【新唐人2014年08月26日訊】中國大陸財新記者陳寶成，因為去年在山東平度老家的拆遷過程中，維護強拆戶的權利，與其他7位村民一起，被警方「以涉嫌非法拘禁罪」刑事拘留。日前，陳寶成收到山東檢方的不起訴決定書。再次引發公眾關注。

8月25號，大陸媒體報導說，去年8月10號，記者陳寶成，在山東平度老家拆遷過程中，因涉嫌拘禁挖掘機司機，與其他7名村民被刑拘。此後，陳寶成一直被關押在平度市看守所。這一年多來，平度市檢察院3次延長審查起訴期限。

今年5月12號，青島市檢察院指定市北區檢察院審查起訴陳寶成案，檢方又一次延長審查起訴期限。直到6月25號，陳寶成被取保候審。據陳寶成妻子說，他已經回到原單位工作。

8月23號，陳寶成收到檢方的「不起訴決定書」。檢方指稱，陳寶成因「犯罪情節輕微」，並且「已經獲得被害人諒解」，根據相關規定，不需要判處刑罰，其他7人也同樣不被起訴。

山東律師劉衛國指出，陳寶成本來就無罪，有罪的應該是那些違法強拆的人，現在當地放人，是眾多網友和多位律師努力營救的結果。

山東律師劉衛國：「光我們山東的律師就7、8個，因為現在全國這種惡性強拆的事件非常嚴重，公民的基本財產權利得不到保障。在陳寶成被抓之前，他一直在打報警電話，警察不出警。有人說這是故意給他設了個套，我認為不排除這種可能性。」

去年7月份，陳寶成父母家所在的山東平度金鉤子村，部分村民的住宅遭強行拆除，無家可歸。陳寶成回到家鄉，和村民一起抗議強拆，期間他曾用肉體抵擋挖掘機，還曾被毆打，「被車禍」。

去年8月10號上午，陳寶成發微博說，8月9號，金鉤子村民將一名駕駛挖掘車司機扣留。他說，這名被扣留司機是「涉嫌參與7月4號破壞公民私人財物罪的犯罪嫌疑人」。他還披露，挖掘機下午又要開始挖，遭村民阻攔，並噴上汽油，他報警數次，但公安一直不出警。

第二天，平度警方就以「涉嫌非法拘禁罪」把陳寶成和村民陳淑訓、陳利利、潘學娥等7人刑拘。

他們被捕後，山東當地與中國各地律師組成了14人律師團。陳寶成的辯護律師李會清曾告訴海外媒體，陳寶成說，司機開始是被強行扣留，後來是自願留下，而且村民們也沒虐待司機。

去年9月13號，陳寶成被正式逮捕。當時，中國法學界、律師界紛紛聲援，據報導，當時曾有記者、律師等100多人趕到平度聲援。

代理律師遲夙生指出，陳寶成及其他村民留下涉嫌強拆房屋的司機，而且期間多次報案，這不能算是非法拘禁，不構成犯罪。

大陸律師遲夙生：「我感覺到，如果在中國作為一個媒體記者，他自己的家裏的權利都不能夠維護得了，那麼其他普通老百姓找媒體、找記者，那就根本沒有意義了。」

陳寶成8月21號，在微博上發文說：「從今天起，不再相信中國有法治，也不再相信中國未來會有法治。」

原《陝西電視臺》記者馬曉明：「在中共的一黨獨裁之下，根本不可能有法制，你說是黨的權力大還是法律的力量大？所以在這個專制體制下，根本談不上能有法制。僅就掠奪地皮、強拆，掠奪人民的這些資產，這一點上講，中共是罪惡纍纍啊。人民的冤屈，人民的血淚流成河啦。」

馬曉明說，大家也都看到了，血腥強拆的場景多年來在中國各地此起彼伏，因抗拒強拆自焚、被毆打、被軋死、被關押情況比比皆是。

今年3月21號，山東平度還發現了一起，護地村民為抵制暴力徵地被村官勾結開發商潑汽油放火焚燒，造成1死3傷的慘劇，事發後，當地更是有200名防暴警察深夜持盾牌、警棍進村搶屍體，多名村民被打傷。

記者編輯/李韻 後制/陳建銘

Reporter Chen Baocheng’s Freedom A Result Of Joint Efforts By Lawyers and Citizens

Chinese mainland Caixin correspondent Chen Baocheng

was once again detained with seven other villagers

on suspicion of false imprisonment.

