"Basically usage officer as a lawyer, check very carefully. Although this kind of nanny judge is very tired, it does not conform to the original intention of the system. But now, you can save your life at a critical time. "
The second trial lost again, and 43-year-old Hu Qinggang sent his anger to court.
On September 9, 20 15, in the early morning 10, Room 605, 6th floor, Shiyan Intermediate Court, Hubei Province, Hu Qinggang stabbed Liu Tan, a female judge in this case, with a fruit knife that he carried with him.
Suddenly, Liu Tan was completely unprepared-in the previous ten minutes, her communication with Hu Qinggang was normal, and there was not much emotional fluctuation.
This knife is 22 centimeters long. First enter the left chest, then pull it out and add it to the right chest, almost running through.
Judge Zheng Fei, who was sitting on the side, got up to grab the knife, but Hu Qinggang stabbed him seven times in a row: the knife wound penetrated his right chest and back, pierced his lungs and injured his ribs, and the blood loss reached two-thirds.
After hearing the noise, three judges from the next office came to check and found that Zheng Fei's body was slipping off the table and collapsed to the ground. Liu Zhan, the provincial leader, grabbed Hu's shoulder and raised his hand, only to find that he had a knife in his right hand.
"At that time, the knives were all black with blood on them. I just stabbed them in. " Liu Zhansheng, who was lying in a hospital bed, told Southern Weekend that the knife wound was as deep as 10 cm, and he was able to save his life because he stabbed his sternum.
According to his memory, Hu Qinggang originally wanted to stab another skinny female judge, but he got in the way and he shifted his target. Liu Zhansheng wanted to see if there was anything on the table to protect him, but he didn't touch anything.
Later people came one after another, and Hu Qinggang began to retreat to the door, waving his knife around. He stabbed Liu Zhan again and was stopped by his arm. Then, President Ren Hu arrived and tried to stop him, but he stabbed him in the stomach again. Hu Qinggang ran out and was subdued by the bailiff in the basement.
The bailiff said that when he found Hu Qinggang, Hu was in the corner. Chen Jinmin told him to put the knife down, but he was unmoved. Use a riot fork to fork Hu to the wall, knock down the knife, and then press it on the ground to subdue him.
At present, Hu Qinggang has been criminally detained by the police for intentional homicide and detained in Shiyan City Detention Center. Fortunately, the four judges who were stabbed survived. Zheng Fei, the most seriously injured, has been transferred out of the intensive care unit, and the other three have been transferred to the cardiac surgery ward.
Except Ren Hu, the other three judges have just got married, and their children are only one or two years old. Liu Tan, the youngest, is less than 30 years old, and her child is still nursing.
On September 1 1 day, facing the CCTV camera, Hu Qinggang was still angry. "You said I lost the case, so you have to give me a reason."
Successive defeats
The trigger of this tragedy is a labor dispute. Hu Qinggang sued Shiyan Fang Ding Automobile Body Co., Ltd. (hereinafter referred to as "Shiyan Fang Ding"), demanding compensation for wages, overtime pay and unpaid wages. , a total of more than 65 thousand yuan and social insurance.
On March 23, 20 15, the Maojian District Court of Shiyan City held that the evidence was insufficient, and Hu Qinggang lost the case in the first instance. Hu appealed to Shiyan Intermediate People's Court and still lost.
Previously, Hu Qinggang also applied to Shiyan Labor Arbitration Committee for arbitration. On August 20 14, Hu Qinggang also lost the case on the grounds of insufficient evidence.
After investigation, the Arbitration Commission held that the evidence submitted by Hu Qinggang showed that he had worked as a welder and painter in Wuhan Fang Ding Auto Parts Manufacturing Co., Ltd. (hereinafter referred to as "Wuhan Fang Ding") and Dongfeng Mochong Company, but he could not prove that he had also worked in Shiyan Fang Ding. Shiyan Fang Ding is an independent legal person. Based on the above facts, it cannot be concluded that there is a labor relationship between him and Shiyan Fang Ding.
