On She Xianglin's Case

By  Chen Huilin     2005-4-20

1,One of the greatest unjust cases in China

She Xianglin was a former security guard in Jingshan county of Hubei Province and 39 this year. In 1994 She's wife Zhang Zaiyu disappeared, he was convicted of murdering his wife. The Court of Jingshan County and the Intermediate Court of Jingzhou Prefecture in Hubei both sentenced She to death with immediate execution at the first and the second trials, based on evidence provided by local police and She's confession. The Higher Court of Hubei, after seeing "quite a few doubtful points" in the case, ordered a retrial which changed the sentence on She to 15 years imprisonment for intentional murder. ( She was sentenced to 15 years imprisonment for intentional murder.)

In March 28,2005, his wife appeared suddenly again, alive, and with her second husband and son. She Xianglin, who has served 11 years in prison, is declared innocent and released after a retrial by Jingshan court in April 13, 2005.

She's case is one of the greatest unjust cases in the whole country.

2, Why do I especially pay close attention to She's case

        I have a special introduction to She’s case on my website（http://www.huilin.info）. I pay close attention to She Xianglin's case more further than common people.There are three reasons:

First, I am studying the law;

Second, this case happened in my hometown Jingmen of Hubei Province. I come from Shayang County. Shayang Prison/penitentiary is one of the largest prison of China. She XiangLin served a sentence there.

Third, Incumbent president of court of Jingshan county is my classmate in the high school. But must declare, He served as the president of this court in 2002, it was not he that pronounced She XiangLin guilty in that year, now his court declared She XiangLin innocent.

3, Legal loopholes that She's case reflects

She's case calls China's judicial system in question.She's case demonstrates the failure of the entire local legal system, which consists of the police bureau, procuratorates and courts.

      The police should bear the brunt of the responsibility, because they had falsely identified the body, the major evidence in this case, and probably extorted a confession through torture.

      The local procuratorate, or the prosecuting organ, and courts at different levels are also to blame. Although having found some discrepancies between the dead body and Zhang in figures and clothes, the local procuratorate still started legal proceedings instead of conducting further investigation. The local courts failed to clarify the truth of the case even after the retrial.

　 （Note: This is a speech outline of mine for Doctor's course " English for International Academic Conferences " .）