In December 7, 1974, the criminal suspect Qin XX (female) organization, Dong x Li breaking into my house, I will be injured, injury after eight times of diagnosis and forensic: head 4cm wound, concussion, fractures, injuries, after the suspect Dong X and in another case where will Zhang Hua killed. The behaviour of the public security, procuratorial organs of three suspects have been identified, and two case was established as a criminal case, so far no case, no decision may be exempted from criminal punishment, the court did not deny the three suspects the above behavior. On the basis of the facts of the case and relevant laws, three men who allegedly injury crime, crime of housebreaking, and causing death, but let a person hard to imagine, Shaanxi province Xianyang City Weicheng District People's court was in violation of the law on jurisdiction division of labor regulations, let the case only a small case, refusing to perform "Punishment Procedure Law" provisions of article seventh, pervert the law ruling, and refused to correct the wrong, give three suspects privilege beyond the law, neither bear criminal responsibility, administrative responsibility, civil liability is not a penny. The day I appeal petition for more than ten years, the material is provincial court rejected six times, all the provisions of the appeal petition finished program, still not fair treatment and compensation. For details, please refer to the following: incidental civil judgment, and criminal incidental civil complaint (with report material), I am willing to take full responsibility for the authenticity of the disclosure of the case.Click on the lower right corner: "read" reading

 

 

     

                        Criminal civil incidental appeal                                  Plaintiff: (the incidental civil plaintiff) Zhang Lianjun, male, Zhongshan street Xianyang City

   Respondent: (the accused the prosecution case) Dong Baolin, male, live in Northwest Rubber Research institute.

   Respondent: (the incidental civil defendant) Qin Yan wins, woman, the wife of Dong Baolin.

   Respondent: (the incidental civil defendant) Li Zhiqiang, male, Department of the defendant Dong Baolin brother-in-law.

   Case  By: hurt, housebreaking (cause and another death)

   Requests: 1 request start the trial supervision procedures, revoked (2000) Xian Wei law early penalty criminal No. thirty-sixth incidental civil judgment, the court of second instance (2000) No. 131st ruling and dismissed the notice of appeal. According to the relevant laws and regulations of 2 by the Xianyang City Intermediate People's Court of the three people involved in a crime gang killed our things and hurt the case tried combined or separate retrial hurt the complainant case, investigate the criminal responsibility for all the economic losses, the complainant.

   The plaintiff refuses to accept a judgment of second instance trial of No. thirty-sixth, No. 131 rulings and provincial and municipal, district level three Court rejected the appeal notice of appeal.

The facts and reasons:

   A trial procedure, the serious illegal, according to the law, a trial of invalid shall be revoked

  1The court of first instance no jurisdiction in this case is the case of illegal.The court of first instance in 1996 3 month directly from the public security organs to fetch the file and asked the victim illegally (appeal) of them reported, because the victim proposed does not conform to the law to stop trying to return the files, this is the first instance court hearing the case second illegal. The plaintiff in the Qin Yanying plan organization accused Dong Baolin, Li Zhiqiang forced entry into fracture "minor" after August 9, 1995, defendant Dong Baolin and Lian x, Zhang Mou the stomach in Zhang Hua played three fist (Department of justice that actually committing actions to no location, number and weight of points) led the death of Zhang Hua. Xianyang City Intermediate People's court at the end of 1996, will Zhang Hua killed all the people involved in the case of the death cases involved including the case of injury, traffic accident, fraud, drug trafficking case with acceptance. Because at that time the complainant in identification and diagnosis were asked endless (eight times), in order to from the fight against crime, the Xianyang City Intermediate People's court agreed to Dong Baolin involves two separate pending case. "Zhang Moumou and defendant Dong Baolin killed Zhang Hua's behavior completely consistent be mitigated punishment from three years in prison, the other ten criminals sentenced to three years of punishment and death penalty. (please refer to the intermediate people's Court of Xianyang city [1996] No. 117th criminal judgments) in this case the defendant Dong Baolin killed Zhang Hua to the complainant minor minimum should also be sentenced to three years penal.

   The complainant had to the court of first instance, and the presiding judge of this case report accused Dong Baolin killed a thing in China, but the court of first instance commit a crime it knowingly, serious illegal case, Dong Baolin will be involved in two case of separation, evade the crucial point, only the ultra vires illegal trial of the case, in no factual basis and legal basis for the case acquit the accused, dismissed the incidental civil action, given three criminals privilege beyond the law, not to assume any responsibility, nor to the victim (i.e. do boldly what is righteous person) compensation.

