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发表于 2015-6-24 19:33:55 | 只看该作者 回帖奖励 |倒序浏览 |阅读模式
Because the article, a lawyer will be a writer, a reporter and an informer court that they were arrested for "insulting" and "slander." In this case from behind, hiding how disputes.
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The rule of law Weekend reporter from the bottom of Yichang in Hubei Province Wei Wenjie law intern Meng Weiyang weekend
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A writer in Beijing, a correspondent in Hubei, a whistleblower, an Internet article Yichang, so the author and the victim also received a subpoena hill Xiling Yichang City Court,http://people.lis.illinois.edu/~unsworth/courses/bestsellers/search.cgi, on suspicion of "the crime of insult, slander crime ", June 16, they will be the identity of the accused, he appeared on the hospital's courtroom.
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The cause of this criminal private prosecution case,http://www.liangzekeji.com/bbs/home.php?mod=space&uid=131272, from the beginning of the year through a network Ishino published subsequently forwarded newspaper article criticizing CPPCC members Yichang City, implementation of "domestic violence" in the article.
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1 "court disaster," the network reported
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January 30 this year, now lives in Beijing, in the "Nanfang Dushi Bao" and other media as a reporter of Ishino, on the founder of "Ishino focus network" and Sina, Netease blog, published an article --- "Yichang lawyers Chen Weiguo (pseudonym Originally real name) was tragic complaint against his ex-wife for the wife of his mistresses violence caused by disability" (hereinafter referred to as "controversial article").
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Ishino described in the article: "2011 New Year period, Yichang, Hubei Dong Ke repeatedly to Ishino focus network complaints, saying that her ex-husband, the fourth CPPCC members Yichang City, Yichang City, ten activists character, Hubei Chen Weiguo, director of law firm Chen Weiguo violent temperament, often because of a trivial reason for her abuse and beatings, caused three miscarriages admission. "
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"Controversial article" The thesis consists of five chapters, each author of "Ruonv beaten ex-husband was abusive to the police for help cold-injury", "cleanse the family of frustration with their children to vent their anger BMW car was detained," "was a small three Push down the stairs and her daughter did not initiate police prevarication "," a slap in the face, police said five days of detention in exchange for legal punishment procedures "," husband denied the Justice Department to re-violent criminal investigation "is subtitled, Dong Ke reflect the situation in detail Introduction.
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In the "controversial article" End section, the authors also specified: "January 7, 2011, 0900, reporter accompanied Yichang Municipal Judicial Bureau Chief Li Wenbin pitch pipe, and specifically to the law firm Chen Weiguo interview. "
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Chen Weiguo replied as follows: "I have not played Dong Ke, no domestic violence she had a lot of lies after we divorced, she often rushed to criticize my office I remember once, she deliberately nails in me. black BMW car program, wrote a sentence scold me later police made this mediation. and before I got married, she had keratitis. If it is really wounded me, why go to the hospital to see her? Or Later, I drove her to Wuhan eye exams, find the best experts. "
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Ishino said January 9 afternoon, he was in Yichang City Grand Bridge police station learned: the evening of 23 November 2010, 8 pm,http://bbs.sbooker.com/forum.php?mod=viewthread&tid=269856, Chen Weiguo Dong Ke and his ex-wife after the divorce again drove BMW hopes of finding Dong Ke Living to their harassment, and fight, after Dong Police. Ishino seen beating about Chen Weiguo Dong Ke records from the police to show the "police registration form," and see on a Dong Ke preserved hospital medical certificate for the day of her diagnosis, "the head, face, neck, upper limb more at the injured,christian louboutin homme, the body soft tissue contusion. "
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In the "controversial article", the Ishino also recorded cases of violence before Dong Ke encounter: "March 2, 2007, after Chen Dong Ke eyes were wounded, went to Yichang Central People's Hospital for treatment, the doctor in the emergency medical writing They are: eye injury obviously, since we had left retina concussion pregnant Dong, Chen let their treatment, which missed the best opportunity. ".
