The "Nie Shubin case", which once attracted great attention from the whole country, is still at a standstill. Since June 5, 2007 165438+, Hebei Provincial High Court has never filed a case against Nie Shubin, saying that it is still under review. In the complaint to the Supreme People's Court, lawyer Li Shuting wrote, "Once (the real murderer) Wang Shujin is sentenced to death, it means that the Nie Shubin case may lose the opportunity to correct forever." "Once Wang Shujin is sentenced to death, it means that the Nie Shubin case may lose the opportunity to correct it forever." In the complaint to the Supreme People's Court, lawyer Li Shuting wrote. This is not impossible. On June 5438+065438+ 10, 2007, the Supreme People's Court asked the Hebei Provincial High Court to handle Nie Shubin's mother's complaint. Today, more than 400 days have passed, and the Nie case has not been retried by the Hebei Provincial High Court. At the same time, more than a year has passed since the second trial of the "real murderer" Wang Shujin. For more than a year, lawyers of Nie Shubin's mother, lawyers of Wang Shujin and relevant parties have been trying to find the truth around the Nie Shubin case. Now, with the Nie case deadlocked, they are also in a state of anxiety. Observers believe that the difficult progress of the Nie Shubin case also reflects the difficulty of the judicial reform process in China. Zhang Huanzhi took out a small cloth from the back room and opened it carefully. Household registration book, land contract certificate, bank passbook ... in the small plastic bag at the bottom, there are some photos. In the photo, my son Nie Shubin smiled from ear to ear-but that was more than ten years ago. My son is dead and shot. My son's grave is not far from home, and the grass on the grave is different in green and yellow, which has been 14 years. This winter, the mother is still calling for her son's soul-she firmly believes that her son died unjustly. Lawyer Zhang Sizhi, who was the head of the defense team of the Gang of Four case and is now one of the attorneys at the appeal stage of Nie case, also believes that Nie Shubin was killed unjustly. More than five years have passed since the Nie Shubin case was exposed by the media in March 2005, and the case is still pending. With the passage of time, Nie case has been closely related to judicial justice in China. "Please don't forget Nie Shubin!" This is the appeal of Zhang Sizhi, an 8 1 year-old barrister, and it is also a heavy concern of the legal profession in China. "Do they know the pain of a mother?" June 65438+February 65438+July 2008, the weather was dry and cold. Zhang Huanzhi, 64, once again came to the filing hall of Hebei Provincial High Court to inquire about the case of his son Nie Shubin. In recent years, she came to the Hebei Provincial High Court almost every 10 day. This time, she was very lucky. She waited less than two hours before she saw the judge. "When will my son complain?" It's still the same problem. "Still under review, waiting for notice. Besides, the judge can only be a personal opinion. This case needs to be discussed by the audit Committee. " The judge's answer is no different from last time. Twenty minutes later, the meeting ended and the sad mother was at a loss in the cold wind. On June 5, 2007, after waiting for more than two years, she finally received a letter from the Supreme People's Court: the complaint of Nie Shubin case had been transferred to the Hebei Provincial High Court for handling. Previously, in March 2005, because Wang Shujin was arrested in Henan, the rape and murder case in Nie Shubin in 10 was exposed as "another real murderer". Nie Shubin's mother, Zhang Huanzhi, never stopped complaining. However, the High Court of Hebei Province refused to accept her complaint on the grounds that Zhang could not obtain her son's death sentence. For a mother, this reason is more similar to "making things difficult", cruel and absurd: from the time her son was sentenced to death to the time he was executed, Nie's family never saw the verdict. Where can I find the verdict now? The deadlock lasted until April 2007. Just when Nie's family was at a loss, a "mystery man" sent the first-instance and second-instance judgments of Nie Shubin's case. Zhang Huanzhi appealed to the Supreme People's Court accordingly. However, more than 400 days have passed since the Supreme People's Court was officially handed over to the Hebei Provincial High Court for "handling", and the Hebei Provincial High Court has not yet filed a case. "I don't know when they will drag on." On September 7th, 2008, Nie Shubin's mother wiped her tears with thick black hands. Her husband, Nie student, from time to time uttered a piercing cry because of the stimulation and pain he had suffered for many years. Zhang Huanzhi is afraid to show her son's photo to her paraplegic husband. She just touched the picture of her son in the dead of night. Nie Shubin used to live in a small house, and the house has always been used as a warehouse, with some food and sundries piled up. "I can't go to my son's house, it hurts all over ... I miss my son. Those people, do they know the pain of a mother? " Zhang Huanzhi shouted. "For more than ten years, I never thought my son was a bad person. I want to prove that my son is not a bad person, and I will not give up. " Nie Shubin's mother is not the only one who is unwilling to give up a bunch of keys. In fact, due to the complexity of the Nie Shubin case, there is a long list of people who insist on seeking