Chapter 45 Three famous jurists argued for me
After my lawyer and I collected materials related to Deng's framing of me through various channels, we first held a press conference in Beijing in our own name at the end of September 2001, and reported to Xinhua News Agency, People's Daily, Workers' Daily, and Political and legal reporters from more than 30 newspapers, including China Disciplinary Inspection and Supervision News, Beijing Evening News, and Beijing TV Station, published all the evidence of Deng’s frantic framing of me, and decided to file a lawsuit in the People’s Court through criminal private prosecution.
Yang Dunxian, a professor of the Law Department of Peking University, deputy director-general of the China Criminal Law Research Association, and a well-known jurist, paid close attention to this matter. He pointed out: "Deng's crimes are heinous. His behavior has violated the criminal law and should be severely punished. As a journalist , should have the courage to use legal weapons to protect their legitimate rights and interests; according to the relevant evidence and the degree of injury that reporter Ishino has so far, I think he can go to the people's court for defamation to file a criminal private prosecution, or he can go to the public security for the crime of framing The authorities will carry out criminal prosecutions so that the perpetrators will be brought to justice.”
My attorney, Liu Yuechu, believes that from the perspective of Deng's subjective psychological state, Deng's subjective intention of fabricating and spreading false facts is not only to make the private prosecutor Shi Ye subject to criminal prosecution, but also to ruin Shi Ye's reputation and harm others. Purposes of honor and human dignity.Lawyer Liu said that since the crime of defamation infringes on the right of reputation and personality, the object of the damage is invisible, so the fact that the personal rights of the parties have been seriously injured in this case is difficult to measure with money.
On September 28, 2001, "Workers' Daily" disclosed to the public for the first time on the third page titled "Criminal Self-Prosecution for Defending Rights of Journalists Framed for Criticizing Reports - This is the First Criminal Self-Prosecution Case of Journalists in China". , the full text is as follows:
On September 27, a press conference was held in Beijing about a case in which journalists were forced to use criminal private prosecution to protect their rights.It is reported that the reporter's criminal private prosecution is currently the first case in our country.
On February 22 this year, the front page of this newspaper's news weekend published in a prominent position a signature signed by Shi Ye and the title "Can only watch the heartless man get away with it? "'s long report disclosed that Deng Shixiang, a reporter hired by the former "Southern Metropolis Daily", used deceptive means to force the girl Chen Xiaoqin (also known as Chen Liangqin) to live with her unmarried and give birth to a son, and at the same time in Guangzhou with another woman named Li. Illegal cohabitation, and the incident of having a son and a daughter; on March 14, dozens of media such as "Shenzhen Legal News" and "Modern Express" published or reprinted this article.Regrettably, Deng Shixiang sent letters to the central leadership and relevant departments by means of reporting false cases and writing anonymous letters to report, saying that Ishino "hidden guns privately and was a gang leader; he has been engaged in terrorist activities in Beijing for a long time; "Fugitives with a negative case pursued by the Guangdong police" and so on, caused Ishino to suffer great physical and mental injuries.During this period, Ishino was threatened by Deng many times, and was investigated several times by the public security department who did not know the truth.After consulting senior domestic legal experts and relevant judges, regarding Deng's behavior and the serious consequences it caused to Ishino, Ishino decided to make a private criminal prosecution in order to better protect the legitimate rights and interests of a journalist.
Gu Liaohai, executive vice president of the Press Infringement Research Association of the China Behavioral Law Society, pointed out that according to Article 243 of my country's new Criminal Law, "Whoever fabricates facts to frame or falsely accuse others with the intention of causing others to be prosecuted criminally, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years." ; Article 246 "Whoever publicly insults others by violence or other methods or fabricates facts to slander others, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights". Deng's behavior is heinous and has violated A criminal offense should be severely punished.
