【禁聞】警辯強拆槍擊正當 律師斥不懂法律

【新唐人2012年9月25日訊】遼寧省盤錦市日前發生一起暴力強行徵地事件。一位村民當場被警察開槍打死,家人被打傷。事發後當局立即出動大批警力將死者遺體搶走,並封鎖村莊。第二天,官方匆忙對外通告聲稱,警察屬於正常執行公務。但這一說辭被法律界人士斥為不懂法律。

9月21號,遼寧省盤錦市某農場隊長帶領近百人,開著挖掘機,來到興隆臺區後二十里村王家的莊稼地,強行剷平地裡即將收割的水稻。因為雙方還未談好補償價格,王家上前阻撓,雙方發生衝突。隨後,渤海派出所民警到達現場。

有當地村民向大陸維權網站透露,王樹傑今年37歲,家有4口人,大兒子14歲,小兒子3個月。警察一來就使勁擰著王樹傑大兒子的脖子,還把他的褲子撕開,王樹傑上前阻止,沒想到警察張研當場開了3槍,將王樹傑打死。

王樹傑的爸爸看到兒子被打死,衝上前去,也被警察開兩槍,打斷了腿。

村民表示,王樹傑死後,警方出動大概200名特警把屍體搶走。目前,王樹傑的兩個兒子和父親都在醫院救治,王樹傑妻子幾乎精神失常,其餘家屬受到當局控制。

事件知情人:「我昨天或前天也到那周圍去了,我不是去他家,我是有別的事。通向他們家(路上)全是警察,把他們家全封了,接觸他們家的人是接觸不到的。」

盤錦市政法委和檢察院組成的官方調查組,在事發第二天通告說,王樹傑一家4人阻止警察進入,追砍施工人員和警察張研。王樹傑將衣服點著火,撲向張研,被張研開槍擊斃。當局宣稱,警察屬於正常執行公務,槍支使用符合相關法律規定。

北京知名律師莫少平向《新唐人》表示,這個通告表明,盤錦官方對基本法律常識都不了解。

北京知名律師莫少平:「你按照國務院那個條例,關於拆遷補償的辦法、規定,沒有達成拆遷補償協議,你根本沒有權力去強拆的。」

莫少平指出,當局在違法強拆的情況下,還派遣警察去執行強拆,這是濫用警力,執法犯法。

莫少平:「第三點,你作為警察,這完全是一個民事糾紛,它不是一個刑事犯罪,你居然動用槍械、去開槍。這更是違法了。」

當地村民介紹,後二十里村位於盤錦市郊區,當地政府一直強徵農民土地,用於各種開發,村民敢怒不敢言。當地農場領導沒有徵求村民同意,私下把村民土地以每畝一萬七的價格賣給開發商,開發商轉手賣到幾十萬價格,村民多次上訪也沒用。

莫少平:「中國現在的司法制度完全淪為政府維護本身既得利益的一個工具。所以有沒有正當的法律渠道?有正當的法律渠道。但是這種正當的法律渠道被政府本身完全給腐化了。」

莫少平認為,既然政府違法強拆,老百姓當然應該盡力反抗,來抵制這種違法行為。

大陸《維權》網站報導,23號凌晨,在當局的壓力下,王樹傑的遺體被火化。但王樹傑家人表示,問題只解決了一半。目前王樹傑的父母和大哥仍然在醫院治療,身邊有街道等人員進行監控。

採訪/田淨 編輯/李謙 後製/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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