|
|
Plaintiff "on the office computer's hard drive disassembly Zhangbo Qing note" show, Zhang Bai Qing computer office of party decided at a meeting to be searched.
March 2009, Danfeng County of Shangluo City in Shaanxi Province occurred torture causing death Rong Xu Terrier events. At that time, Danfeng High School student, 19-year-old Rong Xu Terrier Detention who were arrested on suspicion of murder. March 8, suffered due to torture, Rong Xu Terrier sudden death during interrogation.
Video: When high school students tried sudden death family questioned torture Source: Shaanxi TV "Tonight broadcast"
Rong Xu Terrier tie together triggered a case. Between March and April 2009, and Xu Rong stems three events related to the net posts, leading lives Xian Zhang Guoqing, Zhang Bai Qing two brothers have been taken away by police Shangluo, Zhang Guoqing administrative detention for 10 days, Zhang Bai Qing for "alleged defamation" criminal detention.
In November 2009, turned posts of private prosecution case, Zhang Bai Qing were four people Shangluo police court.
Rong Xu Terrier event thread libel trial
The reporter leaves Iron Bridge Sun Haihua
March 8, 2009, Rong Xu Terrier after the incident, talking about the Internet, which caused three net posts Shangluo City, Shaanxi Province, the police's attention, these three net posts were Shangluo police found with Zhang Guoqing, Zhang Bai Qing fraternal relationship, They then detained.
This three net posts directly involved in Shangluo Municipal Committee, Political secretary Municipal Public Security Bureau party secretary He Tiehu. One of which he wrote: "Danfeng County high school students Rong Xu Terrier wrongfully tried cases worse than the sudden death of hide and seek event (was) more fundamental reason is that the public security violations Shangluo promoted indiscriminate use is some rogue employers, literacy, bullies.. political commissar of the Public Security Bureau of Danfeng Wang hole already is a leader of the driver, was on sick promoted against the wind, so the political commissar of how to protect the public security ranks. "
Another wrote: "In the future Rong Xu Terrier miserable than the case will be more and more Shangluo City (CST) Standing Committee, Political and Legal Committee, Public Security Bureau, the party secretary promoted so forcefully against the wind these days is covered with several diseases. POLICE devil: a Hill County police captain Rao Yuming, with people beaten to death last year for agricultural truck drivers murder, (by) party a serious warning; one is Zhashui County Public Security Bureau deputy director Zhang Jun resentment; and one is specifically why Tiehu plot opposite, pick up opponents, the direction of the municipal police detachment vice captain Li Jianfeng Xu Terrier Wing cases (drunk driving ministries and agencies to inform them). "
In an interview with reporters in 2009 Shangluo, Shangluo City Public Security Bureau files dossier provided Shangzhou Branch clearly wrote: "March 22, 2009, the Office of the Municipal Public Security Bureau deputy director Network Supervisor detachment Shangluo Internet monitoring information in accordance with The instructions to the content on the Internet about Danfeng County Rong Xu Terrier deaths and defamation Shangluo Municipal Committee, Political Committee, Municipal Public Security Bureau party secretary be punished. "
However, after the detentions occurred in November that year, Shangluo police changed his approach. November 2, Shangzhou Public Security Bureau issued "the decision on the withdrawal of public security administrative punishment decision Guoqing", revoked the administrative punishment decisions made before it, and return the administrative fine of 500 yuan, but also when Shangzhou Branch Secretary Zhang Guoqing apologized for.
After 3 days of November 6, Shangzhou Public Security Bureau two police found Zhang Bai Qing Xian, also brought two written decision for the "Zhang Bai Qing defamation case" - "to dismiss the case decision" and "Release on bail a written decision "But Zhang Bai Qing did not sign.
November 19, 2009, Zhang Bai Qing received the court summons, was told involving four parties in the net posts, four people to "defamation" against him sued, Shangluo City, Shang and Zhou District People's Court accordingly summoned Zhang Bai Qing in at 9:00 on November 23 to the Court Criminal Division to accept the "ask."
This four private prosecutors were Shangluo City Public Security Bureau police detachment commissar Li Jianfeng, Shangluo City Public Security Bureau patrol police detachment Zhang Dan, Hill County deputy police chief Rao Yuming, Danfeng County Public Security Bureau,http://www.8liuxing.com/home.php?mod=spacecp&ac=blog&blogid=, political commissar Wang Hongwei.
November 23, 2009, Zhang Bai Qing and counsel to the Shangzhou District People's Court contesting jurisdiction. Shangzhou District People's Court rejected an appeal filed Zhang Bai Qing, Shangluo City Intermediate People's Court ruled that the revocation of Shangzhou District People's Court ruling. Ultimately, the case go to Yanta District People's Court.
