The Zhao Zuohai case

 　　　　　　　　　　　　　　           Shanghai criminal lawyer Wang Jihua

 

Wedge: the case of Zhao Zuohai through the whole society's concern with vigour and vitality, with six torture to extract confessions of the policemen be sued to the court, the case handling personnel at all levels of handling the case of the received administrative punishments in different degree, Zhao Zuohai gets that exceeds the legal provisions that will come to an end, material compensation, come to an end. The author as a host of chief prosecutor, got the chance to experience this modern version of strike the table in surprise. A common criminal case, in retrospect but that have a lingering fear, be struck with fright. As a witness, I want to have the responsibility to a real case of Zhao Zuohai was released and the world, let the truth exposed Yu Yangguang, let the people understand the real case, but also for the legislators, the judiciary, researchers with a real case data, draw lessons from the aspects of the case so that, as far as possible avoid wrong again.

 

A, a stone arouses thousand layer wave

 

The year May 2, 2010 at noon, a holiday very not easy to wait until the. Like many civil servants, I will stop the footsteps of a hurry, expand the frown, walking in the bustling streets together with his wife and children, leisurely enjoy the happiness of a family union family.

 

Jingle bell...... Display a strange, Zhecheng County of Henan province fixed telephone number on mobile phone.

 

"Don't answer!" See the wife was unhappy, I do not answer the phone.

 

The bell rang again stubbornly, or the number. "May be legal advisory telephone, don't know is the holiday? Determined not to." I muttered.

 

As a lawyer, often receive legal advisory telephone. I think I have more self-control, generally patiently answer this anonymous counseling. There are special circumstances, there was a consultant at 4 through my mobile phone. I'm not angry questioned why call now, he should answer: now call costs low! The other people laugh and cry.

 

Not and in a short while, information. I see, is Zhecheng County procuratorate a leadership, "in a hurry, call back rate!"

 

My heart is one Leng, immediately call back.

 

"How not to answer the phone?"

 

"Sorry, street sounds dry miscellaneous, not to hear. Have you got anything to do.

 

"An accident, Zhao Zhenshang is back!"

 

"Who is Zhao Zhenshang?" I thought, what is the relationship between Zhao Zhenshang and come back to me!

 

"You forget, Zhao Zuohai murder case, you do. Zhao Zhenshang is the case victim, back now." The other said hurriedly.

 

"Zhao Zuohai homicide...... In this case, if have, time is too long, can't remember...... What's the matter.

 

"Zhao Zuohai murder victim, Zhao Zhenshang of the case, the day before yesterday back."

 

"He was not killed it, how to come back again...... The exact message?"

 

"Is true, the Public Security Bureau has to go to the village to verify, really is Zhao Zhenshang."

 

"That's not a big deal!"

 

"The trouble, you know it, don't give others said, now the news is still closed."

 

Mobile phone hang up. My head has been muddled, high functioning brain, search information on each case of Zhao Zuohai.

 

Thirteen years of working as a chief procurator, dealt with nearly 100 serious cases, on-the-spot supervision over dozens of criminals are executed, resigned after nearly ten years in the criminal defense lawyer, of course I know the serious consequences of the victim back what is - this means that the gate has been to all judicial staff to handle the Zhao Zuohai case opened. 

Love felt my mood is right, what happened to ask? I said there is a case, the problem may be a bit, you play with me, I'm sorry, I'm going back to my office.

 

Also to explain, I quickly returned to the office, open the computer, find some related to the case record. Some intermittent information about Zhao Zuohai, like debris floating in a wide to narrow river, gradually appears in front of me.......

 

Two, people killed the cat

 

In 1998, one day, the Shangqiu Municipal People's Procuratorate office clerk gave me the file - Zhao Zuohai murder case.

 

Accept the municipal procuratorate Office of criminal cases, which is commonly known as the "three criminal punishable" (namely the death penalty, the death penalty was suspended for two years, life imprisonment) case. We often handle major and important cases, the intentional homicide, not surprised.

 

The public security organs to submit details of a case is very simple: in October 31, 1997 22 when make, Zhao Zuohai in the village of Du Xiaohua (a pseudonym), is the village of Zhao Zhenshang with the sword in the head. Zhao Zuohai ran home, Zhao Zhenshang to catch up to Zhao Zuohai home, Zhao Zuohai and Zhao Zhenshang fought back. In the tearing process, Zhao Zuohai grabbed the sword, stabbed in the chest caused the death of Zhao Zhenshang. After Zhao Zuohai to cover up the crime, Zhao Zhenshang head, limbs dismembered bodies, the body of the chest part into a well in the village, the other part.

 

By marking, finds that the case evidence:

 

1, the defendant Zhao Zuohai nine times guilty confession. Zhao Zuohai nine general description of the criminal process is confession:

 

"I'm an improper relationship with the village villagers Du Xiaohua. The night of October 31, 1997, I went to her house, has been lights out after the occurrence of the relationship, and not go to sleep. Approximately to eleven at night, around two a.m., I heard someone opened the door of the hall. The man walked over to the bed, struck the match. I saw Zhao Zhenshang, holding a knife, I even cut a few knife. I used my hand, my head, arms have been knifed injury. Zhao Zhenshang hit me, and ran out of the door. I got dressed, after Zhao Zhenshang was behind me. I ran to my door, Zhao Zhenshang catch up. I can't run away, then turned and fought. The tear to fight, I carry a knife stabbed Zhao Zhenshang in the stomach or chest, Zhao Zhenshang will be killed. I was covered in blood, after returning home, I love to see blood all over me, ask me what's going on? I said: "don't ask, I am sorry you, shame!" My wife also did not ask again, want to let me go to the hospital, I said nothing. There was blood on my body, no bed. The hospital has a tobacco baking (low layer building rural baking tobacco leaf), I took the quilt sleep in tobacco baking. That night, I pulled Zhao Zhenshang into the yard, want to put his body to unravel, throw out. I use a knife to Zhao Zhenshang head, arm, thigh cut open, I find my lover to grain edible Sheng fertilizer bag sewing a large bag, turned Zhao Zhenshang in, use the car rack my pulled to the village outside into the well. I fear that a future, and found the stone in the village, onto the cart, thrown into the well. And then come back to Zhao Zhenshang's limbs and head. Because the hospital blood, I with little soil cover it. The second day, I let my wife to the village clinic to take some medicine. I put Zhao Zhenshang's clothes in tobacco baking, later.

 

2, the testimony of Du Xiaohua: that was an improper relationship with Zhao Zuohai, Zhao Zhenshang, Zhao Zuohai also prove that night at home, we after the occurrence of the relationship, about eleven that night, two, also did not rest, has turned off the lights. When I heard the door to stamp, someone came in. The man walked over to the bed and struck a match, I see Zhao Zhenshang, he took the knife, to cut down as Zhao Hai tou, ran. Zhao Zuohai put on his coat and went out. After what happened, I don't know. A few days later, I haven't met Zhao Zuohai, I never asked. But from that day on, I have never seen Zhao Zhenshang. I have never asked Zhao Zuohai Zhao Zhenshang why not see.

 

3, Zhao Zuohai wife Zhao Xiaoqi proved that: one day in the winter of 1997 at eleven, two, I have to sleep. After Zhao Zuohai went back home, I saw him covered in blood, asked what was happening, he does not say why, just say you don't ask, shame. That night he slept inside the tobacco baking. The second day I to the village clinic to take medicine, he dressed. Later, I found my home sewing grain fertilizer bag gone. At the same time to prove that a few days, Zhao Zhenshang did not know why not see.

 

4, Zhao Zuohai's brother and the other villagers that Zhao Zuohai is injured at that time inside.

 

5, Zhao Zhenshang's nephew, Zhao Zuoyin proved Zhao Zhenshang's missing, missing found Zhao Zhenshang home more chaos, if stolen. At the same time that doubt is killed by Zhao Zuohai, and once to the Zhecheng County Public Security Bureau police station Lao Wang set. Zhecheng County Public Security Bureau because no body was found, no case.

 

6, clinics proved that Zhao Zuohai's wife did at that time Zhao Zuohai took the medicine.

 

7, other villagers in the village of Zhao Zuohai, Zhao Zhenshang proved that both Du Xiaohua and improper relationship.

 

8, site survey notes, photographs and other evidence.

 

9, about the height of forensic corpse corruption, unable to make a value identification description.

 

10, Zhao Xiaoqi recognize record, through recognition package body fertilizer bags, this bag is my determination, but also my sewing needle angle, which is I with black stitches.

 

By marking can be identified, the following evidence that Zhao Zuohai existed significant murder suspect:

 

1, Zhao Zuohai had done nine times to confession, but also the first confession of guilt in the evening of May 9, 1998, by the Zhecheng County Public Security Bureau control after a night and confessed to the killings. Generally speaking, in such a short period of time, a confession made larger, objectivity.

 

2, Zhao Zuohai had an improper relationship with Du flowers, do not rule out and produce a motive because of jealousy.

 

3, Zhao Zhenshang is in the two tear dozen night missing, this is a fact not a coincidence. If the body is not Zhao Zhenshang, then where's Zhao Zhenshang? Who is this?

 

4, Zhao Zuohai's head in Zhao Zhenshang disappeared with the fact of injury and body. This fact not only Zhao Zuohai confession, and his wife, child, villagers and evidence, the facts are clear, the evidence is sufficient.

 

By 5, Zhao Xiaoqi recognize package body fertilizer bags, this bag is recognized her, and still I slit the details, confirms Zhao Zuohai after the murder to destroy the evidence fact.

 

Based on the available evidence, basic can confirm that Zhao Zuohai is intentional homicide major suspect.

 

Three, such a tangle of what?

