Convictions Announced in Police Torture Death Case

江西万建国被刑讯逼供致死案宣判

Caijing Online, 2009-08-12

The Nanchang (Jiangxi Province) Intermediate Court announced the verdict and sentences in the case against four police officers accused of torturing Wan Jianguo, who died during police questioning in July 2008. Nanchang police had detained Wan in July 2008 on suspicion of selling defective immune globulin to a local hospital where six patients died from the substance. A month earlier, however, another company had already admitted to selling the immune globulin to the hospital. While in police custody, two separate shifts of officers, allegedly upon the orders of chief criminal investigator Xia Xiangdong, repeatedly beat Wan with wooden clubs, police nightsticks and electric batons in the hopes of extracting a confession. They also, upon Xia's explicit instructions, suspended Wan upside down and swung his head into a metal railing.

The court found one officer, Deng Hongfei, guilty of intentional injury and sentenced him to 12 years fixed-term imprisonment. Chief criminal investigator Xia received a one year sentence for “torture to extract confession.” The two other officers charged with torture were found guilty but exempted from punishment—five other officers who admitted to torturing Wan were not prosecuted because “the circumstances of their crimes were minor . . . and they have displayed contrition.” Wan's widow, Wu Peifen, described the convictions as “extremely unjust” and vowed to file a prosecutorial protest. Wu's attorneys plan to jointly submit a “citizen suggestion letter” to the Supreme People's Court calling for consistency in the application of law and conviction and sentencing standards in cases of torture to extract confession resulting in death.

Henan High Court to Release Opinion on “Criminal Cases Suitable for Probation”

河南拟推广“缓刑预告书”制 犯轻罪可能不用坐牢

Xinhua News, 2009-08-10

The Henan Provincial High Court has been experimenting with increasing and standardizing probation for criminal defendants. In the last three years, the court has sentenced 612 people to only probation without a single case of recidivism among that group, compared to the previous two year period in which only 47 people received probation and 3 became repeat offenders. The court attributes part of its success to the “probation advance notices” it issues to defendants explaining why they received probation and their responsibilities while on probation. In response to public skepticism about “breaking the law and not going to jail,” a basic-level court president, Zheng Shuiquan, explains that probation is only allowed for “minor” criminal cases where the maximum punishment would be less than three years fixed-term imprisonment; “criminal elements” must also display contrition and not be a threat to society. Province-wide, over 17,000 defendants received probation in 2008, accounting for 22.6% of all criminal convictions.

“Supreme Court: Uphold Legal Standards When Adjudicating Mafia-Related Cases”

最高法：审涉黑案坚持法定标准

Beijing News, 2009-08-10

At a meeting of the “Anti-Mafia Special Struggle Leadership Small-Group,” Supreme People's Court Vice-President Zhang Jun called for courts to “respect legal-defined procedures, and strictly keep check on facts, evidence and the application of law” while “adjudicating cases involving underworld forces.” At the same time, Zhang called for courts to “come down hard” on the leaders of organized crime and those—presumably in government—who protect them: “in deciding punishment, be strict; in implementing punishments, be strict.” Of the nearly 700 decided cases in the current anti-mafia campaign, 3,089 defendants have been sentenced to over five years imprisonment, life imprisonment or capital punishment, allowing the courts to boast of a “heavy punishment rate” of 46.55%.

Taiyuan Procuratorate to Implement “Arrest and Prosecution Question-Answer” System

太原市检察院试行“捕诉答疑”制度

Xinhua News, 2009-08-07

To “better guarantee parties to criminal litigation's right to know, right of expression and right of supervision over procuratorate organs,” the Taiyuan (Shanxi Province) Procuratorate will begin the trial implementation of a new “arrest and prosecution question-answer” system. Parties to cases, their close relatives, legal representatives or defenders may apply to the procuratorate with questions regarding arrest and prosecution decisions. They may also request explanations of prosecutors' procedural actions and questions of applicable law. Procuratorate offices are not, however, required to answer submitted questions and may respond to applications with a refusal to accept, accompanied with an explanation outlining the reason for rejection.

Detention Center Guards Tried in “Hide-and-Seek” Prison Death Case

云南“躲猫猫”案两民警受审

Southern Weekend, 2009-08-07

In a five hour trial at the Songming County (Kunming, Yunnan Province) Court, Li Dongming and Su Shaolu defended themselves against charges of dereliction of duty and abuse of detainees stemming from the February 2009 beating death of Li Qiaoming at the hands of his cellmates. Li pleaded not guilty to dereliction of duty, asserting that he had never been properly trained and was not on duty when Li died. His defense lawyer further argued that criminal liability for dereliction of duty must involve a “serious breach of duty,” which Li' actions—or lack thereof—do not satisfy. Su admitted using physical punishments to discipline detainees, but claimed he always exercised “restraint” and aimed his “beatings” at “prison bullies” only. The court's verdict will be announced at a future date. The three detainees accused of beating Li have been charged by prosecutors with intentional injury.

Minister of Justice Calls for Strengthened “Guidance” over Lawyers in Sensitive Cases

司法部:切实做好律师代理敏感案件和群体性事件指导工作

ChinaCourt, 2009-08-07

At the national Ministry of Justice directors conference, Minister of Justice Wu Aiying called for the “increased strengthening of education and management of lawyers' ranks.” The MoJ should “earnestly do well the work of guiding lawyers representing sensitive cases and mass disturbances, educate and lead lawyers at large to stress politics, consider general conditions, observe discipline, and loyally execute lawyers' responsibilities.” Wu also stressed the importance of Party leadership over legal work and the need for lawyers' work to have “correct political orientation.”