During the trial November 5, 2010, the four agents of the private prosecutor read out the indictment of four people. Wang Hongwei plaintiff alleged that on "political commissar of the Public Security Bureau Wang Danfeng hole already is a leader of the drivers' That passage, although not to mention on his post," but people all know are talking about me, "" let the moment this information People talking about me, friends and family called to ask about my condition, walking in public often hear people talking do not know ...... I want to know my body has been very good, not sick, I have a time I do not know how to explain to friends and family, are afraid to go out, distracted, often fall into a trance, sleepless nights, eat, psychological stress ...... "
"I know people have been posting Shangluo City Shangzhou Public Security Bureau on file for investigation, identified as Zhang Bai Qing committed, I was surprised, I work with Zhang Bai Qing no contacts, no contact life, but in August 2006 as a colleague once her daughter off the feast, introduced by others just know it. I have no dealings with his prime,http://forum.cs16.ro, no injustice Wu Chou, I really can not figure out why he insult, slander me ...... "Wang Hongwei insult respondent requested the court to be held libel laws responsibility.
For "One is resentment of Zhashui County Public Security Bureau deputy director Zhang Jun" phrase, the plaintiff alleged that Zhang Dan, "although mention is Zhashui County Public Security Bureau deputy director Zhang Jun, but Zhashui police leadership I am a surname, Zhang everyone knows that means me. "
Zhang Dan said: "Zhang Bai Qing in my article published online defamation, immediately aroused great concern to the major networks and public opinion in a few days time, has been reprinted many network and blog, comment, with tens of thousands of users. software, sound overwhelming condemnation, a non-existent, fabricated slander others quickly evolved together post significant news events involving the police. "
Zhang Dan said: "This message is for me a great insult and defamation ...... like a bolt from the blue, to my spiritual and reputation caused by the strike and defamation insult to my personality caused great harm to this ...... Information once made me into not eat day and night sleepless state, trance, distracted, causing depression ...... "
Dan requested the court to pursue the respondent insults, criminal liability, compensation for moral damages for defamation of 10,000 yuan.
In addition, and also described the suit in their own spiritual being of "great harm", they also made the same claims with Dan.
Zhang Bai Qing argued that citizens enjoy freedom of speech guaranteed by the Constitution, citizens have the freedom to criticize and make suggestions to anyone. He said he did not know the four private prosecutor, no grudges, hate them, he did not intend to slander others, and therefore can not accept the proceedings against him.
Zhang Bai Qing told China Youth Daily reporter said, can be seen from the development of the case, behind a public authority mischief. Previously, he was detained on suspicion of criminal libel, but according to "People's Republic of China Criminal Law" Section 246 provides that in cases affront others or fabricating facts to slander others, "Tell the just treatment", belonging to private prosecution, the result no one a private prosecution on XingJu. Although later corrected, but he was to have a say in the process of being told "you are more people behind private prosecution was" really, and that they are Wang Hongwei, Zhang Dan, who sued.
Zhang Bai Qing believes that these prosecutions are after in the event of Shangluo City Public Security Bureau revoked Shangzhou Zhang Bai Qing were the case, "which is intended to discourage illegal investigators to pursue the responsibility." He said that access to private prosecution stage, sudden more people to "defamation" against him, some evidence also from the interrogation transcripts of Shangluo Jingfangxingju him, "everyone knows that this is how it goes."
Zhang Bai Qing Yao Yongan defender also believes that the four private prosecutor Shangluo police special identity strong personalities, there is suspicion of abuse of public authority. No matter what they tell Zhang Bai Qing legal evidence of slander, but it can not be a crime, the appeal of the matter can not be established,sexually]http://210.153.114.222/cgi-bin/tkbbs1/tkbbs1.pl?page_num=1]sexually, it should be dismissed.
The case is no court verdict. Newspaper Xi'an November 18 electricity
Rong Xu Terrier event thread libel then pull voir
Complaint letters to be an informer evidence for the prosecution
November 5, Rong Xu Terrier event thread libel in Yanta District People's Court in Shaanxi Province. Surprisingly, the case once again pull voir dire.
March 2009, Danfeng County of Shangluo City in Shaanxi Province occurred torture causing death Rong Xu Terrier events. At that time, Danfeng High School student, 19-year-old Rong Xu Terrier Detention who were arrested on suspicion of murder. March 8, suffered due to torture, Rong Xu Terrier sudden death during interrogation.
Rong Xu Terrier tie together triggered a case. Between March and April 2009, and Xu Rong stems three events related to the net posts, leading lives Xian Zhang Guoqing, Zhang Bai Qing two brothers have been taken away by police Shangluo, Zhang Guoqing administrative detention for 10 days, Zhang Bai Qing for "alleged defamation" criminal detention.