 

Zhao Zhenshang "Resurrection", The case is entirely cleared. in the world. Idiot idiot, stupid, incompetent, etc. various kinds of dirty words poured in the investigators on the head. Do not understand such a simple case, how to do wrong! Hate can't take that investigators have pulled out of shot, which is the heart of hate. Objectively speaking, this is indeed a bit after Zhuge too. The major media to interview me, asked if I was Is it right? Convinced that Zhao Zuohai is wrong, right Is it right? Because their opinions are not adopted and the red crown anger, angrily resigned. I know, this is a good opportunity to own speculation, especially as a lawyer occupation, need more such speculation. Doing so will let the public might be to me more praise, but will lead to legal person laugh, because this is in without a blush. To tell you the truth, I think, can not be ruled out Zhao Zuohai a major suspect. A major suspect, is not equal to the case facts are clear, the evidence is sufficient. According to the evidence, the case is in the Guan Jian plot and details of the doubt, this is a personal evidence consciousness, legal consciousness, experience in handling cases, analysis of comprehensive quality of judgement, decision making ability and other considerations.

 

According to the evidence, the case has the following problems:

 

Who is the 1, the victim. Zhao Zuohai finds that the intentional homicide, must reach the facts are clear, the evidence is sufficient, in order to finalize. In other words, is that Zhao Zuohai deliberately killed Zhao Zhenshang facts are clear, evidence really fully, must find out that Zhao Zhenshang was killed. How to identify Zhao Zhenshang die? How to determine the incomplete body was Zhao Zhenshang, the problem is not solved, everything is impossible. "The law of criminal procedure", criminal case conditions are two: first, there is a crime. Two, need to be investigated for criminal responsibility. In the case of compliance with the requirements for filing, indeed there is a crime, criminal facts is that someone was killed. But it is not up to the standard of prosecution, can not be identified is Zhao Zhenshang. Although Zhao Zhenshang's disappearance and the case with a link, but not up to the same standards for identification.

 

2, Zhao Zuohai and Zhao Zhenshang again took place to fight the odds, whether objective?

According to the time of Zhao Zuohai confession and Du floret testimony, Zhao Zhenshang Chao Zhao Hai tou on for cutting and ran away. Zhao Zuohai put on clothes, after Zhao Zhenshang, two people have the tear. The weather has been cold at the time, Zhao Zuohai put on the clothes also need some time, at this time Zhao Zhenshang had run, how can Zhao Zuohai catch up? Only one point, is Zhao Zhenshang outside waiting for Zhao Zuohai. If Zhao Zhenshang needs to continue to implement the assault on Zhao Zuohai's words, why from Du floret ran out of house? Direct while Zhao Zuohai didn't wear clothes and continue to unsuspecting circumstances slash is not more convenient? Zhao Zhenshang Zhao Zuohai was big, thin and short, if the wait until Zhao Zuohai came out and fight, Zhao Zuohai panic, inevitable desperate, Zhao Zhenshang is the opponent?

 

3, Zhao Zuohai in the end what the knife to kill Zhao Zhenshang?

Zhao Zuohai confession, confession is sometimes took Zhao Zhenshang's knife will Zhao Zhenshang killed, sometimes confession with his knife and carry the Zhao Zhenshang will be killed. Zhao Zuohai and her date, still need to carry the weapon? According to Zhao Zuohai confession, carrying weapons to defend themselves. Du Xiaohua's husband to go out to work, Zhao Zuohai carrying a knife in order to prevent who? Two knives in where?

 

4, according to the existing body of the fracture site, cut marks, according to Zhao Zuohai confessed the murder weapon, generally difficult to form such a shape.

 

5, Zhao Zhenshang's head and limbs whereabouts unknown.

In general, the intentional homicide case, since the confession of the accused is killing the facts, the statement clearly relevant evidence. Zhao Zuohai has confessed to Zhao Zhenshang's body into the wells, there is no need to hide the head, limbs, lethal weapons to other parts, but why not confessed hiding place? Zhao Zuohai began to confession limbs into the river, and later confession is buried in the ground, and finally confesses buried in the ground not trust, afraid of being found, the corpse dug up. It is mean to put the body that cannot find the degree that is willing to give up, the other people say.

 

6, Zhao Zuohai in the case of injury, will such a heavy stone onto the cart, the three stone in the well, it seems unlikely. Each stone the size weight not one, the largest weighing about three, four hundred pounds, Zhao Zuohai is able to move.

 

7, the witness, Zhao Zhenshang at the time of the disappearance, the home is very chaotic, doors were not closed, seems to have stolen signs. In general, Zhao Zhenshang went out to teach Zhao Zuohai, cannot and does not need to be home very confused. Zhao Zhenshang was alone, the home is not rich, are subject to theft is unlikely, but did not find the stolen items in their home. Zhao Zuohai after the murder, and there is no need to go to Zhao Zhenshang home, have Zhao Zhenshang killed, but also to the dry what?

 

8, on Zhao Zuohai's nine statement, there are doubts: 1 > statement about many details on the different circumstances of the case. 2, Zhao Zuohai on the scene of the confession, is found headless murder in the public security organs after making, do not rule out the possibility of inducement. In 3, Zhao Zuohai was detained after, not in jail, but to stay a month in the public security organs in the location, do not rule out the possibility of torture, yougong. 4, Zhao Zuohai statement is gradually and the case evidence consistent, of doubtful authenticity.

 

Please note, the question is only speculation, in addition to confirm the body is Zhao Zhenshang, the other questions are not necessarily become recognized Zhao Zuohai exculpatory evidence. For example, it has been proposed, whether Zhao Zuohai could move the stone? Cannot move normally, but Zhao Zuohai is tall and strong, vital, panic, the cart pushed to its bottom, the stone to the car, it is completely possible. Besides, Is it right? Other people with Zhao Zuohai not confession, cannot be ruled out. Zhao Zuohai confessed before and after the details of contradictions, which often appear in many important cases, the defendant is in the investigation of early escape legal sanctions for false confession, confession as evidence to improve gradually the consistent and stable. Zhao Zuohai will not detain to the detention center, but in the public security organs handling location, this is "Criminal Procedure Law", the Ministry of public security "for criminal cases procedure" is allowed, is a public security organ for major criminal often take way, it is not doubt that all statements are false. About the problem of torture to extract confessions, the defendant confession cases, most of the defendant is proposed to torture to extract confessions, therefore the cognizance of torture to extract confessions to overthrow the confession?......

 

After all cases there are many doubts, the volume and the problems that exist in Zhao Zuohai's confession, I list the detailed supplemental investigation outline, the case by the people's Procuratorate of Zhecheng county to Zhecheng County Public Security Bureau of investigation. The main problem is that how to confirm that the body is Zhao Zhenshang, even proposed extraction remains at Zhao Zhenshang's parents' graves, was identified by DNA.

 

Four, success is only a concept

 

In order to solve these problems, Zhecheng County Public Security Bureau was repair check, the details are described. Because the problem can not be solved, I conducted two unwinding. Two roll back, there is only one point, how to determine the body is Zhao Zhenshang? Zhao Zhenshang had never married, no children, parents have died many years ago, only to confirm the identity of DNA identification, but the lack of comparative identification of samples. But, Zhecheng County Public Security Bureau only open coffin from Zhao Zhenshang parents remains, successively to bones and body Ministry of public security, Shenyang, Chongqing etc. certified authority to the Zhao Zhenshang parents to DNA analysis. Because Zhao Zhenshang parents died a long time, unable to obtain the DNA fingerprinting, identification of stranding. We have considered as samples, with the Zhao Zhenshang brothers and sisters DNA consulting, DNA was identified on the limited conditions, between brothers and sisters DNA contrast technique is not mature, which identify the body work come to a deadlock.

 

In the blink of an eye had been in 1999, the Supreme People's Procuratorate in order to improve the quality and efficiency in handling cases, prosecutors handling the case implementation of the responsibility system, the attorney general under the leadership, the system in place of the public prosecution department main responsibility as chief prosecutor prosecutor. This is a major reform of the procuratorial system, the people's Procuratorate of Shangqiu city attaches great importance to, set up a complex evaluation procedures. Through the written examination, interview, observation, plea against real court, case assessment, the procuratorial organs in the "two zone" six county of two city in the selection of the history of Shangqiu the first batch of a total of 16 people's procurator (Exemption for special contribution of three of them). I have the honor to score the first selected, still proud. Objectively speaking, the selection of the chief procurator team, really represent the highest level in Shangqiu at that time.

 

Before the prosecutor handling procedure is the undertaker, director of audit, decision of the chief prosecutor. The case handling system, weakening the undertaker case handling ability, scattered case responsibility, right, Lee (honor and material interests), is not conducive to play the subjective initiative sponsor. The chief prosecutor system, to change the status quo.

 

The chief procurator power, simply say that individual can decide on a case results, prosecution or checking, can issue the indictment, in some respects, equivalent to the prosecutor's power. The fact is not the case, still subject to various constraints. Have been used to the leadership of the chief prosecutor, is not used, can not adapt to the status of the upgrade, decentralization of leaders seem also not used to power. With the increase of the chief procurator, arrest Department sponsored prosecutors, self investigation departments Detect prosecutors settings, change the objective condition, the chief prosecutor system has gradually faded aura, be cast into the shade.

 

The supreme procuratorial organs after all to the implementation of this reform, the chief prosecutor who was very cherish this honor, really happy for a while. In specific cases, the chief procurator plays his role with the system basis. Chief prosecutor if insist on my opinion, issued legal documents, the competent attorney or attorney dare not easily change.

 

The passage of time, the Zhao Zuohai case and no major progress, as investigators, I faced a choice.

