The body touch of compensation

 

Confucius said:"Know, benevolence, Yong, three, the world of Dade also."B."Wisdom","Ren","Yong"Is the current world the most basic human virtues. Confucius said:"See the meaning is not, no courage."As seen in the moral need to step forward bravely thing, don't do it, there is no courage, cowardice. Therefore, people need to have the courage, this is the truth in life; a lawyer needs courage is a truth, a lawyer.

--Caption

Primer

A lawyer should have the basic quality, should have what the traits of success? People usually think that eloquent, thinking, knowledge, wisdom and so on, it is certainly true, but in addition to these, I think also need to have a characteristic, is the brave.

Law is the product of the democracy system, the lawyer occupation has been as a champion of justice and social democracy. In our country,1993Years later, a lawyer from dictatorship tool parts--National legal workers--Reduction to defend the original role of social justice for the restriction of power, authority, challenge. Any democratic society needs to balance power, the rule of law in modern society emphasizes"The right to restrict the power"People's rights, and more extensive and more great,"Officer"The scope of the power will be smaller and more restricted. If you have knowledge of law, professional expertise, and to the law practice lawyers, can not play the role of the balance of power, the general public and how to achieve the right to restrict the power?

Since the social positioning lawyers so, so, the lawyer how to achieve the sacred mission entrusted era, society and law, how to realize the judicial and social progress in the power struggle. This topic, for lawyers in this industry is not too serious. So, give counsel raised a requirement, that is need a lawyer to be brave, challenge authority, not afraid of power, argued according to law, safeguarding the people's rights without power to infringe. Not because some merchants property law has, masks or forget the social mission. As USA nineteenth Century famous lawyer Gilton said:"If the firm only became a way to make money, a possible, convenient and pleasant way to earn money for any risk, then the lawyer will fall."The lawyer to provide legal service for patients and doctors heal to charges are the same, not what is not well understood, not what can be blamed; blame, is the pursuit of money law blindly, and forget their social responsibility. If his lawyer for money, just for money and cry, that's absolutely not lawyers themselves, can only make the occupation of shame. On the contrary, if the lawyer only give without harvest, it is on this occupation inappropriate demanding. For some are engaged in public welfare undertakings or public interest litigation lawyer--No matter what is based on reason, should be respected and respect, but not to require all lawyers for the public, not private. How to really grasp this degree, to achieve the best balance between public interest and private interest, interest and responsibility, this is not only for a lawyer, is more challenges to the lawyer groups.

Talking about money is not what a lawyer to be ashamed of, as enterprises to talk about social responsibility. Social responsibility, it is each living in this society, people must face, just like a lawyer this occupation itself has set its course of social responsibility. Responsibility, can make the person produces motivation, also can make people have the courage. Especially as a lawyer, a supreme law as a weapon and the backing, is not what reason can not brave. The great German jurist Rudolf·Feng·"The immortal masterpieces" the struggle for the rights "in one article points out deeply,"The struggle for the rights is the right person for their obligations", because"'You have to struggle to find your rights'It is to give up and fight, right from the moment to give up its own".

1, agent

Twelve midnight, the more the City Public Security Bureau Detectation battalion summons, subpoenas for being suspected of false invoices, invoices for tax deduction for the illegal sale of crime. The trial continues until the next day at fourteen noon. After the decision by the police brigade leader, Liu Hengfa, Zhang Jun. T. Until twenty at night, more requirements and family on the phone, according to Liu Hengfa and Zhang military said, because their mobile phone has no electricity, and no external telephone interrogation room, in violation of provisions of the Bureau, Liangzi from the first floor to the five floor of the interrogation room office. While the Liangzi to office did not call for a moment, then raised to the toilet. Liu Hengfa, Zhang Jun with her to the five floor men's room, and stood in the male toilet doorway watching Liangzi, Liang Zidun on the north wall of the window of the squatting position, while two people don't pay attention to, cling to the window from the open window to climb out, died after falling from a building.

The above is that city people's Procuratorate to Liu Hengfa suspected malfeasance investigation after the end of "the prosecution of submissions" facts.

I the agent into the case.

As the agents involved in the criminal procedure, in general, and the procuratorial organ should be the relationship of mutual cooperation, accused of crime is dependent on the prosecution organ. But this case involves two factors, the relationship was mutual cooperation is not so harmonious: one is the crime unit is the Municipal Public Security Bureau, the case caused great repercussions in the local, after the incident, the director and the commissar are removed; the two is the case crime suspect Liu Hengfa's father is the Secretary of local political and law commission. The background, the lawyer engaged in agency (or defend) work is extremely valuable. The old saying"Know yourself as well as the enemy fight"In reality, even if unable to do"You can fight a hundred battles with no danger of defeat", also can not do"Know yourself as well as the enemy". The first factor in this case is a foregone conclusion, it should be said, the new secretary and political commissar of the solution to the problem will be relatively detached, objective; but the second background factors of what will be the role, what kind of effect, the problem solving is crucial. According to the parties concerned, in case, Liu Hengfa's father instead of active avoidance, but in the first time to assemble"Public security organs"The three leaders held a meeting to study, study of the specific content is not known, but several months later processing process from the event, and the development of point of view, certainly not to be quick. The suspect is in charge of the police"Public security organs"Leadership is the suspect's father. The reason why the parties cannot accept the investigation organ finds the facts of the case, in addition to these obviously factors, some doubt the fact that among the unable to make the people get is the direct cause.

As an agent, the prosecution case to normal channels in the procuratorial organs, is to achieve "the opinion recommending prosecution" and identification document class documentary evidence from the prosecutor, other evidence is unavailable; and this criminal defender is equal rights. But some different agent and counsel in form, is the agent usually has to assist the prosecutor and defender, is with the prosecutor"To dry"The. From this perspective, the prosecutor and defense parties compared with people easier, relations between the two sides is relatively easy to get some. But in this case, I and the prosecutor in the first contact is another kind of situation. Prosecutors while trying to repress, but I could see that he appeared to me more disgusted, communication should be friendly attitude and lack of. My feeling is, by the prosecutor from the higher pressure, often don't like there is any other interference factors for normal. My appearance, he didn't want. After the party is finding the prosecutor, but has not entered into the normal procedure, only as a general reflect the situation of processing, and sometimes it is take"Send"Attitude. A contact in my complaint cases, many is because in normal program did not enter, the program ends and then are seen everywhere, unable to return to normal program. The provisions of the law"The right to be informed"Many parties, does not understand what that means;'s Procuratorate informs, oneself also sign, later said they did not know that does not understand, is said to"Make trouble out of nothing". When dealing with these problems, the prosecutor Is it right? Clearly inform the parties, said no, prosecutors can take out the parties sign to confirm things; often, the prosecutor is not wrong, the parties also have no wrong. Is wrong in the prosecutor Is it right? Clearly explains the legal implications of informed, the parties Is it right? Really understand the legal implications of informed. The insider, but only some very simple question, but outsiders may listen to mumbo-jumbo general. So, whether prosecutors or lawyers, in simple language to illustrate the legal problems of profound, is a kind of special training and training ability.

