[6] Part Three: Lawyer's Rights Defense Bravely Challenges the Legal Affairs Office

7. Retrial Turning Point

At noon on July 9, 2014, lead attorney Wang Tengfeng, accompanied by his law firm partner Zhang Yong and intern lawyer Li Lulu, drove to the Guangdong Provincial High People's Court at No. 9, Yuancun First Cross Road, Tianhe District, Guangzhou, to attend the retrial hearing organized by the high court. More than three years had passed since the dispute erupted on April 14, 2011. For attorney Wang Tengfeng, victory or defeat had long ceased to matter; his persistence in applying for retrial was more a pursuit of the spirit of the rule of law and a demonstration of a legal professional's proper attitude toward rights. It was the season when the Brazil World Cup fever swept the globe, and the casual chatter and laughter along the way made the trip light and pleasant. But once inside the courtroom, Wang Tengfeng immediately turned serious, assuming the posture of a rights warrior.

The retrial hearing was presided over by Judge Huang Qiusheng of the Guangdong Provincial High Court, with clerk Peng Qun taking notes. The entire procedure was similar to a formal trial. Agents from the Shenzhen Municipal Government Legal Affairs Office and Southern Daily also attended in full. All parties presented facts, reasoned, and fully expressed their views and positions. Attorneys Wang Tengfeng and Zhang Yong worked in tandem, drawing on their meticulous preparation to re-examine the case facts and legal basis, presenting the rights holder's claims and demands more forcefully to the high court judges, earning their understanding and approval. The main opinions expressed by the two attorneys during the hearing are summarized as follows:

　　1. Three Errors of Southern Daily:

2. 1. The Southern Daily reporter misidentified the interviewee (the applicant for retrial) and used an online "clickbait" approach by designing the interview headline as "Shenzhen Municipal Government Legal Advisor: The 'Sea Palace' Case May Be Winnable," which contained elements of sensationalism and violated the journalistic ethics that serious media should uphold. Although the newspaper layout did not highlight the identity of "Shenzhen Municipal Government Legal Advisor," this headline, when reproduced by online media and captured by search engines in relevant results, combined the originally small-font "lead-in" of "Shenzhen Municipal Government Legal Advisor" with "'Sea Palace' Case May Be Winnable" into a complete headline, with the former placed in a more prominent position. This conveyed to ordinary readers and media audiences with general reasoning abilities the erroneous message that "even the government's own legal advisor believes the government's administrative enforcement is wrong." Against the backdrop of the "Sea Palace" incident drawing nationwide attention and Shenzhen government departments being at the center of public opinion, such erroneous information inevitably created a sensational effect. This is the first error of Southern Daily!

3. 2. Southern Daily's editorial review was lax. Under normal circumstances, a government's legal advisor should speak for the government and would not easily make statements unfavorable to the government at a highly sensitive time. However, Southern Daily's editorial team failed to rigorously review the above headline, which clearly defied common sense, and did not follow the cautious principles that news media should adhere to when handling sensitive news by reconfirming with the interviewee or seeking their input before publication. Instead, they recklessly published this report containing erroneous information and sensationalism, which then spread widely online, causing adverse consequences. This is the second error of Southern Daily!

4. 3. After the interviewee and the Shenzhen Municipal Government Legal Affairs Office pointed out the errors in the above report, instead of following the standard practice of correcting reporting errors—i.e., having the newspaper publish a "correction statement" in an appropriate section to rectify the mistake and apologize to readers and affected parties—Southern Daily, as an independent legal entity with its own will and a serious media outlet bearing the sacred duty of public opinion oversight over governments at all levels, succumbed to the pressure and improper demands of the Shenzhen Municipal Government Legal Affairs Office, despite knowing it would lead to severe infringement consequences. They adopted a follow-up news report format, using a headline and layout that prominently highlighted the information "Wang Tengfeng is not a government legal advisor." After this headline was widely reproduced by online media and captured by search engines, it appeared alongside the earlier headline "Shenzhen Municipal Government Legal Advisor: 'Sea Palace' Case May Be Winnable" in relevant search results, clearly conveying to readers and media audiences the erroneous and defamatory message that "Wang Tengfeng is a liar," resulting in severe infringement consequences. Southern Daily's repeated errors are unforgivable!

