Henan saves Zhang Liyong of dean of senior people court.
Zhang Liyong is the closest reading a book is " misjudged case " .
This comes from France originally well-known lawyer is strapped inside·Foluoliao's composing, tell about, the famous case that analysed French history to go up to ever made a gross error. Among them a paragraph of word makes Zhang Liyong impressive: "Do not think you are a well-behaved good father, good man, good citizen please, won't mix all one's life judge contact with. Even if the honestest, most the person that gets respect, become the victim of the judicial department likely also. This kind of sad fact is existence, this is the mistake of the judgment in judicatory job. This is the mistake of the judgment in judicatory job..
From Zhao the case that make the sea arrives Li Huailiang case, two wide the case of injustice that gets attention, doubtful case, just spanned since Zhang Liyong holds the position of Henan to save tall courtyard dean oneself, in forensic system aggrandizement blame of innocent and illative, doubt from 3 years when not have.
Also no less than he treats the judge place below to explain to public to its for many times: Want to hold to blame of innocent and illative, doubt to read aloud from the department legal principle that not have, the any person that is present otherwise, no matter be civilian or influential officials, no matter be common people or leader cadre, be in likely some day by innocent detain, innocent sentence.
This year, zhang Liyong is elected as Henan to save tall courtyard dean again. He is in hold the post of the judicatory between 5 years to reform in a big way, bring all circles to fix eyes on, also there is no lack of the sound of controversy and doubt. Recently, zhang Liyong of dialog of our newspaper reporter, communicative doubt blame is carried out from what not have reach responsibility to find out think, and he himself how look upon controversy and doubt.
Zhang Liyong does not have place almost not character, the openness that showed dean of a court and oneself the reflection to future of our country judicatory and destiny.
Case
About Li Huailiang case
"The freedom that cannot take common people and life will buy sheet "
Deep and clear Hunan morning paper: This Li Huailiang case belongs to unexpected, a few otherer bad luck complex case just makes innocent court decision below the case that finds a lot of counterevidence in each.
Zhang Liyong: I feel to want to assume the responsibility that has a court to ought to be assumed at least. Know this thing can cause a mighty uproar for certain obviously, we or this " bomb " to detonated. The freedom of the farmer that we cannot take the the most rock-bottom, weakest power, common people and life, for us the job does not reach the designated position, inadequate, fact is not clear about evidence will buy sheet. This does not accord with new punishment to appeal to the regulation of the law, we have no alternative.
Deep and clear Hunan morning paper: After Zhao makes sea proposal, henan court was done 3 years to a large number of doubtful case comb, adjudged a lot of innocent, can you have very great pressure?
Zhang Liyong: Pressure is very great. For instance Li Huailiang case, other department has different knowledge to this case, social public opinion also does not understand the circumstance. In addition, still have the pressure of respect of the injured party, the maternal Duyu of the injured party spends us to also sympathizthe best selling north face shirtse with very much, that child (the injured party) ability is 13 years old, on whose head booth is painful and afflictive, but we cannot because this, often closing Li Huailiang, this is equal to two families anguish. In handle a case, we must handle affairs strictly lawfully.
Deep and clear Hunan morning paper: Likelihood it may not be a bad idea of family member of the injured party, it may not be a bad idea of relatives and friends, in won't thinking of this is investigation process of public security mechanism, did not get evidence solid,
Zhang Liyong: Public security is investigated terminative, procuratorate also public prosecution, your court should proclaim he is innocent, affirmation of victim family member is very excited. And the someone says very clearly, once you are adjudged innocent, take a life to defy with you. We are very afraid at that time, the court sent 20 bailiff to undertake protective beside family member of the injured party. Pressure arrived acme, cannot have an accident again absolutely.
Deep and clear Hunan morning paper: A bit better now?
Zhang Liyong: Adjusting slowly, a bit better. After all Du Yuhua can appeal for help to province court, this is good, be afraid that she does not appeal for help, she will appeal for help to still can be communicated with respect to the specification, communication.
