( 1)
The Shawshank Redemption is a very famous film, which tells the story of Andy, a promising young banker, who was wrongly imprisoned. After 19 years of unremitting struggle and excellent planning, he finally dug a passage to freedom with a small hammer for carving, and finally had a legal status and lived freely abroad.
Among them, there are reflections on the system, praises for perseverance and praises for freedom. The classic dialogue runs through, which is relished by Chinese and foreign fans and ranks among the top movies in the world.
I feel really good after reading it. If I have to make some comments, I just feel that this is a story of a westerner after all, which is somewhat inconsistent with the way of thinking of China people. For example, people in China want to clarify their mistakes, instead of fleeing like Andy. China people also long for freedom, but this is far from the pleasure of revenge. Lawyers, judges and even juries are to blame. Why is there no punishment?
China is not short of persistence and perseverance, but persistence and perseverance, if rewarded, had better be the blood of the opponent, even if mutually assured destruction. China people don't want to stay in a foreign country all their lives. They want to live among their relatives and friends in peace.
Based on this, I want to tell a story about China's The Shawshank Redemption, which is a story, but it is by no means fiction. It is a real event that happened in China today, with the right time, the right place and no adulteration.
(2)
The beginning of the story dates back to May 2003 19. On this day, Anhui girl Wang Dong was found dead naked in a ditch in Dongmuwu Village, Xihu District, Hangzhou, with a black sleeveless vest on her head and neck, naked and lying on her back.
After receiving the report, the West Lake Public Security Bureau quickly dispatched to investigate the scene, immediately identified the identity of the deceased and immediately contacted the family of the deceased.
The family of the deceased said: On May 8, 2003, at about 2: 00/kloc-0: 00, the girl Wang Dong set off from the SARS checkpoint in a small town in Maoqian County, Anhui Province, and took the van of Zhang Gaoping, an acquaintance deliveryman, and Zhang Hui, a nephew, to Shanghai. So Zhang Gaoping and Zhang Hui were arrested as the main suspects.
But the two suspects refused to admit the facts of the crime. The police tried their best, but they couldn't pry their mouths open. Finally, they couldn't bear it anymore and used the "killer"-Yuan.
(3)
Yuan is a prisoner, not in Xihu District Public Security Bureau, but in Gongshu District Detention Center. On suspicion of selling obscene articles for profit, he was arrested on October 3, 2006 and sentenced to six years' imprisonment. However, he has never been in prison, but he is regarded as "the eyes and ears of prison investigation" and has been in Gongshu District Detention Center.
The reason why he can become "the eyes and ears of the detective" lies in his profound knowledge, outstanding eloquence and ruthlessness. 5438+0 was arrested in June 2006 and released in September 2004 12. He was sentenced to six years in prison, only three years and eight months in the detention center, and his sentence was reduced by two years and four months.
And there is still a chance to go out. In August, 2003, the final commutation was awarded 10 month. The commutation statement said: During his sentence, Yuan pleaded guilty, obeyed the law, obeyed the prison regulations, obeyed the distribution, actively completed the production tasks, and repeatedly dispatched other places to assist the public security organs, and achieved remarkable results in completing the tasks. In April, 2003, Yuan went to Hebi, Henan Province to perform a task. It is recorded in the written materials of the Criminal Investigation Brigade of Gongshu District, Hangzhou.
It seems that this Yuan has really finished his work well and is often borrowed to help. Xihu District Public Security Bureau thought of him for no reason.
Yuan did not bear the great trust. He went into battle in person and was beaten out of the water through hard-hearted teaching and threats of both hard and soft. Finally, Zhang Gaoping and Zhang Hui's uncle confessed the fact that his uncle helped his nephew rape the victim.
(4)
There is a confession, but it lacks evidence to support it. The West Lake Public Security Bureau is simply idle, and they want to invite people. Nie Haifen, a famous female detective in Hangzhou, was invited this time.
Nie Haifen was born in 1965, and 1986 joined the work. He is a criminal investigation expert in Zhejiang Province. Although at the grassroots level, he was employed as a part-time instructor in Hangzhou Police College. She edited textbooks and passed on her experience to new people without reservation.
After receiving the invitation from the West Lake Public Security Bureau, Nie Haifen was a little worried about this case with only confession and no evidence. However, after all, she is a forensic expert. She said frankly: it was a rape case, but there was no semen spot on the victim; There was no physical evidence in the suspect's car, and the male DNA found under the victim's eight nails did not match the suspect.
