[1] The Joyful Rebirth of the "Sea Palace" — The Ultimate Revelation of the "Sea Palace" Case (Serial 25)
Part Two: Chivalrous Lawyer: Legal Rescue of the "Sea Palace"
11. Happy Rebirth
After seven or eight years of entanglement and struggle between rights and power, enduring countless natural storms, suffering through two waves of public opinion storms, and surviving nearly a year of litigation battles inside and outside the courtroom, the "Sea Palace" still stubbornly exists between the blue sky, white clouds, green mountains, and azure sea of Nan'ao Dongshan Bay—low-key but joyful! Media unaware of the truth have occasionally turned their attention to the "Sea Palace" again, but none have managed to stir up any public opinion storm. The meteorological "butterfly effect" theory suggests that a butterfly flapping its wings can cause a storm, but this relies on the complex mechanisms of atmospheric circulation. Due to the immense impact of the "Sea Palace" administrative litigation case, the public has become more rational, the government more cautious, and the media more mature. The "Crystal Daily," which had stirred up public opinion storms against the "Sea Palace" in January 2010 and February 2011 but remained low-key during the two court hearings of the "Sea Palace" administrative dispute in June 2011, once again focused on the latest status of the "Sea Palace" on July 12, 2012, publishing related reports and editorials for three consecutive days, seemingly eager to revive its former glory of leading public opinion, yet it attracted little attention (Figures 93-98). This reflects that the reporters and editors of the "Crystal Daily" have not improved their understanding of the "Sea Palace" incident after two or three years of turmoil, and have clearly become "out of step with the times." Of course, as mentioned earlier, we cannot simply conclude that the "Crystal Daily" was wrong from the start; in fact, they have always believed they stood on the side of justice and the rule of law. Paradoxically, while public opinion oversight should promote lawful administration by government departments, the pressure of public opinion in the "Sea Palace" incident led the government to lose its footing and commit unlawful administrative acts. Similarly, in recent years, there have been issues of public opinion pressure interfering with judicial independence and judges' lawful adjudication. The relationship between public opinion oversight and the rule of law is a significant topic worthy of in-depth study. From the "Sea Palace" incident and the occasional "trial by public opinion" phenomena in recent years, we can see that in a society Tocqueville called a "tyranny of the majority," media lacking sufficient legal rationality, if they blindly cater to irrational social emotions, will turn public opinion oversight into a form of "majority tyranny," thus becoming the antithesis of the rule of law.
Figure 93: Front page of the "Crystal Daily" on July 12, 2012.
Figure 94: Left half of the combined A06-07 pages of the "Crystal Daily" on July 12, 2012.
Figure 95: Right half of the combined A06-07 pages of the "Crystal Daily" on July 12, 2012.
Figure 96: Continued hype on page A06 of the "Crystal Daily" on July 13, 2012.
Figure 97: Front page of the "Crystal News" on July 14, 2012.
Figure 98: Editorial on page A03 of the "Crystal News" on July 14, 2012.
In May and June 2012, coinciding with the 12th anniversary of the founding of Guangdong Zhiming Law Firm, led by lawyer Wang Tengfeng, the surviving "Sea Palace" underwent a brief restoration. Guo XX invited Director Wang Tengfeng and his colleagues to visit, leaving behind many beautiful memories (Figure 99).
Figure 99: A visual memory left by all colleagues of Guangdong Zhiming Law Firm when they were invited to visit the "Sea Palace." The image reflects the condition of the "Sea Palace" after the forced demolition of the main hall's upper structure on April 8, 2011, with the remaining parts slightly renovated.
Extended Topic: Another vivid case of the relationship between public opinion supervision and judicial justice.
As noted in the previous section "Extended Topic," one of the insights from the "Sea Palace" administrative litigation case is that public opinion supervision can not only promote government administration according to law but sometimes also "hijack" the government, causing officials to lose their footing and commit illegal administrative acts. Similarly, public opinion supervision has both positive and negative effects on judicial independence and justice. Regarding its negative impacts, two prominent issues stand out: first, some market-oriented media, especially urban newspapers, use sensational coverage of hot cases as a "selling point" to open markets. To attract public attention and increase sales, they often rely on reporting socially hot issues that capture public interest for economic gain; second, the phenomenon of media and public opinion "hijacking" the judiciary occurs frequently. In particular, when parties in certain cases cannot achieve their demands through normal channels, they turn to the media, seeking to influence court rulings by garnering public sympathy. Even some lawyers, when representing cases, violate professional ethics by attempting to use the influence of media and public opinion to achieve litigation goals. The sensational case of Li Tianyi and others accused of rape in 2013, which caused a nationwide uproar, is a vivid example. Both the defense lawyer and the victim's attorney in this case engaged in improper conduct and were later disciplined by the legal profession. During the incident, lawyer Wang Tengfeng, who was both perceptive and fiercely opposed to injustice, always eager to speak out for justice, published a series of four blog posts, analyzing issues in detail and criticizing current malpractices, earning countless likes and applause. These four blog posts are now compiled in chronological order as further evidence of lawyer Wang Tengfeng's chivalrous spirit.
