On June 18, 2020, due to a public security incident, Ms. Wang, who lives in Yuzhong District, Chongqing City, was forcibly summoned to the police station after complaining about Chen Jing (pseudonym), a police officer handling the case at the Wanglongmen police station. During this period, due to questioning the reason for the summons, Ms. Wang was subdued by the police involved using pepper water and batons. That night, Ms. Wang's mother was also taken to the police station. Afterwards, the local police filed a case against Ms. Wang's parents for the crime of obstructing public service, but later withdrew the case.
Ms. Wang believed that the actions of the police officer Chen Jing and the police station violated the legitimate rights and interests of the family, and sued the police station involved in the case. In July this year, the Chongqing Yuzhong District People's Court issued a first-instance judgment, finding that the Wanglongmen police station had violated the law by using police equipment and summoning two acts that night. On September 9, Ms. Wang said in an interview that the relevant responsible persons had not been dealt with after the court's judgment.
The public network poster news reporter learned that the Wanglongmen police station was not satisfied with the results of the first-instance judgment and had filed an appeal.
After complaining about the police
Forcibly summoned by door-to-door
According to Ms. Wang, on May 20, 2020, she had a dispute with her friend Li mou at home due to emotional problems, and was injured by Li with a mobile phone and called the police.
According to the court's judgment, after receiving the police at the Wanglongmen Police Station of the Yuzhong Branch of the Chongqing Public Security Bureau, a police officer Chen Jing (pseudonym) was dispatched to deal with the case. Since then, the police have tried to organize mediation between the two sides, but no agreement has been reached. Ms. Wang said that because in the mediation on June 13, 2020, she claimed the lost work fee, and the other party was unwilling, so the two parties gave up mediation.
Ms. Wang was controlled and handcuffed by the police. Screenshot of the source police law enforcement recorder
At about 7:20 p.m. on June 18, 2020, Chen Jing, a police officer who undertook the previous case, called and asked Ms. Wang if she had any mediation needs, and Ms. Wang said that she wanted to see the other party in mediation. According to the verdict, Chen Jing informed Ms. Wang to go to the police station for questioning, but Ms. Wang refused to go.
Ms. Wang said that after refusing, Chen Jing insisted that he go to the police station, and the two subsequently quarreled, Ms. Wang believed that Chen Jing's attitude was not good, so she called the 110 police number to complain about it with "verbal insults and bad attitudes". After receiving the 110 police dispatch order, the Wanglongmen police station dispatched three people, including Chen Jing, a police officer who was complained about, and an auxiliary police officer.
According to police law enforcement recorders, after arriving at Ms. Wang's place of residence, the police said "police station" and knocked on the door. The police wanted to enter the room, and Ms. Wang shouted not to break into the house. After a period of argument and tug-of-war, Ms. Wang was taken out of the room with her hands clasped. During this period, the police handling the case shouted that because Ms. Wang was fighting with others, oral summons was needed.
Two elderly people were charged with obstructing official duties
Later, the case was withdrawn
After Ms. Wang was controlled and taken out of the room, her parents questioned the reason for the summons. The court's first-instance judgment shows that Ms. Wang's mother, Liu Shaoying (pseudonym), stretched out her hands and waved in front of the police officer Chen Jing and asked Chen Jing to handcuff her. Subsequently, Ms. Wang's father, Wang Quan (pseudonym), walked towards Chen Jing. Chen Jing took out a tear gas sprayer and told Liu Shaoying: "This is pepper water, don't hinder law enforcement." Chen Jing used a tear gas sprayer to spray Liu Shaoying's face after she continued to approach, and Liu Shaoying covered her eyes and reached out to slap Chen Jing.
After that, Liu Shaoying walked out of the house with her eyes closed and shouted at people to watch, and ripped off the law enforcement recorder of another policeman, who stopped Liu Shaoying's behavior. Chen Jing continued not to obstruct official business and would clean it later. Ms. Wang's father, Wang Quan, said that he could not leave after beating people, and pushed Chen Jing, Chen Jing wanted to use a tear gas injector on Wang Quan, Wang Quan saw the situation and snatched it, Chen Jing pulled out his baton and waved it at Wang Quan. After the police at the scene requested reinforcements, Liu Shaoying was taken to the Chaotianmen police station of the Yuzhong District Bureau, and then Wang Quan also went to be investigated on his own.
