On November 22nd, 21, Zhang Liyong, president of Henan High Court enumerated four major problems in the court system of Henan Province at the video conference on "Promoting trial management and strengthening case evaluation". Problems ",criticizing individual court presidents for" discrediting the party ".
The "four major problems" are: exceeding the trial limit and abusing the right to remand for retrial; Not according to legal procedures, sentencing is extremely light; Perform inaction and chaos; The litigation documents are not standardized.
referring to the case of overdue trial and abuse of the right to remand for retrial, Zhang Liyong said that a case of intentional injury in lingbao city was sent for trial for four years, tried by grass-roots courts and intermediate people's courts for eight times, remanded for retrial for three times and tried for four times beyond the time limit; A court in Zhengzhou tried an administrative dispute case 19 times.
There is a case that Xuchang Intermediate People's Court sent back to Yuzhou City Court for retrial. This case, which was litigated in 1995, is still in the archives of Yuzhou City Court.
referring to the "initiative" of individual courts, Zhang Liyong lamented that "it's a long story". In the case file of dereliction of duty in the Longan District Court of Anyang City, the names of the judge in charge, the collegial panel and the members of the trial committee were not found. After asking the leaders of the Intermediate People's Court for instructions on the case, the judge in charge recorded the opinions of the leaders in charge and even finalized the opinions of the leaders.
A fraud case tried by the Beiguan District Court was also very bizarre. In the case that the facts and circumstances of the crime have not changed, Zhai Mou, the principal of this fraud case, was sentenced to five years' imprisonment at first instance, and was sentenced to 1 years' imprisonment after being sent back for retrial. The principal was sentenced to three years' imprisonment and suspended for five years at the third judgment. " The sentencing differences in the three judgments are so great that it is difficult to explain. "
in some courts, there is the phenomenon of inaction and chaos. Zhang Liyong said that one enforcement case had not been implemented for 22 years.
nonstandard litigation documents are also one of the problems. A typical example is that a judgment of an intermediate court is not even stamped with the official seal of the court.
On normal working days, many people in the court don't go to work, and there are such things. Zhang Liyong said that the unannounced visit team went to a county court for a few days and found that few people went to work.
"When you are the president of the court, you are elected by the people, and the people have high expectations of you. The corpse is vegetarian (corpse: waiting for nothing, not doing your duty; Zhai: eating and drinking for nothing is nothing. "Zhang Liyong said, so many parties petitioned," are you responsible? Did you perform your duties? No one else can enter the toilet you occupy! "
2. Zhang Liyong: The lifelong accountability system for misjudged cases will be implemented in Henan that month
On the afternoon of March 12, 212, the plenary session of the Henan delegation of the Fifth Session of the Eleventh National People's Congress deliberated the reports of the two houses of the National People's Congress, and Zhang Liyong, president of the Provincial High Court, said
hot spots
" Whoever handles the case will be responsible for life "
. "Zhang Liyong suggested that the accountability mechanism of misjudged cases should be further improved, the identification standards and accountability procedures of misjudged cases should be unified, and a lifelong accountability system for misjudged cases should be established." Whoever handles cases will be responsible for life. ".
Zhang Liyong believes that correcting misjudged cases will not only damage the authority of the judiciary, but also enhance the credibility of the judiciary and gain more understanding and support. "You can't be like an ostrich, knowing that there are problems, but pretending that there are no problems."
Zhang Liyong revealed that the Higher People's Court of Henan Province will issue this system as soon as the end of this month. In the future, even if the respondents have retired, they will still be investigated by the organization. Those who are clearly identified as misjudged cases will be held accountable. "Whoever uses the right will be responsible for life. "
Talking about the case of sky-high charges
The Provincial High Court handled the" Proposal "without exceeding its authority
After the case of sky-high charges was exposed, the Henan Provincial High Court immediately intervened and held it accountable. In January this year, the post of assistant to the presiding judge was removed and transferred from the trial post, and the president of the criminal court was removed from office.
The efficiency of error correction of higher courts is well received, but some people question that higher courts intervene in the personnel and management of lower courts.
Zhang Liyong said in an interview with reporters after the group discussion that the Provincial High Court did not exceed its authority, and the decision on the handling of judges and presidents was made by Pingdingshan Intermediate People's Court, and the Provincial High Court was only a "suggestion".
On the Zhao Zuohai case
"Presumption of guilt" affects the trial
"Presumption of innocence" is a principle clearly stipulated in China's Criminal Procedure Law, but for a long time, the most influential thing is "Presumption of guilt." Presumption of guilt ". Zhang Liyong said: "Take the case of Zhao Zuohai as an example, because Zhao Zuohai confessed to murder nine times in the case file provided by the prosecution, the judge thinks that Zhao Zuohai killed people without doubt, and both Zhao Zuohai's confession retraction and innocence defense are regarded as sophistry and ignored. This is the presumption of guilt ".
Zhang Liyong said that although the case was dealt with promptly and decisively, and good social effects were achieved, the concept of presumption of guilt should be eradicated after learning from a painful experience and summing up reflection.
Recommendation 1. The defendant should sit next to the defender.
Zhang Liyong suggested that the fight against crime and the protection of human rights should go hand in hand, and the defendant and the defender should be allowed to sit in on the trial together and take notes with paper and pencil.
Zhang Liyong said that the Henan Provincial Court is studying the above suggestions and considering trying them out as soon as possible.
recommendation 2: strengthen the building of a clean and honest party style. Strengthen the construction of party style and clean government in the court system
Suggestions 3. Pilot work of people's jurors in Henan Province.