The chief judge of Majiajue case was indicted for intentional homicide. He participated in the trial of sun Xiaoguo case 22 years ago

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 The chief judge of Majiajue case was indicted for intentional homicide. He participated in the trial of sun Xiaoguo case 22 years ago


According to the decision of Yunnan High Court on designated jurisdiction (No. 228, 2020), Yunnan high court appointed Yuxi middle court to try the case of Dao Wenbing, the defendant who was indicted by Yuxi municipal procuratorate. The charges involved included intentional homicide, concealment and concealment of the crime, and illegal possession of ammunition. According to his resume, Dao Wenbing was born in Kunming City, Yunnan Province in July 1969; graduated from the law department of Southwest University of political science and law in July 1991, he entered Kunming intermediate peoples court and engaged in criminal trial; in October 2000, he was elected chief judge of Kunming intermediate peoples court; successively served as deputy chief judge of trial supervision court of Kunming intermediate peoples court; deputy director of executive bureau of Kunming intermediate peoples court.

In February 2004, Ma Jiajue, a student at Yunnan University, killed four people in a row in his dormitory, which shocked the whole country. At that time, Dao Wenbing, who served as vice president of the first division of the criminal trial division of the middle court of Kunming, was the chief judge of Ma Jiajue. On April 24 of that year, Ma Jiajue was sentenced to death in the first instance, deprived of political rights for life.

According to the surging news, in February 1998, Dao Wenbing participated in the trial of sun Xiaoguos rape, intentional injury, and forced indecent assault on women; in 2019, Dao Wenbing was brought to justice for his involvement in underworld and duty-related crimes, and was prosecuted by Yuxi municipal procuratorate in June 2020.

Ma Jiajue trial judge Dao Wenbing was charged with murder and other charges, and was removed from his post as a judge in June this year

On October 21, a decision on designated jurisdiction published by Yunnan Provincial High Court was circulated on social media: Yunnan High Court (2020) Yunxing jurisdiction No. 228 Criminal Decision decided to appoint the Yuxi City middle school according to laws and regulations in the case of the defendant Dao Wenbings intentional homicide, concealment and concealment of the crime, and illegal possession of guns and ammunition, which was initiated by Yuxi peoples Procuratorate Peoples Court of the peoples Republic of China.

In February 2019, Dao Wenbing participated in the activity as deputy director of the Executive Bureau of Kunming intermediate peoples court. Photo source: Kunming intermediate peoples Hospital

Upstream news (micro signal: shangyounews) reporter learned that Dao Wenbing, the defendant in this case, once served as deputy director of the Executive Bureau of Kunming intermediate peoples Court of Yunnan Province, vice president of the trial supervision court, judge and other posts, and was also the chief judge of Ma Jiajues homicide case, which caused a sensation all over the country.

Upstream news reporters noted that on June 30, this year, on the day when the Yunnan Provincial Higher Peoples court made the decision to designate jurisdiction, the second plenary session of the 28th session of the Standing Committee of the 14th Kunming Municipal Peoples Congress voted on a number of personnel appointment and removal matters, including the removal of Dao Wenbing from the post of judge of Kunming intermediate peoples court.

It is understood that Dao Wenbing was born in Kunming City, Yunnan Province in July 1969. He graduated from the law department of Southwest University of political science and law in July 1991. Later, he entered Kunming intermediate peoples court and engaged in criminal trial. He once served as deputy chief judge of the trial supervision court of Kunming intermediate court. During this period, Dao Wenbing served as the chief judge and delivered the first instance judgment on Ma Jiajues intentional homicide case. Since 2018, Dao Wenbing served as deputy director of the Executive Bureau of the Kunming intermediate peoples court, and later participated in public affairs as deputy director of the executive bureau. Until June 30, this year, he was removed from the post of judge of Kunming intermediate peoples Congress.

The upstream reporters learned that knives and soldiers also involved criminal activities such as gangland criminal organization.

Ma Jiajue incident: on February 23, 2004, four corpses were found in dormitory 317, building 6, Dingxin student apartment, Yunnan University. The dead were all students of biotechnology major of Grade 2000 in school of life sciences of Yunnan University. Subsequently, the Ministry of Public Security issued a arrest warrant for class A, offering a reward of 200 thousand to Ma Jiajue, a criminal suspect. According to Ma Jiajues confession, the cause of the murder was a dispute over playing cards. This case has attracted the attention of all walks of life because the perpetrator is a college student with humble origin and cruel means.