2. The Serious Faults of the Legal Affairs Office of the Shenzhen Municipal Government

Initially, after seeing the newspaper report titled "Shenzhen Municipal Government Legal Counsel: The 'Sea Palace' Case May Be Winnable" and the distortion and amplification effects caused by online reprints and dissemination, the Legal Affairs Office verified the interviewee's identity information in a timely manner and requested the newspaper to make corrections. This was a normal reaction by a government department to actively protect its own interests and image, and was not inherently blameworthy. However, after the newspaper repeatedly explained that the error was due to negligence by journalists and editors, and especially after Attorney Wang Tengfeng personally communicated and negotiated with the relevant person in charge of the Legal Affairs Office, the office stubbornly insisted that the Southern Daily publish a so-called "Response from the Legal Affairs Office Spokesperson" according to the content and format they provided, rather than requiring the newspaper to publish a "Correction Statement" in the normal way to rectify its mistake. Moreover, by using the headline "Wang Tengfeng Is Not a Government Legal Counsel," they directly targeted the innocent Attorney Wang Tengfeng, leading readers and media audiences with normal reasoning abilities to mistakenly conclude that "Wang Tengfeng is a fraud," directly causing serious infringement consequences. Considering the background of the "Sea Palace" incident and the fact that Attorney Wang Tengfeng expressed legal opinions unfavorable to the government, it is not difficult to see that the Legal Affairs Office had a clear motive to suppress and retaliate against those who dared to challenge the government's illegal administrative actions. Furthermore, they employed very low-level and even despicable tactics: unable to directly refute Attorney Wang Tengfeng's unfavorable views, they attempted to undermine the credibility and authority of his opinions by deliberately disparaging his identity and character, thereby saving face for the government. The Legal Affairs Office's actions appeared to be fulfilling their duties and stating facts, but in reality, they were deliberately defaming Attorney Wang Tengfeng's character and reputation. It can be said that the Legal Affairs Office of the Shenzhen Municipal Government not only committed faults but also engaged in intentional and malicious infringement. It must be emphasized that as the competent authority for legal affairs of the Shenzhen Municipal Government, the Legal Affairs Office's actions run counter to the principles of building a rule-of-law country and government. To protect the government's face, they trampled on and violated citizens' fundamental rights. This infringement by the Shenzhen Municipal Government Legal Affairs Office is low-level in means, harmful in impact, severe in consequences, and unforgivable.

III. The facts of infringement and the resulting damages in this case are undeniable.

To correctly determine the facts of infringement and the resulting damages in this case, it is essential to have an accurate understanding of the patterns of information dissemination under modern information network conditions. In today's internet era, where information is abundant but attention is extremely scarce, a style known as "clickbait" has become popular online to attract eyeballs and compete for limited attention. This media style uses sensational or even fact-distorting headlines to draw readers or audiences. Most readers and audiences primarily obtain information by browsing news headlines, with few having enough time, patience, or focus to read entire online articles to grasp objective and comprehensive information. The headlines of the two reports—"Shenzhen Municipal Government Legal Advisor: The 'Sea Palace' Case May Be Winnable" and "Shenzhen Municipal Government Legal Affairs Office Spokesperson Responds to 'Sea Palace' Report: Wang Tengfeng Is Not a Government Legal Advisor"—directly convey defamatory information to the majority of readers who only skim headlines, suggesting that "Wang Tengfeng is a fake impostor." After being reposted and widely disseminated by various websites, this inevitably causes serious damage to the reputation of Wang Tengfeng, a highly renowned and excellent lawyer, leading to a decline in public evaluation of him. Such damage is objectively present and is not merely Wang Tengfeng's subjective perception. The Shenzhen Intermediate People's Court's final judgment's reference to "sense of honor" not only disregards the objective facts reflected in the case evidence but also distorts the civil law theory regarding external reputation and internal reputation (sense of honor). Infringement of internal reputation (sense of honor) is generally limited to situations where the allegedly infringing words or actions have not been widely disseminated, thus not leading to a significant decline in the victim's social evaluation. However, in this case, the infringing statements by the Shenzhen Municipal Government Legal Affairs Office and Southern Daily have been widely disseminated through newspapers and the internet. Moreover, because they are linked to the "Sea Palace" incident, which was a widely followed news topic at the time, they inevitably attracted extensive public attention, causing serious damage to Wang Tengfeng's external reputation. This is an indisputable fact. Even considering only the damage to Wang Tengfeng's internal reputation (sense of honor), given the malicious infringement by the Legal Affairs Office despite Wang Tengfeng's repeated explanations and negotiations, and the severe harm to his personal dignity, inner peace, and mental health, according to civil law theory, the infringers should be subject to legal sanctions for violating Wang Tengfeng's general personality rights and right to health.

