Mr. Calabash Monk Goes to Beijing (2013)

Li Yuanchao, then Provincial Party Boss of the CCP in Jiangsu, bragged about his handling of the Calabash Monk case as an example of his street smart.

Eight years later, Li Yuanchao became the Vice President of China. After the Calabash Monk case, the China had went on a different path, where not only people don't trust other people, but they all take defensive position against the judicial system. In the calabash monk case, the judge famously asked the Good Samaritan Mr. Peng Yu, "had you not hurt the old lady, why did you stop to help?" With any knowledge of the red China, readers should not be surprised on why does a Party boss mess up with the judicial system. However, anyone who cares anything about China would have noticed that as a direct outcome of the case, people would not even call the police when they witness someone in danger because they knew the next question from the authority would be, "why did you call for help if you did not cause it?"

As a member of the red-princelings, Li went to college in the middle of the Cultural Revolution in 1972, a rare opportunity reserved for privileged few. Like the rest of gang of red-princelings, he does not believe in any rules, including academic rules. In 1995, Li grabbed a J.D., conveniently from the Central Party School as a senior official.

Li's original given name was timely political 'Yuan-assisting' and 'Chao-Korea'. Li change the last Chinese character to a different word by adding 'water' to the left. This is against the traditional culture of keeping one's name.

Li shared many common traits with his partner, the President of China Xi Jinping. Both princelings, both recipients of bogus J.D., both being praised as bold and 'confident'.

China, Call An Ambulance

What an English speaking foreigner in Shanghai actually said around 10:30 in the morning of August 10, 2012 was, 'fuck you Chinese, call an ambulance.'

It was at a busiest corner, intersection of W Huaihai Rd and Xinhua Rd, in downtown Shanghai. An old man was lying on the sidewalk unconsciously. By-standers passing by, some stayed away out of a perimeter of at least 10 yards. It looked weird and creepy.

Before jumping on your moral judgement of what's in the mind of hundreds people who passed by that morning, it helps to travel back to a case dabbed Calabash Monk Case of Nanjing, where a Judge Wang Hao famously asked a young man who tried to help an old woman, 'had you not caused her problem, why did you attend a stranger on the street?' The young man was ordered to pay the old woman's medical expenses, only because he was stopped to help.

China is always proud of its long history of culture and social orders, a comfort zone Chinese can always refer to when frustrated by aggressive cultural invasions from the western world. Although often humbled by the whites, Chinese never let go a chance to discriminate on blacks. But one black student from Central Africa put many Chinese in shame, by being the only one who dare speak honestly.

August 29, 2012 at Luogang Airport in Hefei, Anhui, a traveler and his wife, drunk, and having made the entire flight waited, got on the airplane with tons of bags and suitcases. The couple beat up a flight attendant and threw suitcases at her. The flight attendant did nothing but fled to the end of the plane and cry. The attendant later described the incident on Weibo, which generated a public outcry. When the flight touched down in Guangzhou, Guangdong Province, it turned out the traveler was an army officer Col. Fang Daguo. Col. Fang summoned a truck load of soldiers to the police station at the airport as back up. When the air at the police station heated up, the Weibo post went viral across China, calling for official investigation.

The official investigation vindicated Col. Fang. The police announcement stated there was an altercation between the flight attendance and Col. Fang's wife. It also denied the rumor of truck load soldiers summoned by Col. Fang, disregard pictures of the vehicle with license number posted by concerned citizens online.

There are over 100 passengers, in additional to the flight crew on board, but news media can't find any Chinese witness. Days later, reporters exhausted the list, and went down to the bottom, a black international student named Princelione Doubane. Doubane is the only passenger who is willing to testify. Doubane told reporters he saw the entire incident. He saw Col Fang grabbed the flight attendant, and he saw the marks on the girls body. He also testified the flight attendant did not try to fight back or defense herself.

When Doubane's testimony was published, the government agreed to suspend Col. Fang for further investigation.

Before jumping on your moral judgement of what's in the mind of a hundred passengers on Flight CZ 3874, it helps to read on some notes posted by the reporter on this case. Several passengers were willing to give their account, but dare not reveal their names, thus their words can't be used in the newspaper. One brave sole who did not reside in Guangzhou decided to come forward anyway, but then was threatened by the government and went hiding.

Der Fatherland has been paralyzed by a deadly virus called communist regime. China, Call an Ambulance!

I Want Go To School!

"I want Go To School" was an official slogan of the 'Project Hope'. For over 20 years, schools were set up, and many children poor sponsored to go to school on private donations. If you are confused how come the No. 2 economic body in the world must rely on private donations for public education, you have to understand how the government income were allocated. Education and Health combined took less than 4% of the GDP. As a matter of fact, that's a clear violation to the education act passed many years ago, which mandates a 4% expenses on education. Even though China appeared a mighty military monster in neighbor's eyes, as a matter of fact, more money are spent in domestic suppression of human rights activists than on national defense. The bulk chuck of money goes to officials' cars, oversea trips and banquets.

