No. 72, No. 18 (2002) the core content of the file - Yan
Lattice new access gas station: [around the new gas station, must be submitted to the provincial economic and Trade Commission, according to the gas station development planning and design requirements
Examination and approval, the approval documents by the registration of land, planning, fire and other procedures......Expansion, renovation, relocation, gas station should be submitted to the provincial level the
Trade Commission approved......].And the provincial economic and Trade Commission on its professed [for the original internal gas station is new road occupation] by [from] the "rehabilitation project
Reply: "only you unit rehabilitation instructions received, through research, agreed in principle, replied as follows: the total construction area of 120 square meters, including building and
The affiliated facilities].And the City Planning Commission approved project deliberately violated the "Regulations" and the city planning law 'thirty-second', the term "planning permission
"The right to grant the license and the new 316.48 square meters of gas station], is guilty of ultra vires grant [new] and [expansion] error; and say don't change; because of its
Design requirements: [control the scale of total building is 120 square meters, construction concession Road West line of not less than 20 meters], and the "license" the number
: [a total construction area of 316.48 ㎡, and concession road building west line is 0 meters.2.He found the City Planning Commission deliberately in the 'planning
Permit for approval table ', the planning permit actual approved a total construction area of 316.48 ㎡ only 120 square meters of deception, escape from prison leadership
Police misconduct.3.Asked the City Planning Commission, in accordance with the demolition of the station two in violation of planning permit provisions of the oil depot; 4.Planning Committee
To cover a number of illegal activities of the gas station owners: the owners for engaging in illegal and will fire audited in the oil depot to the station
5313 square metres of residential building "fireproof distance 12 meters", the "fire" for a distance of 6.53 metres and was [planning permit], and 'legitimate
Fireproof distance should be at least 14 m}.The Committee received my resident representative to report illegal activities planning committee designated above, not to remove illegal
Oil depot, is to serve the interests of the law as a builder.Our prosecution by the Haidian court of appeals perverting the law after losing, Planning Commission
Staff will be the legal representative of the 'common sense' disregard of building industry. In the first intermediate court of second instance court: "the tent is [building],
The area is not included in the total construction area of "ignorance" - even pretend to breach of privilege, perverting the law justification for error.More on
'' on the "administrative licensing law approved by the license must be legal for the law:" common sense rules for people place is [built
Building].Senior court sentenced more perverted Hu: [the City Planning Commission is according to our country "city planning law" article thirty-second [according to planning and design requirements of nuclear
Issued planning permits, its behavior is not inappropriate.Because judgment without a judge named, is not easy to trace the person of perverting the law
Crime, it rejected the retrial of the case for our reason dare "confuse truth and falsehood".Although the three level courts repeatedly perverting the law; but I
The "undo the City Planning Commission planning permit requirements", won the Municipal People's Congress proposal support,Planning Commission official letter to the people
Representatives of residents and I replied: [I appoint already on the station identified as illegal construction, has been ordered to cease; and requested the construction unit[planning permission
Can set position construction permit], or do not giveAcceptance, the gas station if you want to change the oil depot construction position, it must be re declaredPlanning permission
PermitBy the public, and to seek the views of nearby residents.And verbal explanation said: {such as publicity, residents of rational, I appoint will not approve its
A new license, so no acceptance of my permission, the gas station can't do it.But in addition to protect the three Court, in
Bureau of Commerce and other units of the malfeasance harbor, is open for business to make moneyThe.
Two. In the same year the three representative district residents sued "City Fire Department fire protection design of illegal Grant No. 014 audit opinions", the main facts and reason
To: 1.The defendant violated the country trade [2003]2 document requirements: [the public security departments to the new, relocation, alteration, expansion of the gas station, should
Strictly in accordance with the relevant requirements of fire laws and regulations and technical specifications in accordance with the law of fire protection design review and acceptance, the fire hidden danger by the deadline
Rectification, not to overdue gas station shall be ordered to stop business, and submitted to the people's government at the same level shall be closed down.Visible the defendant to illegal
Construction, also refused to remove the owners to 014 documents, is the deliberate violation of economic and trade of [2003]2 document and the fire law violations.2.
According to the State Council (2001) No. 72 document, the defendant has no right to approve new construction and expansion of gas station, not only should cancel this Permit, but also for the negative
A responsible person and the ultra vires approval and the expansion of new responsibility.The control of administrative litigation law fifty-fourth, administrative license shall also be revoked ultra vires approval.
