On April 25, henan leaf county, be sentenced innocent Li Huailiang (right 2) be together with family. Graph / CFP
Which kinds of case of injustice is least be concerned about rehabilitate? The answer is " the person that die returns " . This is extremely unusual low probability event, be had by a case with hep public in our country: Zhao of She Xianglin case, Henan makes Hubei sea case.
"Really fierce " emersion, also often can become the critical factor that rehabilitates case of injustice one case. But, ji Le design of vocative of Heibei Nie Shubin case, Inner Mongolia, when " really fierce " emerge, although public feelings is surging, check to still do not have clear conclusion for years.
Since this year, appeal to in new punishment the law is carried out and in the center of emphasize " the record is judicial " below setting, complex case of many age bad luck is able to rehabilitate with correct, still have major open question many cases to checking at present, in cognizance. Forensic system also from on reach next spreading out to think over, shen Deyong of standing assistant dean writes the supreme court in person " how ought to we be on guard unjust verdict " , transmission is very wide.
Those who deserve attention is, bright case of Beijing Chang Linfeng case, Henan plum bosom, Fu Qingji appoint the innocent court decision of the case such as explosive case, was thought to do away with " Chinese type a miscarriage of justice " two rehabilitated passwords: "Really fierce emersion " or " the person that die returns " , those who carried out punishment to accuse the standard is already specific " doubt blame from without " judicatory concept.
"Li Huailiang type " error correction
On April 25, intermediate court adjudges Henan mesa Li Huailiang is innocent. Plum Wang Yongjie of counsel for the defence notices, on the court that adjudge, absent of 4 public prosecutor. It is reported, public prosecutor is in after hearing the court will sentence innocent message, collective retreats front courtyard.
On May 8, bulletin of procuratorate of mesa city people says, to innocent result of Li Huailiang, check just thought to carry out " doubt blame from without " judicatory concept, because this values adjudicative result, decision not counterappeal.
Square to check, this is a hard decision. According to divulginorth face shirtsng, in Li Huailiang innocent after adjudging, check square pressure is enormous, deny counterappeal namely, mesa procuratorate used up utmost to strive for, the same night of a few public prosecutor works, with period find submit to the sufficient reason of counterappeal,i want modern dining chairs final, procuratorate of Henan province people puts forward not to grant the directive opinion of counterappeal.
In Henan, li Huailiang case was thought to do away with " Chinese type a miscarriage of justice " two rehabilitated passwords: "Really fierce emersion " or " the person that die returns " , those who carried out punishment to accuse the standard is already specific " doubt blame from without " judicatory concept.
To Li Huailiang case, henan saves Zhang Liyong of tall courtyard dean to think over, after mesa quadrangle asked to withdraw Li Huailiang proposal detect in May 2007, did not issue formal legal copy clerk all the time, bring about a case to stop for a long time in forensic link, "After if we make sea misjudged case in Zhao,happening, the big platoon that begins at that time is checked, in rectifying and reform an activity greatly, can discharge fish in time to come and acquittal, no matter be pair of him Li Huailiang,public to judicatory still letter is told, the metropolis is a few less harm. The metropolis is a few less harm..
"This, we detonated this actively ' bomb ' . " Zhang Liyong says, rehabilitate case of injustice to be regarded as ffree modern dining chairsorensic scandal all along, however, the value of Li Huailiang case depends on " doubt blame from without " of judicatory concept carry out, bravery comes out of the feeling of shame, or is in judiciary aggrandizement " innocent and illative " another chance.
According to concerning media coverage, after Zhao makes sea proposal, henan saves 3 class court many case with not clear to the fact, scant evidence is tried lawfully, proclaim lawfully person of about a hundred the accused is innocent.
Evidence " black hole "
Punishment case becomes suspect, be able to correct finally in forensic link, all result from not clear, evidence is not worth the fact.
In the case of much fault having kid that covers in the reporter, such as Zhao makes record of case of sea case, Li Huailiang case, brother's son of Zhang father's younger brother, Fuqing appoint explosive case, the reason that the court convictions at first all is " the fact is clear about basically, evidence is basic authentic " (abbreviation " two basic " ) . This one " two basic " the idea of conclusion, only then at going up century at the beginning of 80 time, be able to apply extensively in the criminal adjudgement later, special father in a few hit be current. In law and academia, "Two basic " open to question all the time.
The Zhu Mingyong's lawyer that has experienced plead of case of injustice many cases thinks, "Two basic " be not legal concept, jural also never such stating, the new punishment that accuses from 79 punishment the law accuses to 97 punishment the law is carried out to this year tells a way, the legal clause requirement to guilty court decision all is " the fact is clear, evidence really, sufficient " .
"No matter be,understand from literal, still be limitted from logic, basic with really, sufficient, both have difference, this difference may bring about a few evidence to a suspicionwatch case opener has not eliminated, and lead to misjudged case. " Zhu Mingyong says, "Two basic " the backward judicatory concept that refractive is safeguard of serious blow crime, small rights of man.
