Abstract
On 20th November 2006, a 64 year-old retired woman surnamed Xu was waiting for a bus at Nanjing’s Shuiximen Square station when two buses arrived at the same time. Xu rushed towards the second bus, which had fewer passengers. As she passed the back of the first bus, a 26 year-old man, Peng Yu, was the first passenger to alight by the rear door. Peng, anxious to catch his connection, happened to glance backwards and found Xu lying on the ground. He immediately helped her up and, together with her family who were soon on the scene, took her to hospital. While there, he paid over 200RMB in medical fees on Xu’s behalf. The diagnosis found that Xu had sustained a fracture of the left femoral neck in the fall, and had to be hospitalized for hip replacement surgery, necessitating fees in the tens of thousands.
This is a preview of subscription content, log in via an institution to check access.
Access this chapter
Tax calculation will be finalised at checkout
Purchases are for personal use only
Notes
- 1.
For written judgment see: Xu v. Peng Yu for Personal Injury Compensation, Peking University Law Database www.pkulaw.cn, Reference CLI.C.85983; and also Xu Jiling, Nanjing Government Announces: Peng Yu Admits Knocking over the Old Lady Xu, Liaowang News Weekly, from Phoenix News website http://news.ifeng.com/society/1/detail_2012_01/16/12003299_1.shtml.
- 2.
For written judgments see: Wang Xiuzhi v. Xu Yunhe for Road Traffic Accident Personal Injury Compensation, Reference CLI.C.515512 and Xu Yunhe and Wang Xiuzhi Road Traffic Accident Personal Injury Compensation Appeal Case, Reference CLI.C.1339057, both Peking University Law Database, www.pkulaw.cn. See also 360Baike Encyclopaedia entry for Xu Yunhe, http://baike.so.com/doc/3136413.html.
- 3.
See People Website, [‘I Helped Him, I Didn’t Hit Him’, Man Drowns Himself to Prove Innocence], http://edu.people.com.cn/n/2014/0107/c1053-24041290.html.
- 4.
See China News Network, Man Who Helped Old Man Then Accused of Knocking Him Over Kills Himself to Prove Innocence; Before Death Tells Daughter He Doesn’t Want to Die, http://www.chinanews.com/sh/2014/01-07/5708453.shtml.
- 5.
Zheng Tianhong and Wu Tao, Briefing on the Dongyuan, Guangdong Case ‘Man Who Helps Old Man Falsely Accused, Commits Suicide’: No Evidence to Prove ‘Man Knocked Down Old Man’, Xinhua News, http://news.xinhuanet.com/legal/2014-01/14/c_118964733.htm. Zeng (2014).
- 6.
The information on the three case studies above was collated by Zhang Xiaomin, Ph.D. student at Renmin University of China from 2012 to 2016.
- 7.
Wang Xiuzhi v. Xu Yunhe CLI.C.515512, Peking University Law Database, www.pkulaw.cn.
- 8.
In wrongful conviction cases where the judgments have subsequently been corrected, “guilty” refers to the charge and conviction in the original trial.
- 9.
The case studies were conducted by Xu Yuedi, Ph.D. student at Renmin University of China from 2014 to 2017.
- 10.
Li (2013).
- 11.
Ma and Wang (2014).
- 12.
The object of our discussion is evidence proving facts of substantive law, and does not include evidence proving sentencing specifics or extra-legal hindering causes.
- 13.
The 20 cases are all taken from Peking University Law Database, and the case numbers are 177 (2014) Liuzhou Intermediate Court Criminal One Final, 00165 (2014) Shaanxi High Court Criminal One Final, 63 (2011) Heilongjiang High Court Criminal Three Final, 92 (2015) Yongzhou Intermediate Court Criminal One Final, 17 (2014) Shandong High Court Criminal Four Review, 103 (2014) Shandong High Court Criminal One Final, 40 (2014) Shandong High Court Criminal One Review, 299 (2014) Hunan High Court Criminal Three Final, 00354 (2014) Anhui High Court Criminal One Final, 00184 (2014) Shaanxi High Court Criminal One Final, 3689 (2014) Beijing Number One Intermediate Court Criminal One Final, 96 (2014) Tianjin High Court Criminal One Final, 412 (2014) Beijing High Court Criminal One Final, 118 (2014) Jilin High Court Criminal One Final, 16 (2014) Shandong High Court Criminal Two Review, 163 (2014) Guilin Intermediate Court Criminal One Final, 35 (2014) Shandong High Court Criminal One Review, 36 (2014) Shandong High Court Criminal One Review, 2-1 (2010), Shandong High Court Criminal Four Final, 304 (2014) Guangdong High Court Criminal One Final.
