Lin Qilei: Report Series on the Second Instance of Citizen Li Xiangyang's Obstruction of Official Business Case — Complaint Filed as Linyi Intermediate Court Refuses to Recognize Lin Qilei as Defense Counsel

According to the provisions of Article 33 of the Criminal Procedure Law, during the second instance stage of Li Xiangyang's obstruction of official business case, Lin Qilei, in the capacity of a relative/friend of Li Xiangyang, submitted entrustment documents to the second-instance court, Linyi Intermediate People's Court, applying to serve as defense counsel.

Under circumstances where the second-instance court verbally informed that it did not recognize Lin Qilei's qualification as a defense counsel and refused to issue written legal documents, Li Xiangyang and Lin Qilei, as co-complainants, filed a complaint according to law with the Linyi People's Procuratorate, the Discipline Inspection and Supervision Department of Linyi Intermediate People's Court, and the President of the court, against the judge in charge of the case and the collegial panel.

【Appendix I】

Brief Introduction of Li Xiangyang

Li Xiangyang, a native of Yishui County, Shandong Province, has continuously reported problems, fought against corrupt forces for many years, and voluntarily strived for the rights and interests of the general public. In recent years, due to promoting the investigation and handling of the toxic chemical fertilizer case, he has become a thorn in the side of the stakeholders behind the toxic chemical fertilizer.

On September 9, 2025, during the stay of the Shandong Provincial Inspection Group in a hotel in Yishui, plainclothes interceptors claiming to be "holding a wedding banquet in the hotel" surrounded and beat him; corrupt forces used this incident to frame him for "obstruction of official business." After being detained for 148 days, Li Xiangyang received a first-instance judgment of "convicted but exempted from criminal punishment."

Li Xiangyang, dissatisfied with the guilty verdict, filed an appeal with the Linyi Intermediate People's Court.

【Appendix II】

Complaint for Supervision of Trial Activities

Complainant 1: Li Xiangyang, male, Han ethnicity, ID number: 37282719620919371X, address: No. 62 Yanshi Road, Cuijiayu Town, Yishui County, Linyi City, Shandong Province, contact number: 13655494031, defendant in the second instance of Li Xiangyang's obstruction of official business case.

Complainant 2: Lin Qilei, male, Han ethnicity, ID number: 410621197011171570, place of origin: Xun County, Henan Province, contact number: 13366227598, entrusted relative/friend defense counsel for Li Xiangyang's second-instance trial.

Accused: Wu Honglin, the judge in charge of the case in the Criminal Division of Linyi Intermediate People's Court, Shandong Province, and other members of the collegial panel

Demands of the Complaint

We respectfully request the Linyi People's Procuratorate, the Discipline Inspection Committee of Linyi People's Court, and the President of Linyi Intermediate People's Court to perform their statutory duties of supervising trial activities in accordance with the law:

1. Supervise and correct, in accordance with the law, the illegal acts of the Linyi Intermediate People's Court of Shandong Province in verbally prohibiting defense counsel Lin Qilei from appearing in court and refusing to issue a written decision;

2. Order the Linyi Intermediate Court to make an official written response as to whether Lin Qilei is permitted to serve as the defense counsel for the second instance of this case, and to state the statutory reasons;

3. Urge the court to safeguard, in accordance with the law, defendant Li Xiangyang's legal right to entrusted defense and the right to litigation relief during the second instance stage, so as to ensure a fair trial of the case.

Facts and Reasons

I. Basic Process of the Case

The complainant, Li Xiangyang, was surrounded and beaten by plainclothes personnel who claimed to have "booked the hotel for a wedding banquet" when he was submitting materials to the Provincial Party Committee Inspection Group stationed at the Yishui Grand Hotel. The complete on-site video material can fully restore the facts of the incident, proving that Li Xiangyang did not commit any illegal or criminal acts of obstructing official business.

But Yishui County public security, procuratorate, and court handling personnel, including Wu Yuanping and Geng Shunda, ignored the objective video evidence and made a guilty verdict against Li Xiangyang. Li Xiangyang, dissatisfied with the first-instance perversion of the law judgment, filed an appeal with the Linyi Intermediate People's Court in accordance with the law. The judge in charge of the second instance of the case is Wu Honglin.

II. Legality of the Entrustment of Defense Counsel

According to the clear provisions of Article 33 of the Criminal Procedure Law, relatives and friends of the defendant may be entrusted as defense counsel in criminal cases in accordance with the law.

At the same time, Article 37 of the Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China clearly stipulates that where a defendant entrusts a guardian, relative, or friend to serve as a defense counsel, the people's court only has the duty to verify the identity certificate of the defense counsel and the power of attorney, and has no right to arbitrarily refuse or deny the qualification of the relative/friend defense counsel to appear in court without cause.

In this case, the defendant Li Xiangyang voluntarily entrusted his relative/friend Lin Qilei to serve as his second-instance defense counsel. Lin Qilei is in good health, has not been deprived of or restricted in his personal freedom, and does not have statutory circumstances that prohibit him from serving as a defense counsel, such as being dismissed from public office or having his practice certificate revoked. His main qualification is legal, and the entrustment procedures comply with regulations; therefore, he should be recognized by the people's court according to law.

III. Linyi Intermediate Court and the Judge in Charge Illegally Deprived the Party of the Right to Defense

On August 17, 2026, the defendant Li Xiangyang received a phone call from the Linyi Intermediate People's Court of Shandong Province and was verbally informed: the court does not recognize and does not permit Lin Qilei to appear in court to participate in the litigation as the defense counsel for the second instance of this case.

This verbal notification involves two serious illegal situations:

1. No statutory reason: The court only verbally refused the defense counsel's appearance in court without explaining any statutory reasons for disapproval, such as inconsistent identity, exceeding the number of defense counsels, conflict of interest, or unqualified defense. This belongs to the act of illegally restricting the right of defense without any basis;

2. Refusal to issue written documents, depriving the right to relief. The defendant Li Xiangyang clearly requested the court on the spot to issue a written ruling or official notice of disapproval for the defense counsel to appear in court, so as to seek judicial relief according to law. However, the Linyi Intermediate Court and its handling personnel have ignored the request and refused to issue any written documents to this day.

IV. Duties of Trial Supervision in Accordance with the Law

According to the relevant provisions of the Rules of Criminal Procedure for People's Procuratorates, the people's procuratorates shall supervise all trial activities of the people's courts in accordance with the law. They have the right to put forward opinions for correction and urge rectification in accordance with the law regarding illegal situations in the court's trial process that violate statutory procedures or infringe on the parties' litigation rights, so as to maintain the procedural fairness of criminal litigation and the legitimate litigation rights of the parties.

According to Articles 30 and 43 of the Judges Law, the Organic Law of the People's Courts, and Articles 16 and 17 of the Provisions on the Procedures for the Disciplinary Work of Judges (Trial), for judges' violations of laws and discipline, supervisory departments such as the court's discipline inspection committee, as well as the president, should initiate internal inspection and error correction procedures upon discovering that trial activities violate the law.

In summary, in order to safeguard the dignity of the law, correct illegal judicial behaviors, and guarantee the legitimate litigation rights of the complainants, we hereby file a complaint, respectfully requesting the exercise of trial supervision powers in accordance with the law to ascertain the facts, correct illegal acts, and issue written processing results in accordance with the law to maintain judicial justice!

To

Linyi People's Procuratorate

Linyi People's Court

Zhu Haijian, Secretary of the Party Leadership Group and President of Linyi People's Court,

Complainant: Li Xiangyang

Complainant: Lin Qilei

August 25, 2026