China Aid Association
People’s Court of Xiaoshan District, Hangzhou City
Criminal Writing Verdict of 1st Instance
Public Prosecution Organ: People’s procuratorate of Xiaoshan District, Hangzhou City
Defendant: Shen Zhuke, female, born on July 29, 1955 in Hangzhou city, Zhejiang province. Han nationality, secondary school graduate, Place of original household registration: Tuanjie village, Dangwan town, Xiaoshan district, Hangzhou city. Residence: Laojie, Dangwan town, Xiaoshan district, Hangzhou city. Put under criminal detention July 29, 2006 for her involvement in this case, and formally arrested August 19, 2006.
Defense Attorney: Zouxing, Zhoumin, lawyers of Beijing Jingding law firm
Name, address, and attorneys of the other defendants (Shen chengyi, Wang Weiliang, Feng Guangliang, Ni Weimin, Guo Lijun, Shen Jianjian, Luo Bing Liang )
People’s Procuratorate of Xiaoshan District, Hangzhou City instituted a prosecution against Shen Zhuke and other defendants in the indictment No.  1193 on December 8, 2006 that they had committed the crime of inciting to resist law enforcement by violence. Our court organizes a collegial bench according to the law and openly trailed this case. People’s Procuratorate of Xiaoshan District, Hangzhou City assigned prosecutor Sang Tao, Yuan Yuqing, deputy prosecutor Kong Ran sitting in banc. All the defendants and their defense attorney attended the court. Now the trial is concluded.
According to the indictment of People’s Procuratorate of Xiaoshan District, Hangzhou City, on June 2006 Shen Zhuke, Feng Guangliang, Ni Weimin, Luo Bingliang etc, decided to organize the masses to set up an illegal building on a piece of contracted farmland in Cheluwan village, Dangshan town, Xiaoshan district, although they clearly knew that the local government would not approve the project because it is on the planned field of the Dangshan town, Xiaoshan district. Other defendants, Shen Chengyi, Shen Jianjian, and Guo Lijun incited the masses to participate in the project by phone calls and personal communication after they knew the issue.
Under the direct organization of Shen Zhuke, Ni Weimin, and Luo Bingliang, more than 400 people started to build the illegal construction at 5 AM July 17, 2006. That same afternoon, the government officers were blocked by the incited masses when they tried to access the construction site to explain the national law to the people, send the legal documents, and order the stoppage of the project.
On July 25, Shen Chengyi, Wang Weiliang, and Feng Guangliang decided to support the illegal project and incited more masses to participate in building and defending, in order to resist the government’s effort to carry out the law and demolish the illegal building. In the mass assembly the next day, they continued inciting the masses and made concrete arrangements on how to organize the manpower.
As a result, more than 1000 people were on the construction site everyday after July 26. On July 29, when the government officers tried to demolish the illegal building forcibly, the incited masses resisted the carrying out of the law with violence. After the demolition of the illegal building, several hundred people stormed the Dangshan town government asking for the release of their people. Wang Weiliang continued inciting the masses by publishing articles on the Internet to distort the facts.
The public prosecution organ showed on the court the defendants’ confessions, witness testimonies, investigating material, the event description, the general Dangshan town plan, law and policy propaganda materials of Dangshan town government, situation description, inciting articles, physical check report, and household registration certificates as proofs to support the accusation.
The public prosecution organ concluded that the 8 defendants’ actions had constituted a joint crime of inciting to resist the law enforcement by violence, that caused severe consequences, and asked the court to punish them according to the “Criminal Law of People’s Republic of China” article 278, article 25 item 1.
Luo Bingliang argued that he did not incite the masses to resist the carrying out of the law.
The defense attorney for Shen Zhuke argued that there was not enough evidence in the indictment to accuse her of committing the crime.
The defense attorney for Shen Chengyi argued that there was no clear evidence to prove he committed the crime.
The defense attorney for Wang Weiliang argued that he did not take concrete actions to incite the masses, and the government does not have the legal right to demolish an illegal building.
The defense attorney for Feng Guangliang argued that there was no evidence to prove the conflict between the masses and government was a result of the defendants’ incitement. And evidence acquired by illegal methods should not be used for conviction.
The defense attorney for Ni Weimin argued that the indictment lacks legal basis and was not based on the facts. The extortion of confessions through torture existed in the investigation process, thus it was illegal.
It was clarified through investigation that in the middle of July, Shen Zhuke, Ni Weimin, Luo Bingliang decided to set up an illegal building on the contacted farmland in Cheluwan village, Dangshan town, Xiaoshan district, although they clearly knew that it violated the “Land Administrative Law of People’s Republic of China” and “Land Contracting Law of People’s Republic of China” to build any houses on the contracted farmland without legal processing and approval.