Lin Hu, the younger brother of Hu Qinggang, told Southern Weekend reporter that Hu Qinggang entered Shiyan Fang Ding in August 20 13, transferred to Wuhan Fang Ding a month or two later, and resigned in February 20 14.
The two companies are the same boss, and Hu Qinggang thought it was a transfer, so he only sued Shiyan Fang Ding.
Li Congxue, a former employee of Shiyan Fang Ding, confirmed that Hu Qinggang had worked here and wrote a written testimony for him. He told Southern Weekend reporter that it is not uncommon for Hu Qinggang not to sign a labor contract. I worked in Shiyan Fang Ding for seven or eight years and stayed for several years before signing the contract. Before, the factory had been in arrears with wages and only paid basic living expenses.
According to Zhang Hua, a friend of Hu Qinggang, the reason why Hu Qinggang didn't sign the contract was that he was not popular in the factory except for his age and short service life. Hu Qinggang was transferred to Wuhan and ran away. In Fang Ding, he clashed with the workshop director and was finally fired.
Before the labor arbitration, Hu Qinggang had taken action to defend his rights. In March, 20 14, he complained to Shiyan Labor Inspection Detachment that Shiyan Fangding was in arrears with his salary, and Shiyan Fangding showed the department a copy of the document that had settled Hu Qinggang's salary.
"After we went, settle him down. However, it is not our responsibility for him to double his salary and financial compensation. We only care about labor remuneration, and economic compensation will go to labor arbitration. " Xiangyang, head of the first division of law enforcement of the detachment, said in an interview with Southern Weekend reporter.
In the file he showed, Southern Weekend reporter saw that Hu Qinggang's name was indeed on the roster of employees in Shiyan Fang Ding, and it was stamped with a red stamp and marked as "transshipment worker". In addition, the social security records paid by the company are also among them. There are also two copies of attendance certificate and salary settlement list signed by Yi Xinhua, the person in charge of the enterprise.
Based on this, Hu Qinggang believed that he had sufficient evidence and went to court with confidence. The evidence he submitted to the court included an employee's vacation, an attendance certificate, written materials signed by Yi Xinhua, and a bank account detail.
However, all the above materials are photocopies, and Shiyan Fang Ding objected to their authenticity, which was not accepted by the court. Because the other party deposited the money in cash, the bank details could not prove that the money entered into the account was paid by Shiyan Fang Ding, nor could they prove that there was a labor relationship between the two parties. In the end, Hu lost.
Ye Zhigen, a legal aid lawyer in Hu Qinggang's labor dispute case, told Southern Weekend reporter that at the first trial, he asked the court to collect relevant evidence when Hu Qinggang complained in the labor inspection detachment.
He went to the supervision detachment with Li Runqing, a judge of the court of first instance. However, the two materials signed by the unit leaders are copies. The leader of the supervision detachment thought it was not rigorous, refused to stamp the official seal or signature on the two materials to prove the source of the materials, and criticized the case handlers on the spot.
Later, the judge of first instance thought that the copy was invalid, so he didn't take it.
During the second trial, Ye Zhigen once again applied to the court for labor inspection evidence. Liu Tan called him and said that after learning about the situation from the first-instance judge, he thought it was meaningless to get the copy, so he didn't get it.
Ye Zhigen recalled that at that time, they did not know that there was a sealed roster with Hu Qinggang's name in the file of the labor inspection detachment, so they did not apply for this evidence.
When the verdict came down, Ye Zhigen was not at home. I wanted to get it myself when I came back, but Hu Qinggang called him a day or two before the incident and said that he couldn't get in at the court gate. Ye Zhigen told him that he could contact Liu Tan directly. Unexpectedly, the tragedy happened.
"Marginal crowd"
At 9: 33 am on September 9, Hu Qinggang called Liu Tan and went to the judge passage hall of Shiyan Intermediate People's Court. Liu Tan came down and took him to the 6th floor office to answer questions, but he didn't find a knife on him.
According to Zhang Hua's memory, about a month ago, Hu Qinggang began to talk about "I was so anxious that I couldn't wait to stab them with a knife" and attributed the resentment to the speculation that the factory owner colluded with the court.
