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Wang Jihui, a murderer in Puyang, was executed.
Wang Jihui, a prisoner on death row in Puyang Detention Center, volunteered to donate his kidney to Zhang Hongwei, a high school student with renal failure who needed a kidney transplant urgently, and successfully matched it. However, the operation scheduled for April 26th was not performed until today. In the extremely tight economy and relying on social assistance, patients spend a lot of money waiting for surgery in the hospital every day, and they are very anxious. The prisoners who stayed in the prison were ready for operation at any time, but they were not directly informed of the operation.

There are different opinions about the reasons for the expected operation delay. A typical guess is: As Wang Jihui filed an appeal after being sentenced to death in the first instance, he is waiting for the second instance, and the relevant parties are worried that his request for a new kidney and life will affect the judgment of the second instance. Another problem is how to ensure the personal rights of Wang Jihui during the preparation and operation, and how to ensure that the personal rights of others are not threatened by a condemned man.

Recently, the reporter rushed to Henan and interviewed all parties involved in this incident, including Wang Jihui, a prisoner on death row, to investigate the reasons for the suspension of kidney donation.

■ The hospital can operate at any time. Why are patients stupid?

Zhang Hongwei, 19 years old, is a senior three student in qingfeng county No.1 Middle School, Puyang City, Henan Province. If he didn't have renal failure, he should have sat in the examination room with many children of the same age to take the college entrance examination this time this year, but fate played a joke on him and suddenly changed his life.

When the reporter saw Zhang Hongwei in the ward of the First Affiliated Hospital of Zhengzhou University, he was sitting in a patient's bed and talking with the patient. The patient in bed looks fine.

Zhang Hongwei just finished dialysis this morning, with a tube and bandage around his neck. He told reporters that the patient he just chatted with had just finished kidney transplantation and recovered well. Now he has no symptoms. Like a healthy person, he will soon be discharged from the hospital and return to work. When he said this to the reporter, he lowered his eyes and never dared to look up at the reporter again. His head hung lower and lower, and his hands kept twisting the corners of his clothes.

After a silence for a while, he suddenly looked up at the reporter helplessly and said, "Can you help me ask when the operation will be done? I can't wait. First of all, we have no money at all. If we wait any longer, we will have no money for surgery. Besides, I really want to go back to school. As farmers, we have no place to ask many questions, so we wait here. Why did the operation stop? There are a lot of rumors outside now. Which one is true? "

The reporter learned that Zhang Hongwei's mother suffered from rectal cancer in 2000 and lived on drugs and injections all the year round. Her family has been in debt for a long time. After Zhang Hongwei's illness, his father, Zhang, became bald almost overnight, and people cried for decades. It seems that tears have become the only way for him to relieve stress.

Through donations from all walks of life, Zhang Hongwei's life has been maintained to this day. Zhang Hongwei told reporters: "The patient I just received waited for half a year before waiting for a suitable kidney match. I heard that some people can't wait for a suitable kidney match for years. If they have money, they can still live on dialysis and wait for the kidney source. If you have no money and no kidney source, you can only wait for death if you can't change your kidney! "

Zhang said: "We are just waiting here now, and we don't know when the result will come. Nobody told us when we could have the operation. It is widely circulated that the court is afraid of affecting the judgment of the second instance and won't let us do it. I want to go to the court to ask, but I can't even get in the gate, and I can't ask anything at all. I am really anxious, and now the operation has been postponed for more than a month! "

An attending doctor in Zhang Hongwei told reporters: "It is difficult to find a suitable match for patients who need kidney transplantation. It is rare for Zhang Hongwei to be worthy of this condemned man. This is a once-in-a-lifetime opportunity for patients. In fact, it is an opportunity to save lives and should be cherished. "

He also told reporters: "Our hospital has been doing kidney transplantation since the 1980s, and hundreds of cases have been done before and after, and there has never been a living death. This operation is technically mature and there are not many problems. We are confident. But there will be minor accidents, including appendectomy, and you can't stop the operation because you are afraid of problems. The hospital can perform surgery at any time, and now is not the reason for the hospital to stop surgery. "

■ Changing kidneys for life is a misunderstanding. I just want to do good and make amends.

Wang Jihui, male, born in April of 198 1, stole in a hotel on September 2, 2000, and was discovered by hotel employee Wang Jianjun. Cruelly hacked the king to death and fled. After four years' escape, Wang Jihui was arrested by Shijiazhuang public security department for theft, and confessed the fact of killing people four years ago. Sentenced to death by Puyang Intermediate People's Court.