To accomplish the feat and in order to resist the government’s carrying out of the law, Shen Zhuke, Ni Weimin, Luo Bingliang decided to start the construction on July 17, 2006. They also contacted Shen Chengyi, Shen Jianjian, and Guo Lijun to seek their support. Shen Chengyi, Shen Jianjian, and Guo Lijun incited the masses to participate in defending the illegal construction by phone calls and personal communication.
Under the direct organization of Shen Zhuke, Ni Weimin, and Luo Bingliang, more than 400 people started the illegal building at 5 AM on July 17, 2006 on the contracted farmland (planned land of the Dangshan town government). The same afternoon, the government officers were blocked out from the construction site by the incited people when they tried to access the construction site to explain the “Land Administrative Law of People’s Republic of China,” the “Land Contracting Law of People’s Republihen of China” and other laws and regulations, send the legal documents, and order the stop of the project.
The same evening, Xiaoshan district government went to Shen Chengyi, Shen Zhuke, and Ni Weimin, explained the laws and regulations to them again, and ordered them to stop the construction. Shen Chengyi, Shen Zhuke, and Ni Weimin said the building process could only be suspended under the condition that the government provided them another satisfactory site for the building construction. During the meeting, many incited people surrounded the house. Lu Bingliang entered into the room and attempted to disturbed the meeting. He also incited the people to refuse the government’s requisites.
July 22, 2006: Shen Zhuke, Ni Weimin, Luo Bingliang decided to resume the project under the pretext that the government did not provide a satisfactory piece of land for them. They assembled the people and distributed some people to block the government officers from the construction site. Shen Zhuke was responsible for organizing the people blocking the site, Ni Weimin was responsible for the building project, and Luo Bingliang was responsible for logistics.
July 23, 2006: Shen Zhuke, Ni Weimin, Luo Bingliang organized more people to defend the construction site in shifts. Shen Chengyi agreed to make more agitation, Feng Guangliang provided more steel for the project according to the requirement of Shen Zhuke, and incited more people to go to help on the construction site.
July 25, 2006: The Xiaoshan government officers found Shen Chengyi, Wang Weiliang, and Feng Guangliang secretly discussing the issue and asked them to stop the illegal project. But they said that they insisted on building on the original site. They continued their discussions in another place after the government officers left. They decided to organize more people to defend the construction site and resist the government’s carrying out of the Law.
The next day, Shen Chengyi, Wang Weiliang, Feng Guangliang, and Shen Jianjian prompted the masses again to go to the construction site as helpers. They said those who can build should go to build and those who cannot build should go to block the government officers. Wang Weiliang sent a phone message to Feng Guangliang asking him to inform Tu Shichang to organize the people blocking the construction site. From July 26, 2006 more than 1000 people went to the construction site everyday as a result of the incitement of Shen Chengyi, Wang Weiliang, Feng Guangliang, and Shen Zhuke.
July 28 Xiaoshan government issued an announcement to stop the illegal project and to demolish the illegal building but the defendants ignored the announcement and continued the illegal construction. In the afternoon of July 29 when the officers of Xiaoshan sub-bureau of Hangzhou national land and resource administrative bureau, Xiaoshan district city administrative general law enforcement bureau entered into Chewan Village, Dangshan town, to demolish the illegal construction, the incited masses resorted to violence to resist the carrying out of the law. They besieged, beat, and blocked the officers from entering into the construction site. Some climbed onto the scaffolding and refused to leave in order to hinder the officers from demolishing the building. Some threw bricks from the building, openly resisting the carrying out of the law. Some forcibly rushed across the cordon, ran onto the construction site to disturb the carrying out of the law. Guo Lijun climbed up onto the roof of the building.
After the demolition, a few hundred incited masses stormed the government asking for the release of their people. They beat and scolded the government officers and the policemen who are maintaining order and attacked the cordon, which resulted in the injuries of many officers. After the event, Wang Weiliang continued to distort the facts by publishing articles on the Internet, continued inciting the masses.
The above facts are proved by the 8 defendants’ confession, along with the following evidence:
1. 30 witnesses’ testimonies to prove certain facts mentioned above.
2. 21 witness’ testimonies to prove certain facts mentioned above.
3. 15 witness’ testimonies to prove certain facts mentioned above.
4. 32 witness’ testimonies to prove certain facts mentioned above.
5. Xiaoshan district Dangshan town government’s general plan, proving the illegal building is on the planned field.
6. Dangshan government’s law and policy propaganda material, proving that the government did try to explain the law to the masses and persuade the masses from building the illegal construction.
