Right " stand fast prevent unjust verdict bottom line " a few understanding
Of the party 18 big since, xi Jinping's secretary-general is built to ruling by law and job of politics and law makes a series of important instructions, outstanding emphasize " should let people be in each judicatory case hard feel fair justice. " stand fast prevent unjust verdict bottom line, it is the important facet that ensures social fairness justice. For this, want to make clear the following on the thought:
One, should ensure clearly handle a case quality, stand fast prevent unjust verdict bottom line, it is each execute the law those who manage case staff is lifetime pursuit and weighty responsibility.
Unjust verdict is a disaster to party not only, and harm force of public letter of judicatory authority and judicatory badly, influence people is fair to the society just confidence, affect national long period of order and stability. Although a few unjust verdict that announce recently are a certain number of deal with before New Year, produce unjust verdict also be few number place only, but " before the thing does not forget, the division of funeral affairs " , differ to affirm at going up objectively without discovery at present, differ to will happen henceforth without discovery now. Accordingly, ensure handle a case quality, stand fast prevent unjust verdict bottom line, it is each execute the law handle the pursuit with case lifetime personnel and major responsibility. Any executing the law do case personnel to be opposite without a bit reason this find oneself is good, and must walk on small mental state and meticulous manner to treat with the spirit that is in charge of highly, Lin Yuan, till exit,execute the law run case station. Make clear even at the same time, "Stand fast " the col that is about to defend oneself to guard stoutly, he is not defended and cannot send a hope to be defended at the link from the back; "Stand fast " be about to exert oneself discovers and exclude illegal evidence stoutly, in case unjust verdict is obstructed by the presentative place of illegal evidence; "Stand fast " be about to take strict precautions against defend to the last, dare to be published lawfully and hold to true opinion, the decision that discovers a leader may produce unjust verdict, want to superior even report of bypass the immediate leadership, lead to tragicly in case. The decision that knows perfectly well superior can produce unjust verdict to still grant to carry out, also do not report to superior, want to investigate duty lawfully; "Stand fast " cannot let handle a case personnel is long-term excess load handles a case, otherwise not only case quality assures hard, unjust verdict avoids hard, return can serious effect to handle a case the health of body anthe most popular watch casesd mind of personnel and study charge. Accordingly, the place with little very prominent contradiction of on record much person, want to strive for support of Party committee, government, action collection a few procuratorial work assist personnel. The place with person contradictory and prominent case mostly economy relatively develop, college graduate is willing to go very much but obtain employment is insufficient, want Party committee, government to agree only, completely conditional action is recorded have better quality, can be competent the personnel that procuratorial work assists the job.
2, the connotation that wants clear case quality.
Some comrades think, stand fast prevent unjust verdict bottom line, be about to leak rather not wrong. I do not agree with this kind of understanding. Alleged and just judicatory, can be gotten protect and be reliefed certainly namely by the right of enroach on, illegal crime activity can get certainly punish and penalty. That is to say, just judicatory includes to prevent leakage. The connotation of case quality is a fact clear, evidence is really sufficient, qualitative accurate, processing proper, process is legal, this must be accomplished pretty good do not leak. Because if wrong, person of guilty suspect, the accused does not feel fair justice; If the most popular north face shirtsleaked, the injured party of the case does not feel fair justice. Of course, according to doubt blame from unprincipled, make innocent processing be caused likely to doubt blame " leakage " , but this kind lawfully have to " leak " , go up with guiding ideology prevent " leakage " , both is not contradictory. Accordingly, we should stand fast already prevent unjust verdict bottom line, should hold to again " two basic " , prevent to pester minor details, indulgent crime.
3, should make clear " unjust verdict " standard.
