A man in Shanxi, China was sentenced to death for poisoning in 1960. He performed in the same year, but 27 years later, he was not guilty to the original trial evidence.Subsequently, the family members applied for national compensation on the court's wrong judgment, but they were rejected due to the failure of the National Compensation Law.
According to the Red Star News on Tuesday (September 5), a man in Linyi County, Shanxi Province recently said that his father Liu Zhongwu was on July 10, 1960 by the People's Court of Wanrong County, Shanxi Province for poisoningThe death penalty was executed on August 29 of the same year.After that, the place of residence of their family was classified as Wanrong County into Lintong County. In 1987, the Lintong County People's Court reviewed the case and made a judgment that the facts of the original judgment were unclear, the evidence was poor, and the judgment was improper.Zhongwu is not guilty.
Liu Qingshui believes that the court wrongly sentenced his father to death, bringing a huge disaster to the family, and his personal destiny changed.Since then, Liu Qingshui has repeatedly applied for compensation to the Lintong County People's Court and Wanrong County People's Court.
In 2021, Liu Qingshui's state compensation applied to the Wanrong County People's Court received a response from the Wanrong County People's Court.Wanrong County People's Court made a decision saying that the infringement of the case occurred before December 31, 1994 (the National Compensation Law of the People's Republic of China was implemented on January 1, 1995).The application of the State Compensation Law was rejected by Liu Qingshui.Subsequently, the Yuncheng Intermediate People's Court and the Shanxi Provincial Higher People's Court rejected the compensation application for the same reason.
Liu Qingshui said that he continues to report to the Shanxi Provincial Higher People's Court and the Supreme People's Court.
Regarding the retrospective power of national compensation for this case, the lawyer of Beijing Jingshi Law Firm Zeng Ming said that before the National Compensation Law was promulgated, although China did not have a special state compensation law, there has been a state compensation for state compensation.system.The national compensation system and the National Compensation Law cannot be directly divided.The basic system of state compensation has clear regulations in both the 1954 Constitution and the Constitution in 1982.
For Liu Qingshui's application for national compensation, Zeng Ming believes that the court cannot simply reject his compensation request for the state compensation law before 1995, because his main appeal is to require state compensation, and his main appeal is to require state compensation.It is only recommended that the court refers to the National Compensation Law for compensation, which is not directly applicable.The court cannot confuse the relationship between the state compensation and the State Compensation Law.
