People's Republic of China politics citizens persecuted petition

Benxi City xihu district people's Procuratorate
Litigation books
Brook liable to public prosecution of criminal procedure ( 2016 〕 36
The defendants Xu Yanhua, female, 1952 Year 6 Month 21 Birth, ID number 210503195206213625 Han, primary school, unemployed, domicile: xihu district, Benxi City, Liaoning province, xihu district, Benxi City, Liaoning province, South water lane in waitoushan mine 3 3 Building. Crimes on suspicion of affray, technology development zone by the Public Security Bureau of Benxi City branch decides, in 2016 years 3 months 22 days under criminal detention by public Security Bureau of Benxi City development zone branch, approved by this Court, in 2016 Year 3 months 25 days was arrested by the Public Security Bureau of Benxi City development zone branch of the Executive.
    Investigation of the cause of Public Security Bureau of Benxi City development zone branch, Xu Yanhua to defendants suspected of crime of affray, in 2016 Year 3 Month 31 Day hospital transferred to the prosecution. After accepting this hospital, in 2016 years 4 months 1 days, inform the defendant has the right to appoint a defender, questioning the accused in accordance with law, reviewed all the cases.
Identified by the law review:
Defendants Xu Yanhua son Bai Jinlong in 2002 Year 3 Month 1 2 During the day to work was killed by others, Xu Yanhua died of son Bai Jinlong cannot be treatment of work-related injury has been appealing. 2012 years 7 months, Benxi City xihu district, Benxi municipal intermediate people's Court and the people's Court, Xu Yanhua petition of the defendant, a judicial aid channels, one-time payment of Xu Yanhua justice Yuan 120000 Yuan, while Xu Yanhua sign petition case card visit assurance, Is no longer the case petition.
2013 Year 11 Month 9 Date defendant Xu Yanhua treated his son's fatal problems to non-petitioning Beijing Tiananmen Square area skipping appeal, high tech development zone branch, Benxi was given administrative warning penalty. 2014 years 3 months 3 days , defendants Xu Yanhua treated his son's fatal problems to non-petitioning Beijing Tiananmen Square area skipping appeal, giving sermons in Tiananmen Square area by Beijing Municipal Public Security Bureau branch penalties Administrative detention 10th punishments, Benxi City development zone branch. 2016 years 3 months, 11 days , defendant Xu Yanhua treated his son's fatal problems to the right Street here around Beijing is not appealing to leapfrog appeal Office Fu you Jie Xicheng police station by public Security Bureau of Benxi City Ma jia Lou, sent to the triage center after the admonition, administrative detention 10th punishments, Benxi City development zone branch.
    In summary, defendant Xu Yanhua total admonished by public authorities 2 Administrative punishments 3 Times.
    After the incident, the defendant Xu Yanhua was arrested.
    Finds evidence of the facts mentioned above are as follows:
1 ． Documentary evidence: source cases and arrested after, the Public Security Bureau of Benxi City development zone branch of administrative penalty decision, administrative decision, the granting of aid commitments;
2 . Bai Junlong testimony of witnesses;
3 ． Defendants Xu Yanhua's confession and justification.
The Court held that defendant Xu Yanhua disregard of the State laws, many around Tiananmen Square and Zhongnanhai
Trouble and undermined the country's normal social order, their acts have violated the People's Republic of China criminal code provisions of Article No. 293, criminal facts are clear, the evidence is true and sufficient, shall be held criminally on charges of affray. Under the People's Republic of China criminal procedure law article 172th provides that prosecution sentenced.
Sincerely
Benxi City xihu district people's Court
                                            
Attached:
1 . Xu Yanhua is now in custody of the accused in Benxi City detention center.
2 . Files material and evidence 2 .

Benxi City xihu district people's Court
Criminal judgements
(2016 ) Liao 0503 early punishment 46
Prosecutors, Benxi City xihu district people's Procuratorate.