the truth. The father of the victim Wang Xia (an alias is used here to protect the victim) is also one of them. According to an insider, Wang Xia's father once suspected that Nie Shubin was not the real murderer. One of the reasons is that Nie Shubin is weak, while Wang Xia has been practicing martial arts for many years. For years, Wang Xia's father never gave up his complaints. In 2005, after the news that there may be another "real murderer" in the Nie Shubin case was exposed, the Wangs also filed a complaint with the Hebei Provincial High Court. At the same time, Wang Shujin, who may be the "real murderer", appealed after being sentenced to death in the first instance. One of the reasons is that he didn't find out the rape and murder case in the suburbs of Shijiazhuang in the first instance, and he didn't want innocent people to take the blame for himself. Under such circumstances, the Higher People's Court of Hebei Province did not file a case against Nie Shubin. Lawyers have come to the conclusion that the court's "excuse" may still be "no evidence", including that Wang Shujin's appeal is only to delay time and save his life temporarily. However, according to our reporter's investigation and some signs, Nie's case is not without evidence. Among them, the suspense about "a bunch of keys" may become the final breakthrough point of the case. It is understood that after being arrested, Wang Shujin confessed a rape and murder case he committed in a cornfield in the suburb of Shijiazhuang when he was interrogated for the first time on June 5438+1October 65438+September 2005. In the confession, Wang Shujin gave a detailed account of the crime process and the items at the scene. He also confessed: "At that time, there was a bunch of keys next to the woman." In the confession of 65438+20051October 25th, Wang Shujin mentioned this set of keys again. "There will be a bunch of keys, I feel useless, so I didn't take them. The key lies in the west of the woman. " This string of keys is regarded as a big suspense in this case by Nie Shubin's attorney Li Shuting. According to Zhang Huanzhi and others, when the Public Security Bureau just solved the case, the family of the victim Wang Xia sent a banner to the Public Security Bureau, and the TV station also took photos. Later, the Public Security Bureau handed a bunch of keys to the Wangs. Li Shuting didn't see the case file, but he inferred from common sense that Nie Shubin didn't mention the key in his narrative at that time. "According to the regulations, the evidence of the confession of the parties shall be recorded and filed. For example, the bicycle was put on file at that time, and it was not until several months later that it was returned to Wang's father at the request of the Wang family. " Li Shuting said, "This key was given to the Wangs at that time, which shows that Nie Shubin didn't account for this bunch of keys. And there is nothing involved in this bunch of keys in the judgment. " So it is not difficult to see that if the key does exist, Wang Shujin's confession to the scene is obviously more in line with the facts. "If the key suspense can be solved, Wang Shujin is obviously more likely to commit crimes than Nie Shubin." A legal expert who has long been concerned about this case told this reporter. Lawyer Li Shuting has been trying to solve this suspense. On May 26th, 2008, he submitted the Application for Collecting Evidence to the Judicial Supervision Court of Hebei Provincial High Court. He believes that it is necessary to obtain relevant materials from the families of the victims in order to restore the truth of the case more comprehensively. "Due to special circumstances, please ask the court for permission to collect the investigation." However, from June, 5438 to February, 2008, he got the latest reply from the Hebei Provincial High Court: "It needs to be studied by the IEC." Where is more evidence? In the past three years, Nie Shubin's family and lawyers, as well as Wang Shujin's lawyers, have been searching for a truth. But the difficulties are obviously much more than they expected. Lawyer Li Shuting once submitted an Application for Consulting and Copying Criminal Files of Nie Shubin to the Hebei Provincial High Court. As an attorney, he hasn't read Nie's case file. Although the criminal procedure law clearly stipulates the rights of lawyers, he repeatedly checked the file and was turned away. In order to compare and find out the facts more clearly, Li Shuting thinks it is also necessary to retrieve the file of Wang Shujin's rape and murder case. "In order to compare and check Wang Shujin's confession of rape and murder in the cornfield in the suburbs of Shijiazhuang and Nie Shubin's confession of rape and murder in the cornfield in the suburbs of Shijiazhuang, which one is more in line with the situation and truth of the case investigation at that time in terms of plot and details." He also submitted an application to the Hebei Provincial High Court, but so far, he has not obtained permission. According to our reporter's investigation, after Wang Shujin was arrested by Henan police, Wang Shujin confessed his crime when he was interrogated three times in Shijiazhuang. Wang Shujin described the victim's body, age and clothes in detail, and clothes were the key material evidence. Wang Shujin's statement about the scene and the treatment of the victims' clothes was very detailed, including the burial site and clothes covered with grass. After Wang Shujin was arrested, Guangping police investigated the witnesses who