Woman Executed for Running Massive Ponzi Scheme

丽水“小姑娘”集资案主犯被执行死刑 曾集资7亿多元

Xinhua News, 2009-08-05

The Lishui (Zhejiang Province) Intermediate Court announced the 5 August execution of Du Yimin for fraudulent fundraising. Du, originally convicted in March 2008, allegedly operated a massive ponzi-like scheme that collected a total of over 700 million RMB—128 million of which has not been recovered—by enticing investors with monthly interest rates ranging from 1.8% to 10%. In approving her capital sentence, the Supreme People's Court noted that Du's acts “created especially massive economic losses and the circumstances of her crime were especially egregious.”

Presiding Judge Comments on Contentious Hu Bin Traffic Death Case

主审法官解密杭州飙车案

Southern Weekend, 2009-07-30

In an effort to appease public anger and confusion over the sentencing of defendant Hu Bin, the presiding judge in the case, Pan Bo, held a press conference at the Xihu District (Hangzhou, Zhejiang Province) Court. Pan attempted to dispel widespread internet speculation that Hu—who allegedly struck and killed a pedestrian in a crosswalk while driving over twice the speed limit—had not actually stood trial but had instead hired a look-alike substitute to falsely act as defendant in the case. Pan also explained why the court could only find Hu guilty of creating a traffic accident and not endangering public safety, which carries much higher maximum penalties. Hu received “only” a three year sentence of fixed imprisonment because the court, following prosecutors, could not establish the “especially egregious circumstances” element necessary for increased punishment. In response to the public outrage surrounding the case, Pan noted that he too detested the prevalence of dangerous speeding on Hangzhou's city streets, but “while adjudicating the case, I did my best not to read related reports in the media, and also did my best not to discuss this case with relatives and friends, out of fear it would influence the verdict.”

Supreme Court Approves Death Penalty for Two Counterfeiters

近七千万假币仍未被缴获 两制造假币者被核准死刑

Xinhua News, 2009-07-31

The Supreme People's Court approved death penalty sentences for two defendants, Xu Shaorong and Zhu Yingwu, found guilty of being the principal offenders in a massive counterfeit Renminbi case. In explaining its decision, the court noted that nearly 70 million yuan in counterfeit Renminbi had not been recovered by the state. The court is also publicizing the case with three other “model” counterfeit currency cases for study and review by lower courts.

Shanxi High Court Certifies 79 “Clean Government Supervisors”

山西高院聘请79名廉政监督员 监督法院审判工作

Xinhua News, 2009-07-28

To promote “honesty and fairness” in the local judicial system, the Shanxi Provincial High Court approved 79 people to act as “clean government supervisors.” The “supervisors”—chosen from people's congresses, political consultative committees, “relevant government departments,” the media and “other fields”—will have the power to “inspect, consult and advice” a wide range of judicial activities. In “major cases and cases with a relatively large social impact,” the supervisors “can” supervise the entire process from the case filing, adjudication and execution. All instances of “bribe seeking, bribe accepting and perversions of justice” are to be reported to the appropriate procuratorate.

Policy “Opinion” Seeks to Standardize Probation System

五部门出台意见加强和规范监外执行防止脱管漏管

Xinhua News, 2009-07-28

Five government departments—the Central Public Security Comprehensive Management Committee, Supreme People's Court, Supreme People's Procuratorate, Ministry of Public Security and Ministry of Justice—jointly issued an “Opinion Regarding Strengthening and Standardizing Serving Sentences Outside Prison Work.” The “Opinion” calls for closing loopholes and gaps in the current probation system to reduce recidivism and “guarantee the proper execution of criminal punishments and promote social harmony and stability.” Procuratorate offices are to take a more active role in supervising both those on probation, and the other criminal justice organs (courts, police, prisons and detention centers) that should be monitoring parolees. The “Opinion” also calls for increased enforcement of probation revocation.

Editorial Explores How to Gain Public Support for Criminal Reconciliation

刑事和解制度该如何取信于民

Beijing News, 2009-07-26

The public's response to the Beijing First Intermediate Court's new criminal reconciliation system—in which defendants who perpetrate minor criminal offenses upon individuals may receive reduced or remitted punishment if they “reach an understanding,” usually involving financial compensation, with their victim—has been cautious and doubtful, according to an editorial in the Beijing News. “People's greatest worry is that it will devolve into 'paying money to buy a sentence.'” These fears are reasonable, the editorial argues, as social divisions increase alongside the growing gap between rich and poor and judicial corruption is common. It suggests the Supreme People's Court and Procuratorate jointly issue detailed and practical regulations governing exactly what types of cases qualify for criminal reconciliation and the procedures to be followed. Third party supervision, carried out by “lawyers, law professors, retired judges, journalists and ordinary residents” is also necessary. The editorial concludes by calling for a unified national criminal reconciliation fund that indigent defendants may draw from so they can have the same chance at gaining commuted and remitted sentences.

Public Security Ministry Vows to Get Rid of “Prison Bullies”

公安部要求坚决铲除滋生“牢头狱霸”的土壤

Xinhua News, 2009-07-27

“Safety First” is a major theme in the Ministry of Public Security's newly released “Opinion Regarding Further Strengthening and Improving of Public Security Supervision Work,” which outlines areas of reform in police-managed detention facilities. Among those reforms is a vow to “resolutely weed out any 'prison bully' growth from the earth” by: strictly forbidding the practice of using detainees to manage other detainees; enforcing the requirement that detention center personnel directly manage and supervise detainees; and creating a complete system for preventing the emergence of and striking hard against prison bullies, including “transitional supervision cells” and special observance of new detainees. Also detailed in the “Opinion” are requests for increased financial support and spending oversight—especially to prevent funds intended for detainee meals being diverted to other expenditures—and further supervision, both public and undercover, by procurators, people's congress representatives and others.