Ma Jiajue incident

On February 23, 2004, in Dingxin campus of the school of foreign languages of Yunnan University, a student apartment gave off a strange smell. After searching, the dormitory administrator found that the cabinet in room 317 of building 6 was abnormal, and then called the police.

After the police arrived at the scene, they found four male corpses hidden in the cabinet. After investigation, the four male corpses were the missing biology students of Yunnan University: Yang kaihong, Shao Ruijie, Gong Bo and Tang Xueli.

The suspect was directly targeted as Ma Jiajue, who had been missing for several days at that time. After that, he issued the highest level wanted order in the country, offering a reward of several hundred thousand yuan for clues.

On March 15, Ma Jiajue, who had been on the run for a month, was captured in Sanya. At this time, in order to hide peoples eyes, he mingled with vagabonds and rummaged in the garbage heap for food to make a living.

Ma Jiajue was born in an ordinary family in Binyang, Guangxi. Because of his poor family background, Ma Jiajue was the eldest in the family. He had three brothers and sisters under him. Although the grades were good, they all chose to drop out of school because of poor family. Ma Jiajues score was very good. In 2000, he was admitted to the biotechnology major of the school of biochemistry of Yunnan University. His parents pieced together the tuition and living expenses.

As the hope of the whole village, because there were no college students in the village at that time. It was such an example that he killed four people in Yunda dormitory in 2004, which caused a nationwide sensation of Ma Jiajue incident.

The four victims are Shao Ruijie, Tang Xueli, Gong Bo and Yang kaihong. As for why we should be cruel to kill the heart, the reason really is that people did not think. Because of the winter vacation in 2004, Ma Jiajue didnt go home because of working, so he stayed at school to stay. At that time, Shao Ruijie and Tang Xueli returned to school early, and then they played cards in the dormitory when they were bored.

Because in Ma Jiajues opinion, Shao Ruijie is actually his best friend, and they are usually inseparable. Moreover, Ma Jiajue has no friends in school. Shao Ruijie is his best friend. I didnt expect that his good friend should look at him like this, so he killed his heart.

Originally, his plan was to kill Shao Ruijie and Gong Bo, because he thought Gong Bo looked down on him. But at that time, Tang Xueli was just sleeping in his dormitory, which hindered his killing plan, so he also killed him. As for Yang kaihong, at that time, he went to the dormitory to find someone. Ma Jiajue was afraid that things would come to light, so he also killed him.

But at that time, Ma Jiajues dormitory still had a person in it. Because the holiday was not over, not many people came back. And Lin Feng happened to be there, but he didnt hinder Ma Jiajue. In addition, Lin Feng once helped Ma Jiajue eat when he was ill. Maybe he read the kindness of this time, and Lin Feng escaped. The 317 dormitory of Yunnan University has been sealed up so far, and no one dares to live in it. The case of Ma Jiajue also reminds us constantly.

Previously reported:

CCTV face to face: Interview with judge Dao Wenbing of Majiajue case [broadcast on June 12, 2004

---->A terrible name

Swordsman: he doesnt belong to the kind of publicity, mania, not the one with a very violent tendency

A murder case that shocked the whole country

An unusual trial experience

Dao Wenbing: you must obey the law. If you violate the law, you are not a judge

Face to face interview with Dao Wenbing, chief judge of Majiajue case

Interpretation of the story behind the case

Dao Wenbing, a Hui nationality, was born in Kunming, Yunnan Province in July 1969.

Ma Jiajue, chief judge of intentional homicide.

He graduated from the law department of Southwest University of political science and law in July 1991 and entered Kunming intermediate peoples court to engage in criminal trial.

In October 2000, he was elected as the chief judge of Kunming intermediate peoples court.

In January 2002, he was appointed Vice President of the first criminal trial court of Kunming intermediate peoples court.

Reporter: do you have any special measures for such a case?

Reporter: is there anything different from other cases in your attitude and preparation.

Dao: after we accepted this case, because after all, there are factors of concern in this case. We think that the case should be treated as an iron case, and the case should be tried well according to the standard of iron case.

