The "Sea Palace" Case Within a Case: Retrial Turning Point — The Ultimate Revelation of the "Sea Palace" Case (Serial 32)
[6] Part Three: Lawyer's Rights Defense Bravely Challenges the Legal Affairs Office
7. Retrial Turning Point
At noon on July 9, 2014, Attorney Zhiming, accompanied by Zhang Yong, a partner at his law firm, and Li Lulu, a trainee lawyer, drove to the Guangdong Provincial Higher People's Court at No. 9, Yicun First Road, Tianhe District, Guangzhou, to attend a retrial hearing organized by the court. More than three years had passed since the dispute arose on April 14, 2011. For Attorney Zhiming, victory or defeat had long ceased to matter; the persistence in applying for retrial was more a pursuit of the spirit of the rule of law, and a demonstration of the attitude a legal professional should hold toward rights. It was the season when the fervor of the Brazil World Cup was sweeping the globe, and the casual chat and laughter along the way made the journey light and pleasant. But the moment he stepped into the courtroom, Attorney Wang Tengfeng immediately turned serious, assuming the posture of a rights warrior.
The retrial hearing was organized by Judge Huang Qiusheng of the Guangdong Provincial High Court, with Clerk Peng Qun serving as recorder. The entire procedure was similar to a formal court session. The representatives from the Legal Affairs Office of the Shenzhen Municipal Government and Southern Daily also appeared in court in full. All parties presented facts and reasoned their positions, fully expressing their views and stances. Attorneys Zhiming and Zhang Yong worked in coordination, and based on their careful advance preparation, they reorganized the case facts and legal grounds, presenting the rights holder's claims and demands more forcefully to the high court judges, earning their understanding and recognition. The main hearing opinions expressed by the two attorneys are summarized as follows:
1. Three Errors of Southern Daily:
1. The reporter from Southern Daily misidentified the identity of the interviewee (the applicant for retrial) and adopted the internet's "clickbait" approach by titling the interview report as "Shenzhen Municipal Government Legal Advisor: The 'Sea Palace' Case May Be Winnable," which carries an element of sensationalism and violates the journalistic ethics that serious media outlets should uphold. Although the newspaper layout did not prominently highlight the identity information of the "Shenzhen Municipal Government Legal Advisor," such a title, after being reposted by online media and indexed by search engines and displayed in relevant search results, caused the "Shenzhen Municipal Government Legal Advisor," which was originally printed in small font as a mere "lead-in" in the newspaper, to combine with "'Sea Palace' Case May Be Winnable" into a complete headline, with the former positioned even more prominently at the front of the title. This conveyed to general readers and media audiences with ordinary reasoning and judgment abilities the erroneous message that "even the government's own legal advisor believes the government's administrative law enforcement was wrong." Against the backdrop where the "Sea Palace" incident had already drawn nationwide attention and Shenzhen government departments were already at the center of public opinion, such a misleading message was bound to create a certain sensational effect. This is the first mistake made by Southern Daily!
2. Southern Daily failed to exercise strict editorial review. By common sense, a government's legal advisor should speak on behalf of the government, and it is generally unlikely that such an advisor would casually make remarks unfavorable to the government at a highly sensitive moment. However, the editors at Southern Daily did not rigorously scrutinize the aforementioned headline, which clearly defied common sense, nor did they follow the prudent principles that news media should observe when handling sensitive news by verifying with the interviewee or seeking the interviewee's opinion before publication. Instead, they allowed this report, containing erroneous information and sensationalist elements, to be published rashly, and it subsequently spread widely online, resulting in adverse consequences. This constitutes the second mistake of Southern Daily!
3. After the interviewee and the Legal Affairs Office of the Shenzhen Municipal Government pointed out the errors in the above report, the newspaper did not follow the conventional practice for correcting reporting errors—namely, having the newspaper itself publish a "correction notice" in an appropriate section of the paper to rectify its mistakes and apologize to readers and affected parties. Instead, as a legal entity with independent personality and will, and as a serious media outlet bearing the sacred duty of public opinion supervision over governments at all levels, it knowingly succumbed to the pressure and improper demands of the Legal Affairs Office of the Shenzhen Municipal Government, despite being fully aware of the severe consequences of infringement that would result. It chose to provide relevant information through subsequent news reports, employing a headline and layout that conspicuously highlighted the message that "Zhiming lawyers are not government legal advisors." Such a headline, after being widely reposted by online media and indexed by search engines, would appear in related search results alongside the aforementioned headline "Shenzhen Government Legal Advisor: The 'Maritime Palace' case may be winnable," clearly conveying to readers and media audiences the erroneous and defamatory message that "Zhiming lawyers are frauds," resulting in severe infringing consequences. Such repeated errors by Nanfang Daily are unforgivable!
