【新唐人2014年08月26日讯】中国大陆财新记者陈宝成，因为去年在山东平度老家的拆迁过程中，维护强拆户的权利，与其他7位村民一起，被警方“以涉嫌非法拘禁罪”刑事拘留。日前，陈宝成收到山东检方的不起诉决定书。再次引发公众关注。
8月25号，大陆媒体报导说，去年8月10号，记者陈宝成，在山东平度老家拆迁过程中，因涉嫌拘禁挖掘机司机，与其他7名村民被刑拘。此后，陈宝成一直被关押在平度市看守所。这一年多来，平度市检察院3次延长审查起诉期限。
今年5月12号，青岛市检察院指定市北区检察院审查起诉陈宝成案，检方又一次延长审查起诉期限。直到6月25号，陈宝成被取保候审。据陈宝成妻子说，他已经回到原单位工作。
8月23号，陈宝成收到检方的“不起诉决定书”。检方指称，陈宝成因“犯罪情节轻微”，并且“已经获得被害人谅解”，根据相关规定，不需要判处刑罚，其他7人也同样不被起诉。
山东律师刘卫国指出，陈宝成本来就无罪，有罪的应该是那些违法强拆的人，现在当地放人，是众多网友和多位律师努力营救的结果。
山东律师刘卫国：“光我们山东的律师就7、8个，因为现在全国这种恶性强拆的事件非常严重，公民的基本财产权利得不到保障。在陈宝成被抓之前，他一直在打报警电话，警察不出警。有人说这是故意给他设了个套，我认为不排除这种可能性。”
去年7月份，陈宝成父母家所在的山东平度金钩子村，部分村民的住宅遭强行拆除，无家可归。陈宝成回到家乡，和村民一起抗议强拆，期间他曾用肉体抵挡挖掘机，还曾被殴打，“被车祸”。
去年8月10号上午，陈宝成发微博说，8月9号，金钩子村民将一名驾驶挖掘车司机扣留。他说，这名被扣留司机是“涉嫌参与7月4号破坏公民私人财物罪的犯罪嫌疑人”。他还披露，挖掘机下午又要开始挖，遭村民阻拦，并喷上汽油，他报警数次，但公安一直不出警。
第二天，平度警方就以“涉嫌非法拘禁罪”把陈宝成和村民陈淑训、陈利利、潘学娥等7人刑拘。
他们被捕后，山东当地与中国各地律师组成了14人律师团。陈宝成的辩护律师李会清曾告诉海外媒体，陈宝成说，司机开始是被强行扣留，后来是自愿留下，而且村民们也没虐待司机。
去年9月13号，陈宝成被正式逮捕。当时，中国法学界、律师界纷纷声援，据报导，当时曾有记者、律师等100多人赶到平度声援。
代理律师迟夙生指出，陈宝成及其他村民留下涉嫌强拆房屋的司机，而且期间多次报案，这不能算是非法拘禁，不构成犯罪。
大陆律师迟夙生：“我感觉到，如果在中国作为一个媒体记者，他自己的家里的权利都不能够维护得了，那么其他普通老百姓找媒体、找记者，那就根本没有意义了。”
陈宝成8月21号，在微博上发文说：“从今天起，不再相信中国有法治，也不再相信中国未来会有法治。”
原《陕西电视台》记者马晓明：“在中共的一党独裁之下，根本不可能有法制，你说是党的权力大还是法律的力量大？所以在这个专制体制下，根本谈不上能有法制。仅就掠夺地皮、强拆，掠夺人民的这些资产，这一点上讲，中共是罪恶累累啊。人民的冤屈，人民的血泪流成河啦。”
马晓明说，大家也都看到了，血腥强拆的场景多年来在中国各地此起彼伏，因抗拒强拆自焚、被殴打、被轧死、被关押情况比比皆是。
今年3月21号，山东平度还发现了一起，护地村民为抵制暴力征地被村官勾结开发商泼汽油放火焚烧，造成1死3伤的惨剧，事发后，当地更是有200名防暴警察深夜持盾牌、警棍进村抢尸体，多名村民被打伤。
记者编辑/李韵 后制/陈建铭
Reporter Chen Baocheng’s Freedom A Result Of Joint Efforts By Lawyers and Citizens
Chinese mainland Caixin correspondent Chen Baocheng
was once again detained with seven other villagers
on suspicion of false imprisonment.