   Based on the case three suspects killed one person, causing "minor" one crime fact, the original judgment violated the "Criminal Procedure Law" nineteenth, 20, 24, the Supreme People's Court on the implementation of the criminal procedure law interpretation fifth, national six departments of several issues concerning the implementation of the criminal litigation law the provisions of article fifth of the cases under the jurisdiction of the division of labor, the court of first instance in June 4, 2004 in written form to the complainant admitted that "the school of the case (i.e. Dong Baolin involved two cases) no jurisdiction", based on Several Issues concerning the implementation of the Criminal Procedure Law in the provisions of the State Department the first: "six any non-compliance with the provisions of the file criminal procedure law on the provisions of the division of jurisdiction shall be null and void", Xian Wei law punishment Chu Zi (2000) No. thirty-sixth criminal incidental civil judgment is invalid shall be revoked.

    2 Judges deliberately not to third the defendant indictment, Li Zhiqiang did not appear in court to defendant, belong to illegal trial procedures. 　　　　　

    3 for the victim is caused by cerebral concussion, scalp 4cm wound hospitalization and economic losses of about 40000 yuan, Li Zhiqiang, the verdict was no mention of Li Zhiqiang, bear civil compensation request not to reject, without judgment, belong to illegal trial procedures.

   4 to file an incidental civil action is the law gives the right of victim in criminal cases, the judgment in the absence of a lack of support in incidental civil action, also did not refuse to accept the case and without any factual reasons and legal basis for the case dismissed the incidental civil request, belong to illegal trial procedures.

   Two, the original judgment that events and facts, not in conformity with the law

   1The original judgment that the victim does not fit the facts and identificationReason1The presiding judge in court declared by the court to give the victim ninth times not to cooperate with the victim identification, court leadership and judge this decision has not changed since the.②The victim has been done eight times identified, conclusion is unanimous: fracture, injury in time for the new injury, this shows that the victim is in line with the identification of the.③Determination of three so-called "evidence" is not the victim does not match the establishment of identification. The first so-called "evidence"The defendant Dong Baolin second "application" is the presiding judge court announced the re identification of no appeal to cooperate, the complainant report after the presiding judge and law7Future 2000Years 5On 18Day came, in the procedure the procedure illegal inversion, and "application" did not put forward the re identification of reason, purpose and any objection to the eight previous diagnosis, second "application" so the defendant is the presiding judge and law and criminal defendants illegal string through evidence, its contents are not in accordance with the requirements of laws and regulations, the so-called "application" could not be established.The first re identification for the defendant is 99 years in October 19 to the procuratorate.Written materials second so-called "evidence" that the province people's hospital refused to identify is the original trial investigators evidence of illegal identification did not succeed.The third so-called "evidence" is the requirement that the court discipline inspection cadres informants July 6, 2000 written report material, is illegal police use, will report material change of use is illegal.When the situation is: after the chief judge not the victim to the identification of several days, the bailiff and a notice of summons the victim to handheld identification, the bailiff of external personnel, no law enforcement qualification, neither to the judicial power of attorney and related costs, and don't give me the summons, and notice and judge decided instead, the plaintiff was a catch in it, not know what course to take and confused, immediately to the court made anti Yang, court judge in leadership and discipline inspection office to the victim's reply not sure authentication matter bailiff notification, the authentication matter did not cancel the judge decided, agreed to report to the court judge illegal handling, whether identification according to the court's decision to ban, but has not found the results.But the court discipline inspection cadres to investigate and deal with illegal handling by the police, request the victim will court reply to the illegal handling dissatisfaction with the form and write up a report material, the discipline inspection and handling of materials have been illegally on the criminal record, as the victim of the illegal evidence use.This is a carefully designed a trap and trap, the victim identification, identification and whether successful or not, will fall into this trap and trap, eight times before the diagnosis conclusion doesn't admit, if the authentication is successful, some people will take to identify bugs, and do not admit, because the complainant executed the court and the presiding judge decision and in accordance with the court disciplinary inspection requirements up to write a report material, naturally fell into the trap and trap, the trap and trap the victim had met four or five times. Clearly the court disciplinary inspection requirements of the victim2000Years 7On 6The report, written materials, is induced to take deception, illegal access, this report material as a criminal case victim does not match the forensic evidence is illegal, invalid.The judgment that the victim Zhang Lianjun not with forensic untenable.

   2The judgement of the lower court said: "the accused Dong Baolin of the forensic objection and asked to identify" no legal basis, and the factsThe reason, the front has been the.

    3 victims have done eight times identified, why the endless to victims, diagnosis and identification? What should the appraisal conclusion what kind?The eight diagnostic conclusion the victim is the crystallization of numerous hospitals, the Justice Department, Professor of forensic experts, highly responsible, noble medical ethics, the skill, the authority, fairness, consistency, relevance, confirming each other, is to be above suspicion doubt, the court of first instance and the "murder" harm and defender of the criminal the eight diagnosis could not raise any objections, did not find any doubt, eight identification and diagnosis conclusion satisfactorily answered all the questions about the injury from different angles, and the three judicial expertise procedure legal, legitimate identification, identification conclusion is consistent, not only with the medical diagnosis and the victim state associated with each other, and "standard" identification of the body injured tenth provisions,Therefore, the original judgment that: "the forensic identification was unable to confirm the facts and legal basis for" no reason.