Shanxi Court and Juvenile Reformatory Showcase New Reduced Sentencing Policy

减刑、“矫正式审判”:中国针对未成年人创新司法

Xinhua News, 2009-07-25

The Taiyuan (Shanxi Province) Intermediate Court announced reduced sentences and early release for 185 convicted juvenile offenders at the Shanxi Provincial Juvenile Reformatory. The largest sentence reduction was one year and eleven months, the shortest three months. Under new regulations, juvenile offenders may apply for consideration for shortened sentences once a year, and courts, in consultation with reformatory personnel, may reduce applicants' sentences by three months to three years, based on the degree of repentance and contrition offenders have shown and how much meritorious service they have preformed. Juvenile reformatory officials in Shanxi have complimented the new regulations with increased education; all “students” in the reformatory take one thousand hours of classes every year in “culture, technology, and mental health,” with many receiving vocational certificates in more than one technical field.

Verdicts and Sentences Announced in Xishui Child Rape Case

贵州习水嫖宿幼女案宣判：一人无期七人重刑

Southern Weekend, 2009-07-24

Just under one month after holding a one-day, non-public trial, the Zunyi (Guizhou Province) Intermediate Court announced the verdicts and sentences for eight defendants in the Xishui County (Guizhou) child rape case. The court found Yuan Ronghui guilty of enticing and forcing 10 girls (three under the age of 14) into prostitution and sentenced her to life imprisonment. Seven other defendants—six local government officials and one vocational high school teacher—were found guilty of “whoring with young girls” and received sentences ranging from 14 to 7 years fixed-term imprisonment. Earlier national media attention had focused on why prosecutors had not brought charges of rape (as statutorily allowed when the victim is under 14-years-old), with prosecutors first responding that “whoring with young girls” allowed more substantial minimum sentencing and later saying statutory rape required specific intent and knowledge, evidence of which was lacking.

Urumqi Courts “Standing Firm at Their Posts, Promoting Stability”

乌鲁木齐两级法院立足岗位促稳定

Xinhua News, 2009-07-24

In the wake of the “7-5” Urumqi riots, the city's intermediate and basic-level courts' Party organizations have begun “anti-separatist struggle education” aimed at court cadres of all ethnicity. Besides making cadres aware of the “intensity, complexity and length of the struggle against separatism,” the courts are organizing efforts to go into the local community and “preach about the true facts of the “7-5” incident to each house and every family.” The courts are also emphasizing national unity among their own ranks, with Han and Uighur court personnel studying each other's languages.

China's First Death Sentence for Causing Automobile Accident

为什么判死刑 全国首起因交通事故被判极刑案释疑

Xinhua News, 2009-07-24

The Chengdu (Sichuan Province) Intermediate Court found 30-year-old Sun Weiming guilty of “endangering public safety through dangerous means” and sentenced him to death. Sun, who pledged he would appeal the sentence, crashed head-on into oncoming traffic, resulting in four deaths, as he allegedly attempted to pass in a double-yellow-line, no-pass zone while driving extremely intoxicated and over the speed limit (134-138kph in a 60kph zone), all while fleeing the scene of an earlier accident. Sun did not have a driver's license and had been cited for six moving violations—including speeding and failure to stop at a traffic light—in the seven months preceding the accident. The court described the circumstances of Sun's acts as “especially egregious and the results especially serious.” Because Sun “ignored the safety of the lives, health and property of an unqualified majority of people and the results of his reckless endangerment, [the element of] objective intent is extremely obvious.”

“'Handle Affairs According to Law,' Not 'Find a Law to Handle People'”

“依法办事”不是“找法办人”

Southern Weekend, 2009-07-22

An op-ed in Southern Weekend denounces two recent cases of criminal prosecution for alleged defamation as “nothing more than the weak masses reporting the perversions of law and corruption of local officials.” In neither case—one involving a citizen writing online about the corruption of his local township Party secretary, the other alleging that a local girl had died after being gang raped—was the “social order severely endangered” or “national interests” concretely damaged, as Article 246 of the criminal code describes criminal defamation. After noting that “protecting freedom of speech and cautiously using legal codes to mete out punishments has already become an international trend,” the op-ed further argues that “if this tendency to suppress new media's information dissemination and expressions of speech is not checked, then the nation's laws will become [corrupt officials'] personal law . . . and a new kind of local plague will run rampant throughout the over two thousand county and district level governments, damaging the nation's image.”

Supreme Court Reverses Death Penalty After Mediating with Victim's Family

情法并融力筑和谐 最高院依法调解一起故意杀人案

Xinhua News, 2009-07-22

After “meticulously and patiently conducting mediation work” with a murder victim's family, the Supreme People's Court declined to approve the death sentence of Deng Yongwang—found guilty of killing his former girlfriend, Wen Qiaoying—and remanded the case for retrial. Because the incident arose from a “love dispute,” the “circumstances and method of the crime were ordinary,” Deng acted to save Wen after injuring her, and he “sincerely repented the crime,” the Shanxi High Court and Supreme People's Court both decided that the case “did not demand death,” despite the repeated demands from Wen's family for Deng's execution and their refusal to accept financial compensation from his family. The Supreme People's Court attempted further mediation with Wen's family in the hopes of both preventing further bloodshed between the two families and “implementing the policy of 'strictly controlling and cautiously using the death penalty.'” After two trips to Shanxi, the court convinced Wen's family to accept a “reconciliation agreement” whereby they received 280,000RMB in compensation from Deng's family in exchange for “expressing forgiveness.”

