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BEIJING, May 31 -- Evidence obtained illegally - such as through torture during interrogation - cannot be used in testimony, particularly in cases involving the death penalty, according to two regulations issued on Sunday.A death sentence should be pronounced only with sufficient evidence acquired through legal means, stipulate the two regulations: One on evidence review in death sentence cases, and the other on excluding illegal evidence in criminal cases.Jointly issued by the top court, the top procuratorate, the ministries of public security, state security and justice, they are the first specific rules on collection of evidence and review in criminal cases.The first regulation sets out principles and rules for scrutinizing and gauging evidence in cases involving the death penalty, and the other sets out detailed procedure for examining evidence and for excluding evidence obtained illegally.They are expected to cut down on death sentences and reduce forced confessions, experts said.The regulations make it clear that evidence with unclear origin, confessions obtained through torture, or testimony obtained through violence and intimidation are invalid, particularly in death sentences."Not a single mistake is allowed in fact finding and collection of evidence in cases involving the death sentence," said a written Q&A released by the five central departments on Sunday.The new regulations define illegal evidence and include specific procedures on how to exclude such evidence.Lu Guanglun, a senior judge at the Supreme People's Court, said such details do not exist in the Criminal Procedure Law and its judicial interpretations."This is the first time that a systematic and clear regulation tells law enforcers that evidence obtained through illegal means is not only illegal but also useless," said Zhao Bingzhi, dean of the law school at Beijing Normal University."Previously we could only infer from abstract laws that illegal evidence is not allowed. But in reality, in many cases, such evidence was considered valid," he said."This is big progress, both for the legal system and for better protection of human rights," he said. "It will help reduce the number of executions".Zhao said the new rules will also help change the mindset of law enforcers and reduce torture in interrogation, one of the causes of wrongful sentences.Ever since the top court started reviewing all death sentences in 2007, the overall quality of handling criminal cases has improved, but a lot of problems still remain, the joint Q&A said.In 2008, the top court announced that about 15 percent of death sentence verdicts by lower courts in 2007 were found to have faults.On May 20, Zhou Yongkang, secretary of the Communist Party of China Central Political and Legislative Committee, said at a meeting that "the criminal legal system should be perfected and law enforcers should improve their capability to ensure that every case handled can stand the test of law and time". Lu at the top court said the new rules will help prevent wrongful convictions like the one in which an innocent villager in Henan province was wrongly prosecuted.The case of Zhao Zuohai, who stayed behind bars for 11 years until the man he allegedly murdered turned up alive on April 30, has attracted national attention and triggered public criticism of judicial officers after Zhao said he was tortured by local police to confess.Three former police officers have been arrested for allegedly torturing Zhao."Such cases seriously undermine the image of China's justice system and people's trust in the government," said Bian Jianlin, a law professor at China University of Political Science and Law.
BEIJING, May 7 (Xinhua) -- Chinese Premier Wen Jiabao on Friday pledged to work with Bosnia and Herzegovina to enhance the bilateral relationship between the two nations."We should work together to achieve this goal based on mutual respect, equality and mutual benefit," Wen said during his talks with Nikola Spiric, chairman of the Council of Ministers of Bosnia and Herzegovina.Hailing the traditional friendship between the two nations, Wen said China respects the independence, sovereignty and territorial integrity of Bosnia and Herzegovina, and respects its peoples's choice of their development path.Wen hoped the western Balkan region would achieve lasting peace and stability.Wen said trade and economic cooperation between the two countries has good prospects. The Chinese government encourages reputable companies to invest in Bosnia and Herzegovina and to participate in its economic construction.He welcomed Bosnian enterprises to further develop the Chinese market and expand exports to China.Both sides should make joint efforts to promote cultural, educational and tourism exchanges to enhance mutual understanding between the two peoples and friendship, he said.Spiric thanked China for its valuable support and help.Bosnia and Herzegovina attached importance to China's development, and wished to strengthen its friendly and cooperative relations with the country, he said.Bosnia and Herzegovina is willing to maintain high-level exchanges with China and will continue to firmly support China in major issues concerning China's core interests.Spiric hoped to work with China to strengthen cooperation in economy and trade, infrastructure construction, education, cultural exchanges, and welcomed Chinese enterprises to invest in Bosnia and Herzegovina.Bosnia and Herzegovina welcomes Chinese people to visit the country, he added.After their talks, Wen and Spiric witnessed the signing of cooperation documents between the two countries.China's top political advisor Jia Qinglin met with Spiric later on Friday, applauding the country's adherence to the one-China policy.Jia, chairman of the National Committee of the Chinese People's Political Consultative Conference (CPPCC), said the CPPCC would increase exchanges and cooperation with the country's parliament, to contribute to the development of bilateral ties.Chinese vice premier Zhang Dejiang also met with Spiric Friday evening, hoping the two sides would expand cooperation in construction of highways and power plants.Spiric is the first prime minister of Bosnia and Herzegovina to visit China since the two countries forged diplomatic ties 15 years ago.Spiric will also visit Shanghai to attend the National Pavilion Day of Bosnia and Herzegovina, and tour Xi'an, capital of northwest China's Shaanxi province.