A months ago, just days before the begin of the new semester, China's cities are driving migrant workers' children out of city limit in an coordinate op. In Beijing alone, 35 schools for low income migrant workers' children were shutdown and more than 14,000 children lost school. Reporters dug out an interview with Mr. Liu Limin, then Beijing Municipal Education Chief, now Deputy Minister of Education Department, who said in front of camera that people should not pay too much attention to low income children's need for school.

It is already a disgrace that the government not willing to spent a dime on citizen's education, but set up an official to collect private donations to build elementary schools. Amazingly, the government somehow deemed the education system in China was good enough, that they decided to use that money collected through 'Project Hope' to build schools in Africa. Believe it or not, most African countries had far better school system built than those in China. Google, Wikipedia and any data point to that. Perhaps building schools in Africa makes the communist regime look better, as the ruling class saw it. But, as people from Taiwan who questioned, how can we trust a government who does not treat its own citizen well, even when they try hard to kiss our ass?

A school age child was kneeing outside of a public school in Nanjing, capital city of Jiangsu Province. He wanted to go to school like other kids. He used to go to a school set up by private organizations that attend to low income migrant workers. That school does not require a residency ID, does not charge high fees, reuse or let students share textbooks and stationaries. Now all those private schools were shut down. When probed by reporters, the government officials said they would allow these children go to public school if they satisfy 5 conditions, which were hoops and loops that had 'mission impossible' written all over them. Two weeks later, in Beijing, only a hand of children were able to collect all required documents, but when they gathered at the Education Bureau, they were told to walk away.

September 1 was the first day of school in China.

A Ticking Bomb Went Off

A ticking bomb in Nanjing went off on July 25, 2010, one years after it had been planted. More than 10 people died, thousands injured.

A post at Xici Alley (deleted 2 days after the explosion) which was dated 2009 predicted the explosion and the catastrophic human loss at the exact location. In the past two years, local residents had been protesting the construction of a Level-1 gas station in the middle of dense residential area, with no buffering at all. The local police hired gangsters to beat dozens of local residents to silence the protest. The construction went on, despite the dangerous location and ailing underground pipings. According to a national ordnance issued by the Department of Construction in 2006, a Level-1 gas station should not be built in urban area. However, there are two Level-1 gas stations at the location. In theory, there were all illegal, although they were built and owned by the government.

Two months ago, a construction digger broke the underground pipe, when 2,000 residents were temporarily relocated without an explosive incident. However, the luck ran out this time.

Witnesses described the explosion like a nuclear bomb set off in busy downtown. Some glasses were braked by the impact even being miles away.

After the explosion, the No. 1 priority of the government was to block the news. A local TV station team was scoffed by the Provincial Propaganda Chief of the CCP, Mr. Ye Hao on air to stop broadcasting from the scene.

News agencies were told not to talk about the incident, and only the central propaganda agencies were allowed to release a brief message, while focusing on assuring the nation the blast was harmless. A snapshot of the CCTV shows an ironic caption: "The harmful chemical released is indeed harmless."

Residents Took Law Into Own Hands

An old gentleman in Lanzhou took law into his own hands. On the night of July 9, 2009, armed with a pile of construction bricks, the old man threw brinks to any vehicle that ran red lights at an intersection near his neighborhood Jingangcheng.

Hundreds of local residents gathered along roadside to cheer for the brave act. A reporter from Tianjin Daily counted 8 vehicles damaged in half hour, and he saw more old men joined the act. Still many cars ignored the traffic lights. The moment a brick flying to a car, loud cheering broke out from the crowd.

The seventy years old gentleman told the reporter he had several near miss when crossing the street. Many drivers just ignore the traffic lights and the police never paid attention to his complaint.

Three hours later around 10 pm, police from the Dunhuang Road Station came to the scene and told the old man to stop.



Three days earlier eight hundred miles down south in city of Nanjing, thousands of people gathered at an busy roadside to mourn six pedestrians who were killed by a drunk driver on June 30. Among the victims was a pregnant mom, whose near full term fetus was popped out by the impact. The driver a wealthy businessman was driving a car owned by a state prosecutor. The driver fled the scene but was stopped by a taxi who witnessed the crime. When interviewed by a reporter by phone (recorded), the prosecutor said, quote, 'who cares several lives lost, nothing can't be paid with money'.

Update: a follow-up report on July 11 on the Lanzhou case said no charge had been filed by police, and no owner of damaged vehicles had approached for compensation.