The sexual rights of a bar hostess are equally inviolable
—Reflections on the Li Tianyi rape case
Recently, more and more media have revealed that Li Tianyi's new defense lawyers, Chen Shu and Wang Ran, have loudly declared they will pursue a "not guilty" defense, citing their past "glorious achievements" as evidence while aggressively attacking the media and public opinion. From fragments of their statements, I sense their greatest trump card in turning defense into offense may be that the victim is a "bar hostess," even hinting that the victim might have lured a minor into a "sexual relationship," or directly alleging the victim's suspected fault of "prostitution." Additionally, their statements imply that the commercial entertainment venue involved is suspected of seriously corrupting minors, infringing on the legitimate rights of Li Tianyi as a minor, a social dark phenomenon. Combining these two points, Li Tianyi is portrayed as a typical victimized youth, lured, corrupted, and entirely passive—not only should he not be a criminal, but he can also rightfully pursue the guilt of the "passive sexual relationship" perpetrator and further hold media and individuals accountable for defamation that damaged his reputation! Li Tianyi should be acquitted! Will things develop as the Li family and their newly hired lawyers hope? Let's make a preliminary analysis based on law and facts.
First, laws like the "Law of the People's Republic of China on the Protection of Minors" indeed stipulate that commercial entertainment venues and internet cafes should not be open to minors, must not provide services to minors, and should strictly prohibit minors from entering. However, the law does not stipulate that if such venues violate regulations by providing services to minors, they must bear joint or substitute criminal liability for the minor's criminal acts, nor does it state that a minor who subsequently commits a crime can be exempted from punishment because the venue allowed entry! As is well known, even if commercial entertainment venues or internet cafes violate management regulations, they only bear corresponding administrative penalties, such as fines, license revocation, or administrative detention. Under no circumstances do such venues bear criminal liability for others' criminal acts!
Second, people have long known through online media that Li Tianyi is not a virtuous youth and has a history of misconduct. From his daily words and actions, he has changed cars multiple times, modified luxury vehicles, been pampered since childhood, and is physically strong and intelligent, with mental and cognitive abilities likely surpassing ordinary youths. The law has long stipulated that under certain conditions, a person aged 16 can be considered a "person with full capacity," and those aged 16 who commit crimes bear criminal responsibility. Public media information shows Li Tianyi is at least 17, nearing adulthood, and seems to have "matured early"! Thus, the Li family's newly hired lawyers' emphasis on Li Tianyi being a minor deserving special protection is meaningless. Given Li Tianyi's ability to understand social affairs and discern his own actions, he seems to no longer need special "protection"—otherwise, he wouldn't be speeding recklessly and causing trouble daily!
Third, Li Tianyi's new defense lawyers, Chen Shu and Wang Ran, may consider their clever defense tactic to be misleading people, even potentially accusing the victim, Ms. Yang, of "luring" Li Tianyi into a sexual relationship or directly alleging her suspected "prostitution" in court. If this assumption becomes reality and the two lawyers indeed use such a "clever" defense to exonerate Li Tianyi, it would likely backfire. Because: First, regardless of whether Ms. Yang is a bar hostess, and no matter how a bar hostess may mislead others, this cannot justify Li Tianyi's sexual assault on a "bar hostess." Even if the "bar hostess" identity is considered "lowly," her right to "sexual freedom" is equally inviolable! Second, assuming the victim indeed has a bad record or suspected "prostitution," now uncovered by the new lawyers' superb methods with enough "evidence" to infer Li Tianyi "did not commit rape," this would suggest that the previous two lawyers hired by the Li family had poor professional skills and ethics, lacking diligence and ability. Faced with such a major case involving personal freedom, they did nothing for four months, showing no discernment, while the new lawyers found "evidence of innocence" in just one month—superb "skills"! Similarly, this would further prove that public authorities like the police were so "incompetent" over months that they needed such brilliant lawyers to overturn the case and take the blame! Is there a probability for such assumptions? Yes—but no more than one in ten thousand! The assumptions in both scenarios are likely just the Li family and their new lawyers' wishful "Chinese dream"! Human sentiment, legal logic, and common sense make it almost impossible, unless a deity reappears—but unfortunately, the era of deities is long gone!
