New capital signs up for dispatch (reporter Meng Xiangchao) 19 days morning at 9 o'clock, liaoning pig peddles Liu Gang to appeal for help twice to be closed into bughouse in Shandong Linyi one case, in Liaoning province north presses down forensic first instance the 3rd times sessional.
Substation of public security of control stand of deliverance of health bureau of political situation of citizen of Linyi of his requirement court decision, city, city, orchid hill limits other body freedom illegally, send bughouse compulsively its, claim for compensation 2 million yuan.
Whether to violate limitative person freedom to become a central issue
The Liu Gang before this to forensic to lodge a complaint, 2008, 2009, its appeal for help in Shandong Linyi city during, in consciousness sober condition falls, be sent to bughouse by Linyi place relevant orgnaization for two times, did not do an examination to be bound give or take an injection fill medicine.
Careful of this front courtyard, the 4 the accused such as substation of public security of management of minister of health bureau of Linyi citizen political situation, city, city, orchid hill all entrust acting lawyer or agent arrives front courtyard. Both sides dominating debate denies the coercive measures that took freedom of illegal limitation person to Liu Gang to spread out a focus to argue namely.
Yesterday morning 11 when half, the judge announces to rest front courtyard.
Mental appraisal already was not had necessary
Front courtyard careful is medium this year in January, debate central issue is Liu Gang whether invigorative disease, whether does the accused have the action that limits accuser person freedom.
Court of intermediate people of city of bright and beautiful state ever planned to entrust orgnaization of appraisal of judicatory of relevant mental disease to hathe most popular watch casesve mental identification to Liu Gang.
Before this, huang Xuetao of researcher of commonweal law institute is accepted " new capital signs up for " when interviewing, think, blame is freewill receive the lawsuit that treats a type, accuser need not prove he is brokenhearted ill. Pester judge at medicine, it is wrong litigant strategy, the citizen that causes person freedom finally is basic the right, become be operated by the subjective judgement of mental family doctor.
In March, both sides dominating debate all agrees to abandon having mental judicatory identification to Liu Gang.
Increase bughouse to be the 3rd person
This year April, this case ever the 2nd open a court session. Outside dividing afore-mentioned 3 the accused, north presses down a court to agree with accuser and procuratorial application, already increased substation of public security of Linyi city orchid hill to be the accused, increase receive the hospital of Rong Jun mental disease that controls Liu Gang to be the 3rd person.
Procuratorial Bao Longjun of Liu Gang says, increase the accused, mean them will from prosecute individual and specific service, change is sue whole " by mental disease " chain.
■ focusing of front courtyard careful
Public security bureau: Dispatch a vehicle giving a person is belonged to helpbrass faucet
Accuser agent wraps Long Jun to think, go out in the process that substation of orchid hill public security is in Linyi city to send Liu Gang toward bughouse forcibly alarm the program is illegimate.
Liu Gang was sent bughouse for the first time 2008. He appeals for help to the door austral municipal government of Linyi municipal Party committee. Governmental personnel was hit to substation of orchid hill public security at that time call the police phone. 6 polices come out inside a patron wagon at that time, forcibly clinch Liu just hauled patron wagon, take its control stand of deliverance of past Linyi city. After 5 minutes, liu Gang by same patron wagon sends to specialized subject of mental disease of Rong Jun hospital.
Bao Longjun says, hurry to the fuzz of the spot, what drive car to be alarm with car, "This is effective completely receive piece alarm behavior " .
Handle regulation of administrative case program by public security mechanism, to police receive piece alarm behavior, should the inquiry notes, spot survey produce the expected result notes, collect evidence, fill in the case accepts the firm order demand such as registration form. But the accused did not provide any evidence, the proof that do not have a law goes out this alarm lawful sex.
To this, agent of substation of hill of the accused orchid says, police borrows a car to belong to " help " , and rather than goes out alarm behavior and administrative action.
He expresses, police this act means is " (somebody) call — appeals — helps " , patron wagon sends Liu Gang to deliverance to stand not to attribute administrative action. Because deliverance stands to already came off work, send past Rong Jun the hospital Liu Gang by patron wagon again, right now patron wagon is to be used.
Liu Gang asks in reply on the court: "You rent a car outside, how to still borrow a police? How to still borrow a police??
Civil administration bureau: Just call the police without other administration action
Lawyer of representative of Linyi citizen political situation says, when bughouse is being sent by force the 2nd times in Liu Gang, this bureau the staff member just calls call the police, call the police behavior does not attribute administrative action. Liu Gang is sent bughouse twice, civil administration bureau did not make any specific administration action.
Accuser takes out substation of public security of a piece of You Lanshan to offer " 110 receive place alarm news is only " , make clenorth face shirtsar among them: "Classics department alarm understanding, this man professes to call Liu Gang, do not listen to help sb to get over his worries, still run to the side to take a leaf. Dispatch a vehicle of courtyard of surgeon of flourish of connection of civil administration bureau sends past Rong Jun hospital cure Liu Gang " .
Bao Longjun says, liu Gang mentioning expressly to be sent bughouse on the receipt is " civil administration bureau contacts " , linyi citizen political situation hard evade " without specific administration action " .
