3 policemen were wounded in the morning assault. Police officers and sons were acquitted.

category:Global
 3 policemen were wounded in the morning assault. Police officers and sons were acquitted.


The case was reexamined by the supreme court appointed the Yunnan high court. The retrial decision showed that the police were not guilty of the excessive strength of the police summons. 20 years ago, one day in the morning, the police of the Tongzi County Public Security Bureau in Guizhou took Lu Yuanming to his home on suspicion of disturbing the work order of the office, and Lu Yuanming insisted on the day that it was not open. When the police attacked, Lu Yuanming and his son struck back with bricks and sticks, causing 3 police officers to be injured. Luo Hongwei, a lawyer of the law law firm of Hubei law, said that the case is of guiding significance to how to establish a balance between law enforcement and protection of human rights. It is of great significance to pronouncement the innocence of both fathers and sons on the strict implementation of the administration according to law, the strengthening of the awareness of the protection of civil rights and the advancement of the progress of the law. Lu Yuanming, born in 1948, lives in three groups of suburban villages in Tongzi County, Guizhou province. His family is a three storey building. At 1 a.m. on November 9, 1998, 4 people from xiaomou, Wang, Lu Yuanming, so and so on came to the bottom of the house of Lu Yuanming. They came with the 98 No. 0461 summons, and the content of the summons was: Lu Yuanming was involved in a case of disturbing the order of the office in July 29, 1998, and the Bureau was interrogated by the Bureau before November 9, 1998. The police knocked on the rolling door and called Lu Yuanming to open the door and receive the summons. Lu Yuanming refused to open the door. He said he would come again during the day and be summoned after dawn. He also told his son Lu Anqiang that if the police forced to rush in, they would defend themselves. Xiaomou hurriedly reported to the leaders of the Tongzi County Public Security Bureau, requesting additional police to execute the summons. Soon, deputy director Zhang with Liu, Qian, Fu and others rushed to reinforcements. Zhang, deputy director, said at the door that Lu Yuanming was subpoenaed with warrant. Lu Yuanming still refused to open the door, insisting on dawn. Police assault type summons, 3 police officers were injured. Lu Yuanming refused to open the door and was summoned by police. Zhang, deputy director Zhang, had ordered the attack. He also transferred a fire engine. The strong attack began, and it was divided into two ways. A downstairs policeman pried the rolling door. Lu Yuanming and his family threw bricks at the top of the third floor. The bricks were smashed against the riot shield. The police raised the high pressure water gun to spray upstairs to suppress. The other way is the police officers, downer and others who jumped on the fire ladder of the fire engine and slowly extended to the top of the third floor. Soon, two police officers would be taken away with Lu Yuanming and Lu Anqiang on the roof. However, the police have also paid the price. Among them, Liu claimed to enter the rolling door after being hurt by Lu Yuanmings family. When Qian and Fu went to the top of the third floor, Lu Anqiang was hit by a blow. Liu, Qian, paid to a certain injury to Tongzi Peoples Hospital for hospitalization, after forensic identification, three people suffered minor injuries, three people spent 2159.70 yuan, 1251 yuan and 762.10 yuan in hospital. Second instance of first instance, the father and son were convicted of offense of public affairs. Waiting for Lu Yuanming and his son is detention, arrest and trial. When prosecutors prosecute, there are also civil suits: three policemen claim compensation for medical expenses. In February 12, 1999, the peoples Court of Tongzi county decided that the police carried out their duties according to law. Lu Yuanming did not accept summons without justifiable reasons, and took the violence means to carry out the police by brick throwing to obstruct the execution of their duties according to law, and instructed Lu Anqiang to carry out the acts of violence, and Lu Anqiang adopted the method of violence with wooden sticks to combat the police. He will be hindered and hurt a certain amount of money. The court sentenced Lu Yuanming to a crime of obstructing public affairs and sentenced to two years of imprisonment; Lu an Qiang committed a crime of obstruction of public affairs and sentenced to one year of imprisonment; Lu Yuanming paid a medical fee of 1251 yuan for a certain amount of money and a medical fee of 672.10 yuan. The father and son refused to accept the appeal. In April 29, 1999, the Zunyi intermediate peoples Court upheld the original judgment. The supreme court appointed the Yunnan high court for retrial, and the father and his son were acquitted. Lu Yuanming and son continued to appeal, the Supreme Peoples court made (2015) the decision of the ninety-ninth retrial in July 23, 2015 (2015), that the original decision to identify the defendant Lu Yuanming and Lu Anqiang to take violence to prevent the public security organs to summon Lu Yuanming and injure the law enforcement officers to constitute a crime of obstruction of public affairs. It is inappropriate to use the law to order the Yunnan provincial high court to retry. Yunnan provincial high court hearing that the Tongzi County Public Security Bureau summoned Lu Yuanming in November 9, 1998 to the bureau to accept interrogation, November 9, 1998 a.m. at 1 a.m., when the police went to Lu Yuanmings house for summons, Lu Yuanming said that after daylight, it did not exceed the specified time, and could not be identified as refusing to call or evade summons. In this process, the Tongzi County Public Security Bureaus mandatory summons on Lu Yuanming had exceeded its limit. Under such circumstances, it is inappropriate to apply Lu Yuanmings conviction and sentencing to the crime of obstruction of public service to Lu Anqiang and others. In this case, the intensity of mandatory summons exceeds the limit, and neither Lu Yuanming nor Lu Anqiang should bear the civil liability for compensation. In October 14, 2017, the high court of Yunnan province finally decided that Lu Yuanming and Lu an Qiang were not guilty, and dismissed the lawsuit request from Qian Mou and Fu Mou. Source: news editor of Chongqing Morning Post: Qiao Jing _NN6607 Yunnan provincial high court hearing that the Tongzi County Public Security Bureau summoned Lu Yuanming in November 9, 1998 to the bureau to accept interrogation, November 9, 1998 a.m. at 1 a.m., when the police went to Lu Yuanmings house for summons, Lu Yuanming said that after daylight, it did not exceed the specified time, and could not be identified as refusing to call or evade summons. In this process, the Tongzi County Public Security Bureaus mandatory summons on Lu Yuanming had exceeded its limit. Under such circumstances, it is inappropriate to apply Lu Yuanmings conviction and sentencing to the crime of obstruction of public service to Lu Anqiang and others. In this case, the intensity of mandatory summons exceeds the limit, and neither Lu Yuanming nor Lu Anqiang should bear the civil liability for compensation. In October 14, 2017, the high court of Yunnan province finally decided that Lu Yuanming and Lu an Qiang were not guilty, and dismissed the lawsuit request from Qian Mou and Fu Mou.