滕彪文集
[主页]->[独立中文笔会]->[滕彪文集]->[Teng Biao: Defense in the Second Trial of Xia Junfeng Case]
滕彪文集
·美律协违约拒为滕彪出书 国会要求解释
·高智晟:ABA和滕彪哪個更應該強大
·Lawmakers Pounce After ABA Scraps Book by China Rights Lawyer
·American Self-Censorship Association/WSJ
·An interview with China’s foremost rights lawyer Dr Teng Biao
·纽约时报:中国律师新书命运引发在华NGO自我审查争议
·Is China Returning to the Madness of Mao’s Cultural Revolution?
·The Conundrum of Compromise/Robert Precht
·Congress Still Calling Out ABA Over Canceled Book Deal
·No country for academics: Chinese crackdown forces intellectuals abroa
·中共血債大於其他專制國家
·江绪林之死反映中国知识分子精神痛苦唯有自杀寻求解脱
·"THERE WILL ALWAYS BE SOME BRAVE ACTIVISTS WHO REFUSE TO KEEP QUIET"
·“你们全家都是共产党员!”
·滕彪和江天勇获第25届杰出民主人士奖
·访滕彪:中国司法何以如此“高效率”
·'China wacht een revolutie, ik hoop een vreedzame'
·Arrestatiegolf China toont angst van regime
·ENTRETIEN AVEC LE DéFENSEUR DES DROITS DE L'HOMME TENG BIAO
·Le Parti communiste chinois est confronté à une série de crises
·英媒:遭受打击 中国知识分子被迫出国
·709 Crackdown/ Front Line Defenders
·Cataloging the Torture of Lawyers in China
·南海仲裁的法理基础及其对中国的政治冲击
·the Comfort of Self-Censorship
·G20前夕美国家安全顾问会晤中国人权人士
·Chinese dissidents urge Obama to press Xi Jinping on human rights at G
·China blocks major civil society groups from monitoring G20 summit
·Open Letter to G20 Leaders attending the 2016 G20 Summit
·自我审查的自我安慰/滕彪
·细雨中的独白——写给十七年
·Rights lawyers publicly shamed by China's national bar association
·沉默的暴行
·中共“长臂”施压 维权律师滕彪妻子被迫离职
·除了革命,中国已经别无道路
·高瑜案件从一开始就是政治操控
·毛式文革与恐怖主义之异同——国内外专家学者访谈
·最高法维护狼牙山五壮士名誉 学者批司法为文宣服务
·滕彪和杨建利投书彭博社 批评美国大选不谈中国人权议题
·“未来关键运动的发起者可能是我们都不认识的人。”
·政治因素杀死了贾敬龙
·中国维权人士在达兰萨拉与藏人探讨“中共的命运”
·黑暗的2016:中国人权更加倒退的一年
·滕彪談廢死
·滕彪:酷刑逼供背後是国家支持的系统性暴力
·在黑暗中尋找光明
·专访滕彪、杨建利:美国新法案 不给人权侵害者发签证
·海内外民主人士促美制裁中国人权迫害者/RFA
·A Joint Statement Upon the Establishment of ‘China Human Rights Accou
·关于成立“中国人权问责中心”的声明
·Group to Probe China's Human Rights Violations Under U.S. Law
·The Long Reach of China to Silence Its Critics
·王臧:极权主义,不止是“地域性灾难”
·Trump has the power to fight China on human rights. Will he use it?
·纪录片《吊照门》
·「吊照门」事件 引发法界震盪
·脸书玩命想进中国/RFA
·中国反酷刑联盟成立公告
·德电台奖冉云飞滕彪获提名
·中国维权律师:风雨中的坚持
·Harassed Chinese rights lawyer still speaking out on Tibetans’ plight
·Beijing Suspends Licenses of 2 Lawyers Who Offered to Defend Tibetans
·VOA连线:中国反酷刑联盟成立,向酷刑说“不”
·Announcement of the Establishment of the China Anti-Torture Alliance
·Chinese Court Upends 13-Year-Old Rape, Murder, Robbery Convictions
·中共迫害律师的前前后后
·Scholars Return to YLS to Discuss Human Rights Advocacy in China
·Abducted Activists
·中国的民间反对运动与维权运动
·Conversation on China’s human rights: Professor provides first hand a
·Exiled Chinese lawyer says the country is moving toward a new totalita
·VOA时事大家谈:抓律师两高人大邀功,保政权司法第一要务
·滕彪讲述被绑架和单独关押的经历
·Chinese human rights lawyer stresses the duty to resist
·山东“刺死辱母者”案,为何引发民意汹涌?/VOA
·关于审查《城市流浪乞讨人员收容遣送办法》的建议书
·Street Vendor’s Execution Stokes Anger in China
·[video]Academic freedom in the East and Southeast
·海外华人学者成立民主转型研究所VOA
·美国律师协会为受难律师高智晟出书/VOA
·郭文貴爆料,為何中國當局反應強烈?
·杨银波:搞滕彪、李和平,我看不过去
·Chinese Rights Lawyer Strikes Back at ABA Over Scuttled Book/WSJ
·China puts leading human rights lawyer on trial for 'inciting subversi
·丧尽天良,709维权律师李和平被灌不明精神药物!
·709案的秘密審訊——酷刑之後,強迫喂藥
·王全璋:被“消失”的中国人权律师
·李和平等709律师被捕期间遭强迫灌药酷刑虐待
·李明哲案成陸對台籌碼
·川普政府吁中共尊重人权 学者促弃绥靖政策
·从709维权律师审判看盘古氏公司庭审秀 习近平是圣君还是反人类罪犯
· 纪念709,推动首届中国人权律师节
·709将成为〝中国人权律师节〞
·美港台人权组织设立709中国人权律师节
·Announcing the Inaugural China Human Rights Lawyers’ Day
·关于举办首届“中国人权律师节”活动的通告
·Why the West treats China with kid gloves
·首届中国人权律师节征集漫画、海报、短视频
·“访民困境与出路”研讨会
·美国CECC中国人权听证会:中共必须被公开羞辱
·Key Moments from CECC hearing “Gagging the Lawyers”
[列出本栏目所有内容]
欢迎在此做广告
Teng Biao: Defense in the Second Trial of Xia Junfeng Case


