The cloud of "slanderers" in officialdom

Recently, Zhang Jingli appealed, one of the important reasons is that he insisted that "he didn't instruct others to falsely accuse or frame his boss". So someone joked that Zhang Jingli finally understood that "it's no fun to piss off the boss". In China, don't slander your boss. People in officialdom, accompanied by fame, are normal, but serious enough to slander, which was rare in the past. However, in recent years, "libel incidents" related to officials have been staged frequently, which can be roughly divided into three types: slander by subordinates to superiors, slander by peers and "slander" by citizens to officials.

Slander the boss, mostly because of the "seat problem"

Officialdom, it is strange to say that subordinates report to superiors, but it is not new. All you need is motivation and "courage", but what about slandering your superiors? In today's officialdom, such people can't be said to be everywhere, but there are also many. Hu Jianyong, former secretary of Yudu County Party Committee in Jiangxi, is such a person.

Hu Jianyong slandered his superior secretary of Ganzhou Municipal Party Committee and slandered the change of 20 1 1. Instructing the driver Li Xiaohua to spread rumors and attack the then Ganzhou Municipal Party Committee Secretary for unfair employment. As a result, Hu was found to have serious economic problems. He was sentenced to life imprisonment by Ganzhou Intermediate People's Court for corruption and bribery, and the source of huge amounts of property was unknown.

On the surface, this is a personal feud between Hu Jianyong and the then party secretary. It is said that the secretary of the municipal party committee made an unannounced visit to Hu's work and asked his secretary to call him and ask him where he was. Hu Jianyong, who was not at home, lied that he was in the office.

"Well, you can call me back from your office phone right away." When the party secretary found out that Hu Jianyong was lying, he was very angry. In the end, Hu Jianyong was forced to admit that he was in a foreign country, not in the capital. Since then, the two have had a rift in their hearts.

But the real reason is that Hu was not listed as a candidate for the CPC, and he was dissatisfied with others and organizations. This point has been clearly explained in the conclusion given by the Organization Department of Ganzhou Municipal Committee.

Among them, Zhang Jingli, former deputy director of the State Administration of Pharmaceutical Products, is the most famous. He was sentenced to 17, becoming another senior official of drug supervision system after Zheng Xiaoyu. However, Zhang Jingli's accident was a bit strange.

Before the accident, a widely circulated post on the Internet pointed the finger directly at the senior leaders of the State Drug Administration, accusing them of nepotism. A source revealed: "There is a lot of information about the food and drug administration on the Internet, which can only be known internally. Later, I checked the IP address and found that Zhang Jingli appointed his secretary to publish it, and then he began to investigate the matter. " The court finally made a judgment on the crime of accepting bribes, illegal business operation and false accusation and frame-up.

Compared with the above two kinds of officials who instruct drivers or secretaries to slander their superiors, there are also a few "hands-on" people. Yuan Mou, a staff member of Longchuan County Government Office in Guangdong Province, had a complaint with a leader of the county party committee because of his wife's job transfer. He repeatedly published unconfirmed remarks in the People's Daily, slandering city and county leaders for corruption, and was finally severely warned.

Mars, the former channel director of Yunnan TV Station, is "unique". He used his professional knowledge to compile some hearsay rumors of a provincial leader into an article entitled "A provincial leader in Yunnan kept many mistresses because of abuse of power" and published it on an overseas website. Immediately, the net post was reprinted by the original text in China, which had a very bad influence on a leader in Yunnan Province during the transition period and was eventually dismissed from the party and TV station.

Officials dare to "commit crimes below" and vilify superior leaders. Such behavior seems absurd. Investigating their motives is actually nothing more than making profits and venting their anger. Three department-level cadres in Jishan County, Yuncheng City, Shanxi Province were all sentenced for "slandering the county party secretary". Their motivation is to organize an "autumn wind" in the it field, because they are facing changes in their offices.

Internet, tip-off letters and posters are all means. Cai Jinjun, the former Party branch secretary of Gu Hang Village, Qianzhan Town, Huilai County, Guangdong Province, posted posters in the county government, county family planning bureau and other places because his father failed to get a satisfactory position in personnel adjustment, fabricated facts, and personally attacked and slandered the county party secretary. Cai Jinjun also sent 29 tip-offs to provincial and municipal leaders and departments, falsely accusing the county party secretary of corruption and selling officials and titles. In the end, Huilai County People's Court sentenced Cai Jinjun to two years' imprisonment for false accusation and libel.

