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张培鸿:中国的冤案主要属于人祸法度影响力中国网

At we are here, each finally drive reverse court sentence of legal case, back almost have an entangled flowing water line.If say the wrong case of the United States is more to belong to natural calamity, of some Yuan cases then mainly belong to person's disaster.Therefore, Chinese Yuan case rehabilitates, really should not shine on to move western mode, have to probe implementation the personnel's responsibility of the handling a case of Xing Xun.But the current wrong case pursue to make not completely already and hinder for pursuing wrong case.
Recently, deluxe court of the people in Zhejiang province passes to discuss again procedure and announces to once be affirmed to rape homicide and has already taken Xing for decade of Zhang Hui and Zhang Gao Ping's not guilty.After court reviews to end, director Gao Yuan Fu in Zhejiang still bows apology to 2 people of Zhang Shi Shu's niece.
  The Yuan that the last few years medium expose false wrong case, there is the place of many likenesses.For example and mostly exist the problem of "not the norm enforces the law", then include different Xing Xun of degree to extract confession, again for example and mostly because of really be fierce to catch or discover key evidence, Yuan lord just can resume innocent, again for example ask for help of medium to include tiny Bo's disclosing and spread, public sentiment all give handled a case an organization to exert a certain pressure.
  The Yuan case of Zhang Shi Shu's niece is to some extent that above-mentioned totally sexual"is a generalization of".The case is current to investigate the police's malpractice(not expel constitute criminal of may) of case, again beneficial use "the jail Zhen ear eyes" after carrying on"evidence compensation" expose DNA of farcing and key evidence compare to result to Zhang Shi Shu's niece beneficial etc. details, also have keeping on of medium concern and numerous lawyers to connect dint voice support.Is even if such, after the province Gao Yuan of Zhejiang registers for the record reexamination, still keep spending for long a year again, end on March 26, so-called"prisoner" shouting Yuan for decade just can resume a freedom.
  The Yuan case reverses court sentence surely pleased, introspecting the source of appearing the thus important mistake is a key.View mankind judicatory judgment of history, not difficult detection:No matter what law system, in spite of what litigation procedure, will produce or many or little wrong cases, this is an undisputable fact that the limited that is known ability by the mankind decides.The since wrong case can not eradicate completely and reduce the frequency of Yuan case occurrence and carry on rehabilitating succour and repair possibly, is probably more important topic.
  Take the United States as an example, along with DNA technical development, have already discovered several hundred for 23 decades since the wrong case recently, among them a lot of is severities such as homicide or forcible rape etc. violence crime, many party concerneds have already been executed.However, the pertaining to crime of the United States corrects wrong system to still has many places that differ from us and have to inspire meaning.
  First, the verdict of majority of important cases , all after hasing been controled the vehemence of arguing the both parties lawyer and contested, is unanimously decided to do by the jury.This means that almost can't have a police to presume Ting but walk insurance, carry out Xing Xun to extract confession to the suspect.Because all crime suspects possess silent power, it causes the Xing Xun extract confession since has no occasion for, price again big.The so-called price is an accused the person has the power the accusation for putting forward he or she to be subjected to Xing Xun at any time, law court will immediately stop judgment and carry on a survey towards reporting.Basically, but any catches the information that the breeze catches a shadow at 1:00, is reported the police's occupation career even if is over.
  Since decide secondly is unanimously made by the jury, regardless wrong case or not, can not pursue the responsibility of any judgment personnel.Takes up in the jury of in the case, the judge's role is like also a professional host but isn't an assize.Just think, how can pursue the host's responsibility according to the race result gain or loss?Therefore, in the judicial system of the United States, unless judgment the personnel have serious ditch job or profit oneself to abuse law of behavior, otherwise the nonexistent so-called wrong case pursues system.A legal case, evidence shortage of time judge like this, the evidence changed and judge so, as long as you handle affairs by law, regardless as a result how, all have nothing to do with you.
  It is thus clear that, wrong case but talk, regardless to a judge is still a police, the jury systems all provided a kind of special protection and resolved their pressures.But in the judicial fulfillment of China, judge in addition to shoulding also want to face a more huge pressure in many violent cases to the pressure from superior and accused person, then come from the victim one party to request to severely punish the pressure of so-called murderer.
  Make the judicial personnel be free from pressure according to the jury system, in different state in the United States, treat a rehabilitating of wrong case to compensate each not same, minority of states will give the party concerned jot being wronged is in expiation of, majority of states then basically the little money don't compensate, the party concerned is one part that can is an oneself destiny it, accept down.
  Chinese of course not ability so, but the truth is similar.At we are here, each finally drive reverse court sentence of legal case, back almost have an entangled flowing water line:The public security official carries out Xing Xun to the suspect while solving pressure, the party concerned disobeys heart to confess;Checking a Cha organization always would like to even believe the hand written record that the police is, rather than vindicating of the party concerned oath solemnly pledged;Arrived a court, law court seemed to fall overboard for more to adopt the opinion of checking the Cha organization, but put forward to the defense counsel of doubtful point and advocate uninterested.All talk it, if say the wrong case of the United States is more to belong to natural calamity, some Yuan cases of China then mainly belong to person's disaster.
  Therefore, Chinese Yuan case rehabilitates, really should not shine on to move western mode, have to probe implementation the personnel's responsibility of the handling a case of Xing Xun.Current penal code 247 regulation rules settled the Xing Xun of judicial staff member to extract confession offense, the legal tallest Xing only has imprisonment for a specific term for three years, the Qie thinks to should significantly raise the tallest Xing, because these personnel is at deliberately flout the law.At the same time, should strictly carry out the indemnification gold of miscarriage of justice the party concerned according to the rules of 《nation indemnification method 》 , compensating the standard should not be lower than to reverse court sentence local residents of year average income.Even can consider punishing sex indemnification gold, owing to indemnification the gold finally will be undertaken by the taxpayer, can consider to punish sex indemnification from manufacturing Yuan the responsibility person of the false wrong case share.
  The last few years, the writer has been being appealing to value a problem:The current wrong case pursues to make not completely already and hinder for pursuing wrong case.In order to evade responsibility, the department concerned and personnel sometimes even doesn't hesitate to make greater mistake to cover up a pimping mistake.Our wrong cases pursue to make to exist two huge problems:One is don't classify Yuan case, leave case and wrong case of not congeniality, cause eyebrow beard a grasp;Two is to only have eyes fixed on a superficial phenomenon, pursues a concrete responsibility person and neglected the responsibility of decision maker, can not even inquire into the reason of system level.
  In fact, Yuan case existence of become because of very complicated.Once Yuan case happening, performance punishment the indemnification also lack maneuverability.Significantly raise indemnification undoubtedly standard, is solace and help to the Yuan case the party concerned.But will also injure taxpayer right, to the Yuan case that hasn't reversed court sentence the party concerned is unfair, and to already be carried out the party concerned of penalty also usually is only 1 kind to comfort, particularly to those party concerneds that have already been carried out death penalty, even talk consolations not up.
  Is past should also put forth effort a case that it's false wrong to suppress Yuan at present.While temporary doing not discuss the premise of judicial reform, most in order to effectively raise Cuo, perhaps still well respect and guarantee the defense counsel's current right.Turn over the office file of opening the Yuan case in fact, overwhelming majority of the court review to present inside, all have already jotted down the standpoint of defense counsel's not guilty.
  The author fastens senior pertaining to crime to defend a lawyer
                                                                     
Source:finance and economics net
                                                                                                         
                                     Editorrchid heart
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