134 pieces of collection of Hunan villagers were detained for 30 years and applied for state compensation. Yueyang intermediate peoples court rejected the application without legal basis

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 134 pieces of collection of Hunan villagers were detained for 30 years and applied for state compensation. Yueyang intermediate peoples court rejected the application without legal basis


We have entrusted two lawyers, Zhang Tieyan and Zhang Xinyu, to continue to apply for state compensation cases. We are waiting for the lawyers to provide complaint materials and apply for state compensation to the high court of Hunan Province. On September 1, pan Xinming, pan Zehuangs son, said.

In 1990, the list of seized articles issued by Linxiang Public Security Bureau. Photo source / photos provided by interviewees

According to the former upstream news, more than 100 pieces of collection of a villager in Hunan Province have been detained for 29 years. Lawyer: has applied for state compensation and will be held in court. pan Zehuang, 72, was disabled due to work injury in 1976 and made a living by collecting waste. During this period, pan Zehuang received many valuable items. In 1987, pan Zehuang received a jade pen holder. Some villagers offered to buy it for 1000 yuan, but pan Zehuang did not agree. After that, the man went to the public security bureau to report my fathers trafficking in cultural relics. Pan Xinming said.

According to Lawyer Zhang Tieyan, in the early morning of September 24, 1990, the police of Linxiang City (then Linxiang county) Public Security Bureau came to pan Zehuangs home and took away 134 pieces of collection without presenting relevant documents. The next day, he issued a list of seized items, but did not file a case against pan Zehuang. After 30 years of delay, the matter has not been dealt with and the seized items have not been returned.

According to the relevant judicial documents, the investigation team of Linxiang Public Security Bureau found that pan Zehuang, a villager in Wanli village, baiyangtian Town, Linxiang City, who only had primary school culture and lived on rags, was suspected of selling cultural relics in 1990.

On September 25, 1990, according to the relevant provisions of the criminal procedure law at that time, the Public Security Bureau of Linxiang city invited relevant personnel of Linxiang museum to participate in the search of Pan Zehuangs home. According to the preliminary identification of relevant personnel of Linxiang Museum, 134 suspected cultural relics in pan Zehuangs family were seized, and a list of seized items was issued to pan Zehuang on the spot.

On October 27, 1990, the Public Security Bureau of Linxiang City, in accordance with the provisions of the national cultural relics protection law at that time, transferred all the suspected cultural relics seized to Linxiang Museum. In October of the same year, the Public Security Bureau of Linxiang city took measures to accept and examine Li Xinlin, who sold cultural relics in the case. However, neither criminal investigation nor return of seized articles was taken against pan Zehuang.

The jade pen holder originally belonging to pan Zehuang was exhibited in Linxiang Museum. Photo source / photos provided by interviewees

After 26 years, on June 16, 2016, pan Zehuang applied to Linxiang Public Security Bureau for national compensation; four days later, Linxiang Public Security Bureau issued a notice of rejection. On June 1, 2019, pan Zehuang once again applied for state compensation to Linxiang Public Security Bureau. On June 28, 2019, the Public Security Bureau of Linxiang city made a criminal compensation decision No. (2019) 0001, and decided not to make compensation.

Pan Zehuang was not satisfied. On July 22, 2019, he applied to Yueyang Public Security Bureau for reconsideration. On September 12, 2019, Yueyang Public Security Bureau made a reconsideration decision, maintaining the decision of Linxiang Public Security Bureau on criminal compensation.

Pan Zehuang has always wanted to recover the suspected cultural relics seized 30 years ago. Photo source / photos provided by interviewees

The court said there was no basis for applying for state compensation

On November 26, 2019, Yueyang intermediate peoples court heard the case of Pan Zehuang v. Linxiang Public Security Bureau and Yueyang Public Security Bureau for illegally sealing up, detaining, freezing and recovering compensation.

