【新唐人2014年03月15日訊】廣州和北京幾名被當局非法除牌的律師，3月13號聯名簽署了一份「罷免最高人民法院院長周強」的民間呼籲書。呼籲書認為，周強日前在參加中共「兩會」的湖南代表團審議「兩高」報告時，以遼寧攤販夏俊峰殺死城管的案件為例，提出的言論極不適當，周強必須為他的違法瀆職言論謝罪，並引咎辭職！
這份《罷免周強最高人民法院院長民間呼籲書》表示﹕周強宣稱不殺夏俊峰這種人就非常危險。他說﹕「就好像兩個人關起門來吵了一架，你把人殺掉了，如果這樣也是正當防衛，這個社會就會天下大亂。」
呼籲罷免周強的民間人士則認為﹕「夏俊峰案件是不是正當防衛，無論是辯護律師、法學界，還是社會公眾，都發表了洋洋大觀的『正當防衛』之法律意見，夏俊峰案的經辦法官對此充耳不聞，否定正當防衛或防衛過當，皆是維穩思維在作怪，政治需要和維穩需要成了判夏俊峰死刑的終極考量。」而，「周強的『天下大亂』說是毫無根據的胡說亂說，依法治國、獨立審判不但不會天下大亂，相反還會天下大治。」
廣州被非法除牌律師劉士輝﹕「作為法官的一個職業道德，一般來說不得隨便評論案情的，全國人大的場合，(周強)說了那麼一番話，舉例失當，邏輯錯亂。就是說，首席大法官這個角色，他講的不是法律語言，反而是出於維穩需要用的政治語言，那也是違法的。」
這份罷免周強的《呼籲書》開放給法律界人士和社會公眾聯署。第一批聯署人有88人，包括廣州被非法除牌的律師劉士輝、唐荊陵、吳鎮琦，和北京律師唐吉田、江天勇等多名律師，以及大陸各地學者、公民等。
呼籲書指出，「周強大法官的言論極不適當，周強必須為他的違法瀆職言論謝罪並引咎辭職！」
劉士輝﹕「那麼，他(夏俊峰)該不該判刑，是應該按照他犯罪的事實，以及有沒有因為正當防衛，防衛過當這種情況。我們認為他(周強)這種特殊身份，他說這樣的話是非常不適當的，那麼他必須為自己失當的言論來負責任。」
自稱為「權益維護者」的湖北公民陳健雄，他也簽名參與了罷免周強的呼籲。
湖北權益維護者陳健雄﹕「我只能說，作為最高人民法院的院長，他就不該說這個話出來，你說這話的話，你把人民當甚麼?你把法律當甚麼?看到都很氣憤的!」
「中國民主黨浙江委員會」成員陳樹慶，也對周強提出看法。
中國民主黨浙江委員會成員陳樹慶﹕「(周強)他在湖南當省委書記的時候，李旺陽被上吊自殺，這個案情的真實情況，他管轄的湖南當局一直是阻撓民間的獨立媒體參與對案情的調查，而且，在整個的過程中，還採取了一些暴力措施，限制李旺陽的親屬、好友人身自由，當然目地也是阻礙他們對案情進行調查曝光。」
另外，在湖南代表團全體會議上，有來自醫院的代表談到「醫鬧」問題，周強也說，今年將加大對「醫鬧」的打擊力度。
評論人士熊永立撰文抨擊﹕「夏俊峰該不該殺，醫鬧該不該嚴懲，是法律說了算。你說要殺要嚴懲，就殺就嚴懲嗎？這是典型的以言代法、典型的專制思維。」
陳樹慶﹕「夏俊峰也有防衛過當的問題，應該要承擔法律責任，但是一個有良知的法官，就給夏俊峰判個死緩啊，或者是甚麼更輕一點的(刑責)。(周強)他並不是維護社會公平正義，而就是當權者包庇一方，比如包庇司法人員打擊民間。最簡單的一個對比例子，薄熙來的老婆薄谷開來用毒藥毒死人，因為她是權貴，薄谷開來就可以免於死刑﹖因為夏俊峰是一個平民，不殺不足以維護特權?我覺得這樣的人不罷免的話，中國就沒有司法公正可言。」
熊永立表示，司法早已淪為政治的附庸，需要我們拿出勇氣進行徹底而堅決的改造，而不是繼續充當保駕護航的刀把子。
採訪/朱智善 編輯/周平 後製/李勇
Appealing For The Dismissal Of Zhou Qiang, Chief Judge of the Supreme Court
Lawyers in Guangzhou and Beijing who have had their law
licenses revoked signed an open appealing letter
calling for the dismissal of Zhou Qiang, the chief judge
of the Supreme Court.