People must return to reality when judging any matter or event, and the Li Tianyi case is no exception. As legal professionals, lawyers have the duty to uphold justice, speak out for righteousness, and maintain the fairness of the rule of law. However, regardless of circumstances, a qualified lawyer must possess public morality and conscience. Anyone who lacks these does not deserve the title of "lawyer"—they can only be called a broker who knows the law. If this is the case, then it can only be said that the Li family made a mistake in their intentions and poor choices in personnel!
To save others requires skill, a lawyer must have principles, a person must have public morality, and society must have conscience. It is hoped that the outcome of this case will provide a fair and just explanation to both individuals and society, as well as to the law. It must not become a farce that disregards the life and freedom of others, solely seeking personal fame and profit through sensationalism. If so, it would only add another layer of tragedy to the Li family's sorrow over their imprisoned son!
(Published by Lawyer Wang Tengfeng on July 16, 2013)
The rule of law cannot tolerate such "lawyers" playing with it
—A further commentary on the Li Tianyi rape case
The Li Tianyi rape case has yet to be tried and finalized, and it is normal and understandable for the public to pay close attention and engage in heated discussion. However, what is astonishing is that since the Li family hired Lan He, who calls himself a "lawyer," the situation has escalated in an extremely abnormal direction! Right and wrong have become more blurred, even reversed; the case has been artificially complicated and bizarre; public opinion has been deliberately distorted; the emotions of the people have been unprecedentedly deceived; judicial independence has been unprecedentedly hindered; and the social legal system has been unprecedentedly desecrated! Regarding this case, what should the public do, what should the involved parties do, and what should the judiciary do? The author offers another discussion here to set the record straight.
1. Social rule of law must not be wantonly toyed with.
2. Since July 19, when Lan He, who claimed to be a "lawyer," emerged as the legal advisor for the Li family, he first presented himself with the stated purpose of clarifying facts and refuting rumors. In his July 20 microblog post, he deliberately emphasized, "Before the basic facts are ultimately determined by the judiciary, please observe rationally, refrain from harsh words, and avoid role-playing..." This seemed to show a well-intentioned call for objective and rational treatment of the incident. But looking back, what have they actually done?
3. On July 21, this "lawyer" Lan He and others spread information online alleging that "the victim's side is involved in prostitution and extortion," and boasted smugly in an interview with a reporter from *The Beijing News*: "Don't you think that after I came out, I've slightly turned the situation around?"
4. The reporter replied: "It just feels like the situation has become more chaotic."
5. Lan He said: "Good, good. The situation was already chaotic. This case is not that simple—there are cases within cases, and schemes within schemes. Whether she (the victim) is truly a victim is not yet determined and needs further investigation" (*The Beijing News* reporters Shi Wanglei and Zhang Yuan).
6. On July 22, this "lawyer" Lan He again disclosed misleading information to multiple media outlets and in his own blog posts (under the title "The Case Within the Li Tianyi Case"), publicly claiming that "the judge has accepted, during the pre-trial meeting, the investigation into the criminal facts of the victim's side allegedly involved in organizing prostitution and extortion. Once verified, those involved will not escape charges of false accusation." At the same time, he repeatedly emphasized, "No rush, everything has just begun," implying that the best is yet to come—everyone should wait and watch the excitement! Earlier that same day, Lan He also brazenly emphasized to multiple media outlets: "After the pre-trial meeting ends, there will be explosive news to announce to the media," and "There is a shocking piece of news to be released to the media at the conclusion of the pre-trial meeting—it will be explosive" (*Legal Evening News*, authors Li Kui and Wang Xiaofei).
In response, on July 21, Tian Canjun, the lawyer representing the victim Ms. Yang, answered questions from reporters including *The Beijing News*: "Will these text messages affect the case?" (referring to the alleged extortion messages circulating online).
Lawyer Tian replied: "No, I believe everyone can see that I haven't found any substantial evidence from them. Let them jump around and perform. The case cannot be reversed anyway. I'm not worried at all and won't comment. After the pretrial conference, the Li family held a press conference, and I was there watching their performance," fully displaying the professional integrity of a dedicated lawyer. The pretrial conference has ended, but the explosive news from this "lawyer" Lan He has yet to detonate.