I understand, case of injustice is to go up objectively existence criminal case, but be being chased after to tell a person is not guilty person; Feigned case is to go up objectively case of criminal of not constant presence, enter the case of proceeding or be chased after to accuse the person is false. The common feature of case of injustice and feigned case depends on, regard the person that does not have guilty fact as guilty suspect or the accused person will find out, common ground says, namely " made a mistake the person " . Misjudged case can have the branch of narrow sense and broad sense, the misjudged case of narrow sense and feigned case of case of injustice are same, it is to point to " made a mistake the person " . The misjudged case of broad sense still includes the doubtful case that guilty fact not clear, evidence is not worth to be found out as crime, because this kind of case is not accorded with,sue, the sthe best sbrass faucetelling modern dining chairstatutory requirement of adjudgement, but regard as the case that accords with a condition will sue, adjudgement, from law the regulation is measured also belong to misjudged case. The unjust verdict that says commonly, it is to point to above all " made a mistake the person " , in the meantime, also include to regard doubtful case as guilty processing. Because be in doubtful case, the likelihood has true crime, have what did not commit a crime possibly also, if regard guilty processing as doubtful case, can make person of partial crime suspect, the accused covers loss. For example, in 100 doubtful case, although have 5% only,be bad luck, if regard crime as processing, can make 5 people cover loss, this did not guard the bottom line that prevents feigned case of case of injustice. Accordingly, prevent feigned case of case of injustice to be defended (made a mistake the person) this bottom line, must hold to doubt blame from without, defend do not regard doubtful case as crime will handle this bottom line.
"watch caseDo not make a mistake the pefree modern dining chairsrson " , this looks in the public it seems that very simple thing, why to arrive the judiciary is so difficult, need us to be gone after hard? Because the proof of criminal lawsuit is retrospective proof,be, its evidence through be being collected goes " reply " and " emersion " before guilty fact, harrison hot spring public pooland this kind " reply " , " emersion " the process is very complex, get a lot of factors restrict, the truth is masked easily and ill-natured. 2 because the person makes a mistake,be, person of some crime suspect, the accused commits a crime really, only he himself knows (if commit a crime,person of suspect, the accused is not right guilty person, that crime person also knows) , and judicatory personnel does not know. The has on record only fact that judicatory personnel sees and evidence. Prove in lawsuit from this theoretic, had objective and true the distinction of as true as law, objective fact and legal fact. Personnel of objective fact judicatory had not seen, judicatory personnel can by place of on record evidence " emersion " legal fact will maintain a case, and the objective fact conform to that fact of this kind of law knows with guilty person only, the talent won't make a mistake; If not conform to, can appear unjust verdict. Accordingly, prove to go up in judicatory, want with objective and true for the target, with law true for the standard.
4, should make clear procuratorial work mechanism to defend the specific duty standard that prevents unjust verdict bottom line.
To procuratorial work mechanism batch catch, sue the job to should raise what level, can ability guard the bottom line that prevents unjust verdict? For instance, can you ask to always be approved catch, should prosecution case accomplish 100% court decisions guilty? I think low affirmation of rate of guilty court decision is bad, but also cannot raise the requirement with 100% guilty court decisions.
Tell first sue. Although sue the standard with adjudgement,be " guilty fact is clear, evidence really, sufficient " , but, in factual Qing Dynasty really as sufficient as not clear, evidence with chancy sufficient between, nonexistent one looks clear, touch reasonable dividing line, presence of hard to avoid is constant " faintly is taken " . most case, this bounds compares easy make a clear distinction, but also a few case lies Qing Dynasty and really not clear, sufficient with chancy on sufficient ambiguous region, add different person to have different knowledge, with respect to meeting occurrence some consequently the person thinks the fact is clear, evidence is really sufficient, some people think the fact is not clear however, evidence is chancy sufficient condition. If put forward,the end with 100% guilty court decisions wants after appealing to, public prosecution personnel can leave assurance coefficient too greatly, sue any those factual evidence are nonexistent differring only the understanding, case that makes crime apparently, and will be in ambiguous region, existence the case of different understanding is made do not sue processing, cause blow not do one's best thereby. because such, world each country does not sue a regulation to procuratorial work mechanism restrict measure strictly, do not appeal to with preventing to should appeal to. In the meantime, a lot of countries still think, procuratorial work mechanism serves as accuse square, chasing after the pulling force that tells to should keep certain on crime, some still will sue standard regulation to be under adjudgement standard. To maintain this kind of pulling force, a few counvancouver to harrison hot springstries are right after appealing to, rate of guilty court decision makes count far from, inquisitor is led to seek guilty court decision and should appeal to in order to prevent do not appeal to. Mechanism of our country procuratorial work ought to strict according to legal sue a condition namely " guilty fact is clear, evidence really, sufficient " will decide to sue or do not sue. Because of guilty fact clear, evidence is really sufficient, can remove reasonable suspicion, can prevent unjust verdict thereby. To appealing to hind sentence innocent case, we want to take seriously highly, serious analysis. If think the court decision has a mistake truly, ought to put forward counterappeal lawfully; If think the court decision is right, be about to sum up a lesson seriously, handle a case of personnel existence fault, still should investigate its duty; If think the court decision is reasonable, and the prosecution of the procuratorate is reasonable also, should strengthen research, communicate with the court, so that unite broad severe measure and evidential standard.