In November 2009, turned posts of private prosecution case, Zhang Bai Qing were four people Shangluo police court. (See November 25, 2009 China Youth Daily reported)
A year later, the case in Yanta District People's Court. However, the case once again pull voir dire,nike tn requin pas cher, told Zhang Bai Qing defamatory, except four Shangluo police sources, increased two, one is the Shaanxi Provincial People's Air Defense Office (hereinafter referred to as "Shaanxi Provincial Civil Air Defense Office"), deputy director of Du Cheng Zhang, a He is a former deputy director of the Office of Shaanxi Province Wang Demin assessment.
It is understood, Zhang Bai Qing Shaanxi Province Administration of Civil Air Defense retired cadres.
Even more surprising is that their evidence, there are several letters written anonymous complaint letters to authorities, and a letter reporting the object, it is their own.
Discipline inspection team leader and addressed to the principal leaders of units of complaint letters, come to be in the hands of informants
Nov. 5 trial was a full day, morning in the trial around 4 Shangluo police sources tell Zhang Bai Qing launched libel afternoon trial is Du Cheng Zhang, Zhang Bai Qing Wang Demin complaint.
China Youth Daily reporter received Du Cheng Zhang of "incidental civil action" shows that his "defamation" sued Zhang Bai Qing facts and reasons: "Since April 2008, the defendant Zhangbo Qing (on Zhang Bai Qing,nike tn requin pas cher, the same - Reporter Note) in its assessment of the total provincial units not ranked in the forefront, think that all this is caused by the unit leadership. So out of the current situation of serious discontent unit, the unit in succession to the provincial departments, municipalities and provincial civil defense leaders Office circulated anonymous speech attack on the plaintiff. "
Litigation write: "The defendant Zhangbo Qing anonymous letter to" Dirty Du Cheng Zhang intervene engineering engaged in corruption when it dealt with "in the title, said the plaintiff Du Cheng Zhang from 2005 to the Shaanxi Provincial Civil Air Defense Office later intervene in Xi'an, Xianyang, Baoji, Hanzhong, Ankang and other places Some projects, a little slack, making things difficult for people to find fault; conducting courses repeated use money 200,000 yuan out corruption; protective equipment designated enterprises in the province in 2007 in flagrant inspection cover security risks; operational safety hazards device into the subway addition. defendant Zhangbo Qing CCTV in the bar of the community it, Shaanxi city bar, Oriental TV it, Urumqi Evening bar, dozens of online media openly published, entitled "Du, deputy director of the Shaanxi Civil Air Defense Office equipment into the operating safety hazards Xi'an Metro!" " Xi'an Metro reproduction "hamster" "," corrupt elements still rampant, "" unclean Du, deputy director of meddling project risks and more "and other posts on Du Cheng Zhang personal attacks, also said a notorious record of Du Cheng Zhang,http://www.koyou.jp, deputy director of the harmful damage public and suppress the masses expose issues, and never allow it to continue corrupt dishonored Shaanxi air defense. "
Demin's "incidental civil action" shows exactly the same cause of action and claims its proceedings with Du Cheng Zhang, the lawsuit alleges "the facts and reasons" section of the first paragraph is also consistent with Du Cheng Zhang, the lawsuit also wrote: "The defendant Zhangbo Qing anonymous letter to "strongly urged to investigate 'political whore' Demin," "shady look at our civil defense" as the title, the attack against the provincial party secretary Wang Demin plaintiff Zhao Leji noted 'is the assessment unit to correctly deal with examination results, especially relatively poor examination results of the unit, from their own reasons, to seriously look for work in the problems and improve the level of 'requirements, put all the blame on the NPC deputies and CPPCC members, are victims of a pot of soup a mouse, urged the provincial party committee to investigate Demin political whore. "
The lawsuit also wrote: "In addition, April 13, 2009, the defendant in Shangluo Shangzhou Public Security Bureau asked the transcripts account, he wrote in the provincial civil defense veteran cadres at their computers," strongly urged to investigate 'political Bitch 'Demin, "the article said Air Defense Office of Shaanxi Provincial People's Government cadres Lin Liu Xun Wang Demin send-off ceremony for the plaintiff, the plaintiff Wang Demin put the 2008 Provincial Civil Air Defense Office informed assessment ranking Lin Liu Xun, in flagrant violation of organizational discipline."