In this case, I have no reason to doubt the prosecutor does not have this ability, but I have reason to suspect that the prosecutor wasn't on my client clearly"Inform". Because, from prosecutors to my agent the attitude, I speculate that even if is to inform, not really want to hire a lawyer and client access to legal assistance. It was obvious, in Chinese specific social environment, in this case the situation, really did not expect or want to exclude the interference of procuratorial organs, under pressure, willing to take the risk, uphold justice, but the law is, awe inspiring justice from performing their duties. The prosecutor should not deprive the litigation rights of the parties, but may be negligent in carrying out its duties. While the lawyer when providing legal help for the parties, if the slack and confrontation, or succumb to the prosecutor's pressure, muddle along, or adhere to the correct choice of press forward with indomitable will. This opposition, said light, is the role of the different, weight, is"Method"The position which is higher or lower problem. This kind of contradiction, handled well, can get the parties to accept the results, processing is not good, not only to the complexity of the problem, there may be the doubt or blame.

The lawyer before taking up this kind of case, some clients will understand the situation emerge in its totality, some parties will background hidden complex and not exposed. Once the lawyers accept entrust, just know what situation facing. At this time, lawyers tend to make second choice, is to continue, or retreat. The man, is one of the characteristics of the lawyer occupation. There are a number of lawyers, on the surface not retreat, psychological but had been removed; the investigation was not, should go to try not to do some articles, as a mere formality; some lawyers, wantonly spread by means of case, gained media attention, the other side of the home to the disadvantage of public opinion the name, can greatly, and reduce the risk of their own. Of course, more offbeat lawyer, will propose some additional conditions to the parties, such as the requirements for insurance, the additional charges such as. In short, in the face of this kind of case, will show some weekdays not be manifested. No matter what the motive and purpose, I think, these are not a mature lawyers should have performance.

The lawyer as the agent, what to do, what not to do, the law is not so fine. In addition to the necessary to understand and grasp the part of the evidence, the lawyer on the case the overall judgement and understanding is very important. As in this case, the procuratorial organs from the beginning when filing the qualitative for breach of privilege, the parties that Liu Hengfa is the murderer. Breach of privilege, which belongs to the procuratorate self investigation cases, intentional homicide, belong to the public security organ investigation cases. So, what's the positioning based on breach of privilege from the beginning, not intentional homicide? On the contrary, what according to the note is a murderer? Questions about the parties to provide me the:

1After the incident, has not informed the relatives of the deceased, the Public Security Bureau and the body to the funeral home cremation is required, the funeral home refused to accept did not succeed;

2Relatives of the dead, took photographs of the body, multiple injuries to the back, if it is impossible to face down fall back injury before death, that must be beaten;

3Liangzi, died in an hour with his family on the phone, the family as soon as possible to send several million fine, don't jump off building Dutch act may.

......

Whether these problems can not solve, the basic premise is, should be in which program to solve. Procuratorate investigation itself has ended, but also make "the prosecution of submissions", identified the dead is due to his careless hanging facts, thus fundamentally eliminated Liu Hengfa murder suspect. If you insist on Liu Hengfa on suspicion of intentional homicide investigation, only two program channels, one is to report to the Public Security Bureau, two cases require procuratorate Supervision Bureau of public security. In this case, the essence of these two issues is a problem: the procuratorate may not after he had as investigation of malfeasance, and supervision in Public Security Bureau as a murder case; at the same time, the Public Security Bureau will also with the same reason refused to register with the procuratorates. If I focus on this problem, the results may not have any effect. Procuratorate still in breach of privilege (or not to prosecute prosecution), accuse the murderer is"In accordance with the law"Not accept. If this is the counsel of the work to be done, value in where?

So, after I carefully explained to the legal procedures and possible obstacles, decided to agency work at the same time from two aspects, one is to actively participate in the procuratorate to examine the prosecution of the case, put forward the economic compensation request; two is to find a breakthrough from the other aspects, involving the collection of intentional homicide evidence. It's easy to say, the previous work also some legal procedures can be followed, the latter is unusual difficulties. But let the victim's legal justice and justice to maximize, truth is a must; only in this context, to consider the economic compensation.

2The cause of death

From "the prosecution of submissions" can be seen several problems:

First, the relationship between security summons and suspected crime. Security summons, is the interrogation of minor offences against the administration of public security law procedures. Public Security Bureau of economic investigation department itself does not deal with cases of public security, whose responsibility is to carry out investigation of the jurisdiction by the public security organs suspected of economic crimes. Liangzi take security summons the apparent lack of legal basis. While security summons for what procedures, but did not mention the. Through investigation and interrogation is found to be suspected of crime? The premise of legal interrogation must have achieved basic evidence. If there is a basic evidence, suspected of a crime should not take security summons, but "criminal procedural law" the regulation of the criminal summons. If there is no basic evidence, Xukai suspected invoice and does not belong to the scope of security summons. Therefore, the legal basis of Public Security Bureau summoned Liangzi, "the prosecution of submissions" did not say clearly.

Second, Liu Hengfa and Zhang Jun's mobile phone and no electricity. "The prosecution of submissions" that Liu Hengfa, Zhang Jun let Liangzi to call home violation"The Bureau"Regulations, reason is two of the mobile phone have no electricity at the same time. Relatives of the dead were introduced, Liangzi18:26And18:59Two, is to jump off building an hour ago and his wife and his brother by telephone, request to the Public Security Bureau sent money (fine).

Third, Liangzi jump from the window. Liangzi very clearly in his five floor jump away, there is no possibility, only jump off building Dutch act a possible. And "opinion recommending prosecution" found only from"The window to climb out, died after falling from a building", cannot explain the Liangzi climb to the window to do what. Escape or Dutch act.

The cause of death of Liangzi forensic book is like this:

2003Years7Month2Day, the Municipal People's Procuratorate requirements entrusted, the cause of death to Liangzi for medical identification,2003Years7Month2On the afternoon of the funeral, conducted an autopsy, we identified as follows:

A, case introduction

2003Years3Month7Twelve am, the City Public Security Bureau Detectation battalion will Liangzi summons to the Municipal Public Security Bureau, the team the interrogation room inquiry.2003Years3Month8Twenty, the beam from the first to the five floor and the phone, Liangzi proposed to go to the toilet, the toilet Liangzi when nobody noticed from the open window to climb out of died after falling from a building.

Two, test

Identified people: Liangzi, male,37Old farmer.

The body is stored in the city morgue refrigerator crematorium,2003Years7Month2Fifteen am, the corpse to the courtyard to post-mortem. Body length169cmA low down, Shiban body pressed parts, pressure does not fade, head of black hair10cmThe scalp, no damage, the left frontotemporal have1.5 x 0.7cmSkin abrasions, ear, nose, eye collapse, mouth, no foreign body and secretion overflow, lip mucosa, leathery, tongue between teeth, no shedding, right shoulder and neck9 x 10.5cmSubcutaneous hemorrhage, lower volume4 x 1.5cmSubcutaneous hemorrhage, right anterior axillary line8Rib at7 x 6cmSubcutaneous hemorrhage, left shoulder15 x 8cmSubcutaneous hemorrhage, left side of neck5.2 x 3.3cmSubcutaneous hemorrhage, sternal angle at4.6 x 4.0cmSubcutaneous hemorrhage, Jian9 x 7cmSubcutaneous hemorrhage, left lower quadrant to the iliac fossa with8.5 x 10.5cmSubcutaneous hemorrhage, left elbow joint tracking1.8 x 1.1cmScrape with subcutaneous bleeding, chest on the left anterior axillary line and subcutaneous bleeding, the longest4 x 1.8cmIn short, the most1.6 x 1.4cm, the left wrist laceration5 x 4cmThe left sternal fractures of distal ulnar,. The right forearm skin0.8 x 0.7cmBruise, right toggle tracking4 x 3.5cmSubcutaneous hemorrhage, right antecubital fossa4 x 3.5cmSubcutaneous hemorrhage, the right hand little finger metacarpophalangeal joint times side2.5 x 1.4cmEpidermal loss, no bleeding without life reflect, nail cyanosis.

