In Shandong Province’s Linyi City, a 55-year-old female farmer named Yang Baohua has raised questions regarding a judge’s sentencing, saying, “Why such a lenient judgment? If it were your husband who was attacked, would you pass the same verdict?” She further added, “Whoever made this judgment has no conscience.” As a result, she was heavily fined 100,000 yuan and detained for 15 days by the court, sparking widespread controversy.
In June this year, Yang Baohua, a 55-year-old farmer from Linyi City, Shandong Province, received a criminal and civil court verdict (with her husband as the plaintiff) that she disagreed with. She went to the Linyi Economic Development Zone Court to confront the judge in charge, named Yu, leading to a verbal dispute between the two parties.
On that day, Yang received a 100,000 yuan fine from the court and was simultaneously detained for 15 days.
On June 18th around 6 pm, Yang’s daughter transferred a total of 100,000 yuan to the Linyi Economic Development Zone Court. The next day, Yang was released from detention.
The sequence of events is as follows:
Yang’s husband, Wang Yong, is a resident of Zhong Honghu Village in Hemdistrict, Linyi City. In 2023, Wang Yong had a dispute with fellow villager Sun Yunsheng and was injured by a sledgehammer wielded by the latter. Wang Yong’s injuries were assessed as second-degree light injuries.
On June 3rd of this year, the Linyi Economic Development Zone Court issued a first-instance judgment sentencing Sun Yunsheng to three months’ imprisonment and ordering him to compensate Wang Yong for his losses, totaling 25,390.69 yuan.
Yang Baohua told “China News Weekly” that she believed the court’s punishment towards Sun Yunsheng was too lenient. Therefore, one morning in June, she confronted the judge in the Linyi Economic Development Zone Court to express her dissatisfaction.
“I asked her: Why was the judgment towards the defendant so lenient? If your husband was injured like this by someone else, would you still pass the same judgment?” Yang Baohua admitted that she was “emotional at the time, so her voice was loud” and also remarked, “Whoever made this judgment has no conscience.” However, she denied “insulting or abusing” the judge.
According to Yang Baohua, she was escorted out of the execution hall by several court police officers after expressing her discontent. On that day, the Linyi Economic Development Zone Court issued fine and detention orders against Yang Baohua.
Both the fine and detention orders stated that Yang Baohua insulted and verbally abused court staff, displaying extremely bad behavior that severely impeded the court’s normal criminal litigation activities.
The basis for the Linyi Economic Development Zone Court’s decision to fine and detain Yang Baohua is Article 199 of the Criminal Procedure Law.
The law stipulates that during court proceedings, if parties or spectators violate courtroom order, the presiding judge should issue warnings to stop such behavior. Those who persist may be forcibly removed from the court; for serious cases, a fine of up to 1,000 yuan or detention of up to 15 days could be imposed. Approval from the court president is required for fines or detentions. Those penalized who disagree with the decision can apply for reconsideration to the higher court.
On September 16th, the “China News Weekly” consulted with the judge in charge of the case, Yu, regarding Yang Baohua’s actions and subsequent reconsideration in the court’s execution hall. Yu mentioned, “Further handling of this incident needs to wait for investigation results. I am not very clear about it now.”
The proxy lawyer in this case believes that the punishments imposed by the Linyi Economic Development Zone Court are clearly problematic. Yang Baohua argued with the judge in the execution hall after the judgment was made, not during the trial process. Therefore, it does not constitute a violation of courtroom order.
Yang Baohua’s statement, “Whoever made this judgment has no conscience,” led to a 100,000 yuan fine and 15 days of administrative detention, sparking significant controversy.
An editor and Weibo influencer, “Shi Wei Weibo,” wrote, “Husband compensated 25,000 for being injured with a sledgehammer, wife fined 100,000 for criticizing the judge. This contrast is bewildering. Is the harm caused by verbal abuse four times worse than a sledgehammer injury? Some judges are too arbitrary! Is this law or a tantrum? Is this private justice or national law?”
A finance blogger and Weibo influencer, “LinghuchongBenChong,” stated, “According to the Constitution, people have the right to harshly criticize any public official. The court and the law are not the judge’s private property. Judicial activities at all levels must operate under effective supervision. Judicial personnel who play fast and loose with false laws, neglect their duties, make wrongful judgments, and oppress the people should be strictly and severely dealt with.”
Finance blogger “Touji” commented, “In just three short lines, it’s filled with the powerlessness of the lower-class people. The husband was compensated 25,000 and sentenced to three months after being injured with a sledgehammer, already a huge controversy; the wife sought justice and was heavily fined 100,000 and detained for 15 days!”