Dissatisfied with the verdict, posted on Douyin, insulted the judge, and was detained
[2] Compiled from: Shandong High Court
[2] Case One
[3] Zhang, a plaintiff in a private lending dispute case at the Laiwu District Court of Jinan, appealed the court's verdict. The Jinan Intermediate People's Court reviewed the case and upheld the original judgment.
[4] Starting in February 2023, Zhang repeatedly posted videos on Douyin insulting, defaming, and threatening the judge. Zhang's actions severely disrupted the work order of the People's Court and constituted obstruction of civil litigation.
[5] In accordance with Article 114, Paragraph 1, Item 4, Article 118, and Article 119 of the Civil Procedure Law of the People's Republic of China, the court imposed a 15-day detention and a fine of 60,000 yuan on Zhang.
[6] Case Two
Wang, a defendant in a private lending dispute case in the Laiwu District Court of Jinan City, repeatedly posted videos on Douyin in April 2023 after the judgment in his case took effect, insulting and defaming the judge. Wang's actions severely disrupted the work order of the People's Court and constituted obstruction of civil litigation.
In accordance with Article 114, Paragraph 1, Item 4, Article 118, and Article 119 of the Civil Procedure Law of the People's Republic of China, the court imposed a decision of 10 days of detention and a fine of 30,000 yuan on Wang.
Civil Procedure Law of the People's Republic of China
Article 114If any litigation participant or other person commits any of the following acts, the People's Court may impose a fine or detention depending on the severity of the circumstances; if a crime is constituted, criminal liability shall be pursued according to law:
(1) Forging or destroying important evidence, hindering the People's Court from hearing a case;
(2) Using violence, threats, or bribery to prevent witnesses from testifying, or instructing, bribing, or coercing others to give false testimony.
(3) Concealing, transferring, selling off, or destroying property that has been sealed up, seized, or inventoried and placed under someone's custody, or transferring property that has been frozen;
(4) Insulting, slandering, falsely accusing, assaulting, or retaliating against judicial personnel, litigation participants, witnesses, interpreters, expert witnesses, inspectors, or persons assisting in enforcement;
(5) Obstructing judicial personnel from performing their duties by means of violence, threats, or other methods;
(6) Refusing to comply with judgments or rulings that have already taken legal effect by the People's Court.
The People's Court may impose fines or detention on the principal responsible persons or directly liable persons of a unit that commits any of the acts specified in the preceding paragraph; if the act constitutes a crime, criminal liability shall be pursued according to law.
[1] The author's perspective
Any individual or unit, even if dissatisfied with the content of a judgment or ruling, must strictly follow the procedures and channels prescribed by law to protect their rights lawfully, and must not act recklessly like the parties in the two cases above. The People's Court is the judicial organ of China, and judges are judicial personnel who exercise the state's adjudicative power according to law. The judicial authority of the People's Court is deterrent and coercive because it derives from the respect and maintenance of the people. If anyone can trample on judicial authority at will, then when one has a grievance, there will be no place to seek redress. In serious cases, it may even constitute a severe obstruction of civil litigation and will be subject to strict punishment.