Open thoracic, abdominal, cavity, left, right hemothorax, left chest about1000mlRight chest, about700mlPericardial bloody effusion, ca.30mlThe left2,3,4,5,6,7,8,9,10Rib fracture. Among them2,3,4Rib ends are penetrated the thoracic cage, multiple fractures, right3,4,5,6,7,8,9,10Rib fractures, which5,6Rib ends into the chest, the sternum transverse fracture. Testicular abnormality. The main organs without rupture.

Cut hair, no fracture of skull, brain tissue has been liquefied, no obvious abnormality.

Laboratory examination:

Inspection: not detected in the stomach contents and blood samples1605Dimethoate, common organic phosphorus poisoning, not detect rodenticide tetramine, not detected stability and other common hypnotics.

The two affiliated hospital, pathology report:

Diagnosis: pulmonary hemorrhage, tissues and organs of autolysis.

Three, analysis:

1. based on the site investigation, investigation and autopsy, laboratory examination, Liangzi left chest2-10The ribs, right pleural3-10The ribs are multiple fractures of multiple ribs, penetrated the thoracic cage, the sternum transverse fracture, on both sides of a large number of bloody pleural fluid, the pathology report: pulmonary hemorrhage, the left wrist laceration and left foot, skull fractures of distal surface everywhere, exfoliation and subcutaneous bleeding, the damage characteristics with high fall.

2Liangzi intrathoracic hemorrhage, pericardial bleeding, can cause respiratory failure death.

Four, the conclusion:

Because of his high fall Liangzi death respiratory and circulatory failure.

Forensic expert conclusions just a few hundred words, less than three pages, even as many as seven typos. In particular"The distal end of the radius"Write for"The distal end of the skull", no wonder I asked many forensic, are not clear"The distal end of the skull"What parts of the body.

A large area of rib fracture that meets the characteristics of high falling, but it is not difficult to explain is the"His high fall"After death of high fall. Yes"His high fall"Conclusion no certification process. For those scars skin, just make an objective statement, also did not say whether the injury may exclude lethal Liangzi results, only to"Throughout the surface exfoliation and subcutaneous hemorrhage"Generally, the temporal, right shoulder and neck, left shoulder neck above the chest of the subcutaneous hemorrhage without any explanation. On the back of any of the other damage also did not do any explanation.

Procuratorate cognizance Liangzi died an hour ago, Liu Hengfa was two, Zhang Jun's mobile phone and home phone, on the phone, the family didn't have what difference beam. Why does a hour"To climb out from the window, fell to his death"? Liangzi since died on the spot, why not protect the scene, not the scene, but will be directly sent to the funeral home; because there is no proof of death, funeral home refused to receive, then will Liangzi placed near the hospital morgue. But there is no public security bureau in the incident immediately notify relatives but Liangzi, Liangzi a distant relative in the Public Security Bureau, privately will Liangzi death news to Liangzi relatives. When the Public Security Bureau and procuratorate is Liu Hengfa father convened under study how with Liangzi relatives"Private".

People are dead. But people are dead in the Public Security Bureau, died in the police summoned for questioning process. The need for a definitive answer is: is alive or dead after falling from a building.

On the above problems can not be solved the case, city procuratorate has to malfeasance will Liu Hengfa to sue, made the decision not to initiate a prosecution of Zhang Jun, the reason is"If the circumstances are obviously minor, little harm, not deemed a crime". Even malfeasance, killing one of the consequences is also"If the circumstances are minor"?

3, investigation

To determine how to investigate, through various channels to obtain the information classification.

First, the public security organ problems

(a) economic department has the right to Liangzi of security summons?

(two) in the Liangzi falls have the obligation to protect the scene?

(three) have the duty to report the case to the procuratorial organs?

(four) have the right to direct the corpse to the funeral parlor requirements?

(five) whether the obligation to inform the relatives of the dead?

(six) have the right to have discussions with prosecutors in the absence of investigation and survey"Private"?

Second, the procuratorial organ problems

(a) in the public security organs have summoned personnel falling deaths have the duty to immediately placed on file for investigation?

(two) is entitled to in fact nature of unknown circumstances and public security organs"Private"?

(three) whether the obligation in the immediately after the examination of the body?

(four) why are placed for four months before the tests were carried out on the body?

(five) whether can be found in the main facts of the case did not identify the case?

To solve the problem must collect evidence. When I took over the case agent, access to evidence only prosecution investigation are made of materials. These materials are very simple:

(a) the suspect's confession and exculpation;

(two) the autopsy report.

In addition, no evidence of other aspects. No site survey record, even the photos are not. The face and I took over the case:

1, the Municipal Public Security Bureau and the city's only separated by a wall--The incidence of unit and detection unit is the neighbor;

2Crime investigation units, units and belong to the Municipal Committee leadership;

3, the committee secretary is the suspect Liu Hengfa's father;

4Determination of the case, the procuratorate malfeasance by politics and Law Committee approval;

5From first to last, the Liu Hengfa not taken custody of the coercive measures;

6, the prosecution has been nearing completion.

Before the first and in charge of the case the prosecution prosecutors met, I handed him the list the problems in order, requirement investigation and verification. Prosecutors roughly looked at, you return it to me.

"These are the families of the deceased suspect, there is no evidence"Prosecutors say.

"These doubts whether through investigation and denied?"I asked.

"No need, only those doubts."Prosecutors say.

"It is no doubt?"I asked.

"We can't put forward what check what families."Prosecutors say.

"If there is an impact on the facts of the case properties to check?"I asked.

"That's not necessarily."Prosecutors say.

"......"

"The nature of the case is very clear, is the duty, have what doubt does not alter the."Prosecutors say.

"......"

"You are a lawyer, if you think what problem can also be investigated."Prosecutors say.

I will question list away, prosecutors say can leave, I said no.

I don't know how to evaluate the prosecutor's attitude, he said seriously irresponsible, probably to his praise. Obviously, he is deliberately shirk their responsibility in ascertaining the facts, I found out the facts, he bad explanation. Placed before the prosecutor, one side is by the Public Security Bureau summoned suspected of violating the law, one side is the police presence has had died; one side is investigated for the criminal responsibility, one side is prosecuted police's father is the head of the local judicial. I don't know if other prosecutors in this situation how to handle. Sometimes, people need to weigh, need to choose, but some are absolutely can not choose. I think: as wore the coat of arms, shoulder the legal supervision and prosecution of crime people's prosecutor, in any case should not give up conscience and justice.