found Wang Xia's clothes that year, and the scene described by the witnesses was also consistent with Wang Shujin's confession. Our reporter learned that in the Explanation of Wang Shujin's Murder Confession during his Work in Shijiazhuang (February 28th, 2006) issued by Guangping County Public Security Bureau, there was such a statement: "During the period from 1993 to 1995, there were no cases in the northwest of Shijiazhuang, north of Zhongshan West Road, south of Xinhua West Road and west of kong zhai Village, except for the robbery and murder case of Nie Shubin. In other words, Wang Shujin confessed that it could not be other murders, it should be this murder. " If we can comprehensively compare and judge these evidences, the facts should be ascertainable. "Wang Shujin's lawyer Zhu Aimin said. He believes that the society and public opinion should be informed of the progress of this case, which has taken into account the judicial justice in China. Because "increasing transparency is the premise of justice. There is no justice without transparency. " "Now people don't know the process of this matter. If you understand the process, you will also have a steelyard in your heart to measure whether the final conclusion is correct. " Zhu Aimin said. President northwest university of politics and law, who has been paying close attention to this case for a long time, also believes that the court should perform its duties and hear Nie's complaint according to the procedure, regardless of the facts. In any case, we must always give the public a conclusion, and we can't always be in an unresolved state. Compared with Wang Shujin's case, there is a lot of evidence that can be sentenced to death on the basis of "confession". As can be seen from the judgment of Nie Shubin case, there is no confession about evidence in the whole judgment. The basis of all cases is only Nie Shubin's "confession". Li Shuting revealed that after he represented the case, he got the weather situation in Shijiazhuang at the time of the incident. On the second day of the incident, there was a heavy rain in Shijiazhuang, which lasted for two days and then exposed. So the evidence that can be extracted at the scene, including footprints and fingerprints, is gone. Some involve DNA identification, and even less. It can also be seen from the judgment that the evidence in Nie's case is basically a confession. According to the verdict, after Nie Shubin was arrested by the public security bureau in the suburbs of Shijiazhuang, Nie confessed the crime of strangulation after rape, and led the public security personnel to identify the crime scene and the place where the victim's clothes were buried, which was consistent with the investigation scene ... There was almost no statement of evidence in the whole verdict. As for the results of the' field investigation', there is no mention at all. "This judgment is surprisingly rough. "Zhang Sizhi said. According to the verdict, Nie Shubin strangled Wang Xia with a woman's shirt. Wang Shujin admitted that Wang Xia was strangled. So what is the origin of the blouses that Nie Shubin used to "commit crimes", and what should Nie Shubin do with the cars he rode when committing crimes? There is nothing in the verdict. "The real killer" Expectation "once sentenced to death, it means that Nie case may lose the opportunity to correct mistakes forever. "In the complaint to the Supreme People's Court, lawyer Li Shuting wrote. In fact, Wang Shujin's appearance and attitude reveal an absurd reality: a murderer wants to pay for his crime, but the judiciary refuses. Because 10 years ago, a young man may be innocent and paid the price with his own life. In June 2008, lawyer Zhu Aimin heard that Wang Shujin's second-instance judgment had come down, but he suspected it was a rumor. Because as the chief defense lawyer of Wang Shujin, he has not received any notice from the court about the result of the second trial of this case. Lawyer Zhu Aimin met with Wang Shujin five times. In his opinion, Wang Shujin looks rather boring. When Wang was a teenager, he was reeducated through labor for sexual crimes. After that, he could not integrate into the society and eventually became a recidivist of sexual crimes. In his defense, Zhu Aimin drew the court's attention to this point. On April 20, 2005, entrusted by his cohabitant Ma, he began to defend himself. Before the incident, she lived with Ma under a pseudonym for 65,438+00 years and had three children. What impressed me was that Ma hardly wrote his name when he entrusted a lawyer. Wang Shujin himself has no culture. During the interrogation of the public security organs, Wang Shujin was asked: "Have you seen this case in newspapers or on TV?" Wang's answer is: "I can't read, I can't read newspapers, and I didn't see this case on TV when I went home ... I work in Shijiazhuang and there is no TV to watch." "I just watch TV and can't read newspapers and magazines. "What impressed Zhu Aimin was Wang Shujin's consistent attitude towards the Shijiazhuang incident. Every time he meets, he will talk about this case in Shijiazhuang. " I have met Wang Shujin five times, and I know his attitude very well. Every time I draft a document, he is very satisfied. After I finished reading it, he recognized it and said that this was what he wanted to say. "Zhu Aimin said. He also recognized netizens' comments on Wang Shujin: "Although Wang Shujin is extremely guilty, no matter how many times he dies, he dares to bear his own guilt, which requires courage." On March 3, 2007 