Because the application is renovated, [approval] and [Planning submissions] only approved construction to control the size of 120 square meters, but the fire to
The new 316.48 square meters of > 036 permit gas station ", was the No. 1677 construction planning permit owners.(3) the defendant to 014
No. of approval, "has not the Beijing City Fire Department fire protection design of buildings" provisions of the audit specification must bid
Design for the set {Planning Bureau approval notice} or provide statutory conditions] planning submissions of legal validity of planning submissions] [al has super
The effective period of two years, the defendant in violation of the provisions of the planning permit for planning submission for approval according to the planning permission, and that the provisions of [where
Construction regulations against this license, are illegal construction.So the defendant violated fire law, the administrative licensing law, planning, approval is illegal
Method; 4.Method: violation of fire tank on road distance does not meet the [gas station design standards] mandatory; and to agree to the oil storage
In the gas field of underground, no violation of mandatory rules of standard (by oil tank cover around 1.5 meters range is the danger zone legal < two level fire explosion
>, this area gas, occurrence of explosion gas station is much higher than legal).5.The fire department in deciding to grant a license before No. 014, also not in the
Method of informing stakeholders of the statutory procedures.6.The agency grant no. 014 license to cover the 036 buildings and walls to permit oil depot
Illegal audit fire distance are violating the mandatory provisions [Specification] gas station's guilt; and the abuse of authority for approval for cooking fire, and went into the
Illegal construction of the dead end of the interests of the owners of service.
But the trial of the case, the hospital is in for the crime of embezzlement, bribery, perverting the law sin was sentenced to death suspended when the Xicheng District court Guo Shenggui's palm
Control, and perverting the law we lost.After the appeal, the court of second instance with no interpretation of the illegal "letter of explanation:" [pavement edge machine
Dynamic lane edge, rather than planning red line - the edge of the pavement] nonsense, overwhelmed with planning submissions legal {stipulates that: "building
Building concession Road West line 20 meters >}, perverting the law we lost.
Three. I'm suing construction do not perform their statutory duties, the reason is that I could explain only by its interpretation of the [gas station the mandatory provisions of design code,
And [explain letter] has been drafted and the experts and law department for review by the.But they fear this [explain letter] will become our appeal to win in
According to the law, the judge embarrassed, just don't give me the letter [explain].The case is being in a court ruling by law: [not on file.Appeal to
The high court ruled by law, but also in vain: [not on file]!?Therefore I write of the high court, asked the judge why bad conscience
Again and again to pervert the law ruling?Write again asked said: [to my senior court built top philanthropist of the hospital] Liu Qi of secretary of municipal Party committee; they did not dare to reply.
Four.In 2008 I'll sue "fire department law grants the station to approval license" - the violation of Fire Law ninth: the approval is illegal
Construction.Is the western city court and a court perverting the law we lost.
Five.I'll sue "fire department does not perform the fire supervision" -- is the legal reason in 2004 ordered the station correction of unauthorized construction
Illegal oil depot has not removed according to law; in May 7th found that the owners of unauthorized buried oil depot, deliberately delay to the depot after the completion of the June 2nd; only
Issued the "notice shall be ordered to make corrections"; the fire department promised to complete the demolition of four tanks also fails to perform in the acceptance of the.Is the western city court and a court
Have perverted the law I charged fire department fails to dismantle its illegal and unauthorized construction of oil depot "notice shall be ordered to correct" and have more than two years
Legal prosecution, and reject.That is to say: [as long as illegal builders, in some way, the fire supervision and law enforcement, listen
By the offender refuses to dismantle illegal construction without accountability, drag over two years later, their illegal activities by [legal protection and feel helpless.This
Is not the "administrative procedure law" [the maintenance and supervision of administrative organs in accordance with the road authority] purpose, metamorphic: [to maintain the administrative organ that Du
Professional tool] to serve the interests of illegal builders?
Six.In 2009, I went to represent the interests of the residents sued (City Business Bureau illegal grantJinghai No. 089 < retail of refined oil business license "requirement
Decision to withdraw the < retail of refined oil business license ").The main reasons are: {The defendant does not perform or deliberate violation of the Ministry of Commerce issued in 2006
<The provisions of the measures for the administration of the market of finished product oilManagement regulations for the refined oil market in accordance with the law, to do not meet the statutory conditionsBeijing Railway Haidian gas station,
Grants the Jinghai No. 089 "Retail of refined oil business license.Because of theThe finished product oil market management measures shall apply for<Retail of refined oil business license
The unit must submit documents,The lack of the necessary files five1,
: lack of gas station and its supporting facilities of the property documents; 2
Acceptance of oil depot, planning and construction departments issued by the gas station and other facilities of qualified documents; 3, the lack of
allows its building area is 316.48
M of the use of land; 4, the lack of qualified acceptance of the environmental protection department documents (only in 2005 the station in order to engage in shutdown state
The validity period of three months of trial operation notice "allowed").5, the lack of [Should also be submitted to the provincial administrative departments of Commerce of the newly issuedArea of 316.48
Square meters confirm file] gas station, the station was used in Municipal Development Planning Commission(2002) 1540 content "on rehabilitation for agreed in principle, the total
Construction area of 120 square meters of the approved project "[] to replaceIssued by the competent department of commerce at the provincial levelGas station construction planning and confirmation"The new total construction
Building area of 316.48 square meters of the "gas stationFileThis of course does not meet the statutory form.The trial of the caseDongcheng court was ruled by law