The defendants Xu Yanhua, female, 1952 Year 6 Month 21 Born in Benxi City, Liaoning province, Han nationality, primary school, unemployed, domicile: xihu district, Benxi City, xihu district, Benxi City, now lives in waitoushan mine road water lane 3 - 3 Building. Crimes on suspicion of affray in 2016 years 3 months 22 days were under criminal detention, the same year 3 months 25 days have been arrested. Now detained in Benxi City detention center.
    Defender Chen Bo, Liaoning lawyer with citizens.
    Benxi City xihu district people's Procuratorate in streams liable to public prosecution of criminal procedure " 2016 】 36 Indictment charge defendant Xu Yanhua crime of affray, in 2016 Year 4 Month 8 Hinata this Court prosecution. Form a collegial panel in accordance with law of the Court, public hearing of the case. Ravy, Benxi City xihu district people's Procuratorate prosecutors, Deputy Prosecutors lishuang appear to support the indictment, defendant Xu Yanhua and his defenders chenbo present took part in the proceedings. Now is the trial to an end.
    Prosecutor accused:
    Defendants Xu Yanhua son Bai Jinlong in 2002 Year 3 Month 12 During the day to work was killed by others, Xu Yanhua died of son Bai Jinlong cannot be entitled to work injury treatment have been appealing. 2012 years 7 months, Benxi City xihu district, Benxi municipal intermediate people's Court and the people's Court, Xu Yanhua petition of the defendant, a judicial aid channels, one-time payment of Xu Yanhua justice Yuan 120000 Yuan, while Xu Yanhua sign petition case card visit assurance, Is no longer the case petition.
2013 Year 11 Month 9 Date defendant Xu Yanhua treated his son's fatal problems to non-petitioning regional skipping appeal on Tiananmen in Beijing, was warned by public Security Bureau of Benxi City Public Security Bureau, economic development zone administrative penalties. 2014 years 3 months 3 days, defendants Xu Yanhua treated his son's fatal problems to non-petitioning Beijing Tiananmen Square area skipping appeal, giving sermons in Tiananmen Square area by Beijing Municipal Public Security Bureau branch penalties, administrative detention by public Security Bureau of Benxi City Public Security Bureau, economic development zone of 10th penalty 2016 years 3 months, 11 days, Xu Yanhua, the son of the accused fatal non-petition area around treatment Beijing Fu you Jie met here skipping appeal, by the Beijing Municipal Public Security Bureau Office Fu you Jie Xicheng police station Ma jia Lou, sent to the triage center after training, 10th by high and Public Security Bureau, Public Security Bureau of Benxi City detention punishment.
    In summary, defendant Xu Yanhua total admonished by public security organs 2 Administrative penalty 3 Times.
    After the incident, the defendant Xu Yanhua was arrested.
    Prosecutors submitted the confession and the testimony of a witness, high and Public Security Bureau, Public Security Bureau of Benxi City administrative punishment decision letter and other evidence requested in accordance with the People's Republic of China criminal code Article No. 293 Xu Yanhua of the accused be convicted and punished the crime of affray.
    Defendants Xu Yanhua braid said: I did not petition to Zhongnanhai and Tiananmen Square, so I'm not guilty, but I have come to realize he has done wrong, I promise never to non-visit to petition.
    Xu Yanhua braid designer views of the defender of the accused: 1 And defendant Xu Yanhua petition
In order to safeguard their rights and interests are not making unsubstantiated allegations, much ado about nothing; 2 And defendant Xu Yanhua petition did not cause public disorder, the petition does not constitute a crime of affray; 3 And defendant Xu Yanhua ex-free record. To sum up, Xu Yanhua petition the defendant did not constitute the crime of affray.
    Identified by the trial: defendants Xu Yanhua son Bai Jinlong in 2002 Year 3 Month 12 During the day to work was killed by others, Xu Yanhua son Bai Jinlong death personal injury compensation and treatment of work-related injury has been appealing. 2012 years 7 months by the people's Court of xihu district, Benxi City intermediate people's Court, the city of light, the defendant Xu Yanhua about personal injury compensation appeal, by judicial aid channels, a one-time payment of Xu Yanhua justice Yuan 120000 , While Xu Yanhua sign petition case card visit assurance, no longer on the issue of victim compensation petitions, administrative work injury cases otherwise according to law suits.