Deep and clear Hunan morning paper: General leader is fed up with appeal for help.
Zhang Liyong: I have a point of view, the person that always will appeal for help, you must be recieved enthusiasticly, explain the family returns accredit to you.
Find out about responsibility
"How to still chase after without research now duty "
Deep and clear Hunan morning paper: You come tall courtyard 5 years, should many judges get punish, can you also have a few pressure?
Zhang Liyong: Yes. Henan is in a few this years to the judge's punish the whole nation is most, even the judge gross that we give disciplinary treatment, most a long time is equivalent to in those days 1/5 countrywide. We want to discover only now, do not tolerate absolutely, the misjudged case responsibility that includes us is lifelong find out a system, at the beginning everybody also is not accepted, say you are too slashing to the judge, want to find out not only, even lifelong find out. This is the protection of pair of more judges actually. In the depth of the heart, I am loving us greatly this judge team.
Deep and clear Hunan morning paper: Misjudged case responsibility is lifelong find out a system, after you assume a post, had retired or is the judge of transfer found out?
Zhang Liyong: For instance, "Dazed " the judge's Shui Tao, the time that we publish this system is not quite long, as it happens is touched went up. Li Huailiang case, although we think final result was to hold to correct judicatory concept, but we are responsible still. This is the wrong idea with doubt slight pain in do mischief.
Deep and clear Hunan morning paper: Li Huailiang this law case, is the court being chased after duty how does the aspect consider?
Zhang Liyong: There still is not research now, but I had been told on a few conferences, our court has due responsibility, although dimension waits for the pressure of each respect firmly, but do not stand fast legal bottom line is incorrect.
Concept
About law consciousness
"Begin to hold to ' blame of innocent and illative, doubt from without ' concept "
Deep and clear Hunan morning paper: I also had covered case ospring poolf injustice, misjudged case many cases, one is nodded jointly, the family member that is the injured party actually not too the court decision that understands a court. How is law belief of the people built, this need thinks.
Zhang Liyong: I feel the law belief that establishs a citizen has a process certainly, carry each case, the legal consciousness of ceaseless aggrandizement citizen. For instance Li Huailiang case, the meaning that I feel innocent to adjudicate still is not to return his freedom completely, let his family reunite, more important is to give whole society to carry out concept of a law, be in China namely, socialistic law entered a such phase: We begin to hold to blame of innocent and illative, doubt from without such concept.
Previously, the judiciary is used to guilty and illative, doubt pain is slight idea, a few judges sentence law case, it is at the beginning " come up criminal belt " , sessional when think he is guilty. Go up from the concept, on consciousness, it is the idea that is key link with class struggle is in effective. Stabilize for the society even, in evidence chancy the freedom of person of the accused of the sacrifice below sufficient condition.
Deep and clear Hunan morning paper: How do you view this kind of action?
Zhang Liyong: I ask our judge for many times, does the first word say presiding judge open a court session what? They cannot say comes. The first word should be " to take out of the accused person instrument is provided " . A lot of people think is a program only, why to want to say this word first without understanding. That is to say, on the court, he is person of a the accused only, he remains a citizen, he still is not a criminal. In this moment, he is innocent still, so, he should be enjoyed as equal as public prosecutor litigant right, have equal litigant position. The court does the thing of type of a prisoner's cage now, some still does not let him sit, he does not have a pen, also do not have a notebook, cannot record, how to defend for oneself? Public prosecutor says so much, he how undertake explaining with you? Said to appear, you regard him as the object of adjudgement, is not to regard as have and public prosecutor is equal the culprit person of litigant main body. On whole court, he is weak force.
Deep and clear Hunan morning paper: I also listened to careful of a few front courtyard, case of a few criminal, it is the lawyer puts forward to want take out shackles.
Zhang Liyong: I had said two years, some judges still do not understand, but I am appealing so all the time. Come how many years, what we execute still is creed of criminal investigation center, is not adjudgement center creed. Between public security organs cooperate much, supervise restrict little, this should be changed, should coordinate already cooperate, should supervise each other more.