Subsequently, many domestic newspapers reprinted this, and the first criminal private prosecution case of a journalist in the country, which was triggered by a reporter writing a critical report, thus kicked off.In this case, as the plaintiff, I am a political and legal reporter who has worked on the north-south news front for seven or eight years, and as the defendant, Deng is also a journalist. At the same time, it attracted the attention of the China Journalists Association and many domestic news organizations.
Although I knew that there would be a lot of resistance and troubles in starting this lawsuit, I did not expect that my road to litigation would be like a long march of thousands of miles, full of thorns and dangers...
On November 8, 2001, China's second "Reporter's Day", this is a festive day worth celebrating and commemorating for 800,000 journalists across the country.But this festival is not happy for me, a political and legal reporter. On November 7, I submitted a heavy criminal private prosecution to the Criminal Division of the Chaoyang District People's Court in Beijing. The only request in this criminal private prosecution is: the defendant committed the crime of false accusation and defamation, and requested the court to pursue his criminal responsibility according to law .
When I learned that the People's Court of Chaoyang District, Beijing had accepted my case, I never imagined that the following process would be so tortuous and long, and the final result was beyond my expectation.
I submitted a complaint to the filing division of Beijing Chaoyang District Court in the form of criminal private prosecution.After waiting for more than 20 days, there has been no news. I thought that the court in Beijing would not accept my case.In desperation, I decided to use the opportunity of my court session with Deng in Huadu to go south to Guangzhou and submit a statement of private prosecution to the People's Court of Haizhu District, where Deng works.Unexpectedly, on the second day after Deng and I went to court, I learned that my case had been filed by the Chaoyang Court for "defamation".They have issued a notice of filing a case to me in December.Since I was in the south at the time and could not return to Beijing in time, Judge Lu sent me and my attorney three times a notice of filing a "crime of defamation" requesting me to rush to the court as soon as possible.After I returned to Beijing, Lu yelled at me loudly and severely in front of my lawyer and a female clerk.Afterwards, the judge Lu Yanguang who was in charge of the case first warned me repeatedly: Without his consent, I am not allowed to accept any news media interviews on this case, let alone write reports at will.
In May 2001, Lu Yanguang repeatedly asked me to accompany him to the South to investigate and collect evidence. I had already been heavily in debt due to the lawsuit, so I had no choice but to say that I had no money to accompany him.Although the other party was unhappy, he finally made a special trip to Guangdong and Hubei to investigate.What I never imagined in my wildest dreams was that after Judge Lu came back from the south, his attitude was completely different. He repeatedly advised me to withdraw the lawsuit, saying that this would be beneficial to all parties, and that Deng Shixiang’s behavior was a normal one. , did not cause Ren Cheng any harm to me. Seeing that I did not agree, he even threatened me with rough language in court, saying that if I did not withdraw the lawsuit, Deng could also sue me for defamation...see several threats No, seeing that I insisted on my own opinion, he had no choice but to give up in resentment in the end.What is strange to me is that every time the judge made an appointment to meet and talk in the courtroom, he was there alone, and it was only at the last time that he asked a person in civilian clothes to sit aside...
However, in my long-awaited, on June 22, 2002, the court dismissed my private prosecution on the grounds that "the place of defamation in this case is not in Beijing".
In this way, my private prosecution case, which was filed by the court for "defamation" half a year ago, was finally rejected by the court.Deng, who was far away in the south, couldn't help being overjoyed, and became even more confident!Previously, when Deng learned that I had sued him in court, he dared not take any "actions" against me for half a year.Now, the phone calls openly threatened me, and started to frame me crazy again, causing my life and work in the capital to return to darkness again!
Although I am very puzzled by the behavior of a certain judge, as a journalist who has fought in the political and legal circles of the North and South for ten years, I believe that the people's court will give me a notarized statement one day.I believe even more that our laws are just.
