Zhang Yuhuan talks about 22.34 million yuan state compensation: no one is willing to exchange 27 years for 10 million yuan

 Zhang Yuhuan talks about 22.34 million yuan state compensation: no one is willing to exchange 27 years for 10 million yuan

On August 4, the Jiangxi Higher Peoples court annulled the original judgment and declared Zhang Yuhuan innocent with unclear facts and insufficient evidence. Since October 27, 1993, Zhang Yuhuan has been detained for 9778 days, which is the longest time in custody in public reports.

Zhang Yuhuan submitted the state compensation application to Jiangxi Higher Peoples court.

Constitution of state compensation of more than 22.34 million yuan

The amount of state compensation applied by Zhang Yuhuan mainly includes five parts: personal freedom compensation, health right compensation and follow-up treatment fee, spiritual damage Consolation Fund and reasonable expenses for redressing grievances in recent 27 years, with a total of 22343129 yuan.

The details are as follows: compensation for infringement of personal freedom: RMB 10171564.5; compensation for infringement of health right and follow-up treatment fee of RMB 1 million; compensation for mental injury of RMB 10171564.5; reasonable expenses of relatives and friends for redressing his grievances in recent 27 years (including transportation expenses, communication expenses, accommodation expenses, data fees and expenses incurred by the petitioners close relatives to report their situation in Beijing, Nanchang and other places for several times, and for complaints and complaints Cost of work lost, etc.).

It is reported that Chinas state compensation for criminal cases mainly consists of compensation for infringement of citizens personal freedom, compensation for infringement of citizens right to life and health, and compensation for spiritual damage. Among them, compensation for infringement of personal freedom and compensation for personal injury have clear calculation standards; the compensation standard for spiritual damage is flexible.

Surveillance video of the trial scene, Zhang Yuhuan in the middle of the upper left

The compensation for personal freedom should be 3 times of the national standard of compensation

Article 33 of the State Compensation Law of the peoples Republic of China stipulates that if a citizens personal freedom is infringed upon, the daily compensation shall be calculated according to the average daily wage of the staff and workers of the state in the previous year. The National Bureau of Statistics announced on May 15 that the average daily wage of employees in 2019 will be 346.75 yuan. According to this algorithm, Zhang Yuhuan can apply for personal freedom compensation: 346.75 u00d7 9778 = 3390521.5 yuan.

As to why the compensation for personal freedom is required to be three times that of the national standard, Zhang Yuhuan pointed out in his application for state compensation that the free value of the party concerned cannot be set as the wage value of ordinary members of the society in a free state. The legal working time corresponding to the average daily wage of employees is no more than 8 hours per day, while the claimant of compensation is limited to personal freedom 24 hours a day for 365 days a year, which is three times the labor time.

There is a big gap between the amount of compensation and the actual amount

Legal experts point out that in recent years, there is a gap between the huge amount of criminal state compensation parties and the compensation decision made by the compensation obligation organs. Moreover, the difference in the amount of criminal state compensation in various provinces is large, which is mainly reflected in the compensation for spiritual damage and the compensation fee, which is related to the financial expenditure of the compensation obligation organ, the cognition of the wronged and the degree of sympathy of

The news reporters from Shangguan found that:

In 2019, Jin zhehong, a Jilin man who was wrongly shut down for 8452 days, received 4.68 million yuan of state compensation. Although the amount of compensation set a new record, it was only one fifth of the compensation amount of more than 21.32 million yuan he applied for.

Li Jinlian, a Jiangxi man who also applied for state compensation of more than 20 million yuan, filed state compensation totaling more than 41 million yuan to Jiangxi Higher Peoples court after being wrongly detained for 7147 days and acquitted. Finally, the Jiangxi Provincial High Court decided to pay Li Jinlian a state compensation of 2.93 million yuan.

In 2019, the higher peoples Court of Jilin Province awarded state compensation of 4.6 million yuan to Liu Zhonglin, who had been detained for 25 years and 3 months for intentional homicide, including more than 1.97 million yuan for spiritual damage. Although the amount of compensation was lower than the 1667 yuan compensation he applied for, Liu Zhonglin was the longest wronged person in custody in public reports at that time, so the total amount of state compensation and the amount of mental damage finally obtained still set the highest value of redressing unjust cases at that time.

In 2016, Hainan Higher Peoples court decided to pay more than 2.75 million yuan of state compensation to Chen man, who was wrongly closed for 8437 days. It is reported that Chen man has submitted a state compensation application of more than 9.66 million yuan to Hainan high court. Although there is a gap between the compensation and the amount applied, Chen man still accepted.

In 2015, Fuzhou intermediate peoples Court of Fujian made a state compensation decision on the compensation case of nianbins acquittal in the second instance according to law, and paid 1.139 million state compensation. In December 2014, nianbin, who was acquitted, applied to Fuzhou intermediate peoples court for state compensation, demanding compensation of more than 15 million yuan.