In the court trial, Zhang Tieyan and Zhang Xinyu, the lawyers of Pan Zehuang, proposed that the organ under compensatory obligations could not provide evidence to prove that the cultural relics involved in the case were of illegal origin, and that the articles involved should be legally owned by Pan Zehuang; the nature and price of 134 articles should be proved by the organ with compensatory obligations, and some articles involved in the case could be proved to be cultural relics by the evidence on the case. The agent also mentioned that the seizure in this case has been in a continuous state and the State Compensation Law amended in 2012 should be applied.

The court also found out that 134 suspected cultural relics in pan Zehuangs family seized by Linxiang Public Security Bureau were preliminarily identified by Linxiang Municipal Museum. Among them, there were one third-class Prose (jade pen holder), 10 general scattered cultural relics and 3 general unearthed cultural relics. The rest were not cultural relics. All items are now in Linxiang Museum.

Both Linxiang Public Security Bureau and Yueyang Public Security Bureau, which are responsible for compensation obligation, mentioned in their reply that the act of this case occurred in September 1990. Before the promulgation of the state compensation law, pan Zehuangs application for state compensation did not fall within the scope of its adjustment.

Yueyang intermediate peoples court held that in this case, the seizure of Pan Zehuangs suspected articles by Linxiang Public Security Bureau occurred on September 25, 1990, but Linxiang Public Security Bureau handed over all the seized items to Linxiang Museum on October 27, 1990. Therefore, it should be considered that Linxiang Public Security Bureau has disposed of the seized articles, which can not be identified as being in a continuous state. As to whether the act of transferring all the seized articles to Linxiang Museum by Linxiang Public Security Bureau is legal, this case will not be examined.

The Yueyang Municipal Intermediate Peoples court decided that pan Zehuangs application for state compensation had no legal basis and decided to reject his application. Photo source / photos provided by interviewees

Yueyang Municipal Intermediate Peoples court also mentioned that the state compensation law had not been promulgated and implemented when the act of detaining pan Zehuangs suspected articles in his home and handing them over to Linxiang City Museum by Linxiang Public Security Bureau had not been promulgated. According to the principle of non retroactivity of law, the state compensation law has no retroactive effect on this case. Pan Zehuangs application for state compensation to Yueyang intermediate peoples court does not belong to the adjustment scope of the State Compensation Law and has no legal basis. It is not improper for Linxiang Public Security Bureau to decide not to compensate and Yueyang Public Security Bureau to maintain it.

Yueyang Municipal Intermediate Peoples court also said that the police took measures to detain Li Xinlin and did not take criminal investigation measures against pan Zehuang. The case has actually changed from criminal procedure to administrative procedure. This case is criminal judicial compensation, so it is impossible to review the administrative act, so it is impossible to decide whether to return the seized items.

Deputy Lawyer Zhang Xinyu believes that the compensation decision of Yueyang intermediate peoples court has no legal and factual basis. As the criminal cases have not been completed, no organ or individual has the right to dispose of the property involved. The transfer of Linxiang Public Security Bureau is not legal. The disposal of Linxiang Public Security Bureau without legal authorization is invalid. Therefore, from the legal point of view, the property involved in the case is still in the process of seizure. Moreover, the judicial organs obviously need to judge the nature of the public security organs disposal behavior, otherwise, it is impossible to determine the current legal status of the property involved in the case and whether to compensate pan Zehuang.

Prior news

More than 100 pieces of collection of a villager in Hunan have been detained for 29 years

More than 100 collections of Pan Zehuangs family, a villager in Wanli village, Yueyang City, Hunan Province, have been seized for 29 years.

The upstream news reporter learned from Zhang Tieyan, pan Zehuangs lawyer, that he had received a notice to appear in court from Yueyang City Intermediate Court. The case of Pan Zehuang suing Linxiang Public Security Bureau and Yueyang Public Security Bureau for criminal illegal seizure, seizure, freezing and recovery of compensation will open on November 26.