About fothe best selling modern dining chairsrce of dimension stabilized voltage
"Lawfully acquittal, won't affect stability of security of society "
Deep and clear Hunan morning paper: Comment must compare much topic now, namely " doubt pain is slight " , how do you look?
Zhang Liyong: Doubt pain is slight the in a sense was to protect a criminal. You view Zhao Zunhai proposal, original should according to doubt blame from the principle acquittal that not have, but sentenced a stay of execution lightly according to doubt blame. Finally, real murderer lived smooth and steadily 11 years. Make the sea to Zhao all the time acquittal, those 3 murderers do not sit, raise the buttock to go, was captured. So, doubt pain is slight it is the soil that brings about unjust verdict and condition, make real criminal did not get hitting, the right of people does not have very good safeguard.
Deep and clear Hunan morning paper: But, the power of dimension stabilized voltage that local court faces is very great also. north face shirts
Zhang Liyong: This also has a time, place, requirement. Fall in the case with very complex in the past security of society for example, you lawfully acquittal, the likelihood is short-term inside it is an abandon to real criminal. But, I think law course of China is a process, we enter this phase now, can hold to blame of innocent and illative, doubt from the principle that not have. And from practice the case comes look, these a few years, arrived 2008 now, because evidence is chancy,I save person of many the accused sufficient by lawfully acquittal, do not have any influences not only to the circumstance of security of society, and the society is more stable, harmonious. So, some people are afraid lawfully acquittal, can affect security of society, the society is stable, I think this kind of concern is redundant.
About careful argue balance
"If forensic procuratorate wants to tell cooperate, need not divide set "
Deep and clear Hunan morning paper: These year since, what is the court corrects the drag with the biggest misjudged case?
Zhang Liyong: Why should install court, procuratorate these two mechanism, is? What consider above all is to restrict, if cooperate namely at the beginning, not was necessary to sefree modern dining chairst two, it is better into a mechanism to incorporate cooperated. But coming how many years is to tell cooperate, tell how to hit crime jointly.
Deep and clear Hunan morning paper: These a few years, careful argue conflict is more serious, include highest method this appearance also is mentioned in the article of Shen Deyong of standing assistant dean, you how does look upon concern this?
Zhang Liyong: Some judges are not judgment of be placed in the middle, be in however subconscious li of too much station in public prosecutor one party, he thinks I will try this criminal. So, be based on this kind of concept, apologetic square very dissatisfactory, confront each other with respect to what became lawyer and judge, this is very abnormal condition.
Deep and clear Hunan morning paper: But we are indistinct between a few cases can feel, local court faces a few outside pressure, accomplish judgment of be placed in the middle very hard.
Zhang Liyong: I think this kind of circumstance is not much, as legal system perfect, this kind of state of affairs will be less and less, the key is the court should handle affairs strictly lawfully.
Deep and clear Hunan morning paper: Forensic system, what the move that what side will have will advance careful debate is harmonious?
Zhang Liyong: I feel to have a few sides at least. The first, the concept with slight pain of guilty and first impressions are strongest, illative, doubt must be solved on law concept; The 2nd, want the position of aggrandizement paraclete and action, I feel to achieve careful argue balance, want to respect a lawyer not only, esteem paraclete, and should consider build commonweal lawyer team from the mechanism; The 3rd, can the participation of aggrandizement people degree, the element that is democracy wants to strengthen, for instance jury, offer in a school class, organize more audit staff, disclose more case facts; The 4th, the court should solve the concern problem with the procuratorate, should be the relation that restricts each other above all, is assorted relation not just. Want everybody to stand fast only doubt blame reads aloud from the department legal principle that not have, can shun misjudged case, this kind is restricted is mutual support substantially, because everybody does not think,cause unjust the best selling watch casesverdict.