Nearly Half of Provincial High Court Presidents No Judicial Experience

全国高院院长近一半系党政领导出身

Southern Weekend, 2009-07-20

Of the 30 currently-serving provincial (including directly-controlled municipalities and autonomous regions) high court presidents, 14 have career backgrounds in only non-judicial “Party and government leadership.” The president of the Henan high court, Zhang Liyong, for example, served as a village branch secretary, state-owned ocean fishery employee, and both mayor and Party secretary of Xianyang, Shanxi, before being assigned Party secretary and then president of the court. Several of the non-judicial career track presidents have law-related academic degrees: An Dong, head of the Shanxi high court, has a PhD in “constitutional and administrative science.” 14 other presidents have “standard judicial career track” backgrounds, while another two, leaders of the Jilin and Jiangsu high courts, come directly from academia.

Yunnan High Court Overturns Death Sentences in Drug Trafficking Case

三人运毒一审均判死刑 云南高院改判两人无罪

Xinhua News, 2009-07-19

The Yunnan Provincial High Court declared not guilty two defendants sentenced to death by a lower court for their alleged role in trafficking 1.7 kg of heroin. Mo Weiqi and Xie Kaiqi had appealed their original convictions, claiming they had no knowledge heroin was hidden in the interlining of their luggage, which they believed only carried samples of jade their employer had requested. The high court found the mens rea element missing in their case, as well as “mistakes in determining the facts and applying the law.” Although the court also found that another defendant in the case, Xiong Zhengjiang, qualified for leniency because of his clear confession and “relatively good attitude,” it upheld his capital sentence.

Objectivity and Independence of Forensic Experts Questioned

谁来监督法医专家？

Southern Weekend, 2009-07-15

An article highlighting the dramatic failures of forensic experts, in particular coroners, to objectively and independently evaluate evidence in two cases explores the root causes behind their inaccuracies. In one case, Lian Lili was raped and strangled to death by a police officer in 2000; two different police coroner reports at the time found her cause of death to be acute pancreatitis and made no mention of rape. In another case, Li Shengli was severely beaten by police and died after being thrown out of a window. Police claimed he committed suicide and three coroner reports all failed to note the many non-fall-related injuries his body displayed. While coroners and other forensic experts who “make such mistakes or protect the mistakes of others very rarely receive punishment, those forensic experts who do bravely follow and speak the truth often become unwelcome people.” This is due to “illegal interference in forensic work by related departments and individuals.” The solution, the article suggests, is to guarantee the independence and neutrality of forensics with increased supervision and transparency.

Op-Ed Argues for Greater Commitment to Witness Testimony at Trials

刑事证人出庭须司法机关联合推动

Beijing News, 2009-07-17

While applauding the Beijing Xicheng District Procuratorate's new effort to encourage more witness testimony at criminal trials with “economic compensation,” an op-ed in the Beijing News notes that such measures are vastly insufficient. If China's criminal trial procedures are to make the transition to an adversarial system that reforms twelve years ago called for, then much greater investments must be made in creating a complete witness protection system. Future revisions to the criminal procedure law should include clear and effective evidentiary rules that stipulate when witnesses must testify during trials, the consequences of their not doing so, and the validity of pre-trial recorded testimony. In response to critics who call such proposals too costly, the op-ed cites the United States Supreme Court's recent decision allowing defendants to question forensic analysts during trial, despite the dissenting justices' worries about increased costs.

Xinjiang “Troublemakers” Could Face Up to 20 Criminal Charges

7·5肇事者涉20余项罪名

Beijing News, 2009-07-18

Authorities in the Xinjiang Uighur Autonomous Region have vowed to “'severely and quickly' punish troublemakers in strict accordance to the law, in order to maintain social stability and respect for the law.” Those involved in last week's “7-5” (5 July) riots could face up to 20 different criminal charges, ranging from endangering national security and inciting separatism and ethnic hatred to infringing citizen's personal and democratic rights and gathering to disturb public order. No mention is made of the ethnicity of the “troublemakers” (also translated at “peacebreakers”) facing such charges, but reference to those who “received foreign orders” and “organized, planned, and directed” the violence appears to refer to Uighurs only, not Han Chinese who later sought retribution.

Open Constitution Legal Center Shut Down by Beijing Authorities

今日北京市民政局宣布取缔“公盟法律研究中心”

2009-07-17

The Beijing Municipal Civil Affairs Bureau shut down the Open Constitution Initiative's Legal Research Center for allegedly failing to properly register as an NGO; a charge the Center denies, citing its status as an internal public interest department of the Open Constitution Initiative Consulting Company. Earlier in the week, the Beijing Tax Bureau fined Open Constitution 1.42 million RMB in back taxes and penalties, which the company is protesting through a request for an administrative hearing. Legal Research Center lawyers have attracted national and international attention for representing clients seeking compensation in the melamine-tainted infant formula scandal and criminal defendants in cases involving highly suspect police work.

Editorial Laments Failures of Courts and Procuratorates for Allowing “Muddled Cases”

“糊涂案”何以连闯三关

Bejing News, 2009-07-16

In response to news of a confused court verdict in rural Anhui Province involving convictions on crimes different than what prosecutors charged and sentences well below statutory minimums, an editorial in the Beijing News reflects on the failings of the basic-level criminal justice system. It blames those failings primarily on the difficulties—due to a longstanding inquisitorial tradition—in fully implementing the leadership and supervisory functions of the procuratorate over police as outlined in the amended 1996 Criminal Procedure Law. The many safeguards that law envisions are often ignored “in some places” as cooperation amongst police, prosecutors and courts in fighting crime is emphasized at the detriment of mutual checks and balances. “In recent years, although the independence of procuratorates and courts has been somewhat strengthened, circumstances in which power is unrestricted still exist, due to certain deep-rooted rules outside the law and hidden rules.”

