Zhu Jiuhu became a formal lawyer of Mo Law Firm after graduation. He used to be the director of the institute and the assistant of Mo Shao Ping, a famous criminal defense lawyer.
Lawyer Mo Shaoping recalled Zhu Jiuhu's situation at that time to China Newsweek: "Very dedicated, conscientious, persistent and extremely diligent." This is also the evaluation of him by almost all parties today.
In 2003, Zhu Jiuhu was transferred to Beijing BoJinghong Law Firm and represented his masterpiece "Sun Dawu Case". He succeeded in protecting Sun Dawu from jail. Zhu Jiuhu has become a rising star of Beijing lawyers and a second-class partner lawyer of BoJinghong Law Firm.
In July 2004, Zhu Jiuhu began to participate in the case of northern Shaanxi Oilfield. 1 1 At the end of the year, we signed a formal agency agreement with the oil boss in Jingbian County.
At the end of 2004, due to various reasons, Bo Jinghong Law Firm could not continue to handle this case. Zhu Jiuhu resigned from Jietong Law Firm to continue to handle cases and became a full-time lawyer.
Zhu Jiuhu's wife, Ms. Xing Wenzeng, told China News Weekly: "After representing this case, Jiuhu can basically go home once a month. Because of the heavy workload of this case, the parties also hope that a lawyer can stay down there for a long time. Therefore, Jiuhu has worked in Jingbian for a long time. "
The last time Ms. Xing saw Zhu Jiuhu was in April of 17, and the last time she spoke by phone was on May 24th. Ms. Xing said that she didn't know where Zhu Jiuhu was at this time.
Since May 14, the oil boss has been detained in Xi 'an, and Zhu Jiuhu has felt the risk. "So on the phone, he didn't say much. Maybe I'm afraid I'm worried. " Ms Xing told China Newsweek.
In the early morning of May 26th, lawyer Zhu Jiuhu was detained in the Shuofang Hotel in Jingbian County. Because Jingbian police and the county party committee refused the interview with China Newsweek, and the reporter failed to find the witnesses at that time, it was impossible to restore the scene at that time.
The reporter of China News Weekly went to Jingbian, northern Shaanxi in June 5438 +2004 10 to cover the progress of the northern Shaanxi oilfield case. Zhu Jiuhu talked with reporters many times. At that time, he was very optimistic about the prospect of the case. Although his colleagues, agents and relatives all praised his professional principles and behaviors, it goes without saying that Zhu Jiuhu is an out-and-out idealist, even a little bookish and "out of date".
He once told China Newsweek: "Even if this case is not accepted, I will stick to it. I will respond to the people's congresses, courts and procuratorates about local government's intervention in local justice. This practice is something that shakes the foundation of the country. It is equivalent to treason in ancient imperial society. But there is no contempt of court in our law. I want to propose a legislative bill to the National People's Congress to add a crime-'the crime of interfering with judicial independence' and join the criminal law. "
This is very obvious in the criminal proceedings he wrote and completed at the end of April.
Generally speaking, lawyers tend to draft complaints concisely because they don't want to expose their intentions and strategies too much before the trial. The administrative complaint written by Zhu Jiuhu is as long as 13000 words. In a sense, this is more like a movement.
In the Administrative Complaint, the plaintiff sued the third-level government of Shaanxi Province for recycling private oil fields as an illegal administrative act and asked the court to revoke it. In addition, the plaintiff also asked the Shaanxi Provincial High Court to put forward some judicial suggestions to organs at all levels, which are summarized as follows.
Put forward judicial suggestions to the State Council, and suggest that the State Council put forward a legislative bill to the National People's Congress. The main contents are as follows: 1. When the lower level government executes the administrative orders of the higher level government, it should first review its legality. After examination, it is considered that the administrative order of the higher level government violates the law, and it has the right to put forward opinions to the higher level government and refuse to implement it; Second, the lower-level government refuses the administrative orders of the higher-level government, and the higher-level government may not use administrative power to force the lower-level government to execute illegal administrative orders; Third, the higher-level government thinks that it is illegal for the lower-level government not to execute the administrative order, and it should bring a lawsuit to the people's court, and the court will make a judicial ruling.