Defamation is a crime. However, some people have raised questions. Is it because of corruption or because the superior is being investigated? There is even an extreme theory in the workshop: if it is found out, it is a report, and if it is not found out, it is slander. For example, when Guo Guangyun reported Cheng, he was sentenced to two years' reeducation through labor for "slandering the main leaders of the provincial party committee".

"Power Wars" among peers

Some people may say that the intrigue among officials in the transition period has never stopped, especially among officials at the same level, and it is full of power intrigue. Han is an out-and-out loser.

Six years ago, posters appeared in the residence of the 12th party member Congress in Yuncheng County, Shandong Province. Han, deputy secretary of the Party Committee of Yuncheng Town, who will be promoted and reused, is accused of corruption. Soon, the delegates and village cadres attending the meeting, as well as the cadres in the town and even the leaders in the county, received short messages defaming her.

Later, the three local slanderers were all colleagues of Han, but they continued to convey slanderous information to the society. The unbearable Han filed a criminal private prosecution with the court, requesting the people's court to investigate the criminal responsibility of the three people for the crimes of insult and slander. However, the court handled the matter in a disciplinary manner, did not file a case, and did not issue any ruling not to file a case. After many times of defending rights, the court still ruled that the three were not guilty. Six years later, she is still defending her rights.

According to the insider's analysis, because of his excellent work, Han has been rated as an excellent party worker, a model party member and a model civil servant for many times. The motive of these three people's slander is simple, that is, they want to make some small moves in the general election to make their own profits. However, when dealing with this matter locally, the process was not transparent and did not help to clarify the truth.

In addition to Korea's unilateral "hand", there is another slander mode among peers, that is, "venting anger" after loss. Xiong of Meijiang District Bureau of Statistics in Meizhou City, Guangdong Province failed to run for deputy director, so a "eavesdropping storm" was staged. He used transparent glue to stick the recording pen in the gap between the desk and the wall of the director Wen, eavesdropping on Wen's conversation. And issued a statement saying that competitor Li Daode was corrupt, and he was not proper relationship with the director Wen. Finally, the bear was accused of taking revenge and was investigated.

Citizen to Government: "Defamation" is not a crime?

A few years ago, Zhao Junping, a businesswoman in Xifeng county, Liaoning province, was dissatisfied with the compensation for the demolition of a gas station owned by Xifeng county government. In a rage, she fabricated a short message to satirize Zhang Zhiguo, secretary of the county party committee, and was convicted of libel.

If we link the unjust cases of Gaotang in Shandong, Jishan in Shanxi, Pengshui in Chongqing and Zhidan in Shaanxi in the past, people can't help asking, why are grass-roots officials always suffering from unjust cases? Unfortunately, many cases in which people were sentenced to jail for criticizing local officials through texting and posting have been repeated.

Critics believe that on the one hand, they are at the grassroots level and have many opportunities to deal with ordinary people, on the other hand, it is a serious political and ecological problem in the county. In reality, there are still some problems in county-level administrative power, such as "the superior supervision is too far away, the supervision at the same level is too weak, and the supervision at the lower level is too difficult", and the tendency of absolute power is natural.

Observers have analyzed that problem officials often use their public power to characterize citizens' behavior as "seriously endangering social order and national interests" under the guise of cracking down on "defamation", thus controlling and eliminating the spread of unfavorable speech. To this end, citizens who supervise and criticize the government often become victims. This practice not only seriously undermines the construction of the rule of law, but also illegally handles cases driven by power, and even artificially creates false and wrong cases and wantonly infringes on the legitimate rights and interests of citizens.

According to experts, in countries where the rule of law is developed, the government does not have the problem of being "slandered" by citizens, because the image of the government is based on the rule of law and public trust and will not be seriously damaged by citizens' criticism. France deleted the libel clause from the criminal law in the 1960s. These countries no longer protect the right of reputation through criminal legislation, not because they think the right of reputation is unimportant, but because they turn to private law responsibility, which can not only give effective compensation to victims, but also prevent officials from retaliating against critics with public rights to a great extent.

It is worth noting that in April this year, due to the unbearable petitioners Hu Lianyou and Wei's continuous posting on the Internet, Zheng Hanglian, director of the Public Security Bureau of Dong 'an County, Hunan Province, Chen Yiqiang, political commissar of the bureau, and Qing Liangbei, a policeman, respectively sued the above two people in the local court for defamation. In the end, the court supported the claims of three policemen and sentenced the defendant to two years' imprisonment. Commentators pointed out that it is worth encouraging and advocating to solve problems by legal means, but in the face of disputes between officials and the people, officials may wish to be more tolerant and try their best to meet the reasonable demands of the masses in order to enhance their credibility. (This journal is comprehensive)