He defended household rights during demolition processes

in Pingdu city Shandong province, last year.

Recently, Chen Baocheng’s case attracted public attention

because the prosecution decided not to pursue charges.

On Aug. 25, mainland media reported that last Aug. 10,

reporter Chen Baocheng was detained with seven other

villagers on suspicion of holding an excavator against his

will during a demolition process in his hometown of Pingdu.

Chen Baocheng has since been held in Pingdu detention

center.

Pingdu Procuratorate extended its review time

for the indictment three times in more than a year.

On May 12, the Qingdao Procuratorate specified that North

Procuratorate would review the Chen Baocheng case;

The prosecution once again extended the review time

until June 25, when Chen Baocheng was released on bail.

His wife revealed that he has returned to work.

On Aug. 23 the prosecutor decided that Chen Baocheng

and the seven others would not be prosecuted.

Their minor crimes have been forgiven by the victims.

According to related regulations, they won’t be punished.

Shandong lawyer Liu Weiguo asserted that Chen Baocheng

is not guilty;

The guilty are those who performed the illegal demolition.

Chen’s release is the result of the hard work

by many citizens and lawyers.

Shandong lawyer Liu Weiguo: “There are seven or eight

lawyers from Shandong.

Such vicious demolitions, which violate citizen’s property

rights, are very serious in China.

Before Chen Baocheng was arrested, he contacted

police, who were unresponsive.

I won’t exclude the possibility that someone

deliberately set a trap for him."

Last July, some villagers were forcibly removed

from their houses.

They were left homeless in Jingouzi, Chen Baocheng’s

parents’ village.

Chen Baocheng protested the demolitions along

with villagers after he returned home.

During the protest, he physically resisted the excavator

and was beaten.

On the morning Aug. 10, Chen Baocheng posted on his

microblog that Jingouzi villagers held an excavator

on Aug. 9.

He said the detained driver was suspected

of destroying private property on July 4.

He disclosed that the excavator resumed digging

in the afternoon.

Villagers blocked him by spraying gasoline at him.

Chen called the police several times,

but they did not respond.

The following day, Pingdu security station detained

seven people including Chen Baocheng, Chen Shuxun,

Chen Lili and Pan Xuee on suspicion of false imprisonment.

A group of 14 lawyers including Shandong

and national lawyers formed a team after their arrest.

Chen Baocheng’s lawyer Li Huiqing told foreign media

that Chen stated the driver was held at the start

of the incident, but voluntarily remained at the scene

afterward.

Villagers did not abuse him.

Last Sept. 13, Chen Baocheng was formally arrested.

At that time, Chinese legal experts supported him.

According to reports, over 100 people including reporters

and lawyers rushed to Pingdu in solidarity.

Attorney Chi Susheng pointed out that Chen Baosheng

and the other villagers repeatedly attempted to report

the driver while holding him, which cannot be considered

unlawful imprisonment and does not constitute a crime.

Chi Susheng: “If even a reporter can’t maintain his own rights

in China, it will be useless to report such events to the media."

On Aug. 21, Chen Baocheng issued the following post

on his microblog: “From today, no longer believe that China

has the rule of law in mind and no longer believe that China

will use the law in the future."

Former Shanxi TV reporter Ma Xiaoming: “Under the CCP’s

one-party dictatorship, there will be no law.

How can you tell which is more powerful,

the party or the law?

There is no law under the authoritarian system.

The Chinese Communist Party (CCP) has committed

a long list of crimes including plundering land, demolitions,

and snatching people’s assets.

People’s grievances, tears and blood are like a river."

Ma Xiaoming said bloody demolitions have taken place

all over the country over the years.

The self-immolation, the beaten people, the fatalities

due to crushings and detention due to resistance

to demolitions are everywhere.

On March 21 another incident took place in Pingdu

of Shandong Province.

The villagers who resisted violent land acquisition

were sprayed with gas and fired upon by village officials

who were in collusion with developers, resulting in one

fatality and three injuries.

Following that, 200 riot police looted corpses late at night.

Police, armed with shields and batons, injured many villagers.

Interview & Edit/LiYun Post-Production/Chen Jianming