IV. Correcting the errors in this case is of great significance for purifying the public opinion environment and building a law-based government.

This case is not an ordinary civil infringement case. Among the two infringers involved, Southern Daily is a serious media outlet bearing significant social responsibility in promoting the rule of law and supervising the government through public opinion. Meanwhile, the Shenzhen Municipal Government Legal Affairs Office, as the department responsible for legal affairs under the Shenzhen municipal government, has an undeniable duty to ensure that government departments act in accordance with the law and protect citizens' legitimate rights and interests. Correcting the erroneous judgment of the Shenzhen Intermediate People's Court through retrial procedures and imposing necessary sanctions on the civil infringement actions of these two special entities, particularly the malicious infringement by the Shenzhen Municipal Government Legal Affairs Office, is of great significance for building a law-based country and government, as well as for protecting and respecting human rights. Especially against the backdrop of the current vigorous and widespread implementation of the Party's mass line education and practice activities by Party and government organs at all levels, the attitude of the Shenzhen Legal Affairs Office, as reflected in the infringement facts of this case—intolerant of any questioning or opposition from the public and prone to suppressing citizens under any pretext—appears particularly out of place and repugnant. It must receive a negative legal evaluation and necessary sanctions. We hereby request the Guangdong High People's Court to initiate civil retrial procedures in accordance with the law, correct the erroneous judgment of the lower court, and grant the applicant justice while delivering fairness to society.

At the conclusion of the hearing, Wang Tengfeng, a lawyer with 30 years of practice experience and exceptional insight, had already sensed from the presiding judge's brief remarks that the merits of the case had been clearly recognized, and that justice and fairness were within reach! Indeed, shortly after the hearing, Judge Huang contacted Wang Tengfeng by phone to relay relatively positive feedback, indicating that the High Court believed the actions of the Shenzhen Municipal Government Legal Affairs Office and Southern Daily were indeed inappropriate. The judge also proposed that the High Court first organize mediation among the three parties before considering whether to initiate retrial proceedings. Wang Tengfeng agreed to the High Court judge's suggestion with principles and boundaries. Below is an email sent by Wang Tengfeng through his representative, Lawyer Zhang Yong, to the High Court judge, which demonstrates Wang Tengfeng's sincerity in cooperating with the mediation and, more importantly, his determination to uphold the fundamental principles and boundaries of a legal professional.

Email content from July 17:

Judge Huang, Clerk Peng: Wang Tengfeng himself still hopes that the Legal Affairs Office of Shenzhen Municipal Government and Nanfang Daily can publish an apology in the newspaper. If the other party cannot accept this, to cooperate with the judge's mediation efforts, he also agrees to have Nanfang Daily's Shenzhen edition publish a positive report about Attorney Wang Tengfeng as an alternative form of appeasement. We have prepared the relevant themes and materials for the report, as shown in the attachment. Please consult with Nanfang Daily on this and appropriately conduct mediation with the other party. Thank you!

Content of the email dated August 7:

Judge Huang, Clerk Peng: The positive report materials about Attorney Wang Tengfeng provided last time used the amendment of the Administrative Procedure Law as an entry point, and the content was originally very neutral. It is truly incomprehensible that Nanfang Daily rejected it. If they find the length too long, it can be appropriately shortened and condensed according to their newspaper's publication needs. This makes one doubt their sincerity in reaching a settlement. This time, we are providing materials related to current hot topics that only briefly mention Attorney Wang Tengfeng in a positive light. Nanfang Daily could publish this in the form of reader letters reflecting public voices. This is already very considerate of them. If they still cannot accept it, we have no other choice and will continue to insist that the Legal Affairs Office of Shenzhen Municipal Government and Nanfang Daily formally apologize in the newspaper. They were indeed wrong from the start. Is it really that difficult to apologize? Attorney Wang Tengfeng stated that the authority of the rule of law must be used to deal with powerful infringers like the government and the media, and one cannot simply accommodate them. If the court litigation path cannot protect rights, Attorney Wang Tengfeng will continue to appeal and petition. He will not easily give up against such improper practices of officials bullying the people and power oppressing others. Please, judges of the Guangdong Provincial High Court, uphold justice and handle this case properly and fairly. Thank you!