7. Investigation material about the illegal building action and “Rearranging the land immediately announcement”, Xiaoshan government’s public notice, proving the government did investigate into the event and ordered the stop and dismantling of the illegal project.
8. Situation descriptions and pictures to show the incited masses throwing bricks from the scaffolding and building caused the injuries of officers.
9. Wang Weiliang’s article published on the Internet, proving he continued to incite the masses and distort the facts after the event.
10. Medical reports, proving some officers were injured when they were carrying out the law.
11. Household registration certificates, proving the identities of the defendants.
The court accepts the above evidence after the court investigation, and acknowledges the facts in this case.
The medical case histories, medical check reports, and invoices of medical treatment of Wang, etc, brought up by the defense attorney of Ni Weimin, as evidences to prove that the government officers beat the masses when carrying out the law are rejected because the above evidence can only prove they were hurt and received medical treatment, but can not prove they are relative to the police-masses conflict.
Feng Guangliang’s plea that he had no purpose to incite the resistance of carrying out the law by violence and the plea by Luo Bingliang that he did nothing to incite the masses are rejected because there is enough evidence to show they did incite the masses to resist the carrying out of the law on purpose.
Feng Guangliang’s argument that he did not participate in the project is rejected because the confessions of other defendants prove he did take part in the project.
The defense attorney’s argument that there were extortion confessions by torture in the investigation process is rejected because we did not see such phenomena, and the testimonies proving extortion confessions by torture is made under instigation.
The defense attorney’s argument that the local government has no legal right to demolish an illegal building is rejected because according to the “Chinese Land Administrative Law,” “Chinese Municipal Plan Law,” “Zhejiang Province’s Execution Methods of Chinese Land Administrative Law,” and “Hangzhou City’s Land Administrative Regulation,” the Xiaoshan district government has the right to carry out the above law.
Our court concludes that:
In order to make the illegal building an accomplished feat, the 8 defendants ignored the national law and prompted the masses to block the illegal construction site, although they clearly knew it was illegal construction without the approval of the government, and to be demolished. The 8 defendants’ actions constitute the crime of inciting to resist the carrying out of the law by violence. They are to be punished according to the law considering the severe consequences, that is, the fact of the incited masses’ besieging, beating, and other violent methods of the government officers to hinder the carrying out of the law.
Our court supports the convictions on the indictment, which is liable. The defense attorney’s submission that the defendants’ actions do not constitute the crime of inciting to resist the carrying out of the law by violence is rejected because it is not confirmed by the facts acquired by the court. The crime is a joint crime, in which Shen Zhuke, the principal offender, played the main role, and should be punished according to all the crimes. The other defendants, accessory offenders who played secondary roles in the case, should be punished lighter according to the law.
Shen Chengyi and Wang Weiliang are punished lighter according to the principle of lighter punishment. Ni Weimin, Guo Lijun, Shen Jianjian, and Luo Bingliang’s punishments are reduced. Shen Chengyi, Ni Weimin, Guo Lijun, and Shan Jianjian have shown penitence and can be sentenced with reprieves. Shen Zhuke is sentenced lighter because of her good attitude to confess her crime.
In order to punish the crime and maintain the national legal order according to the “Criminal Law of the People’s Republic of China,” we sentence as follows:
1. Shen Zhuke, who commits the crime of inciting to resist the carrying out of the law by violence, sentenced to a fix-term imprisonment of 3 years and 6 months. The term starts from when the sentence is executed; the previous custody period is converted into sentence till the announcement of the sentence. Thus the term is from August 5, 2006 to February 4, 2010.
2. Shen Chengyi sentenced to a fix-term imprisonment of 3 years.
3. Wang Weiliang sentenced to a fix-term imprisonment of 3 years.
4. Feng Guang Liang sentenced to a fix-term imprisonment of 2 years.
5. Ni Weimin sentenced to a fix-term imprisonment of 2 years with a reprieve of 2 years. The reprieve probation period starts from the date of the sentence announcement.
6. Guo Lijun sentenced to a fix-term imprisonment of 1 year with a reprieve of 2 years.
7. Shen Jianjian sentenced to a fix-term imprisonment of 1 year with a reprieve of 2 years.
8. Luo Bingliang sentenced to a fix-term imprisonment of 1 year.
If not in compliance with this sentence, you can appeal to the Hangzhou intermediate people’s court within 10 days after you receive this verdict, either directly or through our court. Submit your original written appeal with two copies.
Chief Judge: Yu Xia
Judge: Chen Li
Deputy Judge: Chen Xin
Secretary: Chen Jinliang
December 22, 2006
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