Judge protests court axing his wife
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Judge Feng Bin, in his court uniform, with a red judge badge, carried a flyer that said "grievance" in front of a court on Monday to protest his wife's labor right.
The move was the latest in his two-year attempt, so far unsuccessful, to help his "illegally laid-off" wife return to her job by suing her employer - another local court.
![Feng Bin, wearing a judge's uniform and holding a flyer with the Chinese character yuan, meaning 'grievance' in English, quarrels with the guards of Hubei Higher People's Court at the court's front gate on Monday, June 21, 2010. [China Daily]](http://images.china.cn/attachement/jpg/site1007/20100622/0019b93bd68d0d8a529201.jpg "Feng Bin, wearing a judge's uniform and holding a flyer with the Chinese character yuan, meaning 'grievance' in English, quarrels with the guards of Hubei Higher People's Court at the court's front gate on Monday, June 21, 2010. [China Daily]") |
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Feng Bin, wearing a judge's uniform and holding a flyer with the Chinese character yuan, meaning "grievance" in English, quarrels with the guards of Hubei Higher People's Court at the court's front gate on Monday, June 21, 2010. [China Daily] |
He asked the Hubei Higher People's Court in Central China on Monday to accept his lawsuit, but soon was pushed and shoved by three court police officers who turned him and his flyer away.
"Just go. You can't be here," they told him.
Xiaogan Intermediate People's Court sacked Feng's wife, Hu Min, in June 2008 after her 10 years of service as a cleaner there.
The Labor Contract Law, a new law that took effect in 2008 to protect the basic rights and interests of workers, stipulates that employers must sign open-ended contracts with employees with 10 years or more service.
Another 30 people were sacked along with Hu under a Xiaogan city government directive in 2008 to get rid of temporary workers.
However, Hu was the only one - under Feng's instruction - to fight for her rights.
"My wife deserves an open-ended contract with the court according to the law. Government and judicial power should never overweigh laws," Feng told China Daily outside the higher court on Monday.
He sought arbitration in mid-2008. However, the arbitration committee in Xiaogan upheld the court's decision, saying the law had taken effect for just six months and could not count her nine and a half years service as the full 10 years required.
Feng then filed lawsuits against the Xiaogan Intermediate People's Court to other courts in the province but was declined many times.
Realizing "it is hard for a court to try another court," Feng's frustration escalated.
He had a fight with police when protesting in front of the local municipal bureau of labor. He tried to stop the cars of senior government officials and judges to complain, and he even sneaked into the country's top court, the Supreme People's Court, in Beijing to petition.
But the verdicts of two other trials upheld the previous arbitration decision.
Though the verdict asked the Xiaogan Intermediate People's Court to compensate his wife financially, Feng said he will "continue appealing to higher courts if they cannot offer a satisfying answer - an open-ended contract."
However, Wei Junsheng, vice-president of Xiaogan Intermediate People's Court, said Feng is "so stubborn that he lost his reason".
"He refused any mediation. There is no way for his wife to be a permanent employee," Wei told China Daily. "There's no such policy for it. "
Local lawyer Wu Yonghe said Feng is technically right according to articles of the law, but his actions are inappropriate.
"As a judge, he should not wear his judge's uniform while dealing with his personal business," Wu said.
Outside of the higher court on Monday, Feng said he would continue protesting for the sake of "faith in rule of law and fight for the justice".
"Many laborers don't know the laws protecting them or how to fight for their rights. I have to show them an example and to promote the rules of law."
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