【新唐人2013年10月10日訊】中共目前已經拘押了至少10名倡議官員財產公開的活動人士。江西新余49歲維權人士劉萍，因在街頭舉牌要求官員公開財產，今年5月遭公安刑事拘留。法院10月中旬即將對劉萍開審。律師呼籲外界關注此案的進展，因為「劉萍案」，極有可能成為其他被捕人士判罪的風向標。
曾獨立參選地方人大代表的劉萍，在今年4月23號，聲援北京「公民要求官員公布財產」的舉牌活動中被捕。5月7號，江西新余市公安局以涉嫌「煽動顛覆國家政權罪」將她刑事拘留。檢察機關在批准逮捕劉萍時，將罪名改為「非法集會」。近期又追加了「聚眾擾亂公共場所秩序罪」以及「利用邪教組織破壞法律實施罪」兩項罪名。
劉萍的律師張雪忠認為，因為警方指控劉萍「非法集會」的辦案過程，存在嚴重的違法行為，不具備說服力，才又追加兩項新罪名，他覺得，新罪名甚至比原先的罪名，更加荒唐可笑。
中國維權律師馬綱權認為，要構成「非法集會」，必須先認定是不是集會。
中國維權律師馬綱權：「另外一個方面，這個集會也是我們國家賦予公民憲法性權利，既然有憲法規定了集會自由，那麼就不能加以限制，非法集會裡面有一個比較重要的行政強製程序，有集會了，公安機關必須發佈一道解散集會的命令，在集會的人拒不執行的情況下，按照刑法規定，才構成非法集會罪。」
而中國維權律師趙永林表示，擾亂公共秩序、非法聚會，和尋釁滋事等，是目前中共當局對公民打壓經常使用的罪名。
中國維權律師趙永林：「整體她的這個罪名，我們是感覺不合適的。我們經常看到在大陸很多公園裡邊、在馬路上一些這樣的舞蹈、那些唱紅歌的那樣的聚會都沒人管，這說明用這種罪名去對待的不是這種形式，而是說你的內容是甚麼﹖甚麼叫非法聚會﹖這個在界定上，我感覺這可能是政府構陷公民的一個法律手段，這些罪名都是一些『口袋罪』。」
一位不願透露姓名的人權律師表示，從警方三度更改劉萍的罪名不難看出，沒有一個罪名是成立的。因為公民聚餐討論、寫文章、接受採訪、拍照都屬於公民的言論自由範疇，根本不構成違法犯罪。
在北京因舉牌、參與要求官員公示財產的袁冬、丁家喜、趙常青等「十君子」，以及新公民運動支持者、中國知名投資人王功權，被抓捕的時間都比劉萍早，但遲遲沒有進入審判程序。
劉萍的律師張雪忠呼籲外界關注此案進展，因為它極有可能成為當局對「新公民運動」被捕人士判罪的風向標。
趙永林認為，這是中共高層達成的共識。
趙永林：「（劉萍案）是最近一段時間以來，全國公民運動抓捕的第一個開庭案。它不是一個普通的案件，因為他們沒把它作為一個普通的案件去對待。現在通過這種個案，我們也是在判斷政府對待公民問題上，下一步走向是一個甚麼樣的態度，這也是我們非常擔心的一點。 」
網友余承冬在微博上表示：財產公示真的會顛覆這個政權嗎？
北京維權人士胡佳認為，當局審判劉萍，是為震懾這些當局認為最具威脅性的組織化和街頭化行動。
星期一，劉萍的女兒廖敏月在微博中透露﹕她被要求噤聲，不允許接受媒體採訪，要不然會受到處分。
採訪編輯/易如 後製/周天
The CCP's Witch Hunt Trial of Liu Ping - The Result may be a Watershed
The Chinese Communist Party (CCP) has detained at least
10 activists who demanded that officials publish an account of
their properties.
Liu Ping, a 49-year-old activist from Xinyu of Jiangxi province
was criminally detained by Police in May after she had hung
a poster up which asked the officials to publish their property.
Her case will be tried in court in mid October.
Lawyers appealed for the case to be moved and processed
to an outside venue because this trail maybe the weather vane for
the trials of other activists' cases in the future.
Reporter:
Liu Ping had been elected the independent candidate of the
Local People's Congress.
On April 23, she was arrested when she was attending the
activity "Supporting Beijing Citizens' Demand for Officials
to make Public their Properties".
On May 7, the Xinyu city Public Security Bureau issued a
criminal detention decision for the crime of
"Inciting subversion of state power".
But the Procurator changed her crime to "illegal assembly"
when it issued the ratification of the arrest. Recently, the
Procurator added two more charges against her which are the
"crime of assembling a crowd to disturb order at public places" and
"crime of sabotaging legal enforcement by using evil religion".
Zhang Xuezhong, the defense lawyer for Liu Ping, confirms that
the police accusing Liu Ping with the crime of "illegal assembly"
is a serious accusation.
Being accused of this crime can't persuade the people, so then
the police added more two crimes. But the new allegations are
more ridiculous than the first one.
