【新唐人2013年07月17日讯】中国湖南省高院就“上访妈妈”唐慧起诉永州劳教委案，15号做出判决，撤销一审裁定，判决永州劳教委支付唐慧赔偿金和精神损害抚慰金共2641.15元。不过，唐慧要求的书面赔礼道歉的请求，法院没有支持，给予驳回。
湖南省高院在15号的审判书中说，因唐慧所谓“扰乱国家机关和社会正常秩序”，应承担法律责任，但劳教委“处理方式不当”，给她精神造成损害，但是否须以书面形式道歉，法律并没有明文规定﹔而且劳教委已在庭上就所谓“人文关怀不够”、“处理方式不当”等向唐慧道歉，因此法官认为已经履行赔礼道歉的请求。
永州劳教委表示服从判决，唐慧则因为没有获得书面赔礼道歉，感到“有些遗憾”。
湖南上访妈妈唐慧：“我预料之中好像比这个还要差。7月2号，那次当着那么多的人，口头上已经让我泄气了，不管之前怎么样了，都没关系，都不重要，我不知道怎么样去形容，我心里这么多人对我的关心，我表示感谢。”
去年（2012年）永州市公安局以“扰乱社会秩序”理由，对正在上访的唐慧作出“劳动教养一年半”的决定。后来湖南省劳教委撤销了这个劳教决定。唐慧则在今年起诉了永州市劳教委行政赔偿。
2006年，唐慧11岁的女儿被强奸、殴打，还被强迫卖淫，导致后来的不育。唐慧认为民警和地方当局故意包庇色情场所，当局人员涉嫌渎职，而多次向永州市政府、司法机关，以及湖南省司法机关上访。
她去长沙上访100多次、北京23次，她绝食、下跪，被当局数度刑拘，并且劳教，历经了7年的时间。
唐慧案已经成为世界焦点话题。有分析指出，一个母亲为被强奸的女儿奔走呼号、遭殴打、被劳教、失去9天自由。漫长的上诉才获赔2641.15元，这一赔偿低、无道歉的“胜诉”不算胜诉，“还是劳教委胜诉”了。
对于判决永州劳教委支付唐慧赔偿金2641.15元，大陆律师张卉认为，还存在法治不健全的某些因素，而这些因素则是中共的体制所造成。
大陆律师张卉：“这个事情是不是达到了公众也好、唐慧本人也好所希望的初衷﹖因为中国目前的状况来讲，甚么事情要得到一个最好的结果也是很难的。”
对于唐慧案最终的判决，代理律师徐利平直言不讳的说，这是一份不完美的终审判决，法官回避了劳教决定是否违法的问题。
时事评论员文昭提出唐慧不算胜诉的三个原因。第一是，给唐慧的赔偿过少﹔第二，没有撤销一开始对唐慧的指控，也就是所谓“扰乱国家机关和社会正常秩序”的指控，第三，永州劳教委没道歉，没有认错。
时事评论员文昭：“就是说它不承担体制责任，最多只是某一个个案处理适当，唐慧这个案子当局是想把它尽快收手了，因为她不断的上诉造成的影响非常的大。超越人伦底线，他的女儿只有11岁，而且还有警察参与对她女儿性侵害，但是都没有得到惩罚。”
有分析指出，如果当局判唐慧败诉，人们不会就此罢休，唐慧本人还会继续上诉，媒体也会继续追踪报导，中共司法的腐败将越来越受人关注，对中共只有坏处没有好处。现在，表面上好像是判唐慧胜诉了，人们会误认为只是下级法院判错案，对中共的信誉没有影响。
唐慧的案件也曾经引起民众废除劳教制度的呼声。如今唐慧上诉劳教委并且胜诉，是否废除劳教已露出“曙光”﹖
文昭：“这个事情跟废除劳教制度毫无关系，因为它没有体制反思，并没有上升到整个劳教制度的罪恶，这里离公众所预期的，希望这个案件能够深入的改变体制的这么一个预期，差得非常之远。”
唐慧向《新唐人》表示，她打算带女儿去美国治病，但是，有许多细节目前不方便公开透露。
采访编辑/常春 后制/李勇
A Court Grants Tang Hui Compensation But Owes Apology
On July 15, Hunan high court revoked the first instance
regarding petitioning mother, Tang Hui, to sue Yongzhou labor committee.