Reporter: do you mean other cases can not be ironclad?

Dao: No, I mean, because of the special circumstances of this case. After all, it needs a more fair and objective statement to face the whole country, or even more people who are concerned about this case. It does not mean that we should pay attention to this case, and other cases do not. Our procedures and our work are actually the same.

Explanation: on February 23, 2004, four corpses were found in the dormitory 317, building 6, Dingxin student apartment, Yunnan University. All the dead were students of biotechnology, Grade 2000, School of life sciences, Yunnan University. Subsequently, the Ministry of Public Security issued a arrest warrant for class A, offering a reward of 200 thousand to Ma Jiajue, a criminal suspect.

Ma Jiajue and four of the dead were classmates. They lived in dormitory 317. They had disappeared before the crime. According to the bank video, before the disappearance, he used to withdraw money from the bank with the victims savings card.

Reporter: when you didnt take over the case, did you pay attention to it.

Dao: I should say I have paid attention to it. This concern is more from the media and news reports. It is about this aspect that we still know something about the early reports of Ma Jiajues case.

Reporter: what was the impression at that time?

Reporter: when did you get involved in this case?

Dao: after the case was brought to our intermediate court, we intervened in this case on April 7th.

On March 15, Ma Jiajue was arrested in Sanya, Hainan. In the early morning of the 17th, he was taken back to Kunming. On April 7, the Kunming Municipal Peoples Procuratorate indicted Ma Jiajue for intentional homicide. The Kunming intermediate peoples court began to hear the case, and Dao Wenbing served as the chief judge.

Reporter: Why did you choose to judge this case?

Dao: since I joined the intermediate court in 1991, I have been working in the first instance Department of criminal justice. I have participated in the trial of some cases that may be local or have some influence. I may have some experience and accumulation in this respect. Therefore, at this time, the leaders of the court also think that I am competent for this work and can try this case well So I was sent to the trial, which was a pressure for me.

Reporter: what kind of pressure is there when you take over?

Dao: I think this case should be dealt with, because it has a high degree of concern. If this case is not handled well due to my negligence in the trial, or some problems that should be identified or identified, which lead to the case not being handled well, I may personally feel that I have a heavy responsibility and a great responsibility.

Reporter: it seems to ordinary people that although this case has a great impact, the case is not complicated. What are the difficulties?

Dao: as far as the facts of the case are concerned, there should be no more difficult problems. It may be that there may be more defenders involved in the whole process of the trial. He wants to protect the legitimate rights and interests of the accused. Maybe he has some problems or some procedural matters to the court. At this time, the court should also consider it Whether there are facts and legal basis, when we decide on this issue, I am afraid that it will have a certain impact on the conviction or sentencing of the defendant.

Reporter: is it necessary for ordinary people to see the sentencing?

Its a common saying that killing with a knife never pays for ones life. However, from the perspective of judicial practice, intentional homicide or intentional injury all lead to death. In terms of the final result, there are still many cases that are not sentenced to death penalty, because when we are considering the defendant, deciding the defendants sentence and sentencing, our court may consider more, one is the defendants At the same time, the degree of his crime and the possible consequences of his crime are considered.

Reporter: what was his first impression on you? Was there any difference between the first time you saw him and the one you imagined?

Dao: there is still a big difference, because in the early stage, the more intuitive photos of him published in the news reports and the wanted notices, and the vicious photos of him, seem to belong to that kind of person who is really hateful and heinous. However, after the case came to the court, when we contacted the defendant directly, we felt that he was still like a student, indeed, a student. He was also introverted. He was not a very aggressive and manic person, not a very violent one. He also knows how to contact and communicate with you in a polite way. He feels that the cultural quality of this person is not bad.

Reporter: is thinking clear and normal?

Dao: I think clearly. He should say that his logic is still relatively strong, and his mode of thinking is relatively normal. There will be no jumping in his thinking mode, which is contrary to ordinary people.

Reporter: but when you refuse to hire a lawyer, is this a normal behavior? Is it beyond your expectation?

Dao: This is no surprise. He did feel sorry for the victim and his family, and he refused to defend him because of his desire to die.

Reporter: I heard that during this period, his father asked himself to hire a lawyer?