Ma Gangquan, a China human rights lawyer thinks that,
it must be established whether it is an actual assembly or not,
before a person can be named with the crime of "illegal assembly".
Ma Gangquan, a China human rights lawyer: "The Right of
Assembly is a right that the Constitution grants to the people.
With the definition by the Constitution, the Government
Cannnot limit assembly.
＇Illegal assembly＇ has an important forced administrative
process which is: the police must order the assembly to disband.
If the activists didn't agree to leave, the assembly can be an
illegal assembly according to the definition of the criminal law."
Zhao Yonglin, a Chinese human rights lawyer said that now
The CCP frequently uses crimes like, the offence of Disrupting
the Public Order, Illegal Assembly, the crime of Provocation.
Zhao Yonglin, a Chinese human rights lawyer, "In general,
we feel the crimes Liu Ping's is charged with are inappropriate.
We often see people assemble in the parks, on the streets to
dance and sing the red songs. But nobody bothers them.
It shows that the police don't control the mode of
assembly, but the topic of the assembly.
What is the illegal assembly? I do feel that it's the legal
way that the Government uses to frame the people.
These crimes are ＇pocket sin＇."
An anonymous human rights lawyer said that: it's easy to
see that none of crime are real when the police altered
the crimes three times.
Because people have the rights to eat together,
discuss together, write articles, accept interviews, take
photos and so on. It can't be a crime.
In Beijing, Yuan Dong, Ding Jiaxi, Zhao Changqing and other
members of the "ten gentlemen" who demanded the officials
to make public their properties, the famous investor Wang
Gongquan who is also a supporter of the new citizens'
movements, were arrested before Liu Ping, but none of them
have been tried until now.
Zhang Xuezhong, the defense lawyer of Liu Ping appealed
for the case to be moved to an the outside venue, because
it may be a weather vane for the government trials against
the other arrested activists of the new citizen movements.
Zhao Yonglin thinks that this is a consensus of the CCP senior
leaders.
Zhao Yonglin:"Liu Ping's case will be the first case against
the big arrestment of the national citizens' movement.
It is not an ordinary case because it is not treated as
an ordinary case. Now we are judging the government's
attitude and plans on citizens' issues through this case.
This is the point that worries us very much."
Yu Chengdong, a netizen said on his microblog that
property publicity will really overturn the regime?
Hu Jia, a Beijing activist thinks that the reason why the regime
Is bringing Liu Ping to trial is because they are frightened and
threatened by activities getting more organized
and happening on streets.
Monday, Liao Minyue, the daughter of Liu Ping said on her
microblog that (my mother) was asked to keep silent.
She isn't allow to accept any interviews,
otherwise she will be punished.
曾獨立參選地方人大代表的劉萍，在今年4月23號，聲援北京「公民要求官員公布財產」的舉牌活動中被捕。5月7號，江西新余市公安局以涉嫌「煽動顛覆國家政權罪」將她刑事拘留。檢察機關在批准逮捕劉萍時，將罪名改為「非法集會」。近期又追加了「聚眾擾亂公共場所秩序罪」以及「利用邪教組織破壞法律實施罪」兩項罪名。
劉萍的律師張雪忠認為，因為警方指控劉萍「非法集會」的辦案過程，存在嚴重的違法行為，不具備說服力，才又追加兩項新罪名，他覺得，新罪名甚至比原先的罪名，更加荒唐可笑。
中國維權律師馬綱權認為，要構成「非法集會」，必須先認定是不是集會。
中國維權律師馬綱權：「另外一個方面，這個集會也是我們國家賦予公民憲法性權利，既然有憲法規定了集會自由，那麼就不能加以限制，非法集會裡面有一個比較重要的行政強製程序，有集會了，公安機關必須發佈一道解散集會的命令，在集會的人拒不執行的情況下，按照刑法規定，才構成非法集會罪。」
而中國維權律師趙永林表示，擾亂公共秩序、非法聚會，和尋釁滋事等，是目前中共當局對公民打壓經常使用的罪名。
中國維權律師趙永林：「整體她的這個罪名，我們是感覺不合適的。我們經常看到在大陸很多公園裡邊、在馬路上一些這樣的舞蹈、那些唱紅歌的那樣的聚會都沒人管，這說明用這種罪名去對待的不是這種形式，而是說你的內容是甚麼﹖甚麼叫非法聚會﹖這個在界定上，我感覺這可能是政府構陷公民的一個法律手段，這些罪名都是一些『口袋罪』。」
一位不願透露姓名的人權律師表示，從警方三度更改劉萍的罪名不難看出，沒有一個罪名是成立的。因為公民聚餐討論、寫文章、接受採訪、拍照都屬於公民的言論自由範疇，根本不構成違法犯罪。
在北京因舉牌、參與要求官員公示財產的袁冬、丁家喜、趙常青等「十君子」，以及新公民運動支持者、中國知名投資人王功權，被抓捕的時間都比劉萍早，但遲遲沒有進入審判程序。
劉萍的律師張雪忠呼籲外界關注此案進展，因為它極有可能成為當局對「新公民運動」被捕人士判罪的風向標。
趙永林認為，這是中共高層達成的共識。
趙永林：「（劉萍案）是最近一段時間以來，全國公民運動抓捕的第一個開庭案。它不是一個普通的案件，因為他們沒把它作為一個普通的案件去對待。現在通過這種個案，我們也是在判斷政府對待公民問題上，下一步走向是一個甚麼樣的態度，這也是我們非常擔心的一點。 」
網友余承冬在微博上表示：財產公示真的會顛覆這個政權嗎？
北京維權人士胡佳認為，當局審判劉萍，是為震懾這些當局認為最具威脅性的組織化和街頭化行動。
星期一，劉萍的女兒廖敏月在微博中透露﹕她被要求噤聲，不允許接受媒體採訪，要不然會受到處分。
採訪編輯/易如 後製/周天
The CCP's Witch Hunt Trial of Liu Ping - The Result may be a Watershed
The Chinese Communist Party (CCP) has detained at least
10 activists who demanded that officials publish an account of
their properties.
