Xinhua News Agency, Beijing, April 19th Title: The legal bottom line cannot be crossed — — Two criminal cases in Pingdu, Shandong Province and Zhenjiang, Jiangsu Province were committed under the banner of "retired soldiers" inside and outside the trial.
People’s Daily reporter Xinhua News Agency reporter
On April 19th, two criminal cases in Pingdu, Shandong Province and Zhenjiang, Jiangsu Province were publicly pronounced in the first instance under the banner of "ex-servicemen".
The people’s court of Weicheng District, Weifang City, Shandong Province sentenced nine defendants, including Zhong Shifeng, to two to six years in prison for the crime of gathering people to disturb social order and nuisance of official duties, and two of them were suspended. The People’s Court of tongshan district, Xuzhou City, Jiangsu Province sentenced nine defendants, including Bai Junguo, to two to four years in prison for the crime of gathering people to disturb social order and intentional injury, and two of them were suspended. The defendants in both cases pleaded guilty in court and served their sentences without appealing.
The hammer fell and the sound was sonorous.
In the new era of comprehensively administering the country according to law, how to better defend the dignity of the rule of law, deeply plant the belief in the rule of law, and ensure the people to live and work in peace and contentment, social stability and order, and long-term stability of the country … … The trial of the two cases in accordance with the law won the support of the broad masses of the people and the support of the active and retired soldiers. The cases and many details displayed in the trial also caused people to think more.
It is shocking to restore the violent crime at the scene with conclusive evidence.
April 15, 2019, Weifang, Shandong.
At about 8 o’clock, the national emblem was hung high in the solemn court, and the presiding judge sounded the gavel and announced the trial. Under the escort of bailiffs, defendants Zhong Shifeng, Yu Youfeng, Wang Xuzhang, Chen Jun, Wang Xiuqi, Hao Dongdai, Yang Xiaoqing, Ge Degao and Zhang Shanyan entered the court.
After the presiding judge informed the defendant and the defender of their litigation rights in court, the court investigation began. The prosecutor read the indictment. The defendant and the defender have no objection to the alleged criminal facts.
A large number of witness testimony, victim’s injury identification and statement, defendant’s confession and self-written materials, as well as audio-visual materials, physical evidence and documentary evidence & HELIP; … Groups of evidence submitted by the public prosecutor, proved in court, cross-examined and confirmed by the court restored the violent crime scene in Pingdu, Shandong Province in October 2018 — —
Since October 5, Yu Youfeng, Zhong Shifeng, Wang Xuzhang and others have fabricated and disseminated false information that "veterans have been beaten", inciting a large number of people to gather illegally in front of Pingdu Municipal Committee and March illegally. By noon on the 6th, more than 300 people had gathered. During the period, people gathered to play slogans, shout slogans, pull the warning line, and carry flags to meet the "solidarity" personnel.
By 13: 00 on the 6th, 60 sledgehammers with a length of 1.8 meters, 45 pickaxes with a length of 1.2 meters, 16 dry powder fire extinguishers and a bag of putty powder arranged by Zhong Shifeng had been delivered to the gathering site in batches. On how to use wooden sticks to fight against law enforcement, Zhong Shifeng also gave an on-site professor.
According to the division of labor, Yu Youfeng, Wang Xiuqi, Ji Lianjing (handled separately), Ge Degao and others incited and threatened to use violence through WeChat and live speeches. Wang Xiuqi’s confession shows that he shouted at the scene with a horn: "As long as you don’t die, you will die!"
The people who gathered illegally at the scene were emotional and the situation was explosive. At about 14 o’clock, when Chen Jun and others were responding to the newcomers, Tian Wencai (handled separately) saw that Ji Lianjing and a policeman fell to the ground at the same time in the flower bed. Ji Lianjing and Tian Wencai took the opportunity to shout "The police hit people" and besieged the police on duty. In order to prevent the situation from expanding, the duty officer brought some illegally gathered people to the police bus according to law.
It can be seen from the surveillance video broadcast in court that Zhong Shifeng, who received the report, led the personnel to rush to the vicinity of the bus with wooden sticks and fire extinguishers, and sprayed dry powder on duty personnel with fire extinguishers, causing chaos on the scene.
