滕彪文集
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滕彪文集
·激 活 宪 法
·孙志刚事件:知识、媒介与权力
·司法的归司法,舆论的归舆论?—从张金柱案到黄静案
·谁能阻止一个人心底的眼泪—日记16则,纪念父亲
·生活是维权运动的源头活水
·虚构的故事
·体制的边界
临沂计划生育调查手记
·蒙河边的抗争—临沂计划生育调查手记之一
·“我家亲戚被抓了22口”—临沂计划生育调查手记之二
·她的眼里没有泪水—临沂计划生育调查手记之三
·到办公室上课去!—临沂计划生育调查手记之四
·不扎也得扎!—临沂计划生育调查手记之五
·学习班—临沂计划生育调查手记之六
·向人性宣战—临沂计划生育调查手记之七
·“盯关跟主义”—临沂计划生育调查手记之八
·人性不曾屈服—临沂计划生育调查手记之九
·野蛮是如何炼成的?—临沂计划生育调查手记之十
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·有谁战胜过真相
·法治中国需要中国法律人的良知及责任—致世界法律大会中国代表的公开信
·从上书到公开信
·是谁在“严重威胁社会秩序”?—关于游行示威权利的行政复议申请书
·致陈光诚的一封信
·用微笑来面对那些制造恐惧的人——和高智晟在一起的一个下午
·2+2=4的自由
·推倒「新闻柏林围墙」——透视中国新闻自由的前景
·恢复收容遣送制度等于开历史倒车
·陈光诚案凸显中国法治的困局
·暗夜里的光明之舞
·中国维权运动往何处去?
·陈光诚是如何被定罪的?(补充版)
·Crusader in a legal wilderness
·China’s blind Justice
·China's Political Courts
·以公民的姿态挺身而出/闵家桥
·“最可贵的是她有健康的公民意识”——关于公民王淑荣的对话
·“阳光宪政”的护卫者/民主与法制杂志
·要让好人走到一起,才能合力纠错——奥美定事件亲历者访谈录/南方周末
·李卫平: 被迫走出书斋的维权者——著名维权律师滕彪访谈录
·太阳城:写在第三期“名家说法”被命令取消之后
·滕彪印象/法制日报
·Rule of Law requires our consciousness and responsibility
·临沂野蛮计生与陈光诚事件维权大事记(2006-11-7)
·耻为盛世添顺骨
·中国时报专访:盼与政府互动 和平维权
·滕彪博士:精神家园的守望者/刘爽
·司法改良和公民维权——学而思沙龙的网谈
·学术、政治与生活——2006年12月17日做客沧海论坛在线交流记录
·黎明前的见证
·看看我们的朋友——致受难中的高智晟和他的妻子和孩子
·临沂警匪暴行录
·临沂野蛮计生事件及陈光诚案维权大事记(五——七)
·中国当代宪政主义者的困境和选择/林泽波
·通过汉语改变中国
·茶人滕彪/萧瀚
·崔英杰案:“慎杀时代”的第一个考验
·死刑、司法与中国人权
·废除死刑的中国语境——在第三届世界反死刑大会上的发言
·司法独立,和谐中国——2007年“两会”之际的公民呼吁/许志永 滕彪
·彻底改革司法才能避免滥用死刑
·崔英杰案,在多重反思中寻找契机
·从“两会”看赎回选票运动
·关于尽快将青岛市四方区政府违法拆迁行为纳入法制轨道的法律意见书
·青岛野蛮拆迁:袁薪玉被控放火和妨害公务案一审的当庭辩护意见
·维权书简·戴脚镣的舞者
·被遗忘的谎言——就《成都晚报》事件致中宣部长和教育部长的一封信
·滕彪:可怕的“冤案递增律”
·不是我不明白
·张敏:滕彪律师访美谈中国司法现状与维权
·萧洵:纸包子案记者被判刑引发强烈质疑
·自由亚洲电台:拾荒者遇上联防离奇死亡 孙志刚式悲剧首都重现?
·何亚福 王鑫海 杨支柱等:放开二胎倡议书
·临沂野蛮计生事件及陈光诚案维权大事记(八--九)
·一个案件的真相与两个案件的正义(附:“聂树斌案”到了最危急时刻!)
·滕彪、胡佳:奥运前的中国真相
·郑筱萸案扇了死刑复核程序一记耳光/滕彪 李方平
·“杀害自己孩子的民族没有未来!”
·关于李和平律师被绑架殴打致国务院、最高人民检察院、公安部、国家安全部的公开信(签名中)
·NO FIGHTS,NO RIGHTS——接受博闻社采访谈中国人权现状
·挽包遵信先生
·香港电台铿锵集:扣着脚镣跳舞的中国律师
·那些陌生的人们在我们心底哭泣——推荐一个短片
·关于邮箱被盗用的声明
·《律师法》37条:为律师准备的新陷阱
·保护维权律师,实现法治——采访法学博士滕彪律师/张程
·Six Attorneys Openly Defend Falun Gong in Chinese Court
·李和平 滕彪等:为法轮功学员辩护-宪法至上 信仰自由
·面对暴力的思考与记忆——致李和平
·专访滕彪律师:《律师法》2007修订与维权/RFA张敏
·The Real China before the Olympics/Teng Biao,Hu jia
·我们不能坐等美好的社会到来
·律师:维权人士胡佳将受到起诉
·胡佳被捕 顯示中國要在奧運之前大清場
·人权的价值与正义的利益
·抓捕胡佳意味着什么?
·关于《奥运前的中国真相》一文的说明——声援胡佳之一
·邮箱作废声明
·关于审查和改变《互联网视听节目服务管理规定》部分不适当条款的建议
·胡佳的大爱与大勇
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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.

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