I refused to accept the ruling of the court of first instance and decided to appeal.In order to submit more updated evidence to the higher court, I went to the Beijing Notary Office and asked the notary office to notarize the false accusation that Deng had published on more than one hundred websites a year ago.When several notaries saw those shocking words, they couldn't help being filled with righteous indignation: We have never seen anyone dare to slander a person so much on the Internet!It is a desecration of Chinese law that such people are not brought to justice!
With the help of my lawyer, I continued to appeal to the relevant higher authorities in accordance with the relevant legal procedures. At the same time, I also followed the example of many ordinary people who came from all over the country who had been wronged and wronged. The Municipal People's Congress and other departments petitioned.After some petitioners learned about my experience, most of them exclaimed in amazement: Why did your reporter even come to petition?Can't you use the news media for exposure?
I had no words to answer, I could only smile wryly.
On June 26, 2002, with the support and help of relevant leaders of the newspaper, I submitted the evidence and materials of Deng's framing to the Rights Protection Division of the China Journalists Association.After the relevant leaders received my complaint, they attached great importance to it.
Since this case has already been widely circulated in the capital's news circles, and has attracted the attention of many legal experts, with the advice of several political and legal reporters and relevant lawyers, I decided to hold an expert demonstration meeting in my own name.When I sent the relevant case and evidence to Mr. Chen Xingliang, a famous criminal law expert in my country, vice president of Peking University Law School and doctoral supervisor, Mr. Han Yusheng, professor and doctoral supervisor of Renmin University of China Law School, and Mr. Zhang Sihan, professor of National Judges College After that, they received great attention immediately and expressed their willingness to lend a helping hand to me.Especially Mr. Chen Xingliang, in order to help me, he postponed the opportunity to give lectures abroad several times. On the morning of the meeting, he postponed the scheduled time to go abroad.
On the morning of July 24, 2002 (Wednesday), in my own name, I held an expert demonstration meeting on the first criminal private prosecution case of journalists in China, which attracted the attention of all walks of life in the Museum of Modern Chinese Literature.
This morning, Mr. Chen Xingliang was the first to come to the venue.Then, Mr. Zhang Sihan and Mr. Han Yusheng came to the venue early.The seminar also attracted political and legal reporters from more than 30 news media including Xinhua News Agency, China Youth Daily, Beijing Youth Daily, Guangming Daily, and Beijing Evening News.
Several experts conducted a relatively comprehensive demonstration around the procedural issues of this case, the substantive issues of this case and the significance of this case.Three well-known criminal law experts in China expressed their opinions on my private prosecution case seriously and earnestly.
At 9 o'clock in the morning, the demonstration meeting began under the auspices of my friend, the famous poet Bei Ta of the Museum of Modern Chinese Literature.Mr. Zhang Sihan, an old professor of the National Judges College who is over 60 years old, was the first expert to speak.He believes that whether there is a legal basis for Chaoyang Court to dismiss the prosecution, procedural issues are the premise. Article 24 of the "Criminal Procedure Law" mainly focuses on the jurisdiction of the crime place, if the defendant's location is appropriate.It is an exceptional case where the defendant is located.Criminal acts include the place where the crime occurred and the place where the result of the crime occurred.In this case, the defendant used the form of verbal slander, which took place in Guangzhou, but ended in Beijing.Therefore, both Beijing and Guangzhou can be identified as places of crime. On June 29, 1998, the judicial interpretation of the place of crime stipulates that it is a general principle, and the place of crime result only refers to property crimes, so there is ambiguity in judicial practice.Whether the judge thinks that the jurisdiction of Guangzhou is appropriate is not expressed in the ruling.In this case, the judge may consider that if the defendant sues in Beijing, there will be repeated lawsuits, so from this point of view, the court cannot say that there is no legal basis.In substance, Deng Shixiang constituted defamation.Objectively speaking, Deng Shixiang not only fabricated but also disseminated false facts, and his target was to point to a specific person—Ishino.Subjectively, Deng Shixiang did it directly and intentionally. The purpose was to slander Ishino's personality, destroy his reputation, and also attempted to make him receive criminal punishment. The consequences were serious and the social impact was very bad.Deng's behavior has completely constituted a crime of defamation.should be punished by criminal law.Specifically, whether Deng constitutes the crime of false accusation or frame-up depends on whether his subjective purpose is to make Ishino subject to criminal investigation, and the key depends on whether there is evidence in this regard.