   Xia Junfeng (夏俊峰) was street vendor from Tieling county, Liaoning province (沈阳铁岭县). On May 16, 2009, while selling chicken strips, roasted sausages and other snacks with his wife Zhang Jing near a crossroads in Chenhe District, in the city of Shenyang (沈阳沉河区), Xia Junfeng was seized by urban enforcers known as Chengguan (城管) and taken to their office where he was beaten. During the course of the beating, Xia Junfeng fought back with a small knife he carried in his pocket, stabbing two Chengguans to death and injuring one. He was convicted of intentional homicide and sentenced to death during the first trial, and the second trial upheld the verdict of the first trial. The case has garnered wide online attention in China since its onset. It is now being reviewed by the Supreme Court in Beijing. Several volunteer translators have collaborated on a complete translation of Dr. Teng’s defense to shed light on, and call for attention to, the case and the ill system at its root.
   
   ----------------
   

   Chief judge and judges,
   
   
   As Xia Junfeng’s defense lawyer, let me first of all offer my condolences to families of the dead. Whether Xia Junfeng is guilty or not, the death of two citizens is regrettable. I will also indicate to the court that, just like Xia, the two members of the City Urban Administrative and Law Enforcement (Chengguan) were also victims of the Chengguan system, and that today’s trial is bound to be a war without a winner. What we want to do today, with all we can, is to avoid creating a new tragedy from what’s already a tragedy, making a new mistake from what’s already a mistake.
   
   
   The law is the law, and we cannot superimpose upon the law personal feelings or political pressure external to the law. According to litigation jurisprudence as well as Article 186 of Criminal Procedure Law, the goal of the second trial is to review and determine whether the verdict of the first trial is correct. What I will prove to the court is the followings: the first trial convicted Xia Junfeng of intentional homicide is a qualitative mistake, the court applied the wrong law, and the persecutors’ accusations cannot in any way be established; the first trial handed down the wrong sentence of death penalty, which was a departure from relevant laws and statutes.
   
   
   
   I. The first trial convicted Xia Junfeng of voluntary manslaughter, and it is a qualitative mistake.
   
   
   1. Prior to the incident, Xia Junfeng did not know the two victims, and had no enmity towards them. It was the brutal enforcement by Shen Kai, Zhang Xudong and a dozen or so others from the Shenhe District Chengguan team on May 16, 2009, that caused the incicent.
   
