三级aa视频在线观看-三级国产-三级国产精品一区二区-三级国产三级在线-三级国产在线

Make me your Homepage
left corner left corner
China Daily Website

Supreme court renews call to ban torture

Updated: 2013-11-22 08:06
( Xinhua)

BEIJING - China's Supreme People's Court (SPC) has told judges to exclude evidence and testimonies obtained through torture and other illegal methods in a bid to promote fair justice.

According to an SPC document made public Thursday on setting up and improving a mechanism to prevent wrong judgements in criminal cases, illegal evidence and defendant testimony obtained through torture or other illegal methods -- such as forcing the accused to suffer from extreme temperatures, hunger and fatigue -- must be ruled out.

"Evidence must be valued. The traditional concept and practice of a testimony being the most paramount should be changed, and more attention should be paid to examining and using material evidence," the document said.

Torture has been a practice of widespread concern used by some Chinese law enforcement staff who intend to wrap up cases quickly through forced testimony or a confession.

In a 2010 case, Zhao Zuohai, a villager in the central province of Henan, aroused national sympathy when it was discovered that Zhao had spent ten years in prison for allegedly murdering a man who was actually alive.

Zhao was acquitted and released from prison after the supposedly murdered victim showed up alive. Consequently, three former police officers were arrested for allegedly torturing Zhao into confessing to a crime that never happened.

"Historically, illegal methods such as torture and forced testimony played a key role in almost every miscarriage of justice," said Zhang Liyong, head of the high people's court of central China's Henan Province.

Zhang stressed that banning evidence obtained through any form of illegal practice is a must if law enforcement organs want to wean themselves off over reliance on defendant testimony.

According to the document, courts should strictly follow legal procedures and responsibilities during a case. They are forbidden to take part in investigations by police and prosecuting organs.

Cases that might involve wrong judgements should be counterchecked, and rulings that have been determined to be improper must be corrected in a timely manner, the document said.

"People's courts must stick to exercising their jurisdiction lawfully and independently. ... They should not make any judgements against the law under the pressure of public opinion or involved parties' appeals, or in the name of 'maintaining social stability,'" said the document.

The SPC's document on Thursday echoed a high-profile reform plan approved earlier this month by the Communist Party of China (CPC) promising to improve human rights by reducing the number of death sentences, preventing confessions through torture, and other measures.

Capital punishment should be handed by seasoned judges and must be ruled out if evidence is not sufficient, the document stressed.

According to the SPC, a court should rule a defendant innocent in accordance with the law, despite suspicions, if the evidence is not enough for conviction.

"Such a principle might result in some guilty defendants temporarily escaping the hold of law, but it will prevent the innocent from being wrongly convicted. Between two evils, we should choose the lesser," Zhang said.

According to Zhao Bingzhi, head of the Law School of the Beijing Normal University, verdicts of not guilty are likely to arouse discontent from ?victims, investigative and prosecuting organs, superior departments and the public.

"However, from a legal point of view, exterior forces should not affect a court's decision. Otherwise, the temporary harmony will be at the expense of greater social risk," Zhao said.

Meanwhile, if evidence is adequate to prove guilt, but not enough for judges to determine the sentence, the court should rule in favor of the defendant, the document said.

The document also went into great detail in stipulating court procedures and the validity of testimonies and evidence, such as interrogation locations and the authentication of fingerprints, blood stains and hairs.

Thursday's document, which targeted the court system, follows a set of rules jointly issued in 2010 by five organs, including the SPC, the Supreme People's Procuratorate and the ministries of public security, state security and justice. The rules aim to prevent miscarriage of justice in law enforcement.

These rules, which made clear for the first time that evidence obtained through forced measures must be excluded, stipulate that the facts and evidence used to convict must be indubitable and sufficient, and evidence in doubt or obtained illegally must be excluded.

Some of the stipulations were absorbed in the revision of the Criminal Procedure Law in 2012.

In August this year, the Commission for Political and Legal Affairs of the CPC Central Committee issued another guideline stating that judges, procurators and police officers will bear a "life-long responsibility" for their roles in wrongful convictions.

According to Lu Guanglun, a senior SPC judge, Thursday's document is the judiciary's improvements on previous rules and guidelines.

"Only when we eradicate wrong notions and practices incompatible with the spirit of law, can we eliminate the risk of another case of wrongful judgement," Lu said.

 

8.03K
 
...
主站蜘蛛池模板: 国产一级性片 | 亚洲人性生活视频 | 在线视频日韩 | 欧美日韩国产在线观看一区二区三区 | 91看片在线观看 | 鲁久久 | 欧美乱xxxxx强| 永久免费看黄在线播放 | 亚洲色图欧美在线 | 韩国免费高清一级毛片性色 | 国产高清看片日韩欧美久久 | 一级坐爱 | 91在线网站 | 国产精品亚洲午夜一区二区三区 | 亚洲一区欧洲一区 | 亚洲色图国产精品 | 免费观看色视频 | 五月天爱爱激情视频在线观看 | 免费看欧美日韩一区二区三区 | a国产| 91香蕉视频在线观看免费 | 国产欧美一区二区 | 大陆国语自产精品视频在 | 国产人妖在线观看一区二区 | 中国一级特黄高清免费的大片 | 综合国产福利视频在线观看 | 大陆1区二区三区 | 国产三级久久久精品麻豆三级 | 男女啪啪成人免费网站 | 天天看a | 国产麻豆入在线观看 | 国产三级精品三级 | 国产精品第一区在线观看 | 亚洲精品亚洲人成在线观看麻豆 | 国产成人亚洲日本精品 | 国产高清区 | 国产成人 免费观看 | 中国做爰国产精品视频 | 青青青青手机在线视频观看国产 | 黄色片免费在线播放 | 男人粗大一出一进女人下面视频 |