The court appearance notice issued by Yueyang Municipal Intermediate Peoples court. Photos provided by interviewees

More than 100 collections of villagers were detained for 29 years

According to pan Xinming, pan Zehuangs son, whose father, 72, was disabled due to work injuries in 1976 and made a living by collecting waste products. During this period, pan Zehuang received many valuable items. In 1987, pan Zehuang received a jade pen holder. Some villagers offered to buy it for 1000 yuan, but pan Zehuang did not agree. After that, he went to the public security bureau to report my fathers trafficking in cultural relics. Pan Xinming said.

According to Lawyer Zhang Tieyan, in the early morning of September 24, 1990, the staff of the Public Security Bureau of Linxiang City (Linxiang county at that time) came to pan Zehuangs home, did not produce relevant documents, and took away 134 pieces of Pan Zehuangs collection. He issued a list of seized items the next day, and did not file a case against pan Zehuang. Since then, the matter has not been dealt with and the seized articles have not been returned.

On September 21, 2015, pan Zehuang asked Linxiang Public Security Bureau to return the items seized on September 25, 1990 with a copy of the list of seized items and a written report. On October 13, 2015, the Public Security Bureau of Linxiang City replied pan Zehuang in a letter and visit. After investigation, it was found that the situation of the seized articles by the Public Security Bureau was true. Due to the need for identification of the seized items and the management authority of the seized items, the seized articles were handed over to the Linxiang Museum on October 27, 1990.

On August 10, 2016, Linxiang Municipal Museum issued an information note showing that in October 1990, Linxiang Public Security Bureau handed over the collection to our museum. Through preliminary identification, there are 3 unearthed cultural relics and 11 scattered cultural relics, among which the jade pen holder is a national class III cultural relic.

A description issued by Linxiang Museum. Photos provided by interviewees

Application for state compensation rejected

At first, the Public Security Bureau of Linxiang city was proactive and came to Beijing many times to consult with us. Zhang Tieyan said, but later did not continue to communicate.

Zhang Tieyan introduced that we applied to the Linxiang Public Security Bureau for compensation for criminal violations. At the beginning, the Linxiang Public Security Bureau concluded that it would not be accepted. According to the relevant provisions, not to accept is not in accordance with the law, and then Linxiang City Public Security Bureau asked us to apply for compensation again.

On June 28, 2019, Linxiang Public Security Bureau made a criminal compensation decision and decided not to make compensation. Linxiang Public Security Bureau believes that according to the relevant provisions of the State Compensation Law and other relevant provisions, the state compensation law has been implemented since January 1, 1995, which clearly stipulates that the state compensation law is not retroactive. The act of this case occurred in September 1990, which is not legally retroactive and does not fall within the scope of compensation under the state compensation law. Therefore, it will not be compensated.

On July 12, pan Zehuang applied to Yueyang Public Security Bureau for reconsideration. On September 12, Yueyang Public Security Bureau also maintained the criminal compensation decision made by Linxiang Public Security Bureau on the ground that pan Zehuangs state compensation application was not within the scope of state compensation.

The notice of case acceptance of Yueyang Municipal Intermediate Peoples court. Photos provided by interviewees

The compensation application also mentioned that the Linxiang Public Security Bureau seized pan Zehuangs collection in violation of the law and did not return it or deal with it according to law. Whats more serious is that the Public Security Bureau of Linxiang City, in violation of the legal provisions, handed over part of the seized collection to the Linxiang City Museum, and the whereabouts of the remaining 120 collections was unknown, which seriously violated pan Zehuangs legal property ownership.

In addition, although the seizure of the property involved by Linxiang Public Security Bureau occurred 29 years ago, the seizure actually continues to this day. Therefore, the current state compensation law of the peoples Republic of China should also be applied to the seizure. According to the provisions of the law, 134 items involved in this case should be released from custody and returned in time.

(function(){( window.slotbydup=window .slotbydup||[]).push({id:u5811557,container:ssp_ 5811557, async:true }Source of this article: Li Chao, responsible editor of upstream news_ NB12814