Man freed after posting 'improper information'
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E-mail China Daily, November 21, 2012
Yang Junxiang, a media officer of Chongqing No 3 Intermediate People's Court, said on Tuesday the panel of three judges rejected Ren's lawsuit because it has exceeded the time limit for filing a lawsuit against an administrative decision, which is required within three months under the country's Administrative Procedure Law.
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Ren Jianyu stands on the doorway of the Chongqing No 3 Intermediate People's Court with his administrative ruling paper on November 20, 2012. [Photo by Qiao Yanjie] |
In a statement released after the court hearing on Tuesday afternoon, the court said: "To carry out the right to protect oneself by filing a case should be abided by law".
The statement also said governmental power should be "used with prudence and in accordance with law, especially when it can lead to depriving a person of their freedom".
The court urged government organs to "moderately tolerate radical and improper remarks", and to correct "any administrative decisions that are tainted with procedural or substantive mistakes", said the statement.
This year, at least three people in Chongqing have been released after receiving an "inappropriate" laojiao decision, said Pu Zhiqiang, Ren's lawyer.
Pu said he doesn't think Ren's case has exceeded the legitimate time limit, since a judicial interpretation of the country's top court has previously not counted the time a person spent in custody as part of the three month time limit.
"But Chongqing judges have made their efforts. Without them, the case cannot be filed and I don't think the laojiao authorities can eventually revoke their decision and free Ren," he said.
Pu said he will help Ren appeal to a higher court and even to the country's top court.
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