Legal Opinion for Wang Zaiqing
As the lawyer appointed by Mr. Wang Zaiqing, I’d like to give the following opinions concerning this case.
1. Evidence in the Indictment:
The major evidence provided by the public prosecutor proving Wang Zaiqing committed the crime of illegal business-management is as follows:
· Wang Zaiqing printed 2 books, “Flaming Pillar,” and “Why Believe Jesus” and some evangelical leaflets.
· Anhui Huainan News & Publication Bureau has determined that these books are illegal publications.
2. Legalities Cited by the Prosecutor:
The public prosecutor accuses Wang Zaiqing of violating items 1 and 4, Article 225 in the Chinese Criminal Law
Item 1: €¦manage the franchised, monopolized, or controlled articles stipulated by the administrative regulation€¦
Item 4: other illegal management activities that severely disturb the market order
Article 11 of the “Explanation of Concrete Law-Application problems in the trial of such criminal cases as illegal publications,” which came into effect December 23, 1998, issued by the Supreme People’s Court, requires the evidence of the crime of illegal management contain the following: intent and illegal profit.”
If the intent is NOT illegal profit, then the offense is considered a misdemeanor as a result of misunderstanding or ignorance of the law, and he should not be punished based upon this crime; but be subjected to administrative duty.
And the object of the crime of illegal management should be the market administrative regulation and the control articles. That means there must be serious criminal circumstances. If the act of illegal management does not result in serious consequences, then the act is not to be deemed criminal.
3. Analysis
After a careful analysis of the law and this case, I concluded that the public prosecutor’s accusation against Wang Ziaqing lacks any legal basis for the following reasons:
· First, Wang Ziaqing did not print Christian books to obtain illegal profit.
It is quite obvious that Christian Family Church Missionary, Wang Ziaqing’s purpose for editing and printing Christian books is to spread Christianity, which is a sacred right of every Christian protected by the Chinese Constitution. In this sense, the intent to profit illegally does not exist; this is also stated in Wang Zaiqing’s confession
· Secondly, Wang Zaiqing’s behavior is in direct opposition to the evidence of the crime, the violation of the management regulations of controlled articles.
1. The Christian books printed by Wang Zaiqing are not “controlled merchandise,” but religious internal reading material, which can be printed without a license.
2. The books and leaflets printed by Wang Zaiqing never entered the market. Thus Wang Zaiqing neither disturbed the market order, made a profit (legal or illegal) nor violated the national market administrative regulation.
· Anhui Huainan News & Publication Bureau’s determination that the books are illegal publications is inappropriate and thus invalid
According to article 29 in the “Chinese Publication Management Regulations” which came into effect February 1, 2002, “The publication must include the author, the name and address of the publisher, printer, ISBN, publishing date, and other relevant information.” Here it is clear that in China, a publication must have some indispensable formalities: author, publisher, printer, and so on. Any “paper material” that does not meet these requirements can not be deemed as a publication though it may share a similar outward appearance as a publication, such as various internal documents and propaganda material. Judged by this standard, the internal religious reading material printed by Wang Zaiqing absolutely does not fall under the category of a publication; therefore, the appraisal that it is an illegal publication is invalid.
4. Conclusion
From the analysis stated above it is very clear that the evidence provided by the public prosecutor can not coherently form a complete chain to prove Wang Zaiqing’s guilt，and the legalities cited are inappropriate. And as a result my client, Wang Zaiqing is wrongly accused.
Religious freedom is a sacred right of every Chinese citizen. This principle is generally acknowledged as an unshakable basis of civility by the contemporary international community. It is stipulated in various international conventions and especially, in the Universal Declaration of Human Rights. Article 36 of the Chinese Constitution also guarantees the right of religious freedom. Wang Zaiqing, the defendant in this case, printed some reading material intended for the practice of his own religion. His behavior is protected by the international conventions signed by the Chinese government and is totally legal.
Wang Zaiqing is handicapped and can not walk without his crutch. His case is totally in conformity with the condition in article 51 in the Chinese Criminal Procedure Law, “cause no harm or danger to society if be “bailed out pending trial with restricted movement” or “placed under surveillance.” But the investigating organ rejected this proper request from Wang Zaiqing’s family.
In summary, the evidence is contradictory and invalid. So I request that the court find Wang Zaiqing innocent.
Lawyer：Li Baiguang September 21, 2006
Issued by China Aid on October 20, 2006 © 2006
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