Zhang Yuhuan was interviewed by reporters in his hometown of Jinxian in Jiangxi Province. Photo by Wang Qian

The compensation standard of spiritual solace is flexible

It is reported that at the beginning of the State Compensation Law in 1994, there was no provision for solace for mental damage. It was not until the state compensation law was revised for the first time in 2010 that the compensation for mental injury came into the vision of the legislature. The revised national compensation law, which came into effect since 2013, has included compensation for mental damage into the scope of legal compensation for the first time: if it causes mental damage and causes serious consequences, it shall pay corresponding consolation money for mental damage.

With regard to the compensation standard for mental damage, the opinions of the Supreme Peoples Court on Several Issues concerning the application of mental damage compensation to the compensation committee of the peoples court in handling state compensation cases (Fa [2014] No. 14) issued in 2014 stipulates that in principle, the amount of spiritual solace shall not exceed 35% of the total amount of personal freedom compensation and life and health compensation, and the minimum amount shall not be less than 1000 yuan.

However, Shangguan journalists have found that in recent years, the standard of compensation for mental injury is flexible. For example, in recent years, in a number of similar state compensation cases, the proportion of consolation money for mental damage has exceeded 35%. For example, among the 4.6 million yuan state compensation obtained by Liu Zhonglin, the amount of consolation money for mental damage is as high as 1975551.42 yuan. Among the 4.68 million yuan of state compensation, Jin zhehong got 2009675.12 yuan for mental injury. In the two cases, the proportion of compensation for mental injury and personal freedom reached 75%.

However, among the 2625961 yuan of state compensation awarded to Wu Chunhong in the case of Henan civil rights poisoning, only 680000 yuan of mental damage compensation and 35% of personal freedom compensation were awarded. For this decision, Wu Chunhong and her family feel that the compensation for mental damage is too low. On August 13, Wu Chunhong submitted an application for reconsideration of state compensation to the Supreme Peoples court.

On the afternoon of August 7, Zhang Yuhuan and his family took photos of the whole family. Photo by Wang Qian

Review of Zhang Yuhuan case

On October 24, 1993, Zhang Zhenrong and Zhang Zhenwei, boys in Zhangjia village, Huangling Township, Jinxian County, Nanchang City, Jiangxi Province, were killed and their neighbors, Zhang Yuhuan, were identified as suspects by the police. On January 26, 1995, the first instance judgment of Nanchang intermediate court found that Zhang Yuhuan killed two neighboring boys and threw their bodies in the reservoir by means of hand card, rope and stick. He was sentenced to death with a two-year suspension of execution.

Zhang Yuhuan appealed against the verdict. On March 30, 1995, Jiangxi high court decided to cancel the original judgment and remand it for retrial on the grounds of unclear facts and insufficient evidence. On November 7, 2001, Nanchang intermediate peoples court decided again that the basic facts of the case were clear and the basic evidence was sufficient, and made a judgment with the same result as the original judgment of the first instance. Zhang Yuhuan still refused and appealed again. On November 28, 2001, Jiangxi high court made a final ruling: rejected the appeal and upheld the original judgment. After being jailed, Zhang Yuhuan insisted on complaining. Until August 4 this year, Jiangxi high court adjudicated the case again and finally declared Zhang Yuhuan innocent.

In 2019, Jiangxi Higher Peoples court made a retrial decision to retrial the case and held a public hearing on July 9 this year. On August 4, Jiangxi Provincial Higher Peoples court adjudicated Zhang Yuhuans intentional homicide case again, and the court finally declared Zhang Yuhuan innocent by the facts are not clear and the evidence is insufficient in the original trial. After the verdict was pronounced, the responsible person of Jiangxi Higher Peoples court apologized to Zhang Yuhuan on behalf of the court and informed him that he had the right to apply for state compensation.

Zhang Yuhuan has been in custody for 9778 days since he lost his freedom on October 27, 1993. He is the longest time in custody in public reports.

Related news

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.

Lawyer: compared with financial compensation, Zhang Yuhuan cares more about the restoration of his reputation

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.

Normally, no one is willing to exchange 27 years of freedom for five or ten million dollars. Zhang Yuhuan said in the application.

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%.

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

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

On August 4, Zhang Yuhuan and his family took a group photo. From left to right, Zhang Yuhuans eldest brother, third younger brother, Zhang Yuhuan and second son Zhang Baogang were in turn, with his mother in the middle. Photo by Zhang shengpo, reporter of Beijing News

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

It has been nearly a month since Zhang Yuhuan was acquitted. His eldest son, Zhang Baoren, and his ex-wife, song xiaonu, have returned to Fujian to continue their respective lives. Since August 13, he and his second son Zhang Baogang have rented a house in Jinxian county.

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.

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.

Yesterday, he accompanied his father to Nanchang on the high-speed railway. Seeing the high-speed railway roaring past, he found that his father was scared like a rabbit.

(function(){( window.slotbydup=window .slotbydup||[]).push({id:u5811557,container:ssp_ 5811557, async:true }Source: Shangguan news editor: Li Chao_ NB12814