无锡梁亮案旁听记｜如临大敌的锡山法院
作者：旁听人员L
Wuxi Liang Liang Case Trial Observation | The Xishan Court on High Alert
2023年7月24日，梁亮等人涉嫌组织、领导传销活动罪案，在江苏无锡锡山区法院开庭审理。
On July 24, 2023, Liang Liang and others were suspected of organizing and leading pyramid scheme activities, and the case was brought to trial in the Xishan District Court in Wuxi, Jiangsu.
在去法院旁听的路上，发现锡山区法院周边拉起警戒线，各路口遍布警察，有交警来回走动维持交通，甚至森林警察被调至执勤。经过长长的临时安检通道、四道安检程序后才进入法院。观察审判楼内各法庭后发现同时间内无其它庭审，这注定不是一个普通的庭审！
On the way to the court for the trial observation, I noticed that the area around the Xishan District Court was cordoned off, with police officers stationed at every intersection, traffic police patrolling back and forth to maintain traffic, and even forest police being called in for duty. After going through a lengthy temporary security check channel and four security screening procedures, I was finally able to enter the court. Observing the various courtrooms within the courthouse, I noticed that there were no other trials taking place at the same time. This was destined to be no ordinary trial!
为本案特意架设的安检通道。锡山区法院为本案特意架设临时安检通道，该通道由约一百米长的航架架设而成，由法院门口沿围墙通至另一条街道，通道入口设立安检点，通道里面放置大型冰块降温。进入法院人员需先在安检点接受检查，进入通道步行至法院门口的安检点，再次接受检查后进入法院安检室，在安检室内接受检查后进入法院，入法庭前再次接受安检。
A security check channel specifically set up for this case. The Xishan District Court specially constructed a temporary security check channel for this case. The channel, made up of a framework approximately one hundred meters long, extends from the courthouse entrance along the wall to another street. A security checkpoint is set up at the entrance to the channel, and large blocks of ice are placed inside the channel to cool it down. Those entering the court must first be inspected at the security checkpoint, then walk through the channel to the security checkpoint at the courthouse entrance. After being checked again, they enter the court’s security room for further inspection, and then enter the courthouse, undergoing yet another security check before entering the courtroom.
令人不解的是，锡山区法院有什么权利在围墙外面架设临时安检通道？根据《城市市容和环境卫生管理条例》(国务院令第101号) 第十四条的规定：“任何单位和个人都不得在街道两侧和公共场地堆放物料，搭建建筑物、构筑物或者其他设施。因建设等特殊需要，在街道两侧和公共场地临时堆放物料，搭建非永久性建筑物、构筑物或者其他设施的，必须征得城市人民政府市容环境卫生行政主管部门同意后，按照有关规定办理审批手续。” 《江苏省城市市容和环境卫生管理条例》 第十四条规定：“任何单位和个人不得擅自在街道两侧和公共场地堆放物料，搭建建筑物、构筑物或者其他设施。因建设等特殊需要，在街道两侧和公共场地临时堆放物料、搭建临时设施的，应当征得市容环卫管理部门同意，并按照国家有关规定办理其他审批手续。”
What is puzzling is what authority the Xishan District Court has to set up a temporary security check channel outside its walls? According to Article 14 of the ‘Regulations on Urban Appearance and Environmental Sanitation Management’ (Order №101 of the State Council): ‘No unit or individual shall pile materials, build buildings, structures, or other facilities on both sides of the streets and public places. For temporary storage of materials, erection of non-permanent buildings, structures, or other facilities for construction or other special needs on both sides of the streets and public places, consent must be obtained from the urban administrative department in charge of urban appearance and environmental sanitation, and the approval procedures shall be carried out according to relevant regulations.’ Article 14 of the ‘Jiangsu Province Regulations on Urban Appearance and Environmental Sanitation Management’ stipulates: ‘No unit or individual may pile materials, build buildings, structures, or other facilities on both sides of the streets and public places without authorization. For temporary storage of materials or erection of temporary facilities on both sides of the streets and public places for construction or other special needs, consent must be obtained from the department in charge of urban appearance and environmental sanitation management, and other approval procedures shall be carried out in accordance with relevant national regulations.
不知道锡山区法院有没有搭建审批手续，如果没有，显然是违规建筑，应当立即拆除并依法追究相关人员责任。
It is unclear whether the Xishan District Court has gone through the required approval procedures for the construction. If not, it is evidently an unauthorized construction and should be immediately dismantled, and those responsible should be held accountable according to the law.
脱鞋安检，防什么呢？旁听人员进入法院安检室内后，被要求脱鞋检查，比机场安检都严格，有什么必要？脱鞋后大家共用一双拖鞋，染上脚气怎么办？
What is the purpose of shoe removal during security checks? After entering the court’s security room, observers were required to remove their shoes for inspection, a procedure even more stringent than airport security checks. What is the necessity of this? After removing their shoes, everyone shared a pair of slippers. What if someone contracts athlete’s foot?