- 14.
Chen (2001).
- 15.
He and Liu (2013, p. 204).
- 16.
Article 64 of the “Interpretation of the Supreme People’s Court concerning the Implementation of the Criminal Procedure Law of People’s Republic of China”: Case facts that must be proven by the application of evidence include: (1) the identity of the defendant and victim; (2) whether the alleged crime in fact occurred; (3) whether the alleged crime was in fact committed by the defendant; (4) whether the defendant has the capacity for criminal responsibility, whether there is a culpable mens rea, or a motive or objective for the commission of the crime; (5) the time, place, manner, consequences and causes of the commission of the crime, etc.; (6) the defendant’s status and role in a jointly committed crime; (7) whether the defendant possesses circumstances permitting or requiring heavier or lighter punishment, mitigated (below-minimum) punishment, or exemption from punishment; (8) facts concerning the handling of property related to the case, where there is a collateral civil action; (9) procedural facts related to jurisdiction, recusal, postponement of adjudication, etc.; (10) Other facts related to conviction or sentencing (Liu et al. 2013, p. 90).
- 17.
Putting the veracity of the defendant’s confession to one side, its content can generally be used to prove the basic facts of a case, consequently here we have not discussed defendant confessions.
- 18.
Using the two-sided nature of physical evidence to connect the defendant to a case, for example biological evidence from the defendant found at the scene of the crime or biological evidence gathered from the defendant’s body or clothing.
- 19.
Here we mean audio-visual material which acts as circumstantial evidence such as a crime which is not observed by an eyewitness nor recorded during its commission, which is only just enough to prove that the defendant was on the scene when the crime was committed, which contains the time of the crime, the movements of the defendant before and after the crime.
- 20.
For details of the case see: Liuzhou Intermediate People’s Court, Guangxi Zhuang Autonomous Region, 2014, Written Judgment on 177 Criminal Two Final.
- 21.
Clause 25 of the original text of this opinion states “If one of the following circumstances exist, it shall not be possible to determine that the criminal suspect has committed a crime and the responsibility for the crime must be investigated, if evidence is insufficient it shall not satisfy the conditions for prosecution…” Although this clause is guidance for prosecuting bodies issuing indictments, it can also be used as a reference for the standard of judicial judgments.
- 22.
For details of the case see: Beijing Number 1 Intermediate People’s Court, 2014, Written Judgment on 3689 Criminal Final.
- 23.
For details of the case see: Heilongjiang High People’s Court, 2011, Written Judgment on 63 Criminal Three Final.
- 24.
- 25.
Statistics around modus operandi are collected from “cause of death” details. For instance, in Gao Hongliang’s misjudged criminal case, the original verdict found that the defendant burnt the victim to death after hitting them with a wooden stick, consequently this case has been classified as arson.
- 26.
This section discusses shortages in the quantity of evidence separately from shortages in the quality of evidence. When analysing shortages in quantity of evidence, we have not considered the impact of a shortage of quality on the evidence. Take two cases for example. In one, the necessary appraisal opinions are missing. When compared to the second case which does have appraisal opinions, we do not consider whether the quality of the second case’s appraisal opinion meets the standard of evidence.
- 27.
In the case of Chen Jinchang, there was a victim statement which acted as direct evidence, but the time of the statement was found to contain errors, and it has been classified as a shortage of quality of evidence. See Guo (2011, p. 311 onwards).
- 28.
The results of a forensic appraisal opinion in a poisoning case play a similar role of proof to those of an autopsy report, and can be used to prove the cause of a victim’s death or injury.
- 29.
