Because of an online article entitled "China Shenjiu" Hongmao medicinal liquor, poison fell from the sky, Guangzhou doctor Tan Qindong was arrested by Liangcheng police in Inner Mongolia for allegedly damaging the reputation of goods, and was later detained, arrested and handed over to the procuratorate for review and prosecution, which caused an uproar.
On the afternoon of April 17, the official Weibo of the People's Procuratorate of Inner Mongolia Autonomous Region issued a briefing. According to the Supreme People's Procuratorate's instructions, Liangcheng County People's Procuratorate has been instructed to return the case to the public security organ for supplementary investigation and change compulsory measures. At the same time, Weibo, the official of the Ministry of Public Security, also responded by immediately launching relevant law enforcement supervision procedures, and has instructed the public security organs in Inner Mongolia to carry out verification work according to law and strengthen law enforcement supervision. At 0: 00 pm/kloc-8: 00 pm, Dr. Tan Qindong walked out of Liangcheng County Detention Center after being released on bail pending trial.
Although the proceedings have not been completed and the case has not been finalized, the clues exposed in this case have been thought-provoking. It is what the higher-level procuratorate recognized-"the facts of the case are unclear and the evidence is insufficient." Social harmfulness is the basic condition for conviction and sentencing. Specifically, in the crime of damaging the reputation of goods, it is manifested as "causing great losses to others or other serious circumstances". In the Supreme Law's Reference to Criminal Cases, the consequences of causing serious economic losses are also stipulated. An article named "Hongmao Medicinal Liquor" from China, the poison from heaven (formerly "Mao") was only clicked more than 2000 times. Can I "refund a number of dealers with a total amount of 8277 12 yuan"? The causal relationship between criminal behavior and consequences is obviously doubtful.
Moreover, as a doctor, although his online posting is suspected of violating the rules in terms of terminology, in the public's view, it is generally questioned by a professional and belongs to "some different views in popular science and popular science articles". Judging from the available evidence, it is not instigated by the so-called "competitors". There is no subjective intention to hope or let this result happen, knowing that fabricating facts and spreading false information will inevitably harm the goodwill of others. In other words, posting behavior alone cannot prove that the poster is subjective and vicious enough to be severely punished by punishment. Even if the words "poison" are suspected of violating the rules, it is not appropriate to raise the criminal responsibility stick and pursue it for a long distance.
From the investigation, it is not only the problem of "unclear facts and insufficient evidence", but also many problems in the proceedings. It is easy to be understood as "local protectionism" that the local police who exercise the power of investigation intervene to protect specific local enterprises. Dr. Tan Qindong was detained by Liangcheng police and subsequently arrested. Compared with the Criminal Procedure Law and the Criminal Procedure Rules of the People's Procuratorate, these coercive measures seem untenable. For example, the statutory condition for approving an arrest is that there is evidence to prove that there is a criminal fact, and the "unclear facts and insufficient evidence" in this case do not meet the basic conditions for arrest.
Power is the public instrument of the country, which must be used with caution and must not be willful. In order to prevent the abuse of power, national legislation has defined the procedures, standards and requirements of law enforcement, which is the boundary of power and an insurmountable red line. Under the supervision of public opinion, the procuratorial organs at higher levels and the public security departments actively responded and promoted the solution of the problem, which reflected the clear attitude of regulating power and also sounded the alarm for many law enforcers. Governing the country according to law in an all-round way needs to start with specific cases. Seize this opportunity to deepen the rule of law, draw inferences from others, further improve the awareness of the rule of law, strengthen law enforcement supervision, and "tighten the curse" on power while investigating accountability in depth, so as to truly avoid the recurrence of similar absurd law enforcement.
Source of this article: CCTV News Mobile Network