   According to witnesses Shi Chunmei, Zhang Jie, Jia Ziqiang, Shang Haitao, and Zhang Zhongwen: “the Chengguan team seized them and went for the Gas cylinder next, things (such as sausages and bamboo sticks) were thrown everywhere on the ground. Xia’s wife tried to prevent them from throwing things, a dozen Chengguan members surrounded Xia and started beating him. Xia begged to no avail. As they beat him, Xia kept falling down and couldn’t keep his footing.” The sole of one of Xia Junfeng’s shoe was torn off by the Chengguans and was presented as evidence in the first trial (the public prosecutors acknowledged the evidence in the court, but the verdict of the first trial makes no mention of such an important evidence). Xia Junfeng stated: “Chengguans threw my cooking ware onto the ground like a gang of brigands. We begged for mercy saying it’s Saturday today, they said, ‘Nonsense!’ One of them hit me on the back of my head......” Xia Junfeng’s wife Zhang Jing also witnessed that he was pushed and beaten by a dozen Chengguan members, who did not stop even when Zhang Jing kneeled down to beg for mercy. Chengguan member Zu Minghui also admitted in his written testimony that Xia Junfeng’s gas cylinder “was pulled away by us and put in the truck.” (p. 34, vol. 3)
   
   
   2. After brutal law enforcement, Chengguans pulled Xia Junfeng into a vehicle by force, took him to their office where they beat him. Such action by victims Shen Kai and Zhang Xudong constitutes unlawful detention.
   
   According to witnesses Shi Chunmei, Zhang Jie, Jia Ziqiang, Shang Haitao and Zhang Zhongwen: “Chengguan forced Xia Junfeng into their vehicle; Xia didn’t do so voluntarily. Xia Junfeng’s own statement and his wife’s testimony also confirmed this. (According to the written record of the interrogation of Xia Junfeng on February 25, 2010, “Three or four Chengguans pulled me into their vehicle. I struggled and resisted, not wanting to go with them.”) On the other hand, Zhang Wei’s testified that “Xia Junfeng got into the vehicle willingly,” contradicting the testimonies of Zhang Jing, Shang Haitao and three others. The verdict of the first trial doesn’t provide any explanation for such contradiction. The defense lawyers have noticed the inconsistency of Zhang Wei’s testimonies and believe it is not credible. For instance, according to the written record of interrogation on May 16, Zhang Wei mentioned that Xia Junfeng pursued him after stabbing him by didn’t catch him. The problem is, if he had been injuried in the thighs, how could Xia Junfeng have failed to catch up to him? For another instance, in the written record of interrogations conducted on May 16, the day the incident occurred, he stated clearly that he “didn’t see clearly who stabbed Shen Kai and Zhang Xudong (p. 17, volume 3); but a month later on June 22, he said “I was behind Xia Junfeng, and he was in the midst of stabbing Zhang Xudong with a knife.” (p. 20, volume 3). Such inconsistency obviously defies the law of memories, and he was lying. The fact is, when Chengguans enforcd regulations in a brutal manner, vendors were running away to avoid them, and the gang of Chengguans didn’t want to go away empty-handed. Xia Junfeng still got beaten in broad daylight and in front of the eyes of many witnesses, you can just imagine how much worse it would be for him to go to the Chengguan office with them. No one else but Chengguans themselves who testified that Xia Junfeng “got into Chengguan’s vehicle voluntarily”; it can only be a lie that the Chengguans made up to evade liabilities.
   
   Illegal detention refers to the act of illegally denying others of their freedom through detention, confinement or other methods of coercion. Article 19 of the Administrative Punishment Law stipulates only the public security organ can execute such administrative penalty. Chengguan and others in charge of administrative law enforcement at the Shenhe Bureau have no legal authority to restrict citizens' personal freedom, not to mention forcibly dragging Xia Junfeng into a vehicle or confining him to their office. These actions meet all the elements of illegal detention. According to several statements given by Xia Junfeng, the bald Chengguan first insulted him by saying, "How can you be so fucking good at pretending to be innocent." He then punched him on his head with his fists. He and another man punched and kicked Xia Junfeng, the bald man evening throwing a metal mug at Xia that he had picked up from a desk. It is obvious that Shen Kai and Zhang Xudong had committed more than just the offence of illegal detention; their behaviour at that time fell into the category of statutory aggravation, as it involved physical and verbal abuses. According to Article 238 of the Criminal Law: "A person who unlawfully detains another person or deprives another person of his personal freedom by any other means shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights. If circumstances of hitting or insulting another person exist, a heavier sentence shall be imposed.." The Criminal Law also stipulates that public servants who commit the offence of illegal detention by abusing power shall be punished more severely.

[下一页]
blog comments powered by Disqus

©Boxun News Network All Rights Reserved.
所有栏目和文章由作者或专栏管理员整理制作,均不代表博讯立场