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published in(发表于) 2013/3/21 1:32:51
Chinese FuJIan province Fuzhou city's police collusion kill people,Man was referred squatting unjust verdict loss of 5 million

Chinese FuJIan province Fuzhou city's police collusion kill people,Man was referred squatting unjust verdict loss of 5 million
12 years ago, fuzhou police collusion homicides, high-level attention, Chen Xintao ultimately vindicated. But the case is not over yet: who is responsible for he lost hundreds of millions of property and indirect losses? Three years of damage from the illegal detention and how to calculate?
For nine years, from the beginning of the acquittal, Chen Xintao always shuffle and the department law, between letters and litigation and circulation. In march last year, fuzhou then civil compensation lawsuit of him make a decision will not be accepted. Chen Xintao appeal. At present, although the completion time has been to the case, but the court's judgment or no news of fujian.
Chen Xintao still waiting anxiously, just as those in the past years.
A special dinner party
"On Sunday, have dinner party." On February 20th, Chen Xintao microblog received a private message, was from a friend's visit to the people. Chen Xintao circles, there are many like him people with grievances, old petitions.
On February 24, Chen Xintao and he and a dozen friends to. Last Sunday every month, is their regular dinner time.
Dinner at a regular restaurant in fuzhou hall. Compared with other guests in the lobby, this table for two people is special, because of all ages have, they don't like reunion; Who is not familiar with each other, also do not like a reunion between relatives; At they don't have any topic, only occasionally talk about the microblog hot spots.
One of the most silent Chen Xintao is dining table. Compared with other petitioners, his grievance, his age and social level is higher also.
Since when the petition, Chen Xintao life changed.
In the past, he is the first company in fuzhou second-hand car dealership owner, millionaire. He never has nothing to do with the interests of people, because he was busy all day car, valuations. He rarely leave fujian unless is traveling with your family.
Now, he and his family all around the petition rights. Because of the errors, his business didn't, time is very free, weibo every night into the early hours, petitioners party has become an important activity. He often leave fujian, because must petition to Beijing. Daily he took odd jobs in addition to help a friend, is writing a letter to the central departments.
He want to write more than 40 letter every month. Went to the post office to mail the letters, as an important part of the ceremony, his wife must be early in the morning went to the post office, solemnly to the post office staff.
"A few years ago also to reply letter, rarely back over recent years." Chen Xintao said. "but I still insist on mail, always feel that as long as the letter sent, hope is still in."
Person who disappears in the property
This is a strange circle, we can sit together, the humiliation as a joke, comfort each other.
On February 24, this dinner, someone with Chen Xintao strike up a conversation, "what do you have for many years?? Haven't solve?" Chen Xintao clamped her mouth and tried to nod.
In 2001, Chen Xintao operating second-hand car dealership in the third year, business is doing good. Fuzhou locals Xu Chengping want partnership with him. Chen Xintao middlemen, please BianLiZhong mediation, and the results were Xu Chengping collusion will BianLiZhong police shot dead. Xu Chengping also used the word "police" the handlebar Chen Xintao 26 car and office supplies, etc all towed away. The property value of more than 500, the car was later Xu Chengping all sold.
Case, Chen Xintao being framed as "extortion", has been detained.
Chen Xintao refused to plead guilty in jail, detained three years only 23 days, he finally was acquitted and released by the court. If you give his conviction, sentencing is just three years.
Come out later, he began reporting. Under the attention of top leaders, the police collusion cases come to light. Xu Chengping and two police officers were sentenced to capital punishment.
Chen Xintao thought can ease off, but he didn't think this is just the beginning. Because the next question is, who he was robbed of more than 500 property and indirect damages? He was robbed of property, the three years in jail is not likely to do business again.
Court did not include Chen Xintao in criminal incidental civil plaintiff, only in judgment stated: the recovered to eight cars returned to Chen Xintao, 18 other cars and other property continue to recover stolen money or goods.
Chen Xintao refused to accept it. One is the things in the past more than three years, the eight car repair and inspection fees is very high, he had no money to investment, also can't sell these cars. Second, he is millions of lost property, this small profit can make up for the losses?