In Puyang Detention Center, the reporter met Wang Jihui. Although he was handcuffed and shackled, he looked fine and kept smiling. He asked him why he was so happy. He said: "The detention center just gave me a birthday, so big. As a child in the countryside, I have never had such a grand birthday. "

Wang Jihui told reporters that in the four years after his murder and escape, he had no identity card, no job and no friends. He was on tenterhooks all day and didn't even sleep well at night for fear that his parents would not dare to go home. When I heard the siren and saw the police car, my heart was shaking and my legs were shaking. For four years, he mainly worked as a coolie in the labor market and finished it in one day. Hard work is like moving cement against the wall, earning a meal and eating a meal, and my heart is hanging all day.

When it comes to kidney donation, Wang Jihui said, "Kill people for their lives. In the detention center, after such a long time of education by prison staff, I have long realized my sin and harm to society. I never wanted to trade my kidney for my life. I just want to make amends before I die. Wouldn't it be better to save a life? Otherwise, it's no use taking it to the soil when I die. In fact, when I was fleeing in Shijiazhuang, I saw a report on TV that the condemned man donated his kidney to atone for his sin. I know that I will be sentenced to death sooner or later, so I have long thought about it. "

Wang Jihui said that he saw a report on TV that Zhang Hongwei needed a kidney transplant and felt sorry for Zhang Hongwei. At that time, he decided to donate his kidney and wrote an application. He wrote in the application: "Dear leader, if using my kidney can save this student's life and make me wash away my sins in my last days and compensate for the harm I have brought to society, my soul will be comforted ..."

Wang Jihui said, "I have seen Zhang Hongwei. His father is very grateful to me. I don't ask them to thank me. I just hope the operation will succeed. He will go back to school early and study hard. After he has achieved something in the future, he can repay the society for me because I have no ability to contribute to society. "

When the reporter asked him, maybe there would be an accident during the operation, was he afraid? Will others take responsibility?

He replied, "No, I'm on death row anyway. Life is meaningless to me. I will die sooner or later. It is still meaningful to save that student's life. The outside world doesn't have to doubt my motives at all, so I can judge what I should do, which has nothing to do with my kidney donation. It is only natural to kill for life. I brought so much pain to the families of the deceased and hurt the society. I regret it very much I just want to make amends and do something good before I die. "

■ Family members didn't ask for commutation to save lives.

Wang Jihui was sentenced to death for killing Wang Jianjun. Therefore, bringing Wang Jihui to justice is probably the most reasonable request and hope of Wang Jianjun and his family.

What do the family of the victim Wang Jianjun think of this matter? The reporter rushed to an extremely remote and poor mountain village where Wang Jianjun lived.

At the home of the deceased Wang Jianjun, the reporter met his parents and sister. This is an extremely poor family. After Wang Jianjun was killed, his wife went back to her mother's house, only a two-year-old child was fostered in her uncle's house, and her grandfather in his fifties went out to work to support his children. Speaking of Wang Jianjun, his mother, who was insane because of Wang Jianjun's death, held out Wang Jianjun's portrait with her skinny hands. Although Wang Jianjun has been dead for several years, his mother has kept his ID card and some photos of him before his death. Mother told reporters that it has been several years, sleeping with the portrait every day, and no one can take it away.

They have seen Wang Jihui donate her kidney on TV, but as a mother, she can't accept her son's death. She said, "We have no problem with Wang Jihui's saving his life, but the death penalty can't be changed, otherwise my son will die unjustly and be chopped a lot. That's terrible! I can't accept it. " Wang's mother said that she must want to change his life through this incident.

Wang Jianjun's father was silent with tears in his eyes. At last he sighed and said, "My son is dead and hopeless. Wang Jihui thought of saving a life before he died, which shows that he still has a conscience. As long as he can save the child, I'm glad he didn't die in the end, because he saved others' lives. "

Wang Jianjun's sister cried and said, "Didn't you say that saving a life is better than building a seven-level pagoda?" He really saved people's lives, and we are glad not to let him die. At least he has a particularly good influence on society and can increase the love of some people. I hope there are more good people in society. "

The reporter also interviewed Wang Jihui's parents at his home. Regarding the son's kidney donation, his parents said that they didn't know about it until the media reported it. They said, "Wang Jihui killed a man, which did harm to society. Now he can do something for the society and save others' lives by donating his kidney. We supported his decision and never asked the court to reduce his sentence because he donated his kidney. We don't have any requirements. We just want to tell him that since we have this idea, we must be strong and stand the pain and toss in the operation. We don't expect anything in return from the Zhang Hongwei family. Money is a thing outside the body. Rural people don't understand the law, but they believe that the law is fair. "

■ The beneficiary's family members are grateful for the open letter and hope for mercy outside the law.

