On may 10, 2017, the public security bureau of lanshan county, in accordance with the law of the people’s republic of china on public security administration punishment, detained the lee ching-hua of lanshan county for five days for publicly insulting and slandering others on the internet. After the news was reported by the media, some netizens questioned and hyped the matter. The relevant situation is described as follows:
I. Basic information of the case
Li Qingbo, male, the younger brother of the poster Lee Ching-Hua (deputy director of the County Sports and Sports Guangxin Bureau), opened the “China Mobile designated Business Store” in the town of Lanshan County in September 2005, engaged in mobile agency business, there is an independent business place, and in the process of agency, each household of the network access business will withdraw 20 yuan, and the telephone fee will be 2% commission. The original industrial and commercial bureau identified its behavior as “for-profit service activities”, that is to say, the business license shall be handled. The Industrial and Commercial Bureau urged him to apply for a business license many times, but Li Qingbo, the party concerned, refused to handle the business as usual. On January 18, 2006, according to Article 4, item 2 of the measures for the investigation and suppression of unlicensed business, the Industrial and Commercial Bureau “can obtain a business license without obtaining a license or other approval documents without obtaining a business license according to law, the regulations of unauthorized business activities shall be filed according to law. On March 7, 2006, Li Qingbo signed the “notice of hearing” blue industrial and commercial hearing word (9-001) No. 1, and the parties did not submit a hearing application within the statutory time limit. On March 14, 2006, the Industrial and Commercial Bureau issued “notice of a penalty decision” to the parties concerned under the condition that the facts were clear and the applicable laws were correct, which confirmed the illegal facts and punishment basis of the parties operating without license, and inform the parties that “if you do not accept this penalty decision, you can apply for reconsideration to Yongzhou Administration for Industry and Commerce within 60 days from the date of receipt of this notice of a penalty decision; you can also directly file a lawsuit with the people’s court within three months after receiving this notice of a penalty decision. Li Qingbo, the party concerned, did not apply for administrative reconsideration within the statutory time limit, nor did he bring a lawsuit to the People’s Court. After the penalty decision has already taken effect legally, The fine will not be paid within the time limit. Therefore, the Industrial and Commercial Bureau applied to the Lanshan county people’s court for enforcement according to law. The county people’s court examined the legality of the notice of a penalty decision of the administration for industry and commerce of lanshan county, and considered that the notice of a penalty decision found that the facts were clear, the applicable laws were correct, the procedures were legal, and the punishment was appropriate. Therefore, the hospital made a decision on the case (2006) blue Line executive word No. 18, administrative ruling in writing. On July 3, 2006, the Lanshan County People’s Court delivered administrative ruling in writing to Li Qingbo, the executor. After the mediation work of the county people’s court, on July 4, 2006, Li Wenhui, the representative of the industrial and commercial bureau of Lanshan county, and Li Qingbo, the executor, reached a settlement agreement. After Li Qingbo, the executor, fulfilled the relevant implementation terms, the case was closed on July 12, 2006.
II. Investigation situation of investigation team
On March 27, 2017, the poster released Li Wenhui, the industrial and commercial bureau of Lanshan county, and he Hengming, the court of Lanshan county, on WeChat public accounts such as “palm Blue Mountain” and “Blue Mountain online” on Lee Ching-Hua, xu Jianmin’s bandit act of plundering citizens’ labor remuneration by law triggered public opinion speculation.
After receiving the information, Lanshan county Party committee and county government attached great importance to it and instructed Lanshan county discipline inspection committee, county Party Committee Propaganda Department, county public security bureau network security brigade and other departments to form an investigation team to investigate and understand the situation reflected in the post. The investigation team came to the County Court and the county food and drug industry and commerce quality supervision administration successively, and read the county people’s court administrative ruling in writing, the delivery of the certificate, Li Qingbo’s defense materials, and the execution record, etc, read the notice of a penalty decision of the industrial and commercial department, the delivery certificate, the hearing notice, the on-site inspection record, the inquiry record, etc. At the same time, the police of the network security brigade of the county public security bureau also made inquiries about the court he hengming and li wenhui of the food and drug industry and commerce quality supervision administration.
The investigation team believes that, as mentioned in the previous “basic situation of the case”, whether it is the industrial and commercial department or the court, in handling the case of Li Qingbo’s operation without license, it is determined that the facts are clear, the applicable law is correct, and the procedure is legal, the punishment is appropriate, and there is no problem of illegal procedures or eating, taking, card, waiting in the process of handling the case. There is no violation of law and discipline, which is the normal performance of duties. The content of posts posted by online media such as “palm Blue Mountain” and “Blue Mountain Online” is inconsistent with the facts.
