2001April 25, 07:34 China Youth Daily
After the verdict of Zhang Jun's murder and robbery case was pronounced in the first instance, Qin Zhibi, who had been sentenced to death, sued a newspaper in Chongqing for infringing his reputation. It is said that this newspaper recently published a special report, describing in detail the process of acquaintance and love between Zhang Jun and Qin Zhibi, and depicting the "love triangle" between Qin Zhibi's mother and daughter and Zhang Jun. After seeing the report, Qin's 25-year-old daughter thought the article was groundless and some words were "like yellow novels". The mother and daughter decided to take the newspaper to court this week.
After reading the report of Southern Metropolis Daily on April 22nd, I felt as if I had focused on Qin Zhibi.
Because of this kind of civil action, the execution of the death penalty may be delayed in the technical details of the law. In fact, even out of greed for life, it is human nature to file a lawsuit to extend life for a few days, as long as it is well-founded in law. But this "rock the boat" made me feel far more than "greedy for life". It is said that it is rare for a condemned man to sue a newspaper for infringement. None of us has ever been accused by a condemned man; I'm afraid it's a long story what it's like to go to court with a condemned man. The impact of this incident on me is that a person who is ruined and about to be "cleared" out of this world still has the right and dignity to seek protection in this world according to law.
Some people may think that being brought to court by a condemned man is rather timid, but it is precisely because there is no sense of dignity. In my opinion, it is not enough to humiliate people's dignity to let the condemned people sue; However, it is shameful to think that people sentenced to death have no "strength to fight back" and write whatever they want regardless of willy-nilly. Whether this newspaper wins or loses, there is nothing to be ashamed of. However, their experience of fighting for dignity directly with condemned prisoners in court will always increase their experience of human rights and dignity more than we do.
Indeed, what we are facing here is not the special dignity of condemned prisoners, but human dignity. Zhang Jun and his gang embarked on the road of no return, precisely because of the disappearance of human dignity, at least because of their disregard for the dignity and rights of others, and their self-dignity will inevitably disappear in the process. The decline of human dignity in a society may be caused by many innocent people in various forms. A criminal with a broken conscience did not lose his dignity when he died. This is an interesting objective fact, which is enough to prove the complexity of people and people's hearts, and also proves that the sense of dignity and rights has its objective universality. Let us who have never committed a crime save more dignity for ourselves and others, and our society will respect people more; A society with more human dignity will have fewer crimes.
In the past few days, with the report of Zhang Jun's group crimes, people have gained more understanding of these criminals who are "born" as young farmers, and have various explanations and inferences about their mental "pathological changes" in order to make them more "reasonable" and "acceptable"-apart from them, what is wrong with our society and people? This kind of thinking is positive and meaningful. But for a group of criminals who are extremely materialistic and do everything they can, the "understanding" of many good people is inevitably pale. You use poverty to explain that they want more than just food and clothing. Of course, explaining it with a sense of dignity will also look pale and powerless. And "light" things are more diffuse and often hidden behind some heavy factors. Dignity can't reach millions, and it can't reach food and clothing, but it is also scarce in our material society. A person can see the dignity and rights of others only when he doesn't feel the dignity and rights. After all, we can smell the remaining "popularity" from those murderers-people who are easy to handle; If we are human beings, we can grasp the law of crime according to the law of human beings, thus reducing the factors of crime from the system and environment. As long as we are human beings, we have confidence.
From the perspective of restoring individual dignity, it may be a long way to build a harmonious society ruled by law. It's a pity that people in China often don't pay much attention to this relatively "distant" thing. (Ma Shaohua)
If Chongqing Higher People's Court decides that Qin Zhibi's execution time is within 1 month, then Qin can die on schedule. However, Lu Haijun believes that from the current legal practice and operation, this possibility is not great.
Chongqing News (correspondent Liao) Yesterday, after the verdict of Zhang Jun case, our reporter interviewed Qin Zhibi's defense lawyer Lu Haijun exclusively. Lu Haijun revealed that Qin Zhibi's mother and daughter will sue a newspaper in Chongqing for infringing their reputation right next week. Due to the appearance of this civil case, according to legal procedures, Qin's execution may be delayed. In addition, it is rare for death row inmates to sue newspapers for infringement.
It is understood that a newspaper in Chongqing published a special report last week, which disclosed in detail how Zhang Jun and Qin Zhibi met and fell in love, and described the "love triangle" between Qin Zhibi's mother and daughter and Zhang Jun, which caused quite a stir in the local area.
After seeing the report, Qin's 25-year-old daughter thought that the article had no basis, and some words were "like yellow novels", which seriously violated her reputation right. It is said that her boyfriend broke up with him after reading the report. Lu Haijun said that Qin Zhibi, who was in the detention center at that time, was also very angry after learning about the incident, saying that the narrative in the article was inconsistent with the facts and infringed on the reputation of herself and her daughter, and entrusted a lawyer to handle the matter. Entrusted by him, he sent a lawyer's letter to the newspaper, asking the newspaper to restore the reputation of Qin mother and daughter, apologize in the newspaper, eliminate the influence and compensate for the losses. But the newspaper didn't respond. Therefore, Qin Zhibi's mother and daughter will file a complaint with the Yuzhong District Court in Chongqing next week to sue the newspaper.
Lu Haijun told reporters that if the court files a case for trial, the execution time of Qin Zhibi's death penalty may be delayed. He analyzed that according to the law, civil cases involving death row inmates cannot be executed before the civil cases are closed. He further introduced that after Qin Zhibi was sentenced to death, he would appeal to the Chongqing Higher People's Court for 10 days. If the second instance judgment of the High Court upholds the original judgment, the longest execution period is 1 month. Next week, Qin Zhibi's mother and daughter will sue the newspaper. According to the provisions of the Civil Procedure Law, the Yuzhong District Court will decide whether to file a case within 7 days. Once the case is put on file, it will take 10 days to determine the shortest court time, so it will take 20 days at the earliest from the case is put on file to determine the court time, and then the trial and judgment will be made.
The reporter suggested that if the court hears and decides on the same day, Qin Zhibi's death penalty may be executed as scheduled. In this regard, Lu Haijun believes that from the perspective of legal practice, this kind of situation rarely happens, and it will often be delayed for several days or even months. Even if the judgment is made on the same day, it will take effect after 15 days; No matter which side loses the case, it is possible to appeal, which will drag on for a longer time, far exceeding the execution period of the death penalty. He pointed out that there is only one situation that will make the case of Qin Zhibi v. this newspaper end quickly: that is, the two parties settle out of court, so it only takes 20 days from the decision to file a case to the final settlement. If Chongqing Higher People's Court decides that Qin Zhibi's execution time is within 1 month, then Qin can die on schedule. However, Lu Haijun believes that from the current legal practice and operation, this possibility is not great. (Southern Metropolis Daily)