'Criminal' delays compensation claim
By Di Fang (China Daily)
Updated: 2005-04-28 05:50

A man wrongly jailed for "murdering" his wife is postponing his appeal for State compensation because the legal rules for applying for it are unclear.

She Xianglin served 11 years in prison for killing his wife.

The woman recently turned up in their hometown, proving once and for all that her husband had been convicted for something he did not do.

Zhang Chengmao, She's lawyer, said he would postpone seeking State compensation, the Beijing Youth Daily reported.

She Xianglin was declared innocent and released during a retrial by Jingshan People's Court in North China's Hubei Province on April 13.

He is said to have suffered greatly, both physically and mentally, during his ordeal. It is alleged a confession was forced from him.

Lawyer Zhang said: "The current State Compensation Law has no regulations about economic compensation for mental injuries. Only general principles of civil law have some articles related to the compensation for mental injury. Now, there are calls for amending the State Compensation Law. I decided to postpone the application until a better opportunity comes."

Zhang told the Beijing Youth Daily that some legal facts are still not very clear, another reason why it is not a good time to apply for State compensation. The case needs to be looked at and every detail checked and rechecked to see how She ended up behind bars for so long. Zhang said he planned to write to the Supreme People's Court, suggesting it look at the issue of economic compensation for mental injuries.

"The best opportunity for seeking State compensation will come only when the legal facts are clear and the laws are completed," Zhang said.

Although She has a belated "not guilty" verdict and the opportunity to rebuild his life, there are still many questionable aspects to his case.

For example, who was the woman whose corpse was mistakenly confirmed as She's wife, Zhang Zaiyu, 11 years ago? Now local police are investigating.

According to the Nanfang Metropolis News, police in Jingshan have exhumed the remains of the woman buried more than a decade ago. Hair and bone samples will be sent for DNA tests.

Another key question is why were apparent sightings of She's wife not properly followed up?

She's story stunned the nation. But the tale is not unique.

In another case, Li Huawei, in Yingkou, Northeast China's Liaoning Province, was sentenced to death with a two-year reprieve for murdering his wife (who was six months pregnant) in 1989. But in 2000, he was found innocent when the real culprit was arrested and pleaded guilty, according to the Shenyang-based Business Times.

(China Daily 04/28/2005 page3)

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