 

Such a case of intentional homicide, murder, the circumstances are particularly bad, if there is ample evidence, only one result: the immediate execution of death penalty, death sentence suspended for two years is no reason. If you insist on not to prosecute the opinion, will inevitably lead to criticism. Cases of so much evidence, the public security organ for confirmation of Zhao Zhenshang's best work has been done, the exhaustion of all methods. Not to sue, how to do the case, the public security organs were what? If the prosecution, if the wrong?

 

In peacetime work, I had such a joke: "now if the prosecution, if the future Zhao Zhenshang back, the problem is serious?"

 

But the objective reality is, combined with the current evidence, the body is Zhao Zhenshang the possibility of very large, around the village also information did not report missing persons. If he is really Zhao Zhenshang, only because of the loss of the identification of conditions would not prosecute opinion, not indulgence of crime, there are so many guilty evidence to explain how?

 

This is another I very difficult cases, prosecutors responsible system lets me feel the heavy responsibility, in a dilemma. If not the chief prosecutor, can completely because of limited capacity to contradiction to leadership, now I must make a decision.

 

This is the investigation of a legal person's comprehensive quality, to make decisions, although this decision or wrong. According to the law, the case facts are clear enough not to do, the degree of evidence, cannot rule out other possibilities, or stick to the facts unclear, insufficient evidence of opinion. For the director and Deputy Prosecutor in charge of the work report, leadership support, decide if they cannot confirm the body is Zhao Zhenshang, refused to case, at the discretion of public security organs.

 

Never thought, a wrong thought in passing almost ruined his own destiny. A casual cautious, inadvertently through the minefield. If I had the Zhao Zuohai case the prosecution to the court, the court will not acquit, the results still leave adequate leeway as now, to make decisions, Zhao Zuohai was sentenced to death with a reprieve of two years. Now of I, will be the same and other policemen, pushed to the bench, to become the defendant, farewell my love of the divine law occupation.

 

So terrible!

 

For various reasons, I resigned in 2001 May, the resignation of former relevant departments also coordinated the case, because we are under pressure, still insist on insufficient evidence of opinion, the case on hold.

 

Five, Public opinions are divergent. solution

 

Zhao Zuohai righted, the public and experts put forward a lot of problems, the spokesman secretive. Here, I explain to the objections are as follows:

 

1, the procuratorial organs of the public security organ torture to extract confessions why no investigation?

 

Zhao Zuohai will no doubt be a torture to extract confessions, this is indisputable facts. As the investigation supervision, procuratorial organs (at the time of the arrest), where the investigators, in particular, is me, why not be punished?

 

The phenomenon of more torture to extract confessions. Recognition of this fact of existence, is a legal person shall have the conscience. We often see reports the investigation organ case article used "increase efforts" interrogation "after a few nights of psychological warfare" and other words. "Increase the intensity of the trial" is what meaning? Why should increase efforts without trial from the periphery to find evidence? Here is implying torture to extract confessions? What is called "a few nights of psychological warfare, psychological warfare" and disguised torture to extract confessions have what difference? Worth thinking!

 

I once attended the meeting a law, a torture to extract confessions, dispute the experts and scholars and the public security police, the smell of gunpowder espresso. Legal experts to torture to extract confessions rather young cynic, way: police torture to extract confessions, if the criminal suspect is his brothers and sisters, what? At that time a Provincial Public Security Bureau police unit vice captain answer back sarcastically: if your sister is kidnapped, suspects that the whereabouts of abducted women, is not to say, how do you feel?

 

Torture to extract confessions of phenomena occur in people who commit crimes, criminal repeatedly commit crimes, recidivist, recidivist, significant malignant crime. These cases, if not take the special interrogation methods, you gave the suspect a cup of tea, a cigarette, a benign countenance, let it make a confession of guilt, is simply a fond dream! Perhaps, experts say, would rather indulge, or illegal case, this is called the "fruit of the poisonous tree, we not only have to cut it off, but to abandon the fruit. This is right, but when the police face strong social pressure, the pressure, the pressure, pressure of leadership, the news media pressure, will inevitably take some special measures. Therefore, the procuratorial organs on the behavior of torture to extract confessions is often turn a blind eye, as long as you don't have an accident, don't make a big, there is a torture to extract confessions behavior even. Even if things go wrong, as long as the investigation organ to settle, will not be investigated for criminal responsibility. If a prosecutor discovered acts of torture to extract confessions start the program of investigation supervision, investigate and deal with the public security police torture to extract confessions behavior, is simply not possible, do not have to transfer the post a few days. The ideal and the reality is distance.

 

I have no statistics, but I know, working in the post 8 years, both major criminal cases or the duty crime, economic crime, as long as the suspects confession, most of the reasons was torture to extract confessions, how do you do? You can not every case investigation!

 

Moreover, the public security officers, especially county and municipal staff of the judiciary, due to frequent contact, are already very familiar with, address each other as brothers. The public security organs have in solving the case, you will not only not to prosecute the case, but check the investigators the existence of torture to extract confessions, how is this possible?

 

There's no way to solve the problem of torture to extract confessions, such as lawyers involved in advance, the public security organ, and separation of giving criminal suspects, defendants the right to silence. In 1996, "criminal law" after revising, experts shout shout oneself hoarse, lawyers go hither and thither to call for discussion, one by one, the result? Lawmakers feel helpless, persist in one's old ways judges, lawyers also gradually changes, be accustomed to be petrified. So, to solve the torture to extract confessions is a comprehensive project of system, mechanism, instead of one, a law, a system can be. In the near future if not show Du Peiwu, She Xianglin, Nie Shubin, Zhao Zuohai and other major case, change the phenomenon of torture to extract confessions do have to wait until when?

 

I had run a criminal case, criminal verdict intermediate people's court has decided that the existence of torture to extract confessions, accused of murder confession can not be used as evidence, the result is to the crime of intentional injury death sentence on the defendant. Any person not subject to criminal investigation, it instead awards for meritorious service.

 

In judicial practice, when the defendant was torture to extract confessions in court, the judges often ask statement is true. If the defendant to answer the basic truth. The judges said is true not finished, other do not say much. Even some of the judges said, why don't they make others, why hit you? When the lawyer proposed torture to extract confessions, the judges also often said, does not belong to the scope of this case torture to extract confessions, prohibit lawyers to speak. This should not be normal but a normal thing.

 

2, the public security organ at the illegal acquisition of why Zhao Zuohai's testimony?

 

"Criminal Procedure Law" forty-sixth stipulates: "all cases are to be sentenced to the weight of evidence, investigation and study, not credulous. Only the accused confessed, no other evidence, not the defendant is found guilty and sentenced to a criminal punishment; without the confession of the accused, the evidence is sufficient and reliable, can be found the defendant guilty and sentenced to a criminal punishment." Once the individual's show, "zero" up in the air, in fact, no confession is not many cases.

 

Analysis of the evidence, judicial personnel demonstration, judgment is yet to be enhanced, the awareness is not high, low skills, equipment is backward, far can not meet the needs of criminal investigation. A large number of criminal cases, evidence is often the center of blossom, namely according to the suspect's confession evidence, especially the evidence. Undeniable, this approach does have some effect. In the face of every hue, a wide variety of torture to extract confessions, a strong will can have several people? Often confessed crimes, investigation personnel to obtain other evidence, easily. There are also unable to endure the pain, nonsense, resulting in the wrong, after all, this is one of the few. Many criminal cases, as long as the suspects confessed, everything would have been all right, deny or retraction, case is difficult. So, the investigation organ try various devices to obtain confessions, torture to extract confessions, inducement, cheat for, disguised threats and so diverse, renovation, emerge in an endless stream means. As long as the suspect's confession, the investigators will Everything will be fine. Because of too much emphasis on the confession, but investigators neglect of other evidence, resulting in loss of important evidence, the formation of difficult cases. For major criminal cases, involving the death penalty, judges tend to pay more attention to the confession, no confession is not sentenced to death, a confession to the death penalty, confession is so important!

 

If Zhao Zuohai is not a confession, dead!

 

3, public security, why so fit, an innocent person sentenced to prison.

 

China's "criminal law" the seventh stipulation: "the people's courts, the people's procuratorates and the public security organs shall, in conducting criminal proceedings, the division of responsibilities, cooperate with each other, mutual constraints, to ensure the correct and effective enforcement of the law." I am not a legal expert, I do not understand why, between public security work with each other? This article first should modify! Responsible for the division of labor, each other is right. What is called each other? How to match? With how supervision, how control? In practice, often with multiple, less constraint, not to mention the supervision. Is often related to their departmental interests, before turning to restrict. For example, transfer money, stolen goods, began to restrict each other, must take the money, the money left their over finances, because finance can be returned, at their own expense and convenience. Moreover, public security, but also by the politics and Law Committee leadership, She Xianglin, Zhao Zuohai and other case is not the politics and Law Committee coordination, public security organs with the results?

 

4, whether the judicial personnel's service quality is low, cause misjudged cases.

 

The Zhao Zuohai case is the politics and Law Committee Organization Law elite meeting, the final decision to prosecute, cannot say they are low quality services. But in the judicial organs, especially the grass-roots public security organs, the existence of service quality are not applicable to the situation. First is the judicial staff treatment is low, the famous civil expert Mr. Xu Guodong said "no property, no personality", a little too, but very legal significance. The judicial officer salary so low, be they in the interests of the temptation like Confucius, "wicked rich and expensive, and I like clouds, simply tell some fantastic tales"! Hungry to make business people, do not. Secondly, the judicial organ to not help the person. The judicial authorities although treatment is low, but the position is still high, job seekers xiangbobo, rich and powerful person can enter, no money is. In fact, in public security, do not need this meager wages to bring home the bacon, what they need is the official Xianwei refuge, or your family a safe haven. Again, in the promotion, anyone who says business can account for the determinants of 50%, your letter, I do not believe. Especially in economically underdeveloped areas, business is good, a lifetime to mix a section chief is good, only think of a unit of deputy. Have a look to sit in the unit the rostrum, not airborne is the official two generation, two rich generation. In the judiciary, in addition to show, to engage in the business of learning, and the lawyer, far worse. It is said that the Beijing Haidian District people's court has almost become women's court, business is a good gay to economic interests, "mutiny" to lawyers to. Service quality is not high, the improvement of the case quality becomes the Arabian nights.