   4. A common injury case, investigation and prosecution organ which lasted six years for the victim to do eight diagnosis appraisal, legal regulations and practices and will reduce the defendant's guilt was formed by foot after the indictment, the original judgment of the indictment charges the defendants were guilty of assault evidence does not support, no not shall not be accepted, not found, also did not put forward any reason of insufficient evidence, but did not present evidence enough to overthrow the reason,Therefore, the indictment accused the defendant committed the crime of intentional injury and the facts are clear, the evidence is conclusive enough, the original judgment that: "the crime of intentional injury of insufficient evidence" is unreasonable, falsely accused the defendant Dong Baolin crime indictment.

   5The original verdict that Dong Baolin a crime against the facts. The fact is, Qin Dong, Li trio involved in committing the crime, burglary, assault, Dong Li, Li brick to the concussion of the brain, the scalp 4cm wound.

   Three, the original judgment according to acquit the accused "evidence" reason does not exist, not legal, dismissed the incidental civil procedure illegal.

1 the original judgment according to acquit the accused is the reason for the decision contained in the book: "the defendant Dong Baolin challenged the forensic identification, and asked to identify, the Institute was commissioned to re identification of Shaanxi People's Hospital Zhang Lianjun injury, but Zhang Lianjun refused to cooperate, so the forensic identification cannot confirm" and that "the indictment accused the defendant damage lack of evidence of the crime". Obviously these so-called factual evidence, unless the principal identification unit, the rest are not present, is not established, the detailed reasons for the front has been the.The most important is: This is a case of public prosecution, the law to the judiciary investigation of criminal cases (i.e. mandatory) rights, whether the parties with the investigation, case will not affect the judicial organs in accordance with the law, 98 years in the case of archives in September 7th, Professor Yang Meng X-ray forensic Wang Wanli Qing signed fluoroscopy is single, the public security organs product compulsory forensic identification of victims, when the injury diagnosis of fracture, forensic identification (must be injured) by the public security authorities forced the cancellation. So in a coalition refused to cooperate with the forensic identification as the main evidence to acquit the accused, there is no legal and factual basis, is a typical pervert the law ruling.

   2, Qin Dong, Li trio Gang hurt the complainant and caused the people of about forty thousand yuan economic loss is the fact, that the court did not deny that, defendant Dong Baolin is recognized and the court expressed willingness to bear corresponding civil liability,Slight injuries is true only for the sentencing impact, facts, not change the three defendant, private homes to injure the plaintiff and the fact that caused the plaintiff concussion, fracture, economic loss. So the original verdict rejected the plaintiff in incidental civil action, not to give compensation, no legal and factual basis, is a typical pervert the law ruling.

   Four, the court of first instance trial deprived the litigation rights and rights of the evidence, leading to pervert the judgment.

In the case of the court of first instance judges deprivation litigation power no victims to sue the third defendant Li Zhiqiang, not to the third defendant Li Zhiqiang served on the indictment to Li Zhiqiang did not appear in court, the trial by "the case is the case without the victim right of speech" as an excuse not to the victim of illegal trial objection.

   Five, the court of first instance violating the withdrawal system, leading to pervert the judgment.

When the victim found the original trial personnel in violation of the provisions of colluding with the homicide injury, accept a banquet and in public hysteria abuse insult the victim, going so far as to retaliate against the victim and other violations of laws and regulations in the trial, namely, submit a written application to the original trial court, request the avoidance of judges, the trial the court has no handle and reply, leading to the occurrence of pervert the law ruling. The second instance court review procedure to not, so say rude.

   Six, the original judgment erroneous application of the law

"Criminal Procedure Law" 162nd Article 3 paragraph: "the evidence is insufficient, not the defendant is found guilty, he should make the lack of evidence, the crime accused cannot be established the not guilty verdict," and the court of first instance verdict as "Zhang Lianjun refused to cooperate with the (Ninth diagnostic identification)" on the grounds that: "the forensic identification cannot confirmation" and concluded: "the charges against the defendant committed the crime of intentional injury of insufficient evidence.",Therefore, the original judgment ascertaining the facts for the evidence is insufficient, does not belong to also do not accord with the "Criminal Procedure Law" 162nd Article 3 provisions, obviously erroneous application of the law.

Should apply the "Criminal Procedure Law" 162 Article 1, "criminal law" Article 234 and related laws and the facts of the case sentenced the defendant to three years in prison, and compensation for the victims of all economic losses. 