Procuratorates to Increase Supervision over Prison System

今年下半年我国监所检察将重点做好4项工作

Xinhua News, 2009-07-16

The vice-president of the Supreme People's Procuratorate, Sun Xian, spoke at a forum for leaders of the country's local procuratorates on the need for procurators to increase their supervisory role over prisons and detention centers, the later still operated by local public security bureaus, not the Ministry of Justice. Sun emphasized the need to prevent and rectify instances of suspects being detained beyond legally prescribed time limits. Specific measures to do so include “persistently implementing the practice of calling [police] attention to expiring time limits, pressing [police] about expired limits, and correcting cases where time limits are exceeded and pursuing the responsibility of [relevant officials].” Procuratorates are also to increase communication, planning and coordination with public security organs by establishing and manning permanent offices within police stations and detention centers.

Shanghai to Combat Juvenile Crime by Nonnatives

上海采取措施遏制来沪未成年人违法犯罪上升

Xinhua News, 2009-07-15

At a recent press conference, the Shanghai Neighborhood Youth Affairs Office released statistics showing a 56% growth in juvenile crime from 2004 to 2008. The proportion of those crimes committed by nonnative Shanghaiese—“youths coming to Shanghai to work, study and live”—increased from 51% to 76% over the same period. To combat this increase, the local government will focus on “advance prevention, critical prevention and recidivist prevention,” including sending social workers into schools for migrant workers' children to offer “education on mental health, legal knowledge and domestic relationships,” with special attention to be paid to “troubled students.”

Tianjin Employment Announcement Solicits Applicants for Court Vice-President

天津公选法院副院长、院长和副检察长、检察长

Xinhua News, 2009-07-13

The Tianjin Municipal Party Committee has publicly issued employment announcements for vice-president of the city's high court, presidents of three city district (intermediate) courts, vice-president of the city's procuratorate, and presidents of two district-level procuratorates. Qualified applicants must currently hold department-level director or vice-director positions in the court or procuratorate systems. They must also hold a university bachelor's degree and be under the age of 50. The selection process will involve a written test evaluating applicants' knowledge of public management and the “specialized field”—presumably law—as well as interviews.

Yunnan Court Apologizes After Handcuffing Lawyer to Basketball Pole

云南澄江县一法官非法拘禁律师 法院向律师道歉

Xinhua News, 2009-07-13

After refusing to sign off on trial notes in protest against the non-inclusion of his arguments in a land use rights dispute, a Kunming (Yunnan Province) lawyer, identified only as “He,” was ordered handcuffed to a basketball pole by a Chengjiang County Court judge. He remained shackled there for forty minutes until the court's vice-president released him. The next day (11 July), the Yunnan Provincial High Court ordered an investigation of the incident that has resulted in a formal apology to the lawyer and “research into [how to] handle the relevant responsible parties at the court.”

New Trial Begins for Wuhan Man After Supreme Court Remands Death Penalty Case

最高法院复核发回重审武汉“高管涉嫌杀情妇”案

Xinhua News, 2009-07-08

The Wuhan (Hubei Province)Intermediate Court began retrying the capital murder case against Chen Yilong, accused of strangling his mistress to death and attempting to burn her body in February 2006. In July 2006, the same court found Chen guilty of identical charges and sentenced him to death. Over a year later, the Hubei High Court dismissed Chen's appeal and sent the case to the Supreme People's Court for final death penalty approval. The Supreme Court, however, remanded the case for a new trial, citing the facts of the case as unclear and the evidence insufficient. Chen has maintained his innocence throughout the trial and appeal stages and claims his earlier confession to police was forced. His defense lawyer, Wang Wanxiong, famous for his defense of the “Panda Burning Incense” computer virus creators, points to inconsistencies in Chen's confession with the physical evidence and the inadmissibility of other evidence, such as the time of death report's lack of proper certification signatures and seals. Prosecutors did not present any new evidence at the retrial, making it unclear how the Supreme Court might ultimately decide a case it earlier declared as lacking sufficient evidence.

Editorial Warns Against Distorting the Law to Satisfy Public Anger

南京车祸：法律如何回应民意

Beijing News, 2009-07-10

Nanjing (Jiangsu Province) police recently submitted a request to the local procuratorate to arrest Zhang Mingbao on charges of endangering public security for a traffic accident he allegedly caused on 30 June that left five pedestrians dead and four injured. Public outrage over the accident—in which Zhang was reportedly extremely intoxicated—has centered on demands for punishment greater than the 7 years fixed-term imprisonment that Zhang could receive for the crime of “causing a traffic accident.” An editorial in the Beijing News worries that local authorities gave in to public anger in accusing Zhang of endangering public security, which, as defined in China's criminal code, does not fit Zhang's actions and is likely being applied simply to justify harsher punishment. Such distortions of law, the editorial argues, not only endangers the basic stability and predictability of the law but also fails to address the fundamental issue in the case: a void needing to be filled exists in Chinese criminal law regarding egregious traffic accidents.

