Source: Taiwan Straits Network
Xiamen Court "Taking the Examples Around Us as a Mirror to Align with Advanced Models" series report 2
Judge Liu Zhou of Huli Court
According to a report by the Xiamen Daily on 21 May, "The facts of a crime are narrative essays that contain time, place, people, causes, processes, and results; the list of evidence is somewhat similar to an explanatory essay, which is the basis for drawing facts; and the judgment part of the case is an out-and-out argumentative essay, with clear arguments and clear argumentation processes, reflecting the process of drawing correct conclusions."
To crack down on the crimes of criminal syndicates and evil forces, on the one hand, we should focus on the specific facts of the crimes and thoroughly eradicate the criminal syndicates and evil forces; on the other hand, we should also pay attention to the people and things in specific cases, and pay attention to how to truly sweep away the blackness and evil in human nature and people's hearts. This "golden sentence judge" who sobered up the doctors involved in evil in court and said that he was crying about the members of the underworld gangs was holding a legal hammer in his hand, his eyes were like a torch, and he rolled up his sleeves to compete with the criminal syndicates and evil forces, and this "contest" was nearly ten years.
What is tried is the case, and what is handled is life
The "golden sentence judge" is frequently used
"The facts of cases involving criminal syndicates and evil forces are complex, and there are many facts and crimes, so we must be accurate and truthful in terms of legal theory and evidence, and handle each case into an iron case that can withstand the test of history." In 2007, Liu Zhou tried the first triad-related case, that is, since then, the contest with the criminal and evil forces has begun, and the Huli court has also given birth to a "golden sentence judge" who led his colleagues to charge into the battle and pass the hurdles.
In 2018, when Liu Zhou tried the case of defendant Yan Moumin's involvement in the crime, it coincided with the revision of the Criminal Procedure Law and the addition of a leniency system for admitting guilt and accepting punishment, but there was no model for how this system was implemented in specific cases, especially in triad-related cases. To this end, he led the collegial panel to conduct a comprehensive study and discussion, created the specific trial process of this system, and achieved good trial results. "With 204 volumes of files spanning more than ten years, we estimate that such a major black-related case will take at least 10 days to 'toss and turn'." Zhuang Jianbin, assistant judge in the case, recalled, "Under the leadership of Brother Zhou, the three-and-a-half-day trial work was completed. "This case has a large social impact and a high degree of public opinion, and it is not uncommon for ordinary participants in triad-related cases to admit guilt and accept punishment, but the cases in which all defendants admit guilt and accept punishment are rare in the province and even the whole country." The evidence is too solid for them to argue. This case was also successfully selected as one of the "Top Ten Typical Cases of Xiamen Courts" in 2019.
Being a judge is not just as simple as handling a case and holding a trial, in Liu Zhou's view, the judge hears every criminal fact, but what he does is the life of every party. In addition to making the defendants confess their guilt in court and obey the law, it is also extremely important for them to truly feel repentant in their hearts, and to reform themselves. At the scene of the first medical fraud and extortion criminal group trial in Xiamen, Liu Zhou looked at the torch and said: "You do not lack doctors, you do not lack equipment, what you lack is morality!" Hearing this sentence, the defendant Chen, who originally wanted to defend himself, buried his head very low. Later, Chen quoted this sentence in the plea application sent by Chen, "We have lost the minimum medical ethics of being a doctor..."
Always paying attention to the defendants' reactions, some golden sentences popping up in the courtroom that directly poked at their inner pain points, this "golden sentence judge" said that he cried a lot of key figures in the gangs involved in criminal syndicates, and many "hard bones" deeply repented in court and admitted guilt and accepted punishment.
It's both a living treasure book and a good hero
When handling cases, I like to "fight each other" with myself.
In the eyes of colleagues and many peers, Liu Zhou is a "living treasure book" for the trial of criminal and evil cases, cases that cannot be chewed on, laws that cannot be clearly understood, as long as he asks him, he can always get professional guidance and opinions at the first time. With a "search engine" in his head that can grab the provisions of the law at any time, he can grasp the rhythm of the trial freely in court, and colleagues evaluate Liu Zhou as very much like the "hero" of martial arts novels, not only is he a stunt himself, but he is always at ease in the face of difficult "tricks".
And to be a "hero" must be because of his profound "internal skills", on his desk, in addition to the mountains of files, there are also stacks of various legal books. Colleagues talked about a detail, when handling a triad-related case, there were more than 200 files sent alone. Receiving the case, just in time for the National Day holiday, Liu Zhou, who had planned to go out with his family, simply "lived" in the office after temporarily canceling the trip, and his CPU-like brain began to "fight" with the massive files. "It only took six days to straighten out all the evidence, the facts." The colleague looked admiring, "When handling the case, Brother Zhou is completely obsessed, and the more complicated the case, the more excited he seems to be." ”
The trial of cases involving criminal syndicates and evil forces took a long time from taking over to closing the case, and the hardships in it are difficult to say, and the final judgment written even has a fight with the thickness of the book. But such a boring verdict in the eyes of laymen is like a long novel with three styles in Liu Zhou's eyes. "The facts of the crime are a narrative essay, containing time, place, person, cause, process, and result; the list of evidence is somewhat similar to the explanatory text, which is the basis for drawing the facts; the case evaluation part is an out-and-out argumentative essay, with clear arguments and clear argumentation processes, reflecting the process of drawing correct conclusions." Liu Zhou said that in the process of handling cases, it is sometimes necessary to have a certain degree of self-"split" - to imagine yourself as a prosecutor to see how to explain evidence and expound opinions; or to imagine a lawyer to see what kind of defenses may be made. Every time such characters fight each other, they are usually able to find some problems and think about solutions.
At the moment when every difficult problem is solved, at the moment when every judgment is issued, at the moment when the value concept of knocking down the gavel and punishing evil and promoting good is realized after each judgment is pronounced, a relaxed and happy mood is his greatest gain and has become one of the sources of happiness.
(Text/Reporter Tan Xinyi Correspondent Hu Faxuan Photo/Reporter Zhang Jiangyi)