XIANGNING, Shanxi, April 8 (Xinhua) -- The death toll at the flooded Wangjialing Coal Mine in north China's Shanxi Province had risen to 20 as of 8:20 p.m. Thursday while 18 miners are still unaccounted for, rescue authorities said.Three more bodies were recovered late Thursday after five were found earlier in the day.As of late Thursday, about 240,000 cubic meters of water had been pumped out, much more than the presumed 130,000 cubic meters, said Liu Dezheng, spokesman of the rescue operation, late Thursday.Seven of nine working sections had been ruled out for the existence of survivors and the targeted areas were narrowed to two sections, he said.Rescue operations were resumed after a short suspension because suspected leakage from an adjacent abandoned mine prompted flooding fears and an evacuation of the rescuers.Hundreds of rescuers evacuated when the shaft ceiling began to leak Thursday morning, said Liu Dezheng.The leakage had stopped by Thursday afternoon.Some survivors telephoned their family Thursday morning, and the family members would been organized to visit them, said Hong Yu, deputy manager of China National Coal Group Corp., who owns the flooded mine.All victims would be compensated, Hong added.A total of 261 miners were working below ground when the mine flooded on March 28. Some 108 miners escaped unharmed while 153 were trapped underground.On Monday, 115 miners were brought out of the mine alive after being trapped for more than a week.
SHANGHAI, April 3 (Xinhua) -- Environment authorities in Shanghai will ban burning waste straw in the suburban agricultural areas to ensure air quality during the World Expo period.The Shanghai Municipal Environment Protection Bureau will use satellite remote sensing to monitor the burning of waste straw during the Expo period from May 1 to Oct. 31, the bureau said in a statement Saturday.Statistics show that about 170,000 hectares of barley, wheat, paddy and rape are planted in the suburban agricultural areas of Shanghai, which can produce up to 1.3 million tonnes of waste straw every year, according to the bureau.Burning waste straw will produce carbon dioxide and other pollutants to pollute the air, it said.To help dispose of the waste straw, more than 40 organic fertilizer plants in Shanghai have planned to use more straw as auxiliary material in fertilizer production, the bureau said.The Shanghai World Expo, with the theme of "Better City, Better Life," is expected to draw 70 million visitors from around the world during the six-month period.
HAIKOU, April 25 (Xinhua) -- China's fishery administration said on Sunday it had started regular patrols of the South China Sea, sending two vessels to take over from two others currently escorting Chinese fishing boats in the area."China Yuzheng 301 and 302 take over from China Yuzheng 311 and 202, which have been patrolling the sea area of Nansha Islands since April 1," said Wu Zhuang, director of Administration of Fishery and Fishing Harbor Supervision for South China Sea under the Ministry of Agriculture.He said the patrol ships were sent to escort Chinese fishing boats in the South China Sea and reinforce China's fishing rights of the waters around Nansha Islands.The two ships set sail from Sanya, a coastal city in China's Southernmost Island Province of Hainan, on Sunday.China's patrol vessels escort the country's fishing boats and help treat fishermen who fall ill, Wu said. Editor: Mu Xuequan