The judge of Cui Yongyuan's explosion in northern Shaanxi has been instructed by the Supreme Court to analyze: the door of the case file may shake the court
The video uploaded by Cui Yongyuan, the former host of CCTV, showed that Wang Linqing, the judge handling the 100-billion-dollar mining rights case in northern Shaanxi, broke the news that he was told by the leaders in 2016 that the Supreme Court had clear instructions on the case and that the second-instance case would be sent back for the second time.Retrial, but in his view, violated the provisions of the Civil Procedure Law.
In an interview with Lianhe Zaobao, former CCTV host Cui Yongyuan expressed confidence that he has a good chance of winning the lawsuit against the Supreme Court.(Photo by Meng Dandan)
The matter of the Supreme People's Court's case file has continued to ferment. Cui Yongyuan, the former host of CCTV, and Wang Linqing, the judge handling the case, have repeatedly revealed more violent stories in the past few days, pointing the finger at the highest level of the Supreme Court.Analysts pointed out that Cui Yongyuan's detonation of the case files may shake the field of China's highest judge.
According to a video uploaded by Cui Yongyuan on Weibo yesterday morning, Wang Linqing, the judge handling the 100 billion mining rights case in northern Shaanxi, broke the news that he was told by the leadership in 2016 that the Supreme Court had clear instructions on the case and that the second instance case would be republished.Back to retrial, but in his view, violated the provisions of the Civil Procedure Law.
He also said that he was later told not to send the case back for retrial, but was asked to make a judgment that lacked legal basis.However, the relevant video has been deleted last night.
In the two videos circulated earlier, Wang Linqing revealed that the file of the 100 billion mining rights case in northern Shaanxi was mysteriously stolen from his office, and the two monitors installed not long ago were damaged.He added that posting the video was for self-protection.
Wang Linqing complained in another video that he was intervened in another mining rights case.He also claimed that he was retaliated against for impartially enforcing the law and once lost his personal freedom.So far, the official has not responded or clarified the authenticity of Wang Linqing's revelations in the video.
Caixin’s official microblog last night quoted a person close to Wang Linqing as saying that he showed up at his workplace on January 3, and was then taken to a hotel near the Supreme Court to be interrogated by an investigation team of the Supreme Court. The family members were worried about the direction of the investigation.
Wang Linqing's appearance on the Internet to speak about the case triggered more speculation about the 100 billion mineral rights case in northern Shaanxi. At the same time, Cui Yongyuan posted on Weibo on the 2nd of this month that the biggest black hole in the case was not the loss of documents, and posted several incomplete documentary evidence.The photos imply that the case will be judged first, and then the trial will be held.
One of the photos shows that Xi Xiaoming, the former vice-president of the Supreme People's Court, mentioned in the instructions: According to the instructions of President Zhou, the relevant information of the case should be kept strictly confidential.Xi Xiaoming was sacked in July 2015 for violating discipline and law. President Zhou is believed to be referring to Zhou Qiang, President of the Supreme People's Court.
The 100 billion mining rights case in northern Shaanxi is a private enterprise rights protection lawsuit that has been going on for 12 years. It revolves around a private enterprise in Shaanxi, Kaiqilai, and the Xi’an Institute of Geology and Mineral Exploration and Development (referred to as Xi’an Research Institute), with a combined valuation of 100 billion yuan (about20 billion Singapore dollars) dispute over the ownership of coal mines.
Based on the analysis of the Chinese media, Kechley and the Western Exploration Institute signed a cooperative exploration agreement in 2003, but the latter later signed an agreement with another Hong Kong company, which sparked the controversy of one daughter and two marriages.After more than 10 years of litigation between the two parties, Kechlai successfully appealed in December 2017, which was seen as a manifestation of the central government's protection of the property rights of private enterprises.
Cui Yongyuan: Ask the Supreme Court for an apology
However, on the 26th of last month, Cui Yongyuan posted a Weibo account of a thief in the Supreme Court, pointing out that a file of the case had mysteriously disappeared in the Supreme Court.Afterwards, the Supreme Court first refuted the rumors through the media, and then changed its stance, stating that an investigation had been launched and that any violators would be dealt with seriously.
On the 2nd of this month, Cui Yongyuan also pursued the right of reputation to the Supreme Court on Weibo, expressing that he would file a lawsuit with the Supreme Court for slandering him and spreading rumors, and hoped that a lawyer could help him regain his dignity.
When Cui Yongyuan was interviewed by Lianhe Zaobao last night, he seemed confident in suing the Supreme Court and believed that the chances of winning were great.But he emphasized that what he wants now is an apology, otherwise he will initiate a civil lawsuit, and if it fails, he will propose to the National People's Congress to amend the law.
Cui Yongyuan also believes that to make Chinese people have hope and confidence in the rule of law, it starts with the Supreme Court being able to apologize to citizens.
He said: If my case is established, the common people will know that no one can wrong you, and they will trust the laws of the country.Look at the laws of the country, which protect the legitimate rights and interests of every citizen... no matter who you are, you cannot infringe on the legitimate rights and interests of an ordinary person.
From the shady scenes in the entertainment industry to the disclosure of the theft of important documents from the Supreme Court, Cui Yongyuan has repeatedly stirred up Chinese public opinion since last year.He appeared on a talk show on the 4th of this month, and half-jokingly declared: I am very hard in the backstage, so hard that you can't think of it.
At present, it is still unpredictable whether Cui Yongyuan's revelation will trigger a chain effect like exposing the famous movie star Fan Bingbing's tax evasion and the yin and yang contracts in the entertainment industry.However, some analysts believe that the incident has revealed some long-standing shortcomings of China's judiciary, such as the rule of man over the rule of law, the administrativeization of the judiciary, the lack of independence of the judiciary, and judicial corruption. Cui Yongyuan's revelation may help promote the above-mentioned shortcomings of official reform.
Comment: It is a great irony that people who know the most about the law cannot get legal relief
The Paper's chief commentator Shen Bin pointed out in a comment yesterday that the incident made people see the hesitation of the Supreme Court judges, their helplessness in the face of "retaliation" from their superiors, and the fear of losing their case files.It would be a great irony to have no legal relief.
The commentary pointed out that the incident continued to remain in the cycle of breaking the news and guessing riddles, which seriously affected the credibility of China's highest judicial organ and the expectations of the whole society for the vision of the rule of law.
The comment said: Judicial reform, especially the trial-centered lsquo;niubi rsquo;, is to achieve the goal of lsquo;let the judges judge and make the judges responsible rsquo;, let the judges be responsible for the cases they hear, notLet the leaders behind the verdict decide the case.
If my case is established, the common people will know that no one can wrong you, and they will believe in the laws of the country.Look at the laws of the country, which protect the legitimate rights and interests of every citizen... no matter who you are, you cannot infringe on the legitimate rights and interests of an ordinary person.
mdash;mdash;Cui Yongyuan