Reform
About judicatory reform
Borrow Zhao Zunhai case to clear the case of all and long-term detain
Deep and clear Hunan morning paper: Arrive from Zhao Zunhai Li Huailiang, from " the dead " revive doubt blame from without, a such processes, henan court is made public in judicatory, judicatory is democratic, what exploration to do?
Zhang Liyong: Zhao Zunhai case is experienced to mine too deep, the likelihood is the first when I do a dean to encounter has quaky case to me. We assume responsibility actively in Zhao Zunhai case. Borrow this opportunity then, clear the case of all and long-term detain, borrow situation proclaim lawfully person of the accused of a batch of doubtful case is innocent, solved a batch of problems that cannot solve for years, having several is detain ten years lawfully of acquittal.
Deep and clear Hunan morning paper: About a hundred person is innocent release, henan court whether already in-house the mechanism that formed active error correction, how is this mechanism run, through what kind of program?
Zhang Liyong: After Zhao makes sea proposal, was every year on May 9 certainly " day of misjudged case caution " , insist a few years to come down continuously, some people tell family scandal cannot outside raise, the family is propagandist achievement, our Henan court often uncovers his scar, in the heart very afflictive, I feel special to be necessary. Bravery comes out of the feeling of shame, law ability has progress. Two this years ground of a law case handles a law case, want a fact only not clear, evidence is insufficient, determined lawfully acquittal, or the procuratorate nolles prosequi. Insufficient to evidence now, the procuratorate asks actively to remove. I am told on the conference for many times, ought to hold to blame of innocent and illative, doubt from without, the any person that is present otherwise, no matter be civilian or influential officials, no matter be common people or leader cadre, be detained likely by innocent ground, be sentenced by innocent ground next. You are a judge now, is then your son still a judge certainly? Is your grandchildren still a judge certainly? Your this all one's life is not caught by the fault, can be next all one's life caught by the fault? Go up from the concept above all so, ceaseless aggrandizement is innocent blame of illative, doubt from without, blow commits a crime, ensure human rights, form the mechanism of an error correction in forensic interior next, originally it to come down surely through the system finally.
Make public about judicatory
Get online through juridical copy clerk, implementation forces one kind mechanism
Deep and clear Hunan morning paper: Henan court made the move that judicatory makes public, include juridical copy clerk to get online, careful of live show front courtyard, still have small gain, go in countrywide thereinbefore. Top now magic art also asks juridical copy clerk gets online, do you have in this respect what kind of experience and anticipate? What had not achieved your anticipation?
Zhang Liyong: Juridical copy clerk gets online is the first issue that I stress to the court. Some common people refuse to obey now sentence, why does so much appeal for help those who bring a lawsuit against? The family does not approbate your just sex. What reason? It is you this kind of justice that did not think yourself lets common people look so that see, feel so that wear, experience get, you were not made public. Alleged sunshine tries, what is sunshine? It is the eye of the most ordinary common people, the ear of common people, he can look get, listen get, feel, feel your justice.
Additional, to the problem of concern case, favor case, money case, we get online through juridical copy clerk, realized a kind to force mechanism, judgment of your pervert the law, impure perhaps oneself personal relationship, act wrongly out of personal considerations pervert the law, my juridical document you is public, your underground also must be made public, want a family to see your adjudication a little only, find out the clue of the practise favouritism pervert the law inside this, how are you built also do not build.
Deep and clear Hunan morning paper: Did the juridical copy clerk of almost all now public trial get online?
Zhang Liyong: Online in principle of juridical copy clerk is normal with making public namely, it is a case with underground. The principle that we decide is to involve privacy of secret of national secret, trade, individual, minor, lawfully underground. Still the individual asks strongly, have sufficient reason, also underground.
Deep and clear Hunan morning paper: Actually we see the job that a few judicatory are made public, there also are a few problems between process of actual front courtyard careful. Make public the case of cognizance originally, the reporter is entered do not go, the family member also can go in only a few people, limit your in a school class through all sorts of means.
