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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.
TAIPEI, March 31 (Xinhua) -- Experts from the Chinese mainland and Taiwan Wednesday started their second round of talks in Taipei to pave the way for a long-awaited economic deal that is expected to boost cross-Strait economic ties.The two-day meeting in Tashi, Taoyuan county, is expected to speed up the consultation process of the Economic Cooperation Framework Agreement (ECFA), which is intended to normalize mainland-Taiwan economic ties and bring the two economies closer.The two sides are expected to exchange views on operational and technological topics including the main content of the agreement and consultation arrangements in the future.The mainland side is composed of directors of the mainland's Association for Relations Across the Taiwan Straits (ARATS), experts and economic affairs officials.Tang Wei, director-general of the Ministry of Commerce's Taiwan, Hong Kong and Macao affairs department, said such an agreement would further cross-Strait economic cooperation, and help the two sides cope with the impact of possible economic crises in the future and the increasingly competitive international market.
BEIJING, April 7 (Xinhua) -- The Chinese government encourages Chinese businesses to set up economic and trade cooperation zones in member states of the Association of Southeast Asian Nations (ASEAN) to deepen cooperation, a senior commerce official said Wednesday.Vice Minister of Commerce Gao Hucheng, speaking at a preparatory meeting for the seventh China-ASEAN Expo, said China and ASEAN members have strengthened economic and trade cooperation since the China-ASEAN Free Trade Area (CAFTA) came into effect on Jan. 1 this year.Customs data showed that bilateral trade totalled 39.12 billion U.S. dollars in the first two months of 2009, up 66 percent from a year ago.Chinese exports to ASEAN states rose 52.9 percent to 18.69 billion U.S. dollars while imports from ASEAN jumped 80.2 percent to 20.43 billion U.S. dollars.Gao called upon "eligible" Chinese enterprises to "go overseas" to ASEAN countries to set up economic and trade zones with infrastructure and industrial chains.He also said the two sides should implement the agreement on trade and expand trade, calling for an increase in the trade of high value-added products, including mechanical and electrical products and other hi-tech products.The two sides' enterprises should further expand cooperation and deepening ties in the agricultural, manufacturing, infrastructure, resources, and processing sectors, he said.The CAFTA, covering a population of about 1.9 billion, is the world's third largest trade agreement in terms of trade volume, after the European Union and the North American Free Trade Area.The ASEAN groups Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand and Vietnam.Under the CAFTA, the average tariff on goods from ASEAN countries entering China has been cut to 0.1 percent from 9.8 percent, while the six original ASEAN members - Brunei, Indonesia, Malaysia, the Philippines, Singapore and Thailand - slashed the average tariff on Chinese goods entering ASEAN states from 12.8 percent to 0.6 percent.The seventh China-ASEAN Expo will be held in Nanning, capital of Guangxi Zhuang Autonomous Region, from Oct. 20 to 24 this year.
BEIJING, April 26 (Xinhua) -- Chinese State Councilor Liu Yandong met with 159 foreign researchers and 55 young foreign scientists at the Biophysics Institute of the Chinese Academy of Sciences (CAS) in Beijing Monday.Liu extended sincere greetings to the researchers, who are employed by the CAS.Liu said it is in the common interest of all nations to increase cooperation in science, to confront the challenges from financial crises and climate change, as well as food and energy security.Liu said China attaches great importance to international science cooperation and exchange.She said China will continue to create a favorable living and working environment for foreign scientists.
BEIJING, April 27 (Xinhua) -- Suspected criminals found innocent or those whose cases prosecutors drop after excessive long periods of detention should be compensated by the state, according to a law amendment discussed by lawmakers Monday.The draft amendments to the State Compensation Law were submitted for their fourth reading to a four-day session of the National People's Congress (NPC) Standing Committee, or the top legislature.According to the Criminal Procedure Law, police can detain those committing crimes or suspected of crimes. The first plenary of the 14th session of the Standing Committee of the 11th National People's Congress (NPC), is held in Beijing, capital of China, on April 26, 2010.The Criminal Procedure Law says police should limit detention to three days and bring cases to prosecutors within those three days.The period could be prolonged by one to four days "in special cases," and to a maximum of 30 days for extremely serious crimes.Members of the NPC Standing Committee say the draft amendments should explicitly stipulate that those who have been detained illegally are entitled to compensation. Those who have been detained beyond the legally permitted period should be entitled to state compensation, the members said.Hong Hu, vice chairman of the NPC Law Committee, briefed lawmakers on the draft amendments.According to the NPC, the amendments aim to better defend people's rights from being violated by the State.It is hoped the amendments will enhance protection of detainees' rights.The current law took effect in 1995.State laws or amendments usually go through at least three readings before being adopted by China's top legislature.Top legislator Wu Bangguo presided over the session which opened Monday.