"He said that their boss has money, and it must be him who bought the court." Zhang Hua said that Hu Qinggang had told him many times, "I have all the evidence, why not?" There is only one possibility, that is, the factory sent them money, and it must be a corrupt official. "
In the eyes of neighbors and friends around Hu Qinggang, Hu Qinggang is really not an "honest man".
In the 1990s, the four brothers Hu moved from Sichuan to Shiyan, Hubei with their parents, and lived in the families' hospital of railway workers.
Because of poverty, the two brothers didn't finish primary school, and Hu Qinggang dropped out of school in the third grade. Because he is the third in the family, people familiar with him call him "Hu Laosan".
Among the four brothers, only the boss Hu Qingqing works in Wuhan Railway Bureau, and he is away all the year round. He and Lao Lin live in welfare houses allocated to their parents by the railway system. As for the second child, "I once drank myself to death." And their parents died around 20 1 1.
Due to financial constraints, they can't spend tens of thousands of dollars to buy the property rights of welfare houses like other neighbors, and they have to pay rent every month. Recently, the yard is being renovated and gas is supplied. Each household needs to pay more than 3,000 yuan, or borrow it from others.
According to Zhang Hua, entering Shiyan Fang Ding was Hu Qinggang's first permanent job. Before that, he mainly dumped coal on the railway, scalpers, unknown addresses, scaffolders. "At that time, he sold bean jelly on the railway, and many people on the train knew him."
Hu Qinggang is not without money, but he "earned more and spent more" in those years.
In his impression, Hu Qinggang's biggest hobby is buying lottery tickets. Almost 60% to 70% of the monthly expenses are spent on lottery tickets. "There are hundreds when there are many, and there are dozens of the lowest."
The female owner of a sports lottery shop not far from Zhang Jiaxiang No.20 Hospital doesn't seem to like Hu Qinggang's patronage. Because, he often lets the female boss's children call him "dad".
Zhang Hua said that Hu Qinggang is old and has never looked for an object seriously. Seven or eight years ago, he also saw Hu Qinggang take women home, but Hu Qinggang didn't think that women still had children's burdens, so there was no further article.
According to his younger brother Lin Hu, Hu Qinggang's behavior this time was "forced by the situation".
But for judges, such marginal people are also the objects they often contact. The Shiyan tragedy reminds them of many previous "threats", and they are always worried when they think about it.
"In our court, although there has never been such a vicious case, the judge was followed, verbally threatened, rang the doorbell at home, repeatedly threatened by letters, and lied to the leader. Around 2008, the court issued a document to protect the rights and interests of judges. However, there are not many effective means involved in coordination with public security organs. " Liu Cheng, a judge of Shanghai No.1 Intermediate People's Court, said.
Because most of the above threats have not entered the stage of substantial infringement, or even reached the level of public security punishment, the public security organs can at most talk to the parties and give warnings, which will not play much practical role. "The court bailiff is limited, and it is impossible to follow you every day. The public security resources are limited, which is actually tinkering around the edges. In this case, judges are under great mental pressure, especially female judges. "
Hu Ping, a colleague of the assassinated judge Liu Tan, was followed. He told Southern Weekend that the client even said to him and his pregnant wife, "I followed you several times and you were with a pregnant woman."
A muddled account
Wang Yaxin, a professor at Tsinghua University Law School, saw the first-instance judgment and appeal of Hu Qinggang's case, and thought that the court, parties, lawyers, labor inspection and arbitration all had certain responsibilities for these materials.
Hu Qinggang provided very little concrete evidence, which could not explain how the money he asked for was calculated, or even the specific time of entry and exit. As for the evidential effect of copies, we can't generalize.
"Especially in the second instance of the case, the new civil procedure law and related judicial interpretations have come into effect, and the court can completely issue instructions to the employer to require it to provide the original." Wang Yaxin said.
He further explained that it is normal to question the authenticity of the copies, and some copies are indeed pieced together. But when the laborer has fulfilled the burden of proof, the employer must respond. Or apply for identification, or take out the original, and the certificate is different from the copy. If you don't respond at all and don't explain why there is a problem with authenticity, the court should not directly invalidate it.