Catch to approving, be based on the argument with same above, should approve according to examining catch the fact of on record is mixed at that time evidence, the requirement that sets strictly according to law will decide to catch or be not caught. Always accord with arrest a condition and approve catch, although be sentenced later innocent or imprisonment is the following and penal, also do not belong to a fault to catch; Be arrested to according with those who arrest a condition to give free watch caseor do notharrison hot spring deal grant to arrest to according with those who arrest a condition, it is the fault is caught or the fault is not caught. To this, need shows the following:
The fact here and evidence are " examine arrest the fact at that time and evidence " , is not the fact that lawsuit finds out finally and evidence, also not be to saw a case whether make guilty court decision finally. Because arrest,be the coercive measures that investigating initiative phase to be adopted to make sure lawsuit goes on wheels, as the propulsion of investigation development and proceeding, the social danger sex of original fact, evidence and guilty suspect may produce change; Condition of apprehension fact, evidence is " evidence proves to have guilty fact " , is not " guilty suspect already made crime " , the case that reason cannot ask to arrest is sentenced guilty. To catching hind be sentenced innocent case, we want to take seriously highly likewise, serious analysis, look whether are the fact of on record and evidence accorded with at that time arrest a condition.
The fact here and evidence are " the fact of on record and evidence " , is not just " the fact that coiling and evidence " . The great unjust verdict of current exposure, if be mixed by the fact that coiling at that time evidence, estimation majority is accorded with arrest a condition. But these cases have a common characteristic, guilty suspect extorts a confession because of sufferring inquisition by torture and made namely guilty for narrating, and batch catch personnel to extort a confession to fail to discover however to inquisition by torture, or although discovered but did not cause enough take seriously. "The fact of on record and evidence " , besides the fact in records, evidence, still should include the knowing fact such as guilty suspect and testimony. Examine records of check and approve is divided when arresting beyond, if the problem of this attention noticed, the problem of this discovery discovered, this dispatch (ask) asking guilty suspect, witness made message (ask) ask, also do not have discovery and roll inside contrary fact and evidence, that does not belong to a fault to catch; If the problem of this attention does not have an attention, the problem of this discovery does not have discovery, this dispatch (ask) asking guilty suspect, witness did not ask, the result is sentenced innocent,the best spring pool that belongs to a fault to catch. Also because such, the punishment after revising accuses the law set the 86th times examine arrest ought to 3 kinds of case of interrogatory crime suspect, still set " can enquire the lawsuit such as the witness participates in a person, listen to the opinion of counsel for the defence; Counsel for the defence raises a requirement, the opinion that ought to listen to counsel for the defence " .
The fault here is caught is to measure batch of faults that catch staff job quality to catch, is not to measure the fault that should deny person of pair of crime suspects, the accused to compensate for to catch. Measure the fault that should deny person of pair of crime suspects, the accused to compensate for to catch, ought to be a standard with the most terminative fruit of lawsuit. If the case is final by cancel, be not sued or sentence innocent, want not to have the state that avoids compensate only, belong to a fault to catch, ought to give criminal is compensated for. (Zhu Xiaoqing of procuratorial work daily is highest member of people procuratorate leading Party group, deputy chief procurator)
No comments:
Post a Comment