And that attitude of the public security bureau manner is, "You want or no?."
In addition, these looted property even if going back to a small part of three years for business losses caused by illegal detention, and how to calculate? After he can earn $one million a year. So he indicted falsely arrest of fuzhou JinAnOu procuratorate. But procuratorate think they according to the public security organ shall collect evidence and arrest, not tort. For a compensation, should eliminate the number of days during the court trial.
Wrangling, procuratorate and court fuzhou then compensation commission finally decided, in view of the area error of procuratorate arrest and the district court to make a wrong verdict, according to the two "2006 national urban unit on-the-job worker daily average wages" and Chen Xintao released from detention to lasted 1072 days, with the compensation of 89683 yuan to Chen.
At this point, Chen Xintao's grievance itself with the compensation, but his possessions and nobody is responsible for 5 million.
He said he was thinking about day and night, who can really want. He went to the public security bureau, the other party said: you should look for the court, the court sentenced to I pay a $, I will compensate you a million; Go to court, he was told that the court is bad, "you should look for the public security bureau to talk things over solve".
Chen Xintao finds himself on the departments as kicking the ball, only petition, let the above leadership justice. Reception department bureau in fuzhou, fujian province, he don't know go to there how many times.
His son, from sixth grade to graduate from the university, studies the key for ten years, this is watching my father traveled to rush about, "sometimes I think we all abandoned. A neighbor said, also clean body even if good, you how still thinking about going back to a thing apart. My dad said, I don't have any mistake, is my why don't you back to me?"
"Eight years, back to the origin"
Chen Xintao also know, the problem will ultimately solve through legal channels.
In 2006, he went to Beijing by attorney the authority of Mr. Ying and Jiang Mingan six law professor. Six experts whether comments fuzhou city public security bureau branch constitute infringement, Chen Xintao how to claim for compensation and other issues, and confirm that the police constitute infringement, Chen Xintao can put in a claim to the public security bureau.
Expert advice inspired him, he put forward initiate an application to the higher court of fujian province right now that claimed 13 million compensation from JinAn public security subbureau. But, the high court in fujian province reluctant to accept.
Chop is two years, is the court dismissed for decision, the reason is that his claim of mark is not enough, the court filing starting point is 30 million. Chen Xintao can go to fuzhou, then put on record.
Chen Xintao then go to fuzhou, then apply for put on record, but was blocked by the citing does not meet the requirements for the case.
Fuzhou then every complaint Open Day, he lined up to hang the dean number.
See for the first time dean, he came in second. First is well received, waiting for his turn when staff handed his materials in the past, said, "Chen Xintao, accused of fuzhou city public security bureau." Dean heard inside, and said, "I want to have a meeting now, I told him to come back next time." Chen Xintao spirit to protest, dean greeted him. The second is common to, third won't see it.
One day in March 2011, Chen Xintao decided in fuzhou a hunger strike, then the door is asking to see dean and put on record. He at eight o 'clock in the morning to the court petition reception room, at noon, judges and officers came to persuade him to eat, he not to go.
6 PM, at his insistence, dean finally saw him, and promised to put on record. He said he was very happy, have forget a day didn't eat.
But, what case?
On March 27, 2012, Chen Xintao come fuzhou then civil verdict, etc.
Then think, Chen Xintao 18 cars and office supplies and other property, criminal recover stolen money or goods are still in process, "Chen Xintao there is no evidence that the relief program has recovered, or for what one has unlawfully taken end and cannot make up for the loss, so the application for compensation is illegal. Also due to the three years not detained by the prosecution of Chen closed indirect losses, do not belong to the scope of civil compensation.
Lin Hongnan Chen Xintao lawyer said, "the court playing word games, Chen Xintao car was robbed in 12 years, general scrap car 10 years, cannot make up for the loss need evidence?"
For Chen Xintao, this decision will result and he just engage in a lawsuit in 2004, "the lawsuit of 8 years, back to the origin." Chen Xintao regrets.
So he continued to appeal to the Supreme Court in fujian province.