1 KLOC-0/day, the trial of Wang Shujin was held in Guangping County Court in private, and the trial was still heavily guarded. Nie Shubin's family also went, but failed to enter the court. The trial lasted for two hours, and Wang Shujin reiterated his responsibility for the Shijiazhuang case. However, his statement was interrupted by the prosecutor as "irrelevant". Zhu Aimin thanked Guangping County Public Security Bureau and Handan City Procuratorate for their work: "They seized all the files of Wang Shujin's confession from the earliest to the last. In terms of legal procedures, this is very helpful for us to clarify the facts. " "This kind of defense is also the first time for me." Zhu Aimin said that he expected the truth of the Nie Shubin case to come out. "Because only in this way can people believe in judicial justice. It is also Wang Shujin's own wish to let the real sinner take responsibility for his actions and comfort the dead of the victims. " Notes on Nie Shubin Case 65438+1On August 5, 994, a rape and murder case occurred in a cornfield in the suburb of Shijiazhuang, Hebei Province. On September 23, Nie Shubin, a 2 1 year-old villager from Xia Nie Village, Luquan Town, Luquan City, Hebei Province, was arrested by Shijiazhuang Suburb Public Security Bureau. On September 29th, the local public security organ said that Nie Shubin confessed to the crime of rape and murder. 65438+1April 1995, Hebei Higher People's Court sentenced Nie Shubin to life imprisonment for rape, sentenced him to death for intentional homicide, decided to combine several crimes and approved the death penalty; On April 27th, Nie Shubin was executed. On June 5438+1October 65438+August, 2005, the Public Security Bureau of Xingyang City, Henan Province arrested Wang Shujin, a criminal suspect from Guangping, Hebei Province, in a brick factory. On June 5438+1October 65438+1October 9, 2005, Zheng, deputy director of the Public Security Bureau of Guangping County, Hebei Province, led a team to Xingyang, Henan Province, to conduct an interrogation with the Public Security Bureau of Xingyang City. Wang confessed the crime of raping and killing four women in Hebei province. After that, Guangping police escorted Wang Shujin to Shijiazhuang to identify the crime scene. On March 5th, 2005, 15, the media reported that "two murders in one case, who is the real murderer". Since then, the Nie Shubin case has been widely reported by the national media. In March 2005, Nie Shubin's mother Zhang Huanzhi and her lawyer Li Shuting filed a complaint with the Supreme People's Court. In the following two years, the Hebei Provincial High Court refused to file a case on the grounds that Zhang Huanzhi could not produce Nie Shubin's death sentence. In April 2007, Nie Shubin's family received the second-instance judgment of Nie Shubin case from the "mysterious person", and appealed to the Supreme People's Court accordingly. In April 2007, Wang Shujin's rape and murder case was pronounced in the first instance, and Wang Shujin was sentenced to death. Wang immediately appealed, one of the reasons being that he refused to admit the fact that he had raped and killed people in a cornfield outside Shijiazhuang. On June 5th, 2007, the Supreme People's Court sent a letter to Zhang Huanzhi, which was forwarded to the Hebei Provincial High Court. Since June 5438+065438+1October 5, 2007, the Hebei Provincial High Court has never filed a case against Nie Shubin, saying that whether to file a case is "still under review". Legal experts talk about Nie case. Undoubtedly, for this significant and widely concerned case, the court trial should be conducted as openly as possible. Although I have raised objections to live TV trials in the past, the retrial of this case can be an exception. The openness and transparency of the trial and judgment of such cases not only helps citizens to supervise judicial power, but also provides institutional guarantee for retrial judges. When all the evidence is clearly presented to the public, the judge's judgment is just the result of confirming the bottom, and any criticism of the judgment will be impossible. "This is the first day of argument and slander." Hu Shi once said that Lv Kun's words and suggestions of the Ming Dynasty moved him very much, and we hope it can also move the judicial circles today. (He Weifang, Peking University) Even if Wang Shujin can't be identified as the "real murderer", as long as Nie Shubin is tortured to extract a confession, as long as there are major procedural flaws in the case, as long as the prosecution's evidence can't form a complete chain of evidence, and as long as there are unexplained and reasonable doubts in the chain of evidence, it can be said that Nie Shubin was killed by mistake. Only by "coming back from the dead" and "bringing the real murderer to justice" can we correct the injustice of the death penalty, which is a shame of our judicial system. (Teng Biao, China University of Political Science and Law) "No one can be a judge in his own case", and the judge in legal proceedings must have no legal interest in the outcome of the proceedings, which is the most basic principle of due process of law. The key to solve the difficult problem of Nie Shubin case is to strictly follow the principle of due process of law, abandon the "Chinese-style supervision" that allows the supervised person to "supervise" himself, and establish the referee's detached and fair position. I answered with great care, please add points.

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