Introduce according to forensic personage, "Two basic " the child that is special history period, had fulfilled its historical mission, current, court already won't again according to " two basic " will sentence case, judgment also cannot appear such stating.
Henan tall courtyard is standing assistant dean Tian Liwen thinks, the level is operated in judicatory, carry out innocent and illative hold with what doubt blame depends on proving a standard from the key that not have. New punishment appeals to law general " the fact is clear, evidence is really sufficient " proof standard is clearly further " remove reasonable suspicion " , this revises special key, to guiding judicatory personnel by " guilty and illative " Xiang Saiwei mode to " doubt blame from without " change of converse thinking mode, be on guard then bad luck complex case has important sense.
Notable case is Zhejiang case of brother's son of Zhang father's younger brother. The dead's fingernail wipes appraisal of content classics DNA is " 2 pieces " the other place beyond stays, but investigate, sue, the other that rules mechanism did not take this case seriously to exist commits the crime " reasonable suspicion " , still basis affidavit decide on a verdict, think " the fact is clear about basically, evidence is basic authentic " . This is typical " guilty and illative " thinking mode.
Method of case error correction
In recent years, a variety of unjust verdict of each district emerge in large numbers, which kind of be most do not have be concerned about rehabilitate? The answer is " the person that die returns " .
This is extremely unusual low probability event. Be had heply 3 cases by the public in our country: Zhao of She Xianglin case, Henan makes Hubei Teng of sea case, Hunan starts casenorton internet antivirus of be apt to. They are committed murder by accusation, but old hind, "The dead " living show a body. She Xianglin, Zhao Zunhai walks out of jail with innocent body, and Teng Xingshan is in however " the person that die returns " before already by execute by shooting.
"Really fierce " emersion, also often can become the critical factor that rehabilitates case of injustice one case. The reporter is combed current and foregone ten " really fierce " emersion case, great majority gets corrective. But Ji Le design of vocative of Heibei Nie Shubin case, Inner Mongolia makes exception however.
As to " doubt blame from without " case, judiciary kink at " put be in a dilemma surely " . After entering judicatory order, because evidence is insufficient, often be retreated to fill, send heavy careful, or " doubt pain is slight " . Still have " doubt blame from hang " , for instance Fu Qingji appoint explosive case, 12 years of careful and not definitely, till just proclaimed on May 3 this year person of 5 the accused is innocent.
Zhu Mingyong says, according to legal provision, party of case of injustice refuses to obey first instance adjudicates appeal, enter 2 careful necessarily. 2 careful no more than the following kinds of results: Send heavy careful, change the original sentence and maintain original judgement, or the procuratorate nolles prosequi. Our country judicatory executes two careful final judgment to make, hope to be able to pass 2 careful program to discover first instance error namely, get the result of fair justice. But long-term since, the leader that inferior relation became administration to go up on the court and be concerned by the leader, produced two kinds of consequence from this: It is basic level court chronic ground take forbidden case to perhaps affect major case, before first instance adjudicates ask for an opinion actively to perhaps win support, turned two careful into first instance essentially, lost the original sense that two careful final judgment makes; 2 it is the court leads a report to the Party committee that be the same as class or party cardthe best selling watch cases, and these leaders are not professional personage again, the case that suffer by subjective feeling and reports will judge, once make written instructions, the court that be the same as class dare be not carried out again, cause a fault to sentence.
Adjudicate innocent case directly to court of first instance, zhu Mingyong impression is the deepest is, the new proposal of Henan horse the court of a feudal ruler that he once acted as agent. This alarm of the Ministry of Public Security destroy door murder case, the seat of a monarchical government of the accused forces is acquited newly by first instance of quadrangle of Henan crane wall, tall courtyard hair answers heavy careful, first instance sentences Ma Tingxin again innocent, procuratorate counterappeal, with tall courtyard ruling check just nolles prosequi end.
Law new atmosphere
watch caseAt the beginning of May, shen Deyong of standing assistant dean writes the supreme court Wen Jiang is moved, "Would rather the fault is put, also cannot the fault is sentenced. The fault puts a real culprit, the day does not collapse to come down, the fault sentences an innocent citizen, especially the fault killed a person, the day collapses came down. The day collapses came down..
Tian Liwen evaluation says: "This is stated, in refracting an our country to build a course in law, be coordinated of value afresh to law and balance, to the safeguard of citizen human rights and esteem, it is blame of pair of innocent and illative concepts, doubt the best annotate from unprincipled society value. It is blame of pair of innocent and illative concepts, doubt the best annotate from unprincipled society value..
Zhu Mingyong thinks, unjust verdict is rehabilitated thick and fast since this year, with new a central requirement " the record is judicial " reachZhou JiangThe new atmosphere that takes office as supreme court dean has bigger concern.
"Come 10 years, top magic art, highest check exceeds for a longbrass faucet aerator time to clearing period detain case takes seriously quite, but each district still explodes again and again doubtful case of case of injustice of detain of period of favorable balance of trade, harmed force of judicatory public letter already badly. " Zhu Mingyong analysis thinks, experience law experience accuses the case appeals for help the amount is large, bring about muscularity of dimension stabilized voltage then, how to solve this " long-standing " problem, earnestly needs law thinking.