"I shun not to descend this tone"
At present, fujian completion time has been to the court, but the decision is not down. Chen Xintao occasionally call the trial judge. If there are any attitude very good judges, his mood will be better, even if the other party is a bad news for him.
From 2001 to now, from jail to prove to the orders of every legal document be Chen Xintao carefully embedded in the plastic film. He flip through these documents, go through the years as the photo.
He now live house is quiet. He had two sets of house property, are sold by petition need money.
House decoration is stay in the 1990 s, but the house is very tidy, balcony filled up with manicured flower and grass, the kitchen also wipe clear transparent glass.
Chen Xintao said that his days are not not bottom go to, but he is not to descend this tone. But for the sake of this tone, he paid too much.
Once, a new the city politics and law committee secretary in office, he expected to visit. With failure certificate into the municipal public security bureau has not compound. At the gate of the elevator, he by the secretary. His face up to introduce myself, "secretary a: hello, I'm Chen Xintao. The words sound just fell, I secretary to" Chen Xintao "three words, like saw the ghost, jump back several paces, yelling, 'how do you get in?' he shouted, 'fast catch up him. Obviously, he is afraid of me to attack him."
This matter of Chen Xintao blow is very big. , he said he didn't expect that he should be regarded as dangerous people, gradually, he found himself become very inferiority.
He no longer belongs to the past the business success of the boss. His friends not on official career with tight, is in business. But he is go to law against sb from morning till night.
"Used to be the boss, now, after all, there would be no more elegant temperament and style. When the boss is a poor man now "." Chen Xintao explains.
After each meal, Chen Xintao petitioners, such as raising the party, reveal their grievances, sometimes leaflets. Of course, will be stopped or being followed.