Content of the email dated August 13:

Judge Huang, Clerk Peng: Hello! Sorry to bother you. It's hard to reach you by phone, so I'm sending this email. How is the mediation progress in the case mentioned in the subject? Wang Tengfeng himself wishes to convey the following to the presiding judge for consideration: If mediation is difficult, there's no need to force it. In fact, a final mediation in this case would be meaningless for the parties involved, for society, and for the rule of law. The country is now promoting judicial reform, and the Central Committee's plenary session in the second half of the year will specifically study the rule of law. The macro trend is to increasingly emphasize the role of the rule of law, with its core being to establish the authority of law and justice across society. I earnestly request that the retrial procedure be initiated according to law, using judicial authority to encourage powerful entities like the media and government to respect the law and rights, truly advancing the cause of the rule of law. Thank you!

Shortly after the 2014 National Day holiday, Attorney Wang Tengfeng received the "Civil Ruling (2014) Yue Gao Fa Min Yi Shen Zi No. 625" from the Guangdong Provincial High People's Court (Figures 121, 122, 123), learning that the High Court would initiate a retrial by way of trial de novo. Attorney Wang Tengfeng immediately shared the news with all colleagues at the law firm, and the joy far exceeded winning a case that could bring in substantial legal fees! Why such happiness? In Attorney Wang Tengfeng's own words: "This once again proves that justice is inviolable and will never be absent! Justice requires perseverance, and perseverance will eventually see the light!"

As is well known, in today's world where the national economy is continuously developing and social conflicts are becoming increasingly acute, among the countless disputes of all kinds, there are always a considerable number involving ordinary citizens and government departments in highly unequal positions. For Wang Tengfeng, a lawyer of humble origins, to engage in a legal battle over rights and interests with the prestigious and powerful Shenzhen municipal government, and ultimately receive justice and see the dawn of victory, is truly difficult! How many among the masses can persist so unyieldingly in a rights struggle against the government? How many can witness the dawn of justice? The "appeals" of countless common people are like scraps of paper blown into the wind, like raindrops falling into the sea, vanishing without a trace, rarely seeing a revival or a day of justice. Wang Tengfeng's fight for rights is worthwhile, not only proving his tenacious spirit and litigation skills but also demonstrating that China's rule of law is ultimately progressing and developing. Facing Wang Tengfeng, a professional litigation lawyer who has been on the front lines of legal practice for thirty years, countless media professionals, peers, or old friends have felt puzzled. They often ask: Facing a legal environment that is less than satisfactory, with frequent human obstacles in the process of upholding legal justice, and all kinds of hardships, do you feel tired? Bitter? Disappointed? Discouraged? Why do you always appear relaxed, energetic, confident, and happy? And at over fifty years old, after years of high-intensity labor without rest, how do you still look so young with a full head of black hair? It was a friend who truly understands Lawyer Wang Tengfeng who inadvertently revealed the secret: Lawyer Wang Tengfeng's state must be because he loves the legal profession and enjoys litigation work, finding joy in it and forgetting the approach of old age! Indeed, while collecting and preparing materials for this book, I came across a short essay written by Lawyer Wang Tengfeng in 2010 titled "Reflections on Twenty-Five Years of Legal Practice," which is recorded as follows:

Time flies like a shuttle, and days pass like arrows. In the blink of an eye, I have been practicing law for twenty-five years. Looking back on the eventful years and the uneven journey, emotions fill my heart.

Twenty-five years ago, I resolutely chose the legal profession from among the public security, procuratorial, and judicial systems. With reverence for the spirit of justice embodied by Shi Yang and Lu Xun, I began my legal career unsteadily. Once a "newborn calf," I am now a seasoned lawyer. Over these twenty-five years, I have upheld integrity, embraced passion, and honed solid skills. Starting in 1985 in my hometown of Tongling in southern Anhui, I entered the legal profession, handling the first local case of defamation arising from sexual harassment and the first case of a fisherman suing the county government over administrative penalties. By 1995, I came to Shenzhen to practice, handling the first national case of consumer rights infringement involving fake lottery tickets and the first case of false advertising fraud involving the magazine "Harvest" after Ba Jin's death. Through thousands of legal cases, I have developed a complete set of proficient legal skills. I have also trained interns, helping to produce a hundred new lawyers. Over twenty-five years, I have dealt with countless legal issues, witnessed too many life changes, experienced many confusions and hardships, and achieved some successes. What has changed are countless people and things; what remains unchanged is my eternal dedication to my profession! Often over tea or after meals, chatting with friends, or in media interviews, or even in exchanges with peers and apprentices, I always exude a sense of professional achievement, industry pride, and career honor as a practicing lawyer—an irreplaceable high-level spiritual enjoyment and elevated spiritual pleasure! Although I do not possess the vast wealth that most people assume, I have the immense spiritual wealth that only a few possess!