Victim of Nanjing Massacre Won Lawsuit

Xia Shuqin, a survivor of Nanjing massacre, when 400 thousands Chinese civilians of then Chinese capital city Nanjing were killed by Japanese invasion, won a lawsuit against the writer and publisher of Japanese book 'A Thorough Examination of Nanjing Massacre' on slander. The Japanese Supreme Court ruled in favor of Xia. Her lawyer received 4.5 million Yen.

Calabash Monk in Nanjing

In Chapter Four of the ancient Chinese classic "The Story of the Stone", a calabash monk in Nanjing presided a case made an absurd ruling to please powerful officials. A recent case in Nanjing presented us a living calabash monk, Judge Wang Hao of the Gulou District People's Court.

The case is about an incident happened in downtown Nanjing, near a bus station. The plaintiff, the accused, the witness and the police gave conflicting accounts of what happened on Nov 20, 2006. What has been recognized by all parties is that a young man, Mr. Peng Yu, helped an old lady, Ms. Xu Shoulan, who was found lying on the ground near at a bus station to the hospital. Their memory differs from this point:

Mr. Peng Yu, the accused: I saw an old lady lying on the ground with painful expression when I got off Bus route 83. I walked to the lady to check out her condition. With help from other people, I moved the old lady to a safe place, and notified her family. After arriving the scene, the old lady's son asked me help to escort the old lady to hospital, because he's afraid he couldn't handle by himself. He also said he didn't bring much cash with him, and borrowed $30 for doctor's fee and examine fees etc. Doctors examined the old lady's legs, and told her it's a serious and costly problem. All in a sudden, the old lady grabbed me and said, 'You bumped me young man, and you should pay'.

Ms. Xu Chuanlan, the old lady and the plaintiff: I was trying to catch a bus, when bumped by Mr. Peng as he rushed out from another bus.

Chief Lu, the Chengzhong police station: Mr. Peng admitted he bumped somebody when we investigate the dispute on the same the incident happened.

Mr. Peng: I never admitted I bumped into anybody. We can check the original deposition on record in the police station.

Chief Lu: The original document was lost, but we had an unsigned version, which I took a picture with my own cell phone.

Mr. Peng: That's not the original document that I signed, you forged the document! Wait a minute, the Exif data of the picture showed it could not be taken with your cell phone.

Chief Lu: ......
(laster it was revealed by reporters, the pictures were produced by the old lady's son, a police officer working for the No. 8 division of Nanjing Police Department)

Mr. Chen Erchuan, the witness: I was walking that direction when I saw an old lady rushing from bus No. 3 to bus No. 2. Then she collapsed to the ground at the tail of the bus. Then I saw Mr. Peng walked to the lady from the bus. I also approached to help. The old lady thanked Mr. Peng and me for the help. Also she acknowledged at the scene that none of us had anything to do with her collapse.

The old lady: I have never seen this man before in my life. He was not at scene that day.

The witness: Oh my God, I have no interest with either of you, why would I bother to lie? You thanked me for the help that day! Do you remember you asked me to call your son from the scene to tell him you had an accident?

The son, a police officer: I have never talked to this man. By the way, I don't even recognize the number he said he called.

The witness: this is my cell phone bill printed by the telephone company.
(The witness called the number, which is listed on the bill as being dialed at the time when the incident happened. Sure enough, the son's cell phone rang)

Mr. Wang Hao, the judge: I have made the verdict: Although I can't find enough useful evidents, but the case is clear to anyone with common sense. If Mr. Peng didn't bump the old lady, why would he help her in the first place? Common sense told us the best thing for anyone at an accident was to get away from the wounded person ASAP. Mr. Peng not only helped the old lady at the scene, he even assisted her son to get her to the hospital, and borrowed his son $30 to pay the examinations. What an absurd and ridiculer behavior if it was not him who had caused the accident? Therefore, Mr. Peng must be the one who caused the old lady's injury. Therefore, he should pay the old lady $6000 for medical bill, sufferings and mental distress.

This case is an example of how privileged few play the legal system to take advantage common people, even when this common people is a high profile good Samaritan with solid backup from independent witnesses. To fight against the malicious allegations, Mr. Peng's lawyers asked the local police station who took the initial depositions for copies of the depositions. At first, the police station said the depositions were lost. Given the obsessed enthusiasm in document collecting of Chinese police forces, this is one of the most bazaar excuse of loosing an official deposition. Innovative maybe, but less convincing then dog-eat-my-homework excuse used by grade school pupils. Then, before the final debate, the police chief presented a cell phone photo, which he alleged having taken with his own cell phone before the critical deposition vapored in his station. The Seagull lost his jaw on this behavioral art level perjury attempt. There are hundreds of ways to back up a Word document file, such as copying to another file, sending to another EMail account, writing to a USB thumb drive, burning a CD/DVD, uploading to a server, printing to a printer, etc, etc. The police chief took cell phone photos to back up his own file on his own computer! Did GEICO just open a new branch in Nanjing and sent in the Caveman? However, this is not the reason why people are angry on the verdict made by Judge Wang Hao.