On July 23, the official website of the Beijing High People's Court, via its Sina Weibo account "@京法网事," issued a formal denial under the title "Media reports on 'court confirming prostitution investigation' are false": "Yesterday, some media reported that regarding the alleged rape case involving Li and others, 'the court has confirmed a prostitution investigation.' After verification, this information is false. The Haidian Court is diligently proceeding with the trial according to law." Thus, within less than a week, this "lawyer" Lan He used deceptive tactics, exploiting differences in language comprehension to cleverly mislead and confuse the public to an extreme degree. Unfortunately, it crumbled under the judicial authorities' brief but stern statement of denial. The so-called court investigation into the victim's alleged "prostitution" is purely false information deliberately spread by this "lawyer"!
2. Setting up a "case within a case" to attempt a reversal is unlikely to succeed.
If the "case within a case" scenario envisioned and heavily promoted by this "lawyer" Lan He and others were valid, would Li Tianyi automatically be acquitted of the rape charge? Obviously, this is not a simple logical deduction; it is likely just a wishful Chinese dream of Lan He and his ilk. In my blog post on July 15, "The Sexual Rights of a Hostess Are Also Inviolable," I had already anticipated the escape route of the Li family and Lan He's so-called "case within a case" setup. Sure enough, they have now impatiently revealed it. However, as it stands, they seem to have exhausted their tricks, ultimately only exposing "the victim's alleged involvement in organized prostitution and extortion."
Let's analyze this: If the self-proclaimed "lawyer" Lan He and others truly had the extraordinary ability to surpass public authorities (police, prosecutors) and easily investigate and confirm that the victim Ms. Yang is a "prostitute" colluding with a prostitution organization for illegal profit, and later conspired to extort money from the Li family, with clear subjective intent and objective evidence, this would not only highlight the incompetence of the Li family's previous two lawyers but also signify the tragedy of China's rule of law. During nearly six months of investigation and prosecution, the criminal investigators and prosecutors remained completely unaware, persisting in errors until the case was brought to court for trial.
If the hypothetical scenario did not exist, and the victim had not conspired with others to engage in prostitution and extortion, even if the victim had the identity of a "prostitute," as long as she was unwilling at the last moment, no one could forcibly rape her; otherwise, it would still constitute the crime of rape. Alternatively, even if there was an organized prostitution organization behind the victim that carried out "extortion" against the Li family this time, that would only be the relevant criminal liability of certain organization members, but it could not automatically offset the rape liability of Li Tianyi and others. Moreover, the so-called "evidence" of extortion disclosed by the defense so far is far-fetched and cannot be confirmed. Even if the victim, Ms. Yang, had a shared intent to commit extortion afterward, the outcome of this case would at most be similar to the "Lei Zhengfu and Zhao Hongxia" case, where each is held accountable for their own crimes, and Li Tianyi and others still cannot escape rape liability. The so-called "theory of innocence" can only be the self-indulgent fantasy of that "lawyer"—a deceptive and fraudulent farce!
3. What exactly has the "lawyer" done?
Lan He, who calls himself a "lawyer," has, as he smugly claims, made an extraordinary move from the start. With glib words, he has effortlessly stirred up a huge storm, drastically worsening the case situation that had been calming down and was about to return to objective rationality without interfering with judicial independence, muddying the waters! However, who exactly is Lan He, the "former senior journalist (well-known journalist), now 'lawyer'"?
The author previously knew little about him, but now finds that his actions have already exceeded the professional ethics of a decent lawyer, drawing attention. Upon a brief inquiry, what was revealed was shocking. His character, conduct, words, and deeds have a history, so it is worth directly quoting online articles for reference to discern right from wrong.
According to Baidu's personal profile, Tencent Weibo, the China Criminal Defense Lawyers Network, and many other media promotional materials, Lan He introduces himself as a "former senior journalist (well-known journalist), now a lawyer." However, as early as October 22, 2011, an article by Zhao Manfu titled "Lan He Brazenly Plagiarizes and Usurps the Main Achievements of Other Lawyers" published in the *China Forum* stated: "Lan He's lawyer license was only approved by the Beijing Municipal Bureau of Justice in January 2011. As a novice, instead of being humble and cautious and abiding by the law, he is arrogant and audacious, openly plagiarizing and altering the main achievements of other lawyers, fabricating case experience, falsifying his resume, lacking integrity, seriously deviating from lawyer professional ethics, violating lawyer management regulations, and should be subject to judicial punishment. He has the nerve to call himself a 'social elite' and a 'domestic criminal defense lawyer.' Of Lan He's 'fourteen main achievements,' thirteen are plagiarized or usurped from others. Lan He even plagiarizes and usurps others' resumes and self-introductions—this is utterly immoral. The Beijing legal community producing a character like Lan He, and the Beijing Weihong Law Firm harboring such a person, is a laughingstock to the world."
