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economic observer reporter li wei'ao in the sensational case of yang gang, a private entrepreneur in foshan, guangdong, who was sentenced to one year and two months in prison in the first instance, and the case was resentenced in the second instance, the nanhai district people's court of foshan city, guangdong province (hereinafter referred to as the "nanhai court") made a retrial decision on the case on august 2, 2024.

the nanhai court held that "there was insufficient evidence for the prosecution to accuse yang gang of committing the crime of picking quarrels and provoking trouble", and after discussion and decision by the court's trial committee, yang gang was declared not guilty.

after the verdict, the public prosecution agency did not file an appeal.

on august 29, 2024, several people familiar with the case introduced the situation to the economic observer reporter.

yang gang is the owner of private enterprises such as foshan xinsiwei electromechanical research and development co., ltd. (hereinafter referred to as "xinsiwei company") and guangdong tianyi superhard materials co., ltd. (hereinafter referred to as "tianyi company").

on december 3, 2016, liang ruchang, a local villager from nanhai, foshan, was driving a small van past the gate of tianyi company and had a minor collision with a vehicle of the company. the two sides had a dispute over compensation - tianyi company said that liang ruchang demanded 50,000 yuan in compensation at the time. afterwards, the police verified the price and only had to compensate liang ruchang 700 yuan.

local villagers liang zhaokang, liang guobin and others came to the scene to support liang ruchang. when yang gang learned about the situation, he called the police and brought several employees from the new thinking company. the conflict between the two sides escalated and a fight broke out.

on january 21, 2017, yang gang’s side claimed that they found a threatening note near tianyi company that read “pay 50,000 yuan or we will burn down your factory” and handed it over to the police.

on july 12, 2017, the nanhai branch of the foshan public security bureau (hereinafter referred to as "nanhai public security") made a unilateral "administrative penalty decision" against yang gang. yang gang was administratively detained for 15 days and fined rmb 500.

yang gang was dissatisfied and filed an administrative lawsuit with the court, suing the nanhai public security bureau.

the administrative lawsuit was heard at the first instance by the people's court of shunde district, foshan city, and yang gang lost the case.

yang gang immediately appealed to the foshan intermediate people's court (hereinafter referred to as "foshan intermediate court").

on january 3, 2019, the foshan intermediate people's court opened the second trial of the case.

yang gang proposed that the nanhai police produced a false "identification record" about him in the administrative penalty case against him. this claim was supported by the second instance court. the foshan intermediate court confirmed that the false "identification record" produced by the nanhai police was "not accepted".

however, just after the second trial of yang gang's administrative lawsuit against nanhai public security and before the verdict was announced, nanhai public security issued another case filing notice on february 12, 2019, filing a criminal case against yang gang on suspicion of provoking disturbances. the case filed by nanhai public security was still the fight that occurred in front of tianyi company on december 3, 2016.

on march 8, 2019, the second-instance judgment of the administrative litigation case was announced.

the foshan intermediate court ruled that the "administrative penalty decision" made by nanhai public security bureau against yang gang was "illegal". in the end, nanhai public security bureau lost the lawsuit.

more than two months later, on may 22, 2019, the nanhai public security bureau placed yang gang under criminal detention on suspicion of provoking trouble.

after that, the criminal case entered the procuratorate and court stages, and yang gang was released on bail for a time.

on august 19, 2021, the nanhai court made a first-instance judgment: yang gang was sentenced to one year and two months in prison for the crime of picking quarrels and provoking trouble.

yang gang was dissatisfied and filed an appeal.

his defense lawyers in the second trial were two well-known lawyers - wu danhong from beijing aia law firm and li quntao from beijing deheng law firm.

on march 17, 2022, in accordance with the first-instance judgment, yang gang’s one-year and two-month detention period expired and he was released.

the second trial of the case was postponed many times until more than two years after yang gang regained his freedom, on april 12, 2024, the foshan intermediate people's court, which was responsible for the second trial, made a ruling to revoke the first-instance judgment on the grounds that "the facts were unclear and the evidence was insufficient" and sent the case back to the nanhai court for retrial.

the defense lawyers for the first instance of the retrial of yang gang's case were li quntao, a lawyer from beijing deheng law firm, and chen zhihui, a lawyer from guangdong zhengnian law firm.

during the retrial, the nanhai court held that:

during the incident, liang ruchang drove a small van and had a minor collision with a vehicle of tianyi company. the two sides held different opinions on whether liang ruchang's side had made a claim for 50,000 yuan. therefore, there is doubt about this fact. the evidence in the case shows that after the above traffic accident, liang ruchang first called liang guobin and other villagers to the scene. liang guobin also took away the key of tianyi company's vehicle, and the conflict between the two sides gradually deepened. after yang gang learned about the situation, he first asked someone to call the police, and then rushed to the scene of tianyi company.

the nanhai court held that "the existing evidence is insufficient to prove that yang gang was primarily responsible for the initiation of the case and the intensification of the conflict between the two parties", and therefore, "this case is not sufficient to determine that yang gang's behavior constitutes provoking trouble."

in the end, "after discussion and decision by the trial committee of this court", the nanhai court ruled that yang gang was not guilty. after that, the prosecutor did not file an appeal.

at this point, the case, which began in december 2016, was declared over after two rounds of administrative trials and three rounds of criminal trials.