Because of the reason as everyone knows, but the lawyer failed to attend the trial, the great racing, this does not hinder as a legal worker or as a citizen, still have the case review and supervision, we will briefly illegal matters in court trial as follows, the writing background is all articles on this case reporter Wang Keqin blog. If the referenced content is inconsistent with objective fact, please verify with the Wang Keqin reporter, if has the objection to the law review, can send a letter or interview, I accidentally grateful.

A,     Violation of the principle of open trial

In this case, a lot to attend public, the reporter was shut sb., reason is "the court is too small, no sit in seats", this important case, the Wangdu court for the case to be arranged in a contains only60The little court people, apparently not open sincerity. According to the Supreme People's Court issued "about judicial public six paragraph" "because of the trial sites and other objective factors limit, the people's court may issue next hearing or by trial video, live recording and other ways to meet the public and the media to understand the need for hearings live". Visible, if the court in Wangdu is too small, should also take live video and other methods to satisfy the public and the media to know the need of trial. But the victim made6Zhang Pang hearing, specify6In other media, the public and the media can not through the normal way to attend the trial, the trial can not be in the sun, failed to achieve the open trial, serious illegal procedure.                  According to ", the Supreme People's Court on Six Provisions" open justice: in addition to the provisions of law, the judicial interpretation can not appear in court cases, the people's court shall notify the witness, expert witness. In this case, no witnesses. In the stage of investigation, according to the public security organ is introduced: the speed identification is the identification of Beijing Li Qiming handed over authority, Chen only get a conclusion without other instruments, so, Chen proposed re identification. However, identification of whether the court in the in this case?

And, according to the "six rules" about judicial public law:"The basic situation of Collegiate members shall be open to the public, the parties shall have the right to apply for withdrawal". The basic situation of the said law believe not just fingering official name, but enough to make the basic information to determine whether the application for withdrawal, should at least include home address, nationality, education etc.. I make bold to judge, Wangdu court the judge must not be disclosed except the name other than the situation.

Two,     Violation of public opinion supervision principle

According to the "Supreme People's Court on a number of provisions" accept supervision by public opinion of news media third:"The trial of the case to the public, the news media reporters and the public can attend. The trial place seat is insufficient, should give priority to ensuring the need of media and the close relatives of the parties concerned." Visible, according to the provisions, should guarantee to media and the relatives of the parties concerned, but we see a lot of media, in this case was shut sb., Wangdu court ordered several school teachers and students, the National People's Congress, the government of the relevant personnel to attend. Simply can not meet the supervision of the public opinion on the case. For the clear legal provisions, Wangdu district court will turn a deaf ear to

Three,     The court judge position role, whether sitting?

In the design of the system of criminal proceedings, the court is neutral, a judge. The role positioning, decided it needed to ensure that each participant in the proceedings who exhausted their rights and reducing event possible truth. However, we see:"1Month13Morning, Chen Guangqian call before the notice of Wangdu county court to submit their participation in the proceedings of the day. Wangdu County courthouse immediately to Bo Zhen Nan Chen Xiaofeng home in Xinji city four secondary village Party branch telephone, the Chen father's ideological work, advised Chen to give up to participate in the proceedings ". According to law, the victim enjoys many rights in criminal court. Such as: the Supreme People's Court on some problems in the implementation of "the people's Republic of China Law of criminal procedure" in the interpretation of article133Article,138Article,161Regulations."The victim and his agents ad litem, the presiding judge may permit, supplementary questions, burden of evidence and debate." 1992The court in "Regulations on approval" victim agent and the agent shall be entitled to issue any litigation rights in:"The victim has died, in order to fully protect the legitimate rights and interests, the people's court shall permit the close relatives attorney to act as agent to participate in litigation ", and courts in Wangdu at this time is not to encourage participants to actively exercise their rights, is to persuade them to give up litigation. A lack of rights to fair trial? Not only that, in the case of fact to Chen to find out the truth in court. For example: Chen signed the "criminal" understanding "civil indemnity"It is said Chen true meaning? Chen Jia give up litigation, of course, give testimony to the two documents. In the court's misguided lost in the hearing rights Chen, only in the lower court expression be indignant.

     Four, the prosecutor dereliction of duty, weak supervision

The procuratorate in the trial is not only on behalf of the state to exercise the right of public prosecution, also have oversight responsibility, in this case, the public prosecutor to produce the victims families and the injured Zhang Jingjing Chen Xiaofeng signed two copies of "civil compensation agreement" and "understanding" of criminal. However, one of the effective condition of the civil legal act is to ensure that the two sides expressed their true meaning, "contract law" provisions:"A party with fraud, duress, damage the interests of the state, be recognized as invalid contract." If it is determined that two copies of evidence will affect Li Qiming's term, which will destroy the criminal law of the state's credibility, of course, damage the interests of the state, if there is fraud, coercion. Such agreements as determined as invalid

We see both parties signed the contract of insider from Wang Keqin reporter, apparently Chen in the contract means that is not true, Wang Keqin's investigation of the press release can be at least circumstantial evidence. The procuratorate has the obligation to this survey, and in the hearing testimony. However, the two copies of the agreement, but the reduced Li Qiming's crime evidence. There is no appearance of the Chen family but no way to express their views. Thus we see, this one "by the organization to solve the reconciliation" became Li Qiming mitigating evidence.

     Throughout the trial, on the surface of the plea in the loss of substantial criminal justice, criminal justice is sought in the course of the game each other forces, each principle is all through the history burnish and accumulation of human wisdom, is itself a system design is very beautiful, but lost in the harmonious atmosphere in such.

Beijing lawyer Zhang Kai