Deliverance stands: Liu Gang accords with deliverance condition
Accuser says,free modern dining chairs according to Shandong the provharrison hot spring weather forecastince roams about to the city cadge, the life is not having personnel deliverance to administer a regulation. Minister boy or girl friend is, city life is not having cadge personnel, namely oneself solves board and lodging feebly, without go and seek refuge with sb of relatives and friends, do not enjoy urban and rural low protect, or the country isspring pool not had protect make offerings to, the city roams about cadge living person. Although have,roam about cadge behavior, but afore-mentioned conditions are accorded with when differring, do not belong to minister boy or girl friend.
"He is the letter seeks a person, have specific dwelling place, it is the businessman has relatively good-paying " , accuser agent says, liu Gang does not accord with deliverance standard. Calculating him is minister boy or girl friend, deliverance station also should be in what pair of his statuses achieve inside 24 hours to register, check, build the job such as archives. The identity document of Liu, give after the event to be received by public security mechanism, "If he is spirit unusual personnel, why to all inform twice ' guardian ' " ?
Lawyer of the accused representative says, deliverance station is to press a regulation to send Liu Gang toward " appoint a place " cure, abide by " first cure, hind deliverance " principle, "The program that is provision of according to law completely fulfils obligation " .
He says, liu Gang appeals for help in civil administration bureau when, ever appeared spirit is unusual behavior (local police described as kneels down, take a leaf) . Liu Gang appears manic, on skip next jumping wait for unusual action, also cannot inform full name and home address, "Below this kind of circumstance, anybody is accountability send orgnaization of legal help somebody in danger or difficulty him " .
■ dialogthe best selling north face shirts
"Appealing for help is to be a pig to denounce justice "
New capital signs up for: Linyi says you cry to be troubled by greatly greatly, "Hysteria disease " , just send you to go so bughouse?
Liu Gang: Without. I have the action of conflict only, my pig dies very bad luck, I am to be justice of its get sth back.
New capital signs up for: In bughouse, you most what be afraid of?
Liu Gang: Most fear they take cloth belt to strap me. Want to take medicine first, ate to sleep, the hands or feet after awaking once norton internet antivirusis strapped into purple. To the front of coming out quickly later, I most those who fear is to stop drug. After that medicine stops, do not have a law to sleep all night all the day. Before be being faced the 2nd times, I come down to nurse genuflect, you do not give me drug, I bump dead to be before you, too afflictive.
New capital signs up for: You had emphasized, are oneself brokenhearted ill?
Liu Gang: Had emphasized. After going in for the first time, I had said twice to the hospital. Dare not say later, be afraid of go out not to go.
New capital signs up for: Most begin to appeal for help for pig young, it is again next be appealed for help by mental disease, appeal for help make the snow group that rolls bigger more, what do you feel to be meant to you?
Liu Gang: I am to prove innocence. I am brokenhearted ill. I must justice of get sth back. The thing of pig young, compare " by mental disease " be bagatelle.
New capital signs up for: Someone says, no matter you have mental disease, should not strip compulsively your freedom, how do you look?
Liu Gang: Besides the judiciary lawfully outside administration, any units do not have the influence of freedom of privative citizen person.
■ incident reviewing
Liu Gang trafficced ● 2008 when live pig cub passes checkpoint of county of Linyi Tan city, the staff member says the pig is unqualified. Liu Gang says to check personnel to ask he makes money new check-up. After answering distant, pig young animal is entire death ray. Liu Gang looks for relevant orgnaization to discuss compensation, all refuse.
● Liu Gang reflected a condition to Linyi city on September 19, 2008, police station sends him toward control stand of ththe best selling modern dining chairsis city deliverance, this station sends past Rong Jun the hospital Liu Gang. This courtyard " diagnose " Liu Gang suffers from " hysteria disease " . Its will leave hospital on October 8 in those days.
● Liu Gang appealed for help to Linyi citizen political situation on January 6, 2009. The policeman sends his toward deliverance control stand. Liu Gang is sent courtyard of past flourish surgeon to close again after treat, "Diagnose " for " hysteria disease " . In those days on Feburary 11, liu Gang leaves hospital.
First instance of Liu strong case was in ● in January 2013 court of justice of Liaoning north town is sessional, cease before front courtyard, the court decides to have mental identification to Liu Gang.
● accused argue both sides to all be accepted in March 2013 continue below the case that need not have mental identification sessional.
● in April 2013 2 open a court session, accuse to just increase substation of public security of Linyi city orchid hill to be the accused, increase receive the hospital of Rong Jun mental disease that controls Liu Gang to be the 3rd person.
■ setting
Shandong ever raised jurisdictional objection
Shandong ever put forward accident ground to be in Shandong Linyi, should by local court administer.
But Liaoning judiciary basis " administrative procedural law " thharrison hot spring public poole 18th regulation " the lawsuit that mentions to restricting the administrative coercive measures of person freedom to refuse to obey, by the accused seat orfree norton internet antivirus court of accuser seat people administer " make a ruling: Court of justice of Liaoning north town has to this case jurisdictional.
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