In some days, estimated that he may have been petitioning, next to his door, gate, car will standed three or five polices scenes. Once, he must want to rebel once, drive away. "What will said I open is not doing anything shady." He thinks good driving skills, being followed, after more than 30 km off the police. One breath to friend home, looking back, the police car is parked in the back.
Our reporter Tan Jun fuzhou reports
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福州警匪勾结杀人,男子被嫁祸蹲冤狱损失5百万
12年前的福州警匪勾结杀人案，引起高层关注，陈信滔最终获得清白。但案件没有结束：谁对他失去的数百万财产和间接损失负责？三年非法关押造成的损失又如何计算？
　　9年来，从无罪释放开始，陈信滔始终在部门推诿和法律条文，在信访与诉讼间辗转循环。去年3月，福州中院对他的民事赔偿诉讼做出不予受理的裁定。陈信滔上诉。目前，虽然案件审限已到，但福建高院的判决还是没有消息。
　　陈信滔依然焦急地等待着，一如那些过去的岁月。
　　一次特别的聚餐
　　“本周日有聚餐。”2月20日，陈信滔的微博收到这样一条私信，是一位访民朋友发来的。陈信滔的圈子里，有很多像他这样有冤屈、老上访的人。
　　2月24日，陈信滔和他的十几位朋友如约而至。每月的最后一个周日，是他们固定的聚餐时间。
　　聚餐点在福州一个普通的酒楼大厅。与大厅其他食客相比，这两桌人比较特别：因为各个年龄阶段都有，他们不像同学聚会；他们互相间并不熟悉，也不像亲戚间的团聚；席间他们没有任何话题，只偶尔谈一下微博热点。
　　陈信滔是饭桌上最沉默的一个。与其他访民相比，他的冤案最大，他的年龄和社会层次也较高。
　　自从当上访民，陈信滔的生活变了。
　　过去，他是福州第一家二手车车行老板，家财百万。他从不与利益无关的人交往，因为他整天都得忙看车、估价。他很少离开福建，除非是带家人旅游。
　　现在，他和家人的一切都围绕上访维权转。因为冤案，他的生意没了，时间很自由，每晚上微博到凌晨，参加访民聚会也就成了一项重要活动。他经常离开福建，因为要去北京上访。日常他除了帮一个朋友打零工，就是给中央各部门写信。
　　他每个月要写40多封信。去邮局寄信，就像一个重要的仪式，他的妻子必定一早来到邮局，郑重地交给邮局工作人员。
　　“前几年寄信还回信，近几年就很少回了。”陈信滔说，“但我还是坚持寄，总觉得只要信发出去了，希望就还在。”
　　冤案中消失的财产
　　这是一个奇怪的圈子，大家可以坐在一起，把屈辱当作笑话，相互慰藉。
　　2月24日这次聚餐中，有人跟陈信滔搭讪，“你的事有好多年了吧？怎么？还没解决？”陈信滔抿着嘴使劲点头。
　　2001年，陈信滔经营二手车车行的第三年，生意正做得红火。福州本地人徐承平想要跟他合伙。陈信滔请来中间人卞礼忠调解，结果被徐承平勾结警方将卞礼忠枪杀。徐承平还用“公安”字样的车把陈信滔的26辆车和办公用品等全部拖走。这些财产价值500多万，车子后来被徐承平全部卖掉。
　　这起案件中，陈信滔被构陷为“敲诈勒索罪”，遭刑拘。
　　陈信滔在看守所拒绝认罪，羁押三年只差23天的时候，他终于被法院宣布无罪释放。如果给他定罪，量刑也不过三年。
　　出来后，他开始信访。在高层领导的关注下，这起警匪勾结案大白于天下。徐承平和两名警员被判处极刑。
　　陈信滔以为可以松口气了，但他没有想到这只是开始。因为接下来的问题是，谁对他被抢劫的500多万财产和间接损失负责？他的财产被抢，在看守所这三年也不可能再做生意。
　　法院并未把陈信滔列入刑事附带民事的原告人，只是在判决书中表述：把追缴到的8辆车返还给陈信滔，另外18辆车和其他财物继续追赃。
　　陈信滔拒绝接受。一是事情过去了三年多，这8辆车的修车和年检费用很高，他没有钱再投资，也无法卖出这些车。二是他失去的财产是几百万，这点微利怎能弥补巨额损失？
　　而公安局态度是，“你爱要不要。”
　　另外，这些被抢财产就算要回一小部分，对于三年非法关押造成的生意上的损失，又如何计算？此前他一年可以赚一百万的。于是，他以错误批捕之名起诉福州市晋安区检察院。但检察院认为他们根据公安机关搜集证据而批捕，并不侵权。若要赔偿，应该剔除法院审理期间的天数。
　　在检察院和法院扯皮之际，福州中院的赔偿委员会最后认定，鉴于区检察院的错误批捕和区法院的错误判决，两院按“2006年全国城镇单位在岗职工日平均工资”和陈信滔从扣押至释放历时1072天，一起赔偿陈89683元。
