After investigation, the Education Bureau of Qinzhou District of Tianshui City said that on 2013129 10, a vice-principal surnamed Yang of Yusheng Middle School in Qinzhou District was entrusted by his cousin, and he believed Yang's father's lie that his work was transferred to the urban area and his children needed to borrow books, and took the initiative.
After learning about this, Vice President Yang of Yusheng Middle School was deeply nervous because he arranged for Yang to borrow a student without authorization, and felt great pressure because Yang's parents could not provide their promised job transfer certificate. And privately contacted Yang Jiachang to do the work, and asked Yang to return to his original school as soon as possible, in an attempt to cover up his wrong behavior of privately arranging borrowing students. Yang's father agreed and issued a so-called written explanation for the vice principal to shirk the responsibility for the mistake: "Now Yang has left Yusheng Middle School and has nothing to do with Yusheng Middle School." It is in this case that Yang left school on the morning of 18.
After verification, the education department of Qinzhou District indicated that Yang Ke continued to borrow from Yusheng Middle School in Qinzhou District, and he needed to go through the formal borrowing procedures, or he could go back to Zhenyuan Middle School in Sol Zhang Town, Zhangjiachuan County.
Family response: Yang is not a rumor maker.
I don't know what kind of law this child has violated in administrative detention for seven days. At present, I am most concerned about whether the child's experience and blow will affect his later life. -Yang's father
Regarding the allegations of the police, Yang's father, Yang Niuhu, believes that many residents in the county knew the news before Yang released the news and were spreading it. Yang is not the producer of this information. He also mentioned that the police once said in a bulletin posted on the Internet on September 13 that "the family members of the deceased made subjective assumptions and used others to concoct public opinion to spread the idea that the deceased was beaten to death by others and dumped his body, misleading the masses, confusing the public and seriously interfering with the public security organs in handling cases according to law", which can also prove that Yang is not a rumor maker. Yang Niuhu said that their family had nothing to do with the Gaos family. Although his son said that Weibo "seems to have a parade", it doesn't mean that his son is the organizer of the parade. "There must be many witnesses to this incident (inciting the procession), and there will be a truth after lawyers get involved in this matter and understand the situation."
Lawyer's response: The police need to produce evidence of incitement.
Even if Weibo published by Yang was forwarded 500 times, it could not be regarded as a crime, depending on whether Weibo's information is directly related to the consequences. -Yang's attorney
On the afternoon of September 20th, 20 12, the lawyer of Beijing Law Firm accepted the entrustment of Yang's father, Yang Niuhu, as Yang's agent. It is believed that what Yang said "it seems necessary to March" is only a conjecture of minors in an imperfect state of mind. At best, it is to express junior high school students' views on this matter, rather than calling on everyone to March. The police accused Yang of inciting a demonstration to provide evidence. He said that judging from the information disclosed on the Internet, Yang's behavior does not constitute a crime of provoking trouble. He will rush to Zhangjiachuan County, Gansu Province as soon as possible to meet with the parties, learn the details and make a legal evaluation of the case. At the same time, it is said that detaining Yang just because he posted a few posts on the Internet will have a great impact on the psychology of underage students in school, which is likely to make them paranoid in the future, which is not good for their life growth.
Expert opinion: "For a junior high school student, we should give priority to critical education."
Beijing Youth Daily reporter consulted lawyer Mao Lixin, a criminal defense expert, about "junior high school students being detained for posting". Lawyer Mao raised three questions about the sentencing in this case:
First, "forwarding more than 500 times" is the standard of "serious circumstances" in the judicial interpretation of libel, not the provision of the crime of picking quarrels and provoking troubles. The local police said that Yang was suspected of picking quarrels and provoking troubles and filed a case for investigation according to law, and the police were arrogant in the application of the law.
Second, junior high school students' "fabricating false information" on the Internet constitutes the crime of provoking trouble, but it must be "causing serious public disorder". Are the consequences of this case that serious? Article 5, paragraph 2, of the judicial interpretation states that a crime involves fabricating false information, and its core lies in seriously disturbing public order and endangering the health or other safety of other citizens in the place. Just like pretending to have a bomb in a cinema, it caused confusion among the audience and caused a stampede, which was not serious enough to be investigated as a criminal case.
Third, the local police have a flexible understanding of the law and have the right to decide freely, while the judicial organs tend to further explain and expand it. However, from the principle of criminal law, the criminal procedure law is the last resort, and the principle of modesty is often mentioned in handling criminal cases. This is the basic principle of criminal conviction, which means to achieve the maximum criminal effect with the least amount of criminal law. Only when the law is absolutely necessary-there is no other way to replace the criminal law, can the legislature define an act that violates the legal order as a criminal act. Mao Lixin, a lawyer, said in Weibo after being interviewed by reporters: "For a junior high school student, we should give priority to criticism and education, and punish at most public security and at will. What is the spirit of modesty in criminal law? "
Foreign media attention (according to the reference news network report)
On September 20th, 20 13, the BBC reported that this case was the first case in which a "rumour maker" was detained by "forwarding it more than 500 times" since the judicial authorities in China began to implement the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases such as Using Information Networks.
On September 23rd, 20 13, the British media said that a junior high school student in Zhangjiachuan Hui Autonomous County, Gansu Province was detained by the police for "allegedly causing trouble" because of "posting and reprinting more than 500 times", which was questioned by legal professionals.