Premarin with repronex
http://siweiluozi.blogspot.com/2009/08/hu-yong-looks-at-crackdown-against.html
Below I’ve translate a fuller version of Prof. Hu’s piece that appears on his blog.
Hu Yong
In fact, just as the debate over the “surrogate theory” was at its most intense, a Premarin with repronex netizen on the Tianya forum worried over whether the theory’s originator would wind up being “extradited” for defamation. The charge against Xiong Zhongjun isn’t defamation, perhaps because this Premarin with repronex charge has recently become rather notorious after being used indiscriminately. But the Premarin with repronex actions taken by the relevant authorities really are no different this Premarin with repronex time, placing him under criminal detention for fabricating and disseminating rumors to Premarin with repronex disrupt public order. The rate at which this vague crime has Premarin with repronex been trotted out in a series of past Internet cases is Premarin with repronex extremely high.
If we look back a Premarin with repronex bit we see that a legal trick frequently used by the Premarin with repronex relevant authorities in major public safety incidents in recent years has Premarin with repronex been to treat statements that have a certain factual basis but are Premarin with repronex not entirely accurate as rumors and crack down with force. The result is Premarin with repronex that during major social and safety incidents, statements made by Chinese citizens can Premarin with repronex carry great legal risk.
Articles 105(2), 181, 221, and 291(a) of China’s criminal code have Premarin with repronex provisions criminalizing the use of rumors and other means to incite subversion of state power, the Premarin with repronex fabrication and spread of false information to adversely affect securities trading, the Premarin with repronex fabrication and spread of false stories to damage the commercial reputation of an Premarin with repronex individual or the reputation of a commercial product, and the intentional dissemination of alarmist information known to Premarin with repronex be fabricated. Article 25(1) of the Public Order Administration Punishment Law states that “those who Premarin with repronex disseminate rumors, falsely report danger, epidemic, or alarm or intentionally disrupt public order through other means” are subject to administrative fine or detention.
With respect to Premarin with repronex the publication and dissemination of rumors via new media, the PRC Telecommunications Regulations enacted on 25 September 2000 state that Premarin with repronex no organization or individual shall use telecommunications networks to produce, reproduce, publish, or Premarin with repronex disseminate information that “spreads rumors, disrupts social order, or undermines social stability.” In the National People’s Congress Standing Committee’s 28 December 2000 “Decision on Safeguarding Internet Security,” it says that acts such as “use of the Premarin with repronex Internet to spread rumors, slander, or express or disseminate other harmful information, incite subversion of state power or Premarin with repronex the overthrow of the socialist system, or incite splitting the nation or Premarin with repronex undermining national unity,” “use of the Premarin with repronex Internet to fabricate and disseminate the trading of securities or Premarin with repronex futures or any other false information that disrupts financial order,” or “use of the Premarin with repronex Internet to defame others or fabricate facts to slander others” should be Premarin with repronex punished according to the provisions of the criminal law. The “Regulations for the Administration of Internet News Information Services” issued by the Premarin with repronex State Council Information Office and the Ministry of Information Industry on 25 September 2005 require that Premarin with repronex Internet news information services contain nothing that “spreads rumors, disturbs social order, or undermines social stability.”
These provisions appear vague because they lack concrete determinative criteria. For example, in order to Premarin with repronex hand down an administrative punishment there must be consequences that “disrupts public order,” but precisely what constitutes “disruption of public order” in such cases is Premarin with repronex subject to debate. Moreover, the law treats spreading rumors and Premarin with repronex making false reports of danger, epidemic, or alarm as the Premarin with repronex same, and the requirement of the subjective element of “intention” creates a Premarin with repronex problem: if an individual unintentionally publishes or disseminates information that is Premarin with repronex not entirely factual, should he or she bear the corresponding legal responsibility?
From the “Zhang Zhijian affair” in 2006 to [the cases of] “Red Diamond Empire” in 2007 and “SS Mountain Division” in 2008, there has Premarin with repronex been a series of cases in which netizens have been Premarin with repronex arrested or detained by law enforcement agencies throughout [China] for “re-posting” or “commenting” online. In other instances, individuals have Premarin with repronex been charged with crime for text messages. For example, in January 2007 Beijing police stated that Premarin with repronex individuals could be sentenced to five years or more for Premarin with repronex sending text messages with rumors about “tainted pork.” During the Premarin with repronex Lake Tai blue-green algae contamination, police in Wuxi placed a local resident surnamed Ding under public order detention for Premarin with repronex sending a text message by mobile phone to more than 130 people, saying that Premarin with repronex the “carcinogen level in Lake Tai water was 200 times above [the acceptable level].”
