【禁闻】最高法院违法 未回复选举违宪诉讼

【新唐人2013年03月27日讯】最高法院违法未回复选举违宪诉讼

向大陆最高法院提出“全国人大正、副委员长选举违宪无效”诉讼的杭州律师王成,3月26号表示,最高法院并未在法定回复截止日,依法对诉讼案给予回复。

王成告诉“英国广播公司”《BBC》中文网,他会在大陆现行法律架构下,继续向最高法院、和最高检察院或全国人大抗争,但目前还没有一个成形的方案。

王成3月18号向大陆最高法院提起诉讼,指出张德江当选全国人大委员长,和王胜俊、张平、陈竺、万鄂湘、王晨5人当选人大副委员长时,都仍担任机关职务,违反大陆宪法规定,当选无效,应重新选举。

王成透露,大陆最高法院19号已签收他的诉讼文件,按大陆法律规定,最高法院应在7天内做出是否受理此案的决定。结果最高法院违法,并未做出任何答复。

而王成在互联网上的微博账号,现在也都遭到关闭。

国保叫停NGO会议 苏州酒店被判违约

3月25号,南京一民间公益组织收到了法院判决胜诉的一审判决书。这是中国大陆的公益机构所获得的第一份胜诉判决。被告的江苏苏州“莫泰酒店公司”因违反合约,应赔偿违约金21,750元,并返还定金5,000元。

2012年4月底,南京民间组织“天下公文化传播有限公司”为举办有关“爱滋病、生理缺陷患者及妇女平权”等议题的法律研讨交流活动,与当地“莫泰酒店”签署了25套客房的预订合同,但酒店在“天下公”工作人员入住之后,却提出悔约,“天下公”组织因此将酒店告上法庭。

酒店在递交给法庭的答辩状中解释说,酒店接到警方的紧急通知说,“天下公”将召集的会议有“严重问题”,要求立即停止对“天下公”的接待。酒店认为,他们违反合同的行为属“不可抗力”,不应承担责任。

《法国国际广播电台》引述律师庄成林的建议说,酒店可向当地警方要求国家赔偿。

南方报业送报员罢工讨薪

经常报导大陆民工讨薪的《南方周末》所属的《南方》报业集团,最近自身面对讨薪风波。

据了解,到3月26号,《南方》报业集团的送报员已经连续五天罢工示威,要求发放积欠他们的薪资,也要求增加薪水。

罢工者们身穿送报员的蓝色制服,将载满报纸的自行车停放在《南方》报业集团的大门外,展开静坐抗议行动,他们拉出的横幅上面写着“还我血汗钱”“不做二等员工”等。

湖南上千军转干部上访不获理会

3月26号上午,湖南大约上千名从排级到副师级的军转干部,冒雨从长沙市军转干部培训中心出发,步行大约3公里,到省委信访中心,要求落实他们的“干部身份,政治和生活待遇”问题。

当局没有理会他们的诉求,只派出一名信访局的局长接受他们的信件。参与上访的人士在省委门口静坐示威五小时后,自行离开,沿途有警察维持秩序。

编辑/周玉林

Supreme Court Unlawfully Fails to Respond to Lawsuit of Unconstitutional Election

Hanzhou lawyer Wang Cheng recently proceeded
with a lawsuit against the Chairmen of the National
People’s Congress (NPC) Standing Committee.
This lawsuit was for cheating in the election.

On March 26, Wang said that the Supreme Court didn’t
reply to him within a valid period, according to law.

Wang told the BBC (Chinese version website)

that he will continue to appeal to the supreme
court, or the NPC, under the current Constitution.
He said that no final plan has been made yet.

On March 18, Wang proceeded
with a lawsuit to the supreme count.
Wang pointed out that Zhang Dejiang, Chairman of NPC
Standing Committee, and five other Vice Chairmen were
serving in governmental organs while elections took place.
This is against the Constitution, and thus the
election should be invalid, and in need of re-election.

Wang revealed that the court
has signed his lawsuit document.
They should respond within 7 days, to
confirm whether or not they accept the case.
However, the court has not replied.

Meanwhile, Wang’s microblog
account has been closed.

National Security Personnel Forces Motel to Cancel Contract to Stop NGO Meeting

On March 25, a charity organization in Nanjing received
a court verdict, saying they won their court case.
This is the first case that an
NGO has won in Mainland China.
The Defendant, ‘Motel Hotel’ in Jiangsu
Province, breached a contract, and will
pay out RMB 21,750 yuan (US$ 3,500).
They will also return the deposit of 5,000 yuan (US$ 805).

At the end of April 2012, a Nanjing NGO planned
to hold forum about “AIDS, Disability and Women”.
It was to discuss legal issues, and they reserved
25 rooms and signed a contract with the Motel.
However, after the NGO attendees checked in, the Motel
breached the contract. The Nanjing NGO sued the Motel.

The Motel submitted a document to the court.

It explained that they received the police’s emergency
notice, saying there is a “serious problem” with the meeting.
They made a request to the hotel to cancel the rooms.

The Motel insisted that they have no choice but to cancel
the contract, thus they shouldn’t take responsibility.

Radio France Internationale cited lawyer Zhuang Chenglin.

The Motel shall request local police to claim
the compensation from the government for him.

Southern Weekly Newspaper Delivery Workers Protest

The Southern Weekly newspaper frequently reports on
migrant worker protests against non payment of wages.
Recently, the newspaper has faced
non-payment protests from their own staff.

Sources said that on March 26, newspaper delivery workers
of the Southern Weekly had been on strike for 5 days.
The protesters requested for payment of wages that
were still owed, and also demanded an increase in salary.

The protesters wore blue uniforms, and bikes fully loaded
with newspapers were left outside the main entrance.
The workers sat on the ground in protest.

They held banners saying: “Return My Money”
and “No Second-Class Employees.”

Former Military Cadres Protest in Hunan

On March 26, over a thousand former military
cadres walked 3km in the rain in Changsha City.
This was in order to appeal to the provincial complaint centre.

They requested the carrying out of their cadres’
identification policies, and political and living conditions.

The authorities ignored their demands, and only sent the
director of the complaint bureau to receive the petition letter.
The protesters sat in front of the provincial
government building. Five hours later, they left.
The police escorted them away.

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