The video evidence clearly shows that Yang Xiaoqing smashed the cab glass of the bus with a wooden stick, and Ge Degao, Chen Jun and others successively sprayed dry powder on the bus, which made it difficult for people inside to breathe and forced them to climb from the skylight to the roof. Wang Xiuqi and others sprayed dry powder on the roof personnel, Zhang Shanyan and others stabbed the roof personnel with wooden sticks, and others threw stones, bricks, Mazar-e, etc.
In more than 10 minutes, Zhong Shifeng, Chen Jun, Wang Xiuqi, Hao Dongdai, Ge Degao, Zhang Shanyan and others continued to violently attack the duty officers and smashed them at the scene. Zhong Shifeng recalled in his confession: "One man hit a policeman on the head with a pickaxe, and the other man’s head bled. Others also hit the policeman on the head with sticks … …”
This series of illegal and criminal acts has caused many policemen, staff and people on duty to be injured, one of whom was seriously injured; Four vehicles and some road guardrails were damaged; Many units around Pingdu People’s Hospital can’t work normally; Sixteen bus lines could not operate, and four lines were forced to change routes, reducing the number of passengers transported by more than 80 thousand people year-on-year; Dozens of shopping malls and shops can’t operate normally, resulting in huge direct economic losses.
In the case of Zhenjiang, which was heard in public in Xuzhou, Jiangsu Province on April 16th, the crime scene in which a large amount of evidence was restored was equally shocking.
Since June 19, 2018, under the instigation of Yin Yousheng, Jiang Cheng, Wang Yihong and others, more than 1,000 people from all over the country have rushed to Zhenjiang to gather illegally. From 20th to 23rd, Bai Junguo and Gao Jianhui successively served as "commanders" at the scene; With the cooperation of Wang Yihong, Niu Weihao filmed and disseminated false video information and delivered an encouraging speech on the spot. Zhang Xiaolong and Li Xiangyang participated in planning division of labor and transfer; Huang Ningjun organized a procession to shout the slogan … …
With the planning, organization, command, instigation and active participation of Bai Junguo and others, illegal people gathered in the roads, squares and the surrounding areas of artificial lakes in front of Zhenjiang Municipal Government, and attacked the warning fence, holding sticks, bricks, wine bottles and other violence against law enforcement and beating government workers.
"When I was still discouraging the other party from cooperating with the work, suddenly four or five people grabbed my clothes and pulled me into the opposite crowd." The testimony of the injured person Zhu said, "I was hit on the head with a hard object just after I entered. I was knocked to the ground. Someone hit me with a wooden stick. Someone punched and kicked me. My head and face were covered with blood."
"Several people standing by the lake pulled me into their crowd and knocked me down. I wanted to get up. Someone hit me on the leg with a stick, and then someone grabbed my helmet by the neck and hit me on the head with a brick … … Later, I was beaten to death. " The testimony of the injured Lu said.
This series of illegal and criminal acts has left the local people with a lingering fear: dozens of government workers were injured, the normal work of Zhenjiang municipal government and other related units was stagnant, traffic jams near the scene, bus lines were forced to be adjusted, the surrounding environment and public facilities were greatly damaged, and citizens’ travel and daily life were deeply affected.
The public prosecutor pointed out in court that the defendant’s criminal behavior seriously damaged social order, challenged the authority of law enforcement, seriously damaged the prestige of the government, and seriously affected the lives of the people involved and their families. As one defendant said in his repentance book, "It has brought harm to the family, set a bad example to the children, failed to cultivate, educate and trust the organization, and was sorry for the troops and the family."
"Touching porcelain" fraud incites gathering, and the division of labor is clear.
With the deepening of the trial, many evidences proved that the two criminal cases committed under the banner of "ex-servicemen" were upgraded from illegal gathering to serious violent crimes, and the "fuse" was all false information that someone had fabricated in advance that "ex-servicemen were beaten".
On June 19, 2018, it was learned that more than 100 people gathered in front of the Zhenjiang municipal government to reflect their demands. Yin Yousheng, Jiang Cheng and others actively connected in series and called more people to Zhenjiang to "support".
At 4 o’clock in the morning on the 20th, after being interviewed and persuaded, some people agreed to leave. Wang Yihong and others were extremely unwilling to this and tried their best to obstruct it at the scene. Prompted by others, Wang Yihong fell to the ground on his own without being touched, and was injured. People next to them took pictures and then sent them to the WeChat group for incitement.