So she went to another suspect. Under her guidance, the investigators went to Anhui three times, trying to find a man who matched the DNA identification, but found nothing.
What should I do? The reputation of the detective will be damaged, and the comrades in the West Lake Public Security Bureau seem to have lost their patience. When she changes her mind, she will have a bright future.
(5)
If no other suspects can be found, first determine whether the confessions of these two suspects are true. How to determine? Based on Uncle Zhang's confession, she fixed the details of the judgment, and then confirmed the authenticity of the confession by the details.
Zhang's uncle confessed that he heard the sound of running water and dumped the body when he committed the crime. But the locals said that there is no water in the ditch at ordinary times. Regardless of these, Nie Haifen went to check the local hydrological data to see if it was raining. When it was raining, she could hear the sound of water.
With water flow, another big problem is solved. Didn't the confession say rape? No semen spots were found, so I naturally washed it all night and washed away the rape marks in the victim's body.
She has also done many investigation experiments, including finding a van and driving all the way from Anhui to the crime scene.
In this way, an objective fact based on oral collage appeared, forming 26 pieces of evidence. The time is accurate to the second and the distance is accurate to the meter, which is impeccable.
On April 13, 2006, CCTV 12 Channel's "First Line" column launched the series report "Invincible Nie Haifen" by Zhejiang detectives. Among the many cases she handled, she only chose Zhang's murder case.
In the eyes of Wei Wu, an investigative policeman who participated in the investigation with her, the female detective lived up to expectations and handled the case impeccably.
(6)
Impeccable? That's ridiculous. Her basis is Yuan's masterpiece, and her logic is presumption of guilt. All she did was put a beautiful coat on Yuan's inferior products and put a production license on them.
It is not that she is not careless in her work, but that there is something wrong with her logic. It's not that she doesn't have the ability to find problems, but that she uses her ability in the wrong place.
The written description of the package is comprehensive, but it turns a blind eye to the two lives in the package. In the CCTV program, she said: "In a state of shock, after a sudden trial, she spoke, and both of them spoke."
A reporter from Guangzhou Yangcheng Evening News once showed Zhang's uncle a photo of Nie Haifen, and both of them said they had never seen it. The reporter asked him if he had been questioned by a policewoman. Zhang Gaoping said: No woman has ever tried me. Zhang Hui said: It was only when DNA was extracted for identification that a policewoman came and took my nails and hair.
Nie Haifen is a pre-examiner, belonging to the public security system responsible for investigation. The public security system hopes that the pre-trial personnel will prevent things that do not meet the requirements of the trial in the investigation, and also in order to better connect with the trial. It can be said that it is the first barrier of criminal investigation.
But instead of meeting the suspects and listening to their reactions, she blindly trusted her own people, so that she became a tool and a whitewasher of criminal investigation. This is a kind of sadness.
(7)
Organized by the West Lake Branch, Yuan and Nie Haifen jointly brought Uncle Zhang to court, and the Hangzhou Intermediate People's Court made a judgment according to law. Zhang Gaoping, an accessory, was sentenced to life imprisonment and Zhang Hui, the principal offender, was sentenced to death.
The two refused to accept the verdict and appealed. In June 2004, the Zhejiang Provincial High Court made a final judgment. Zhang Gaoping was sentenced to life imprisonment to fixed-term imprisonment 15, and his nephew Zhang Hui was sentenced to death with a reprieve.
Unlike Andy in The Shawshank Redemption, he is gentle in prison, but in fact he has ulterior motives. Zhang Gaoping was "bitter" from the beginning. He didn't plead guilty, didn't report the case, didn't sing, didn't report his thoughts and seized every opportunity to complain.
Helplessness didn't play any role, but he didn't lose heart. He not only insisted on complaining blindly, but also looked for evidence conducive to his complaint in the extremely closed environment of the prison. This is much more positive than Andy in The Shawshank Redemption, who accidentally met the prisoner who came in later and mentioned the murder case, only to ignite the confidence of getting out of prison through normal channels. He found it.
A news report said that Wu Jingjing, a student from zhejiang university city college, was killed on his way home on the evening of June 8, 2005. The modus operandi of this case is very similar to that of Wang Dong's murder. He immediately found the prison guard and shouted, the murderer may be the same.
A prisoner can guess from the news, but Nie Haifen, a detective who is also the pre-trial of two cases, did not connect the two cases, which shows that a sense of responsibility can often make up for the lack of ability.
