Source: Rule of Law Daily - Rule of Law Network
□ Zhao Zhifeng, all-media reporter of The Rule of Law Daily
When Teng Wenxiang was handling a criminal case involving an old neighbor's child, the old neighbor smiled and greeted him and said, "Kiss and kiss, neighbors help neighbors." "Let Teng Wenxiang be a shunshui person."
Teng Wenxiang flatly refused, and the old neighbor whisked away.
This is what Teng Wenxiang, a national model judge and full-time member of the Adjudication Committee of the Intermediate People's Court of Baiyin City, Gansu Province, has in mind the phrase "Gongsheng Ming and Lian Shengwei."
As a criminal judge, for more than 20 years, Teng Wenxiang has always silently adhered to the front line of cracking down on major criminal trials and faithfully performed the sacred duties entrusted to him by the party and the people.
In May 2017, the Baiyin Intermediate People's Court accepted the "Ganmeng 8.05 Series Of Murders, Rapes and Cruelties to Women" issued by the Ministry of Public Security, which is a case that has attracted great attention from all walks of life.
At the moment of taking over the case, Teng Wenxiang secretly resolved that he must strictly control the factual evidence and strive to turn the case into an "iron" case that can withstand the test of law and history.
To this end, he went to Beijing four times to the province to sincerely consult well-known forensic doctors and appraisal experts on difficult issues such as autopsy, footprints, fingerprints, DNA identification, etc., and humbly consulted well-known judges and legal experts on issues related to the application of the law.
He carefully inspected hundreds of videos interrogating the defendants, repeatedly read more than 20 volumes of nearly one million words of files, prepared more than 300 pages and more than 200,000 words of trial transcripts and trial outlines, and wrote more than 300 pages and more than 200,000 words of trial reports and judgment documents.
After the case was concluded, the leaders of the higher court who had listened to his report many times said: "The words seem to be blood, and it is unusual for a year of hard work." The case was also selected by the Supreme People's Court and CCTV as one of the "Top Ten Cases to Promote the Process of Rule of Law in China."
The picture shows Teng Wenxiang reading the verdict. Courtesy of the Gansu Provincial High People's Court
As a trial expert in Gansu Province, in the past 20 years, teng Wenxiang has tried hundreds of major, difficult, and complex homicide cases that have not been remanded by a higher court for retrial because of unclear facts, insufficient evidence, or violations of legal procedures, and not a single case has been changed by a higher court because of an error in the facts of conviction and sentencing, evidence, and application of law.
Teng Wenxiang is a native of Baiyin, although there are many social relations, but he has never been tired of it, sometimes leaders, compatriots, classmates, friends because of the case to find him to intercede, he has never been accommodating.
When undertaking an appeal case, Teng Wenxiang found that the court of first instance had given one of the defendants who had not appealed a felony and a light sentence, and that this defendant was the child of his old neighbor's family.
He told his old neighbor: "We are all from ordinary peasant families, and we eat everything, but the cases are not the same." ”
Later, the old neighbor asked Teng Wenxiang's cousin to send an envelope containing money to Teng Wenxiang's home, which was also rejected by Teng Wenxiang sternly. In the end, Teng Wenxiang issued a judicial recommendation to the competent department at the higher level of the original case-handling organ and submitted the case to the president for a decision, and then the sentence was increased in accordance with the trial supervision procedures.
For this reason, the old neighbors and cousins refused to forgive Teng Wenxiang. In the face of human feelings and law, difficulties and pressures, Teng Wenxiang firmly chose the law. He said: "Since I have chosen the profession of judge, I must be worthy of the scales on my chest. ”
The picture shows Teng Wenxiang and his colleagues discussing the case together. Courtesy of the Gansu Provincial High People's Court
"He deserves all the cases and all the parties to the cases, but he is sorry for himself and his family." This is the most simple evaluation of Teng Wenxiang by the cadres and the masses.
One year, when his wife was giving birth, he traveled on a business trip to handle the case; once, the next day, his son still went to the field to verify the evidence; once, when his father was ill and hospitalized, he did not return home for three days and three nights because of the trial of a major murder case...
The public vacation that promises to accompany the family to travel every year always becomes "next year" in Teng Wenxiang, and every time he promises his family a reunion dinner, it always becomes "next time".
In his office, toiletries, camp beds, and instant noodles were readily available. In order to ensure the continuity of the reading of major cases, he sat for several hours at a time.
"One is leading the people's suffering, and the other is tying judicial care." Teng Wenxiang always has the suffering of the people in his heart, often funding the people in need, buying food and tickets for poor parties or their relatives. Often, the person concerned or his relatives sent him a pennant and a plaque, but he politely refused: "I am the son of a farmer, and my greatest wish is to repay the people." ”