2. The Serious Faults of the Legal Affairs Office of the Shenzhen Municipal Government
Initially, when the government's legal affairs office saw the newspaper report titled "Shenzhen Municipal Government Legal Advisor: The 'Maritime Palace' Case May Be Winnable" and the distortion and amplification effects caused by online reprints and dissemination, it promptly verified the interviewee's identity information and requested the newspaper to make corrections. This was still a normal reaction by a government department actively safeguarding its own interests and image, and was not blameworthy in itself. However, after the newspaper had repeatedly explained to it that the relevant errors were caused by the negligence of journalists and editors, and especially after Attorney Zhiming personally communicated and negotiated with the relevant person in charge of the legal affairs office on multiple occasions, the legal affairs office still obstinately insisted that Southern Daily publish a so-called "Response from the Legal Affairs Office Spokesperson" in accordance with the content and layout it provided, rather than truthfully requesting the newspaper to publish a "correction statement" in the normal manner to rectify its work errors. Moreover, it adopted a headline highlighting "Attorney Zhiming is not a government legal advisor," directly targeting the innocent Attorney Zhiming, causing readers and media audiences with normal thinking abilities to draw the erroneous conclusion that "Attorney Zhiming is a fraud," directly resulting in serious consequences of infringement. Considering the background of the "Maritime Palace" incident, coupled with the fact that Attorney Zhiming had expressed legal opinions unfavorable to the government, it is not difficult to see that the legal affairs office had an obvious motive of using pretexts to suppress and retaliate against individuals who dared to say no to illegal administrative actions by the government. Moreover, it employed extremely low-level and even despicable means—when unable to directly refute Attorney Zhiming's views unfavorable to the government—to attempt to negate the credibility and authority of his views by deliberately disparaging his identity and character, thereby salvaging the government's face. On the surface, the legal affairs office's actions appeared to be performing its duties and stating facts, but in reality, they were deliberately defaming Attorney Zhiming's character and reputation. It can be said that the Shenzhen Municipal Government Legal Affairs Office not only committed fault but also engaged in intentional and malicious infringement. It must be emphatically pointed out that the legal affairs office, as the competent authority for legal affairs of the Shenzhen municipal government, has acted in a manner diametrically opposed to and running counter to the principles of building a country and government governed by the rule of law. To preserve the government's face, it has wantonly trampled upon and infringed upon citizens' fundamental rights. The infringement by the Shenzhen Municipal Government Legal Affairs Office employs low-level means, has a detrimental impact, produces serious consequences, and is unforgivable.
III. The facts of infringement and the resulting damages in this case are undeniable.
To correctly determine the facts of infringement and the consequences of damage in this case, it is essential to have an accurate understanding of the patterns of information dissemination in the modern network environment. In today's internet era, where information is overwhelming and attention is extremely scarce, there is a prevalent style known as "clickbait" — a media approach that uses sensational or even distorted headlines to attract readers' or audiences' attention. The vast majority of readers and audiences also primarily rely on browsing news headlines to obtain information, and few have the 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 "Spokesperson of the Shenzhen Municipal Government's Legal Affairs Office Responds to the 'Sea Palace' Report: Zhiming Lawyer Is Not a Government Legal Advisor" — directly conveyed to most readers and audiences who only skim headlines the defamatory message that "Zhiming Lawyer is a fraudulent impostor." After being reposted and widely disseminated across various websites, this inevitably caused severe damage to the reputation of Zhiming Lawyer, a highly renowned and excellent attorney, leading to a decline in public evaluation of him. Such damage is objectively real and not merely Zhiming Lawyer's subjective perception. The statement regarding "sense of honor" in the effective judgment of the Shenzhen Intermediate People's Court both disregards the objective facts reflected in the case evidence and distorts the civil law doctrine distinguishing external reputation from internal reputation (sense of honor). Instances of infringing internal reputation (sense of honor) are generally limited to situations where the allegedly infringing words or actions have not been widely disseminated and thus have not led to a severe decline in the victim's social evaluation. However, in this case, the infringing statements by the Shenzhen Municipal Government's Legal Affairs Office and Southern Daily were widely spread through newspapers and the internet, and because they were linked to the "Sea Palace," a news topic that attracted widespread attention at the time, they inevitably drew extensive public scrutiny, thereby causing severe harm to Zhiming Lawyer's external reputation — this is an indisputable fact. Even if one considers only the damage to Zhiming Lawyer's internal reputation (sense of honor), taking into account the malicious infringement by the Legal Affairs Office despite Zhiming Lawyer's repeated explanations and representations, as well as the severe consequences to his personal dignity, inner peace, and mental health, under the principles of civil law theory, the infringing party should also be subject to legal sanctions for violating Zhiming Lawyer'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 tort case. Among the two tortfeasors involved, Southern Daily is a serious media outlet that bears significant social responsibility in promoting the rule of law and exercising public oversight over the government, while the Legal Affairs Office of the Shenzhen