　　至此，陈信滔的冤案本身有了补偿，但他的500万财产还是没人负责。
　　他说他日夜都想着，到底该找谁要。他去公安局，对方说：你应该找法院，法院判我赔一个亿，我就赔你一个亿；他去找法院，被告知：这个事法院不好判，你应该找公安局协商解决。
　　陈信滔发现自己被各部门当成了踢来踢去的皮球，只有上访，让上面的领导主持公道。福州市信访局、福建省信访部门，他不知道去了多少次。
　　他的儿子，从小学六年级到大学毕业，学业最关键的十年，就是这样看着父亲奔波来奔波去，“有时我觉得我们一家都被抛弃了。也有邻居说，还你清白之身就算不错了，怎么还想着要回身外之物？我爸说，我没有犯任何错，是我的为什么不还给我？”
　　“8年官司，回到原点”
　　陈信滔也知道，问题最终要通过法律途径解决。
　　2006年，他到北京通过律师联系了应松年、姜明安等6位权威法学教授。6位专家就福州市公安局晋安分局是否构成职务侵权、陈信滔如何索赔等问题进行了论证，并确认警方构成侵权，陈信滔可向公安局索赔。
　　专家意见鼓舞了他，他马上向福建省高级法院提出向晋安公安分局索赔1300万的立案申请。可是，福建省高级法院迟迟不受理。
　　一等就是两年，等来的是高院的驳回决定，理由是他的索赔标的不够，高院的立案起点是3000万。陈信滔可以去福州中院立案。
　　陈信滔于是去福州中院申请立案，但被以不符合立案条件为由拒绝。
　　福州中院每次的信访接待日，他都排队挂院长的号。
　　第一次见院长，他排在第二个。第一个还好好接待，等轮到他时，工作人员把他的材料递过去，说，“陈信滔，告福州市公安局的。”院长在里面听到了，说，“我现在要开个会，叫他下次再来吧。”陈信滔气得拍桌子抗议，院长勉强接待了他。第二次他正常见到了，第三次就见不到了。
　　2011年3月的一天，陈信滔决定在福州中院门口绝食，要求见院长并立案。他早上8点到法院信访接待室，中午，法官和法警都来劝他吃饭，他不去。
　　晚上6点，在他的坚持下，院长终于见了他，并承诺立案。他说他非常高兴，已然忘记自己一天没吃饭。
　　可是，立案又怎样？
　　2012年3月27日，陈信滔等来了福州中院的民事裁定书。
　　中院认为，陈信滔18辆汽车和办公用品等财产，依然处于刑事追赃程序，“陈信滔没有证据证明追缴或者退赔程序的救济已穷尽而其损失无法弥补”，所以其赔偿申请不合法。另外陈起诉的因三年无罪羁押造成的停业间接损失，不属于民事赔偿范围。
　　陈信滔的律师林洪楠说，“法院在玩文字游戏，陈信滔的车被抢12年了，一般的车10年报废，这个损失无法弥补还需要证据证明吗？”
　　对于陈信滔来说，这个判决结果与2004年他刚打官司时判的一样，“8年官司，回到原点。”陈信滔感慨。
　　他于是继续上诉到福建高院。
　　“我顺不下这口气”
　　目前，福建高院的审限已到，但判决还没下来。陈信滔时不时会给审判法官打电话。如果遇到态度很好的法官，他的心情会好很多，哪怕对方给他带来的是一个坏消息。
　　从2001年到现在，从看守所的证明到最高法的裁定书，每一份法律文书都被陈信滔小心翼翼地嵌入塑料膜中。他翻阅着这些文书，就像翻阅那些年久的照片。
　　他现在住的房子很安静。他先前两套有产权的房子，都因为上访需要用钱而卖掉了。
　　房子的装修虽停留在1990年代，但家里收拾得很整洁，阳台摆满了精心修剪的花草，厨房的玻璃也擦拭得清亮透明。
　　陈信滔说，他的日子并不是过不下去，但他就是顺不下这口气。但为了这口气，他付出太多。
　　一次，一位新的市政法委书记上任，他带着期望前去拜访。凭着还未失效的证件进了市公安局大院。在电梯门口，他等到了这位书记。他迎上去自我介绍，“书记你好，我是陈信滔。我话音刚落，书记一听‘陈信滔’三个字，就像见了鬼一样，跳起来后退好几步，呵斥道，‘你怎么进来的？’他大喊保安，‘快把他抓起来’。他显然是怕我袭击他。”
　　这件事对陈信滔打击很大。他说，他没想到自己竟会被看成危险的人，渐渐的，他发现自己变得很自卑。
　　他不再属于过去那个生意成功的老板。他的朋友们不是在仕途上有了一官半职，就是在事业上有所建树。而他却是一天到晚告状。
　　“以前是老板，现在不名一文，也就不再有当老板时的气质和谈吐。现在是祥林伯。”陈信滔自嘲道。
　　每次聚餐后，陈信滔等访民们聚会举牌，展示自己的冤屈，有时还散发传单。当然，少不了被阻止或被跟踪。
　　在某些日子，估计他可能进京上访时，他的家门口、小区门口、汽车旁边都会站上三五个警察。有一次，他偏偏要反抗一下，开车溜走。“要表示我堂堂正正的，不是在做什么见不得人的事。”他自认为车技好，被跟踪了三十多公里后，以为甩开了警方。一口气飙到朋友家门口，回头一看，警车就停在后面。
　　本报记者谭君福州报道
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