The surveillance video broadcast at the trial site and Wang Yihong’s confession confirmed this process. "Someone asked, is anyone injured? I said, nobody, I’ll lie down and you can shoot the video. I just lay down on the ground, face up, pull my coat open and let them shoot. " Wang Yihong said in his confession.
Wang Yihong was immediately taken to the hospital. A number of inspection reports presented at the trial site showed that Wang Yihong had no abnormalities in his body. However, the false information of "veterans being beaten" is widely spread and rapidly spread through WeChat group and QQ group. Many people were incited by this and rushed to Zhenjiang to "discuss for the beaten veterans."
"I saw a video in the WeChat group, and I thought at that time, the opportunity came, and this time I can make things bigger." Zhang Xiaolong confessed, and he immediately forwarded it to WeChat, "calling on comrades-in-arms all over the country to support".
Niu Weihao was one of the early arrivals. After getting off the bus, he rushed to the hospital to shoot and distribute the video of "Wang Yihong’s oral beating" to enhance his credibility. "After I sent the video and voice, I just wanted to strengthen the confidence of more people to support and achieve the purpose of assembly more effectively."
The evidence shows that in order to clarify the truth, on June 21, Zhenjiang municipal government staff transferred the surveillance video to play on the spot. The people who gathered illegally at the scene felt cheated and planned to evacuate. Niu Weihao saw that the rumor was debunked, forcibly turned off the broadcasting equipment, insulted the staff and threatened the illegal gathering people who planned to return; And once again went to the hospital to shoot Wang Yihong’s "beaten" video and sent it to the WeChat group, inciting more people to rush to Zhenjiang.
In the case of Pingdu, Shandong Province, the methods of forgery and incitement are exactly the same.
On October 4, 2018, 38 people, including Yu Youfeng, planned to illegally gather and petition in the name of "tourism" because they were not satisfied with the public service posts that the government had placed.
In the process of persuading the local party Committee and government to return, Yu Youfeng and others spread false information such as "being beaten" by telephone and WeChat, inciting people from all over the country to "support" and admitted to the hospital.
The evidence presented in court showed that Yu Youfeng found no abnormality in many inspections. Later, Wang Xuzhang and others who rushed to Pingdu came to the hospital, still filming the "injuries" of Youfeng and others, posting them in the WeChat group and inciting people from all over the country to "tell each other" and "arrive on time".
Wang Xuzhang’s confession presented in court said: "On the surface, it is for 38 people ‘ Be beaten ’ The comrades-in-arms are actually taking the opportunity to gather more comrades-in-arms, causing influence and putting pressure on the government. "
In the process of illegal gathering, Yu Youfeng also rushed to the scene to tell the story of the fictional "being beaten" and sent a voice in the WeChat group to further incite.
During the trial, the prosecutor asked Yu Youfeng: "On the evening of October 5, 2018, did you send ‘ in the WeChat group? You should prepare more sticks ’ ‘ If they dare to rush in, they will fight to the death ’ Waiting for voice? "
Yu Youfeng replied: "Yes."
"The defendant in ‘ Retired soldiers ’ Banner, illegal gathering, organized, planned and premeditated to commit serious violent crimes. " In the court debate stage, the prosecutor pointed out in court.
The public prosecutor said that these defendants relied on their influence and "outstanding performance" in previous illegal gatherings, or planned and incited them all the time, or helped each other at key nodes, which led to the rapid development of the gathering scale and the escalating on-site behavior.
The video played in court intuitively showed the different roles played by the defendants in the case of Zhenjiang, Jiangsu Province: some people were in charge of on-site command, some people incited and shouted at the scene, some people planned personnel gathering and relocation, some people were in charge of external liaison and purchasing materials, and some people organized queues and shouted slogans.
"The time should last for three to five days, and the number of people should reach more than 3,000, and they are not prepared to dock with the Zhenjiang government, requiring higher-level leaders to pay attention." This is the "plan" set by Bai Junguo and others at the "meeting" on the spot.