Municipal Government, as the department in charge of legal affairs under a first-tier municipal government, has an unshirkable duty to ensure that government departments act in accordance with the law and to protect the lawful rights and interests of citizens. Correcting the erroneous judgment of the Shenzhen Intermediate People's Court through retrial procedures and imposing necessary sanctions on the civil tortious conduct of these two special entities, particularly the malicious tortious conduct of the Legal Affairs Office of the Shenzhen Municipal Government, is of great significance to building a country governed by law, a government governed by law, and to protecting and respecting human rights. This is especially true against the backdrop of the current vigorous and large-scale campaign of mass-line education and practice activities being carried out by Party and government organs at all levels. The attitude displayed by the Shenzhen Legal Affairs Office in the tortious conduct of this case—one that cannot tolerate the slightest questioning or opposing voices from the people and readily suppresses the people under any pretext, reflecting an officialdom mentality—is particularly out of place and repugnant, and must be met with negative legal evaluation and necessary sanctions. We hereby request the Guangdong Provincial High Court to initiate civil retrial procedures in accordance with the law, correct the erroneous judgment of the lower court, and grant the applicant justice and society a sense of fairness.
At the conclusion of the hearing, Attorney Zhiming, who had thirty years of practice experience and exceptional perceptiveness, could already sense from the presiding judge's brief remarks that the merits of the case had been clearly recognized, and that justice was within reach and fairness could be expected! Sure enough, shortly after the hearing, Judge Huang called Attorney Zhiming to relay relatively positive feedback, namely that the Higher Court believed the practices of the Shenzhen Municipal Government's Legal Affairs Office and Southern Daily had indeed been inappropriate, while also proposing that the Higher Court judges first organize mediation among the three parties before considering whether to initiate retrial proceedings. Attorney Zhiming gave principled and bottom-line-based consent to the Higher Court judge's suggested arrangement. Below is the email Attorney Zhiming sent to the Higher Court judge through his agent, Attorney Zhang Yong, which reveals his sincerity in cooperating with the judge's mediation efforts while also conveying his unwavering determination to uphold the fundamental principles and bottom lines of the legal profession.
Email content from July 17:
Judge Huang, Clerk Peng: Attorney Zhiming himself still hopes that the Legal Affairs Office of the Shenzhen Municipal Government and Southern Daily can publish an apology in the newspaper. If the other party cannot accept this, then to cooperate with the judge's mediation efforts, we also agree to have the Southern Daily Shenzhen Edition publish a positive report article about Attorney Zhiming as an alternative appeasement measure. We have already prepared the theme content and materials for the relevant report, as shown in the attachment. Please kindly seek the opinions of the Southern Daily side and do some appropriate mediation work with the other party. Thank you!
Content of the email dated August 7:
Judge Huang, Clerk Peng: The previous positive coverage materials about Attorney Zhiming that we provided were framed around the amendments to the Administrative Litigation Law. The content was essentially neutral in nature, yet Southern Daily actually refused it, which is truly difficult to understand. If they felt the piece was too long, they could have appropriately edited and condensed it to suit their newspaper's publication needs. This makes us question the sincerity of their willingness to settle. This time, we are providing another piece of material related to current hot topics, in which Attorney Zhiming is only incidentally mentioned in a positive light. Southern Daily could publish it in the form of a reader's letter reflecting the voice of the public. This is already us going out of our way to accommodate them. If they still cannot accept this, we have no other options left, and we will continue to insist that the Legal Affairs Office of the Shenzhen Municipal People's Government and Southern Daily issue a formal apology in the newspaper. They were indeed the ones who made the mistake in the first place—is an apology really that difficult for them? Attorney Zhiming has stated that the authority of the rule of law must be used to deal with powerful infringers such as government agencies and media outlets, and that one must not simply yield to them at every turn. If litigation through the courts cannot protect our rights, Attorney Zhiming will continue to file appeals and petitions. Attorney Zhiming will not easily back down against such improper practices of officials bullying the people and the powerful oppressing the weak. We kindly request that the judges of the 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! I apologize for disturbing you. It has been difficult to reach you by phone, so I am sending this email. How is the mediation progressing in the case mentioned in the subject line? Attorney Zhiming himself wishes to once again convey the following to the presiding judge for your consideration: If mediation proves difficult, there is no need to force it. In reality, a final mediation in this case would hold little significance for the parties involved, for society, or for the rule of law. The country is currently advancing judicial reform, and the Central Committee's plenary session in the second half of the year will specifically study the issue of governing the country according to law. The overarching trend is to place increasing emphasis on the role of the rule of law, the core of which is to establish the authority of law and the judiciary throughout society. I earnestly request that the retrial procedure be initiated in accordance with the law, so that the authority of the judiciary may compel media, government, and other entities in positions of power to respect the law and rights, thereby genuinely advancing the cause of the rule of law. Thank you!