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The article said that since the Dong Ke during pregnancy is still being hurt too badly, anger she had in the summer of 2007, accompanied by two officers of the neighborhood, have visited and Xiling District of Yichang City Bureau of Justice complaint, after, pregnant She then went to Wuhan with scars, tears looking Provincial Justice Department, the Office of the principal leaders of causing attention. Just when the punishment was about two-department Chen, Chen Weiguo panic repeatedly kneeling in front of Dong cried to plead, and promise not to hit, finally forced to stop Dong Ke complaints.
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"Controversial article" The authors also reply from Yichang City Bureau of Justice with a written report of the Provincial Department of Justice see: "According to Chen Weiguo oral and written statements, from the end of 2006, Chen Dong Ke played on the hands, but is not considered domestic violence; hit her because she repeatedly unreasonable abuse, beatings, breaking things, warnings ...... "
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January 8 this year, "controversial article," On the Go Yichang Municipal Bureau of Justice interview, Liu Keqin, deputy director, said: Bureau of Justice task force immediately set up a second time, as reflected in Dong Ke conduct a thorough investigation. We must be realistic, according to law.
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2 report set off waves
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January 30, when the "controversial article" in the "Ishino focus network" was published, soon to be reproduced in a number of sites, and pushed the Sina blog headlines, attracted the attention of the majority of users.
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Dong Ke told the "rule of law over the weekend" reporter, "controversial article," a publication by the network, in Yichang effect "very large", only received thousands of text messages, phone even more numerous. The most she moved, Chen Weiguo's ex-wife actually gave her a comforting phone call: "No matter how difficult, must hold." And encouraged her to "be brave, do not be afraid!"
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After "controversial article" published two weeks, February 15 afternoon, Yichang City Public Security Bureau of the Political Department, said the person, in the case of reports and complaints of the parties, the Council has set up a task force, are in-depth investigation into, if As a result, it will be timely feedback to Ishino.
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Ishino understood afterwards, was originally published in the online "controversy article" caused Yichang Municipal Committee,http://kagome.fan-site.net, Political Committee, Municipal Public Security Bureau Deng Hui Lin attaches great importance to and made important instructions, requiring the police to initiate an in-depth investigation of this; and said as if the police break the law, must be treated according to the law, will not be tolerated.
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Earlier, the morning of March 10, is in Beijing to attend the "two sessions" of the NPC, Wang Yang County in Hubei Province town of Hope Primary School Teachers Wangyue E, specifically to the "two sessions" Submit "on the claim punish rogue lawyer Chen Weiguo Yichang violence caused by long-term ex-wife disability and individual law enforcement collaborators who retaliate against his ex-wife's suggestion "(hereinafter referred to as the" Proposal ").
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The NPC Standing Committee in turn reported to the Supreme Court of "Recommendations",  with more than 3,800 characters, detailing the Dong Ke Chen Weiguo taken to reflect her rogue Dong Ke violent means and forced to marry; the implementation of long-term home for his wife spared violence during pregnancy; long-term abuse of his wife at home, out and nurturing a number of mistresses; raped his ex-wife after the divorce is still beating; rogue nature, immoral, as I went three times in Yichang in-depth investigation, the situation is basically true.
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Let  think of is that, in her report, "Recommendations" in the afternoon,http://www.longrangeshots.com/dir./profile.php?id=10621, a vice president of Supreme People's Court will find her in person, face to face statement:. "We will focus on the case, please go party press program, if grassroots courts have violated the law, the Supreme Court will directly supervise. "
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"Dong really poor! But I recommended the development of anti-domestic violence law, not to Dong a person, but to the country as much as Dong unfortunate people!" It was at the "two sessions", Wang Yuee In an interview with the "Legal Daily" reporters, she said she had been to parliament a bill to develop a "Domestic Violence Act" severely punish the perpetrators.
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3 by critics counter
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While many users have different ways of Dong Ke expressed deep sympathy,http://genealogyregister.com, her ex-husband Chen Weiguo, the largest ever suffered a condemnation and condemnation.