The Decision on The Decision on The Revocation of the Case issued by the Yuzhong Branch of the Chongqing Municipal Public Security Bureau on August 28, 2020, stated that the two parties had no criminal facts.
In accordance with the instructions of the Yuzhong Branch of the Chongqing Municipal Public Security Bureau, the Wanglongmen Police Station transferred Ms. Wang and her parents to the Chaotianmen Police Station for handling on the grounds of obstructing the execution of official duties. On June 19, 2020, the Yuzhong District Bureau of the Chongqing Municipal Public Security Bureau issued a "Decision on Filing a Case", deciding to file and investigate Wang Quan and Liu Shaoying for the crime of obstructing public service, and issued a "Decision on Residential Surveillance".
On August 28, 2020, the Chongqing Yuzhong District Bureau issued a Decision on The Revocation of the Case and the Decision on Contact under Residential Surveillance on the grounds that there were no facts of the crime. The "Decision on The Revocation of Cases" shows that the case of Wang Mou and Liu Mou handled by the bureau for the crime of obstructing public service was decided to withdraw the case because there were no criminal facts.
The court ruled in the first instance that the police station had violated two counts of the law
After the incident, Ms. Wang repeatedly reported the situation to the relevant departments, but did not get a satisfactory reply, so she and her parents took the Wanglongmen police station to court. It was requested that the Wangpai Institute's subpoena of Ms. Wang be illegal, and that her parents' repeated spraying and beating of her parents was illegal. After nearly a year of investigation and trial, in July this year, the Chongqing Yuzhong District Court issued a first-instance administrative judgment confirming that the Wanglongmen police station's subpoena of Ms. Wang and the use of police equipment on her parents were illegal.
(2020) Yu 0103 Xingchu No. 313 Administrative Judgment found that the police summons on the same day was illegal
According to the (2020) Yu 0103 Xingchu No. 313 Administrative Judgment, the court found that the evidence in this case can be concluded that the plaintiff Ms. Wang is a party to the public security case, and the defendant Wanglongmen police station sent police directly to her residence to summon the plaintiff Wang under the circumstance that she refused to cooperate with the investigation, and there was not a temporary emergency, so the defendant Wanglongmen police station's defense opinion has no factual basis. Therefore, the defendant Wanglongmen police station's conduct of oral summons against the plaintiff Ms. Wang without using the summons warrant violated legal procedures and should be determined to be illegal according to law.
(2021) Yu 0103 Xingchu No. 6 Administrative Judgment shows that in this case, the Wanglongmen police station used expulsive and uniformed police equipment against Wang Quan (pseudonym) and Liu Shaoying (pseudonym) on the premise that Wang Quan and Liu Shaoying had "resisted or obstructed violent methods" against the police, that is, they needed to reach the level of "violence" or attack the people's police. The video data in the case shows that although the above-mentioned acts of Wang Quan and Liu Shaoying have a certain provocative nature, they have not yet reached the level that requires the police to use tear injectors, batons and other police equipment, and the two have not carried out acts of attacking the people's police, so the court found that the police's use of tear gas injectors, batons and other police equipment against Liu Shaoying and Wang Quan did not meet the prescribed conditions for the use of police equipment, and their behavior was illegal.
The police station involved will appeal
On September 9, Ms. Wang said in an interview with the public network poster news reporter that she accepted the court's first-instance judgment, but two months have passed since the verdict, and the relevant responsible persons have not been dealt with accordingly, and she hopes that the relevant responsible persons can be dealt with and the public security organs can apologize to the family.
On the afternoon of September 9, the public network poster news reporter called the Wanglongmen police station about Ms. Wang's related encounters, explained the intention of the interview, and the staff who answered the phone said that the police station did not accept interviews, please consult the political office of the substation, and someone arranged the interview uniformly. The staff of the Yuzhong Branch of the Chongqing Municipal Public Security Bureau said that because of disciplinary requirements, it is necessary to obtain an interview letter from the Propaganda Department of the Political Department of the Chongqing Municipal Public Security Bureau in accordance with the regulations before being interviewed.
The public network poster news reporter learned that the Wanglongmen police station was not satisfied with the results of the first-instance judgment and had filed an appeal. A staff member in charge of publicity at the Chongqing Municipal Public Security Bureau said that he would wait for the results of the second-instance trial.
Source: Volkswagen