 

I said is a general phenomenon, is not the case. I said that the past, not now, I hope not.

 

In 5, Zhao Zuohai was extended detention, why not release?

 

A reporter interviews I ask, since Zhao Zuohai murder facts unclear, insufficient evidence, why not release?

 

For practitioners, this problem is very naive. In accordance with the "law of criminal procedure", the two checking is still not up to the prosecution condition, should change coercive measures, bail out marquis examine. The seemingly simple question, actually very complex, the release of Zhao Zuohai is almost impossible. Chinese extended custody is widespread, meet the eye everywhere, both legislative problem, also have the problem of law enforcement. Have you seen due to overdue custody by the criminal? The Supreme People's Procuratorate Deputy Attorney General Zhao Dengju said in July 22, 2003: "the extended detention of illegal detention is illegal detention, in essence, is a violation of the legitimate rights and interests of the damage of detainees, violations of the dignity of law and public security and judicial reputation, there is no strict law enforcement, law enforcement unfair performance. Behind the extended detention sometimes there is a crime." His remark was frightened indeed jump, public security, so it. In accordance with the law, public security organs have release authority, but who are not to do this, still homely food extended custody. So far I haven't seen together because of extended custody to the crime of illegal detention and criminal responsibility of the case. Zhao Zuohai to torture to extract confessions officers were arrested, has not yet been convicted, not being extended custody?

 

Zhao Zuohai was the extended detention of three years, not long. I hosted the Jia Ranji case of intentional homicide, custody for ten years. The death penalty was arrested in September 8, 1991, 2001. Just imagine, a man in a dozen square meters room, for ten years, what concept! In 1998 I was assigned as the prosecution staff processing backlog, personally conducted investigation, trial (but not torture to extract confessions oh), Ranji. Work pays off, and finally found in the case of vulnerability, found hidden 7 years of the murder weapon. Seven years can be found the murder weapon, the public security organs did not expect, the prosecution staff can have such investigation skills. Therefore, I also meritorious service three. One. To be fair, this case should not be sentenced to death immediately.

 

Major criminal cases, unless there are like She Xianglin, Zhao Zuohai victims "revive", otherwise the general not let people. The provisions of the 1997 "criminal procedural law" the principle of presumption of innocence, in the grass-roots judicial personnel's mind is not universal. In custody for so long time, the investigation organ investigation so much evidence, how to release? Your personal Is it right? Have what problem? Is it right? Accepting bribes? Release involves a series of problems, the victim petitions, state compensation, misjudged case investigation, judicial organs image etc..

 

6, Shangqiu Municipal Committee is arch-criminal?

 

In the Zhao Zuohai case, the condemned, the first is the Zhecheng County Public Security Bureau, the second is the Shangqiu municipal committee. The committee is coordinating leave adequate leeway judgment, a misjudged case. Especially the Secretary of the Shangqiu Municipal Committee Wang Shican interview said: "I usually ask the case, I am not a law school, I study in coal mine and mine electromechanical."Seems to be more angry, learn in coal mine and mine electromechanical person when the Secretary of politics and Law Committee, not a dog in the manger to keep? In fact. Shangqiu Municipal Committee to coordinate a prolonged detention for more than three years cases have what mistake? If there is a fault, is to set the problem of judicial procedure. As for the coal mine do professional committee secretary, also cannot too gouqiu, the public security organ, the procuratorial organs, the people's court, politics and Law Committee and other units of the leaders, Scrabble picking up, how much is the law? Not all layman leadership?

 

Who served as secretary of politics and Law Committee, the results are the same, this is the system. Politics and Law Committee coordination case, especially the major cases, participants are members of the Committee of political science and law. The composition of the committee, also is the public security administrative criminal business leadership and business elite. Discussion and statement, Secretary of politics and Law Committee may not speak first direct finalized. Must be the conference participants spoke first secretary, finally decided to. Imagine, Zhao Zuohai case coordination meeting, if the participants mostly agree that facts are not clear and the evidence is insufficient, does not meet the "two basic" (that is, the basic facts are clear, the evidence is sufficient basic), Wang Shican do not understand the law, he dare clappers prosecution?

 

I'm not making excuses for secretary of politics and Law Committee and the Committee of political science and law, I have nothing to do with Wang Shican. If he knew me, maybe I won't quit, ha ha. I just want to explain, really make Zhao Zuohai injured, is the system, judicial system, he is not a man. A Lu Xun novel "blessing" of Xiang Linsao, though dead, but don't know who is the murderer?

 

7, Shangqiu City Intermediate People's Court of the case handling personnel are to be punished?

 

After the incident, Shangqiu City Intermediate People's Court of the members of the collegial panel, involved in the case, the judicial committee members, are subject to different degrees of punishment. They have a point! No matter who the trial of the case, all the same. The Committee has been finalized, leave adequate leeway judgment, the people's Procuratorate of Shangqiu city must be within 20 days of the prosecution, the court has the right to speak? Who the results are the same, as the public prosecutor Zheng Lei said, unless you quit!

 

Mr. He Weifang in the evaluation of gold high, Li Zhuang case the judge, criticize them: justice can not be realized, at least you have the right to remain silent. They can be silent? They have to work, to live, to eat, to bring home the bacon, let them make a clean, may not be in the five line, right?

 

I'm such fighters to admire extremely admire he, Chinese lack such fighters. If Chinese legal people like he did, don't like, can have one thousand he, ah, American people not scared half to death, losing to Chinese annual tribute, but to bow. Obama the kid never so rampant, everywhere to make gestures, a pair of human progenitor touts. Obama will be one day three sound Hu Grandpa, grandson, be careful with. God does not call us to such a bully, he can only have one.

 

Six police officers are still in prison, Zhao Zuohai set up eleven years, compared with it, then what?

 

Six, to recruit cast a bitter

 

Zhao Zuohai was apparently torture to extract confessions, specifically how to be torture to extract confessions, to become a fan. According to the Zhecheng County police officers arrested the confession of Zhao Zuohai less, corporal punishment. However, according to Zhao Zuohai's statement, really inhuman torture, shocking. The court verdict, is based on legal facts, that is based on the evidence of facts, and not the real fact. The real truth has been in the past, could not be determined. Torture torture crime cognizance of facts, the court will not because of the police statement does not deny the existence of torture to extract confessions, not all in Zhao Zuohai's identification. Zhao Zuohai was torture to extract confessions situation, cannot be recovered, only excerpts from Zhao Zuohai's own statement, let your evaluation:

 

199The 7 year lunar calendar in September 30 in the evening, I went to my village Du floret home with her after the occurrence of the relationship, that the sleep. To eleven, two points, I have seen people strike a match, a look at Zhao Zhenshang, he was knifed in my head, I hand attack, he chop my head and his right arm. Then I ran away, since then I haven't seen Zhao Zhenshang.

 

The specific time I forgot, I in the West Village pumping well out of a corpse. The evening of the second day the public security bureau who put me to the police station to ask Lao Wang Ji, Is it right? I kill, I said I don't know who. They say Zhao Zhenshang, I said I didn't kill. They hit my head, I have several, who I can't remember. Also let me drink what water, I drink, I fell into a coma. Two or three days later, I was taken to the police station. Every day they all ask me Zhao Zhenshang Is it right? You kill him, don't admit. Also said: that is not playing. In the hit me, someone shouted a man named Li Deling, the other is not know. Later, there is no way, I will admit that killed Zhao Zhenshang.

 

They hit me with a stick, also with a gun at my head, also on the cuff and kick me. Hit me, let me in their saying, repeated again and again. Then take good notes, let me sign, I don't either, signed, thinking can not suffer, how do you.

 

Each class is the two or three person to ask me, handcuff me to the legs of the table and the chair legs. I said I did not kill. They won't let me eat rice, do not let me sleep. I was dizzy a drink they give me water. The public security bureau who give me open the handcuffs, I couldn't stand up, knew nothing, light sense head with shooting, hammering.

 

There is one point I said: "You do not recognize!" Some people say: "Don't admit, I fall a black car pulled out of you, kick you from your feet, just say you run, shoot you!" So, I really can not stand, more dead than alive, he confessed to killing Zhao Zhenshang.

 

The record is a 30 year-old young boy, is he a record. Give me remember, I said not to hit me. Later, I also don't see, don't read to me, I said to a record, sign, don't know me, let my thumbprint I press. So that, don't hit me. Because the head and arms can not find, I will use the local. They can't find, I still knitting. Later, there is no way, I said to burn. I said to burn it, basically do not hit me.

 

In the Criminal Police Brigade days, they asked me to eat the rest of the meal, two meals a day. Let me eat a bun, sometimes to take my order.

 

I was playing bad, look for opportunities to escape. Just one day, I when they were unprepared, found the handcuff key, open the handcuffs, ran. Because I don't know the way, not familiar with the county, also do not know to go to somewhere, I fell asleep. Results, or are they caught.

 

 In the detention house, I didn't say I was wrong, because I'm afraid of. The arraignment of Procuratorate of people of me, I did not dare to say I was playing, I'm afraid to let the public security personnel know also hit me. The hearing, I said someone hit me, have I made up, they don't believe in later sentenced.