For example, in a case of causing death by explosion, a witness confirms that when the crime took place they first heard the sound of a quarrel, and later heard the noise of an explosion.
- 30.
See Guo (2011, p. 243).
- 31.
See Guo (2011, pp. 113–121).
- 32.
See He (2014a, p. 109).
- 33.
See Guo (2011, pp. 162–172).
- 34.
See He and Liu (2013, p. 114).
- 35.
Teng Xingshan was sentenced to death in a murder case in Hunan and excuted in 1989. He was declared innocent in 2005. See He (2016, pp. 13–77).
- 36.
We speak here of a typical situation. If the features of a murder weapon such as its shape or wear are distinguishing in any way, such as the existence of uneven gaps, then it can be treated as characteristic for matching and identification.
- 37.
See Contemporary Misjudged Criminal Cases: No. 14, 18 July 2016, http://blog.sina.com.cn/s/blog_784904f50100th8e.html.
- 38.
He (2014b).
- 39.
Du Peiwu was sentenced to death with two-year suspension in a double murder case in Yunnan in 1998, and exonerated in 2000. See He (2016, pp. 36–38).
- 40.
See Ma and Wang (2014, p. 105).
- 41.
See Liu et al. (2013, p. 111).
- 42.
For details of the case see Shandong High People’s Court, 2014, Written Judgment on 16 Criminal Two Final.
- 43.
See Guo (2011, p. 142).
- 44.
Xu v. Peng Yu, CLI.C.85983, Peking University Law Database.
- 45.
Wang Xiuzhi v. Xu Yunhe, CLI.C.515512, Peking University Law Database.
- 46.
Xu Yunhe Appeal, Reference, CLI.C.1339057, Peking University Law Database.
- 47.
Zuckerman (1986).
References
Chen, Xingliang. 2001. Criminal Jurisprudence in and of Itself, 220–221, 226–227. Beijing: The Commercial Press.
Guo, Xinyang. 2011. Analysis of Misjudged Criminal Cases. Beijing: China Renmin Public Security University Press.
He, Jiahong, and Pinxin Liu. 2013. Evidence Law. Beijing: Law Press China.
He, Jiahong. (ed.). 2014a. Late Justice—The Ten Wrongful Convictions Impacting China’s Judiciary. Beijing: China Legal Publishing House.
He, Jiahong. 2014b. Ten misleading zones in contemporary Chinese criminal justice. Tsinghua Law Review (2).
Jiahong, He. 2016. Back from the Dead: Wrongful Convictions and Criminal Justice in China. Honolulu: University of Hawai’I Press.
Li, Huiqun. 2013. The Zheng Futian & Fu Bing robbery case: How to handle the standard of proof that “the evidence is reliable and sufficient” in criminal cases. In Criminal Trial Reference, vol. 86, 48–54. Beijing: Law Press China.
Liu, Zhiwei, et al. (ed.). 2013. One Book on Criminal Procedure Law. Law Press China.
Ma, Kai, and Zhaofeng Wang. 2014. Paths to the prevention of misjudged cases in shortage of evidence. Heilongjiang Social Sciences (3).
Zeng, Huanyang. 2014. No evidence to prove ‘man knocked down old man’. Guangzhou Daily, 15 Jan 2014, A14.
Zuckerman, Adrian A.S. 1986. Law, fact or justice? Boston University Law Review 66: 488.
Author information
Authors and Affiliations
Corresponding author
Rights and permissions
Copyright information
© 2018 Law Press China and Springer Nature Singapore Pte Ltd.
About this chapter
Cite this chapter
He, J. (2018). The Dilemma of Judicial Proof. In: Methodology of Judicial Proof and Presumption. Masterpieces of Contemporary Jurisprudents in China. Springer, Singapore. https://doi.org/10.1007/978-981-10-8025-8_1
Download citation
DOI: https://doi.org/10.1007/978-981-10-8025-8_1
Published:
Publisher Name: Springer, Singapore
Print ISBN: 978-981-10-8024-1
Online ISBN: 978-981-10-8025-8
eBook Packages: Law and CriminologyLaw and Criminology (R0)