Status of Chinese People

About China and Chinese people's living condition

  • China Organ Harvesting Report, in 19 languages

  • Torture methods used by China police

  • Censorship

  • Massive protests & riots in China

  • Top 9 Posts (In 48 hours)

  • All Topics

  • Books to Read

    1. A China More Just, Gao Zhisheng
    2.Officially Sanctioned Crime in China, He Qinglian
    Will the Boat Sink the Water? Chen Guidi, Wu Chuntao
    Losing the New China, Ethan Gutmann
    Nine Commentaries on The Communist Party, the Epochtimes
  • Did you know

    Reporters Without Borders said in it’s 2005 special report titled “Xinhua: the world’s biggest propaganda agency”, that “Xinhua remains the voice of the sole party”, “particularly during the SARS epidemic, Xinhua has for last few months been putting out news reports embarrassing to the government, but they are designed to fool the international community, since they are not published in Chinese.”
  • RSS Feeds for Category

    Organ Harvesting

    Human Rights

    Made in China







    Feed address for any specific category is Category address followed by 'Feed/'.

  • Enter your email address to subscribe to this blog and receive notifications of new posts by email.

    Join 223 other followers

China Politburo Lawsuit Dismissed Without Court Hearing

Posted by Author on November 16, 2007

By Li Zhen,  the Epoch Times, Nov 12, 2007-Shanghai appellant Tong Guoqing

On November 5, Beijing Second Intermediate People’s Court dismissed the lawsuit against former Minister of Public Security Zhou Yongkang without proceedings in a court hearing.

(photo: Shanghai appellant Tong Guoqing)

The plaintiff’s attorney Zheng Enchong indicated the court’s decision violates the law, and could have possibly been made to avoid public and political pressure. The plaintiff Tong Guoqing plans to appeal.

This unprecedented politburo lawsuit was accepted on September 20, 2007, a year after it was filed with the court even though according to China’s Administrative Litigation Law, the court must respond within seven days to decide whether or not to accept a case. The acceptance of the case was considered encouraging to mainlanders, the attorney Zheng Enchong, a Shanghai lawyer and human rights defender, had stated previously that it was already a victory in the history of Chinese petitioners’ human rights litigation.

Defendant Replaced by the Court

The plaintiff, Tong Guoqing, indicated he received the official letter from the Second Intermediate People’s Court on November 7. It was stated that the dismissal was based on it being “Not consistent with the relevant provisions of the Administrative Review Law.” In the letter, the defendant had also been changed to the incumbent Minister of Public Security Meng Jianzhu from the former Minister of Public Security Zhou Yongkang.

Zheng was puzzled about the sudden change of the defendant by the court without a prior notification in accordance with regulations. In the administrative plea issued by the Ministry of Public Security on October 16, as the state’s formal response to Tong’s suing Zhou Yongkang’s failure to carry out his Ministerial duty to protect the appellants, the legal representative was then Minister, Zhou Yongkang. As for the dismissal of the lawsuit, Zheng expressed his disappointment. He said, “The court has violated the legal process at the beginning by delaying the acceptance of a case, and now is making a second even more serious mistake.” Zheng further mentioned, “The Second Intermediate Court is the court of first instance, the legal procedure requires a hearing. Dismissal of a case without a court hearing is a serious violation of the law.”

What’s Happening?

Zheng believed Zhou Yongkang as the Party Chief for the Central Political and Legal Committee has pressured the court to dismiss the case and replace the defendant with his authority in the regime’s law enforcement and justice system. Besides, the dismissal could be the consequence of a new compromise between the two factions inside the Chinese Communist Party (Hu Jintao and Jiang Zemin).

He further analyzed, “Since it was publicized first internationally, this case has been watched closely by the media. It is expected to cause a wave of legal lawsuits filed by petitioners nationwide as a chain reaction, if Beijing Second Intermediate People’s Court initiated the case hearing. The Court did not dare take up this responsibility and chose to dismiss the case.”

As the legal representative of Tong’s case, the Shanghai human rights lawyer Zheng Enchong was summoned once again on November 8 by Shanghai Zhabei District Public Security.

The plaintiff Tong Guoqing was forced to defend his rights through petition after authorities illegally seized his private house in 1999, and forcibly relocated him. During this time, Tong was also pursued by police, beaten and even arrested.

Original report from the Epochtimes


Higher Power Involved in Unprecedented China Politburo Lawsuit

Beijing Accepts Lawsuit Targeting China Politburo Member Zhou Yongkang

Sorry, the comment form is closed at this time.