But it's no use, Zhang Gaoping said nothing. Soon he was taken to Shihezi prison in Xinjiang, and his nephew was also taken to Yanqi prison in Xinjiang to serve his sentence.
(8)
Zhang Gaoping didn't lose heart because of this. He still expressed his dissatisfaction with uncooperative attitude. His family also complained everywhere, but it didn't work, and there was even a bigger blow.
On March 3rd, 2006, Nie Haifen, then the captain of the pre-trial brigade of Hangzhou Criminal Investigation Detachment, won the title of "March 8th Red Flag Bearer" in China. This title was awarded by the only policewoman since 1960.
On April 13, 2006, CCTV 12 reported on Nie Haifen, and chose the murder of Uncle Zhang as an argument to prove that Nie Haifen was an impeccable detective.
It is like an iron box. But when you are disappointed and desperate, there will always be a turn for the better, mainly depending on whether you insist or not.
Zhang Gaoping insisted, and later he met a good man-Zhang Biao, the prosecutor of Shihezi, Xinjiang.
It was Zhang Gaoping's unusual uncooperative behavior that attracted Zhang Biao's attention. He thought that Zhang Gaoping knew nothing about the law or was an emotional catharsis, so he met Zhang Gaoping. Zhang Gaoping complained about his dissatisfaction and asked to send a letter of complaint.
It turned out that Zhang Gaoping gave Wang Dong a lift out of kindness. On the morning of May, 2003 19 1: 30, the truck arrived at Hangzhou West Bus Station. Wang Dong borrowed Zhang Gaoping's mobile phone to call relatives and friends. The other party asked Wang Dong to get off the bus and take a taxi to meet him at Qianjiang Third Bridge. Out of kindness, Zhang Gaoping took it to Genqiu overpass. At 2 o'clock in the morning, Wang Dong got off the bus, and the two uncles continued along the Shanghai-Hangzhou Expressway and arrived at the delivery place in Shanghai at 5 o'clock.
Was caught in good faith, sentenced, or planted in the hands of detectives, Zhang Gaoping was not wronged?
But this kind of situation is much more common in Zhang Biao. Although he listened to Zhang Gaoping's complaint for an hour and a half, it didn't make Zhang Biao feel too excited.
(9)
Zhang Gaoping has Andy's perseverance in The Shawshank Redemption. Andy asks the prison for a sum of money with a letter every day. Over the past year, Zhang Gaoping's continuous letters touched Zhang Biao.
In 2008, after five years in Zhang Gaoping, three resident prosecutors of Shihezi Inspection Institute, Wei Gang, Zhang Biao and Gao Chen, began to study Zhang Gaoping's grievances in detail.
He didn't commit the crime within four hours after he entered Hangzhou, but he committed the crime after calling his relatives in Dong Wang? I can't understand love.
Mixed DNA bands were detected at the ends of Wang Dong's eight nails, which were formed by mixing the DNA bands of the deceased and a man, which was inconsistent with Uncle Zhang's DNA identification. And this DNA identification report did not appear in the trial.
Nie Haifen's report, which is good at detail analysis, has seven contradictions in details.
Further analysis shows that there are contradictions in investigation, trial and revision of sentence, which makes people with a little legal knowledge extremely puzzled.
But there is still a long way to go. However, God also helped. In March 2008, Ma Tingxin, who was accused of making a tragedy, was acquitted. Subsequent reports mentioned the name of the perjury jailer-Yuan.
After Zhang Biao's confirmation, this Yuan is really the one who induced Zhang Hui to write down his confession. One of the previous tasks was to go to Hebi, Henan Province to force Ma Tingxin to plead guilty. Now the Henan Provincial High Court has corrected its mistakes.
Yuan was thus confirmed and surfaced. Also let Zhang Gaoping also see the hope.
( 10)
But hope did not turn into victory soon.
Because it was a complaint from a different place, Zhang Biao took a gentle reminder and acted in strict accordance with the procedures. The procedure is as follows:
The resident prosecutor, that is, Zhang Biao and others, lodged a complaint with the procuratorial department of the case, and then the procuratorial department submitted it to the public prosecution department, and then the public prosecution department submitted it to the procuratorial committee, which decided whether to allow the complaint according to the standard of whether the court could revise the sentence.
Almost all units and departments that have an interest in the case are handling it, which is closely linked. Once a link is broken, there is no result. It is conceivable that complaints are difficult to correct.