He defended household rights during demolition processes
in Pingdu city Shandong province, last year.
Recently, Chen Baocheng’s case attracted public attention
because the prosecution decided not to pursue charges.
On Aug. 25, mainland media reported that last Aug. 10,
reporter Chen Baocheng was detained with seven other
villagers on suspicion of holding an excavator against his
will during a demolition process in his hometown of Pingdu.
Chen Baocheng has since been held in Pingdu detention
center.
Pingdu Procuratorate extended its review time
for the indictment three times in more than a year.
On May 12, the Qingdao Procuratorate specified that North
Procuratorate would review the Chen Baocheng case;
The prosecution once again extended the review time
until June 25, when Chen Baocheng was released on bail.
His wife revealed that he has returned to work.
On Aug. 23 the prosecutor decided that Chen Baocheng
and the seven others would not be prosecuted.
Their minor crimes have been forgiven by the victims.
According to related regulations, they won’t be punished.
Shandong lawyer Liu Weiguo asserted that Chen Baocheng
is not guilty;
The guilty are those who performed the illegal demolition.
Chen’s release is the result of the hard work
by many citizens and lawyers.
Shandong lawyer Liu Weiguo: “There are seven or eight
lawyers from Shandong.
Such vicious demolitions, which violate citizen’s property
rights, are very serious in China.
Before Chen Baocheng was arrested, he contacted
police, who were unresponsive.
I won’t exclude the possibility that someone
deliberately set a trap for him."
Last July, some villagers were forcibly removed
from their houses.
They were left homeless in Jingouzi, Chen Baocheng’s
parents’ village.
Chen Baocheng protested the demolitions along
with villagers after he returned home.
During the protest, he physically resisted the excavator
and was beaten.
On the morning Aug. 10, Chen Baocheng posted on his
microblog that Jingouzi villagers held an excavator
on Aug. 9.
He said the detained driver was suspected
of destroying private property on July 4.
He disclosed that the excavator resumed digging
in the afternoon.
Villagers blocked him by spraying gasoline at him.
Chen called the police several times,
but they did not respond.
The following day, Pingdu security station detained
seven people including Chen Baocheng, Chen Shuxun,
Chen Lili and Pan Xuee on suspicion of false imprisonment.
A group of 14 lawyers including Shandong
and national lawyers formed a team after their arrest.
Chen Baocheng’s lawyer Li Huiqing told foreign media
that Chen stated the driver was held at the start
of the incident, but voluntarily remained at the scene
afterward.
Villagers did not abuse him.
Last Sept. 13, Chen Baocheng was formally arrested.
At that time, Chinese legal experts supported him.
According to reports, over 100 people including reporters
and lawyers rushed to Pingdu in solidarity.
Attorney Chi Susheng pointed out that Chen Baosheng
and the other villagers repeatedly attempted to report
the driver while holding him, which cannot be considered
unlawful imprisonment and does not constitute a crime.
Chi Susheng: “If even a reporter can’t maintain his own rights
in China, it will be useless to report such events to the media."
On Aug. 21, Chen Baocheng issued the following post
on his microblog: “From today, no longer believe that China
has the rule of law in mind and no longer believe that China
will use the law in the future."
Former Shanxi TV reporter Ma Xiaoming: “Under the CCP’s
one-party dictatorship, there will be no law.
How can you tell which is more powerful,
the party or the law?
There is no law under the authoritarian system.
The Chinese Communist Party (CCP) has committed
a long list of crimes including plundering land, demolitions,
and snatching people’s assets.
People’s grievances, tears and blood are like a river."
Ma Xiaoming said bloody demolitions have taken place
all over the country over the years.
The self-immolation, the beaten people, the fatalities
due to crushings and detention due to resistance
to demolitions are everywhere.
On March 21 another incident took place in Pingdu
of Shandong Province.
The villagers who resisted violent land acquisition
were sprayed with gas and fired upon by village officials
who were in collusion with developers, resulting in one
fatality and three injuries.
Following that, 200 riot police looted corpses late at night.
Police, armed with shields and batons, injured many villagers.
Interview & Edit/LiYun Post-Production/Chen Jianming