Update on Experimental Changes to Sentencing Procedures

法官量刑“独断”将被打破

Southern Weekend, 2009-07-08

As part of a broader effort to formulate detailed sentencing guidelines and improve sentencing consistency, 120 courts throughout China are currently experimenting with “sentencing arguments” in which prosecutors and defense lawyers engage in oral exchanges at the end of the trial over how the court should sentence the defendant. According to Beijing University professor Chen Ruihua, because 99% of all trials end in conviction, “the central issue during trials that prosecutors and defendants alike are most concerned about is sentencing, not conviction.” Trying to separate conviction and sentencing procedures is difficult in China, explains Jiang Huiling of the Supreme People's Court's Judicial Reform Office, due to the civil law's tradition of combining the two. But making sentencing procedures more open and transparent is essential to combating judicial corruption, argue advocates of reform. In cases where defendant's plead not guilty, Professor Chen suggests implementing a two phase trial system so defense lawyers are not forced to argue for lenient sentences immediately after trying to convince the court of their client's innocence. Ultimately, though, suggests the article's author, the greatest problem sentencing procedure reform faces is the deciding power of adjudication committees in important cases.

18 Suspects Arrested in Rural Fujian Child Rape Case

职校校长奸淫嫖宿初中女生

Beijing News, 2009-07-09

In a case drawing comparisons with the Xishui, Sichuan child rape and prostitution affair earlier this year, the Anxi County (Fujian Province) public security bureau has arrested eighteen people, including two public officials, on suspicion of rape and “whoring with young girls.” Police have already administratively sentenced another public official, Xie Zhiteng, head of the local industry and commerce bureau, to six months of detention for education for visiting prostitutes. Investigators started pursuing the case after a junior high school student reported to police that Yang Xiangsi, now described as the mastermind of the operation, tried to frighten and entice her into performing sexual services. Police allege Yang and his accomplices forced eight middle school girls, including five under the age of 14—which triggers China's “crime of whoring with young girls"—into prostitution.

Ministry of Justice Mandates Greater Supervision over Legal Aid Funding

司法部要求严格法律援助经费监管 杜绝违法违纪

Xinhua News, 2009-07-09

The Ministry of Justice recently issued a notification requiring justice bureaus at all levels to increase supervision over the use of legal aid funds, especially those allocated directly from the central government. Local governments are not to substitute such allocations for local funding from their own budgets. All misappropriations and illegal uses of legal aid funds are to be punished through internal Party discipline and, in serious cases, criminal punishments.

Editorial Calls for Calming Xinjiang Unrest Rationally and “According to Law”

以理性和法律平息乌市“7·5事件”

Beijing News, 2007-07-08

A carefully worded editorial in the Beijing News calls for all ethnic groups to exercise calm and refrain from giving in to angry desires for revenge in reaction to recent violence in the Xinjiang Uighur Autonomous Region. In contrast to many internet postings and popular sentiments in China, the editorial purposefully avoids stereotypical characterizations of any ethnic group or religion, reminding readers that all ethnic groups and religions hold “truth, good and beauty” as common human virtues. It states that “the final solution to the 7·5 incident is through investigation by judicial departments and, with the facts as a foundation and the law as a guide, imposing sanctions upon criminals.”

Jiangxi to Create “Seamless Connection” Between Released Inmates and Society

江西监所与社会"无缝对接" 刑释解教人员可享低保

Xinhua News, 2009-07-08

To help reduce recidivism, the Jiangxi Province Ministry of Justice Bureau is requiring local offices to increase efforts to assist released inmates of the province's prisons and reeducation through labor centers readjust to life in society. Included among the requirements is the responsibility of local Ministry of Justice offices to coordinate with local civil administration departments in getting released inmates who qualify for subsistence allowances included in such programs. Greater efforts will also be placed on giving pre-release inmates legal aid, psychological counseling, and employment opportunities, including vocational training.

Trial of Four Police Accused in Torture Death of Suspect Concludes

江西“球蛋白事件”刑讯逼供案开审

Southern Metropolitan Daily, 2009-07-03

After one and a half days of proceedings, the Nanchang (Jiangxi Province) Intermediate Court closed the trial phase of the case against four police officers accused of torturing Wan Jianguo, who died during police questioning. Nanchang police detained Wan in July 2008 on suspicion of selling defective immune globulin to a local hospital where six patients died from the substance. A month earlier, however, another company had already admitted to selling the immune globulin to the hospital. While in police custody, two separate shifts of officers, allegedly upon the orders of chief criminal investigator Xia Xiangdong to “defeat violence with violence”, repeatedly beat Wan with wooden clubs, police nightsticks and electric batons in the hopes of extracting a confession. They also, upon Xia's explicit instructions, suspended Wan upside down and swung his head into a metal railing.

Prosecutors, despite the protests of Wan's family's legal counsel, only brought charges against Xia and three officers on shift when Wan died. Five other officers who admitted to torturing Wan earlier were excused of criminal responsibility because “the circumstances of their crimes were minor . . . and they have displayed contrition.” Arguing that his actions “exceeded the scope of torture to extract confession,” prosecutors charged one officer, Deng Hongfei, with intentional injury, while the three others, including chief investigator Xia, were charged with torture to extract confession. Wan's family's lawyer also disputed those charges, pointing out that Article 247 of China's criminal code stipulates that police torture resulting in death constitutes homicide. Xia argued his actions did not constitute a crime, and two other defendants offered not guilty defenses. The court will announce its verdict at a future date.