The author cannot thoroughly verify the authenticity of online articles in such a short time and makes no subjective judgment here, only offering them for reference, hoping the public can comprehensively analyze and evaluate how fair his character, conduct, words, and deeds truly are!
IV. Conclusion
This case was originally an ordinary criminal case, but due to the involvement of a star's child and a wealthy second generation, it attracted widespread social attention, discussion, and criticism. As the suspect Li Tianyi's side, this should be understood and accepted. The public's advocacy for social justice and condemnation of evil and guilt are normal emotions; more criticism and moderate commentary are understandable, and of course, appropriate statements and explanations from the offending party are also acceptable.
However, regrettably, the Li family, possibly under the guidance of "experts" and backed by "powerful figures," has not shown any goodwill toward the victim. Instead, they have repeatedly hired "experts" to salvage the situation. Particularly before and after July 19, when they brought in Lan He, who claimed to be a "lawyer," they shifted from defense to offense, using terms like "bar girl," "prostitute," "extortion," and "false accusation" to stigmatize and defame the victim, undermining her resolve. They employed a series of magical, dreamlike tactics that blurred truth and falsehood, creating confusion between right and wrong, in an attempt to mislead the public, manipulate public opinion, and hijack the rule of law. However, I still firmly believe that China's judiciary is no longer so fragile. We hope and have ample reason to believe that the independence and fairness of China's judiciary remain something to look forward to in the Li Tianyi rape case!
In fact, none of these chaotic and bizarre tactics can truly resolve the predicament of being "guilty." They merely aim to exert pressure to force submission, hoping to compel the other party to compromise and abandon prosecution, thereby removing the foundation, then bribing their way up and down to minimize the matter, turning a big issue into a small one, and ultimately ending with a disguised "innocent" punishment. However, the plea for help is still made with compounding errors, leading to irreparable consequences. This brings to mind that as professional lawyers, we should fulfill our duties, abide by the law, and properly address mistakes with correct methods to help others resolve difficulties, rather than relying on "cleverness" to play "tricks," unaware that there is always a higher power and that heavenly justice cannot be deceived!
As I mentioned in a previous blog post: Saving people requires skill, lawyers need a bottom line, the law demands public morality, and society requires conscience! As members of society and the legal community, it is everyone's responsibility to uphold social justice and legal conscience.
The rule of law must not be desecrated, the public must not be fooled, and society must not be deceived. Those legal parasites who go to great lengths to play word games and legal tricks should stop as soon as possible, returning purity and fairness to society and the rule of law. Otherwise, those who play with fire will eventually burn themselves! Fellow lawyers should cherish themselves and take this as a warning!
(Signed: Non-professional lawyer: Wang Tengfeng, July 24, 2013)
Further Reflections on the Li Tianyi Case
——Third Commentary on the Li Tianyi Case
The court announced that the Li Tianyi case was publicly tried on August 28, with two days of hearings, and the dust is about to settle, the mystery about to be unveiled. As this chaotic situation is about to be clarified, I take a moment to reflect and comment as follows:
I. Mistakes in the Li family's response and handling: ① In this case, Li Tianyi is suspected of rape, and he already had a record of misconduct. It is understandable that the public, resentful of the wealthy and powerful, detests spoiled children harming society. Moreover, as public figures, Li Shuangjiang and Meng Ge should naturally bear more social criticism and pressure than other public figures. However, regrettably, the Li family's third hired lawyers, Chen Shu and Wang Gui, began to act against common sense, opposing and resisting public opinion. Furthermore, the Li family's "legal advisor," Lan He, resorted to any means to spread rumors and stir up hype, lacking virtue and breaking the law, severely crossing legal and moral boundaries. They attempted to use media momentum to mislead the public, divert attention, distort facts, and interfere with the judiciary to turn the tide, provoking stronger backlash from socially just and conscientious individuals! ② If we, as the Li family's legal advisors, had indeed uncovered evidence against the victim, "confirming" the victim's fault and Li Tianyi's "innocence," that would absolutely not, and should not, be a reason to recklessly leak and hype it in advance, trying to gain social recognition and influence judicial proceedings. Such a grave mistake not only further infringes on and harms the victim but also hurts the vast majority of people, scholars, and experts with a shred of social conscience and justice nationwide! More seriously, it directly "harms" the Li family itself: while causing greater backlash and resentment, it allows the victim and society to preemptively neutralize the impact of the "factual evidence" the Li family holds, reducing the likelihood of judicial acceptance. Thus, the Li family's "legal experts" dream of acquittal seems slim! Pitiful and lamentable—pitiful that the Li family thought they had hired experts to save them at a critical moment, but in reality, they were not up to the task, making repeated wrong moves that inevitably lead to defeat; lamentable that the Li family missed the chance to encounter true experts who could turn things around and salvage the situation!