Tang Hui received 2641.15 yuan (USD $479) as compensation
for the loss of her freedom and psychological trauma.
However, the court rejected her request
for a formal apology.
On July 15, Hunan high court said Tang should be
punished for, "disturbing social order."
Yet Yongzhou Labor Committee didn't handle the case well,
causing her psychological damage.
However, the court said that there is no legal basis
to the issue of whether it is necessary to write a formal apology.
In addition, Yongzhou's side apologized in court for not
taking enough care of Tang, and handling her case improperly.
Thus, the judge accepted it as an apology to Tang.
Yongzhou labor committee obeyed the verdict, but Tang
felt "some regret" for not having received a written apology.
Tang Hui, Hunan petition mother:
"I expected worse results than this.
On July 2, the court's words made me lose hope.
Never mind what they did, it is no longer important.
I don't know how to express my gratitude,
as so many people care about me, thank you all."
In 2012, Yongzhou police sentenced Tang to 18 months
at a labor camp for “disturbing social order.”
Later, the sentence was revoked
by Hunan provincial labor committee.
In 2013, Tang sued Yongzhou labor committee.
In 2006, Tang's 11-year-old daughter was beaten, raped,
and forced into prostitution which later caused her Infertility.
Tang believes that the police and local authority deliberately
shielded a brothel and the officials who are suspected of abusing power.
Thus, Tang petitioned the Yongzhou government, judiciary
and provincial judiciary many times.
Tang went to Changsha to petition over 100 times
and went to Beijing 23 times.
She went on hunger strikes and kneeling down (another form
of protest), but she was detained and sent to labor camp.
This took place over the course of 7 years.
The Tang Hui case became noticed worldwide.
Analysts said that a mother was beaten and sent to a labor
camp for 9 days just because she urged the punishment
of men who raped her daughter.
She was compensated 2,641.15 yuan (USD $479), which was
seen as a low payout and there was a lack of a written apology.
She didn't win; it is the labor committee that has won.
Regarding the 2,641.15 yuan ($479) low compensation,
Zhang Hui, a lawyer in Mainland China commented.
Zhang said there still exist some imperfect factors
in China's law, caused by the CCP system.
Zhang Hui: "Did this case achieve the goal that
Tang Hui and the public expected?
In China, it is now difficult to get the best result."
Regarding the verdict, Tang Hui's lawyer Xu Liping, said
it is an imperfect final judgment.
The judge avoided the issue of whether it is legal or not
to have sent Tang Hui to labor camp.
Wen Zhao, current affairs commentator, said the three aspects
that Tang Hui's case didn't win are fair compensation,
overturn of the “disturbing the society order” charge,
Yongzhou labor committee didn't admit their wrong doing.
Wen Zhao: "The authority didn't want to take
responsibility, so they isolate this case and
manage to close it as soon as possible, in order
to reduce the impact of the public opinion.
This case touches the bottom-line of human morality,
her daughter only was 11 years old.
In addition, police were also involved in raping,
but they haven't been punished yet."
Analysts said that if Tang Hui loses the case,
the public won't let it go.
Tang will also continue to appeal,
and the media will follow up on reporting.
The public will increasingly be concerned about judicial
corruption, as it doesn't benefit but only damages the CCP.
At present, Tang Hui has won on the surface, misleading
people into believing that the low court made the wrong judgment.
It may not affect the CCP's reputation.
The Tang Hui case has triggered a voice
of abolishment of the labor camp system.
Now that Tang Hui sued Yongzhou labor camp and won,
is there hope of removing the labor camp system?
Wen Zhao: "This case has nothing to do
with abolishing the labor camp system.
They have never reviewed it, is the system's problem,
it hasn't touch the entire labor camp's crimes yet.