Questions Surround Hebei Detention Center

河北疑犯喝凉水致残续：事发看守所曾有2人猝死

Xinhua News, 2009-07-02

The Hebei Province Procuratorate is investigating the claim of a former police suspect, Qin Yingwei, held in a Zanhuang County (Hebei Province) detention center that while in custody a cellmate repeatedly forced him to drink massive amounts of cold water, eventually resulting in permanent physical disability. Within a six month period in 2007, two other suspects mysteriously died while in the same detention center. In exchange for a 90,000RMB “hardship subsidy,” the detention center pressured the parents of 25-year-old Fang Jiangwei into signing an agreement that the autopsy report—which documented unexplained bruises and other signs of physical abuse—would “no longer serve as evidence” and the family would not pursue the matter further. The other suspect, 17-year-old Zhi Guoyu, did not even receive an autopsy after his parents were unable to pay the 5,000RMB “appraisal cost” police demanded.

Top Politician Speaks at Legal Aid Work Conference

孟建柱在第五次全国法律援助工作会议上的讲话

Xinhua News, 2009-07-01

Politiburo Standing Committee member and Central Political-Legal Committee secretary Zhou Yongkang spoke at the fifth annual National Legal Work Conference in Beijing. Zhou applauded the progress made in legal aid work over the last few years. Among the many points Zhou made, he noted that legal aid must: be a part of and work within socialism with Chinese characteristics; work to bring the people and Party closer together and therein solidify the Party's leadership; guarantee that disadvantaged groups have access to legal services; expand the scope and availability of legal aid; increase the quality and efficiency of legal aid; and focus on promoting “a stable and harmonious society.” Zhou also emphasized the need for local governments to adequately fund legal aid programs and, given the “strong political nature” of legal aid work, the duty of “relevant departments and judicial administrative organs” to both lead and supervise legal aid work.

3 Year Rotational Training Program for Legal Aid Workers in Western China

我国将在3年内轮训西部省区市法律援助机构工作者

Xinhua News, 2009-07-01

Beginning 1 July, the Ministry of Justice will implement a three year rotational training program for legal aid workers in China's western provinces. The training is aimed at provincial and city-level legal aid and will focus on raising their “management abilities and level of service,” as well as improving coordination among legal aid organizations in different areas.

Beijing Begins “Thunder” Anti-Crime Operation in Preparation for National Day

北京开展“惊雷”行动打击刑事犯罪确保国庆平安

Xinhua News, 2009-06-30

In preparation for the 60^th Anniversary of the PRC's founding on 1 October, the Beijing Public Security Bureau announced the beginning of an anti-crime operation dubbed “thunder” to “strike hard all kinds of criminal offenses according to law.” The operation seeks to maintain a level of public security equal to that of last year's Olympic Games. In the first half of 2009, Beijing police have reportedly solved 90.05% of all murder cases and 100% of all kidnappings. Compared to the same period last year, the overall rate of criminal incidences in Beijing is down 2.8% and the incidence rate of the eight most “dangerous and serious crimes”—including murder, kidnapping, rape and robbery—is down 19.8%.

Supreme Court Issues Death Penalty Guidelines for Drug-related Cases

最高法院统一毒品犯罪死刑标准 5种情形可判处死刑立即执行

Xinhua News, 2009-06-26

In preparation for International Anti-Drug Day, the Supreme People's Court issued new capital punishments sentencing guidelines for drug-related cases. According to the new guidelines, five types of circumstances qualify for the death penalty with immediate execution (as opposed to a two year reprieve which often leads to a reduced sentence of life imprisonment). The circumstances include drug gang leaders who use armed protection and violently resist inspection and arrest or “participate in organized international drug trafficking activities.” Also included are repeat offenders who use or entice juveniles to smuggle, sell, transport or manufacture illegal drugs or sell drugs to juveniles in quantities exceeding the death penalty minimum standards (not given). State employees who use their official positions to facilitate drug crimes are subject to capital sentences as well.

Six Executions Announced for International Anti-Drug Day

最高法院公布4起毒品死刑案件 6犯人被执行死刑

Xinhua News, 2009-06-25

The day before International Anti-Drug Day (26 June), the Supreme People's Court publicized four major drug cases involving six death sentences and announced that those sentences had been carried out the same morning. One defendant, Wang Li, was found guilty of orchestrating the manufacture and transport of approximately 35 kilograms of ketamine. Three defendants, Wang Xilin, Lu Gang, and Zhou Zhenjun, received capital sentences for smuggling, trafficking, and manufacturing methamphetamines and ammunitions from Myanmar. Another case involved the smuggling and trafficking of heroin from Myanmar.

Deng Yuqiao Case Highlights Problems in Criminal Procedure Law

邓玉娇案中被冷落的程序疑点

Southern Weekend, 2009-06-24

The recent Deng Yuqiao case—in which Deng stabbed two Dandong County officials in alleged self-defense and was found guilty of using excessive force but exempted from criminal punishment—has forced Chinese legal scholars to consider the “fairness” of China's criminal procedure law. Many feel that the intense media attention on Deng's case helped protect her rights in ways that formal criminal procedure does not. For example, Deng's initial legal team from Beijing requested that police obtain physical evidence (Deng's undergarments) that might prove she was sexually assaulted, and local investigators fulfilled the request. The criminal procedural law, however, only allows defendant's counsel to make requests for evidence after the case has been sent to prosecutors, after the investigation phase. During the investigation phase, defendant's lawyers in effect only act as “legal helpers” and not genuine criminal defenders. Qinghua University professor Yi Yanyou feels that while substantial justice was delivered in the case, without procedural justice, there is little guarantee that substantial justice is available in the vast majority of cases where public scrutiny is absent.