I believe that true experts would not make a big show everywhere before the trial, attacking on all fronts, lacking virtue and breaking the law, constantly firing duds and stink bombs, allowing the other side to continuously fill their "loopholes" and find their weaknesses for a strong counterattack! Instead, they would fully prepare all "evidence materials" and powerful "ammunition," using them all in court in one massive "bombardment," delivering a fatal blow that leaves the other side no chance to catch their breath or remedy. At the same time, they would supplement this with comprehensive media coverage and positive reporting. If necessary, they could submit their arguments in writing to the judicial authorities in advance for verification of relevant facts and evidence, without any fanfare or hype to avoid defeat!
Second, the mistakes in handling by Ms. Yang's lawyer: In the early and middle stages, when the Li family was fiercely counterattacking, the lawyer remained silent, missing many opportunities to uphold justice, allowing the Li family's legal advisor to exaggerate and arbitrarily attack Ms. Yang's "stains" on her identity, causing rumors to spread and generating some speculation and doubt in society, misleading the direction of public opinion. Such inaction was indeed a mistake. Now, as the trial approaches, the dispute has basically been settled, and silence should have been maintained to avoid further disturbances that could interfere with normal judicial proceedings. However, instead, they stirred up trouble for no reason, arbitrarily releasing news, revealing the victim's internal dynamics of suffering mental damage, being overwhelmed, and seeking medical treatment in a coma, using others' words to reduce advantages, influence public judgment, and disrupt the impression of right and wrong, to some extent undermining the nearly formed victory!
This is a clear manifestation of severe lack of wisdom and poor skill, truly causing those who uphold justice and fairness to sigh in helplessness! Hopefully, this mistake will not affect the overall situation, and the wise judge can still clarify the issues amidst the complexity, grasp the main thread, and determine guilt or innocence! Give the public a clear verdict, return justice to society, and let the rule of law demonstrate righteousness!
Third, in this case, guilt or innocence, and other issues, no matter how much they are debated, are all in vain. Only one point is the key to life and death in the dispute: at the very moment when the sexual relationship began, was the woman willing or coerced? Only this, nothing else, determines right and wrong, guilt or innocence! Let us wait and see!
(Wang Tengfeng, August 28, 2013)
The Tragic Crime and Fault of the Li Tianyi Case and the Immoral Misconduct of Beijing Lawyers
—Fourth Commentary on the Li Tianyi Case
I originally did not want to get involved again in the boring topic of Beijing lawyers hyping the Li Tianyi case, but I am compelled to comment again due to the following two reasons:
First, since the early 1970s, I have happily grown up listening to Li Shuangjiang's passionate and revolutionary songs like "The Red Star Guides My Fight," and in my youthful heart, I have long harbored deep affection for the military singer and artist Mr. Li Shuangjiang, which remains undiminished to this day. I feel it necessary to make a fair comment on the tragic crime and fault of his beloved son Li Tianyi's alleged rape case. Second, recently in Beijing, a lawyer surnamed Lei, who is shockingly shameless in seeking fame, wrote an article revealing astonishing claims: "Li Tianyi's rape case was premeditated by the victim Yang in collusion with foreign hostile forces to bring down and discredit China's 'red second generation.'" I can no longer tolerate this. Seeing the image of Chinese lawyers crumbling and being damaged in the eyes of people at home and abroad, I feel like a fishbone stuck in my throat and must once again speak out in justice to denounce such scum!
1. The Tragic Crime and Fault of the Li Tianyi Case
Li Tianyi's suspected rape (gang rape) case was heard in a closed session at the end of August, and the court is now adjourned pending a verdict. Reflecting on the entire case's progression, I have the following observations:
(1) Spoiling leads to crime, a profound lesson: Li Tianyi is the beloved son of Li Shuangjiang, born to his elderly remarriage to a young wife. The extent of spoiling is evident: when Tianyi was young, Shuangjiang "played the horse" for him (letting him ride), and as he grew older, he was meticulously cultivated for extraordinary talents while being given gold, silver, and whatever he wanted. At just 15, he was already driving a car alone, flaunting wealth and causing trouble. In September 2011, young Tianyi was sentenced to one year of re-education through labor for assault. After his release in September 2012, his parents, instead of punishing and strictly supervising him, rewarded him with a new luxury car, allowing him to become even more ostentatious and proud. This young boy made friends and frequented nightclubs, ultimately leading to his arrest on suspicion of rape and gang rape!