It is far beyond the public expectation that Tang case
can deeply change the system."
Tang Hui told NTD that she is planning a trip to the US
so that her daughter can receive medical attention.
Many details are not convenient to disclose yet.
湖南省高院在15号的审判书中说，因唐慧所谓“扰乱国家机关和社会正常秩序”，应承担法律责任，但劳教委“处理方式不当”，给她精神造成损害，但是否须以书面形式道歉，法律并没有明文规定﹔而且劳教委已在庭上就所谓“人文关怀不够”、“处理方式不当”等向唐慧道歉，因此法官认为已经履行赔礼道歉的请求。
永州劳教委表示服从判决，唐慧则因为没有获得书面赔礼道歉，感到“有些遗憾”。
湖南上访妈妈唐慧：“我预料之中好像比这个还要差。7月2号，那次当着那么多的人，口头上已经让我泄气了，不管之前怎么样了，都没关系，都不重要，我不知道怎么样去形容，我心里这么多人对我的关心，我表示感谢。”
去年（2012年）永州市公安局以“扰乱社会秩序”理由，对正在上访的唐慧作出“劳动教养一年半”的决定。后来湖南省劳教委撤销了这个劳教决定。唐慧则在今年起诉了永州市劳教委行政赔偿。
2006年，唐慧11岁的女儿被强奸、殴打，还被强迫卖淫，导致后来的不育。唐慧认为民警和地方当局故意包庇色情场所，当局人员涉嫌渎职，而多次向永州市政府、司法机关，以及湖南省司法机关上访。
她去长沙上访100多次、北京23次，她绝食、下跪，被当局数度刑拘，并且劳教，历经了7年的时间。
唐慧案已经成为世界焦点话题。有分析指出，一个母亲为被强奸的女儿奔走呼号、遭殴打、被劳教、失去9天自由。漫长的上诉才获赔2641.15元，这一赔偿低、无道歉的“胜诉”不算胜诉，“还是劳教委胜诉”了。
对于判决永州劳教委支付唐慧赔偿金2641.15元，大陆律师张卉认为，还存在法治不健全的某些因素，而这些因素则是中共的体制所造成。
大陆律师张卉：“这个事情是不是达到了公众也好、唐慧本人也好所希望的初衷﹖因为中国目前的状况来讲，甚么事情要得到一个最好的结果也是很难的。”
对于唐慧案最终的判决，代理律师徐利平直言不讳的说，这是一份不完美的终审判决，法官回避了劳教决定是否违法的问题。
时事评论员文昭提出唐慧不算胜诉的三个原因。第一是，给唐慧的赔偿过少﹔第二，没有撤销一开始对唐慧的指控，也就是所谓“扰乱国家机关和社会正常秩序”的指控，第三，永州劳教委没道歉，没有认错。
时事评论员文昭：“就是说它不承担体制责任，最多只是某一个个案处理适当，唐慧这个案子当局是想把它尽快收手了，因为她不断的上诉造成的影响非常的大。超越人伦底线，他的女儿只有11岁，而且还有警察参与对她女儿性侵害，但是都没有得到惩罚。”
有分析指出，如果当局判唐慧败诉，人们不会就此罢休，唐慧本人还会继续上诉，媒体也会继续追踪报导，中共司法的腐败将越来越受人关注，对中共只有坏处没有好处。现在，表面上好像是判唐慧胜诉了，人们会误认为只是下级法院判错案，对中共的信誉没有影响。
唐慧的案件也曾经引起民众废除劳教制度的呼声。如今唐慧上诉劳教委并且胜诉，是否废除劳教已露出“曙光”﹖
文昭：“这个事情跟废除劳教制度毫无关系，因为它没有体制反思，并没有上升到整个劳教制度的罪恶，这里离公众所预期的，希望这个案件能够深入的改变体制的这么一个预期，差得非常之远。”
唐慧向《新唐人》表示，她打算带女儿去美国治病，但是，有许多细节目前不方便公开透露。
采访编辑/常春 后制/李勇
A Court Grants Tang Hui Compensation But Owes Apology
On July 15, Hunan high court revoked the first instance
regarding petitioning mother, Tang Hui, to sue Yongzhou labor committee.