"Especially criminal case, not be VIP life, it is VIP freedom " , zhu Mingyong says, almost backside of each case of injustice, metropolis generation is visited one batch civilian, power of local dimension stabilized voltage is vast, li Huailiang case " capital punishment guarantee " it is among them extreme case.
Since April, zhou Jiang and Shen Deyong are in different situation, emphasize producing lawyer effect again and again, should take seriously highly, sufficient play counsel for the defence is in be on guard the main effect on bad luck misjudged case.
In criminal adjudgement, zhu Mingyong also felt " a few improvement " .
Be cognizance of open a court session of 2 careful case is much; 2 be the judge is willing to listen to a lawyer to talk, the lawyer can be developed even when plead.
Zhu Mingyong says, it is before in front courtyard careful, when the judge often can ask the lawyer is expressing an opinion, do not repeat, should concise, to the accused person the requirement needs to reply only " be " with " either " , forbid to elaborate. "Now, the judge can let you say. " Zhu Mingyong says, this conduces to a judge holding to the setting of the case, whole to the fact, form more comprehensive judgement.
Since new century misjudged case of typical bad luck
1. Hubei She Xianglin case
Basic details of a case: Uxoricide be accusinged. Tried capital punishment 1994, 2 careful hair answers heavy careful, check just is retreated twice check, degradation cognizance, firstthe best selling north face shirts instance sentences 15 years, 2 careful are maintained.
Turning point: On March 28, 2005, the wife comes home. Error correction time: On April 13, 2005.
Error correction means: Court of first instance weighs careful, sentence innocent.
2. Henan Zhao makes sea proposal
Basic details of a case: Experience killed the villager that be the same as a village is caught in May 1999, first instance sentences stay of execution after, tall courtyard approve.
Turning point: On April 30, 2010, "The dead " Zhao Zhen part of the day answers a village.
Error correction time: On May 8, 2010.
Error correction means: Rehear of Henan tall courtyard, sentence innocent.
3. Zhejiang case of brother's son of Zhang father's younger brother
Basic details of a case: Was accused in April 2004 evil is killed, hangzhou quadrangle first instance is sentencedZhang HuiCapital punishment, Zhang Gaoping is not had period. After half an year, stay of execution of Zhang Hui of change the original sentence of final judgment of Zhejiang tall courtyard, Zhang Gaoping 15 years.
Turning point: In November 2011, media exposure, DNA appraisal decides doubspring poolt is fierce.
Error correction time: On March 26, 2013.
Error correction means: Rehear of Zhejiang tall courtyard, sentence innocent.
4. Yunnan Du Peiwu case
Basic details of a case: Shoot dead be accusinged two polices (include its wife) , tried capital punishment 1999, stay of execution of 2 careful change the original sentence.
Turning point: After half an year, really fierce be captured. Error correction time: On July 11, 2000.
Error correction means: Rehear of Yunnan tall courtyard, sentence innocent.
5. Heibei Li Jiuming case
Basic details of a case: Was accused to hold a gun intended homicide, illegally in November 2003, first instance of Tang Shan quadrangle sentences stay of execution. In August 2004, hair of Heibei tall courtyard answers heavy careful.
Turning point: In July 2004, one robs a murderer to confess before be executed he is really fierce.
Error correction time: On November 26, 2004. Error correction means: First instance weighs careful, change the original sentence is innocent.
6. Henan plum conceives bright case
Basic details of a case: Cadaver of evil of homicide be accusinged, foliaceous county court tried 15 years 2003, mesa quadrangle hair answers heavy careful, after this, turn over quadrangle first instance to sentence capital punishment, save tall courtyard to send heavy careful.
Turning point: 2012, "Capital punishment guarantee " exposure. Error correction time: On April 25, 2013.
Error correction means: First instance weighs careful, doubt blame from without, change the original sentence is innocent.
New proposal of the court of a feudal ruler of 7. Henan horse
Basic details of a case: Experience destroyed door murder case is caught 2002. Crane wall quadrangle tried 2004 innocent, 2 careful hair answers heavy careful, 2007, crane wall quadrangle is sentenced again innocent. Check Fang Kang appeals to.
Turning point: Without.
Error correction time: On April 17, 2008.
Error correction means: Henan tall courtyard rules, allow check just nolles prosequi.
Quiet period of 8. Fujian blessing appoint explosive case
Basic details of a case: 2001, the 5 people such as Wu Changlong, Chen Keyun early or late experience Fu Qingji appoint explosive case is caught, this case experiences first instance, 2 careful to send heavy careful, first instance is sentenced again, 2 careful are laid aside. 12 years of careful and not definitely.
Turning point: 2013, two " stay of execution " the accused person changes surveillance to live. Error correction time: On May 3, 2013.
Error correction means: 2 careful adjudge Fujian tall courtyard person of 5 the accused is innocent.
2the best spring pool careful adjudge Fujian tall courtyard person of 5 the accused is innocent.. Deep and clear Hunan morning paperDeep and clear Hunan morning paper
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