Of course, I did not discuss the conscience and justice and the public prosecutor problem. I believe the reason he is too clear, just in time may endanger their personal interests involved, what is more important. Therefore I think that some lawyers. The parties to the case have come all the way to Beijing to find me, because they are the local judicial administrative organs ordered a lawyer shall not accept the entrustment of the case. You encounter a similar situation is not the first time. I think, if the judicial administrative organs of local really to lawyers work intervention to such a degree, have never thought this was deprived the parties to safeguard the rights and interests, there is no thought from the field to hire a lawyer will aggravate the economic burden. Although these problems, but to obey local leaders will compare and is what?

Expect the prosecutor to investigate impossible, investigation is to the rest of the. To investigate, easy to say, the procuratorial organs do not match, the object of investigation is the local public security organ, how to start, one can imagine the difficulty. But if we do not investigate, only with the program to do some incidental civil action, the parties freely in the local find a nearby lawyers could cope with.

There is no escape route.

I go to the public security organs office, asked to see the executive director. Reception staff to go out not many return reply, said leaders a clear attitude, cases procuratorate has sued, have what problem to procuratorate, our public security bureau is crime unit, the inconvenience reception victim agent--So highfalutin reasons. From the Public Security Bureau, I still did not give up the Public Security Bureau, to observe the situation around and Huang Haibo lawyers in the vicinity, found outside the gate two security for each to enter the public security bureau are seriously questioning. We went in before is also affected by questioning, but because there are certificates and legal procedures, the security directly to the janitor's room to find someone to contact us. I suddenly remembered, in there waiting for the reception, the janitor old officer pointed out to us in the building of the Public Security Bureau, I found that the chief police officer to be much lower than the old. In with the old officer to process, the old officer reveals to the rank is low but the position high young officer discontent. So I decided to go with the old officer chat, see what we can get valuable information.

The old officer for my visit again looked very happy, say it's cold, let us go to the house heating. The Secretary and political commissar new transferred after we start with the old officer talked about falling events. Although the office director and political commissar of a few months, but the old officer still shows many grievances, said that these young people do not know how to respect the old comrades, office so long time are special import, never look at him, even a greeting has never. I asked the janitor since arrangement, why the entrance security? The old officer told me, the original is not, is more events only with security. I ask what is the relationship with the thing, the old police officer said he also said not clearly, as if afraid of again the jump off building escape. Whom I can ask about that jump off building escape, old police officer said accident that day is his duty. I listen to restrain excited, motioned him to continue.

"......The janitor's room alone, every night I go home after dinner come again, I can't all the year round24Hours are here. The director also criticized me off the job, I have big fight with him, these young......"

"What is the matter with you, but not from the front door to run."Seeing the old Sergeant digress, I said.

"Yeah, tell me what have no relation, they are finding fault with me."The old police officer said angrily,"I was that day than usual come back late, drank some wine, some delay. I found a lot of people stand in the yard I returned, much more than normal people, usually the time in addition to the duty, as not to have what person. I feel puzzled, Liu Hengfa came and asked me, have not seen a person run out. I said no, I've just come back from home, has not entered the room. Liu Hengfa went to the street at......"

"The yard is what person?"I asked.

"Are the bureau each team on duty. The team of people most."

"You ask not ask what time that people run?"

"Ask, I stand at the door asked what Liu Hengfa found the man ran, Liu Hengfa said there are twenty minutes. I said that you also blind people to run around what, also not long gone."

From Liu Hengfa's file material evidence, the plot is not old police officer said, according to my observation, the old officer is not possible. So, this plot should be favorable to Liu Hengfa, why didn't he say to the procuratorate; the plot is not because of the lax, Liangzi jump from the five floor window, they were mistaken for Liangzi ran away?

"Then, what that man to drop down from the upstairs?"I continue to ask the old officer.

"Liu Hengfa and I talked, entered the room; Liu Hengfa seems to be back to the building. After about not a long time, the yard is called'People did not run, fell to his death'."

"Who is calling?"I asked.

"I can't hear clearly, fail to tell who it is, anyway, is in the yard of the people. I heard them so a shout, thought that event, just come out from the house, the door closed. I also follow to get behind the building."

"To what do behind the building?"I seem to pay no heed to ask.

"The five floor of the man behind the building, people from the toilet there fell down in front of the building, not to see the."

I followed the old officer, pointing to the front office, with landing glass, not like the open window.

"From the five floor down people not afraid to die."So I said.

"Also did not fall to the ground, fell on the two layer door along the platform. No wonder no see."The old officer concluded.

As the conversation with the old police, time has been nearly noon, I asked the old officer at noon Is it right? The home for dinner, the old police said took lunch box, said at noon with rice, to the building of small boiler room hot meals, I just said to take into the building to a toilet, old officer let us go with he. The old police officer told us no male toilets one layer, two layer is the leadership, to the best go to the three layer. According to the old officer guidance take the elevator, we did not go to the three floor, but directly to the five floor. The five story elevator right turn, see hanging from a door two the left and right"Investigation team"Brand. Two rooms with men on the same side, another in the opposite.

The corridor was quiet, almost all the doors are closed.

In the process of slowly close to the men's room, my mind is Liu Hengfa, Zhang Jun had to file the environment description, in the shortest possible time, I quickly confirmed these descriptions:

1From the toilet door, not to rely on the front windows of the squatting position, this is my first impression, obviously can not stand in the position of the beam;

2Into the toilet, still can not see the front windows of the squatting position, because the two squat with doors and tailgate in isolation, even on this side of the squatting position opened the door can only see half;

3I walked to the window, the squat outward looking, saw the old police officer said"The two layer door along the platform"But with the windows platform, but not in the vertical position directly under the right, but nearly a distance of the window. If more time from this window vertical fall, can only fall directly in the courtyard.

4Again, I look carefully, the window on the right have a part is just outside the wall block, so need to be left out of nearly fifty cm. The window's width not exceeding1.2Meters, leaving more space width only70Cm.

5To the left, I walked out of a toilet observed, hanging"Investigation team"Brand is one of the room, just next to the men's room, and a position vertically below Liangzi falling platform just is the window of a house.

I will see some one one pictures down the toilet.

From the Public Security Bureau building out, no one pay attention to our window, there I went to look, the old police officer had not come back. Therefore, out of our public security bureau door, and around to the back were observed and photographed from a distance, multi angle.

After careful analysis on the photos found:

First, it was the dead of winter, the bathroom window normally should not open. If the beam is really ready to escape, will depend on the window side of the squatting position. But from the five floor to jump off building escape may be the most naive of the most ridiculous.

Second, even want to escape nor may choose to jump off building, at best, from the bathroom window go out first, and then select the road. At that time it was completely dark, according to the old police officer said, there is no light. Liangzi to want to escape, should first observe the terrain and choose the appropriate location, before was not good, can not jump to climb out of the window.

Third, if in order to escape, to climb out of the window, should also be the body to face the building, and death is the body face down fall; that is to say, is a building outside. Common sense tells people, unless they are very familiar with the situation that may face outside the building, otherwise, we must seize any body wall, to prevent the fall.