According to Hu Ping's experience, the court can sentence workers to more prison terms without violating the principle. Regarding Hu Qinggang's case, he thinks that his colleagues did not accept money. "It's all replicas. It's really hard to identify."
In Wang Yaxin's view, because workers' ability to provide evidence is often poor, many workers will find it difficult to win the case if they act in strict accordance with the law. After adding some other factors, courts and arbitration institutions are often used to favoring workers, and many lawyers are not as conscientious as ordinary civil cases such as contract disputes.
As a result, at the level of professional norms, labor cases have become a depression in the industry, and many cases have finally become confused accounts.
"There are many flaws in this case, but it can't be said that there are any serious injuries. That's what they usually do. Many things are unclear, and it's okay without an accident. In fact, there are great hidden dangers. Our legal practice cannot just stay at this level. " Wang Yaxin said.
Liu Cheng's view is similar. He believes that many professional risks of judges cannot be solved in a short time. First of all, we should improve our professional quality. "At least you can avoid the resentment caused by misjudged cases. Sometimes, if you are right, the parties may have opinions. Then there is nothing we can do. What we can do is to be more serious. "
According to him, after the revision of the Civil Procedure Law, the Shanghai Higher People's Court issued a very detailed evidence rule document, and the validity and specific responsibilities of the copy were involved. "But some judges may still have a rough understanding of the rules of evidence, staying more than a decade ago. If the new laws and regulations are not well studied, problems may arise. However, this kind of misjudged case caused by ability or slack is completely different from intentional bending of the law and must be distinguished. "
Li Lei, a judge who once worked in the Beijing Labor Court, said that they would be particularly meticulous when facing labor cases. "Basically, judges are lawyers, and the investigation is particularly detailed. Although this nanny-style judge is very tired and does not meet the original intention of the system, now it can save lives at a critical time. "
As of the Southern Weekend press release, Liu Tan was still lying in the hospital bed with a tube inserted, and the wound was difficult to heal due to the infiltration of milk. She is now fasting to heal the wound and prepare for weaning.
It was night, but fortunately, she was always eroded by nightmares. She has changed her mobile phone. According to her, because the last call was from a "bad guy".
(At the request of the interviewee, Zhang Hua, Hu Ping, Liu Cheng and Li Lei are pseudonyms. )
postscript
Judge Ankang in Shaanxi was besieged, judge Jinhua in Zhejiang was threatened and judge Shiyan in Hubei was stabbed. Several recent incidents show that the personal safety of judges is still very serious.
The French proverb says, "A judge, as a person, is engaged in the occupation of God." As the guardian of fairness and justice, in any country ruled by law, it is definitely abnormal for judges to be attacked, and it is even more intolerable for judges to be stabbed.
However, why don't we hear unanimous condemnation, but quarrel with each other?
There are different specific reasons behind every incident, but at least it reflects the reality that the profession of judges has not been basically understood and respected, and the function of justice is far from the expectations of the people.
The quality of individual judges is not high, and some parties lack legal awareness. These problems exist objectively. It is necessary to strengthen security inspection, equip with sufficient police force, and strengthen criminal protection against infringement of judges' personal rights from legislation and other aspects. These measures are not enough.
The crux of the problem is that the basic cognition has not been solved: what should courts and judges do and what can they do?
In the Jinhua incident, the judge received the families of the parties more than ten times. I asked a friend of the judge: Why can't the court shut him out? He is helpless, and the leader thinks it is your responsibility.
Realizing the unity of legal effect and social effect is of course the ideal pursuit of justice. However, if the function of the judiciary is infinitely enlarged and even everyone is satisfied, and the professional security corresponding to the judicial responsibility can't keep up, the pressure of the judge can be imagined.
The goal of judicial reform, to put it bluntly, is to return to the judicial law. To realize the professionalization of judges, in addition to improving the professional quality of judges, the core is to clarify the judicial objectives and responsibilities, and the independent judicial power is not interfered. Judges are not officials, not street aunts; They are judges and are only responsible for the law.