Dao: Yes, after our court accepted the case, the defense lawyer entrusted by his father also came to our court for some understanding. At that time, Ma Jiajue himself, he refused to entrust any defender for him, including his family members. He doesnt care what kind of way these defenders take, whether its free or other things. We explained these things to this defender at that time. This is not that the court refuses your defender to defend him, it is his own will and does not ask you to defend him.

Reporter: finally, you appointed a lawyer to provide him with legal aid.

Dao: Yes.

Dao: it is to tell him that if only one of you has no defense for you during the trial in court, in fact, you should be vulnerable in the court proceedings, because you have not received other aspects of legal expertise, and defend and defend your legitimate rights and interests. You do not have such support. But in other ways, such as the prosecution, and the injured litigation agent, in some ways, it should be a strong group in the court trial. It was indeed unfair to him throughout the proceedings.

Reporter: even if you entrust lawyers, what can you do?

Dao: the duty of a defender is to safeguard his legitimate rights and interests on the basis of facts and laws. It is not to say that, as he (MA Jiajue) imagined, he could argue and speak freely about the role of the defender. After he said it casually, he might be able to be lenient, or come out and be acquitted There are some misunderstandings about this. But he also explained to him. After listening to the explanation, he felt that he could really understand and accepted this view.

Prosecutor: then why do you want to kill these friends?

Ma Jiajue: I cant think of it because of my anger.

Ma Jiajue: I hate them after quarreling.

Explanation: according to Ma Jiajues confession, he had a quarrel with the victims Tang Xueli, Shao Ruijie and Yang kaihong in a card game, which led to the idea of killing people. In the quarrel, the other party mentioned that Gong Bo had not invited him on his birthday, so Gong Bo became the last victim in the case. Because of the incongruity of the trivial motive and the cruelty of the crime process, there are questions about Ma Jiajues mental state. During the trial of the case, the Kunming intermediate peoples court entrusted the judicial psychiatric appraisal institution to conduct a special mental appraisal on Ma Jiajue.

Reporter: can I think that motivation is a key factor in the trial of this case.

Dao: according to the theory of criminal law, his motive does not affect the constitution of the crime. His motive is just why he should commit the crime. Instead, he has some psychological subjective mentality and some psychological thoughts. In the existing criminal law system, as long as he is mentally normal, when he commits a crime, or when he commits a crime, he has complete responsibility ability, and can distinguish and distinguish the possible consequences of his acts. In this regard, his motivation does not affect the whole crime of his acts.

Reporter: but from the perspective of public opinion or general psychology, this kind of behavior should be beyond the scope of normal people.

Reporter: Yes, do you feel any abnormality in Ma Jiajue?

Dao: I dont think so. His mental state or his logical thinking, some views and understandings of the problem are no different from those of ordinary people. It is not like the previous media reports that he is extreme, or psychologically abnormal and distorted. His mental state has already had serious problems.

Reporter: there is also a saying that if there is no such voice of public opinion, Ma Jiajues spiritual identification will not be available.

Dao: sure. Because only if his criminal subject qualification can be confirmed as that he has full responsibility ability and should bear criminal responsibility, the courts trial will be meaningful.

Reporter: did you worry that Ma Jiajue was really mentally abnormal before deciding to do this psychiatric examination?

Dao: it has nothing to worry about for the court. Its normal. According to the law, how to deal with it? Its the same when hes normal. Anyway, the court is in accordance with the law.

Reporter: if Ma Jiajue really identified a problem, will there be different results?

Dao: thats for sure. After the court hearing, if there is no doubt about the conclusion of forensic psychiatric expertise made by the court, if there is no doubt about it, the judicial expertise does confirm that the defendant does not have the capacity of criminal responsibility and that he is mentally ill. Under this situation, the court will definitely declare innocent in accordance with the law.

Reporter: the result of psychiatric appraisal is that Ma Jiajue has no problem. When you delivered this conclusion, what was his reaction?

Dao: he thought it was ridiculous. At that time, his first reaction was that I was very normal and there was no need to do it for me.

Dao: after investigating and understanding some of his classmates and teachers around him, as well as in order to do his forensic psychiatric identification, we have a feeling. Ma Jiajue is introverted. He is introverted. He seldom communicates with others. He has many things in his heart. He cant get vent. Lets solve it No, many of his doubts or resentments could not be solved. The more he accumulated, the more his energy changed to a qualitative change, leading to the final result that on the day of playing cards, as a fuse, all of them broke out, and he was determined to kill the four students.