V. [the plaintiff without litigation subject qualification], dismissed the suit].
In theDongcheng court case of August 13th, I went to theBeijing City Hall mayor Wang Jinlong
, Secretary of the CPC Beijing Municipal Committee Liu Qi, Beijing City
Security Bureau registered mail "in the 23 Zhongguancun Road gas station, my neighborhood up protest slogans application",And ask them to pay attention to Dongcheng court
8On 18 day trial of the 'V. Bureau of Commerce illegal examination and approvalRetail of refined oil business license '.But failed to makeDongcheng court;
Because of the day before and after the city [in armed police patrol situation] and the Haidian Public Security Bureau: [ifZhang Gua protest banners, will be removed, as well as the
They said: [to reflect problems]; it has not yet been hanging out with protest banners.In my Dongcheng court ruling of law after an appeal,
In November 26th I gaveBeijing City Hall mayor Wang Jinlong
, Secretary of the CPC Beijing Municipal Committee Liu Qi, the committee secretary Qiang Wei, the Beijing Municipal Public Security Bureau
Registered mail "in the 23 Zhongguancun Road gas station, I scratched or display area residents protest banner application", and added some protest politics and Law Committee
The book, dereliction of duty of the slogan; due to the letter were returned, party politics and Law Committee identified now books as Wang Anshun, in charge of the Bureau of justice of Liu Jingmin
Vice mayor);So now the third time put forward"Application in writing or hang up my residential quarters following protest slogans", ---
[Wang Anshun Zhang politics and Law Committee, perverting the law is not correct, why Anshun
; Liu Jingmin tube bureau of justice, judicial injustice is difficult to stop, how to respect people].And at the same time directly registered post to the Secretary's Legal Committee Wang Anshun, in charge of the Bureau of justice is the deputy mayor Liu Jingmin each one copy of the application.In order to promote them to fulfill the leadership and in charge of responsibility, with practical effective measures, the second intermediate court shall hear my appeal; if they fail to fulfill the leadership and management responsibilities, not correct on the case of "judicial injustice" and "perverting the law"; we will take the following protests against the action:
In a 23 Zhongguancun Road gas station, the residential area of residential buildings for Zhongguancun east wall graffiti or display comprises a protest
Politics and Law Committee Secretary Wang Anshun, vice mayor Liu Jingmin in charge of the Bureau of justice of dereliction of duty and other slogans (the wall painted graffiti, convenient):
Wang Anshun Zhang politics and Law Committee, perverting the law is not correct, why Anshun; Liu Jingmin tube bureau of justice, judicial injustice is difficult to stop, how to respect people.
How to strengthen the supervision of judicial power, authority, law enforcement power to exercise.
The protests of three level courts perverting the law gas station.
I have illegal examination and approval, illegal approval gas station construction against the City Fire Department
The city fire department be forgetful of one's duties, it shall be ordered to make corrections for five years, also not to remove the illegal oil depot.
I protest against the city fire department cover up illegal behavior of the gas station
The two Office Depot this gas station are no planning permit!No property permits, how operation?
The slogan of a hexagram (I live in district hospital, does not affect the appearance, but also harm the traffic and public security, public security department if the piece of Gua slogan behavior is illegal, please according to the piece of Gua slogan behaviour is not legitimate legal basis; if the piece of Gua slogans have not content, please in accordance with the law, pointed out that, in order to modify the.If after 30 working days, not a formal reply as agree that this application)
Two, to the Organization Department of the CPC Central Committee and the Supreme Procuratorate, sue me in charge of politics and Law Committee, judicial bureau, fire bureau, Business Bureau, the Planning Committee and other officials of dereliction of duty, of things, to prevent the ill promotions, convenient departments remind them with practical action to correct that approval, to judge error.
Three, to the criminal court action three levels of courts, judges make [] because of the crime of misuse law in adjudication, criminal law 399th: [deliberate violation of things in the trial
Implementation of perverting the law and the law, three years or more in prison], to investigate its legal liability, in order to maintain the dignity of law and legal residents
Rights and interests.Until to the highest court.Yours sincerely
Secretary of the Beijing City Hall mayor Wang Jinlong, vice mayor Liu Jingmin Liu Qi, Secretary of the CPC Beijing Municipal Committee Wang AnshunBeijing City Public Security Bureau
Once again the applicant Zhu HuaiyiIn 2009 December 10Day
CC: Deputy mayor Chen Gang, second intermediate court, China Supreme Court 2009.11.20