Ministry of Justice Releases Coercive Drug Rehabilitation

我国一年来共收容、收治戒毒人员近11万人

Xinhua News, 2009-06-24

In preparation for International Anti-Drug Day, the Ministry of Justice announced that administrative legal proceedings—conducted by police and MoJ officials without the courts or procuratorates—had sent nearly 110,000 people to China's 179 “coercive isolation drug rehabilitation centers” in the last year. According to Justice Vice-Minister Chen Xunqiu, the MOJ has reassigned medical personnel from the reeducation through labor system to the coercive drug rehabilitation centers.

Reporter Reflects on Hundreds of Interviews with Juvenile Offenders

百名少年犯的黑色记忆——关注未成年人犯罪

Xinhua News, 2009-06-23

Xinhua reporter Qiao Yunhua interviewed over two hundred juvenile offenders while researching a book on contemporary juvenile crime in China. Her sensationalized reflections on the interviews highlight inordinately violent and extreme cases but also reveal crime trends allegedly recognized by leading Chinese researchers: crime in China is becoming more violent and being committed by younger people. According to the Chinese Juvenile Crime Research Association, “in recent years, total juvenile crime has accounted for over 70% of all crime in China,” and 15- and 16-year-old minors commit over 70% of all juvenile crime. Juvenile crime is reportedly rising throughout the world—with examples from England and the USA cited—and while Qiao does not directly speculate on the causes, she appears to suggest the negative influences of television and the internet as causes.

New State Compensation Law to Include Defendants Found Not Guilty

中国拟修法规定判决宣告无罪的被拘留逮捕者可获国家赔偿

Xinhua News, 2009-06-22

During its review process of draft amendments to the State Compensation Law, the Standing Committee of the National People's Congress approved state compensation for people “detained or arrested in accordance to criminal procedural rules whose cases were dropped, not prosecuted, or declared not guilty and not subject to further criminal investigation.” Defendants will no longer need to prove that officials acted “illegally” or contrary to procedural requirements. However, defendants initially detained or charged on criminal matters but later given administrative punishments or demerits will not qualify for compensation, which is approved and distributed by local government “compensation committees.”

Law Student Employment Ranks Second to Last Among College Majors

法学毕业生就业率倒数第二反思

Xinhua News, 2009-06-19

According to the official 2009 China University Student Employment Report, undergraduate students majoring in law and “related majors” reported the second lowest employment rate among all university majors. Among those law students who did find work, only 47% found jobs within the legal field. The problem stems largely from the rapid expansion of law departments over the last decade as schools raced to increase overall enrollment. Many colleges that previously did not offer legal studies and whose educational mission clearly does not include the law—for example a railway medical school—have also established law departments, leading to an excess of poorly-trained and unprepared law graduates. Another problem is law students' sole focus on the few law firm and government jobs in major cities, while many counties in rural China are desperately lacking legal professionals.

Deliberation of Draft Amendments to State Compensation Law

国家赔偿法修订二审在即 惩罚性赔偿仍未列入

Xinhua News, 2009-06-18

After announcing progress in drafting amendments to China's State Compensation Law in October, 2008, the NPC's Standing Committee is scheduled to deliberate on the new amendments at the end of this month. Sometimes referred to as the “non-compensation law” because of its low compensation levels and narrow scope, the law's new amendments reportedly do not include provisions for award of punitive damages that many legal scholars have been urging. The new amendments are rumored to include clear guidelines for awards of emotional distress, capping them at five times the nations' average annual salary (146,145RMB in 2009). Compensation for wrongly-convicted defendants under the law as it exists now seems to vary widely; one innocent man who spent over ten years in prison received only 300,000RMB in state compensation while another who was in prison for exactly ten years got over 700,000RMB.

Deng Yuqiao Exempted from Criminal Punishment in Dandong Stabbing Case

邓玉娇案一审判决免除处罚

Caijing Online, 2009-06-16

After a two hour trial in which her defense attorney argued for her innocence based on self-defense, the Dandong County (Hubei Province) People's Court found Deng Yuqiao guilty of “the crime of intentional injury” in the death of Deng Guida (no relation) but exempted her from criminal punishment because of three mitigating circumstances: her actions constituted self-defense—albeit with excessive force, hence her guilt—her cooperation with police qualified as voluntary surrender, and the forensic psychiatric diagnosis of her bipolar mood disorder determined her to have “partial limited criminal responsibility.” It is not clear if Deng's lawyers suggested Deng Guida was attempting to rape her. The court's judgment describes Huang Dezhi—who Deng also stabbed but survived, and whose injuries were not included in the prosecution's indictment of Deng—and Deng Guida's actions toward Deng as “unreasonable badgering, pushing, pulling and shoving, spoken insults, and other unlawful infringements.” In an interview, Deng's two attorneys, whose integrity have been questioned after they replaced the Beijing lawyers Deng's mother mysteriously fired and their background as legal advisers to the Hubei government was revealed, stated they did not know if Deng planned to appeal the conviction. They also declined to offer their opinion of the verdict.

Beijing to Discontinue Execution by Shooting and Use Lethal Injection Only

注射取代枪决：实现死刑执行的统一

The Beijing News, 2009-06-16

By the end of 2009, Beijing is to become one of the few areas in China to use only lethal injection in conducting executions. Since the first use of lethal injection in China in 1997, courts in jurisdictions with the requisite equipment and trained personnel have had the choice between executing defendants by shooting or lethal injection. This has led to suspicions that “lethal injection is used more on corrupt officials” and courts “pick the method of execution based on the level of popular anger against the criminal.” To establish a timetable for discontinuing execution by shooting nationwide, funding and planning by the central government is necessary; the Supreme People's Court also needs to issue normative documents to “further improve procedural guarantees and ensure that the humane reform of capital punishment can be realized in every single case.”