Looking back, as a professional lawyer with qualified skills and moral integrity, I am proud and honored! Looking forward, as a good lawyer for the people, upholding fairness and justice and promoting the progress of the rule of law, I strive and fight!

This short essay of a few hundred words provides ample answers: Wang Tengfeng's career and life, in summary, are almost born for the law and live for litigation. As Lawyer Wang Tengfeng often proudly declares: I am a professional lawyer, just like a professional athlete, actor, or revolutionary. I not only treat being a lawyer as a job but also as my life! Every drop of blood flowing in my veins is filled with legal cells. I am born for the law, for lawyers, and for litigation. I have extraordinary, almost genius-like legal insight, and my views on legal matters are often extraordinary and admirable.

Indeed, clients often come to Lawyer Wang Tengfeng with various difficult problems, even in desperate situations. But no matter what legal issue or case dispute, as soon as they talk with Lawyer Wang Tengfeng, they immediately exclaim excitedly: You are absolutely right, that's exactly how I feel, and it's rare for someone to analyze it so accurately. I want to find a lawyer like you to help me. Please, no matter what, help me... Although many clients know that Lawyer Wang Tengfeng is not skilled in relationship management, they firmly trust him and entrust their matters to him without hesitation. What they value and admire is his genius insight and foresight into legal matters, and they respect even more his pervasive sense of justice and his unwavering belief and fighting spirit! This is also why many clients with major and difficult cases come to him by reputation.

As mentioned earlier, apart from dedicating his entire mind and body to his legal career, Lawyer Wang Tengfeng's life is actually quite simple. He dislikes crowds and noise in daily life, and though he often speaks passionately, eloquently, and strikingly in court, debates, or when analyzing legal matters for clients, he is otherwise not good with words, unfamiliar with common etiquette, unaware of worldly affairs, and unversed in the dark arts of officialdom. Outside of professional work, his only preference is quiet contemplation, occasionally taking leisure trips to vast skies, wide seas, or distant deserts, but no matter where he is, his sole concern remains the litigation cases he handles. This simple lifestyle perfectly aligns with his consistent work philosophy: to make simplicity pure and to take professionalism to the extreme. In recent years, besides continuing to lead from the front in legal practice, Lawyer Wang Tengfeng has also built a highly capable litigation team. We have reason to believe—and eagerly anticipate—that Lawyer Wang Tengfeng and his team will successfully handle more classic and challenging cases, continuing to write brilliant chapters in the field of litigation.

Shortly before this book began serializing online, on May 19, 2015, the Guangdong Provincial High People's Court held a public hearing for the case of Wang Tengfeng v. Shenzhen Municipal Government Legal Affairs Office et al. regarding a reputation rights dispute [Case No. (2015) Yue Gao Fa Min Yi Ti Zi No. 7] (Figures 124, 125). Lawyer Wang Tengfeng, as the retrial applicant, and Lawyer Zhang Yong, as his representative, jointly participated in the hearing at the provincial high court that day. Four full years had passed since the incident occurred. Time flies like an arrow, and the years slip by like a shuttle, but Lawyer Wang Tengfeng's chivalrous spirit of fighting for rights remains unchanged; his litigation artistry, capable of turning stone into gold and transforming the ordinary into the extraordinary, has reached new heights; and his courtroom demeanor, passionate, righteous, and overwhelming to opponents, is as formidable as ever! Let us all look forward to the Guangdong Provincial High People's Court rendering a fair judgment in this retrial case of reputation rights dispute.

　Figure 121: Page 1 of the Civil Ruling issued by the Guangdong Provincial High People's Court on September 29, 2014.

Figure 122: Page 2 of the Civil Ruling issued by the Guangdong Provincial High People's Court on September 29, 2014.

　　Figure 123: Page 3 of the Civil Ruling issued by the Guangdong Provincial High People's Court on September 29, 2014.

Figure 124: Summons to appear in court issued by the Guangdong Provincial High People's Court on April 22, 2015, with the hearing date set for May 19, 2015.

Figure 125: Notice of Composition of Collegial Panel Issued by the Guangdong Provincial Higher People's Court on April 22, 2015.

　　(待续)