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一、从两起案例引发的关于我国刑事诉讼价值观的思考1.刘涌案:原沈阳嘉阳集团董事长刘涌因犯下黑社会性质组织罪等多项罪名,一审判处死刑,二审改判死缓。在公众纷纷对刘涌一案的二审判决结果表示质疑,并且二审判决书本身存在诸多难以解释的疑问时,最高人民法院对该案提审。改判中的一个关键问题就是证据的可信度的问题。辩护人拿出了存在刑讯逼供的证据,使公诉方证据的可信度下降。但最高人民法院最终判处刘涌死刑。
I. Reflections on the Criminal Procedural Values of China from Two Cases 1. Liu Yong Case: Liu Yong, former chairman of Shenyang Jiayang Group, was convicted of death penalty for committing crimes of underworld nature and sentenced to death in the first instance. When the public has expressed doubts about the verdict of the second instance of Liu Yong’s case and there are many difficult questions to explain in the second instance verdict, the Supreme People’s Court put the case on trial. One of the key issues in the revision is the question of the credibility of the evidence. The defender came up with evidence of extortion by torture, which reduced the credibility of the prosecutor’s evidence. However, the Supreme People’s Court finally sentenced Liu Yong to death.