Reporter: it is certain that internal factors play a major role. Have external factors been taken into account?

Dao: judging from the existing evidence, there is no evidence to prove that, for example, the students discriminated against Ma Jiajue, or they often insulted and looked down on him. The court can only objectively reflect the legal facts proved by these evidences according to the collected evidence, that is to say, what the court finds should be a legally confirmed legal fact.

Reporter: but Ma Jiajue is from the countryside. Compared with many of his classmates, he may not be rich. He may have been discriminated against. These may also be an objective fact.

Dao: this may happen, but from the current job, there is no evidence to prove that he was discriminated against. In addition, we may have to look at this issue from another aspect. Under the current situation in our country, there are still many poor students, not only Ma Jiajue. At the same time, most of the four victims in this case are poor students, especially Gong botas family. He is from Mianxian County, Shaanxi Province. After investigation, he felt that the living conditions, economic conditions and material conditions of his family were much worse than those of Ma Jiajues family, which was even poorer than that of Ma Jiajues family. Another can also be considered, such as our country so many poor students, if everyone because of their own inferiority complex, or because they do not have money, family conditions are not good, others whatever stimulation, you want to implement such extreme behavior, then the world will be in chaos, then this kind of cases will certainly emerge in endlessly. This should not be a case, Ma Jiajue can be used as a basis or plot for his (sentencing) lighter or mitigated.

Explanation: After deciding to kill four people, Ma Jiajue bought tools, fake ID cards and train tickets to flee to other places. From February 13 to 15, 2004, Ma Jiajue killed four people in three days and four times, and hid their bodies in the closet of the dormitory, and then fled to other places.

Reporter: if it is inferred from innocence, can ma Jiajue kill four people by himself? Is there a third party?

Dao: from the evidence we have tried and finalized, it should be said that there can be no second person committing a crime.

Reporter: according to the evidence on the scene, there were seven bloodstains of Ma Jiajue, but Ma Jiajues confession has always denied that he had been injured.

Dao: because this crime scene is actually a place where Ma Jiajue has lived for nearly four years. There may be bloodstains on the scene because of other problems or other injuries. This should be said to be very normal. Another aspect is that (if) it is true that the bloodstain was left by Ma Jiajue. The evidence that there was ma Jiajues blood on the scene confirmed that Ma Jiajue was the defendant in this case.

Dao: this kind of plot will not affect. The only thing that can affect it is that if the bloodstain is not Ma Jiajues, but the blood of other students who have nothing to do with this case, this case may affect the determination of this case.

Dao: judging from the existing evidence, there is no influence. Why not? Because when the existing defendant Ma Jiajue was not captured, he actually left Ma Jiajues blood fingerprints stained with the victims blood on the scene, as well as the murder weapon he put on the crime scene, a hammer.

Reporter: but he bought a hammer twice.

Dao: he did buy the hammer twice, but he confessed that after he bought it, he hid the hammer in a public restroom because he was afraid that it would be seen by other students in the dormitory and affect his crime. The next day, when he went to get ready to get the hammer, he found that the hammer was not there. Later, he went to the same place, in the same person (there), and bought the same hammer.

Reporter: can you be sure that the scar on the body of the dead is caused by the second hammer.

Dao: Yes. There is a blood mark identification of the corresponding public security organ. This blood mark identification has been confirmed. Although the defendant himself confessed that he cleaned the hammer after committing the crime, but after the public security organ took the hammer, there was a word on the hammer. In the groove of that word, the public security organ extracted some blood stains after investigation. After identification, the blood stain can be confirmed It is the bloodstain of Gong Bo, the last victim in this case, which proves that the hammer is indeed the murder weapon for killing the victim.

On April 22, 2004, the first instance of the Ma Jiajue case opened. On April 24, Dao Wenbing pronounced that the defendant Ma Jiajue was guilty of intentional homicide and sentenced to death and deprived of political rights for life.

Reporter: what are the standards and basis for sentencing?