Wang Jihui didn't change his mind, and Zhang Hongwei eagerly awaited the operation. Why didn't you have the expected operation?

In the interview, Zhang Hongwei's father told the reporter a detail: When Wang Jihui decided to donate his kidney, that is, on the eve of the operation, he wrote an open letter to the Henan Intermediate People's Court and the Higher People's Court, requesting that his kidney be donated to the condemned man and his sentence be reduced. Zhang wrote in the letter: "He donated his kidney to my children, which is a timely help for our reborn parents! I don't know the law, but I clearly know that he is repenting and making meritorious deeds. I don't know if there is any precedent for commutation or commutation of death sentence in China, but my conscience tells me that as long as there is one in ten thousand hope, I must appeal for this child ... "

Zhang Dui said, "We can't be the home of law. How the law decides this is a legal issue. But people donated kidneys for our children and saved our lives. After suffering so much, we feel obligated to appeal for others and try to see if we can save their lives. In theory, I think we should do this. "

A patient in Zhang Hongwei said: "Because we read this letter, we felt that the court was afraid and the operation could not be carried out."

It is understood that since the death row tried to donate a kidney, all walks of life, including some media, have different opinions. Many people suspect that Wang Jihui, a death row inmate, may be trading his kidney for his life, and the court is worried that this will affect the judgment of the second instance. So is the court really afraid of affecting the judgment of the second instance, or is it because of Zhang's two open letters that affect the operation, as people have analyzed?

The reporter went to the Higher People's Court of Henan Province for this purpose, but the court spokesperson refused to be interviewed.

Zhang Hongwei said, "Actually, I have met Wang Jihui, and I don't think he meant to exchange his kidney for his life. He just told me at that time that he hoped I would make some contribution to the society for him and atone for him! We can't think of anyone who won't allow this operation. "

■ More than 100 calls were made to the detention center. More than one prisoner wants to donate his kidney.

In Puyang Detention Center, the reporter learned that besides Wang Jihui, another condemned prisoner named Zhang Yuhai had planned to donate his kidney to Zhang Hongwei. Zhang Yuhin, 37, was sentenced to death for intentional homicide. Speaking of this, Lan Jinling, director of Puyang Detention Center, said that in fact, Zhang Yuhai had the idea of donating organs before Wang Jihui. His initial idea was that if the death sentence was suspended in the first instance, he would donate a kidney to save others' lives. If he is sentenced to death, he will donate all his useful organs to those who need them. When Wang Jihui asked to donate a kidney for Zhang Hongwei, he knew there was such an opportunity, so he also wrote an application for donating a kidney for Zhang Hongwei.

Zhang Yuhai and Wang Jihui matched Zhang Hongwei at the same time, but Zhang Yuhai's match did not match Zhang Hongwei's, which made him particularly sorry.

Lan Jinling said in an interview that it is gratifying that the two condemned prisoners wanted to donate their kidneys before their death. This shows that they have shown goodwill through transformation and actively want to repay the society and atone for their sins. This kind of behavior deserves to be supported and advocated. If all condemned prisoners do this, it will also reflect the achievements of our reform and have a positive inspiration and education for others. Besides, there are still many patients waiting.

Lan Jinling also said, "But how to donate, the state should introduce policies as soon as possible. Since this incident was reported, within one month, we received more than 0/00 calls from the society asking for kidney source. It is rare for Wang Jihui to donate organs purposefully and purposefully, and it is so ingenious and appropriate. Why not support saving a life? "

As for whether to change kidneys for life, Lan Jinling said that through observation, prisoners did not change kidneys for life, and those who were sentenced to death in the first instance rarely changed their sentences, because our country's laws are strict and the first instance is basically in place. The success of kidney donation has no influence on his judgment. According to the laws of our country, the death penalty can only be mitigated if the person sentenced to death has made significant meritorious service, such as preventing others from engaging in major criminal activities; Wang Jihui did not have the opportunity and conditions to make contributions in exposing major criminal activities inside and outside the prison. Like other citizens, donating kidneys is an act of love.