Zhang Liyong: This is there is a problem on the concept, on possible still professional ability guilty, dare not make public, we adopt all sorts of method to do. We have a few cases, for instance price of Shi Jianfeng day escapes the case such as essence of fee table, lean lean, the media that come is very much. I decide, all cadres that involve our court, all evacuate, always will should allow a family of audit to come in, the more the other place comes from afar, want to let a family go in more, if small courtroom does not sit, change medium court, medium court does not sit to fall to change old court, must achieve this goal.
About reforming pressure
"Main pressure comes from systematic interior, is not exterior "
Deep and clear Hunan morning paper: A series of 5 years of much reform, involve the personal interest of a lot of people, that is in forensic system is internal, be crossed a few pressure, obstruction?
Zhang Liyong: Have a lot of move, main pressure is to come from inside the system at us, is not exterior, namely some of judge pays no attention to solution. Get social court for example, juridical copy clerk gets online, some kind of meaning will tell come to the judge, you are forcing he is made public. Jury, somebody thinks very laborious also. In the meantime, the strength that I feel we catch party conduct Lian Zhengjian a few this years to set is very great, annual Lianzheng construction meets 7 party conduct at the beginning of the first month of the lunar year, tell party conduct Lianzheng to build every day, tell misjudged case responsibility to find out every day lifelong make, the judge that must give us hangs a sword on the head, call him not dare audacious, not dare judgment of pervert the law. Any influence are not controlled to be not corruption about cannot. So, I ask a few this years to the judge special all the time severe. I think, avoid a judge to break the law violating discipline is the greatest to the judge care.
Deep and clear Hunan morning paper: If come up against system sex, a few solves without method problems besides forensic system, how are you done? Be steer clear of or top?
Zhang Liyong: I say one's innermost thoughts and feelings, basically not was provincial Party committee once or politics and law appoint decide you must how. We must understand a leader he is for juthe most popular watch casesstice, is not to call you lawbreaking principle, law notting comply works. Individual judge quality is poorer, be used to applepolish, he thinks the leader is to stand in Party A, be to seek a person for certain, want deflection Party A, wrong, cannot understand so stoutly, if such understanding give the lead,killed. On the other hand, if have the written instructions that individual grass-roots unit leads not quite accord with actual, you want to be treated seriously, serious report, cannot of careless, tell him this case can be a basis with the fact that make a thorough investigation of only next, he can support you finally. Time grew, he can feel you this dean holds to a principle, do not do not have a principle.
Individual
About professionalism and in a popular style
"In a popular style is not square type adjudgement, respect masses however "
Deep and clear Hunan morning paper: You should be administrative leadership before the dean, is the experience of administrative official engaged in judicatory leading the job what to help there is to you?
Zhang Liyong: Affirmation is helpful, because I get party card job in basic level all the time, when the area appoint secretary of secretary, mayor, municipal Party committee, be together with common people all the day, master company condition, popular wishes, national condition, want to have more a few advantage than the judge that works in the court all the time for certamodern dining chairsin.
Deep and clear Hunan morning paper: Your heart still pays close attention to basic level quite.
Zhang Liyong: Will tell as the court, often say to handle a case according to thing of deal with according to law, should lose for the society moreover force group redress the scales, promote justice, cannot turn the court into the arena of wealthy person, who has money to be hit win lawsuit, we must talk for weak force group, this also is our bottom line, a principle. Include to denounce firewood for peasant worker worker, the boss says to work to me, what contract is there? I say, this building is peasant worker worker builds it those who rise, this is evidence, this road is peasant worker worker repairs it those who rise, this is evidence. This is the judge that we become the people below system of judiciary of Chinese characteristic socialism, must importunate principle.
Deep and clear Hunan morning paper: Have a few controversies two this years to judicatory professionalism and in a popular style, you how does look upon argue this?
