Whether to start the prosecution of Zhang Yuhuan case? Deputy Secretary of the county political and Legal Committee: not in my charge

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 Whether to start the prosecution of Zhang Yuhuan case? Deputy Secretary of the county political and Legal Committee: not in my charge


Jinxian County procuratorate office staff said that it is not convenient to accept the interview.

On August 8, under the arrangement of his two sons, Zhang Yuhuan left the old house of Zhangjia village with his daughter-in-law and nine grandchildren, and moved into a three bedroom rented by the county for 1000 yuan, ready to live temporarily for a period of time. Over the past few days, in an interview with the media, he repeatedly reiterated that during the investigation of the case, he was subjected to severe torture by the investigators. He expressed the hope that the relevant departments can start to pursue responsibility, we must investigate the criminal responsibility of these investigators.

The surging news noted that when the retrial of the case was held on July 9, Zhang Yuhuan told the details of his confession by torture and reported the name of the police officer handling the case.

Wang Yihua said that at present, a lot of information about Zhang Yuhuans case has been released to the public. Relevant departments and Zhang Yuhuans lawyers are also helping them do some service work. Because Zhang Yuhuan has been detained for too long, the local Party committee has helped him return to society. Now we are doing some pacification work. One is that we should ask volunteers to help with psychological counseling, and at the same time, let Zhang Yu Huans children and grandchildren helped him to adapt. This man has just come out and cant be seen like a monkey in a zoo, can he?

As for Zhang Yuhuans previous proposal that the local government would help him solve the housing problem, Wang Yihua said that according to the rural dilapidated housing transformation policy, relevant functional departments would connect with rural cadres and Zhang Yuhuan himself and declare.

Xu Wenhai, columnist of observer.com

Since the 18th National Congress of the Communist Party of China in the second half of 2012, in 2013, the central political and Legal Commission, the Supreme Peoples court, the Supreme Peoples Procuratorate and other units have issued a series of documents to prevent and investigate unjust, false and wrong cases. Since then, a large number of redress of unjust, false and wrong cases have been reported and aroused widespread concern and response from the society.

1u3001 State compensation

Article 33 of the State Compensation Law stipulates that if a citizens personal freedom is violated, the daily compensation shall be calculated according to the average daily wage of the staff and workers of the state in the previous year. As the compensation standard, the average wage of the previous year (2019) has been issued by the Supreme Peoples court in combination with the Statistics Bureaus data in May, with a daily average of 346.75 yuan. Therefore, the compensation for infringement of personal freedom can be claimed as 3390521.50 yuan (346.75 yuan / day * 9778 days).

In addition, according to Article 7 (2) of the Supreme Courts opinion on compensation for mental damage, the compensation committee of the peoples court shall also pay attention to embody the nature of Consolation prescribed by law when determining the specific amount of solace for mental damage. In principle, it shall not exceed 3% of the total amount of compensation for personal freedom and life and health determined in accordance with articles 33 and 34 of the state compensation law 15u3001 The minimum is not less than 1000 yuan. In principle, the compensation for mental damage is within 118668253 yuan. Therefore, a total of 45772.403 million yuan of compensation appeared in the previous report of observer network.

However, based on the previous national compensation for several unjust and false cases after the Supreme Courts opinion was issued in 2014, the mental damage compensation in Nie Shubin case was 1.3 million, with a total compensation of 26813991 million; the spiritual damage compensation in Liu Zhonglin case was 197555142 million yuan, with a total compensation of 4.6 million yuan; the spiritual damage compensation in the nianbin case was 550000 yuan, with a total compensation of 1139000 yuan.

From these compensation cases, we can clearly see that the amount of compensation for mental damage is far higher than 35% of the total amount of personal freedom compensation and life and health compensation, and even close to the same degree as the previous paragraph, which does not include the possible existence of similar subsidies for living difficulties in Zhao Zuohai case (150000 in Zhao case). Therefore, the total amount of compensation for Liu Zhonghuans detention in the period of 250000-600000 years can reach by analogy.

Of course, the state compensation can only make a little compensation for his legal innocence, and what he expects more should be the criminal accountability of the investigators at that time.

2u3001 Criminal prosecution

However, from the actual situation, among the 27 people who were dealt with in the case, except Feng Zhiming, the deputy director of the New District Public Security Branch of Hohhot Public Security Bureau, who was suspected of job-related crimes, was dealt with separately according to law. The rest 26 people in the public security organs and law system were only subject to inner-party or administrative sanctions, such as serious inner-party warning, inner-party warning and administrative record of major demerit, and quite a few of them were punished for drinking three times The feeling of the cup. Moreover, Feng Zhiming, the only criminal punishment, was not punished because of the case of huge, but because he took bribes and the source of his huge property was unknown. Read the original