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The author:(作者)aaapublished in(发表于) 2013/12/22 18:52:51 Henan spirit bond， a party dissatisfied with the compensation decision of death penalty review
CNS, Pingdingshan, December 21 (reporter)-recently, the "death bonds" parties received more than 980,000 Yuan Li Huailiang State compensation, raising public concern. As compensation limits 4,282 day liberty, Li Huailiang, and their families so as to "guarantee the death penalty case," is this the end of the world? On December 21, the reporter went to interview was informed that Li Huailiang family after 4 days of consultation, considers mental compensation for unreasonable decision may apply for reconsideration, Attorney application for reconsideration has been written, submitted Monday. In addition, Li Huailiang family had said that after receiving compensation in the future, Li Huailiang arranged the rest of his life, between family members not to blame.
Error 12 custody, Li Huailiang family
In 2001, pingdingshan, Henan yexian County licun Li Huailiang, arrested for homicide with the villagers. Case took seven sub-sub, all because "the facts are not clear, insufficient evidence" by a superior Court remanded. In 2004, the pingdingshan intermediate people's Court in the lack of evidence, more contentious cases, in order to avoid the victim's family to petition, and the family agreed to sentence Li Huailiang to death, that is, "death bonds." On April 25, 2013, the pingdingshan intermediate people's Court to facts are not clear, insufficient evidence, facts cannot be established from the verdict acquitted Li Huailiang, was detained for more than 12 years of Li Huailiang released from custody. On June 3, apply for State compensation of 3,801,247 Yuan Li Huailiang, on December 17, the pingdingshan intermediate people's Court to make State compensation decisions: compensation for Li Huailiang restricted in his personal liberty four days compensation 4,282, mental damage soothing gold, 200,000 yuan, Li Huailiang dismissed other claims.
The payment decision, Li Huailiang, and their families so as to "guarantee the death penalty case," is this the end of the world? On December 21, the reporter with public interest, and depart in yexian County for an interview.
Reporter Li Huailiang ' home, and met Li Huailiang. While leaving the detention center had more than half a year, but Li Huailiang seems mentally sluggish, not many words. When entering the detention center was only 35 years old, he now has been greying at the temples. 12, and things are in his view overabundance.
"Had my father and mother are both alive. I (from prison) came out, mother nurse one ' s hatred died, both girls married, feel sorry they did not support the elderly did not take care of the kids, not at home, what tube is not. "Talking to Li Huailiang, repeatedly stressed:" we don't kill people, didn't kill her pussy, we're not bad conscience. ”
"I'm thinking of mother son, to nurse one ' s hatred finally died, his wife has run away from home, kids can't go to school, had been shattered. "Li Huailiang sister Li Aimei said with her voice choked:" he came out on contact with his wife, the wife went back home for more than 20 days, said working outside. Case is still no results, breaking up the old House at home, and how did she stay home? ”
Think moral compensation unreasonable, Li Huailiang decision may apply for reconsideration
Respect of 980,000 yuan for State compensation, Li Huailiang thinks enough to compensate for his injuries.
Li Aimei said, compared with Zhejiang shuzhi compensation, the younger brother's low compensation. Zhejiang case and detained 10, 1.1 million in compensation, while my brother was innocent 12 years, compensation only 980,000 yuan. "Spiritual loss, Zhejiang is 450,000 ping he gave 200,000, less than 20,000 yuan a year. ”
"Although 980,000 yuan compensation is not small, bright enough to buy real estate, taking the rest of life, but outsiders do not know this for 12 years, family, family litigation lawyer, toss one back once again, money spent by the torture does not say, in jail more miserable. "Li Aimei told reporters:" the family talked about these days, decided to apply for reconsideration, this case is sure to get to the final, and a fair. ”
Attorney Lin Wencai told reporters that the present application for reconsideration has written down, decided to submit next Monday. "This compensation is unreasonable, especially moral damages. Zhejiang cases in prison custody 10, families can visit each month, is half the restriction of personal freedom; Li Huailiang in jail custody 12 are entirely restriction of personal freedom, moral compensation of 200,000 less, so make the spirit of 540,000 yuan claim. In addition, there is a holiday overtime, because Li Huailiang were incarcerated in 12 years, home each holiday still didn't push, then in overtime, according to the labour law regulations, should pay us for it. ”
"Since the labour code already set out, are encumbered not rest, also have the right to enjoy, in this connection, also mentioned a few times before in several cases, legal progress is driven by everyone. "Lin Wencai said, according to this opinion, deciding the 1.47 million yuan in compensation.
Li Aimei: receipt of compensation arrangements for Li Huailiang later life
Li Aimei told reporters that now that brother's body is restored, he rented a House, and told him to come over for dinner when not busy, he is familiar with the surrounding living environment, taught him how to Cook, and so on. Such compensation is down in the future, try to make them husband and wife live together as before, back home, build a house or buy a house in the County. Brother is still under 50 years old, not business material, is out of business, recovering, you can find a job, arranged he, can't let him suffer anymore.