Not only did Zhang Gaoping's complaint sink into the sea, but even the official letter sent by Zhang Biao and his colleagues in the unit didn't get an answer, which is not difficult to understand.
They once found the phone number of the recipient and called it. The first time I asked if I had received it, and the second time I asked about the handling situation. The other party is vague and seems to blame them for meddling. Later, they heard a firm sentence: "We can't do wrong cases."
If Zhang Biao stops here, we can think that he has done his duty as a prosecutor, which is inconvenient for praise and unnecessary for criticism. But Zhang Biao also did foreign affairs twice, which showed us the spirit of daring to take responsibility and plead for the people. It was these two diplomacy that turned the tables.
( 1 1)
One is that at the end of 20 10, I personally wrote a letter to Chen Yunlong, president of Zhejiang Inspection Institute. The other is to suggest that Zhang Gaoping's family go to Zhu Mingyong, a lawyer who once vindicated Ma Tingxin.
These two things should have worked, but I don't know which is the first and which is the last.
If Zhang Biao's letter played a role first, then people close to the case in Zhejiang's political and legal system said that Zhejiang set up a task force 20 1 1 to investigate the case, which means it is true.
However, lawyer Zhu Mingyong did not find this complaint case in the computer system of Zhejiang High Court, which means that Zhang Gaoping's complaint letter and official letter from Zhang Biao never reached Zhejiang High Court.
Detective Nie Haifen, who was deeply involved in it, elaborated her motto of "Don't let a bad person go, don't wronged a good person" in the program "I am a Party Representative" on July 201KLOC-0/Zhejiang Radio Station, and didn't see any signs of being investigated.
Zhang Biao received a phone call from Shenke, the procurator of Zhejiang High Court, saying that his letter had been received. By the time the materials were put on file for review, it had reached the end of 20 1 1.
Lawyer Zhu Mingyong's role is that he has created a great momentum with the media. 2011121Shanghai oriental morning post reported the case with the title "a rape and murder case without material evidence and no evidence". The next day, the Hangzhou Public Security Bureau conducted a DNA comparison again. The male DNA extracted from the fingernails of the victim Wang Dong was compared with that of the man surnamed Gou who had been executed. The man surnamed Gou was the murderer of college student Wu Jingjing on June 8, 2005.
( 12)
Is it people's reaction or the media? It doesn't matter who comes first. The important thing is that there is no solution to the formal procedure. It is to let the public security personnel who stand behind the sign of "serving the people" correct their mistakes without any solution.
You have to use extreme measure to get a normal result. Only when public opinion is noisy can we do things honestly. What kind of laissez-faire thinking is this?
Anyway, after the efforts of both human feelings and the media, on February 27, 20 12, the Zhejiang Higher People's Court decided to file a case for review.
On March 26th, 20 13, Zhejiang Higher People's Court publicly pronounced the verdict of 5 19 murder, and declared Zhang Hui not guilty.
20 13 On May 7th, Zhejiang Higher People's Court made a decision to compensate Zhang Hui and Zhang Gaoping, which were 1 10 respectively. 573.06 million yuan, * * * 22 1. 146120,000 yuan.
How much is ten years of freedom worth? How much or how much is the compensation? Opinions vary!
Who will bear the responsibility for collective decision-making, leadership approval and superior intervention? How to hit the board? Is it open or nothing? Let it be!
There are still many things to do, but the more important thing is the process of reflection.
( 13)
Compared with Andy, a banker in The Shawshank Redemption, our truck driver is not so smart and didn't think of so many twists and turns, so he can't get a lot of money and freedom by himself. In an American prison, even if he can dig a passage like Andy, it is inevitable that he will be difficult to integrate into society, live without a fixed place and die alone.
But in China, Zhang Gaoping got almost the same as Andy-freedom, money, and even more, which is true, and he is not afraid to turn over the bottom.
They have the same persistence in different countries and achieved almost the same results.
It's just that "The Shawshank Redemption" gives people a sense of accomplishment, just like the feeling that a bird broke free from its cage and flew into the sky. But the story I told gives people a sense of powerlessness under heavy pressure, as if the surging waves are coming, and every wave seems likely to drown people.
Want to go ashore, it's too far from the shore. Trying to grab a piece of wood suddenly reminds me of General Qiao Liang's "extreme war", which even the United States is very afraid of.
Not encouragement, just to prevent people who feel powerless from taking a look at it when they are powerless.