Dao: the standard of sentencing is actually the criminal law. From the perspective of criminal law, Article 232 stipulates that intentional homicide shall be sentenced to death, life imprisonment or fixed-term imprisonment of more than 10 years. This provision confirms a problem. The first choice of sentencing period and sentencing range is death penalty for intentional homicide.

Reporter: from the perspective of the existing chain of evidence, is it complete enough to make the death sentence.

Dao: the evidence system of this case should be relatively complete. There is not enough evidence that may cause the defendant to overturn the case or other circumstances in the case, because other evidence has been excluded.

Reporter: after he was arrested, he admitted the fact of his crime and confessed. Will these be considered as a possible (lighter) factor.

Dao: this can certainly be considered as a plot, but this one is a discretionary one. In this case, Ma Jiajue, why did the court think that he had a good attitude to plead guilty, but he still did not consider it lightly. That is to say, he should be resolute in his intention to commit murder, and then he was very persistent. In order to kill people, he actively prepared some tools for committing crimes. According to his own planning, careful organization and division of time, he killed all four victims. Moreover, after the murder, before committing the crime, he actually prepared to escape the arrest of the public security organs. Before committing the crime, he bought the train tickets and other things, that is, he was ready to escape immediately after the crime and not leave them on the scene. In fact, all of these reflect that he is indeed a person who committed a very bad crime and caused serious consequences, so the court did not consider it. Because it is not a statutory circumstance that must be mitigated or mitigated, his attitude of confession is only a discretionary circumstance.

Explanation: with the announcement of the criminal judgment of the first instance, there is also the judgment of civil suit incidental to criminal proceedings in this case. Relatives of the victims, Tang Xueli, Shao Ruijie and Yang kaihong, claimed compensation for Ma Jiajue, totaling more than 820000 yuan. According to the verdict, the compensation for each of the three victims relatives was 20000 yuan.

Reporter: your judgment of 20000 yuan is too far from the claim of the family members?

Dao: Yes, as far as the victims are concerned, they feel that the death of one person at home does cause them great damage and loss in all aspects. They proposed 100000 or more. Maybe they think its not too much. After all, a life has disappeared, and the loss caused to them cant be measured by money. As for our judicial department, what you said is correct. Why cant our court judgment be organically combined with his request?

It is because of our existing legal basis that it considers more direct losses in this respect, the possible spiritual blows, these pains, and the losses caused by these factors can not be supported. As for our court, it is clearly stipulated in the law that this part will not be supported. Then we have no way to go beyond the provisions of the law and make a judgment that is more consistent with his claim. This is certainly unable to meet his requirements.

Reporter: Why did you make the compensation decision of 20000 yuan?

Dao: because according to the provisions of the Supreme Peoples Court on the scope of criminal procedure, it is very clear. It is only aimed at the scope of accepting cases with civil collateral to criminal cases, but only at the direct economic losses caused by the defendant to the victims, that is, the losses that must be paid and the losses that may be incurred in the future. This part is governed by the peoples law The court accepts the case in the criminal incidental civil and makes a judgment. They put forward that the compensation for mental damage obviously does not belong to it. It belongs to the nature of consolation. At the same time, he proposed other things, such as funeral expenses, loss of work expenses, transportation expenses, accommodation and travel expenses. Because their family members deal with the aftermath, the court must support these losses in accordance with the law. Therefore, the court, under this premise, gives him support The actual loss suffered by us was adjudicated.

Dao: Yes, this is for sure. Because after our investigation, we have found out that, in addition to being a university student, he usually relies on the states student loan to study and go to school. Now, after he was arrested and the case happened, he still owes the state nearly 20000 yuan of student loan. He cant pay it back. He certainly has no property to compensate for.

Reporter: since there is no ability to repay, why should we make this judgment?

Dao: judgment and execution should be two problems. As a court in the trial, it is mainly in accordance with the provisions of law, that is, is the plaintiffs claim reasonable, how much reasonable part, according to the law, you should, should support. The level of support you support and whether it can be implemented in the end is two concepts.

(function(){( window.slotbydup=window .slotbydup||[]).push({id:u5811557,container:ssp_ 5811557, async:true });}) (); the judge in the case of majaju suspected of intentional homicide source: surging press editor: Zhang Zhongquan_ NB17813

Ma Jiajue trial judge suspected of intentional homicide