 

I would like to appeal, but then thought, the appeal is of no use. Would rather go to prison, listen to the prisoners, prison life is good, there are free, I simply did not appeal, please cast in prison. I have no complaints, in prison appeal appeal again what, there is no use, also did not believe me. I have no culture, I think, to the commutation. I also heard the appeal not to make, not to the commutation of the sentence, so also does not appeal, in the world where there is no wronged ghost ah.

 

 

 

See the police light and write, mutual shirk responsibility statement, some people think that Zhao Zuohai confessed Is it right? Too exaggerated. Although torture to extract confessions plot, Zhao Zuohai was the only one who confesses, has not yet reached the facts are clear, evidence really fully degree. People prefer to believe, Zhao Zuohai's statement is true, otherwise, will not cause such a big mistake.

 

Seven, I hate eternal

 

Such a major case, must have a person responsible for, all levels of authorities to investigate the case according to the authority. Zhecheng County Public Security Bureau of the police torture to extract confessions Zhao Zuohai case, by the Shangqiu Municipal People's Procuratorate in 2010 years in May 1The 1 day investigation, the suspect Ding Zhongqiu alleged be forgetful of one's duties in 2010 years in May 15, by the Shangqiu Municipal People's Procuratorate bail. The suspect Luo Mingzhu in 2010 years in May 13, by the Shangqiu Municipal People's Procuratorate decided to criminal detention, 2010 years in May 14, by the Shangqiu Municipal People's Procuratorate bail. The suspect Wang Songlin in 2010 years in May 27, by the Shangqiu Municipal People's Procuratorate decided to criminal detention, 2010 years in June 5th by the Shangqiu Municipal People's Procuratorate bail suspects Guo Shouhai in 2010 years in May 12, by the Shangqiu Municipal People's Procuratorate decided to criminal detention, 2010 years in May 2The 5 day was arrested by Henan Provincial People's Procuratorate, 2010 years in June 8th by the Shangqiu Municipal People's Procuratorate bail; crime suspicion person Zhou Minghan in 2010 years in May 12, by the Shangqiu Municipal People's Procuratorate decided to criminal detention, 2010 years in May 2The 5 day was arrested by Henan Provincial People's Procuratorate; criminal suspects Si Chongxing alleged torture to extract confessions from 201In June 9th 0 Suixian people's Procuratorate investigation, 2010 years in June 11 by the Suixian people's Procuratorate bail.

 

In October 22, 2010, Henan people's court in Suixian province secretly to not open court public hearing the case. Nevertheless, court before people bustling, on the ticket has good writings make people copy them., hard to get a vote. An open court cases, shall be permitted in accordance with the law, but just don't let you listen to, how can you! This is the Chinese trial a very common phenomenon.

 

After the hearing, the case has no echo, police officers and their families suspected of torture to extract confessions anxiously looking forward to unpredictable results. The contents of the judgment of various versions, in the Shangqiu earth guilty, guilty, probation, exempted from criminal sanctions, part of real punishment part of probation. The news media are also eagerly waited, looking forward to. Like a time bomb, once the criminal verdict issued, immediately detonated, but also a lively.

 

However, half a year later, it suddenly is assigned to the jurisdiction of Kaifeng City Longting District People's court. In September 15, 2011, the case was prosecuted to the Longting District People's court, has been released on bail the police have all been held in the Kaifeng detention center. What is that bail the defendant to the court after Longting District must be in prison? Based on the particularity of the case? Can make nothing of it.

 

In October 18, 2011, Kaifeng chrysanthemum festival opening ceremony. In October 18, 2011, Kaifeng Longting District People's court in a less than 40 square meters of mini courtroom, "public trial" this has an impact on the case, which in itself is very funny. To the listener is very numerous, but Luoyang without paper, had to angrily to watch the beautiful chrysanthemum festival.

 

The trial is a program. We all know that, don't say the Longting District People's court, is the Kaifeng City Intermediate People's court, to also cannot decide the case. In Chinese, prosecutors can not stick to their own views, the judge can not maintain its position, normal. The court into decoration, judge the line puppet, justice becomes water, flowers in the mirror.

 

From September 15, 2011 up to now, the past six months, suspected of torture to extract confessions to police officers had been extended detention. The legal system that is China characteristics of extended detention of three years, Zhao Zuohai was sentenced only, do not know whether they will have the results being held to three years later.

 

See official newspaper, listen to the news broadcast, view of leadership speech always feel inspire people, a very good situation. We can not live in the news broadcast, always feel the reality is not so, do not know what went wrong. The law like a be a yes-man little daughter-in-law, often be bullied and beaten, but pretend to pay me the happy appearance, where there is dignity to talk about! The chief will, in a statement on behalf of the law, the government, with Ji generation method, to...... Generation method. Some things do not know who said to calculate, let you can't rival, cry no grave, is filled with "me so, can you give me?" The rogue.

 

The police torture to extract confessions about how decisions, is a problem.

 

Eight, such a problem who solution

 

Maybe someone will ask, seven suspected of torture to extract confessions to the police to deal with, is a problem? Cause such a big case, sentenced to not be over?

 

When Zhao Zhenshang returned, Shangqiu judicial authorities jittery. Public security organs to handle the Zhao Zuohai case judicial personnel trembling with fear, especially the alleged torture to extract confessions of the policemen as primary accountability for those who pushed in the teeth of the storm. Indeed, if not the first torture to extract confessions, case would not have happened. For the Zhecheng County Public Security Bureau police in handling the case, constitute the crime of torture to extract confessions, theory and law are not the problem. Whether to investigate duty, has become the focus of.

 

People don't quite understand, since they torture to extract confessions, caused by the case, why is it shall be investigated for criminal responsibility, has become a problem? This involves the "criminal law" on the limitation of prosecution.

 

The limitation of prosecution, is guilty of a crime, after a certain age, no longer sentence system. Of course, if the criminal absconded, escapes from investigation or victims accused the judiciary the filing and not placed on file, does not exist the problem of prescription of prosecution. This is all the countries in the world, is not China originality.

 

"Criminal law" the eighty-seventh stipulation: crime through the following period no longer prosecution: (a) the maximum prescribed punishment is dissatisfied with five years in prison, after five years;....... The so-called no prosecution, is that constitutes a crime shall be investigated for criminal responsibility, no longer, and frankly, can't find their punishment.

 

"Criminal Procedure Law" the fifteenth stipulation: any of the following circumstances, no criminal responsibility, have been held, it shall revoke the case, or not to prosecute, or termination of the trial, or declared innocent:

 

 ...... (two) the limitation period for prosecution of the crime has been.

 

However, for such a great influence in the country and around the world on the cases of torture to extract confessions, if not filing the case, I'm afraid unconvincing. As for whether to prosecute the sentence and the future, later. Henan judicial organs to demonstrate the problem of prescription of prosecution, began a field with vigour and vitality error motion. Detention officers arrested the public security case, shall be investigated for legal committee, procuratorate, court investigators of the legal liability and the administrative responsibility, a time jittery.

 

"Criminal law" the 247th stipulation: "the judicial personnel of criminal suspects, defendants by torture to extract confessions or the use of force to extract testimony, is less than three years imprisonment or criminal detention." That is to say, although a police torture to extract confessions crime, the maximum sentence is three years in prison, prosecution period of five years. From the day of torture to extract confessions to Zhao Zuohai was acquitted, already eleven years, provides far more than five years, should not be investigated for criminal responsibility in their.

 

In the face of so much pressure, not held? Anyway, "State Compensation Law" provisions, the defendant without criminal responsibility shall be investigated for exceeding the limitation of prosecution, even under criminal detention and arrest, countries will not be compensation. Public security professionals think, the case is clearly beyond the limitation of prosecution, shall not filing, prosecution and trial. The face of turbulent mouth, at this time, who can stick to your own opinion? Just as the argument of Zhao Zuohai whether to constitute the crime. Argument is the criminal responsibility shall be investigated is small, the account is important to the community.

 

Torture to extract confessions is exceeding the limitation of prosecution, there is some controversy, this is also the Suixian people's court and Kaifeng Longting District People's court hearing in court only major problems.

 

Procuratorate think: torture to extract confessions behavior does not exceed the limitation of prosecution, the reason is:

 

1, although the behavior of torture to extract confessions occurred in 1998, but the result is actually happened in 2010, so there is no problem of prescription of prosecution.

 

2, Zhao Zuohai in the procuratorial organs and people's court arraignment has reflected the police torture to extract confessions in court, but the judiciary has not dealt with, should be regarded as Zhao Zuohai has sued, so the case is not subject to the limitation of prosecution.

 

The defender said: torture to extract confessions behavior has been beyond the limitation of prosecution. Reason.

 

1, torture to extract confessions of behavioral offense, the starting point of prescription of prosecution should be from the date of completion of torture to extract confessions behavior. Acts of torture to extract confessions occurred in 1998 2003, due to the limitation of prosecution.

 

2, Zhao Zuohai homicide during the proceedings, not to torture to extract confessions of the accused the police put forward, so the limitation of prosecution cannot interrupt.

 

I think, to prove the case of torture to extract confessions case is beyond the limitation of prosecution, there are two problems need to research:

 

A > limitation when starting?

 

According to the "criminal law" provisions: the limitation period for prosecution shall be counted from the date of the crime; criminal act is of a continuous or continuing state, calculated from the date of the end of crime.

 

In this case the date of crime is what time? Torture to extract confessions behavior whether continuous or continuing? This is the case should be discussed. Torture to extract confessions is the behavior crime, as long as serious torture to extract confessions behavior with the implementation, constitutes a crime. The end of torture to extract confessions behavior, crime is that the end of. The crime of torture to extract confessions was founded in 1998, should be no problem. Social impact caused by the crime of torture to extract confessions, not the elements of the crime. In other words, even if no impact, the crime of torture to extract confessions are still valid, so the impact as the starting point in the crime of torture to extract confessions, intentional crime, use lame arguments and perverted logic too.