    Seven, the ruling, dismissed the appeal notice as inaction, not as random as

The ruling, dismissed the appeal notice that the original judgment problem but does not correct the omission, and require the complainant to appeal to the court trial, other, knowing that the court of first instance shall not be entitled to the illegal cases, and no legal basis acquit the accused, but simply that the procedure legal sentence correctly... The complainant can find a trial of many illegal, and the people's Court of the case of the times we were wrong not investigate, to reject the appeal is, this is the level of problems, or ideological problems?   

    Eight, in this case the defendant Dong Baolin, Li Ziqiang also suspected of having committed a crime of housebreaking

The defendant Dong Baolin, Li Zhiqiang holding a brick, forced into the family violence, serious consequences caused by fracture, I concussion, minor injuries, but also violated the family and I living security and tranquility right fact is also fully consistent with the crime of housebreaking elements, if difficult to set up the crime of intentional injury, should also be held accountable for their crime of housebreaking, judicial organs is associated with this law does not understand?(this is the new evidence, reason this appeal)                                                                                   

    Nine, the court of first instance trial long play favouritism and commit irregularities, illegal handling, pervert the law case, the revenge against personnel report established, irrefutable evidence.

The concrete facts and reasons are as follows:

1 Accept the banquets and become integrated with behavior.

2 On abuse insult appeal public hysteria, going so far as to retaliate against the complainant in the trial behavior.

3 Deprive plaintiffs of the supplementary civil litigation rights, not to prosecute the defendant Li Zhiqiang's actions.

4 Not to the defendant Li Zhiqiang served on the indictment to the failing to appear in court actions.

5 Received the Dong Baolin killed Zhang Hua report not in accordance with the provisions, still shielding Dong Baolin behavior.

6 Knowing that Dong Baolin killed Zhang Hua, the case is still illegal, illegal trial behavior.

7 No witnesses testifying behavior.

8 Not all victims of the evidence act.

9 Let the collusion in May 18, 2000 up to write "application" behavior in the illegal handling after exposure and criminal homicide injury.

10Illegal collection of public prosecution victims of so-called evidence of illegal behavior.

11The illegal "application" the illegal handling evidence upside down as the victim does not match the distorted identification evidence act.

12His illegal evidence in the identification of the provincial people's hospital to refuse illegal identification of materials for the victim does not fit the evidence reversal distort behavior identification.

13The discipline inspection and handling of materials, illegal in criminal record, as the victim does not match the identification evidence act.

14In the case of damage (kill) criminal court trial in public law the victim's behavior.

15Do not go to the victims identified victim identification department's behavior.

16They make unfounded countercharges illegal identification is blocked, against the victim does not match the forensic identification of behavior.

17Qin Yan won the case up to hide her husband: "'to' her husband" behavior, and hide the behavior is called Li Zhiqiang the.

18The Dong, Qin, Lee three involved in the crime, Li Dong, burglary, assault case making hide as Dong Dong in the other person committing a crime, the behavior of.

19Hide Li Zhiqiang commit a crime victim scalp wound induced 4cm, concussion of the brain behavior.

20Hide the plaintiff asked the defendant Li Zhiqiang compensation for losses and to claim damages request not ruling behavior.

21No legal and factual basis that Dong Baolin challenged the forensic behavior.

22No legal and factual basis that "forensic cannot confirm" behavior

23No legal and factual basis that "according to the indictment, Dong Baolin committed the crime of intentional injury of insufficient evidence".

24The abuse of "Criminal Procedure Law" 162nd Article 3 of the act.

25The law behavior.

26Acquit the accused's behavior in the absence of any legal and factual circumstances.

27In the absence of any legal and factual basis case dismissed the incidental civil action, not to the compensation behavior.

28Over period of trial behavior.

To sum up:

   In accordance with the facts of the case and the "Criminal Procedure Law" in Article 191, the court shall rescind the original judgment remanding; complaint the complainant is fully consistent with the "criminal law" Article 204 and the Supreme People's Court on the trial supervision procedure starts cancellation policy decision to re trial; with some problems about the implementation of the criminal procedure law six state department the first: "any does not conform to the specified file criminal procedure law on the jurisdiction division provisions are null and void", judicial, procuratorial organs at higher levels shall rescind the original judgment will be the case with Dong Baolin killed a thing with Zhang, transferred to the Xianyang City Intermediate People's court.

 

Yours sincerely

The CPC Central Committee             The Supreme People's Procuratorate           Supreme People's court

The CPC Shaanxi Provincial Committee         Shaanxi Provincial People's Procuratorate         The Shaanxi Provincial Higher People's court

CPC Xianyang Municipal Committee of political science and law         Xianyang City People's Procuratorate         Xianyang City Intermediate People's court       

                             

 

                                              Plaintiff: Zhang Lianjun

                                                 2011 2.15

 

                          Contact address:Caominhufa@sina.com