Liu Ping, a 49-year-old activist from Xinyu of Jiangxi province
was criminally detained by Police in May after she had hung
a poster up which asked the officials to publish their property.
Her case will be tried in court in mid October.
Lawyers appealed for the case to be moved and processed
to an outside venue because this trail maybe the weather vane for
the trials of other activists' cases in the future.
Reporter:
Liu Ping had been elected the independent candidate of the
Local People's Congress.
On April 23, she was arrested when she was attending the
activity "Supporting Beijing Citizens' Demand for Officials
to make Public their Properties".
On May 7, the Xinyu city Public Security Bureau issued a
criminal detention decision for the crime of
"Inciting subversion of state power".
But the Procurator changed her crime to "illegal assembly"
when it issued the ratification of the arrest. Recently, the
Procurator added two more charges against her which are the
"crime of assembling a crowd to disturb order at public places" and
"crime of sabotaging legal enforcement by using evil religion".
Zhang Xuezhong, the defense lawyer for Liu Ping, confirms that
the police accusing Liu Ping with the crime of "illegal assembly"
is a serious accusation.
Being accused of this crime can't persuade the people, so then
the police added more two crimes. But the new allegations are
more ridiculous than the first one.
Ma Gangquan, a China human rights lawyer thinks that,
it must be established whether it is an actual assembly or not,
before a person can be named with the crime of "illegal assembly".
Ma Gangquan, a China human rights lawyer: "The Right of
Assembly is a right that the Constitution grants to the people.
With the definition by the Constitution, the Government
Cannnot limit assembly.
＇Illegal assembly＇ has an important forced administrative
process which is: the police must order the assembly to disband.
If the activists didn't agree to leave, the assembly can be an
illegal assembly according to the definition of the criminal law."
Zhao Yonglin, a Chinese human rights lawyer said that now
The CCP frequently uses crimes like, the offence of Disrupting
the Public Order, Illegal Assembly, the crime of Provocation.
Zhao Yonglin, a Chinese human rights lawyer, "In general,
we feel the crimes Liu Ping's is charged with are inappropriate.
We often see people assemble in the parks, on the streets to
dance and sing the red songs. But nobody bothers them.
It shows that the police don't control the mode of
assembly, but the topic of the assembly.
What is the illegal assembly? I do feel that it's the legal
way that the Government uses to frame the people.
These crimes are ＇pocket sin＇."
An anonymous human rights lawyer said that: it's easy to
see that none of crime are real when the police altered
the crimes three times.
Because people have the rights to eat together,
discuss together, write articles, accept interviews, take
photos and so on. It can't be a crime.
In Beijing, Yuan Dong, Ding Jiaxi, Zhao Changqing and other
members of the "ten gentlemen" who demanded the officials
to make public their properties, the famous investor Wang
Gongquan who is also a supporter of the new citizens'
movements, were arrested before Liu Ping, but none of them
have been tried until now.
Zhang Xuezhong, the defense lawyer of Liu Ping appealed
for the case to be moved to an the outside venue, because
it may be a weather vane for the government trials against
the other arrested activists of the new citizen movements.
Zhao Yonglin thinks that this is a consensus of the CCP senior
leaders.
Zhao Yonglin:"Liu Ping's case will be the first case against
the big arrestment of the national citizens' movement.
It is not an ordinary case because it is not treated as
an ordinary case. Now we are judging the government's
attitude and plans on citizens' issues through this case.
This is the point that worries us very much."
Yu Chengdong, a netizen said on his microblog that
property publicity will really overturn the regime?
Hu Jia, a Beijing activist thinks that the reason why the regime
Is bringing Liu Ping to trial is because they are frightened and
threatened by activities getting more organized
and happening on streets.
Monday, Liao Minyue, the daughter of Liu Ping said on her
microblog that (my mother) was asked to keep silent.
She isn't allow to accept any interviews,
otherwise she will be punished.