 

Two, Zhao Zuohai is on the behavior of torture to extract confessions made sue.

 

Eighty-eighth the provisions of the criminal law provisions of the second paragraph: "after the victim brings a charge within the period for prosecution, the people's court, the people's Procuratorate, the public security organ shall file the case and will not put on record, no limitation on the period for prosecution." If Zhao Zuohai to torture to extract confessions people put forward accuse, the judicial organ shall be placed on file and not on file, the case may not be subject to the limitation of prosecution.

 

Zhao Zuohai is clearly put forward accuse Guan Jian, is the case. If you put forward, not by statute limit; if not raised, then the case over the limitation of prosecution.

 

The problem is Zhao Zuohai in the prosecution and the court hearing, put forward their own had been subjected to torture to extract confessions behavior, whether as a complaint?

 

Sue is refers to the organs, organizations, enterprises and individuals to the judicial organ to expose the crimes or criminal suspects, is required by law to punish behavior. Sue has a purpose, aiming at the characteristic, procedure, we should distinguish between accusation and defense, refute.

 

The right of complaint is the constitutional rights, the law was published, as citizens should know. Although Zhao Zuohai was torture to extract confessions behavior, because only in the procuratorial organs, the people's court trial as an innocent excuse yourself, and no charges were filed requests. Whether Zhao Zuohai is based on the law of disappointment or ignorance, no accusation is true, should not be regarded as sued unlimited extension of the limitation of prosecution.

 

Due to the torture to extract confessions is beyond the limitation problem has not been solved yet, the police, the longest has been in custody for nearly two years, far beyond the "criminal procedural law" the regulation time. Zhao Zuohai was held for three years before the sentence, do they have detained three years?

 

Wang Lijun Chongqing "black", Professor He demurred, wrote to Wang Lijun said: "once a prisoner, he might awaken, deeply felt, not an independent judiciary, no one is safe". The facts right enough, it is a prophecy!

 

The Zhao Zuohai case the guilty verdict, and not the result of judicial independence. Similarly, decided the fate of police torture to extract confessions, nor the judicial organ.

 

Nine, the case of case broken puzzle

 

The case of Zhao Zuohai's surprise, to have the case is the case.

 

Zhao Zhenshang back, who Zhao Zuohai is "killed", must find out. Zhecheng County Public Security Bureau in new secretary under the leadership of Gao Shengwei, under pressure, swallow humiliation and bear a heavy load, in less than a month's time, the successful detection, revenge.

 

Through further investigation and technical expertise, in May 14th September 12, 1998 test to determine the missing after a night out in Suiyang District of Shangqiu City Bao Shi Zi he Cun Miao Xiang Dong five groups of villagers Gao Zongzhi. Zhecheng County, Wang Ji Yin Lou village Li Haijin, Zhang Zhuang Cun, Suiyang District, Shangqiu man Yang Mingfu Zhang Xiangliang is a major crime suspects. Three people in the media reports Zhao Zuohai acquittal, separately run. Ad hoc group immediately chase, May 14, 2010, Yang Mingfu suspects were arrested in Shangqiu city; in May 22nd, the suspect Li Haijin arrested in Tianjin; in May 24th, Zhang Xiangliang suspects were arrested in Liaoning city of Shenyang province.

 

After the interrogation and investigation confirmed, Li Haijin because of a conflict, and the victim during Gao Zongzhi moon to do business in Shandong Heze a grudge, attempted to kill it. The evening of September 12, 1998, Li Haijin to Yang Mingfu, Liu Yuanxi (May 24, 2006, was sentenced to death for murder with robbery) to Li Haijin in the village waiting, Li Haijin, Zhang Xiangliang will Gao Zongzhi about to be not far from the Li Haijin home village west, high killed, dismembered and dumped the body. To cover up the body, four in the crime and the three block of stone into the trunk of the pumping well throw corpse.

 

Zhao Zhenshang came back, afraid of in this world, besides Zhao Zuohai, only Li Haijin, Yang Mingfu, Xiang Liang, Liu Yuanxi knew that Zhao Zuohai is wrong, only they know Zhao Zhenshang is not dead.

 

Zhao Zhenshang become homeless in other countries, he don't know himself in danger. Li Haijin ask his news, they know, Zhao Zhenshang came back, they exposed the crimes. Only Zhao Zhenshang, is the most secure. They are also constantly in pursuit of the news of Zhao Zhenshang. If they first step know Zhao Zhenshang back, the case will be another case.

 

In 2006 Liu Yuanxi was executed for robbery and murder, if he confessed the truth Zhao Zuohai case at that time, certainly because of major meritorious service and Spare him!, but he gave up this opportunity.

 

Zhao Zhenshang is back! Li Haijin, Yang Mingfu, Zhang Xiangliang. At length, that deadline is approaching, scattered scamper. This is the escape, be loose but never miss, ten years later, finally did not escape legal sanctions.

 

Come out to mix, sooner or later must also.

 

Ten, the wrong person to provoke criticism

 

Zhao Zuohai rehabilitated after miscarriage of justice, I am really very panic. In May 3, 2010 I get Zhao Zhenshang back news, late check only three or four pieces of information, the morning of May 4th again has overspread, query, such as plague geometric level growth to ten. The incidence of miscarriage of justice shocked the community, hundreds of millions of netizens began to search the Zhao Zuohai case investigators, to denounce the sound cause a temporary clamour. The national each big media reporters gathered in Shangqiu, Zhecheng, a little pressure chambers to urge the potential, relevant judicial personnel, spokesman for ban if chilling.

 

In May 7th the Zhengzhou branch of the Xinhua News Agency reporter Li Lijing I summoned to the Tian Yu Hotel Shangqiu, is extremely strict interview. Thousands of spectators in the court I had no fear, but this time, I'm afraid. I really feel, national media reporter, two words - cattle!

 

"Are you Zhao Zuohai's investigators?"

 

"Is."

 

"You are in the process of the Zhao Zuohai case, consider the case facts are clear?"

 

"The facts are not clear, I have two time back"

 

"Do you think it is behavior of torture to extract confessions exist in the case of Zhao Zuohai?"

 

"There should be a torture to extract confessions behavior, at that time the situation can not remember, time is too long."

 

"Do you think Zhao Zuohai is one can move the heavy stone?"

 

"Should not, do not say"

 

"You go to the scene checked?"

 

No.

 

"A case of so much, why don't you go check?"

 

"Don't remember, because the Department of public prosecution cases, verify the evidence rarely, our main work is to review, not investigation."

 

"Zhao Zuohai has extended detention, why not release?"

 

"This murder case, put a person is not easy, I do not advocate."

 

"Think about it, what's your responsibility?"

 

"I have the responsibility, no detailed case review, not timely urge the public security organs to release Zhao Zuohai."

 

......

 

This is the first time in my life I have "interrogation". "Interrogation" results, second day Li reporter or make false reports, Zhao Zuohai finds that the indictment cases are Wang Jihua and Zheng Lei. Because I was not specified the undertaker, the public prosecutor is Zheng Lei, then, my mobile phone, office phone is disclosed on the Internet, every day all over the country, threatening phone calls at. Mobile phone can not be shut down, otherwise it is arrested. Relatives, friends, classmates call expressed concern. Helpless, I issued a clarification on the Tianya community, as follows:

 

A clarification statement for the case of Zhao Zuohai

 

Recently, Zhecheng county because of the Zhao Zuohai murder case was the Henan Provincial Higher People's court commuted innocence, each big media have reported. Reports said I was the case to court to support the public prosecution of the public prosecutor, and ask for my legal liability. About my case situation, does inaccuracies. To clarify the facts, the statement as follows:

 

A, I am in Shangqiu City People's Procuratorate work, really review over the case of Zhao Zuohai. Upon examination, considers the case facts unclear, insufficient evidence, and made the case to the public security organ of the supplemental investigation decision. Among them, the supplemental investigation outline, the first problem is to identify the body is the victim Zhao Zhenshang (clothes).

 

Two, 2001 May, I quit as prosecutors office, lawyer, the case is transferred from the others to handle. The trial began in May 2002, I may not be the case prosecutors, less likely to appear in court to support the public prosecution. The Zhao Zuohai case indictment and criminal judgments are not show my name, so the media said I was the public prosecutor and the fact of the case does not match.

 

I accept the report and the supervision of the media, but also asks the media to respect the facts of the case. False reports found such as, will retain the right to the legal responsibility of.

 

Wang Jihua

 

Two May 10th 2010

 

Ten thirty on May 12, 2010, I'm working law firm office, suddenly the door was opened, a dozen from major media reporters invariably break into houses. Allowing no explanation, pike short gun up to start the interview, lest I decamp. I urged them to clarify the facts, then the media reported the truth gradually.

 

Eleven, the case against those who

 

The public security organ for handling the case of the investigators, as far as I know, all at the time of the Zhecheng County Public Security Bureau Investigation experienced officers, cannot do wrong case of Zhao Zuohai lose their past results. Zhecheng County Public Security Bureau deputy director Ding Zhongqiu, Kaifeng police after graduation, step by step from Rangers, police team vice captain, Captain, do the competent criminal investigation deputy director, it should be said that is experienced. Luo Mingzhu, a peasant boy, in 1988 graduated from the Kaifeng city police school, has been engaged in the investigation after the distribution. There is no background, by his solid business on Interpol captain position, after work achievement is outstanding, be transferred to the Public Security Bureau of Shangqiu city. Li Deling 1988 Kaifeng police academy graduate, is recognized as the Zhecheng County Public Security Bureau Investigation experts, from the police, uncovered a number of major and important cases, many meritorious alumni. After a reporter to Li De brought home, very surprised with the furnishings simple and frugal. Guo Shouhai is an honest police officers, a preliminary hearing, work in earnest. Si Chongxing and other researchers are also in the police work for many years, has a strong ability of handling a case. Of course, is their common responsibility of a misjudged case, shall handle it according to law. In addition, or should be from the aspects of a profound analysis of the causes of misjudged cases.