(2) Current evidence suggests guilt is hard to escape: Whether Li Tianyi's suspected rape (gang rape) case constitutes a crime, after multiple rounds of contention and public displays, the nearly publicized "evidence and facts" still preliminarily indicate that Li Tianyi is likely guilty and hard to escape. No matter how Meng Ge insists on "injustice" or "wrongful case," judicial authorities can only judge based on all legally obtained evidence presented in court. Based on publicly available information, Li Tianyi is unlikely to avoid punishment!
(3) Some doubt remains about the injustice: Through revelations by various parties (including "legal experts") about the case's details, especially after the trial disclosed many key facts, the line between guilt and innocence is indeed quite blurred and difficult to define. Unfortunately, rape is a high-risk, high-pressure crime in criminal cases, a key target for crackdowns, and once touched, it's hard to escape. Moreover, in reality, many "rapes" occur in ambiguous states of half-consent, not to mention possible "pre-set traps." However, as of now, the chain of evidence built by established thinking seems complete and hard to overturn. Unless a divine figure or a clear-minded judge can uncover other hidden circumstances, is Tianyi truly wronged? As a listener, I love Li Shuangjiang and hope Li Tianyi is fine, but I love the rule of law and justice more. I believe Beijing Haidian District Court can sort through this complex mess and deliver a correct and fair verdict!
2. The Immoral and Unethical Conduct of Beijing Lawyers
(1) Lacking Morality, Breaking the Law, Shameless and Despicable: Since the Li Tianyi alleged rape case came to light in late February, it initially drew widespread societal attention due to the defendant being both a "rich second generation" and a "celebrity second generation," as well as someone who had recently been released from re-education through labor and was again suspected of a crime. As reported by The New York Times on August 29, "Under intense local media scrutiny, a rape trial began Wednesday in Beijing, becoming yet another spectacle in China’s legal landscape and drawing attention to the lifestyles and alleged misdeeds of the elite." The subsequent developments were entirely driven by a group of immoral, law-breaking, shameless, and despicable lawyers. First to appear were Chen Shu and Wang Ran, who claimed to have connections with the police and a track record of successfully securing acquittals. They immediately declared they would pursue a not-guilty defense, accusing the victim, surnamed Yang, of being a hostess involved in misconduct and suggesting the bar was also implicated in criminal activity. After facing some pushback, a lawyer surnamed Lan appeared, calling himself the Li family’s "legal advisor" and taking charge of all case-related press statements and legal guidance. Leveraging his background as a journalist, he engaged in sensationalism, bombarding public opinion and legal peers with claims that Li Tianyi was innocent, that Yang was involved in prostitution, and that she and the bar were guilty of extortion. He continuously fabricated stories and leaked information, only to be repeatedly condemned by the public and refuted by the court. Lan He and You Xi coordinated their efforts, echoing each other’s claims. Public outrage boiled over, the populace’s nerves frayed, legal conscience was tarnished, and moral boundaries were shattered! Popular discontent became uncontrollable, and Li Tianyi found himself in an increasingly precarious position. By the time Lan He retreated behind the scenes, feigning silence, and Meng Ge stepped forward in a desperate attempt to salvage the situation, it was already too late. During and after the trial, it was revealed that lawyer Li Zike, in his bid to become a deputy to the National People's Congress or a member of the Chinese People's Political Consultative Conference, had sought to serve as Li Tianyi’s defense attorney and had secretly negotiated with Meng Ge for collaboration, only to fail and allegedly engage in harmful behavior. This further disappointed and disgusted the public. One might have thought the antics of Beijing lawyers had reached their peak, but even more shocking behavior was yet to come. Shortly after the trial adjourned in early September, another absurd figure emerged, claiming to be a "mastermind" and making the astonishing claim that the Li Tianyi case was a "honey trap" orchestrated by Yang and foreign hostile forces to undermine China’s "red second generation." This outrageous statement left people speechless and incredulous. As Zhao Xianjun pointed out in his blog post "Stripping Lei Haijun of His Pants," exposing Lei Haijun’s unethical attempts to secure a role as defense attorney, "This is the most shameless and bizarre person I’ve ever seen. I previously overestimated Lan He’s shamelessness; Lei Haijun surpasses him threefold!" The author fully agrees. Having practiced law for nearly three decades, I have witnessed the astonishing spectacle of Beijing’s legal profession. A few other opportunistic lawyers in Beijing, who merely follow trends for personal gain, are not worth mentioning. Is this the "brand" style of Beijing lawyers?!