Zhang Liyong: I feel this problem is not contradictory, can be united in wedlock completely together. Course of study of certain important post influences the judge. Before some year be in short supply because of legal talented person, the court comes in the person attune of a few professional without law knowledge when the judge, such circumstance can affect just judicatory, do not know law, sentence case do not make mistake ability is strange, professionalism is the assurance that solves this problem. In a popular style, it is to say our court is sentenced case, want to listen to the opinion of people, want to notice the unity of legal effect and social effect, should respect masses, support masses, listen attentively to civilian sound popular wishes. I feel this does not contradict with professionalism, both should be unified.
Does someone say in a popular style can become square to rule? I feel be essence is different, in a popular style is not adjudgement of view square type, the people jury that we should execute is pilot, include the kind such as social court, it is how to respect masses, take the mass line, listen attentively to the sound that comes from folk, make our adjudgement more accord with actual, accord with fair justice. Include network voice, the best spring pooloverall the fairness that I think or represents a society and justice, the affirmation that takes dominant place finally is the sound that accords with social fairness justice, this kind of sound just has vitality.
About infree watch casedividual action
"Wh whoever will become a dean henceforth, my train of thought still but before row "
Deep and clear Hunan morning paper: You carry out a series of reform act with 5 years of much time, what there is in the center is you are more satisfactory, what have certain head with your anticipation?
Zhang Liyong: More satisfactory is we are carried out " Ma Xiwu tries way " , although at that time also is eristic in succession, say I pull the history to back a car, it is unwisdom, backward, take the thing of warlike time, but we go all the time, common people is happy, henan people is happy, I say Shanghai, Shenzhen does not pursue the possibility certainly, but in Central Plains it is to accord with actual, we are so adamantine go. I feel this Ma Xiwu is the mass line.
Still juridical copy clerk gets online, effect is already special and apparent. We develop a net to judge small gain of sunshine of law of court, comfort now, the supreme court calls Henan technically still forensic introduction experience. Zhou JiangThe dean still says, "I become a secretary in Hunan when notice Yu Fayang Guang Weibo. " responsibility of wrong still case is lifelong find out a system, caused very big echo, myself thinks or succeed quite.
Have a heart in not quite dependable, have a few controversy, it is jury, this thing says to feel western element is too heavy, how does union rise with Oriental culture? I am pondering over this thing all the time. But I think this thing should be done, but how to do, how its do well, had not found very very successful, efficient way now.
Deep and clear Hunan morning paper: These year come, you also hear many critical opinions and different voice for certain, also someone says you are likely is the resort that choose and employ persons manages, the authority that perhaps heads an individual, concept will pursue the measure that law turns. In case the working station that you want to leave a courthouse, a few measure can continue?
Zhang Liyong: I do not eliminate to a few measure and I am in of forensic dean concern locally, the power that uses forensic dean will advance the attempt of a few reform, innovate, if I am not a dean, my again nice train of thought also was not used. But I hold to two viewpoints, it is in advancing a process, each respects have the society a few doubt, I am special all the time and sober, the business that we do can receive social query, explain this thing is done significantly. What I worry most is the society is done not have any reaction, like plain boiled water, the issue that explains you are done is very commonplace. So I very the attention is listened attentively to draw lessons from, always the family can raise a few doubt, include juridical copy clerk to make public, you are made public all the day, who to make public to also look not to understand, does your publicity have how old sense? So I am thinking, solve juridical copy clerk even obscure cramped problem.
The 2nd, these doubt are helpful for perfecting you. Misjudged case responsibility is lifelong find out, also cause a society the echo of each respects, we are progressively and perfect, the family puts forward, be lifelong find out? What degree to find out? Original system is very coarse, we one pace perfects regulation of a proclaimed in writing.
May be the train of thought of your individual, idea at the beginning, but in the process that put into effect, should contain stage by stage the thing of sex of individual colour, concept, the thing of originality sex adopts practice slowly, if the proof is correct, opposite change its system, normalization, let its development popular feeling, become the positive result of a kind of practice, avoid to be the thing of move completely with the individual, finally no matter Zhang Liyong becomes undeserved dean, or who will become this dean, can go forth according to this train of tharrison hot spring public poolhought.
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