Fourth, the Public Security Bureau said that as long as more families to pay a fine to let him go, after an hour before, Liang Zigang and his family through the telephone, to family with money, the family also promised to send money. Therefore, also impossible to escape being fined and escape,"Run monk Temple".

Through the analysis of the beam falling before and after the fact and the surrounding environment, it is difficult to get out of the window from the toilet Liangzi themselves ready to escape, fell conclusion.

Of course, procuratorate fact is also far less than these in detail.

4, autopsy

Since so many doubts among Liangzi escape fell dead, so Liangzi dead two possible: it is a torture to extract confessions die cast down; one is more unbearable torture to extract confessions torture and jump off building Dutch act.

Liangzi body back multiple subcutaneous congestion, is how to cause, forensic identification and procuratorate did not give a direct answer; and Liu Hengfa, Zhang Jun firmly denied hitting liangzi. However, if the beam is facing the outside of the building fall to death, how to explain the back formed up to nineteen different levels of subcutaneous congestion? Whether it is beaten by the police, only by the forensic through autopsy. However, examination of the body is in the four months before, to make the appraisal conclusion and spent more than one month.

The reason for such a long time before the autopsy, according to Liangzi relatives, because they were rushed to the hospital morgue, bribed the morgue caretaker, will Liangzi bodies all photographed. When the police arrived, they clashed with police, the police asked them to hand over the camera, or immediately cremated a corpse. Liangzi relatives resolutely do not hand over the camera, some rushed to the villagers had clashed with police. Liangzi relatives and procuratorate representations, requires postmortem examination as soon as possible, the procuratorate and the Public Security Bureau of the same caliber, said not to hand over the camera will not arrange inspection. The villagers voluntary organized on duty in the morgue in turn, prevent the corpse was secretly cremated without inspection. Liangzi wife, brother, sister-in-law has because of obstruction and other illegal name by the Public Security Bureau Security detention, but villagers still insist on duty. The local public security bureau forensic several minor bodies for inspection, were more relatives and villagers stopped. This went on for several months, finally agreed to by the provincial Procuratorate, the procuratorate to send forensic testing. When the provincial procuratorate to examine, Liangzi relatives must present the whole to participate, provincial procuratorate forensic disagree, say you go on in this way, not only hinder our work, is not conducive to the test results. At this time, the body has already from the freezer refrigerator out. Finally, Public Security Bureau said that if the family members of the deceased to participate, we must also send a representative to attend the. Provincial People's Procuratorate forensic angry to leave back to the provincial capital, Liangzi relatives had to make concessions, said test we can not attend, but what if the organ removal, must we agree. Provincial People's Procuratorate forensic in the afternoon began nearly four point inspection, Liangzi relatives waited at the morgue. Less than an hour, forensic examination is over. Liangzi relatives very dissatisfied, irresponsible statement medicine, forensic say I have no alternative, the condition here is too limited, the lights do not meet the requirements, so late, can not continue to do, if"If necessary"Only to do tomorrow. The second day, Liangzi relatives never wait for forensic, I only know that forensic night back to the provincial capital, with the body of some important organs such as heart, did not inform Liangzi relatives. Liangzi relatives immediately brought some villagers rushed to the provincial procuratorate for forensic, questioned say second days continue to test, why not continue, said to test is the premise of forensic"If necessary"Now that the organ, have been brought back, the provincial procuratorate forensic center equipment than the much better, here is to test. Liangzi relatives asked why take organs without their consent, forensic explanation says, because they are from the provincial capital city in hurry without enough equipment, viscera removed, must be immediately frozen, otherwise it can not do slice test. For these professional interpretation, Liangzi relatives cannot judge true and false, not know what course to take. Finally, forensic results is not one or two days can come out, will they go back first, wait for the test results, the results come out after will notice. After waiting for more than a month, Liangzi relatives learned from the local Procuratorate, test result is"His high abortion death"Generally speaking, that is, from the five floor to fall before the person is alive. Conclusion this, Liangzi relatives nature does not accept, they took photos asked why back these injuries no conclusion, why live to jump off building, why the House agreed to send money (fine) and adventure escape etc.. Prosecutors said, I don't know, now people have died, could not be checked. Liangzi relatives immediately get angry, bitter dispute with the prosecutor.

This is the first time to Liangzi relatives I describe in detail"Autopsy"The ins and outs of the process. I according to their description of the situation, then control the autopsy report, I think, in general, due to external force hit to cause death results are the key parts of the body, such as head, chest, abdomen and so on, but Liangzi body appearance because of high fall extrusion, has been difficult to judge its key is part of a surface wound before the formation of. The head is only traumatic hematoma, but high fall fatal position since in the chest, but according to Liu Hengfa and Zhang Jun said, first saw the dead Liangzi upper body is hanging in the platform outside, this situation should not cause trauma to the head. So, head trauma can at least be excluded with high fall related. Liu Hengfa and Zhang Jun have denied the beam has beaten up, so Liangzi head injury is how to form it, is constantly is your head against a wall? Forensic identification conclusion does not describe the degree of head injury, hematoma size, will not cause brain injury; severe head injury may also cause death. However, the forensic identification because"Liquefaction of brain tissue"Can not be tested for external force, the extent of the damage. That is to say, even more by external force hit on the head and cause death caused by traumatic brain injury, because you cannot check, it cannot be concluded.

Liangzi relatives didn't believe the local procuratorial organs of the conclusion, and the autopsy of twists and turns, and later on the autopsy process in many aspects of doubt, these factors caused not Liangzi relatives of the provincial procuratorate body identification conclusion. They urged the re identification.

5, review

In the2004Before the reform of the judicial expertise system, whether it is the first time the inspection or examination, can only be conducted by inspection agency, inspection, the establishment of public law, refuses to accept the re inspection conclusion requirements on, may be carried out by different organs, but for the parties, still holding"Officials one another"Skepticism. So, a lot of cases in this go round and begin again, re inspection, to widen the gap between the parties, and the authority of the conflict or confrontation. Each review, difficult to solve the problem or go farther. Now, although a certain degree of reform, but still unable to meet the desire of the reality of justice. When handling the case, how to solve these problems, it has become a difficult problem in front of me.

If the standard is vague, subjective components are mostly factors, the power of discretion. What must be re examination, which can review, which does not need to retest, retest which can not review, there are many uncertain variables. Inspection unit itself is the provincial Procuratorate, if the words can only be Supreme Procuratorate; and do not say the two are of the same system, the proposed to whom is the problem. Brought directly to the Supreme People's Procuratorate, no provisions of this procedure, the provincial Procuratorate, will not accept or shelved. If the proposed to the Ministry of public security, although not Procuratorate within the system, but also the authority within the system. If to the provincial medical institutions outside the system of qualification units forward, who has the right to make changes to the provincial judicial authorities concluded, besides, the organs of the test is second hospitals of province of. There is a very important problem, if really inspected, results could be good or be otherwise; so favorable, is able to prove more traumatic death, then, suspected malfeasance is intentional homicide (or injury lethal), in accordance with the understanding of Liangzi relatives, Liu Heng going to shoot. Probably? How likely is it? A lot of problems is not simple to either this or that. If you review only the probable conclusion and how to do, which is called"Half cooked rice".

