关于人民陪审团制度的思考:以网络模拟审判李庄案为视角(英文)

日期:19-06-19 来源: 作者:admin

摘要(Abstract)：

I.A SPECIAL CRIM INAL CASE In the summer of 2009,Bo Xilai,the then Party Secretary of Chongqing,launched an Anti-Mafia Campaign in the city.According to some reports,from the summer of 2009 until spring 2010,the Chongqing police captured more than 4,000 criminal suspects from the criminal underworld,including more than 60 core gang members.Among those captured was Gong Gangmo,the former general manager of Chongqing

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作者(Author): 何家弘;

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Bo Xilai was removed as Chongqing Party Secretary on March 15,2012.He was also removed from his position in Politburo on April 10.What is more,he was dismissed from the Party and was suspected of crimes on September 28.He was also recalled as a Nation People’s Congress delegate on October 26.On August 22,2013,the trial of Bo Xilai was held at the Intermediate People’s Court of Jinan City,Shandong Province.One month later,Bo was found guilty of the three charges:bribe-taking,embezzlement and abuse of power.He was sentenced to life in prison by the court.On Oct.25,Bo’s appeal was rejected by the High People’s court of Shandong Province,and the ruling was final.
Between 1990 and 1993,I was studying at Northwestern University Law School in the United States,where I was awarded a doctorate of juridical science(SJD).In addition to studying the American legal system,I also learned the system of practice there,and was influenced by the culture of lawyers.I was impressed by the role of American defense lawyers in criminal trials and came to believe that lawyers should play a more important role in promoting social progress under the rule of law in China.As a result I created the lawyer,Hong Jun,as the protagonist in my four crime novels,which I later wrote.The first one,entitled Hanging Devils:Hong Jun Investigates,has been published in English by Penguin Publishing.
He Jiahong,Empirical Studies on the De-functionalization of Criminal Trial in China,1 Renmin Chinese Law Review 159,159-184(2013).
On April 11,1994,a badly decomposed body was discovered in an irrigation tank in Jingshan County,Jingzhou Prefecture,Hubei Province.Investigators determined that the body was of Zhang Zaiyu,a local villager who had been missing for three months.Her husband She Xianglin was identified as a suspect,and a confession of guilt was obtained.On September 22,the procuratorate issued an indictment.On October 13,the Jingzhou Prefecture Intermediate People’s Court found She guilty and sentenced him to death.On January 6,1995,the Hubei Provincial High People’s Court declared this verdict invalid by reason of“facts unclear,evidence insufficient”,ordering a retrial.On June 15,1998,after a change in the jurisidiction,the Jingshan County People’s Court found She guilty again and sentenced him to 15 years’imprisonment.On September 22,the Jingmen Municipal Intermediate People’s Court rejected his appeal and upheld this decision.On March 28,2005,She Xianglin’s wife presumed dead for over 11 years,“returned to life”.On April 1,She Xianglin was released from Prison.On April 13,the Jingshan County Court retried She and found him not guilty.
He Jiahong and He Ran,Empirical Studies of Wrongful Convictions in Mainland China,80(4)University of Cincinnati Law Review 1277,1277-1292(2012).
That is a general speaking and has some exceptions.Under Chinese law,cases of occupational crimes by public officials,such as embezzlement,bribery,and malfeasance,are investigated by the internal investigation bureaus of the procuratorates.
CRIMINAL WRONGFUL CONVICTION:FACTORS AND STRATEGIES,at 51(Liu Pinxin ed.,The Legality Publishing House of China,2009).
Id.,43.
WHICH DIRECTION SHALL THE CHINESE PEOPLE’S JUROR SYSTEM GO(He Jiahong ed.,China University of Political Science and Law Press,2006).
Li Zhuang was released from prison and went back to Beijing on June 11,2011.He appealed to the Supreme People’s Court,requesting to revoke the original sentence of Chongqing No.1 Intermediate People’s Court and to announce his acquittal.Currently his appeal is still pending.
The author made those suggestions in an expert advisory meeting held by the Supreme People’s Court on April 26,2013,in a TV lecture of the Phoenix Century Classroom on September 8,2013,and in an article published in a journal of the Supreme People’s Court.See He Jiahong,Procedural Reform and Precaution against Wrongful Convictions,9 Journal of Law Application 7,7-9(2013).
He Jiahong,My Opinion for the Reform of Juror System,The People’s Court Daily,Oct.21,2013.

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