Nie Haifen just a case of mentors

Court, the High Court made the state compensation decisions and served Zhanggao Ping, Zhang Hui after the agent, as of press time reporter evening of May 21 , Zhang nephew to Zhejiang High Court has not yet received this compensation money. May 17, Zhejiang Provincial Higher People's Court Zhang Hui, Zhang Gaoping retrial guilty to state compensation decisions were paid Zhang Hui, Zhang Gaoping national compensation 110.57306 million, a total 221.14612 million. "Separated by decades, Zhang Hui, Zhang Gaoping was physical evidence of the damage, such as objectivity has been lost, and the lack of evidence in the form of retained an injury, etc., then the case should be investigated whether investigators have committed the crime of torture, the difficulty is big. " defense lawyer, criminal law professor at the Guanghua Law School of Zhejiang University said. "In the country, including the case, including a series of grievances misjudged review process, both could feel our existing judicial system from further handling concepts and institutional mechanisms to prevent injustice wrong generated urgency." Zhejiang High Court today in charge accept the "Legal Daily" reporter an exclusive interview, from five to reflect on aspects of injustice. Retrial guilty May 18, 2003 21 am, and nephew Zhang Hui driving Anhui J-11260 Jiefang truck, laden She County, Anhui Province to Shanghai from his hometown, asked an acquaintance of the subject,abercrombie, equipped with a desire Hangzhou Wang girl looking for her sister's hometown. Autumn Burgundy overpass in Hangzhou, Zhanggao Ping Zhang Huishu nephew and Wang broke, let her take a taxi to the Bridge, then continue driving trucks to Shanghai. After Wang got off on May 19, 2003 in the morning was killed, the body was thrown to leave town to stay in Hangzhou West Lake District Mu Si Road East Wucun road roadside creek. After receiving the report from the masses, the public security organs according to some preliminary evidence was collected, after comprehensive analysis acting suspiciously Hui and with the Hui and identified as a major suspect. The trial, Zhang Hui and Zhang Gaoping has "confession" of the facts of the crime of rape Wang died. April 21, 2004, the Hangzhou Intermediate People's Court sentenced Zhang Hui to death for rape, Zhang Gaoping life imprisonment. October 19, 2004, Zhejiang Higher People's Court upheld the death sentence were commuted Hui, suspended for two years, Zhang Gaoping fifteen years in prison. As the father of Zhang Hui continued high incidence of complaints, February 27, 2012, Zhejiang Higher People's Court review of the case filing separately form a collegial panel access to files, view interrogation video, seriously investigate and verify the evidence, to Korla Prison, the prison were arraigned Shihezi Zhang Hui, Zhang Gaoping, and in January 2013 the Hui, Zhang Gaoping change escorted back to Hangzhou, in order to further arraignment verification. After the hearing, the morning of the 26th March of this year, Zhejiang Provincial High Court pronounced the verdict that there was new evidence, the case can not be ruled out of the original one, upheld the facts of the case, according to the main lines of evidence of crime may be others, can not be taken as a basis. Accordingly, in accordance with the "Criminal Procedure Law", the revocation of the trial verdict, declaring Zhang Hui, Zhang Gaoping innocence. May 2, 2013, Zhang Hui, Zhang Gaoping respectively retrial acquitted by the Zhejiang Provincial Higher People's Court for state compensation, they apply for state compensation of 2.66 million yuan. Among them, 1.2 million yuan compensation restriction of personal freedom, the spirit of solatium 1.2 million for attorneys' fees of 10 million, low-cost transfer of Jiefang truck 150,000, seized two Samsung brand mobile phones compensation 10,000 yuan. Zhejiang Provincial Higher People's Court on the same day filing. During the case review, Zhang Hui, Zhang Gaoping restriction of personal freedom were required to increase compensation 50,000 yuan, the spirit of solatium 50,000 yuan and 30,000 yuan for medical expenses increase the compensation request. Zhejiang Provincial Higher People's Court heard Zhang Hui, opinion after reviewing the law believes that Zhang Hui, since May 23, 2003 was detained until March 26, 2013 after a retrial acquittal , a total of 3596 days is limited to personal freedom. According to Article 33, "the violation of civil liberty,goose jacket, the daily compensation in accordance with the national annual average daily pay of workers" and the "PRC State Compensation Law",hogan scarpe, decided to pay separately Hui, Zhang Gaoping violation of the right to liberty compensation 65.57306 million. Meanwhile, according to "The People's Republic of China on State Compensation Law" provisions of Article 35, considering Zhang Hui, was wrong conviction and sentencing, the execution of punishment and work lives have been affected and other specific circumstances, the decision to pay moral damages solatium respectively 450,000. As for other claims for compensation claimant attorney fees Hui,canadian goose, Zhang Gaoping proposed medical expenses, vehicle resale request post losses, according to the law do not belong to Zhejiang Provincial High Court of State Compensation. Earlier, the state compensation and compensation to Zhang's nephew,veste hollister, Zhejiang High Court for a total of 7.02 million yuan. Professor Ruan Fangmin attorney to "Legal Daily" reporter explained,louboutin pas cher homme, 7.02 million yuan, including compensation and compensation in two parts. State Compensation section in the party submitting the application must make a decision within two months. Extrajudicial compensation part, there is no time limit, there is a lengthy negotiating process. "Spirit of solatium 450,000 yuan, which is already a major breakthrough in the State Compensation Law in the judicial practice, a milestone." said, according to the usual practice of the court system, mental damages will not exceed the violation of the right to liberty in general 50 of the compensation, the current court system in the country, the state paid in compensation for moral damage compensation does not exceed 300,000. The Zhejiang High Court Payout Zhanggao Ping nephew