2013 Year 11 Month 9 Date defendant Xu Yanhua treated his son's fatal problems to non-petitioning regional skipping appeal on Tiananmen in Beijing, was warned by public Security Bureau of Benxi City economic and technological development zone of public security administrative punishment. 2014 years 3 months 3 days, defendants Xu Yanhua treated his son's fatal problems to non-petitioning Beijing Tiananmen Square area skipping appeal, giving sermons in Tiananmen Square area by Beijing Municipal Public Security Bureau branch penalties, administrative detention by public Security Bureau of Benxi City Public Security Bureau, economic development zone of 10th penalty. 2016 years 3 months, 11 days, Xu Yanhua, the son of the accused fatal non-petition area around treatment Beijing Fu you Jie met here skipping appeal, by the Beijing Municipal Public Security Bureau Office Fu you Jie Xicheng police station Ma jia Lou, sent to the triage center after the sermon, 10th by high and Public Security Bureau, Public Security Bureau of Benxi City detention punishment.
    In summary, defendant Xu Yanhua total admonished by public security organs 2 Administrative penalty 3 Times.
The above facts, the prosecution submitted and certified by the Court cards, the following evidence to prove it:
And documentary evidence
(1 ) Affected by written decision of case registration forms, filing, case report forms, public security organs confirmed cases.
(2 ) Source, captured after the case, confirmed the case of defendant Xu Yanhua was summoned to justice.
(3 ) Residence information, confirmed the defendant Xu Yanhua is 18 years of age have full criminal responsibility of natural persons without a criminal record record.
(4 ), Xihu district, Benxi City, Liaoning province, the people's courts ( 2003 ), Early civil rights in Benxi 354 Civil orders, BREW XI district, Benxi City, Liaoning province, the people's courts ( 2005 ), Early civil rights in Benxi 299 Civil judgments, Benxi City intermediate people's Court ( 2005) benmin character 395 , civil judgments, the granting of aid commitments, Xu Yanhua petition case card visit guaranteed interest, civil enforcement cases interview guarantee, receipt, confirmed the defendant Xu Yanhua which filed Bai Jinlong death personal injury compensation cases have been handled according to law, Benxi City xihu district, Benxi municipal intermediate people's Court and the people's Court, Defendant Xu Yanhua from the appeal in civil cases, a lump sum payment through the justice channel Xu Yanhua bailout RMB 120 000 Yuan, Xu Yanhua and signed the petition cases. Card-making visit to ensure no longer petition the civil compensation cases, but its administrative work injury cases otherwise according to law suits.
(5 ) The Pingshan district, Benxi City people's Court ( 2004 ) Parallel to the first 6 、 23 Administrative judgments, Benxi City intermediate people's Court in Liaoning province ( 2004 ) The Bank's final words 19 Executive orders, Benxi City intermediate people's Court in Liaoning province ( 2004 ) The Bank's final words 29 Administrative judgments, Benxi City intermediate people's Court in Liaoning province ( 2006 ) Benlixing supervisor Word 00005 Notice dismissed the retrial application, confirmed that Xu Yanhua the confessions of the accused Golden Dragon death application for ascertainment of administrative litigation has been concluded according to law.
(6 ) human resources and Social Security Bureau of Benxi City my social worker (2013) 326 Work injury certification conclusion notices, Benxi City labor dispute arbitration Committee Dr Nakasada [ 2013], 280 , arbitration decisions, civil complaint, confirmed the death of defendant Xu Yanhua son Bai Jinlong, Benxi City, by human resources and Social Security Bureau as a work-related injury (death), Xu Yanhua, Benxi City labor dispute Arbitration Commission for, claim workers died after the treatment was rejected, which in 2013 years 8 months 5 write a civil complaint, to Benxi City xihu district people's court civil action
(7 ) the Public Security Bureau of Benxi City Public Security Bureau, economic development zone waitoushan police station in 2016 years 3 months 29 days issued statements of case, police investigator confirmed to the Office understanding Bai Jinlong event of waitoushan iron mine in Benxi steel, Waitoushan iron ore deal with the Ministry's legal adviser had died, and waitoushan iron mine Office staff not informed and refuse to provide the person's name, title, contact telephone number, cannot understand the waitoushan iron mine after the events associated with the event.
