美国《科学》:医生袭击批评者案在北京宣判
郝炘 2001年10月12日
(羽矢翻译)
10月10日,北京一家当地法院经迅速审理后,判决袭击两位著名中国学术诚信倡导者的泌尿科医生肖传国有罪。
肖传国是中国武汉的华中科技大学附属协和医院泌尿科主任。他因所犯罪行而被判处5个半月拘役,其同案犯则被判处1个半月到5个半月不等的拘役。据中国媒体报道,肖的律师针对“寻隙滋事罪”指控做了无罪辩护。与肖被捕时最初被指控的“故意伤害罪”相比,“寻隙滋事罪”是较轻的罪名。
袭击案受害者之一方是民是一位自由作家和自任的学术不端监督者。方一直质疑肖的学术成就,但肖声称,并非因此而促使他发动袭击。肖告诉法庭,他与方有长达十年的个人冲突,主要原因是方侮辱了他的妻子和老师。【译注:针对肖传国的说辞,方舟子在微博中回应如下:“请问我在哪篇文章或哪个场合侮辱了其妻子或老师?在法庭上还满口谎言,居然能得到从轻发落?……肖传国想必是做梦梦见我侮辱其妻子和老师。”另外,方舟子、方玄昌在抗诉申请书中指出:“被告人肖传国指控二方‘侮辱、诽谤其老师、妻子’,是没有任何事实依据的,而是肖传国为隐瞒其犯罪动机、目的、意图的再一次信口雌黄。并且,这个表述明显是对方舟子的再次诬蔑。”】
肖传国被指控要求其亲戚策划袭击,警方称肖最初是这么坦白的。但肖在法庭上否认了这一指控,声称他仅仅默许了他的亲戚殴打方是民的多次提议。肖说,他付给亲戚的钱是用来供亲戚的孩子出国留学用的。
方是民笔名方舟子,十年来一直在其新语丝网站上公开指控学术方面的欺诈和医疗方面有问题的主张。方说,8月份被袭击前,他写过三篇有关肖的文章,全都是关于其学术成就的。
肖及同案犯也因6月份用钢筋袭击另一位肖的批评者方玄昌而被判有罪。2009年,方玄昌编辑了系列调查报道,质疑肖的外科手术的功效。肖的手术已经被应用于中国数千名脊髓损伤和脊柱裂患者,旨在恢复患者大小便功能。肖的法庭供述未解释为何袭击方玄昌。
方舟子说,他感到法院选在一个星期天开庭这一决定“非常突然”。他说,他10月5日与法官见面时被告知,审判将被安排在10天以后。然而,上星期五他却收到了通知,审判定在了10月10日。
肖传国受到了来自中国之外的医生们的支持,他们担忧有关机构对他的待遇。密歇根州Royal Oak的William Beaumont医院泌尿科主任Kenneth Peters和几十名肖的支持者们签署了一份公开信,表彰肖过去的一些科研成就,并呼吁中国政府“公平对待肖医生并保护其人权”。【译注:肖的这些国外支持者为了以肖的“科研成就”替肖传国开脱,不惜歪曲、捏造有关肖氏反射弧手术的事实。见《评所谓“国际学术同仁声援肖传国医生的公开信”》】
http://news.sciencemag.org/scienceinsider/2010/10/doctor-sentenced-in-beijing-for.html
Doctor Sentenced in Beijing for Attack on Critics
by Hao Xin on 12 October 2010, 2:14 PM
After a quick trial, a local court in Beijing convicted urologist Xiao Chuang-Guo on 10 October of assaulting two well-known advocates of academic integrity in China.
Xiao, head of urology at the Xiehe (or Union) Hospital affiliated with the Huazhong University of Science and Technology in Wuhan, China, was sentenced to 5.5 months of detention in connection with the crimes, and Xiao's accomplices received detentions ranging from 1.5 to 5.5 months. Chinese media reported that Xiao's lawyer pleaded not guilty to the charge of "causing disturbance," a lesser crime than the original allegation of "intentional harm" under which Xiao was arrested.
One victim of the attacks was Fang Shimin, freelance writer and self-appointed watchdog of research misconduct. Fang had questioned Xiao's academic achievements, but this was not what prompted the attack, Xiao claimed. Xiao told the court that he had a decade-long personal conflict with Fang, mainly because Fang had insulted Xiao's wife and teacher.
Xiao was accused of asking a relative to arrange the attacks to which, police said, Xiao initially confessed. But he denied the accusation in court, saying he gave only implicit consent after his relative repeatedly offered to beat up Fang. Xiao said the money he gave his relative was payment for supporting the relative's child to study abroad.
Fang Shimin, under the pen name Fang Zhouzi, has been publicizing allegations of academic fraud and questionable medical claims on his Web site New Threads for about a decade. Fang says before he was attacked in August, he had written three articles about Xiao, all on his academic achievements.
Xiao and his accomplices were also convicted for the June assault, with steel bars, on another Xiao critic, Fang Xuanchang. In 2009, Fang Xuanchang edited a series of investigative reports questioning the claimed efficacy of Xiao's surgical procedure which has been applied to thousands of Chinese patients with spinal cord injuries or spina bifida. The aim was to restore their bladder and bowel function. Xiao's testimony in court offered no explanation for the attack on Fang Xuanchang.
Fang Zhouzi says he found the court's decision to hold the trial on a Sunday "very sudden." When he met the judge on 5 October, he was told that the trial would not commence until 10 days later, says Fang. However, he received a notice last Friday that the trial was scheduled for 10 October.
Xiao received support from outside China by physicians concerned about his treatment by the authorities. Kenneth Peters, chair of department of urology at William Beaumont Hospital in Royal Oak, Michigan, and several dozen Xiao supporters signed an open letter, praising the urologist for some of his past research accomplishments and urging the Chinese government to "treat Dr. Xiao fairly and to protect his human rights."