Faced with these problems, the lawyer can not indecision, must make a choice. But the real choice is not a lawyer to make, must seek client opinion. The lawyer must do is to clients to explain all aspects of the problem. Similarly, in between the lawyers and the parties are often occur. In some cases, the relationship between lawyers and the parties than solving legal problems much more complicated. I think, a lawyer and client must grasp several principles for dealing with:

First, the authenticity principle. The lawyer at any time can not deceive deceive parties, parties may be a temporary solution to the problem, but it never solve the problem. If the parties accept, may not care about and lawyers, if not satisfied with the results, will and lawyer"After autumn"; deception can hide for a while, can not always hide, will be exposed by the day. So, the authenticity principle is one of the most important principles of the lawyer and client communication.

Second, the truth principle. Irrespective of the first time or many times with lawyers, whether it is only dealing with you or to more lawyers consulted, is very important to tell the truth. So, in order to get the business will overstate or understate the problem is not wise. The truth will be understood by the parties sooner or later. To understand the truth in accepting the truth before the truth, than later explain much more important.

Third, clear principle. Don't try to take professional terms the tiger live, should use simple words to explain the law. The term is the legal profession is used to solve the problem, rather than to the parties to the performance of their profound. Any legal terminology can not solve the problem of alternative, only the appropriate solutions and action is the fundamental.

Fourth, pay attention to principle. Not neglect the needs of the parties, the attention not only in business negotiations, should be run through the whole process agent. The parties most hated, is to speak as if it were raining flowers, money after a lawyer. Not only just not do business business lawyer.

Fifth, the fine principles. The lawyer be negligent is one of the most deadly. Like the patient safety entrusted to doctors, the parties will be the fate of lawyers. Although we cannot determine the fate of a lawyer, but irresponsible but can ruin the fate.

Sixth, communication principle. At any time, and the communication is very important. No substantial progress will often explain the situation to the active, parties to prospect for and look forward to the same important than final results.

Seventh, principles of persuasion. The doctors told the relatives by operation or conservative treatment, is the need to convince. Lawyers sometimes persuade the parties is very important. After understanding the more, amend or supplement the established plan, to persuade the parties to accept the results of reconstruction.

Eighth, listen to the principle. Just listen, and ignore the exchange, is very dangerous. Lawyers and judicial personnel should avoid First impressions are strongest. To solve the First impressions are strongest help the problem, can only be wishful thinking is a lawyer.

Ninth, the principle of confidentiality. Security includes two meanings: one is disclosed to third parties for matters entrusted by the parties, the unfavorable situation; two is due to handle the matters entrusted to the knowledge has nothing to do with the entrusted matters, without the agreement of the parties to disclose to the other third party. The principle of confidentiality, the relationship between the party and lawyer are very important, the trust law, the lawyer must not betray this trust. This is not the individual lawyers, but entire industry.

Tenth, guiding principle. Guide is not induced, but not tempt. Guidance is the proper grooming of fact and law based on the. The intentional error transfer information or misunderstanding, into the right track. The lawyer give or continue to error, the surface is respect for the parties involved, is actually damage the interests of the parties.

Eleventh, the principle of equity. The parties have a variety of adverse effects of different, equity stake in the outcome is a lawyer must make a choice. It's wrong or right, can lead directly to the interests of the parties choose. Therefore, the lawyer should not only make the right choice, but also to make rapid selection. This is the biggest test of lawyers skill. Like a doctor to patient selection and make a choice in the emergency operation.

Perhaps there are more principles, but mainly in here.

Application of these principles, in lawyer business is regular, there can be no other. In this case, these principles also plays an important role in.

"Review is not without reason, procuratorate agreed to review is not possible. But you thought not, if the results of the review more bad, how to do?"I ask Liangzi wife and brother.

"What adverse, but people have died."Liangzi brother said.

"I'm not forensic, I can only imagine, for example, the conclusion and the provincial procuratorate. The conclusions are consistent, or because the test conditions cannot draw firm conclusions, how to do?"I continued.

"Then, we also identified. But for now we do not accept this conclusion."Liangzi brother insisted.

"You mean if the conclusion is'His high fall'You can't accept?"I specifically asked.

"Is not this meaning, we just don't understand how could live down, he can't escape, to what the toilet window?"Liangzi brother said.

"Since we are analysis, will both benefit, also want to consider the adverse."I enlighten way.

"As long as you help us to re inspection, what we all recognize."Liangzi wife said angrily.

"Do you think, it is the best choice?"

The two recognized unanimously nod.

The lawyer is very important to correctly guide the parties, in many cases, will find different results. Of course, the guide must be adhered to: one is based on facts and law, there can be no deviation from the facts and legal guidance; two is for the purpose of service, the lawyer's job is to safeguard the legitimate rights and interests of the parties, this is the ultimate objective; three is the unfavorable results of the full analysis and description, not blindly indulge hide not conducive to the parties, results, or ultimately hurt is the lawyer himself.

Whether retesting problem with Liangzi brother and his wife repeatedly communication, I will be unfavorable results may repeatedly explained to them, such as not just thinking about that and now a different conclusion, should first consider the same conclusion do; if not be repeated, the opportunity is probably the only time, once and now the same conclusion may not be getting any again means. Now the situation is, the procuratorate for the case of qualitative has been formed, to change the malpractice suits almost impossible. But as long as you don't make a decision, Liangzi relatives and public security bureau is a diversion. People died in the public security bureau is a fact, although the Public Security Bureau replaced, but did not eliminate the contradiction. Both sides thought each other how to play, how to deal with; requirements review is naturally in the procuratorates and the Public Security Bureau expected, in the defense, but the results of the review how we really do not have any grasp. How to weigh in this case: to raise objections to the inspection conclusion as control means, still must recheck, which strategy is more room for retreat?

6The mystery

In Liangzi relatives on time, whether to apply for a review to shilly-shally I decided, first proposed the sight of the dead body to the requirements of the procuratorate.

"The sight of the dead body stem what, does not have this program."Prosecutors say.

"I don't think it is a process problem. It has been a long time, the problem is not resolved, the relatives of the dead bodies and doubt has been quietly cremated, in order to dispel their doubts, is to see the bodies of deceased relatives, should also with the program not what relationship."I'm not soft not hard road.

"However, this problem is not ours, you still find public security bureau."This is the organ of mutual prevarication the gimmick with idiomatic.

"You think I made the request to the Public Security Bureau right? Public Security Bureau is the crime unit, procuratorate is the investigation, prosecution unit; I as victims of agents to the units for the appropriate? Say, don't can look at the body, but also of the unit?"I still sigh and said.

"Then, I'm going to team leader."

"Well, I'm here."I said firmly road.

"You should go back to the bar, do not know can batch?"The officer.

"It's a hard decision?"I asked the seat edge edge.

I can see that, the prosecutor is expected to see the body demands of me. Give me the feeling, not because of what the program problem, but prosecutors do not know why I want to see. In fact, I was only a double meaning, one is to want to let Liangzi brother to have a look the body did not cremated, the elimination of judicial organs in some distrust; two is have a look corpse table state whether the inspection report of what is not consistent. For the latter, just from the appearance point of view.

