24.07.12 17:50 Age: 12 yrs
The Beijing News:A lawsuit against Japanese Government Filed by Chinese Lawyer to Confiscate its Contributions of Purchasing Diaoyu Islands
As referred to the Diaoyu Islands contention, the Beijing Lawyer Hao Junbo submitted the indictment to the Beijing Higher Court, he thought that the Japanese government and Tokyo Metropolitan Government had prejudiced sovereignty and territorial integrity , and required the defendants to apologize and the Chinese government shall confiscate the contributions
Japan’s Purchase of Diaoyu Islands has Incurred the Lawsuit Filed by Chinese Lawyer
Hao Junbo, who is the lawyer of LEHMAN Law Firm, had agented for Chinese citizen for collective action relating to international air crash , securities and assault . This time, he shall sue Shintaro Ishihara and Japanese government
At about 9am on 19 July,2012, Hao Junbo went to the case-filing Tribunal of Beijing Higher Court to submit the materials. At the gate of the court, the moment that he took out the indictment , lots of passengers were attracted and began to discuss with him.
Hao Junbo thinks that, the Diaoyu Islands are the inherent territory of China, however, Shintaro Ishihara ,as an official of Japanese local government, launched the activity of purchasing Diaoyu Islands on 16,April 2012, and then the Japanese government announced that it shall purchase the islands and make them nationalized . Therefore, he filed this lawsuit.
Hao Junbo said that, he aims to communicate the information to Japan and hope that Shintaro Ishihara shall cease his act. If he won the case, he would be entitled to apply for compulsory execution by Chinese court. In addition, he may apply for preventing Shintaro Ishihara from leaving China until Shintaro Ishihara meet his requirements.
Japanese Government infringes upon his three rights
According to the indictment, Hao thought that the defendants had infringed upon his sovereignty and territorial integrity, property rights such as his propriety to the Diaoyu Islands and related waters, and his rights of reputation and fame as a Chinese citizen
Furthermore, he interpreted that, according to Article 2 of the Constitution of China, all the rights of China belong to the citizens, therefore , he ,as a citizen of China , enjoys the aforesaid rights.
Considering all these, Hao requires the court to judge that the defendants should cease their acts and make a public apology , confiscate the contributions to serve as capital for China to develop the Diaoyu Islands and the citizen’s travel , and the litigation fee shall be borne by the defendants
At about 9:30am on 19 July 2012, Hao entered into the court and submit the indictment , identification card and relevant materials to the case-filing Tribunal of Beijing Higher Court. The relevant personnel read and received them , and agreed that they shall get in touch with Hao and make a reply.
According to the Civil Procedure Law, when a people’s court receives a motion of complaint or an oral complaint and finds the complaint meets the requirements of a civil lawsuit after reviewing the complaint, the court shall accept the case within 7days and notify the parties involved; if the complaint does not meet the requirements of a civil lawsuit, the court, shall , within 7days, make a ruling to reject the complaint . If the plaintiff does not agree with the ruling, he may appeal .
