October 13 (Gengshen years), November 20, 1980, the Special Tribunal of the Supreme People's Court trial of Jiang Qing counter-revolutionary group.






Supreme People's Court Special Court hearing the Reference, 1980 11 20, 2010, the Supreme People's Court Special Court hearing the trial of Lin Biao and Jiang Qing counter-revolutionary clique case of principal. Previously, the Special Prosecutor's Office of the Supreme People's Procuratorate of the indictment published the full text.
Lin Biao and Jiang Qing counterrevolutionary clique gang crimes since the founding of New China, the heaviest, most intense damage. They to usurp Party usurped country, premeditated framed, the persecution of the party and state leaders, including the President, the chairman of the Standing Committee of the National People's Congress, Premier, General Secretary of the CPC Central Committee. The number of outstanding proletarian revolutionary, in the long-term revolutionary struggle, did not die from enemy prison and gunfire, but was Lin Biao and Jiang Qing gang tortured to death. Their brutal persecution and repression of the cadres and the masses, manufacture countless miscarriage of justice. The pillars of the nation, the national essence is violence, no Gu Zhongliang, countless common people have been implicated. In order to achieve "the chaos to seize power, provoking massive resorting to violence, commanding vandalism caught copied wantonly smashed public security" incitement to destroy the "Great Wall", crazy damage production order, work order and social order, causing chaos throughout the country, the national economy to the brink of collapse. Lin Biao and Jiang Qing counter-revolutionary clique not only their own gang system, but secretly preparing the armed rebel forces. In the conspiracy they Cuandangduoquan successively brought to light after it has instigated an armed rebellion. Lin Biao and the gang of defiance of world opinion, planning the murder of Chairman Mao Zedong. This group of counter-revolutionaries should we finally liberate and unify the motherland, to rejoin the abyss of the dark painful and separatist civil war disaster.
the Special Prosecutor's Office of the Supreme People's Procuratorate of the indictment, as a mountain irrefutable evidence, the complaint, none of the Lin Biao and Jiang Qing and his gang, a piece offense description, Lin Biao, Jiang Qing, a gang is simply not what political views different route error committed , but counter-revolutionary criminal offenders committed bloody crimes of mutilation of thousands of people. Back in August 1966, Liu Shaoqi still served as President and was re-elected as a member of the Standing Committee of the Political Bureau of the CPC Central Committee, Lin Biao directs Leiying Fu Ye Qun find they fabricated framed Shaoqi material dictated to Ray Ray to writing The material given to Lin Biao, batch sent by Lin Biao and Jiang Qing. Completely premeditated framed, Where is the line struggle wrong route? They viciously to cook up charges of Comrade Liu Shaoqi, then organizations brutal political campaigns final devastation lethal. Persecution of Liu Shaoqi, single the Jiang Qing unauthorized detention decision to arrest 11 people, two of whom were tortured to death. They manufactured the case of the Chinese Communist Party (Marxist-Leninist), "insiders Party" case, "Jidong case", "Zhao Jianmin spy case" so many cases of injustice, so that hundreds of thousands of people framed persecution, tens of thousands of people to death. Lin Biao and his gang in order to murder Mao instigated counterrevolutionary armed coup, secretly illegally organized the so-called "joint fleet"; of Zhang Chunqiao order framed persecution of a large number of cadres and the masses, established in Shanghai and by commanding the "tour Xuetao group", specializing in the track stalking, kidnapping, confiscation of goods, imprisonment, secret torture and gather intelligence fascist spy activities. These fully prove this gang of Lin Biao and Jiang Qing counter-revolutionary conspirators, careerist, and all of their criminal activities, are for one purpose, usurped Party usurped the country. The (lssjt.cn)
trials Lin Jiang, legal issues of the case of a counter-revolutionary group, famous jurist, vice president of the Chinese Academy of Social Sciences, said Zhang Youyu, on the question of applicable law, China's "Criminal Law" Article 9 provisions : "After the founding of the People's Republic of implementation of this Act the previous behavior, if the prevailing laws, decrees, policies do not think that is a crime, applicable prevailing laws, decrees, and policies. If the prevailing laws, decrees, policy that is a crime, in accordance with the provisions of Article IV of the General Section VIII to prosecution, in accordance with the prevailing laws, decrees, policies, be held criminally responsible. However, if this Act is not considered a crime or a lighter punishment, this Law shall apply. "