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February 9,http://my.5754.cn/home.php?mod=spacecp&ac=blog&blogid=, 2011, authorizing the Institute  lawyer Chen Weiguo, respectively, in the "Three Gorges Forum", "love Yidu network" and blog, for the "controversial article", published a six-hundred-word "solemn statement ", where the three point directed Ishino:
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First, the "controversial article" seriously inaccurate article, obviously Ishino other human pursuit of personal interests and conduct of speculation;
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Second, Ishino et al affront, slander others and incite users to reprint, Chen Weiguo causing substantial damage to the reputation of lawyers, their behavior has violated state laws, Chen lawyer will file a lawsuit to the people's court, legal liability for infringement;
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Third, the "Ishino" et al preceding article may not be reproduced or infringing content, expanding the consequences of the damage. According to the law, also constitutes infringement, will be punished under the law.
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February 9th day, Ishino by "Ishino focus network" and a blog post on the "solemn declaration" to refute the above, while also showing: Since Chen lawyer knowledgeable about the law knowing it clear that to take up legal arms, will be prosecuted to the Ishino People's Court, which he would be happy to take on.
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Sure enough, on February 12 this year, Chen Weiguo Yichang Xiling District Court filed a lawsuit, said Dong Ke Ishino and other "reputation infringement", they asked the court to "remove the infringing content, apology, rehabilitated" and compensation for moral damages It costs 20 yuan. After learning of the news, Ishino and articles collaborators river Jianzhu, Dong Ke 3 "accused", to Yichang Xiling District Court contesting jurisdiction.
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March 7, Yichang Xiling District Court ruled that the case is transferred to the Yichang City Wujiagang district court (ie, the residence of one of the defendants Dong Ke seat of the Court).
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In "reputation infringement" case pending the occasion, this year on April 22, Chen Weiguo again in Yichang Xiling District Court for the authors Ishino, Jiang Jian column and informants Dong Ke, the "crime of insult and defamation" filed a criminal private prosecution and issues raised in the request:
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First, the three co-defendants guilty of the crime of insulting, sentenced to three years in prison;
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Two, three co-defendants guilty of libel, sentenced to three years in prison;
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Third, the implementation of the three accused of multiple crimes;
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Fourth, the defendant Ishino continuous crime by law enforcement measures immediately.
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Chen Weiguo said: "Ishino 'controversial article' is not only big fabricating facts to slander him, without his permission to use the photos and their minor children pictures to make substantial damage to his reputation; also use the 'indecent', 'violent nature' 'rustic inferior',scarpe hogan donna, 'old rogue', 'sinuous', 'wolf', 'crocodile tears', 'heartless', 'Yiguanqinshou', 'shameless' and other large filthy language against him insulting . "
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In addition, Chen Weiguo also believe that, in this case particularly serious crime; the defendants constitute the crime of insult, libel, should be implemented graft law; criminal acts each defendant continues, and continuous crime, expanding their social harmfulness, The Court shall take enforcement measures according to law.
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Chinese People's University Law School professor Yang Lixin said: "Because the network is a virtual thing, compared with the reality of life, speech without too much scrutiny on the network, so the network has become a channel for the expression of ideas and views, it can be said is a 'relief valve, vent'. Naturally, this also provides the possibility to network infringement, this case is a typical example. "
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But Professor Yang Lixin said: "Under normal circumstances, if the contents of the article is true, have only the nature of criticism does not constitute a violation of the right to reputation, but beware might constitute an infringement of privacy; untrue, then we would consider whether there defamation, reputation infringement may, of course, but also consider the scope, reach a certain range is not deemed an infringement of the right of reputation. "
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After Chen Weiguo filed a criminal private prosecution to Yichang Xiling District Court soon, Ishino received asking him to "at 9:00 on the June 16, 2011 went to the hospital the Second Chamber appear for trial," the subpoena.
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4 eyes of others, he and she
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After receiving the summons from the Xiling District Court, Ishino said: "The suit seeks Chen Weiguo raised from private prosecutor is easy to see that the most important for me, and asked the court for me, 'according to the law enforcement measures immediately', which aims to attempt to stop My follow-up reports on the case; secondly, private prosecutor Chen Weiguo attempt to malicious prosecution intimidated by Dong Ke, forcing it to stop the complaints against him. "
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Dong Ke told the "rule of law over the weekend" reporter, May 26 morning, Xiling Court Tribunal including the President and the trial judge found a total of five judges with her and asked her case may not have mediation? Is there any requirements? Her answer to the former is "No", the answer to the latter is the "requirement investigators just, fair and conscience."
