The peopleThe matter has the complaint

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), deputy secretary of the CPC 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, make a fewUnscrupulous lawyerIn 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, good" 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, the defendant in theBefore February 28, 2013, a public apology to the plaintiff, 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