The evidence shows that on the afternoon of June 21, 2018, Bai Junguo led people out to go to the toilet. When they returned, they were isolated and could not return to the North Shore Square of the artificial lake. It was agreed that Bai Junguo led the personnel to move to the south bank of the artificial lake. At this time, Niu Weihao put forward the strategy of "combining static and dynamic": when there are few people, sit still to delay the time, wait for the scale of personnel to expand, and then adopt the "dynamic and static way" to put pressure on the government.
In response to the persuasion of government workers, Niu Weihao also proposed three "programs": the first one, you can jump into the lake; Second, run to the highway; Third, disband on the spot and assemble again the next day.
Clear organization and division of labor also appeared in the illegal gathering in Pingdu, Shandong Province. Zhong Shifeng confessed that after the activists from all over the country called the leaders, they met at the scene to discuss the time, place and activities of the gathering, as well as to determine the personnel and content of the negotiations with the government.
"According to past experience, the local comrades-in-arms in the incident area served as ‘ Command ’ 。” Wang Xuzhang also confessed that the "conductor" called out some activists from all over the world to hold a "meeting".
The defendant’s confession presented in court shows that in addition to "solidarity", it is the general psychology of these illegal gathering people to take the opportunity to expand their influence and ask the government for money as a condition for returning and avoiding troubles.
"Many people pick it up in this name ‘ Gun shell ’ (Cheap), because in the previous gathering events, they all received money from the local government, ranging from 2,500 yuan to 1,500 yuan. They believe that Zhenjiang is economically developed and should give more. " Gao Jianhui confessed.
It is understood that these two cases are not a case. Since 2018, illegal gatherings under the banner of "ex-servicemen" have occurred one after another in many places, which are characterized by organization, scale and violence, seriously disrupting the work of local party and government departments, normal social order and people’s production and life. In addition, there have been many incidents in which a very small number of people made free trips in the name of offering sacrifices and commemorating, refused to pay high-speed tolls, scenic spot tickets and other troubles, which were strongly reflected by the people.
The true color gradually fades, the selfish desire expands, relying on "merit" to regard "people outside the law"
No matter at the trial site, or in the confession and self-written materials, the defendants in both cases have deeply reflected and analyzed their mental journey.
As Yu Youfeng said: "I constantly and deeply review myself and examine myself. What happened, how did I become such a person? "
Bai Junguo, who acted as the on-site "conductor" in Zhenjiang, joined the army in 1989 and retired in 1992. He was placed in a carpet factory in Gongyi, Henan Province, and later worked in the post office. In 2001, he has been doing odd jobs to make a living since he was laid off due to enterprise restructuring.
Before 2017, Bai Junguo did not participate in illegal petitions. In May of that year, he joined the WeChat group of some related groups and participated in an illegal petition, and got 5,000 yuan in cash.
"At that time, my thoughts changed a lot, and I gradually got rid of the initial resettlement demands and paid more attention to money and interests." Bai junguo confessed.
Since then, he began to make a profit by visiting under the banner of "ex-servicemen", calling himself "the secretary of the national ex-servicemen", illegally gathering people from all over the country in series, convening "activities" in the name of birthdays and collective signatures, and exerting pressure on local governments, demanding money totaling more than 430,000 yuan in one or two years.
"Money comes too easily. As long as you want money, just find a name to call everyone to gather in the WeChat group. " Bai Junguo said, "Several local governments gave me 50,000 yuan at a time and three times to prevent me from gathering."
The evidence shows that after being persuaded to leave Zhenjiang, Bai Junguo felt that he could not come for nothing. Soon after, he returned to Zhenjiang, lied that he had lost his cash and mobile phone, and blackmailed government workers into giving him 20,000 yuan for "travelling expenses". He also bought a mobile phone with a price of 6,500 yuan, threatening government workers to pay for it.
Gao Jianhui, who is also the "conductor" of Zhenjiang, joined the WeChat group of some related groups in April 2018, blindly compared with various information, and his psychology gradually became unbalanced.
"I suddenly feel that I can do whatever I want, and I can look for it wherever I want, because I hold the status of a retired soldier." Gao Jianhui confessed that he began to participate in petition activities, acted as a "conductor" in the illegal gathering incident in Luohe, Henan Province, and took over as a "conductor" in Zhenjiang with this "qualification". He also changed the name of WeChat to Zhenjiang Incident Command, putting pressure on the local government.
Why do you have to make trouble repeatedly? Gao Jianhui has his own purpose. "If you make a serious personal trouble, you will probably be given priority."