 

Zhao Zuohai got the excess compensation, torture to extract confessions officers in entire prison, where the experience of the prosecutor, judges are subject to the appropriate punishment, I and later took over the case because Zheng Lei resigned lawyer survived, but the case reflection cannot be ended. Major media coverage and speculation, China the highest judicial authority has introduced two important judicial interpretation about the death penalty cases "for the judge to review evidence on Several Issues Concerning" "concerning the handling of exclusion of illegal evidence in criminal cases the provisions of a number of issues", seems to have been very place. In fact all of these is the surface reason, no personal experience of the case, can not understand the deep content.

 

All the major criminal case occurs, the content is different, the cause is the same:

 

1, there are special cases that puzzled investigators eyes.

 

In practice that non suspects deliberately caused serious miscarriage of justice, rarely. Cause significant errors, it is often the case for some kind of coincidence, the investigators to deviate from the right direction. In the Zhao Zuohai case, Zhao Zhenshang blow to the injured Zhao Zuohai, Zhao Zhenshang second days strange home, not to tell anyone. During the same period, some people intentionally murder after the corpse into the Mukai Naka, the family did not report to the police, multiple plots appeared amazing coincidence. Zhao Zhenshang is single again, not to compare DNA and so on, a series of facts that have become strong evidence of Zhao Zuohai's guilt.

 

Also has different approaches but equally satisfactory results in the case of She Xianglin.

 

Of course, some might say, have cracked the case so easy, three years old of children when the police? People's cognitive ability is limited, the legal environment, in the special case special case, cultural awareness and other factors, appear grievance is inevitable, is normal, "much of it is not normal.

 

2, there is torture to extract confessions or disguised torture to extract confessions.

 

Almost all the major criminal case, there is torture to extract confessions. Torture to extract confessions ingrained in our country, has a long history. When we hear "do not move Daxing, the amount you don't" "torture" actor's lines, except the case, do not feel indignation. If the crime fact of rogue who torture, but that for granted, This cheers the people greatly. The law and practice circles, torture to extract confessions become almost unspoken rule, but not willing to admit.

 

Because of torture to extract confessions caused many errors, and even cause the suspect Dutch act, disability, injury and other serious consequences. The phenomenon of torture to extract confessions of recent changes, on one hand, some less than before; on the other hand, concealed behavior, and, leaving no trace, no evidence. The major criminal cases, torture to extract confessions is not the purpose of inducement, not to let the suspect to sign on the record, but through the torture to extract confessions, get the investigation organ had not obtained evidence.

 

Yunnan Du Peiwu case, torture to extract confessions of Du Peiwu is his former colleagues. Although my resignation has been ten years, is still on the prosecutor's occupation and admire, who see the "procuratorial" two words, are more cordial. I always feel that the talent should be my life stage, is my true cause. I have never put the public prosecutor as rivals, and they the same audience, I put any prosecution is a friend, or even feel that he is my colleague, everybody is in a different perspective, analysis of the problem, rather than in competition. It's hard for me to imagine, the police to the police so heartless, let alone or colleagues, "this is the same root, fratricidal".

 

3, too believe that the investigation organ takes testimony material, including the testimony of witnesses, victims' statements, the suspect's confession.

 

I made the public prosecutor for eight years, the police, and the public security organ, the procuratorate anti corruption, preliminary examination personnel of the investigators often contact. Because of this relationship, it is difficult to make people suspect they obtained testimony material is false, there is torture to extract confessions, inducement, cheat for behavior. Like that, they are just in case, for the purpose, and the parties do not have a stake in, there is no need to torture to extract confessions. On the contrary, if the defendant torture to extract confessions problem, because the case processing and are interested parties, often considered to be lying, is passing the buck, unless I can come up with conclusive evidence. The prosecutor, judicial organs also tend to believe the investigation organ explanation, description, despise the suspect, the defendant's statement.

 

The Zhao Zuohai case, why in the politics and Law Committee special coordination meeting, Shangqiu and the backbone of the business most people think Zhao Zuohai constitute crime, is mainly based on the following points: 1 > nine Zhao Zuohai confession of guilt. 2, Zhao Zhenshang three years disappeared. 3 > around no death report records. 4 > two night happened strife. 5, the most puzzling is the wife of Zhao Zuohai Zhao Xiaoqi identify transcripts, should recognize their own wired needle angle, details are small, easy to cause the attention of judicial personnel.

 

Although for a long time, has the heavy entity, in the judicial practice light procedure phenomenon. I still can keep out of reality, keep a clear mind, although cannot restore justice, Guan Jian time to calm, stick, independent thinking, so as to make decisions. For example, in our dealing with criminal cases, I always do not attach importance to the public security organs investigation shows, investigative report of subjective content evidence. In addition to prove that the scope of the functions and powers of investigation organs content, such as household registration certificate, the administrative punishment that the scope of its functions of data, usually issued by its documentary evidence is not as an important basis for a final decision. For example, issued by public security organs without evidence, evidence of torture to extract confessions made description of the procedures, the suspect surrendered proof, proof, case description, to detect, determine the suspect after description etc.. These things, easy to join the subjective investigators content.

 

As early as 1997 revised "Criminal Procedure Law" has just been implemented, I wrote an article "against the legitimacy of evidence forms", put forward the legal meaning of evidentiary effect and division, pay attention to attach too much importance to public security organs handling the case is not conducive to the analysis of the. Have put the investigation organ handling instructions for the existence of the illegal evidence, should not be used. This paper has caused the Henan Provincial People's Procuratorate attention, the article published in the province's internal communication.

 

4, relevant agencies to coordinate the results.

 

The three organs of public security cooperation, coordination is a major feature. Coordination of the case are: insufficient evidence case, need treatment; investigators that he does not exist torture to extract confessions; transfer money, property; sensitive cases (case black society, cult cases, cases endangering national security, local stability and unity of the case, on the interview, group litigation cases) of conviction and sentencing. The coordination mode: coordination, politics and Law Committee, Discipline Inspection Commission, under the leadership of the government departments coordinated, between the upper and lower levels. We see the politics and Law Committee coordination caused a miscarriage of justice, but also can not deny that in China the current situation of the legal system is not perfect, the coordinate value of existence.

 

The word itself is a by-product of harmonious society and legal fields, it brings many artificial factors, giving regulators more discretionary space, undermine the solemnity of the law, draw further apart and legal principle.

 

Twelve, strong governance chronic illness

 

Zhao Zuohai case occurs, the lessons. Frequently such case, consideration should not stay on a case, or speak generally on the surface, the books, the program, should dig deeper things, so the cause will be worthwhile, the country's huge compensation to be meaningful, it may avoid more "Zhao Zuohai".

 

One, as the procuratorate and the court case handling personnel, should pay attention to the evidence verification, especially on the authenticity of testimony verification.

 

A major criminal case at the national reports, are the judicial organs and procuratorial organs of the staff, the public security organ too believe the witness. Yunnan Du Peiwu, Hubei She Xianglin, Henan Zhao Zuohai, Hebei Nie Shubin, intentional homicide cases, it should be said, in the prosecution and trial, investigators have seen cases of clues, noticed that the contradiction between the defendant's confession and testimony, statement of the victim, did not cause enough attention. Why? Because it is too believe that the authenticity of the public security organ to obtain evidence. I do not deny that most investigators are be conscientious and do one's best, steadfast, to find the truth of the case for the purpose of investigation and evidence collection; I don't deny it, there are very few people in order to gain merit to the case, First impressions are strongest, subjective, and even fraud, perjury, eventually resulting in case.

 

In some areas, the public security organ to the detection rate, the arrest rate, the decision rate as investigators promotion standards, even to the implementation of elimination, forcing police to fraud, torture to extract confessions, manufacturing Jiaan, even lure crime.

 

Indeed, for the procuratorate for examination and prosecution personnel to verify the evidence in each case their tasks, difficulties. Are generally found problems, returned to the investigation organ for supplementary investigation, it is difficult to solve, and then verify. The principle of direct and verbal trial in criminal proceedings, prosecutors, judges only see the witness, witness the process to obtain evidence, in order to enhance the accuracy of evidence cognizance. Prosecutors to verify the evidence, perfecting the system of the witness appearing in court, be imperative.

 

2012 "Criminal Procedure Law" has been perfect, hope to be able to fully implement.

 

Two, should be strict prohibition of torture to extract confessions behavior.

 

How to disable, I think there are several points:

 

1, cancel the legislation to provide the convenience of torture to extract confessions.

 

To torture to extract confessions, one of which is to limit the investigation personnel contact the suspect. Zhao Zuohai was announced after criminal detention, a month has not been sent to jail, so in a state, to protect the rights of an empty promise. However, the public security organ is not illegal to Zhao Zuohai a month are not sent to the house of detention behavior. 1996 "Criminal Procedure Law" does not provide the interrogation of criminal suspects must be conducted in the. "The public security organs for the procedures of criminal cases" (revised in 1998) the 176th stipulation: "the criminal suspect in custody, should fill out the" return card ", for questioning in a detention center or the public security organ in the workplace." Implication, the public security organ can suspect the interrogation without any restriction. Just imagine, this case does not want to torture to extract confessions are difficult.