Put forward judicial suggestions to the Supreme People's Court, and suggest that the Supreme People's Court put forward a legislative bill to the National People's Congress. The main contents of the proposal are as follows: first, establish an independent judicial foundation to ensure that the judicial organs are economically independent from the administrative organs; Second, establish a unified national mechanism for the appointment and removal of judges.
Put forward judicial suggestions to the Standing Committee of Shaanxi Provincial People's Congress, which suggested that Jia Zhibang, the former governor of Shaanxi Province, be disqualified from the NPC.
Before lawyer Zhu Jiuhu was detained, the Shaanxi Provincial High Court refused to accept this administrative complaint. According to Qi Yonghong, a lawyer who was present at the time, the reason for the high court's rejection was that the object of prosecution was an abstract administrative act, and the case was being handled by the government, so it was difficult for the court to intervene. On May 27th, 2005, Zhu Jiuhu was detained in Jingbian County, Shaanxi Province. After waiting anxiously for nearly a week, on June 2, Ms. Xing Wenzeng, Zhu Jiuhu's wife, entrusted two lawyers to Jingbian to ask to visit Zhu Jiuhu.
Zhao Xiaobo, a lawyer of Beijing Shengzhi Law Firm, one of the clients, told China Newsweek that Jingbian police confirmed that Zhu Jiuhu was in criminal detention and was suspected of "gathering people to disturb social order" and "illegal gathering", but refused the lawyer's visit request on the grounds of "allegedly revealing state secrets".
"Illegally disturbing social order" belongs to Article 290 of Chapter VI of the Criminal Law. The first paragraph stipulates that "gathering people to disturb social order, if the circumstances are serious, will make work, production, management, teaching and scientific research impossible and cause serious losses", and the second paragraph stipulates that "attacking state organs will make their work impossible and cause serious losses". The ringleaders and active participants can be sentenced to fixed-term imprisonment, criminal detention, public surveillance and other measures.
Lawyer Mo Shaoping explained to China Newsweek that the crime of illegally disturbing public order has strict requirements on the target, that is to say, the target is government organs, schools or scientific research units.
The crime of illegal assembly belongs to Article 296 of Chapter VI of the Criminal Law: "Illegal assembly, procession and demonstration have not been applied for according to law, or their applications have not been approved, or they have not been carried out according to the starting and ending time, place and route permitted by the competent authorities, and they have refused to obey the dissolution order, thus seriously undermining social order".
Zhao Xiaobo, a lawyer, said after consulting the law that if both charges were established, the maximum sentence could be 15 years' imprisonment.
Feng Bingxian, the oil boss of Jingbian County who is still at large, told China Newsweek: "As a lawyer, Zhu Jiuhu is not qualified to attend our decision-making meeting. He never has the right to decide, and all decisions are discussed and decided between our litigation agents. "
What puzzles Qi Yonghong, a colleague of Zhu Jiuhu and another attorney in the case of northern Shaanxi Oilfield, is: "These two charges have nothing to do with state secrets in theory and practice. Because it involves state secrets, it is generally a crime of endangering national security, such as espionage and subversion of the government. "
Zhao Xiaobo told China Newsweek that Jingbian police refused to explain the connection between Zhu Jiuhu's detention and state secrets. On June 6, Beijing Jietong Law Firm received a formal notice of criminal detention, which did not involve state secrets.
China Newsweek's request to interview Shaanxi Provincial Party Committee, Jingbian County Committee and police was rejected.
According to the news from Jietong Law Firm, the firm has reported Zhu Jiuhu's criminal detention to the Beijing Municipal Bureau of Justice and the Lawyers' Rights Protection Committee of the National Lawyers Association, and is actively organizing rescue.
Lawyer Li Heping told China Newsweek: "This incident has aroused the indignation of a large number of professional lawyers, many of whom are willing to provide legal aid, and also aroused the concern of constitutional scholars about property rights, lawyers' professional rights and citizens' personal safety. Now everyone is actively preparing for further legal aid. "
On June 2nd, Bao, member of Chinese People's Political Consultative Conference and president of the Association of Individual and Private Economy, once again wrote to CPC Central Commission for Discipline Inspection, the National Development and Reform Commission, the General Office of the State Council, the General Office of the Central Committee and the Ministry of Public Security on the topic "The dictatorship of Yulin City in northern Shaanxi will further intensify contradictions" to express his concern about this matter.