During the interview, pingdingshan intermediate people's Court of the compensation Office Director Xu Daoyin said: "the State compensation was compensation for custody of his original error caused by restriction of personal freedom. If Li Huailiang identified was the real killer in the future, or whether further judgments against him, but then recovered this time for State compensation. ”
For the use of the money in the future, said Li Aimei, 6 brothers and sisters at home, but never as Qian Sheng complaining they will talk to, planned your brother's life a success. (End text)
(Original title: "death bonds" Li Huailiang dissatisfied with moral compensation decisions for reconsideration)
中新网平顶山12月21日电(记者 门杰丹)近日，“死刑保证书案”当事人李怀亮收到98万余元国家赔偿，再次引发公众关注。作为被限制4282天人身自由的赔偿，李怀亮及其家人能否接受，“死刑保证书案”是否就此画上句号？12月21日，记者进行采访时获悉，李怀亮家人经过4天的商量，认为精神赔偿等不合理，决定申请复议，代理律师已将复议申请写好，下周一递交。另外，李怀亮家人表示，将来收到赔偿后，要安排好李怀亮今后的生活，家人相互之间不会为钱生怨。
错误羁押12年，李怀亮家破人亡
2001年，河南平顶山市叶县湾李村村民李怀亮涉嫌一起故意杀人案被捕。案件历经七审三判，均因“事实不清，证据不足”被上级法院发回重审。2004年，平顶山中院在证据不足、争议较大的情况下，为了避免被害人家属上访，与家属约定尽量判李怀亮死刑，即“死刑保证书案”。2013年4月25日，平顶山中院以事实不清、证据不足，事实不能成立为由，判决李怀亮无罪，被关押了12年的李怀亮当庭释放。6月3日，李怀亮提出380.1247万元的国家赔偿申请，12月17日，平顶山中院作出国家赔偿决定：赔偿李怀亮被限制人身自由4282天的赔偿金78.08227万元，精神损害抚慰金20万元；驳回李怀亮的其他赔偿请求。
对这一赔偿决定，李怀亮及其家人能否接受，“死刑保证书案”是否就此画上句号？12月21日，记者带着公众的关心，前赴叶县进行采访。
记者在李怀亮姐姐家，见到了李怀亮。虽然离开看守所已经半年多，但李怀亮依旧显得精神呆滞，话语不多。当年进入看守所时年仅35岁的他，现如今已经两鬓斑白。12年间，物是人非，在他看来恍如隔世。
“原先我的父亲、母亲都活着。我(从看守所)出来了，母亲却含恨离世了，俩闺女也都出嫁了，感觉对不起她们，没有赡养老人，也没能照顾孩子，没在家，啥都管不成。”李怀亮说话间，反复强调：“咱又没杀人，没有杀她的妞，咱又没坏良心。”
“俺娘最挂心小儿子怀亮，到最后含恨离世，他妻子也离家出走，孩子也没法上学，都家破人亡了。”李怀亮的姐姐李爱梅声音哽咽地说：“他出来后跟妻子联系上，妻子回来住了20多天又走了，说是在外边打工。案子还没结果，家里老房子破得住不成，她咋在家待？”
认为精神赔偿等不合理，李怀亮决定申请复议
对于获得98万元国家赔偿，李怀亮认为不足以弥补他所受的伤害。
李爱梅说，与浙江叔侄案的赔偿相比，弟弟的赔偿偏低。浙江案件，羁押10年，赔偿110万，而弟弟被无辜关押12年，仅赔偿98万元。“精神损失，浙江的是45万，平顶山他给了20万，一年还不到2万元。”
“虽然说，98万元赔偿也不算少，也够怀亮买房置业，顾住后半生生活，但是外界不知道这12年中间，怀亮家破人亡，我们家人还打官司请律师，折腾一回又一回，花的钱受的折磨不说，怀亮在看守所更受罪。”李爱梅告诉记者：“家人这几天商量过了，决定申请复议，这个官司一定要打到最后，求个公正。”
代理律师蔺文财告诉记者，目前复议申请书已经写好了，决定下周一递交。“这个赔偿是不合理的，尤其是精神损失费。浙江案件，在监狱羁押10年，每个月家属可以看望，是半限制人身自由；李怀亮在看守所羁押12年，是完全限制人身自由，精神赔偿20万肯定少，所以提出54万元精神赔偿。另外，还有一个节假日的加班费，因为李怀亮在押12年间，每个节假日照样押着没放回家，等于是在加班，按照劳动法规定，应该给加班费。”
“既然劳动法已经规定了，被押人没休息，也有享受的权利，关于这一点，以前在几个案子中也提过几次，法律是靠大家推动才进步的。”蔺文财说，依照上述意见，决定提出147万元的赔偿。
李爱梅：收到赔偿款安排好李怀亮今后生活
李爱梅告诉记者说，现在弟弟身体正在恢复，替他租了个房子，不忙的时候就叫他过来一起吃饭，带他熟悉周围生活环境，教他做饭等。将来等赔偿下来，尽量让他们夫妻跟以前一样一起生活，在老家盖房子或是在县城买房子。弟弟还不到50岁，不是做生意的料，就是做不了生意，身体恢复了，可以找个活干，把他安排好，不能让他再受罪了。
采访中，平顶山中级人民法院赔偿办主任许道印称：“这次国家赔偿是对他原来错误羁押造成的限制人身自由的赔偿。如果说今后查明李怀亮是真凶的话，还是会对他进一步判决，不过不用再追缴这次国家赔偿。”
将来对于这笔钱的使用，李爱梅表示，虽然家里兄弟姐妹6个，但绝不会因为钱生怨，他们会商量着来，把弟弟的后半生安排圆满。(完)
(原标题：“死刑保证书案”李怀亮不满精神赔偿决定复议)
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