 

In fact, as early as in the implementation of the people's Republic of China Ministry of public security detention regulations 1991 "measures" (Trial) the public and pass the word (1991) No. 87 provides a very reasonable and practical, the provisions of article twenty-third of the way:

 

"Hearing people, in addition to the people's court trial or sentence, generally should be room in the interrogation. The hearing personnel shall not be less than two.

 

Because the investigation work, put people out to identify the criminal evidence, or clear, must hold the public security organs at or above the county level, a state security organ or a people's Procuratorate leadership, with the official seal of the "return card" or "pick it up", by two or more personnel to do case solution.

 

Not in conformity with the provisions of the two paragraph, a detention house shall be refused."

 

The provisions on the interrogation is very reasonable and normative, only recognize the criminal evidence, or clear to the leadership for approval the detention center. It is a pity, for the public security organ with the Ministry of public security "Regulations for procedures of criminal cases" (revised in 1998) to explain the inconsistent and failure.

 

Lawmakers have taken note of this point, reflected in the 2012 "criminal procedural law", but still not perfect.

 

2, the detention by the judicial administrative authority.

 

I still don't understand, detention by a public security organ jurisdiction what benefits? There is only one, is in favor of the investigative work of public security organs. Only a "benefit" of course not, not fashionable "three favorables", at least should be "two favorables": both to help police investigation and is conducive to the protection of the legitimate rights of criminal suspects. The detention center is not a prison, no money to be made, the Ministry of public security, why not to take it away? It will give the judicial administrative organ is not conducive to the public security organ investigation? I don't really know. Although the theory requires the public security organ separation with a loud voice, practitioners ignore.

 

I do know a lawyer before, want to torture to extract confessions reasons to strike the illegal evidence, rather difficult, difficult and the blue sky. The investigators denied torture to extract confessions, a paper that no torture to extract confessions could judge the adoption. The lawyer to investigate the suspect into the experience, the reason all ignore, Get out of my way! Survey of the same number make witnesses, lawyers have no way. Lawyers in the detention of criminal suspects were photographed, detention is not allowed. Only in the courtroom empty, flickers the parties, judges and prosecutors said you have no evidence? Nonsense. The people's police to slander the sacred. Therefore, lawyers want to torture to extract confessions to reverse the verdict, only "sideways West long sigh".

 

3, strict punishment acts of torture to extract confessions.

 

Look at how much the case, be investigated how much torture to extract confessions, know why so popular? The law, as not, bitch made housing more more harm. Legal provisions on torture to extract confessions is very comprehensive, penalties light has "civil servants", "people's police law", "criminal law" provisions of the crime of torture to extract confessions. But, who? Could not find! And the detection rate, the arrest rate, but also a case, is not easy to torture to extract confessions crimes, to the satisfaction of all, who also ignore the existence of torture to extract confessions?

 

How strict punishment of torture to extract confessions, I do not think the idea with good what.

 

Leadership to torture to extract confessions attitude, as parents "Chen called" child: Mom,, this boy! The surface is to blame, is actually filled with joy.

 

4, resolutely eliminate torture to extract confessions obtained evidence.

 

Torture to extract confessions obtained evidence, known as "fruit of the poisonous tree". The judicial practice to the "fruit of the poisonous tree" attitude is, let the poisonous tree flowers, enjoy the sweet fruit. The Supreme People's court explanation about some problems in the implementation of "the people's Republic of China Criminal Procedure Law" the release [1998]23 sixty-first stipulates: "forbidden to collect evidence by illegal methods. If the verification is actually using torture to extract confessions or threat, enticement, deceit and other illegal acquisition of testimony of witness, the statement of the victim, the confession of the defendant, can not be taken as a basis." The Supreme People's court, the Supreme People's Procuratorate in the Zhao Zuohai case righted, has made some new judicial interpretation, the 2012 "Criminal Procedure Law" it is also stipulated. Whether the implementation, we wait and see.

 

The poison tree cut, destroy the poison, in order to realize the judicial justice.

 

Three, to maintain the independence of the judiciary.

 

Judicial independence is the fundamental guarantee of judicial justice. Although the provisions of the criminal procedure law of the principle of judicial independence, in the current political embodiment, cannot achieve. Although China regime is "bicameral" work system, the fundamental thing is not so. The judicial organ mother-in-law too much, the Party committee, politics and Law Committee, discipline inspection, organization department, the government at the same level, the judiciary must be bent its breath. Finance Bureau, Personnel Bureau, editors can also restrict judicial organs. The public security organs can sometimes override the procuratorate, court, near period in order to enhance the stability, the head of a public security organ to serve as the Party committee at the same level standing committee, even by the government at the same level as the deputy police chief, chief procurators, the president of the court as the Party Committee Standing Committee, have? Although there can be, but no. The above factors, the judicial organ to independent? In the interior, unclear responsibilities and rights, case a contradiction to the leadership, have the honor to jump on the bandwagon. The case of a problem, can not find the real decision makers, he hit a few board.

 

Four, correctly treat the acquittal cases.

 

Materialism tells us, the world is knowable, but people's cognitive ability is limited. We don't want the wrong, have misjudged case is normal, does not appear the misjudged case is not normal. Can not be broken cases are normal, but not normal cases must be broken. In fact, what we see is, the public prosecutor, three organs for acquittal cases are taboo Mo deep. There's even "to zero as the highest goal.". Since Wang Shengjun as the president of the Supreme Court, the supreme law in the work report, can not see the acquittal of digital. Xiao Yang Dean during the period, according to the report on the work of the year 2004 the supreme law, sentenced to 767951 criminals, 2996 defendants acquittal in law, innocent rate was 0.0037%; in 2005 the year of offenders sentenced to 844717 people, 2162 defendants not guilty, not guilty rate was 0.003%. In 2006 the number of corruption and bribery sentenced to not released, so the total number can not be calculated, but only 1713 defendants not guilty, not guilty rate lower. The rate of one-sided pursuit of innocence. Many, torture to extract confessions is one of them. Due to the lack of a correct attitude towards the acquittal cases, lead to violations of human rights, judicial organs flexible law enforcement, torture to extract confessions and other illegal phenomenon.

 

Since I become a lawyer, for the success of ten cases defendants pleaded not guilty, including murderers, corruption and bribery and other crimes, but rarely get the verdict of innocence, why? Judicial organs may not see the verdict of innocence, INNOCENCE may affect the future and even the head position. So the judicial organ Guaixiang amphitropous: not the case is not on file, can be sentenced to not sentenced, a lighter sentence; it is not, find a "pocket crime" exempted from criminal punishment; really innocent, method, check the two communication, procuratorate prosecution to withdraw, the investigation organ bail, case no deadline set aside, not withdrawing, also non prosecution. Be wronged with no state compensation, or considered bad luck, or the long road to appeal, the young people become nervous, old consumption died in the petition on the road.

 

Postscript: awakening, scream and fight

 

Learned Lu Xun novel "blessing" in high school, ask the teacher Xiang Linsao who is killed? The teacher said: the feudal ethics and rites had died. With rich experience, feel more and more like a suspicious. Xiang Linsao works in the four classic Lu, Lu four master while looking down on her, took her. Xiang Linsao in his home life is the result of "and white fat", four classic Lu is the murderer? Should not. The mother-in-law of Xiang Linsao from the four classic Lu home away, sold to Mr He six, Xiang Linsao to himself. But Xiang Linsao and he's married life is very stable, very happy, but also gave birth to the baby ah Mao, she should not be the murderer. As he Laoliu, Mao has been away from her, Xiang Linsao came to the four classic Lu home again, four classic Lu reluctantly, still not will she shut sb., but more to despise her. Xiang Linsao and the same for the servant Liu Ma, in order to enrich the spiritual world of Xiang Linsao, kindly advised her to donate a threshold, seems to have no malice. Author of "I" in Xiang Linsao be driven into a corner, the interpretation of the "hell", one family is likely to meet in the hell, let her in despair spirit vaguely with tiny hope, also seems to be not the murderer. Xiang Linsao is dead, who killed her?

 

Zhao Zuohai be, this is a fact. Who directed the pile case? Someone said, is the case of the policemen! If you don't torture to extract confessions, how can have such case? Police say the leadership let us increase the interrogation efforts, and a mouth that the body is Zhao Zhenshang. Which public security bureau not to torture to extract confessions, why only catch us? Leadership will say: I said increasing trial efforts, did not want you to torture to extract confessions! Some people say that the procuratorate is stem what of, why not good? If you don't arrest Zhao Zuohai which will be the matter? Procuratorate will say: the case of Zhao Zuohai, it was, is now, if not Zhao Zhenshang back, the 100 arrest, to review, only one answer, arrest! Some people say, also have the responsibility of public prosecution office, why to sue? The public prosecution office said on two occasions I have been checking the public security, you don't, what have I to do with! Later prosecution is politics and Law Committee decision, we only perform a. It is this committee's responsibility? The committee said: is the opinion of the majority decided to sue and leave adequate leeway judgment, we only perform the program. If you do not agree with the prosecution, we will make? The court not to mention, politics and Law Committee decided, what advice can we?!......

 

Who is the director of the grievance, do you think?

 

Xiang Linsao's tragedy is not the death of the body, but the death of the heart! I hope Zhao Zuohai don't let people give up on China case law. Lu Xun said, Chinese is moving a table, or to pay the price of blood. Hope that the people losing their life and liberty, under their own dogs to hedge, the results is the fear, robbers, ethnic, national decline of decadence. A dignified and imposing the Chinese, only a fair, justice, goodness of heart is not enough. As Premier Wen Jiabao said: "any reform must have the people's awakening", awakening, shouting and fighting is Chinese hope.

 

 Two, one or two April 22nd