【禁闻】警辩强拆枪击正当 律师斥不懂法律

【新唐人2012年9月25日讯】辽宁省盘锦市日前发生一起暴力强行征地事件。一位村民当场被警察开枪打死,家人被打伤。事发后当局立即出动大批警力将死者遗体抢走,并封锁村庄。第二天,官方匆忙对外通告声称,警察属于正常执行公务。但这一说辞被法律界人士斥为不懂法律。

9月21号,辽宁省盘锦市某农场队长带领近百人,开着挖掘机,来到兴隆台区后二十里村王家的庄稼地,强行铲平地里即将收割的水稻。因为双方还未谈好补偿价格,王家上前阻挠,双方发生冲突。随后,渤海派出所民警到达现场。

有当地村民向大陆维权网站透露,王树杰今年37岁,家有4口人,大儿子14岁,小儿子3个月。警察一来就使劲拧着王树杰大儿子的脖子,还把他的裤子撕开,王树杰上前阻止,没想到警察张研当场开了3枪,将王树杰打死。

王树杰的爸爸看到儿子被打死,冲上前去,也被警察开两枪,打断了腿。

村民表示,王树杰死后,警方出动大概200名特警把尸体抢走。目前,王树杰的两个儿子和父亲都在医院救治,王树杰妻子几乎精神失常,其余家属受到当局控制。

事件知情人:“我昨天或前天也到那周围去了,我不是去他家,我是有别的事。通向他们家(路上)全是警察,把他们家全封了,接触他们家的人是接触不到的。”

盘锦市政法委和检察院组成的官方调查组,在事发第二天通告说,王树杰一家4人阻止警察进入,追砍施工人员和警察张研。王树杰将衣服点着火,扑向张研,被张研开枪击毙。当局宣称,警察属于正常执行公务,枪支使用符合相关法律规定。

北京知名律师莫少平向《新唐人》表示,这个通告表明,盘锦官方对基本法律常识都不了解。

北京知名律师莫少平:“你按照国务院那个条例,关于拆迁补偿的办法、规定,没有达成拆迁补偿协议,你根本没有权力去强拆的。”

莫少平指出,当局在违法强拆的情况下,还派遣警察去执行强拆,这是滥用警力,执法犯法。

莫少平:“第三点,你作为警察,这完全是一个民事纠纷,它不是一个刑事犯罪,你居然动用枪械、去开枪。这更是违法了。”

当地村民介绍,后二十里村位于盘锦市郊区,当地政府一直强征农民土地,用于各种开发,村民敢怒不敢言。当地农场领导没有征求村民同意,私下把村民土地以每亩一万七的价格卖给开发商,开发商转手卖到几十万价格,村民多次上访也没用。

莫少平:“中国现在的司法制度完全沦为政府维护本身既得利益的一个工具。所以有没有正当的法律渠道?有正当的法律渠道。但是这种正当的法律渠道被政府本身完全给腐化了。”

莫少平认为,既然政府违法强拆,老百姓当然应该尽力反抗,来抵制这种违法行为。

大陆《维权》网站报导,23号凌晨,在当局的压力下,王树杰的遗体被火化。但王树杰家人表示,问题只解决了一半。目前王树杰的父母和大哥仍然在医院治疗,身边有街道等人员进行监控。

采访/田净 编辑/李谦 后制/君卓

Chinese Authorities Claim Shootings at Expropriation “Lawful”

In a recent forcible land acquisition in Panjin, Liaoning Prov.,
Chinese policemen shot a villager to death, injuring his family.
The authorities sent a large number of policemen to obtain the
body, and blockaded the entire village.
The next day, an official report claimed that
the policeman was rightly performing his duties.
Law experts denounced this claim as ignorant of the law.

Sept. 21, about 100 people, equipped with excavators,
arrived at Wang’s rice field in Panjin, Liaoning Province.
At the director Zhang’s order, they started to level almost
ripe rice in the land.
Unsatisfied with the compensation, the Wang family
had not agreed to offer their land.
When the Wang family tried to stop them, they ended up
fighting. Later policemen arrived from Bohai police station.

Local villagers told Mainland human rights websites that the
person killed was the 37-year-old villager Wang Shujie.
One of his sons is 14 years old, the other only 3 months.

Upon arrival, the policemen got hold of the senior son,
twisting his neck and ripping open his pants.
Wang Shujie stepped forward to stop the policemen,
only to have himself killed with three shots.

Seeing his son killed, Wang Shujie’s elderly father rushed over.
The policemen broke his leg with another two shots.
The villagers said, after Wang Shujie’s death,
about 200 special policemen arrived to seize the body.
Now Wang Shujie’s father and two sons are all in hospital,
with his wife almost going insane.
The rest of his family are under control by the authorities.

Witness: “I passed by their village one or two days ago.

There are policemen everywhere on the roads to his [Wang’s]
home. His home is blockaded. It’s impossible to see his family.”

The next day, Panjin Politics and Law Committee and
Procuratorate issued an investigation report,
saying that Wang Shujie’s family tried to stop the policemen
from entering and attacked them with knives.
Wang Shujie set fire to his clothes and jumped at policeman
ZhangYan, when Zhang Yan shot and killed him.
The authorities claimed the policeman was performing his
duties, and that he’d used the gun in accordance with the law.

Distinguished Beijing lawyer Mo Shaoping told NTD that this
report reveals Panjin local authority’s ignorance of basic laws.

Distinguished Beijing lawyer Mo Shaoping:
“The State Council’s regulations on demolition compensation,
forbid forcible demolition without mutual agreements.”

Mo Shaoping pointed out how Panjin authorities dispatched
policemen to carry out illegal demolition,
which is an abuse of police force and a violation of the law.

Mo Shaoping: “This is entirely a civil dispute,
not a criminal case. It is simply violation of law when they sent armed police to shoot civilians.”

Local villagers introduced how the local government had been
expropriating farmlands for commercial purposes.
On the outskirts of Panjin, that village suffered from this policy,
but the villagers dared not voice their complaints.
Without consulting the local residents, the village leaders sold
the farmlands to real estate companies for 17,000 yuan per mu.
The companies then sold them at prices several times higher.
The villagers repeatedly petitioned, only in vain.

Mo Shaoping: “China’s current judicial system has been
completely reduced to the government’s instrument of protecting its own interests.
So is there not a legal institution? There is,
but it has been completely corrupted by the government.”

Mo Shaoping believes that civilians should certainly try
their best to resist such illegal government expropriation.

Mainland human rights websites reported, on the
early morning of Sept. 23rd, Wang Shujie’s body was cremated.
Wang’s family said that the problem
had not yet been resolved.
Now Wang’s parents and brother are still in hospital
under the surveillance of security personnel.

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