There are more people with similar ideas. Bai Junguo confessed: "I went to Zhenjiang to express my solidarity ‘ Commander-in-Chief ’ Go, the purpose is to improve my popularity. " Niu Weihao confessed: "After improving my prestige, I will respond with one voice, and veterans from all over the country will come to support me. I will speak with more weight when negotiating with the government in the future. Also, I do elevator business, know more people, and get in touch with local leaders, which is also good for future sales. "
The prosecutor pointed out that for these defendants, in fact, local governments have been trying to care for them. When some defendants retired, the local government arranged jobs with good conditions for them according to the policies at that time. When some defendants were hospitalized, their houses were damaged and other difficulties in life, the local government gave them subsidies and relief many times. Many illegal gathering people are satisfied with the treatment given to them by the state, but there are still some people who want to talk about conditions with the government, hoping that the government can break through the policy boundaries and meet their unreasonable demands.
"The better the government treats me, the more I feel that the government owes me, and the demands made will intensify." Zhang Xiaolong’s confession of participating in many illegal gathering events such as Luohe, Zhenjiang and Pingdu.
He confessed that in 2005, he transferred to Wuxi, Jiangsu Province, signed an agreement to abandon resettlement, and received a self-employment fund. Later, the factory he opened was closed due to poor management, and he began to petition unreasonably, proposing "eight demands" such as giving him administrative establishment, giving him a 60-square-meter house, renting him a 1,000-square-meter factory, and giving him an interest-free loan of 500,000 yuan.
In fact, Zhang Xiaolong is well aware that some demands are "untenable and unreasonable". However, once they didn’t get what they wanted, they tried to make a big deal out of it, and even threatened the government with violent crimes.
"Since the second half of 2018, the slogan in the WeChat group is ‘ As long as you can’t die, do it ’ . At that time, when discussing the matter of Pingdu, it was said that the price must be raised and must be United against it. " Zhong Shifeng confessed.
The 45-year-old Zhong Shifeng had three years of service experience, and the honor he won in the army and the dissatisfaction in real life gradually caused him a psychological gap.
"We didn’t establish a correct outlook on life and values, over-amplified our own contributions, ignored the great efforts made by the party and the government in the resettlement of retired soldiers, and distorted our understanding of society, which caused today’s heavy price." In court, Zhong Shifeng’s defender also analyzed Zhong Shifeng’s psychological changes.
Evidence shows that Zhong Shifeng’s participation in illegal gathering and petitioning has spread all over many provinces and cities. He got "benefits" again and again, and also summed up "experience" — — "A person’s strength is too small, and many people must participate, so as to achieve the goal."
The confessions of several defendants show that "many people participate" is to use this group’s loyalty and emotional characteristics to convey unreasonable demands and irrational emotions, and even fabricate rumors to incite more people to gather and "hold a group" to put pressure on the government.
It is this frequent gathering and mutual influence, as well as unprincipled concessions by a few local governments, that Zhong Shifeng and others become more and more paranoid in their thoughts and extreme in their behaviors, and they develop into organizations to incite and actively participate in illegal gathering and violent smashing, which has caused irreparable serious consequences.
"I don’t think the government will do anything to us because of our identity … … I have a hot head and implemented snoring and wounding behaviors. Now I regret it very much. " Zhong Shifeng said in his confession.
After investigation, 18 defendants were diverse in composition and complicated in background, and many of them had criminal records.
From retiring to fading, from retired personnel to embarking on the road of illegal crimes, these defendants regretted it. They said that they regard the care of the party and the government as a compromise and concession, and mistakenly think that this is obtained by gathering and petitioning again and again, thinking that they are "extra-legal people" with special status. The true colors of soldiers gradually fade, and the awareness of the rule of law gradually fades, and finally they embark on the road of illegal crimes.
Confession and repentance, deep reflection, legal bottom line can not be crossed
"No matter how brilliant you have been, you can’t be a reason for committing a crime. I deeply regret and feel guilty. I failed to live up to the training of the party, the country and the army, the education of my parents, and the expectations of my wife and children. My crime has brought immeasurable losses and serious adverse effects. I am willing to accept the punishment of the law and plead guilty and repent. "
In the face of the solemn court, Zhong Shifeng hid his face and cried several times, bowing and apologizing many times. "I once again say sorry to the police and their families who were injured in this incident." He also submitted an open letter in court, calling on his comrades-in-arms to correctly understand the continuous improvement and development of the resettlement and special care for retired soldiers, act rationally, solve problems according to law, and never do illegal and criminal things to ruin the reputation of soldiers.
