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 懂英文的请进：这是关于林樟旺案一篇英文文字，不知写些什么？ |
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东海一枭
[个人文集]
加入时间: 2004/02/14
文章: 4280
经验值: 24050
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作者：东海一枭 在 罕见奇谈 发贴, 来自 http://www.hjclub.org
懂英文的请进：这是关于林樟旺案一篇英文文字，不知写些什么？
CDR (Chinese Rights Defenders) Newsletter
Zhejiang Police Illegally Detained Villagers, Abusing Power and Extorting Money
(May 25, 2005) According to information obtained by Chinese Rights Defenders Newsletter, on April 20, 2005, police in Longquan City, Zhejiang Province, detained four villagers and later formally arrested one of them on charges of illegal use of arable land to build a road in an apparent attempt to extort money.
The village of Yaokeng is located in the remote mountains of Zhejiang Province. Until last year, the village was only accessible by narrow footpaths. In January 2004, villagers signed a contract with farmers in the neighboring village Huangta to build a road for cars and trucks so farmers can transport their produce to markets. Four farmers from Huangta village agreed to invest more than 400,000 yuans to build the road and afterwards charges a certain fees for goods transported to the outside using the road. After one year, the villagers?dream came true: the road was completed and for the first time ever they were able to use cars and trucks to transport their goods.
However, on April 20, 2005, police from the local Public Security Bureau抯 Forest Division detained the four farmers from Huangta village on suspicion of 搃llegal occupying and misusing agricultural land.?SPAN style="mso-spacerun: yes "> On April 30, one farmer, Lin Zhangwang, was formally arrested and the three other villagers, Lin Zhangfa, Mao Genshou, and Mei Shanliang were sent home waiting for trail after they were ordered to pay a big sum of money.
揅hinese Rights Defenders (CDR),?the network of Chinese rights activists, demands the immediate release of Lin Zhangwang and the return of the payments to the three other villagers on the bases that the arrest and payments are in violation of these villagers?legal rights protected under Chinese law.
According to PRC Criminal Code, Article 342, 搗iolations of land management regulations, illegal occupying and use of arable land, forest and other agricultural land, changing the purpose of the land, in large acres, hence causing great damage to arable land and forests, are punishable by jail term under 5 years or detention, and/or by a fine.?SPAN style="mso-spacerun: yes "> To constitute criminal violation of this law, it must be shown that the villagers have illegally occupied and used arable land for other purposes such as building factory or residential housing. It must also be shown that the land occupied exceeds a certain number of acres and that the arable land as a result is damaged. But the well-known Chinese lawyer, Gao Zhicheng, who did a legal analysis on this case, sees no evidence of the villagers breaching the relevant articles in the criminal code though the villagers may have arguably neglected administrative procedures required by relevant laws governing land use. The road that was built on the land in question is still for agricultural use. The villagers of Yaokeng remain the collective owners of the land. The only impropriety is that Yaokeng villagers neglected to report to relevant government agency and obtain the appropriate permits. The right way to handle such a case is to ask Yaokeng villagers to submit the neglected application to the relevant government offices and accept certain remedies. It was not the fault of the four detained farmers from the other village ?st1:place w:st="on">Huangta Village. The Public Security and the criminal law have no business in this case. After they detained the farmers, the police gave the absurd reason that the Huangta villager, Lin Zhangwang, who is now formally arrested and charged, that Mr. Lin had the highest share (28%) in the investment in building the road. This is not a legitimate reason.
It quickly became clear this was yet another case of officials and policemen extorting money from farmers. Three of the four detainees were made to pay 5,000 YMB yen each to gain release waiting for trial. On top of that, the local Public Security Bureau also ordered them to pay 60,000 YMB yen in case as 損repay?for restoring 損ublic security.?SPAN style="mso-spacerun: yes "> Distorting money from villagers is in violation of Chinese law and it is clearly a case of power abuse.
This case is also typical in that, like in so many cases of authorities exercising their power above the law in China, after legal experts pointed out the illegality of the detention and arrest, local Public Security authorities continued to refuse dropping the charges and setting free the detainees.
See attachment for lawyer Gao Zhicheng抯 legal briefing in Chinese.
For more information on this case, contact:
Yu Zhanfa （余樟法，网名： 东海一枭）：[email protected]
作者：东海一枭 在 罕见奇谈 发贴, 来自 http://www.hjclub.org |
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