mental damages 450,000 yuan, close to 70 percent of liberty damages, far more than 50 of the limit, a historic record. Five aspects need to reflect on 9 April, Zhejiang provincial Party committee established by a joint investigation team composed of provincial and municipal departments of Zhang Hui, Zhang Gaoping misjudged the original handle over , prosecutors, law departments handling aspects of the problems in a comprehensive investigation. "Miscarriage of Responsibility program once started, will involve administrative and criminal liability related to the investigators, but should be investigated whether investigators have committed the crime of torture, it is very difficult." Said Ruan Fangmin accept the "Legal Daily" reporters, separated years, the passage of time, Zhang Hui,canada geese, Zhang Gaoping then the damage and other physical evidence has been lost objectivity and lack of evidence in the form of an injury, such as reservations. Because Zhang Hui, this from the wrong case, the "Zhejiang Detective,hollister france," said the Hangzhou Public Security Bureau of Criminal Investigation Detachment Six battalion seek redress after the widely criticized. Ruanfang Min responded analysis, misjudgments people in the system, their eyes focused on only one person, there is a certain degree of dislocation. In this case handling process, Nie Haifen just a case of mentors, and did not participate in the front line of questioning. "The recent batch of rehabilitated injustice misjudged the height of its formation mechanism is similar to the concept closely related to the handling of a particular historical period and the handling mechanism for the formation of long-term." Zhejiang High Court recently said the person in charge in the "Legal Daily" reporters, any When handling the team can not deny the mainstream and performance of these systems should be even more injustice and objective reflection from the concept and mechanism not be divorced from the historical conditions and historical limitations of time, to distinguish between personal responsibility and institutional responsibility, focusing from careful analysis of building systems to improve the rule of law, improvement and perfection. The official said that the current criminal justice at least five aspects need to reflect on: the last major murder, panic in the community, the higher will be the handling of such cases, when the dead layers of command issued a deadline to solve the case. Tight,goose jacket, pressure, subjective probabilities and objective awry greater. For example, investigators know that as long as the confessions breakthrough work efficiency will increase, will break under the pressure of the murder,hogan outlet, intentionally or unintentionally, some investigators will rely on some of the ways to torture for a breakthrough. Even been found in favor of the defendant,escarpins louboutin pas cher, may be evidence of his innocence, nor Yuansui Dossiers. In the review of "two injustice" found during Yuanlian Fang from the confessions Yougong means for effect. Henan Martyn new case, too. After the 2003 Spring Festival, suspicion of trafficking in pornographic materials, being held at the detention center Hebi City, Henan Province, and was under the jurisdiction of Hebi Xunxian massacre occurred Daughter suspects together with Martyn new prison April 2004, Yuan transfer to Hangzhou City District Detention Center, and Hui same prison. Martyn new and Zhang Hui said its two confessions were formed, with inmates Yuanlian Fang Department of written transcripts, for your own copy, recite, otherwise kicking, to be tortured, the investigators on the case investigation toward the desired direction has played an important role in the development of Only Yuanlian Fang a person, involved in manufacturing were two famous injustice. The person in charge, this should be a comprehensive overhaul. The responsible person said, the mid-1990s, the abolition of the pre-establishment of public security. Looking back now, the pre-trial investigation of the criminal investigation team of the system itself is a necessary internal control, it is easy to detect and correct the miscarriage of justice, to adjust the direction of the investigation in early detection. For example Hangzhou "two injustice" and Xiaoshan "injustice robbery and murder of five people," the statement to the two cases are after the break, only to find the direction of the investigation may be incorrect. Detection requires scientific and reasonable evaluation index design,sweat hollister, should not "Detection GDP" for the purpose, and should be based on justice for the purpose. Around too different, the situation is complex, and some criminal acts in a more prominent place, but in other places is not prominent. However,chaussure louboutin pas chere, if a national unity detection battle action, coupled with the detection index assessment, overtake each other, inevitably resulting in a fight consumption,hollister, Minato number contention compliance. Resulting in the investigation and evidence collection rough handling rude, often leaving some of the fallout and injustice wrong case risks. Should bear in mind that a person can not be convicted, there is no final cracked the case,goose jackets, rely on the evidence speak. The official told reporters, to reflect on "Do not wronged a good man, a bad miss," the investigators concepts and limitations of the evaluation criteria. Specific to the judicial practice, due to the detection of some evidence on the existence of objective conditions "deficiencies" and sometimes the existence of a suspect, "we can not deny, and can not be identified," the situation, can not one hundred percent accurate, This is too absolute control principle, the public security organs are often caught in a dilemma, into a "dead end." In the past, we pursue this absolute goal, resulting in the specific case handling process, the court never suspected crime is difficult to implement the principles,abercrombie e fitch, often suspected crimes lighter. Zhejiang, which from the murder, at the time of the historical conditions are to the High Court of second instance,hogan shoes, the reprieve was commuted to withstand the pressure,abercrombie paris, but still form a significant injustice. Legal Network Power Hangzhou May 21 相关的主题文章：