专为梁亮案购置的新储物柜。法院安检室内由一个存储物品的柜子，保护膜都没有撕掉，显然是新购置的，猜测是专门为梁亮案而购。
A new storage cabinet specifically purchased for the Liang Liang case. Inside the court’s security room, there is a storage cabinet for personal belongings. The protective film has not been removed, clearly indicating that it’s newly purchased. It is speculated that it was specifically acquired for the Liang Liang case.
不让带手机进法院。旁听群众都需要把手机存放在安检室的柜子中，我想问的是，哪条法律规定不能带手机进法院，谁给锡山区法院这样的权力？
Mobile phones are not allowed in the courthouse. Observers are required to store their mobile phones in the cabinets in the security room. What I want to know is, which law stipulates that mobile phones cannot be brought into the courthouse, and who gave the Xishan District Court this authority?
最高人民法院《人民法院司法警察安全检查规则》第十三条的规定：“除经人民法院许可，下列物品不得携带进入诉讼场所：（一）枪支、弹药、刀具以及其他具有杀伤力的器具；（二）易燃易爆物、疑似爆炸物；（三）放射性、毒害性、腐蚀性、强气味性物质以及传染病病原 体；（四）非急救类药品、液体及肢状、粉末状物品；（五）标语、条幅、传单；（六）其他可能危害诉讼场所安全或者妨害诉讼秩序的物品。《人民法院法庭规则》第十七条规定：“全体人员在庭审活动中应当服从审判长或独任审判员的指挥，尊重司法礼仪，遵守法庭纪律，不得实施下列行为：(一)鼓掌、喧哗;(二)吸烟、进食;(三)拨打或接听电话;(四)对庭审活动进行录音、录像、拍照或使用移动通信工具等传播庭审活动。”
Article 13 of the “Rules for Security Checks by Judicial Police of the People’s Court” issued by the Supreme People’s Court stipulates: “Unless permitted by the People’s Court, the following items may not be brought into the litigation venue: (1) firearms, ammunition, knives, and other lethal weapons; (2) flammable and explosive materials, suspected explosives; (3) radioactive, toxic, corrosive, and strong-smelling substances, as well as pathogens of infectious diseases; (4) non-emergency medications, liquids, and limb-shaped or powdery substances; (5) slogans, banners, leaflets; (6) other items that may endanger the safety of the litigation venue or disrupt the order of litigation. Article 17 of the “People’s Court Courtroom Rules” stipulates: “All personnel during court hearings shall obey the commands of the presiding judge or sole adjudicator, respect judicial etiquette, abide by courtroom discipline, and shall not engage in the following actions: (1) clapping, shouting; (2) smoking, eating; (3) making or receiving phone calls; (4) recording, filming, photographing or using mobile communication tools to broadcast court hearing activities.
法庭规则没有禁止带手机入法庭，只是规定不许拨打或接听电话，录音录像拍照等等。法无授权不可为，锡山法院不让旁听人员携带手机进入法院，违法！
The courtroom rules do not prohibit bringing mobile phones into the courtroom; they only stipulate that making or receiving phone calls, recording, filming, photographing, etc., is not allowed. What is not authorized by law cannot be done. The Xishan District Court’s prohibition against observers bringing mobile phones into the court is unlawful!
旁听室空荡荡，却不让群众进入。本案庭审在一楼审判庭进行，带有旁听席，约有六十多个座位，尚未坐满。同时，法院在二楼设置视频旁听室，旁听座位约有五十个，仅稀稀拉拉坐了不到十人。也就是说，旁听席位充足，然而，法院外面却有多名群众未被允许入内旁听，无论怎么申请都无济于事，甚至多名要求旁听的群众直接被警察带到了派出所。显然，锡山法院的行为严重侵害人民群众的旁听权，严重违反宪法、刑事诉讼法的规定。
The observation room is empty, but the public is not allowed to enter. The trial for this case took place in the courtroom on the first floor, which has a public gallery with over sixty seats, not yet filled. At the same time, the court set up a video observation room on the second floor, with about fifty seats, sparsely occupied by fewer than ten people. In other words, there were plenty of seats available for observing the trial, yet several members of the public were not allowed inside to observe, and no matter how they applied, it was in vain. Some who requested to observe were even taken directly to the police station by the police. Clearly, the actions of the Xishan District Court have seriously infringed on the people’s right to observe the trial and are in severe violation of the provisions of the Constitution and the Criminal Procedure Law.
这是把人民当敌人对待？这样对待本案诉讼参与人、旁听人员，哪像一个法院的样子？哪有公正审理的样子？
Is this treating the people like enemies? Treating the participants and observers of this case in such a way, does this resemble the behavior of a court? Where is the appearance of a fair trial?
