| 英文摘要 |
On December 2, 2016, the Second Circuit Court of the Supreme People's Court proclaimed the judgment of the Nie Shubin case for intentional homicide and rape in public, revoking the conviction judgment of the defendant Nie Shubin rendered by the Intermediate People's Court of Shi Jiazhuang City in Hebei Province in 1994 and the High People's Court of Hebei Province in 1995 and acquitted Nie Shubin. So far, this momentous, difficult and complicated case, which occurred, tried and implemented more than 20 years ago, ended when the defendant Wang Shujin of another case confessed to be the real murderer in 2005, which raised various suspicion and controversies. There are many highlights such as the promotion of judicial philosophy, the application of judgment criteria, the adoption of judgment manners, the embodiment of human rights' protection, the demonstration of judgment reasoning as well as the response to public concerns and the solution to controversial issues, some of which will have a modeling significance to the People's Courts on solving similar cases. The first author of this paper is honored to be the Presiding Judge of the retrial penal who organized the retrial activities, and the paper is about fact-finding and the application of law. |
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