It is certainly not expected, nor is it acceptable for one of the party involved in a civil case to lie. However, it's up to the judge to sort out truth and lies. Unfortunately, Judge Wang Hao bowed to the police officer son of the plaintiff, at the cost of punishing a high-profile good Samaritan.

According to Article 69 of the Civil Procedure Law of China, a piece of materials can not be admitted as an evident if it fails any of following tests:
1) Testify made by underage that does not match ones age and intelligence;
2) Testify made by a party has an interest in one party or its agent;
3) Doubtful video and audio materials;
4) Duplicates or duplications that can't be matched to originals;
5) Testify made by a witness who can't show up in the court with proper reasons;
The critical evident that the judge relied on to make the controversial ruling fits prohibited tests 2,3,4 and 5. Even after the media revealed that the police chief and the son of the old lady forged the document together, the judge admit this as evident while ignored testimonies made by the only witness.

Having had the police forged the deposition to connect Mr. Peng to the accident, the judge Wang Hao doctored the witness's deposition himself. The witness said on record that he saw the old lady on the ground, then he saw Mr. Peng getting off the bus, and approached the old lady to help. The judge changed it to "the witness saw the old lady on the ground and saw Mr. Peng was helping her."

People was shocked not only on the reality that the court and the police played the system to take advantage of a common people, but also the fact that this was done under the spotlight of media attention. Chinese people recognize senior officials historically enjoy favorable treatment by legal system. However, they can not be comforted by the fact that a normal police officer's connections in the legal system out weighted all the otherwise crystal clear evidents. Furthermore, people are scared on the thought that they would be left alone on the street someday should any misfortune happened.

It wouldn't be a total surprised when Nanjing residents read the story reported by a local newspaper, Nanjing Modern Express on Sept 7, 2007. An 80 years old plunged into a muddy pot near Hebei Street around 9 o'clock in the morning. Legs shaking in the mud, the old man couldn't get up by himself. Although many people observed in distance, nobody approached the old man. It was not until 10 minutes later, when a Mr. Chen passed by and helped the old man stand up. If you read the verdict of the aforementioned case, you would understand why people are hesitated to help. Even if you just made a phone call to the medical service or the police, Judge Wang Hao might hold you responsible for the suffering or mental distress of the old man, if he also happened to have a son being an police officer.

After the sentencing, besides an outraged online community, many newspapers joint the chanting of denouncing the judge and the sentence. Among the total of 21 newspapers carried the story (found through Google News links), not even one of them support the sentence, and every one of them proclaim the sentencing a justice failure and moral disaster:

新京报：《有人摔倒，你扶不扶？》
大河报：《法院判决依据是法理还是常理？》
新快报：《帮人反被法院判赔4万？》
云南日报：《武断的“常理”让人胆战心惊》
河北日报：《 “影响性诉讼”要注意影响》
南方日报：《司法判决应当依据什么常理？》
羊城晚报：《见人跌倒你别扶？》
钱江晚报：《拍"案"惊奇：良知的证明还是阿Q的逻辑》
金陵晚报：《输了官司彭宇哭了 法院一审判决认定非见义勇为》
法制晚报：《彭宇撞老太太案 能依推理判案吗》
齐鲁晚报：《法律不能逼人当“小人”》
山西晚报：《按“常理”判决是对法律原则的颠覆》
南宁晚报：《判案依据常理，还是依据法理？》
潇湘晨报：《公众表达：法官的“情理”和“常理”很可怕》
河南商报：《判决书讲法理而非常理》
东南快报：《男子扶起摔倒老太反被告》
东方今报：《搀扶摔伤老人反被诬告索赔 法院判他赔偿45876元》
北京青年报：《彭宇一审败诉与可疑的自由心证 》
海峡都市报：《老妇摔倒 你还敢不敢扶?》
南方都市报 ：《彭宇：以后还有谁敢做好事》
珠海特区报：《当常理越来越不像常理》

Developer in Nanjing Stripped Nuns

Two nuns who lived in a Buddhism temple were stripped and thrown out of the Five Goddess (Wu Xian) Temple in the Jiangning District around 12:20 am April 28th, 2007 by a Nanjing real estate developer. Scriptures and statues were destroyed and the nuns were stripped and mocked. The developer demanded the temple for commercial development, but the two nuns did not agree. No one has been charged for the incident.

No place is safe in China from brutality of commercial developers, not even a temple.