【新唐人2014年03月15日讯】广州和北京几名被当局非法除牌的律师，3月13号联名签署了一份“罢免最高人民法院院长周强”的民间呼吁书。呼吁书认为，周强日前在参加中共“两会”的湖南代表团审议“两高”报告时，以辽宁摊贩夏俊峰杀死城管的案件为例，提出的言论极不适当，周强必须为他的违法渎职言论谢罪，并引咎辞职！
这份《罢免周强最高人民法院院长民间呼吁书》表示﹕周强宣称不杀夏俊峰这种人就非常危险。他说﹕“就好像两个人关起门来吵了一架，你把人杀掉了，如果这样也是正当防卫，这个社会就会天下大乱。”
呼吁罢免周强的民间人士则认为﹕“夏俊峰案件是不是正当防卫，无论是辩护律师、法学界，还是社会公众，都发表了洋洋大观的‘正当防卫’之法律意见，夏俊峰案的经办法官对此充耳不闻，否定正当防卫或防卫过当，皆是维稳思维在作怪，政治需要和维稳需要成了判夏俊峰死刑的终极考量。”而，“周强的‘天下大乱’说是毫无根据的胡说乱说，依法治国、独立审判不但不会天下大乱，相反还会天下大治。”
广州被非法除牌律师刘士辉﹕“作为法官的一个职业道德，一般来说不得随便评论案情的，全国人大的场合，(周强)说了那么一番话，举例失当，逻辑错乱。就是说，首席大法官这个角色，他讲的不是法律语言，反而是出于维稳需要用的政治语言，那也是违法的。”
这份罢免周强的《呼吁书》开放给法律界人士和社会公众联署。第一批联署人有88人，包括广州被非法除牌的律师刘士辉、唐荆陵、吴镇琦，和北京律师唐吉田、江天勇等多名律师，以及大陆各地学者、公民等。
呼吁书指出，“周强大法官的言论极不适当，周强必须为他的违法渎职言论谢罪并引咎辞职！”
刘士辉﹕“那么，他(夏俊峰)该不该判刑，是应该按照他犯罪的事实，以及有没有因为正当防卫，防卫过当这种情况。我们认为他(周强)这种特殊身份，他说这样的话是非常不适当的，那么他必须为自己失当的言论来负责任。”
自称为“权益维护者”的湖北公民陈健雄，他也签名参与了罢免周强的呼吁。
湖北权益维护者陈健雄﹕“我只能说，作为最高人民法院的院长，他就不该说这个话出来，你说这话的话，你把人民当什么?你把法律当什么?看到都很气愤的!”
“中国民主党浙江委员会”成员陈树庆，也对周强提出看法。
中国民主党浙江委员会成员陈树庆﹕“(周强)他在湖南当省委书记的时候，李旺阳被上吊自杀，这个案情的真实情况，他管辖的湖南当局一直是阻挠民间的独立媒体参与对案情的调查，而且，在整个的过程中，还采取了一些暴力措施，限制李旺阳的亲属、好友人身自由，当然目地也是阻碍他们对案情进行调查曝光。”
另外，在湖南代表团全体会议上，有来自医院的代表谈到“医闹”问题，周强也说，今年将加大对“医闹”的打击力度。
评论人士熊永立撰文抨击﹕“夏俊峰该不该杀，医闹该不该严惩，是法律说了算。你说要杀要严惩，就杀就严惩吗？这是典型的以言代法、典型的专制思维。”
陈树庆﹕“夏俊峰也有防卫过当的问题，应该要承担法律责任，但是一个有良知的法官，就给夏俊峰判个死缓啊，或者是什么更轻一点的(刑责)。(周强)他并不是维护社会公平正义，而就是当权者包庇一方，比如包庇司法人员打击民间。最简单的一个对比例子，薄熙来的老婆薄谷开来用毒药毒死人，因为她是权贵，薄谷开来就可以免于死刑﹖因为夏俊峰是一个平民，不杀不足以维护特权?我觉得这样的人不罢免的话，中国就没有司法公正可言。”
熊永立表示，司法早已沦为政治的附庸，需要我们拿出勇气进行彻底而坚决的改造，而不是继续充当保驾护航的刀把子。
采访/朱智善 编辑/周平 后制/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
