Zhang Yuhuan applied for state compensation of more than 22.34 million yuan: he cared more about restoring his reputation than economic compensation

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 Zhang Yuhuan applied for state compensation of more than 22.34 million yuan: he cared more about restoring his reputation than economic compensation


Twenty eight days after his acquittal, Zhang Yuhuan filed an application for state compensation of 22343129 yuan.

At the same time, Zhang Yuhuan asked Jiangxi Provincial High Court to publicly apologize to him and restore his reputation on CCTV, peoples daily, Jiangxi Daily and other national, provincial and municipal media, so as to eliminate the negative impact of the wrong judgment.

A staff member of the Publicity Department of Jiangxi Provincial High Court told the Beijing news that Zhang Yuhuans application for state compensation was still on file and there was no further progress.

We, especially Zhang Yuhuan himself, think that this is a reasonable appeal. Cheng Guangxin, Zhang Yuhuans lawyer, told the Beijing news that the current amount of compensation application is based on the case of Zhang Yuhuan itself, and comprehensively compares the compensation situation of the same type of unjust cases in Jiangxi Province and other provinces, and finally decides.

According to the application, a total of 22.34 million yuan in economic compensation applications, the amount of personal freedom compensation is equivalent to that of spiritual damage, totaling more than 20 million yuan.

In terms of personal freedom compensation, Cheng Guangxin explained that according to the current laws and regulations, courts at all levels should implement the daily compensation standard of 346.75 yuan when they handle state compensation cases as compensation obligation organs. The standard is based on the latest average daily wage of non private employees in urban areas. Zhang Yuhuan, in combination with his own situation, requires the court to triple the national standard of daily compensation The above amount is obtained.

Freedom is the highest value. State compensation should match the value attribute of freedom, and the compensation standard should follow the principle of being high. Cheng Guangxin said that the state compensation can not set the value of freedom of the party as the wage value of ordinary members of the society under the state of freedom, because the legal working time corresponding to the average daily wage of ordinary workers is not more than 8 hours a day. The party involved in the case of injustice is restricted in personal freedom 24 hours a day, 365 days a year, three times the legal working time, and the partys physical and mental well-being If the average daily wage is taken as the standard to calculate personal freedom compensation, it is obviously unreasonable and unfair.

Cheng Guangxin said that according to the current policy, the amount of spiritual compensation should not exceed 35% of the total amount of personal freedom compensation and life and health compensation determined by the state compensation law. However, according to public information, in recent years, the proportion of spiritual compensation has exceeded 3 For example, in Liu Zhonglin case and Jin zhehong case, the proportion of compensation for mental damage and personal freedom is 75%.

Compared with the case of Zhang Yuhuan, Cheng Guangxin believes that Zhang Yuhuan is the one who has lost his freedom for the longest time in China. He and his family have suffered humiliation and discrimination under the charge of murderer (family member) for many years. Zhang Yuhuan failed to fulfill the filial piety of the son, the righteousness of the husband and the responsibility of the father, which made him still live in regret after he was acquitted. Moreover, the investigators have not been held responsible, and Zhang Yuhuans mental damage has not been compensated in any form.

Therefore, Zhang Yuhuan proposed to request the court to pay his spiritual damage consolation money according to the same amount of personal freedom compensation.

In addition to the above two compensation applications, the application showed that Zhang Yuhuans right foot was severely deformed, his back was serious, he was unable to walk normally and lost his ability to work due to wearing restraint equipment for a long time, and he needed treatment and correction in the future. In addition, he spent a large amount of transportation expenses for his friends and relatives in Beijing for about 30000 yuan in recent years. Therefore, Zhang Yuhuan also asked the court to pay him 1 million yuan of compensation for infringement of the right to health and subsequent treatment fees, and 1 million yuan of reasonable expenses for redressing grievances.

On the evening of September 1, more than ten hours before the formal submission of the state compensation application to the court, Cheng Guangxin again agreed with Zhang Yuhuan on the content of the application. In his communication with Zhang Yuhuan, he found that Zhang Yuhuan did not care as much about the final amount of compensation as the outside world thought. What he thought was that the court could publicly apologize and restore his reputation He cares about it

Zhang Yuhuan: it will take five or six years to adapt to the society

On September 1, Zhang Yuhuan and his son, Zhang Baogang, arrived in Nanchang from their hometown of Jinxian one day in advance, waiting for the next day to submit the national compensation application.

After discussing with my elder brother, I decided that he would continue to earn money to support his family, and I would stay in my hometown to take care of my father for the time being. Zhang Baogang told reporters.

After living with several relatives for a few days, Zhang Yuhuan returned to the rental house in the county. In his words, this is an old residential building with an area of about 140 square meters. It has two bedrooms, one living room and one bathroom. The monthly rent is 1000 yuan. He and Zhang Baogang live in a family of four. It feels OK.

At night, he likes to sleep in a bed with his grandson, but he still suffers from insomnia left in prison. I fell asleep at 12 oclock and woke up at more than 3 oclock in the morning.

If he cant sleep, he will take out his mobile phone and fiddle with it. This is a gift from his ex-wife song xiaonu after he is out of prison. However, in addition to answering and making phone calls, he has not mastered any functions, is random point, point out what to see. He would get up at 6 oclock. After washing, cleaning the house became one of the few things he could do for his family. He couldnt cook because he couldnt use the gas stove.

He did not dare to go out alone. He would get lost unless he was led by his son. Zhang Yuhuan said that his son had taken him several times along the road near the community, but as long as his son let go of his hand and let him walk alone for a while, he would still lose his way.

He is still more afraid of society. Zhang Baogang felt that his fathers progress in adapting to society was very slow. Walking on the road, his father has not yet been able to learn the traffic rules, cant read the traffic lights, cant understand one-way street, encounter a big car passing by, he will be scared to pinch his hand, pinch him pain do not know.

(function(){( window.slotbydup=window .slotbydup||[]).push({id:u5811557,container:ssp_ 5811557, async:true }Yesterday, he accompanied his father to Nanchang on the high-speed railway. Seeing the high-speed railway passing by, he found that his father was scared like a rabbit. But he knows that his father is also trying to adapt to this society, for example, when people buy things, people will give him something, and he feels that there are still many good people in the society, and he is very grateful. Zhang Yuhuan doesnt know what he can do in the future. Hard work is hard work. To adapt to this society, I estimate it will take five or six years, he said Source: Tao Ying, editor in charge of Beijing News_ NB5793

But he knows that his father is also trying to adapt to this society, for example, when people buy things, people will give him something, and he feels that there are still many good people in the society, and he is very grateful.

Zhang Yuhuan doesnt know what he can do in the future. Hard work is hard work. To adapt to this society, I estimate it will take five or six years, he said