Like Zhong Shifeng, in the final statement, the other defendants in the two cases deeply pleaded guilty and repented, and many people cried and bowed deeply in court.
"My words and deeds violated the law, which not only brought bad influence and economic losses to the local government and people, but also blackened the entire group of retired soldiers and ruined myself and my family. I am very sorry." Niu Weihao said that he lost the glorious tradition of the army. "If there is an opportunity, I will show up and apologize publicly, and I will also give the local government an innocence and give an account to the local people."
"I was wrong! What I have done has had a bad influence on the party and the country. I have been training the party and the army for many years and learned a profound lesson that I can’t forget forever. " Wang Xuzhang was saddened. "You can’t think that you can ignore the law if you have made contributions to the country. You must express your demands reasonably and legally, strictly abide by national laws and regulations, and be a person who is beneficial to the country and society and exerts positive energy."
"The party and the country have not abandoned us. The staff of the relevant departments have given us patient and meticulous care and help with the attitude of saving lives and considerate ways, which made me lose my way and repent." Bai Junguo said, "The law is fair and just. There is no place outside the law in the world, and there are no people outside the law on the ground. No one can be lucky enough to violate the law. I hope to take me as a warning and never follow my old path. "
People from all walks of life who walked out of the court and attended the trial and verdict were also deeply touched.
Yang Jie, a member of Xuzhou CPPCC and a physician of tongshan district Hospital of Traditional Chinese Medicine, said: "I fully feel the openness and justice of the court and the dignity of the law, and I feel the determination of the party and the government to crack down on crimes, safeguard fairness and justice and defend the authority of the rule of law. We firmly support the trial of cases according to law. Anyone who crosses the bottom line of the rule of law and tramples on the dignity of the rule of law will be severely punished by law. "
"This case once again profoundly warns us that no reason or banner can be a talisman for illegal crimes." Han Tonghua, director of Qingping Community Industry Committee in Beiguan Street, Weicheng District, Weifang City, Shandong Province, said that the law protects citizens’ rights and citizens should also safeguard their rights according to law. Whether it is to safeguard one’s own rights and interests or to reflect problems and express demands, it should be carried out on the track of the rule of law, within the legal framework and through legal channels. Everyone should consciously improve their legal awareness, act in strict accordance with the law, and be a good citizen who knows, understands, respects and abides by the law.
"The honor of military personnel cannot be profaned, the authority of the rule of law cannot be damaged, and the overall situation of harmonious and stable society cannot be destroyed. Very few people will never be allowed to hit ‘ Retired soldiers ’ Banners disrupt social order, challenge national laws, and harm people’s well-being. " Wu Xianchun, a cadre of Xuzhou Veterans Affairs Bureau, has a firm tone. "No matter whether you are active or retired, you should firmly believe in serving the country and the people. If you change jobs, you will not fade, cherish the honor and keep your true colors forever."
Veterans are the precious wealth of the Party and the country and an important force in building Socialism with Chinese characteristics. The Central Committee of the Communist Party of China and the State Council have always attached great importance to the resettlement and special care for retired soldiers. Especially since the 18th National Congress of the Communist Party of China, they have issued a series of policies to strongly support the employment and entrepreneurship of retired soldiers, specially set up the Department of Veterans Affairs, clearly put forward the formulation of the law on the protection of retired soldiers, and constantly improved the service guarantee system for retired soldiers.
"The rule of law makes the country prosperous. In a socialist country ruled by law, civil rights are guaranteed by law. The party and the state have always attached importance to using laws and policies to safeguard the legitimate rights and interests of the vast number of retired military personnel. The vast number of retired military personnel strive to be a model of obeying laws and regulations and an example of making contributions, and will certainly jointly safeguard the good image and lofty honor of retired military personnel, so that military personnel will always become a respected profession of the whole society. " Gao Mingqin, deputy to the National People’s Congress and director of Shandong Yuandu Yinghe Law Firm, said.
