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The author:(作者)delvpublished in(发表于) 2014/1/2 8:37:35 Hebei zhongxing sued the Guangdong Public Security Bureau have continued： the Court of final appeal dismissed its appeal
People's daily (by staff reporter Zhang shuling) yesterday, "explosion in capital 7·20" accused the star lawyer Liu Xiaoyuan, Guangdong provincial higher people's Court received award, star sued the public security Department of Guangdong province's case be dismissed the appeal.
On January 1, Liu Xiaoyuan, received the administrative decisions of the High Court in Guangdong. The ruling says, Hebei zhongxing vs Guangdong PSB Government information publicity of administrative dispute case, appealed against the administrative rulings of the Guangzhou intermediate people's Court, appealed to the Guangdong high people's Court in Guangdong high people's Court formed a collegiate bench to examine the case in accordance with law, is now reviewing to an end.
The ruling for the Court of final appeal ruling. Award, administrative law enforcement and criminal investigation by public security organs serve double duty. In this case, applications expose their stars to the Guangdong Provincial Public Security Bureau was beaten to disability case review concluded, about alien assault maimed by vigilantes in the criminal investigation of the case, belongs to the public security organ's criminal investigation behavior, not part of the administrative act. For criminal investigation agencies in the course of criminal investigation information formed, stars as victims of criminal cases in Hebei province, according to the relevant legal provisions, to the relevant authorities to apply to receive, but the resulting disputes, is not part of Government information openness regulation adjustment range. Star appeals dismissed, maintaining the lower court ruling in the first instance.
It is understood that the "capital explosion" occurred, the Government of Dongguan city, Guangdong Provincial Public Security Bureau said in a media interview, "capital explosion" star in houjie town, Dongguan, xintang village assault maimed by local vigilantes to reinvestigate the case, Dongguan Public Security Bureau after the assault on disability case is a criminal case. But up to now, the star and his family was not able to obtain case review concluded.
≫> merits a playback
On August 1, 2013, the Hebei zhongxing delegate Liu Xiaoyuan, apply to the Office of the Guangdong Public Security Bureau was beaten to disability case review concluded that expose their complaints. On September 12 of that year, the Guangdong Provincial Public Security Department response said that the information requested is not part of the Government information Government information within the meaning of the Ordinance. Hebei zhongxing believes that its request did not involve State secrets or personal, and intertwined with its life, even a review in a criminal case, is also required by law to provide it publicly. V to Guangzhou intermediate people's Court in Guangdong Province Public Security Bureau. The Guangzhou intermediate people's Court of first instance found no support in the star's claim. Hebei zhongxing refuses, they appealed to the Guangdong high people's Court, application exposes its own conclusions in Dongguan, Guangdong Province was beaten to disability case review, and Sue Guangdong high people's Court withdrawing the trial ruling and ordered the lower court to entertain the case.
(Original title: star sued the Guangdong Public Security Department were dismissed in Hebei province)
京华时报讯(记者张淑玲)昨日，“首都机场7·20爆炸案”被告人冀中星律师刘晓原收到广东省高级人民法院裁定书，冀中星状告广东省公安厅一案被驳回上诉。
1月1日，刘晓原收到了广东高院的行政裁定书。该裁定书称，冀中星因诉广东省公安厅政府信息公开行政纠纷一案，不服广州中院行政裁定，向广东高院上诉，广东高院依法组成了合议庭对该案进行审查，现已审查终结。
该裁定为终审裁定。裁定书称，公安机关负有行政执法与刑事侦查双重职责。该案中，冀中星向广东省公安厅申请公开其被殴打致残案进行复查的结论，有关冀中星是否被治安队员殴打致残刑事案件的调查，属于公安机关的刑事侦查行为，不属于行政行为。对于刑事侦查机关在刑事侦查过程中形成的信息，冀中星作为刑事案件受害人，可以依据相关法律规定，向有关部门申请获取，但因此产生的纠纷，不属于政府信息公开条例的调整范围。故驳回冀中星上诉，维持原审法院一审裁定。
据了解，“首都机场爆炸案”发生后，东莞市政府、广东省公安厅曾在接受媒体采访时表示，要对“首都机场爆炸案”冀中星在东莞厚街镇新塘村被当地治安队员殴打致残案重新调查，后东莞市公安局对该殴打致残案还进行了刑事立案。但直至目前，冀中星及其家人仍无法获知案件复查结论。
>>案情回放
2013年8月1日，冀中星委托刘晓原向广东省公安厅申请公开其投诉的被殴打致残案复查结论。同年9月12日，广东省公安厅回复称该申请信息不属于政府信息公开条例所指的政府信息。冀中星认为其要求既不涉及国家秘密，也不涉及个人隐私，且与其生活密切相关，即便是以刑事立案进行复查，也须依法向其公开。故将广东省公安厅诉至广州中院。广州中院一审裁定没有支持冀中星的诉求。冀中星不服，便向广东高院提出上诉，申请公开自己在广东东莞被殴打致残案的复查结论，并诉请广东高院撤销原审裁定，判令原审法院受理该案。
(原标题：冀中星状告广东公安厅被驳回)
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