On May 31, 2023, the People's Court of Chongqing Xiushan Tujia and Miao Autonomous County issued a decision deciding to detain the detainee Liu Ermu for 10 days.
Why?
Case 1
Case 1, as can be seen from the court's decision, the detainee, dissatisfied with the verdict, publicly posted three videos with insults to the judge on the Douyin platform. Video content is vulgar and rude.
Moreover, during the inquiry and investigation, the detainee admitted the above-mentioned illegal facts, but refused to admit his mistake and apologize.
Therefore, the court held that Liu Ermu's speech on the Internet insulted the personal dignity of the trial judge, damaged the image of the court and the credibility of the judiciary, and had a very bad impact. Therefore, the above decision was made.
Online is not free, and speech may be law-abiding.
Searching the China Judgment Documents Network, there are many cases of also being detained or fined.
Case 2
In the case 2 above, Xu also posted false information through Douyin and insulted the judge. Therefore, he was detained by the Zhangdian District People's Court of Zibo City for 15 days + fined 10,000 yuan.
Case 3
In Case 3 above, Li openly insulted the judge by mailing a complaint letter, isn't this directly providing evidence? He was fined 5,000 yuan by the Dongcheng District People's Court of Beijing.
Case 4
In Case 4, the fined person abused the judge in the mobile micro-court. and on the premise of informing the judgment that the judgment can be appealed and the legal consequences, he again insulted the judge. That's a bad nature. Therefore, he was fined 30,000 yuan by the Haishu District People's Court of Ningbo City, Zhejiang Province.
Case 5
In case 5, this foreign friend was not friendly at all, and insulted the judge during WeChat communication, and several times. Therefore, he was fined 10,000 yuan.
There are many more such cases, so I will not list them all.
In accordance with the Provisions of the Supreme People's Court on the Lawful Performance of Functions and Powers by the People's Court Judicial Police, the Organic Law of the People's Courts of the People's Republic of China, the People's Police Law of the People's Republic of China, the Criminal Procedure Law of the People's Republic of China, the Civil Procedure Law of the People's Republic of China, the Administrative Procedure Law of the People's Republic of China and other laws and regulations, in order to ensure that the judicial police of the people's courts perform their duties and powers in accordance with the law, ensure the safety of the people's courts' trial enforcement work, and safeguard the lawful rights and interests of litigation participants. Therefore, cases of besieging, beating, or insulting judges or police officers shall be punished, forming an effective deterrent, maintaining normal social order, and ensuring the safe and orderly development of people's court litigation activities.
In short, since the problem has been solved through litigation, then follow the procedure. If the result of the first instance is not satisfactory, then the second trial, if not, it will be retried.
By insulting the judge, not only can not solve the problem, but also aggravate the judge's bad impression of you, and even as in the above case, detention plus fine, then the gain is not worth the loss.
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