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From the year before last, Dong Ke go Xiling District Court sent five or six times "since the criminal complaint" to prosecute Chen Weiguo, but the hospital refused to register, and so she went to the Intermediate People's Court, and the Court told, "This is grassroots courts to do."
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Retired North Street neighborhood outside the original charge of family planning and women's federations Hu Zhuren recalled: the winter of 2006, Dong Ke often snivelling to the neighborhood looking for her, she said her husband beat her neighborhood in the five director makes no wonder. Later, she and a director of a neighborhood, with her went through Xiling District Yichang City Bureau of Justice Bureau of Justice,hogan interactive, the answer is:. "First investigate, learn to understand the situation," then they have led the President of the District Women's Federation next, looking for a Municipal Women's Federation, also was rejected.
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Dong Xiao Wu Ke neighbor (a pseudonym) told reporters cited an example: in the yard children are particularly fond of her, she half-year-old son, in the same time to see her and Dong Ke, the first sentence is not her calling, but "Dong good mother."
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Sometimes, she found Dong Ke look very bad, arms and legs, there are chunks of silt purple scars, and asked her why, she is lightly back sentence:. "Son's father came to the"
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People think that the May 29 morning, the reporters in an interview with Dong Ke home, she was crawling on the floor less than four years old son, after seeing reporters shouted out the first sentence is: "Chen Weiguo kick my mother's belly bulge. "
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5 "is best not to write"
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In early May, Chinese public interest lawyer Guo Jianmei teacher really understand the case, we decided to Dong  for legal aid.
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May 10 to 14, Lawrence, and had for many years served the interests of the Director of the National Women's Federation, the Ministry of Legal Service lawyer and the China University of Political Science  Song lawyer, spent five days time, made a special trip to visit Yichang investigation of three hospitals, two neighborhood, Municipal Judicial Bureau, Public Security Bureau and the police station to see the medical records Dong Ke treatment, ask the doctor for medical treatment at the time, director of the neighbor, the former nanny, residential security, renovation work and other witnesses,abercrombie france, collect evidence and found that Dong Ke nose comminuted belong to minor injuries, her left eye is now only 0.01 (0.3 to constitute serious injury). By analyzing the material, "consultation" is the result of three lawyers: Chen Weiguo Dong Ke, domestic violence is not in doubt.
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Guo Jianmei by phone told the "rule of law over the weekend" reporter: "As with the privacy and confidentiality of domestic violence, usually behind closed doors within the family between the two men,air jordan femme, the evidence is difficult to obtain, but we still made by their families Dong Ke evidence of violence. For precaution,http://www.enochnj.org/pagegen.cgi, we initially set a good expert meetings recently held in Beijing. "
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However, according to her lawyer Guo and Xu, Song two lawyers in Yichang experiences and feelings forensics investigation when, quite concern that the case be tried in Yichang local, Dong Ke and Ishino, there is tremendous pressure.
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May 12, it is to investigate the case came to understand the situation of Yichang NPC Wang Wang Yuee and two early, then the case is optimistic about the prospects. They encourage Dong Ke: "Do not be afraid, brave Yichang matter, to the province as well, we will exercise the powers of deputies oversight..."
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Seeing from the June 16 court date approaching day by day, the two sides clash in front, May 30 morning, accompanied by Yichang City Bureau of Justice legal chief of the Section Li Wenbin, Chen lawyer spacious office, he told " the rule of law over the weekend "reporter to talk about the following three points: First, the case before the Court, all waiting for a court decision; second, it is a reputation infringement case is being adjudicated, no matter what way you report, the objective will be to defamation against the victim causing greater; and third, according to the Supreme People's Court "on the people's court of public opinion to accept the news media a number of provisions", the court is hearing the case, is not allowed to interview.
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When a reporter mentioned to him some specific questions, Mr. Chen's answer is clear: "Before the court decision, I will not accept any media interviews, all of the specific details will not talk."
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Before an interview with reporters, Mr. Chen also reminded the sentence: "Because you are competent leadership brought my guest, otherwise I will not accept your interview."
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Chen left the attorney's office, he once again to "rule of law over the weekend" reporter stressed: "Ishino came to interview me, like today, I would advise you, it is best not to write, but he would not listen to advice, and finally write.."
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