In the procuratorate quietly waiting for an hour, prosecutors say is back with the Public Security Bureau contact, they do not oppose, but there are two requirements, one can not take pictures, two is not an accident. I asked what accident? Prosecutors said, because the body was frozen for so long time, large and change the situation at that time, the relatives of the dead don't see too emotional, make what unexpected move to. I asked may also have what accident? The prosecutor wants to say, and for such a long time, the cost is very high, has not paid, may prevent not to look at the crematorium. I asked, still have this kind of accident? Procuratorates as case handling units, Is it right? Should be sent together to, if this is the case, the procuratorate to solve. The prosecutor may regret saying much, said to be the whereabouts of leadership.

When the funeral we to, have to work the time. But because of the procuratorate and the Public Security Bureau (bureau of public security request sent to) come, funeral home was very fit. The prosecutor again told not to take photographs, prosecutors and police are not accompanied by entering. I and Huang Haibo lawyers and Liangzi brother with the funeral workers into the freezing chamber.

A funeral home worker opened a drawer from the window of a group of three middle group freezer, Liangzi bodies were large plastic bags wrapped. Staff from head to foot the plastic bag body middle zipper pull, unfolded in front of my eyes. Half a step back to work, I can see.

The whole body has already started to black, can't see people in the original color. I ask Liangzi brother"Is it"He nodded his head. The body's orbital has the deep depression, the formation of two black holes; the nose has also begun to corruption, into a black hole. I want a pair of gloves to staff, wearing the glove, I the body coat to both sides of the body to pull to pull, very dazzling dissected"Y"Font needle chest exposed--Consistent with the autopsy report record; I let the staff to help me to get the body side to move, so that you can see the back; the staff a little hesitated, still with me together dead lift. Because of the long flat's sake, back and front body color is completely different, showed near normal skin color. A contact in my previous cases, autopsy craniotomy, hair will tick very clean, but Liangzi hair but have not been removed. I suddenly thought: liquefaction of brain tissue, should be seen after the craniotomy craniotomy, not know how liquefaction of brain tissue. Is there really no brain inspection? I start in the body hair to look for traces, suture craniotomy head no, ear has not, I simply will head up, look back in the brain, or not. That is to say, any traces of the whole head and without craniotomy suture.

Guangzhou shelters occurred Sun Zhigang case almost be known to all, the case directly led to the abolition of housing "censorship". In fact, in a few years ago, I took a very similar case. A less than eighteen year old boy died in the shelter. There is no uniform caliber shelter three leadership, gave the family of the deceased three different death claim, a statement is dead in the toilet, another is anxious and died in the hospital, but also a saying that died in a prison cell. This argument makes who also can not accept. So, the family of the deceased for more than a year of petition, from the city to the area from the area, to the province, and finally to Beijing. I took the case of legal aid. After all the efforts of a few months, by the public security ministry of public security and the final composition department joint investigation group to the local, the strongest lineup room technology appraisal center of the Ministry of public security criminal science and forensic appearance. The parents of a child to see, for more than two hours, I always stand in that is soaked in brine for more than a year, the color black, the face has been showing a skull shaped body, a mosquito bite of Southern heat, One's pupils do not turn. watching the whole process. The final conclusion that the beating death of forensic identification. In this case, the media is far less so developed today, otherwise, maybe Sun Zhigang case will not happen--A system of earlier life.

Now, in the face of more bodies, I really have a winning excited.

Perhaps this is a breakthrough!

7And, O

After returning to Beijing, I have to consult experts in forensic identification of books and I see the condition of the body. Expert analysis,"Liquefaction of brain tissue"After traumatic brain injury is fatal, it is difficult to test. The body should be frozen, but prior to the inspection must be thawed; thawing time is also very important; time is short, the recovery is not to the original, some test can not be carried out; a long time, liquefaction may cause brain or other organs. If it is normal to thaw, these problems are noticed, unless there is a person in the link of deliberately tampering. I will, before the identification of Liangzi brother said to participate in the identification process and has the dispute, placed the body a day in the melt state, to the expert advice. Experts say, this situation produces tissue liquefaction probability is relatively large. I asked without craniotomy how can conclude brain liquefaction? Expert analysis, if without craniotomy, cannot see visually, may be the forensic according to state splanchnic tissue liquefaction assumptions.

Through to the expert, I believe that it must be the other weakness.

Indeed, Public Security Bureau and the commissar quickly rushed to Beijing, and I interview. I realized, the opportunity to solve the problem.

In fact, the lawyer handling the case, sometimes there will be some beat all opportunities arise, forms of these opportunities may be different, but once you realize that is an opportunity, we must firmly grasp. I tried to persuade Liangzi wife and brother don't put forward to reinspect, but in any case not have this opportunity.

With the leadership of the Public Security Bureau of negotiation is informal. Each test.

"What are the requirements you may say, our secretary, political commissar of the not come, can say we can immediately determine."The director is very happy to say.

I want to see in the local is in front of the director, but did not give me this opportunity and equal dialogue.

"I'm not what is required, the relatives of the victim's requirements."I say.

"On, on, their requirements, as long as reasonable, we can meet."The Secretary said.

"I frankly, from me as a lawyer, agent's point of view, he will not, also put forward any unreasonable request not to parties. The problem is, now the basic facts and the nature of the case is not clear; in this case, the request may be too early to. This is a hand. On the other hand, as a supplementary civil compensation request, after the prosecution court, we will carry out according to the standard. But the premise should be the fact and the nature of the case."I say.

"Can you say some details?"The commissar interjected.

"Some concrete is, if indeed the malfeasance, compensation standards are counted; if the other properties of the problem, the parties that may not care about the amount of compensation, the first need is to solve the problems of criminal responsibility."I explained.

"As if, as if......"And I mean is not specific.

"Say directly little, whether negligent or intentional."I say.

"This problem has been the procuratorate investigation, conclusions have been come out."They say.

"I don't know that the two leaders why came to claim the compensation problem."

And the director and the commissar talk does not seem to be easily. I tell them that, if the parties make unreasonable demands, I will not support, will make every effort to persuade. I say we as agent is firstly according to the facts and the law, protecting the interests of the parties at the same time, also not against each other's rights. Now the original body of inspection conclusion disagrees, may be the re inspection requirements, of course, if to the prosecutor's not accepted, may come to court also. When I said the body problem, observe sitting opposite me several expression, trying to capture the slight change. The Secretary said, inspection is the provincial Procuratorate made, we are of the unit, we definitely won't intervene. I said, I believe that the Public Security Bureau leadership will not intervene, but who can ensure that other people will not intervene? As each other to hear those words will be uncomfortable, but for the negotiation, I choose each other can accept the language as much as possible. In fact the problem with the truth, I have not the slightest concession; I said, although the autopsy is not your public security bureau do, but the problem is obviously, at last I say without mincing words to say,"For example, when the test without craniotomy'Liquefaction of brain tissue'Conclusion?"

When I get through the narrative Liangzi brother and director of the negotiations, said he did not understand, said the Public Security Bureau told them many times to mediation, their attitude is not to find out the truth, absolutely no mediation.

"Do you think what is the truth?"I asked.

"The truth is that my brother was Liu Hengfa and Zhang Jun to kill."Liangzi brother firm tone.

"Do you have any proofs?"I asked.

"But what evidence, people are dead."