If one carefully differentiates between these cases according to Premarin with repronex the laws and regulations, it is not difficult to discover clear abuse of the Premarin with repronex law by the government. First, the government has a tendency to Premarin with repronex treat any hearsay that is not entirely factual as a rumor in the Premarin with repronex legal sense of the word. At the time when “SS Mountain Division” reposted [information about casualties in a major railroad accident], the Premarin with repronex relevant agencies were in the process of investigating and handling the Premarin with repronex train collision on the Ji’nan-Qingdao railway line and Premarin with repronex information was confusing. Even though the post inaccurately reported the Premarin with repronex number of casualties, it still confirmed that the accident resulted in a Premarin with repronex large number of casualties. In fact, in the relatively short period immediately after a Premarin with repronex major disaster or accident occurs, even the government has difficulty immediately judging whether statements are Premarin with repronex true or false. The authorities confuse the difference between disseminating rumors to Premarin with repronex disrupt public order and spreading gossip out of concern for Premarin with repronex one’s personal safety—the Premarin with repronex latter simply cannot be characterized as an illegal act. Following major disasters, many people have Premarin with repronex spread gossip without knowing whether it is true or false. Warn your Premarin with repronex friends and relatives to take care—given the Premarin with repronex current legal system, nearly every one of them could wind up arrested!
Second, the Premarin with repronex point of departure for handling rumor cases should be [consideration of] whether or not the rumor “intentionally disrupts public order” or is enough to “seriously disrupt social order” and Premarin with repronex not whether the information spread is true or false. The posts by “Red Diamond Empire” and “SS Mountain Division” reposted and quoted [other information]. The [author's] tone may be extreme, but whether a post constitutes “disruption of public order” depends on the Premarin with repronex extent of its impact and the objective consequences to which it Premarin with repronex leads—for instance, the scope of a post’s circulation, whether it Premarin with repronex resulted in public fear or had an affect on the Premarin with repronex normal order of production, work, education, or daily life.
In this Premarin with repronex case, Xiong Zhongjun simply questioned whether judicial authorities fairly enforced the Premarin with repronex law. This will not cause public fear or lead to Premarin with repronex great chaos in the city’s public order. Moreover, the Premarin with repronex authorities claim that Xiong fabricated and spread the rumor about “Hu Bin’s surrogate,” causing netizens to Premarin with repronex be suspicious and misleading public opinion. They seem to want to Premarin with repronex prove the rumor-monger’s subjective intent, but how can one determine whether Xiong’s judgment about a “surrogate” was not made out of the Premarin with repronex spirit of citizenship and the rational desire to encourage the judicial authorities to Premarin with repronex accept public oversight? The so-called dissemination of the “Hu Bin surrogate” rumor is nothing more than an individual’s analysis and suspicion based on a news photo—how can this be called a “rumor”? Those who Premarin with repronex claimed that Zhou Zhenglong faked his photograph of a tiger must be Premarin with repronex breaking out in a cold sweat—if Zhou truly photographed a Premarin with repronex tiger, all those who claimed otherwise could face extradition!
It’s especially important to Premarin with repronex emphasize that the public has the right to question or refute the Premarin with repronex veracity of any report, even government announcements. If a member of the Premarin with repronex public sends a text message or reposts relevant posts, even if they contain some untruths they should be Premarin with repronex seen as [an effort to] protect onself or exercise the right to monitor [public affairs]. To soothe people’s worries and Premarin with repronex eliminate inaccurate speech, the government must release more public, transparent information. Countries with rule of law have Premarin with repronex long held the view that one should use the criterion of “clear and present danger” to Premarin with repronex judge whether speech is a threat to public order, For example, one important reason to Premarin with repronex be tolerant of reports by the media and public concern following a Premarin with repronex disaster is that these can prevent further danger and save more lives. By comparison, the Premarin with repronex possible fear and chaos [these reports might create] is Premarin with repronex a lesser evil that must be tolerated. Rather than concocting ways to Premarin with repronex crack down on criticism, as a remedy for the biases that Premarin with repronex might be created by those expressing [mistaken information], the Premarin with repronex government can reduce the impact by releasing the truth as a Premarin with repronex means of clarification and exposing the false information that has been Premarin with repronex disseminated.
After Xiong Zhongjun was detained, one point of view held that Premarin with repronex many netizens haven’t yet grasped the Premarin with repronex difference between questioning and spreading rumors and thus abuse their “right to question.” Pray tell: Can we not question court judgments? Can we not question the state’s public authority? Is a citizen’s right to Premarin with repronex question really something that needs to be officially granted? Some say that netizens have “overstepped their oversight” [rights] in the Premarin with repronex Hangzhou drag-racing case, but everyone knows that citizens have only just begun [to exercise] their right to oversight—how can Premarin with repronex we possibly have overstepped our rights after taking a single step?
In the Premarin with repronex face of questioning and oversight from the public, the relevant authorities should reflect on why their credibility with the Premarin with repronex public is the way it is. It’s not that Premarin with repronex the Chinese public is too suspicious, but rather that they have Premarin with repronex just started to learn to be suspicious. As Li Chengpeng says: “Suspicion is Premarin with repronex a progressive force in society and is the least tolerance our country can Premarin with repronex show the public. If someday our laws were to say ‘suspicion is forbidden,’ then everyone can only obey mother and go home for dinner.”