Shortly after the National Day holiday in 2014, Zhiming lawyers received the "Civil Ruling" (Document No. (2014) Yue Gao Fa Min Yi Shen Zi No. 625) from the Guangdong Provincial Higher People's Court (Figures 121, 122, 123), learning that the provincial high court would initiate retrial proceedings through a hearing. Zhiming lawyers immediately shared the news with all colleagues at the law firm, and their joy far exceeded that of winning a case that could bring in substantial attorney fees! Why were they so delighted? In the words of Zhiming lawyers themselves: "This once again proves that justice is not to be violated and will never be absent! Justice requires perseverance, and with perseverance, light will eventually be seen!"
It is well known that in today's world, as the national economy continues to develop and social contradictions grow ever sharper, among the countless disputes of all kinds across the land, there are always a considerable number that involve ordinary citizens and government departments in positions of extreme inequality. For Zhiming, a lawyer of humble origins and common standing, to become embroiled in rights disputes and legal battles with the Shenzhen Municipal Government—an authority of great prestige and prominence—and ultimately win the support of justice and glimpse the dawn of victory, is truly no easy feat! Among the vast multitude, how many could persist so unwaveringly in a rights-defense struggle against the government? And how many could live to see the victorious light of justice prevail? Countless ordinary people's "appeals" are blown away like scraps of paper in the wind, or drip into the vast ocean like raindrops, vanishing without a trace, with little hope of ever being revived or seeing justice restored. Zhiming's successful defense of rights is well worth it, proving not only his own tenacity and litigation skill, but also demonstrating that the rule of law in China is, after all, advancing and developing. Faced with Zhiming, a professional litigation lawyer who has spent thirty years on the front lines of legal practice, countless media professionals, peers, and old friends have often been puzzled. The question they frequently raise is this: In the face of a legal environment that falls short of expectations, with frequent man-made obstacles in the course of upholding legal justice, and all manner of hardships and difficulties, do you ever feel tired? Bitter? Disappointed? Discouraged? Why do you always appear relaxed, energetic, and full of confidence, as if you feel joy? And at over fifty years of age, after years of relentless, high-intensity labor without rest, how is it that you still look so young, with a full head of black hair? It was a friend who truly understands Zhiming who inadvertently revealed the secret: For Zhiming to be in such a state, he must love the legal profession and take pleasure in his work as a litigation attorney—only then could he find joy in it, oblivious to the approach of old age! Indeed, while gathering and preparing materials for the compilation of this book, I came across a short essay Zhiming wrote in 2010, titled "Reflections on Twenty-Five Years of Legal Practice," which is reproduced here in full:
Time flies like a shuttle racing onward, days pass like an arrow speeding toward the future. In the blink of an eye, I have completed twenty-five years of legal practice. Looking back on those remarkable years and reflecting on the uneven path I have traversed, a flood of emotions fills my heart.