"Is killed thrown downstairs or live downstairs?"I asked.

"Not that I know."

"Why do you insist that Liu Hengfa and Zhang Jun to kill?"I asked.

"It may not be my brother run down, he is really a crime, not to death, how can know is a five floor, also jump."

"Why can't be fell down?"I asked.

"......"

I will from the Public Security Bureau's old officer informal survey to the situation said Liangzi brother listen to ask Liu Heng, old Officer"There is no see people running out"The plot, Liangzi brother can't explain.

I said, can not be completely ruled out another possibility, Liu Hengfa and Zhang Jun when you brother on the toilet, not really in the toilet door of the prison--That position does not see, they want to anyway, five floor, your brother also ran, just stay in your room; when re look at the past, find your brother is not in the toilet, they think your brother away, in the building to find; building no ran outside to find. Maybe this time you brother is backed by a building wall standing between the toilet and their office window--If he fear may also fell, but is face down, may before this had dropped down. Why do you have no such possible?

Liangzi brother said, may also be Liu Hengfa and Zhang Jun after killing his brother, deliberately to find someone to witness against them, as if people can not find.

I said, your idea is not without a sense, but less likely to almost zero. Do you think your brother, that something, they need the hands do not like, what can the meritorious cases, is at best a fine. Moreover, their task is not only to guard interrogation.

Liangzi brother said as it is, my brother why regardless of the danger to escape?

I said, regardless of the danger is the fact, that was the evening, it is on the five floor, a little carelessness may lost their lives; but you said, your sister-in-law refused to take money, he called you, you think of a way to reply to him; he felt a short period of time will be take no money, can you go away.

Gradually, Liangzi brother began to analyze to which I recognized. He asked if I do such a thing? I say, even the last situation, people are dead in the Public Security Bureau, how to say, no sufficient evidence that your brother to escape, procuratorate also can't make this determination. Moreover, Liangzi indeed, subcutaneous ecchymosis multiple, isn't that falls cause; that is to say, if not hit your brother Liu HENGFA and Zhang Jun, do not rule out the interrogators beat him the day before. Therefore, the public security bureau responsible not only is one aspect of the. In this case, it will find out the truth as the ultimate objective, as well as the negotiations with the Public Security Bureau conditions. Even if is the administrative proceedings, in compensation law also can mediate. No premise one hundred percent grasp in the retest, why not consider get more compensation? Death cannot be reversed, but the family life must continue. When you have to face either fail to find out the truth, Liu Hengfa and Zhang Jun can't deserve sanctions, or can be much higher than the previous Public Security Bureau promised compensation, which one is more favorable to your family?

Liangzi brother and his family many consultations, the treatment assigned to me. I feel the heavy responsibility, there is no escape route, and it does not permit a miss; but to take maximum containment strategy, let the Public Security Bureau has not relaxed, only in this way can be made more families to accept compensation.

8, compensation

According to the local traffic accident compensation standards, at best, no more than fifty thousand yuan. Compensation in accordance with this standard, Liangzi relatives will never accept, especially when they shifted from"To find out the truth"Go to the"To obtain compensation"Later, became not had the patience.

I can see that, the director and the commissar with full sincerity. They are the only after the transfer. First we should solve this difficult problem, no matter which leadership will be a headache. But rather than negotiate and I don't want to face the relatives of the dead, it is also normal, contact with me at least not with the family of the deceased so embarrassing. When the director asked me what is the amount of compensation for the families of the deceased requirements, I did not answer, but asked to solve the problem of cost.

Long time morgue, mortuary fee exponentially, has nearly fifty thousand yuan. The public security bureau is a sum of money, all the costs are included. I said, to get compensation for the relatives of the dead, to cremation only after to pay a huge morgue fee, such treatment is appropriate? Director suggested that mortuary fee deducted from the compensation. I say, compensation standard and amount is specified, if the deduction, we must open button, the relatives of the dead will not accept. Director very embarrassed, said the huge amount of the fee is not paid. I propose to consider the coordination by City Hall, Civil Affairs Bureau and public security bureau is a government agency, the Bureau of civil affairs do have a loss, but high in cost, and high loss is not the same. Chief nodded silently, a smile.

Mortuary fee issue quickly reply, solved by the Bureau of civil affairs City Hall coordination. To solve the problem is finally changed stop state. The next is the specific amount of compensation. I asked the Secretary, why don't Liu Hengfa and Zhang Jun shall bear the liability for compensation, director of smell, undaunted, said the political and legal committee is by the Public Security Bureau for two people, again from their future wages gradually deduction. I asked, so two people to be able to continue to work in the Public Security Bureau, director of more difficult, if not continue to work in the Public Security Bureau, the compensation will not be back hope. I ask is to return to the paid compensation, the police keep, will produce what negative impact on other In-service Police? Chief murmured, this is not he can solve.

I began to the Secretary and the commissar for sympathy. They all suffer for the faults of another.

After several times with the director and the commissar treat a person with sincerity to talk, they played fair attitude to me very much, and I also to Party has done many well meaning persuasion. The time could not continue to delay, the case will soon be hearing, Wakayang Ko's relatives are not expected to get compensation, the trial will be very troublesome. At this time, the coordination ability of lawyer becomes very important. If with the public security bureau can not reach a compensation agreement, according to the prosecution of criminal incidental civil parties, don't say to get high compensation, is the basic compensation can not meet. I think, to deal with the case, in the"The truth"And"Satisfactory compensation"The relationship between is not completely opposite, not irreconcilable conflict. In the judicial practice, not all cases can be cracked, the cracked the case cannot be relatives of victims don't get compensation, is the truth are not relieved. But in this case, Liangzi relatives could in order to get the economic compensation for spiritual damage way to soothe. Although the economic compensation and cannot replace the lost spiritual damage, but no longer has the function of law is not set, otherwise the incidental civil action system.

So, I actively seek the relatives of the victim can accept the amount of compensation, especially at the last minute negotiations, when large amount has been basically established, to narrow the gap to such as do not take extraordinary measures, will fail on the verge of success when I put one's foot down, make a choice: give up the lawyer fee.

When I speak my decision, director and they are do not understand. I said, a lawyer by income for living, but can not be equated income and life. Lawyers can do the slave of the law, but can not be the slave of money. If not much difference between the amount not acceptable because the parties to consider how to pay my lawyer's fee and, if the only way is the only way to solve the problem, then I would rather give up.

Later, I sometimes think this case, what factors made the final results, only the brave, not necessarily, there must be a lawyer should have wisdom. Of course, be brave, I thought I do can do under the existing system level. But still feel some regret, the regret not to be on my own performance accountability, but the missing from the related system. In fact, there are still in doubt, but because the system of lawyers right of investigation and evidence collection limits, make when the judicial organ slack to fulfill its duties, the lawyer does not have the necessary means to control. Whether in the criminal agent or defense, this case is not unique.

Brave, paid off in the case, is the family of the deceased for they had wanted to all dare not to think of the amount of compensation. For me, it paid off; you may ask: you spend a lot of time, energy and money, and even the final agency fees waived, get what reward? I want to say, as long as the courage to return for the benefit maximization, the parties have fully affirmed the value and meaning of existence, is the lawyer.

After I said: This is the body touch of compensation.