III. Disposal of county public security organs
On may 4, 2017, the chengnan police station of the county public security bureau received a report from li wenhui of the county food and drug quality supervision administration that it had been more than a month since he published false remarks and vicious language on the internet lee ching-hua, he Hengming and Xu Jianmin, the staff of the county court and I, were slandered and slandered, which had a great negative impact on the work, life and reputation of the three of us, and requested the public security organs to promptly file a case for investigation and punishment.
The Chengnan police station immediately carried out investigation and evidence collection after receiving the report. On Lee Ching-Hua, the situation reflected in the “Palm Blue Mountain WeChat public account” and “Blue Mountain online WeChat public account” is inconsistent with the facts. On March 27, 2017, Lee Ching-Hua (male, 42 years old, deputy director of the County Sports and Sports Guangxin Bureau) released an article entitled “exposure of Li Wenhui of the industrial and commercial bureau of Lanshan County” under the real name of “handheld Blue Mountain WeChat public account, he Hengming and Xu Jianmin, the court of Lanshan County, posted the bandit act of robbing citizens’ labor remuneration by using the law (3826 readings as of May 10), on Lee Ching-Hua, March 30, an article titled” Li Mou of the industrial and commercial bureau of Lanshan county, he MOU and Xu MOU of Lanshan County Court “was released in the real name of” Lanshan online WeChat public account, the post of bandit behavior of robbing citizens’ labor remuneration by perverting the law (2718 times of reading as of May 10), the two posts used “you court dog officials”, words such as “bandit behavior of robbing citizens’ legal property by law” insult and slander Li Wenhui, He Hengming and Xu Jianmin by naming names. The click-through rate has exceeded 6,000 times, which has adversely affected the work life and personal reputation of the parties concerned. His behavior is suspected of insulting and slandering others. After posting on the Internet on Lee Ching-Hua caused bad influence, he refused to listen to the education and dissuade of the leaders of his unit, refused to repent when the public security organ inquired about him, and refused to sign the inquiry record, the provisions of item 2 of article 42 of the law of the people’s republic of china on public security administration punishment openly insult others or fabricate facts to slander others shall be detained under five days or fined 500 yuan; If the circumstances are heavier, if you are detained for more than five days and less than ten days, you can also impose a fine of less than 500 yuan. In order to achieve the purpose of education and punishment, the public security bureau of lanshan county decided to detain lee ching-hua for five days according to the provisions of item 2 of article 42 of the public security administration punishment law of the people’s republic of china.
IV. Impact of Lee Ching-Hua’s actions
The poster lee ching-hua, as a national public official, closed the gate of the registration hall of the industrial and commercial office of the city on the market day of the city on may 4, 2014, hindering the normal office of the industrial and commercial office of the city for more than two hours, affecting the general public to handle business. Moreover, in lee ching-hua, I went to the industrial and commercial office of the city with the elderly in my family for many times, smashed the office desks and chairs of the industrial and commercial office, threatened and entangled the staff of the industrial and commercial office, which seriously hindered the staff of the state administrative organs from performing official duties normally. On Lee Ching-Hua, the poster published Li Wenhui, the industrial and commercial bureau of Lanshan county, and he Hengming, the court of Lanshan county, on the media such as Blue Mountain, red net, and Tianya Forum, the post of xu jianmin’s bandit act of plundering citizens’ labor remuneration by law maliciously rumors and slander the normal law enforcement behavior of the food and drug administration for industry and commerce and the court, seriously distort the facts, and carry out malicious personal attacks on law enforcement personnel, it has caused great damage to the law enforcement image of the two departments. The law enforcement personnel of the two departments, including the parties involved, are indignant and passionate, and strongly demand that those who commit rumors and slander and those who violate the law should be investigated for legal responsibility.
It is the duty of every citizen to abide by laws and regulations, and judicial organs should protect the legitimate rights and interests of every citizen. National staff should abide by the “code of conduct for national staff network”: “National staff consciously abide by the party’s propaganda discipline, consciously resist bad words and deeds on the network, and do not listen to letters, do not disseminate unverified network information, comments and short messages, let alone fabricate network information and short messages without factual basis, national staff shall not use the network to produce, publish and disseminate relevant information that should be reflected to the organization through normal channels”. State staff should bear relevant legal responsibilities in violation of laws and regulations.
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on may 10, 2017, the public security bureau of lanshan county detained the lee ching-hua of lanshan county for five days in accordance with the public security administration punishment law of the people’s republic of china for publicly insulting and slandering others on the internet. After the news was reported by the media, there were netizens.