(8 》 Office Fu you Jie Xicheng, Beijing Municipal Public Security Bureau police station issued by job description Tiananmen, Beijing Municipal Public Security Bureau branch [2014] 201403030638 , training book, the Public Security Bureau of Benxi City economic and technological development zone police station this () (rule) [2013] 136 public security administrative punishment decision, the Public Security Bureau of Benxi City economic and technological development zone police station this () (rule) [2014] 17 public security administrative punishment decision, Benxi municipal Public Security Bureau, hi-tech development zone police station this (high) penalty [2016] 45 public security administrative punishment decision letter, Public Security Bureau of Benxi City Public Security Bureau, economic development zone waitoushan police stations issued information notes Confirmed the defendant Xu Yanhua treated his son's fatal problems to non-petitioning zone skipping appeal on public security organs has been training 2 times, political punishment 3 times.
    Second, defendant Xu Yanhua confessions
    My son Bai Jinlong in 2002 Year 3 Month 1 2 Day at work during the are killed, 2013 Years, Benxi City Labor Arbitration Board ruled that the Platinum Dragon death is evaluated for work-related injuries, but there has been no settlement injury treatment, previously I have petitions and to court many times, but has not been resolved, I have one person to petition in Beijing. 2016 years 3 months 6 days, I in Benxi, accompanied by staff of the petition to the Supreme People's court petition departments to submit my petition materials, I think my problem is still not resolved. 2016 years 3 months 9 days, I want to go to the NPC petition petition departments,2 016 years 3 months 10 days, Benxi's petition again after staff accompanied me to the Supreme People's Procuratorate, letters and calls departments also went to the national people's Congress this afternoon, but it did not work, my material is not up. Because unbalanced heart Fu you Jie reflect the situation, were found by local public security organs, sent me to the long Jing village rescue services centre. I am here, Fu you Jie and other petitions by the public security authorities imposed a fine of warning, admonition, administrative punishment.
    Third, Bai Junlong of witness testimony, the Department accused son Xu Yanhua, the testimony confirmed 2013 Year 11 Month 8 Day night, accused Xu Yanhua son Bai Jinlong was killed during working hours, has no problem treatment of work-related injuries alone took 28 Train to Beijing to petition.
   The Court held that defendant Xu Yanhua disregard laws, several times to Beijing around Tiananmen Square and Zhongnanhai to trouble and undermined the country's normal social order, their behavior constituted the crime of affray. Prosecutor accused guilty of the offence. Defendants Xu Yanhua made several non-visit to Tiananmen Square and Zhongnanhai appeal defendant Xu Yanhua and public security organs to non-visit to petition and give sermons, administrative detention of sermons and written decision of administrative penalty can support each other, and several non-visit to petitions has disrupted the normal social order, so the defendant's counsel's submissions are not accepted. In accordance with the People's Republic of China criminal code provisions of Article No. 293, judgment is as follows:
Defendants Xu Yanhua committed crime of affray and sentenced to six months.
(Sentence from the date on which the enforcement of sentences. Judgment begins to be executed in custody, detained one day credit terms one day. That sentence since 2016 years 3 months 22 days until 2016 years 9 months 2 1 date. )
    Aggrieved by the judgment, on receiving the judgement within 10th second, by this Court or appeal directly to the Benxi City intermediate people's Court in Liaoning province. Appeal in writing, shall submit a petition for an original and two copies.
 
 
Sentenced to long Feng Nannan
People's assessors Zhu Guimin
People's assessors

 
Report: in this case the applicable legislative provisions and judicial interpretations
《 People's Republic of China criminal code
Article No. 293 the following acts of affray, disrupting social order, five years imprisonment, criminal detention or

control:
(A) beating another person, aggravated;
(B) Chase, interception, abusive, threatening, aggravated;
(C) strong force or any damage, use of public or private property, if the circumstances are serious;
(D) the booing riot in public, resulting in serious disruption of public order.