Tang Hui received 2641.15 yuan (USD $479) as compensation
for the loss of her freedom and psychological trauma.
However, the court rejected her request
for a formal apology.
On July 15, Hunan high court said Tang should be
punished for, "disturbing social order."
Yet Yongzhou Labor Committee didn't handle the case well,
causing her psychological damage.
However, the court said that there is no legal basis
to the issue of whether it is necessary to write a formal apology.
In addition, Yongzhou's side apologized in court for not
taking enough care of Tang, and handling her case improperly.
Thus, the judge accepted it as an apology to Tang.
Yongzhou labor committee obeyed the verdict, but Tang
felt "some regret" for not having received a written apology.
Tang Hui, Hunan petition mother:
"I expected worse results than this.
On July 2, the court's words made me lose hope.
Never mind what they did, it is no longer important.
I don't know how to express my gratitude,
as so many people care about me, thank you all."
In 2012, Yongzhou police sentenced Tang to 18 months
at a labor camp for “disturbing social order.”
Later, the sentence was revoked
by Hunan provincial labor committee.
In 2013, Tang sued Yongzhou labor committee.
In 2006, Tang's 11-year-old daughter was beaten, raped,
and forced into prostitution which later caused her Infertility.
Tang believes that the police and local authority deliberately
shielded a brothel and the officials who are suspected of abusing power.
Thus, Tang petitioned the Yongzhou government, judiciary
and provincial judiciary many times.
Tang went to Changsha to petition over 100 times
and went to Beijing 23 times.
She went on hunger strikes and kneeling down (another form
of protest), but she was detained and sent to labor camp.
This took place over the course of 7 years.
The Tang Hui case became noticed worldwide.
Analysts said that a mother was beaten and sent to a labor
camp for 9 days just because she urged the punishment
of men who raped her daughter.
She was compensated 2,641.15 yuan (USD $479), which was
seen as a low payout and there was a lack of a written apology.
She didn't win; it is the labor committee that has won.
Regarding the 2,641.15 yuan ($479) low compensation,
Zhang Hui, a lawyer in Mainland China commented.
Zhang said there still exist some imperfect factors
in China's law, caused by the CCP system.
Zhang Hui: "Did this case achieve the goal that
Tang Hui and the public expected?
In China, it is now difficult to get the best result."
Regarding the verdict, Tang Hui's lawyer Xu Liping, said
it is an imperfect final judgment.
The judge avoided the issue of whether it is legal or not
to have sent Tang Hui to labor camp.
Wen Zhao, current affairs commentator, said the three aspects
that Tang Hui's case didn't win are fair compensation,
overturn of the “disturbing the society order” charge,
Yongzhou labor committee didn't admit their wrong doing.
Wen Zhao: "The authority didn't want to take
responsibility, so they isolate this case and
manage to close it as soon as possible, in order
to reduce the impact of the public opinion.
This case touches the bottom-line of human morality,
her daughter only was 11 years old.
In addition, police were also involved in raping,
but they haven't been punished yet."
Analysts said that if Tang Hui loses the case,
the public won't let it go.
Tang will also continue to appeal,
and the media will follow up on reporting.
The public will increasingly be concerned about judicial
corruption, as it doesn't benefit but only damages the CCP.
At present, Tang Hui has won on the surface, misleading
people into believing that the low court made the wrong judgment.
It may not affect the CCP's reputation.
The Tang Hui case has triggered a voice
of abolishment of the labor camp system.
Now that Tang Hui sued Yongzhou labor camp and won,
is there hope of removing the labor camp system?
Wen Zhao: "This case has nothing to do
with abolishing the labor camp system.
They have never reviewed it, is the system's problem,
it hasn't touch the entire labor camp's crimes yet.
It is far beyond the public expectation that Tang case
can deeply change the system."
Tang Hui told NTD that she is planning a trip to the US
so that her daughter can receive medical attention.
Many details are not convenient to disclose yet.