■ Who is responsible for the death penalty? The detention center called for someone to take the lead.

In this interview, the reporter found that it is widely expected to ensure the smooth operation of kidney transplantation, so what is the reason why the operation has not been carried out?

Lan Jinling said in an interview: "At first, the operation stopped because the patient was unwell and not suitable for surgery."

But now the hospital thinks that the patient's body can withstand the operation. Why didn't the detention center send Wang Jihui to the hospital?

Lan Jinling said frankly: "To be honest, we have not received any notice that surgery is not allowed in any department." However, he added, "If the detention center makes a decision rashly, it will take responsibility if something goes wrong. Therefore, detention centers need the support of all sectors of society, including public security, law enforcement, health and other departments. In private, we also communicated with our friends in court. What we are most worried about now is the accident during the operation. The duty of the detention center is to ensure the safety and corresponding personal rights of detainees and ensure the smooth progress of criminal proceedings. When a prisoner is in custody, one dies and the other escapes, which will affect the criminal proceedings and make the second trial impossible. "

At the end of the interview, the reporter asked Director Lan what is the key to ensure the operation as soon as possible? He said: "If the provincial or municipal political and legal committees come forward and organize public, procuratorial, legal and legal departments, including the Health Red Cross, to hold a coordination meeting and work out specific plans, if there are problems in operation, everyone will share them, and there will be no responsibility problem. The question now is who will take the lead. Now everyone is hanging high, and no one will stand up. The detention center wants to stand out, but its appeal is not strong enough. We simply have no ability to convene these units. "

Finally, Director Lan told the reporter that he hoped that this matter would attract the attention of relevant departments and leaders, so that the operation could be carried out smoothly as soon as possible and the wishes of all those who care about this matter could be realized. "But if no one comes forward, this operation will have to wait until after the second-instance judgment."

visual angle

■ Due to the lack of judicial interpretation, the prospect of kidney donation on death row is pessimistic.

Professor Liu Defa, a well-known legal expert in Henan Province, director of the Criminal Law Research Association of China and director of the Criminal Law Teaching and Research Department of Zhengzhou University, believes that there is no precedent for the executor to donate organs in the second instance proceedings in China, and the lack of corresponding legal provisions for reference is the main reason for the court's concern. Although for ordinary people, it can be done without prohibition by law, for public rights, no law means no authorization.

Therefore, Liu Defa called on the Supreme People's Court to make corresponding judicial interpretation as soon as possible.

Liu Defafang believes that prisoners with capacity have the right to dispose of their organs. It is indeed very dangerous to let the condemned prisoner leave the supervision place for kidney donation surgery, such as suicide and self-mutilation. However, if the safety measures are fully in place, organ donation by condemned prisoners is still worth encouraging and beneficial to society.

Liu Defa said that if during the operation, the death of the condemned prisoner was caused by living kidney transplantation in the hospital, it could only be treated as a general medical accident, and it had nothing to do with the detention center as the supervision unit and the court as the operation approval unit. If the kidney donation operation is successful, no matter what the donor's motivation is, according to the relevant provisions of the criminal law, this donation behavior is a major meritorious service, and it is possible, but not inevitable, to change the judgment in the second instance.

■ Personal freedom is the premise of realizing other human rights.

Although Wang Jihui is on death row, he has not been deprived of his basic human rights. He volunteered to donate his kidney to middle school students who are in urgent need of kidney replacement, so naturally he should agree. However, we must face the reality that Wang Jihui, as a prisoner on death row, was deprived of his personal freedom, which made the human right of organ donation lose the most basic condition-opportunity. Because Wang Jihui is in prison, he can't go to the hospital, and his kidney can't "run" from him to the middle school student. No one can help him (them) Although the kidney donation operation can be completed under the supervision of the armed police, there is no legal permission for such an act, and in fact it is difficult to have such permission, because once this case is tried, the armed police guarding the prisoners will become "bodyguards", blood donation, skin donation and other human rights affairs can be carried out normally, and the right to punish deprivation of freedom will no longer exist.

The realization of many people's rights must be based on freedom, which is precious and punishment for deprivation of freedom. At this moment, we may better understand the meaning of petofi's "highest free price".