Professor Chen Xingliang said: I agree with Professor Zhang's point of view on the procedural issues of this case, and I will mainly talk about it from the perspective of substantive issues.In substance, this case meets the constituent elements of the crime of defamation.It is mainly reflected in the following four aspects: 1. Deng Shixiang fabricated the facts objectively, which caused a very bad influence on the plaintiff's reputation; 2. Deng widely disseminated the fabricated facts; 3. Deng Shixiang Subjectively, Deng had the intention of slandering; 4. Deng's slandering motive was serious.This is mainly manifested in: the motivation of the defamation is relatively bad, the nature of the fabricated content is also relatively bad, and it has been spread for a long time.Therefore, this case complies with the provisions of Article 246 of the Criminal Law and constitutes a crime of defamation, and Deng Minshixiang should be investigated for criminal responsibility.
Professor Han Yusheng thinks: From the procedural point of view, calling the crime of defamation is very general, but from the point of view of the criminal law itself, the place of crime includes the place of conduct and the place of result.Therefore, although the practice of the Chaoyang Court cannot be said to be illegal, it is somewhat unreasonable.On the contrary, it is more practical to accept the case.Substantively, there are two issues involved, one is the defamation issue of fabricating facts, and the other is the issue of false accusation and frame-up by fabricating criminal facts. Therefore, Deng's behavior constitutes the crime of false accusation and frame-up, which is in line with the characteristics of the crime of false accusation and frame-up, regardless of whether Ishino been criminally prosecuted.Analyzing from Deng's subjective psychological state, Deng's subjective intention of fabricating and disseminating false facts was not only to discredit Shi Ye, the private prosecutor, so as to achieve the purpose of damaging the reputation and personal dignity of others, but also to subject Shi Ye to criminal prosecution.Deng's methods of slander include not only phone calls, telexes, and letters, but also the Internet that can spread around the world. The methods are extremely bad, and the social consequences are extremely serious.
After learning about the actions of the judge in Chaoyang Court, several experts pointed out sharply: In fact, such defamation cases are written in black and white, and there is no need to go to the south for investigation. Handwriting for identification, on it.
In the end, the participating experts finally agreed that, from a procedural point of view, the Chaoyang Court dismissed Ishino's lawsuit, although it cannot be said to be illegal, but it is obviously unreasonable.Because, according to the provisions of Article 26 of my country's "Criminal Procedure Law", it is more appropriate for the court to have the jurisdiction of the crime place, and the result of this case occurred in Beijing, so it is more appropriate for the Beijing Chaoyang District Court to accept this case.
In order to allow the people's court to better listen to their specific opinions on the case, the three experts specially asked two masters of law from Peking University Law School and my colleagues Wang Hongkun and Bai Jie to compile relevant opinions into words and submit them in the Their respective names were signed discreetly on the typescript.
The next day, the Beijing Evening News, which has the largest circulation in Beijing, disclosed the case to the whole country in the form of photo news under the title "The First Domestic Journalist's Criminal Private Prosecution Case Is About to Hear".Subsequently, "China Taxation News" reported the whole process of the case on the column of Legal Weekly with the title "A Report of Trouble and Three Lawsuits in Three Years".Not long afterward, the well-known domestic magazine "Zhiyin-Donggong" also published the first criminal private prosecution of a journalist in the country in more detail with a length of 6,000 words under the title "SOS, Journalist Aiding Migrant Girls Framed" The case caught the attention of the national press.