在线国产一区二区_成人黄色片在线观看_国产成人免费_日韩精品免费在线视频_亚洲精品美女久久_欧美一级免费在线观看

USEUROPEAFRICAASIA 中文雙語Fran?ais
Opinion
Home / Opinion / Op-Ed Contributors

Will Nie's case prevent wrong court verdicts?

By MAO LIXIN | China Daily | Updated: 2016-12-23 07:28

Will Nie's case prevent wrong court verdicts?

The father and sister of Nie Shubin react after hearing Nie is exonerated in Shijiazhuang, Hebei province, Dec 2, 2016. [Photo/VCG]

Will Nie's case prevent wrong court verdicts?

The Supreme People's Court declared Nie Shubin innocent on Dec 2, 21 years after the resident of Shijiazhuang in North China's Hebei province was executed for "rape and murder" at the age of 21. The correction of the verdict against Nie, a milestone in the legal history of China, shows the promotion of the rule of law has made great progress.

Twenty-one years have passed since Nie was found "guilty of rape and murder" and executed in April 1995. And it has been 11 years since Wang Shujin, a suspect, claimed in 2005 that he had committed the crimes. The sentence given to Nie had attracted a lot of social attention at the time, yet the judiciary in Hebei where the case was heard made little progress.

So instead of asking the Hebei court to review the case, the Supreme People's Court assigned the job to the High People's Court of Shandong province, which eventually absolved Nie of the crimes.

That Nie's case has been corrected marks a giant step in China's efforts to comprehensively advance the rule of law.

There are several lessons to learn from Nie's case. According to the current regulations, if there is a problem with a court verdict and the defendant wants a retrial, he/she has to submit the application only to the court that passed the verdict, and the same court will decide whether it should review its own decision. The problem with this system is that the court that passes the judgment is trusted with finding its own mistake. In judicial practice, even after judges realize they have passed a wrong verdict, they tend to not correct it, and that's possibly why it took so long for Nie's case to be corrected.

The Supreme People's Court has set a powerful precedent by appointing another court to review the case, which should become the norm in the future. The correction of Nie's case also reaffirms the principle of "presumption of innocence", which means a person is considered innocent unless proven guilty.

In practice, however, some judges doubted the value of the principle because of their firm belief that no criminal should be at large. As a result, some judges declared defendants guilty without sufficient evidence. In a few cases, the defendants were given lighter sentences despite insufficient evidence, instead of being set free.

Now that Nie's case has been corrected, the judges will realize the significance of the "presumption of innocence" principle and always follow it. Nie's case has highlighted some of the problems that plagued China's judiciary in the past. For example, police used to play the leading role in the entire judicial process, and a suspect was more likely than not to be found guilty by the court. Lawyers, courts and procurators should learn from Nie's case and ensure no person is wrongly convicted.

Let's hope the case ushers in a new chapter of judicial reform, which will help the country to establish the rule of law comprehensively.

The author is a Beijing-based lawyer.

Most Viewed in 24 Hours
Copyright 1995 - . All rights reserved. The content (including but not limited to text, photo, multimedia information, etc) published in this site belongs to China Daily Information Co (CDIC). Without written authorization from CDIC, such content shall not be republished or used in any form. Note: Browsers with 1024*768 or higher resolution are suggested for this site.
License for publishing multimedia online 0108263

Registration Number: 130349
FOLLOW US
主站蜘蛛池模板: 欧美精品入口蜜桃 | 五月婷婷六月激情 | 91片黄在线观看动漫 | 午夜免费网站 | a级片久久 | 国产精品二 | 日韩3级 | 久久99精品久久久久久 | 91成人精品 | 国产精品日韩在线 | 中文在线免费看视频 | 成人在线a | 日韩一级大片 | 在线网站免费观看18 | a天堂在线视频 | 久久精品在线视频 | 国产精品av在线 | 五月激情综合网 | 婷婷久久五月 | 狠狠干夜夜操 | 亚洲日本中文字幕 | 国产成人+综合亚洲+天堂 | 97超碰免费| 国产精品99久久久久久久久 | 伊人久久中文字幕 | 久久嫩草 | 精品久久一区二区三区 | 天天插天天插 | 亚洲大片在线观看 | 欧美日韩在线一区 | 日本a在线 | 成人看片网 | 91精品网 | 黑人巨大精品欧美一区二区 | 久久久久久国产 | 亚洲人网站| 国产成人97精品免费看片 | 午夜免费在线 | 毛片av在线 | 国产综合久久久 | 美日韩丰满少妇在线观看 |