Twenty-five years ago, I resolutely chose the legal profession from the ranks of the public security, procuratorial, judicial, and administrative law enforcement systems. With deep reverence for the spirit of Shi Yang and Lu Xun in upholding justice, I embarked on my legal career with faltering steps. Back then, I was a "young and fearless novice"; today, I am a seasoned senior lawyer. Over the past twenty-five years, I have carried myself with integrity, embraced every challenge with passion, and honed my skills to mastery. In 1985, I joined the legal profession in my hometown of Tongling in southern Anhui. From handling the region's first defamation case arising from sexual harassment and the first lawsuit filed by fishermen against a county government over an administrative penalty, to relocating to Shenzhen in 1995 to take on the nation's first consumer fraud case involving void lottery numbers and the first case of false advertising fraud against the magazine *Harvest* following Ba Jin's death, I have weathered thousands of legal matters of every kind, refining a comprehensive and adept ability to resolve legal issues. Along the way, I have also mentored interns and trained a hundred new lawyers. Over these twenty-five years, I have tackled countless legal problems, witnessed immense vicissitudes of life, endured my share of confusion and hardship, and earned no small measure of success and glory. What has changed are the countless people and things around me; what remains unchanged is my unwavering dedication to the profession! Whether in casual chats over tea and meals with friends, during media interviews, or in exchanges with colleagues and apprentices, I have always radiated a sense of professional fulfillment, pride in the legal field, and honor in my career—an irreplaceable, high-level spiritual gratification and profound joy. Though I may not possess the vast monetary wealth that most people aspire to, I do hold the immense spiritual riches that only a few ever attain!
Looking back on the past, as a professional lawyer with sound professional competence and ethical integrity, I am proud, I am honored! Looking ahead, as a people's lawyer committed to upholding fairness and justice and advancing the rule of law, I strive, I endeavor!
A short piece of just a few hundred words has already provided ample answers: Zhiming lawyer's career and life, in summary, is almost entirely born for the law and lived for litigation. Just as Zhiming lawyer often proudly declares: I am a professional lawyer, just like a professional athlete, professional actor, or professional revolutionary—not only treating law as a job, but also as life itself! Every drop of blood flowing through my veins is imbued with the cells of law; I was born for law, for lawyers, and for litigation. I possess extraordinary, even near-genius legal insight, and my views on legal matters are often unconventional and awe-inspiring.
Indeed, it is common to see clients coming to Zhiming lawyers with various difficult problems, even when they have exhausted all other options. But no matter what legal issue or case dispute it is, as soon as they have a brief conversation with a Zhiming lawyer, they immediately exclaim with excitement: "You are absolutely right, this is exactly how I feel. It's rare for anyone to analyze it so precisely. This is the kind of lawyer I want to help me. Please, no matter what, I beg you to assist me."
As mentioned earlier, apart from dedicating his entire mind and body to his legal practice, Lawyer Zhiming's life is actually quite simple. He dislikes crowds and lively gatherings in his daily life. Although he often speaks with passion, eloquence, and striking insight in court, during debates, or while analyzing legal matters for clients, he is otherwise not articulate, unfamiliar with conventional etiquette, unversed in worldly affairs, and certainly unacquainted with the dark arts of bureaucratic maneuvering. Outside of his professional work, his only pleasures are quiet contemplation and occasional leisure travel—whether under vast skies, by the open sea, or across distant deserts—yet no matter where he is, his mind never strays from the litigation cases he handles. This simple lifestyle perfectly mirrors his consistent philosophy: to make simplicity pure and to take professionalism to its ultimate limit. In recent years, besides continuing to lead from the front on the front lines of legal practice, Lawyer Zhiming has also assembled a highly capable litigation team. We have every reason to believe—and eagerly anticipate—that Lawyer Zhiming and his team will successfully handle more classic, complex, and challenging cases, continuing to write the brilliant legend in the field of litigation practice.
Shortly before this book began serializing online, on May 19, 2015, the Guangdong Provincial Higher People's Court held a public hearing for the defamation dispute case filed by Attorney Zhiming against the Legal Affairs Office of the Shenzhen Municipal People's Government and others [Case No. "(2015) Yue Gao Fa Min Yi Ti Zi No. 7"] (Figures 124, 125). Attorney Zhiming, as the retrial applicant, and Attorney Zhang Yong, as his counsel, jointly participated in the court proceedings at the provincial high court that day. By then, a full four years had passed since the incident first occurred. Time flies swiftly, and the years slip by like an arrow, yet Attorney Zhiming's chivalrous spirit of courageously fighting for rights remains unchanged; his litigation artistry, masterful and transformative, capable of turning the mundane into the miraculous, has grown ever more refined; and his courtroom advocacy, impassioned, eloquent, and formidable in sweeping aside opponents, shows no sign of diminishing from its former glory! Let us jointly look forward to the Guangdong Provincial Higher People's Court rendering a fair judgment in this retrial case concerning the defamation dispute.
I'm ready to help translate your Chinese legal content into professional English for the Shenzhen Zhiming Law Firm website. Please provide the Chinese text you'd like me to translate.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.
(To be continued)