Both books are in litigation, he wrote: "The defendant and the plaintiff anonymously posted online in the form of personal attacks, which severely distorted the facts alleged contents, purely fictitious, has given the two plaintiffs caused tremendous mental stress and loss of reputation The nature is very bad ...... defendant a series of actions have caused adverse social impact and political implications have been met characteristic libel, defamation, the court should be held criminally responsible. At the same time in view of the defendant's conduct has given the plaintiff with to irreparable mental damage, the civil part of the spirit of the plaintiffs special additional 100,000 yuan in damages. "
During the trial, for these allegations, lawyer Zhang Bai Qing Cheng Du Yao Yongan requirements Demin chapters show the original evidence.
To their surprise, the other court presented several letters of complaint letters with the original envelope. These complaint letters, only two did not specify a particular recipient, the rest are written for a specific person: when he has to discipline head of the Shaanxi Provincial Civil Air Defense Office, the current deputy director of the Shaanxi Provincial Civil Air Defense Office Du Cheng Zhang Wenhai reflect issue letters 4 ; have to Shaanxi Province Civil Air Defense Office director Peng with justice reflects letter Du Cheng Zhang issue 4; have to Shaanxi Provincial Civil Air Defense Office Discipline Inspection Group Supervision Office responsible in letters Du Cheng Zhang issue a; have to Shaanxi Province, Comrade Civil Air Defense Office of the Secretariat reflect Du Cheng Zhang problems Letters 1; and others transferred to the letters three, a total of 13.
"After the evidence submitted to the court in my party maintenance application,http://0556zaixian.com/bbs/forum.php?mod=viewthread&tid=350921, the court made the above evidence preservation." Yao Yongan lawyer said this kind of thing is extremely rare, and unit discipline inspection team leader addressed the principal leaders of complaint letters, Check out the results and report only has not been read at, but to be in the hands of the complainant, became an informer evidence sued for defamation!
Leaving their surprise, the plaintiff in court to present another piece of evidence shows that Zhang Bai Qing's office suffered searched.
Unit raided the office of the accused party organization
The "situation on the office computer's hard drive disassembly instructions Zhangbo Qing" wrote:
"In accordance with Office party meeting decided that at 18:30 on March 30, 2009, Comrade provincial discipline inspection team leader Wenhai Civil Air Defense Office, Deputy Director organs retirees Service Management comrades Shirong Chang ......'s Office for computer hard drives were used in the demolition procedure is as follows:
Shirong Chang office door open Zhangbo Qing; Li Qing opened using the host computer, the removed two computer hard drives; Cai Kehua on the removed hard drive model on-site registration and storage; Zhangbo Qing Zheng Hongyu entering office and demolition of the whole process of site camera, Yuan Jianmin disassembly and storage process was filming the scene, the whole process under the supervision of the discipline inspection team leader Comrade Wenhai be ...... "
The plaintiffs also presented a "Fujian CSI Forensic Center of Forensic inspection report" on this report indicate the commission to identify artificial "Shaanxi Provincial People's Air Defense Office",nike tn femme pas cher, commissioned matters identified as "duplicate sample material Reply Original documentation involved, posting, browsing web content. " Test results show that the identification center in the hard disk "Extract 3 parts of a word document relating to the case, to restore 30 page document and some fragments of content."
Yao Yongan lawyers believe the alleged illegal searches, illegal search. "Search should be carried out by the judiciary, to have a search warrant, the judiciary without a search warrant to conduct a search,http://demo.web300.cn/free8/Review.asp?NewsID=627, but also the illegal search, not to mention the meeting by the unit decided to conduct a search party?"
Yao Yongan that even discipline inspection departments handling the case, the search can seem incredible: "? Do not investigate the reported target, but do everything possible to identify the informer, What is the reason."
Yao Yongan that found with the letters match the content even on Zhang Bai Qing computer, we can not prove that these complaint letters that Zhang Bai Qing wrote, "We are applying for the preservation of evidence, but also to the Shaanxi Provincial People's Procuratorate filed a complaint calling for Their illegal search,nike air jordan femme, abuse of power investigation. "
Du Cheng Zhang told China Youth Daily reporter's telephone interview that the prosecution Zhang Bai Qing,http://luociren.com/home.php?mod=space&uid=42596, from "He falsely accused us, also falsely accused of all the party members", for further information, he said in Chongqing on a business trip, the phone that do not know about it.
Demin also told reporters the phone, Zhang Bai Qing "false me in examinations",http://mirabeau.mints.ne.jp/armgun/arm_cgi/armgun.cgi,nike tn homme pas cher, "in the absence of any evidence to insult my personality." A reporter asked, is to get these letters through what channels, Demin said: "This I certainly have channels," and for more details, Min Wang expressed reluctance to be interviewed.
The case is no court verdict.
Newspaper Xi'an November 18 electricity
Sudden death family questioned the source of high school when the torture trial: Shaanxi TV "Tonight broadcast" Play Video |
|
發表於 2015-6-26 03:34:03
收藏