The letter states that Zhou Qiang made an extremely
improper statement during the discussion sessions
of the National People’s Conference (NPC) and Chinese
People’s Political Consultative Conference (CPPCC),
where he participated in the Hunan Representative
Delegation for reviewing reports of Supreme Court
and Supreme Procuratorate, when he made an example
of street vendor Xia Junfeng in Liaoning Province who killed
City Management Officers.
Zhou Qiang should resign and apologize
for his criminal negligence and inaproppriate statements.
The Appeal Letter to Dismiss Zhou Qiang
from his position as President of Supreme Court says,
“Zhou Qiang stated that not giving the death penalty
to persons such as Xia Junfeng would be very dangerous".
He said: “This is just like two persons who quarrel
behind closed doors. Then one person is killed.
If this is called justifiable defence,
then the society will be in chaos."
The letter’s authors say, “Regarding the justifiable defence
of Xia Junfeng’s case, the defence lawyers,
the law community and the public all published
their legal viewpoints regarding the justifiable defence,
but the case judge completely ignored these viewpoints.
This is caused by the stability-maintenance forceful way
of thinking.
The political needs and the stability-maintenance needs
were used in the final weighing of the sentencing
of Xia Junfeng with the death penalty.
Using the excuse that ‘the society in chaos’ is nonsense.
To implement the rule of law and independent adjudication
will not only avoid ‘the society in chaos’
but also achieve a well-governed society."
Guangzhou lawyer Liu Shihui, who had his lawyer license
illegally revoked says: “As a judge with professional morals,
generally speaking, he could not give comments
on a certain specific case.
At the NPC, (he) gave that sort of statement,
which shows his improper manners and chaotic logic.
That means, as the Chief Judge, his politically charged
statement was to meet the needs of stability-maintenance
rather than legalities, and this is illegal."
The appeal letter is opened to law community
and the public for signature.
The first batch of signatures has reached 88.
Among the signatures are those from Guangzhou lawyers
Liu Shihui, Tang Jinling and Wu Zhenqi who all had
their law licenses illegally revoked, as well as Beijing lawyers
Tang Jitian and Jiang Tianyong, and many Mainland scholars
and citizens.
The appeal letter points out, “The words of the Chief Judge
Zhou Qiang are extremely improper, hence Zhou Qiang
must resign and confess for his illegal
and inappropriate statements!"
Liu Shihui: “So, whether he (Xia Junfeng) should
be sentenced or not is a matter of verdict in terms
of the criminal facts and if he has a justifiable defence
or an unjustifiable defence.
We think in view of his particular position,
such a statement given by him is very inappropriate.
So he has to take responsibility for his improper statement."
Self-proclaimed human rights defender Chen Jianxiong
from Hubei Province also signed his name on the letter.
Chen Jianxiong: “I can only say as the President
of the Supreme Court, he should not speak like that.
Once he made said such a statement,
what do you regard people as?
What do you regard laws as?
This makes me angry!"
Member of the Zhejiang Committee of China
Democracy Party Chen Shuqing also expressed his opinion
in regards to what Zhou Qiang said.
Chen Shuqing: “When he (Zhou Qiang) took his position
as the CCP head in Hunan Province, June 4 activist
Li Wangyang committed suicide.
This is a true case.
The Hunan Authorities have always blocked
the independent non-governmental media from
investigating the case facts.
Furthermore, during the entire process,
some violent measures had been taken
to restrict the personal freedoms
of Li Wangyang’s relatives and friends.
The intention is of course to block
their investigation and exposure."
In addition, during the meeting with the Hunan Delegation
of the NPC, when a representative from a hospital
mentioned the Medical Dispute Profiteer (MDP) issue,
Zhou Qiang also replied that this year
the intensity of crackdown on MDP will be climbing.
Commentator Xiong Yongli wrote: “Whether Xia Junfeng
should be punished with the death penalty, and whether
an MDP should be punished should be decided by the laws.
So should every punishment just follow the death penalty
requirements or strict punishment?
This is typical use of personal views as law
and typical monocratic thinking."
Chen Shuqing: “Xia Junfeng also has unjustifiable defence
issue and he should bear legal responsibility.
But a judge with conscience should give Xia Junfeng
a death sentence with reprieve or even a lighter punishment.
(Zhou Qiang) does not want to defend the social justice
and fairness, and he just wants to shield the one party,
and shield the judicial system staff who suppress citizens.
The simplest comparison case is Bo Xilai’s wife Gu Kailai
who killed a person using toxicants.
But because she is from a bigwig family,
she was free of the death penalty.
Because Xia Junfeng is an ordinary person,
the privilege cannot be maintained if he had not been
sentenced with death penalty.
I think if such a person could not be dismissed
from his position, then there is no justice and fairness
in China."
Xiong Yongli says the judicial system has already been
degraded into a political appendage, thus bravery is needed
to undertake a thorough and resolute reform
rather than to continue to act as the knife-edge
of the local security.
Interview/Zhu Zhishan Edit/Zhou Ping Post-Production/Li Yong