In accordance with the provisions of this article, the retroactive effect of the law, you can have the following situations: after the founding of the People's Republic of China," Criminal Law "and before the entry into force of acts, then laws, decrees, policies considered to be a crime, and Criminal considered a crime, is applicable to the prevailing law, statutes, policies, the Criminal Code does not have retroactive effect; prevailing laws, decrees, policies be considered a crime, the Criminal Code is also considered a crime and should be prosecuted in accordance with the law at that time, the Act, the policy be held criminally responsible, "Criminal Law" does not have retroactive effect; prevailing laws, decrees, policies that crime or heavier punishment, while the Penal Code do not think that is a crime or that a crime but a lighter punishment, the application of the Criminal Code, in this case, "the Criminal Code have retroactive effect. Jiang Qing, 10 principal offender committed the crimes, the Special Prosecutor's Office for
Supreme People's Procuratorate indictment identified both in accordance with their criminal behavior, laws, decrees, policies, or in accordance with the current laws, decrees, policies that a crime. For example, they committed counterrevolutionary crimes, (lssdjt.cn) both in accordance with the the "punishing counter-revolutionary Ordinance enacted in 1951, or in accordance with the Criminal Law enacted in 1979" be considered a crime. Another example, in 1953 approved by the Government Administration Council Administrative Conference has the force of law, "the second session of the National Judicial Conference Resolution provides for" deliberately framed the bad elements of the good guys, or relying too retaliation to the defendant to major damage false accusations elements "in the law" should be investigated ";" counterrevolutionaries deliberately created the false cases framed good ...... must legally handed over to the authorities, the most serious and is punishable by death. " The fourth meeting of the National People's Congress decided in 1957, to be examined and revised by the Standing Committee in accordance with the views of the representatives, the pilot as the publication of the draft, the courts at all levels as to decide cases based on actual draft penal code section 22 the provisions of the draft, the conspiracy the crime of secession to subvert the government, led or instigated the armed forces of the mutineers, the death penalty or life imprisonment. This shows that the indictment of the Special Prosecutor's Office identified 10 main culprit guilty of some subversion of the government, secession, armed rebellion, sin counterrevolutionary murder, wounding, counter-revolutionary crime of false accusation, organizing and leading a counterrevolutionary group crime, counter-revolutionary propaganda all the charges of sedition, Offense, illegal detention, regardless of the prevailing laws, decrees, policies, or the "Criminal Law be considered a crime.
"Article 9 of the Penal Code, which provides for the principle of the old and the new method compared with" lighter ". Compared with the "Criminal Law" with the prevailing laws, decrees, policies, the same crime, the former a sentence generally higher than the latter as the most important. The sentence "Bill" Almost every provide for the death penalty; while the counter-revolutionary crimes provisions of the chapter of the Penal Code, the death penalty less. For example, a conspiracy to subvert the government, the offense of secession, the draft penal code in 1957 the first 22 draft provides the death penalty or life imprisonment; instigated the ringleaders of the armed rebellion, "Punishment of the counter-revolutionary Ordinance provides that" the death penalty or life imprisonment . " "Criminal Law" stipulates that both crimes "shall be sentenced to life imprisonment or 10 years in prison." "Particularly serious countries and peoples hazards, the circumstances are particularly bad, can be sentenced to death". This shows that the application of the Criminal Code in line with the lighter punishment, both in line in the jurisprudence and legal basis. (L $ dj��.��r��)
should be noted that the new law with retroactive effect, lighter than the old law is not the creation of our country, and the international general practice. A person with knowledge of the law on this point is very clear. Jiang Qing counter-revolutionary clique
10 main culprit escorted on historical trial desk
with the defendant Jiang Qing Zhang, Yao Wenyuan, Wang Hongwen, Chen Boda, Huang Yongsheng, Wu Faxian, Li Zuopeng, Qiu, Jiang Tengjiao. the pending judgment the
dock Jiang Qing
defendant Zhang Chunqiao