(2) Lack of Skill, Self-Serving and Harmful: The parade of clownish and disgraceful "lawyers" in Beijing has deeply shaken my decades-long dedication to the litigation profession, nearly undermining my steadfast professional beliefs. Not only has the public lost respect for them, but even a committed professional lawyer like myself feels ashamed and humiliated by the presence of such corrupt lawyers in Beijing! In fact, the current failure of the Li Tianyi case is entirely due to the selfish desires and incompetence of these bizarre Beijing lawyers. As one such lawyer, Li Zike, described using an actuary’s method, the probability of a rape conviction in this case is 50.0001%, reflecting the complexity and ambiguity of the case, where right and wrong are difficult to determine. It seems the defense also possesses a large amount of damaging "evidence." Given this, lawyers like Chen Shu, Wang Ran, Lan He, and You Xi should never have used the media to sensationalize the case before the trial. Instead, they should have prepared thoroughly, formed a chain of evidence, and deployed their "secret weapons" at critical moments during the trial, catching the opposition off guard. This would have maximized their chances of success, potentially achieving an acquittal. From Mr. Shuangjiang’s perspective, the missed opportunity is deeply regrettable. After the trial concluded, these shameless individuals continued to fabricate stories. Having failed to secure a defense role in the first instance, they attempted to gain an advantage in the second instance, truly disgraceful!
In fact, while writing this article, I briefly reviewed the "interview" of this absurd lawyer on Sohu. His speech was filled with a Hubei accent, unclear, incoherent, and muddled, revealing a lack of legal knowledge. He made statements like, "One defendant offered 100,000 yuan for a private settlement in court, but criminal cases cannot be settled privately" (unaware that compensating the victim is itself a mitigating factor for a lighter sentence), "honey trap," "I predict it will be ruled as gang rape but sentenced as group licentiousness," and "Lawyers Chen Shu and Wang Ran withdrew from the defense in July!" His words were nonsense, and his demeanor was shifty. Without Zhao Xianjun exposing his sour grapes attitude, it was already clear he was not a good person! I believe that even if an appeal is filed, Li Zike, who failed to secure a defense role in the first instance, will not succeed in the second instance either. You, Lei, are even more incompetent and morally corrupt, fabricating lies for personal gain. You have no stance, no principles, no morality, no conscience, and no sense of justice—only self-interest. Upholding justice, speaking out for the righteous, remaining unyielding in the face of power, and staying true to one’s principles are concepts alien to you. These corrupt lawyers in Beijing are not only unworthy of defending Li Tianyi but also lack the basic qualities of a lawyer. They are not fit to be called colleagues! The Li Tianyi case has been harmed by their involvement!
(3) Root Causes: Systemic Deficiencies
It is natural for the Li Tianyi alleged rape case to attract societal attention, but many people are puzzled: Why has such a minor case exposed so many corrupt lawyers in Beijing? The author believes there are two main reasons: First, the excessive concentration of resources breeds corruption and evil. As the capital of a great nation, Beijing has accumulated unparalleled political, economic, cultural, and media resources over more than sixty years. No other country in the world has such a concentration (e.g., the U.S. has political power in Washington and economic power in New York; Australia’s political, economic, and cultural centers are in Canberra, Melbourne, and Sydney; South Africa’s are spread across three cities). Beijing’s extreme centralization of power and resources, coupled with long-term immersion in privilege, naturally fosters corruption and evil, with a prevailing culture of pursuing fame and wealth. The legal profession is no exception! Second, various state functional departments have long prioritized economic performance in their assessments, with all honors and promotions in the legal profession based primarily on economic indicators. This has severely neglected the importance of moral integrity, justice, and conscience. The positive energy of fairness and conscience has been suppressed and overlooked. Over time, this has subtly guided lawyers to prioritize profit over morality, resorting to any means to gain fame and wealth. This has become a subconscious habit. To become famous, to serve as a representative, or to make more money, they stop at nothing. As the capital leading the national legal profession, Beijing has long been influenced by this misguided orientation, where immorality and lawlessness prevail. It is no surprise that bizarre lawyers frequently emerge in Beijing! Colleagues nationwide should observe from a distance and not engage! Do not compare or envy! Stay grounded, practice with integrity—this is the path to lasting justice! To be a righteous lawyer with moral conscience, legal boundaries, and superior skills remains our steadfast commitment! Let those contemptible corrupt lawyers in Beijing go to hell! We will continue to joyfully pursue the noble legal profession! To prevent such disgraceful behavior from continuing in Beijing’s legal circles, should the capital’s legal management authorities and the national legal management authorities reflect and take action?!
(Non-lawyer Wang Tengfeng 2013.9.9)
(The second series is finished, to be continued)
