's money is very difficult, but also impossible to bribe a judge, the judge is within the scope of its discretion to the trial 's. They introduced the conviction was not a two-judge to do it, but after a judicial committee. In accordance with the relevant laws and regulations, may be sentenced to death penalty cases must be discussed and decided by the judicial committee. High Court judicial committee has 27 members, led by the court, the backbone of the business, each to be a member of more than half in order to discuss, and to be a member of more than half (14 or more) to agree to the verdict to judgment Li Changkui case is no exception . Therefore, the program is completely legal case, the fact that the evidence is also clear, just on the applicable law, we have different views. "Li Changkui case is a civil contradictions, social harm is relatively much smaller Li Changkui case of social harm in the end Zhao Jiansheng first talked about a case. Found a house in a district, a thief through the check out the location did not always one night he was over the wall, and did not expect to encounter a business trip master, master, crying revolt,アディダス スニーカー, the thief took out a knife to kill a prepared up, grab something to escape. For a time, the residential tenants every family tension, fear, have installed security doors, security windows. Also in this district, a couple in contradiction, the husband killed his wife, mother-in-law. Which became the talk of gossip residential tenants, they accused this man was cruel, not filial. These two cases represent the two types of intentional homicide cases, one is seriously endangered public security intentional homicide, another intentional homicide caused by civil conflicts, marriage and family,mulberry outlet, or neighborhood disputes. The first is not specific object has a tremendous effect on people's sense of security, a great social harm; second for a specific object, the relatively small number of social harm. While the Li Changkui case, the defendant and the victim of two in the same village, Li Changkui back Wang Jiafei mentioned pro occurred because the two disputes Li Changkui back from the field and implement crime. Therefore, the case belongs to the second type. "Sharenchangming" traditional "less kill cautious kill" different philosophy "is also a death penalty,バーバリー, social harm, and we should be treated differently." Said Zhao Jiansheng, the Supreme Court requirements, caused by civil conflicts, marriage and family conflicts, neighborhood disputes of the cases, the application of the death penalty to be very careful. Implement the criminal policy of "combining punishment with leniency", is also a national standing in the perspective of society as a whole, the development of criminal justice policy. This has some differences with the traditional Chinese consciousness "Sharenchangming" concept. In 2007, the countries of the Death Penalty in the provinces reverted to the Supreme Court. 13 kinds abolished the death penalty in the overhaul of the criminal law this year. "The strict control of the country on the death penalty, the hole in tighter and tighter." The Supreme Court has also issued some guidance cases, around the court as the reference. "I think family members is not necessarily murder to treat trauma Networks is a Han Shasheng on whether it is a progressive consciousness " Zhao Jiansheng said, "You killed him, his family came to kill you, retribution when it "society as a whole or entrenched Sharenchangming homomorphism Revenge awareness of our judicial philosophy requires less kill, Shen kill. Many countries have now abolished the death penalty. Therefore, when the judges to deprive a person of life, is bound to be cautious, to consider all sorts of things. Surrendered is not bound to a lighter, all factors to consider whether netizens hot surrendered became "free dead cards. Zhao Jiansheng said, surrendered is an important element of the criminal law, is the source of "a statutory mitigating circumstances surrendered arms do not kill" the wartime preferential treatment of prisoners, the collapse of the enemy, is a magic weapon of defeat. While the law provides for surrender, the purpose of differentiation, the collapse of the crime,ヴィトン, education reforms criminals. He also said that the law, surrendered "can" be punished more leniently,ヴィトン バッグ, but not necessarily lighter punishment, some of the circumstances of the crime is particularly bad, a great social harm cases, can not be punished more leniently. However, the purpose of the legislation is to encourage criminals to give themselves up. Li Changkui case, he did have surrendered plot, which depends on the judge on the specific circumstances of the analysis to determine whether the applicable surrendered. "If you surrendered must be reflected in the specific sentencing law can not fully play the role of" Tian Cheng have said, a repentance of heart, surrendered truthful account, you can get some tolerance. Otherwise, the future nobody will select surrendered. "The whole society should be more rational, more tolerant." ■ Q Why does not the death penalty Internet users are most concerned about is the same surrendered the Li Changkui the rape and murder of a young girl killed boy, the circumstances of the crime than drug house Xin "bad",ナイキ シューズ, why drugs are punishable by death, while Li Changkui sentenced to death with reprieve In this regard, Zhao Jiansheng said, people will compare different cases, normal thinking, but the court to the people to explain clearly the reasons indeed. Because the judge as to the implementation of a national criminal justice policy, holds the reins, to kill or not to kill Whether a person has the necessary capital punishment He than the general population to consider more. The law not only to punish a person, but also save a person. Tian Cheng have said Li Changkui victims are neighbors, before the emotional conflicts, two civil disputes, their crimes are some reasons. The law is not harsh to the 1 +1 = 2 kind of situation, otherwise it becomes a concept law. Zhaotong Intermediate People's Court of First Instance judgment and the judgment of the High Court is not the same,ルイヴィトン, "he said, a judge to handle cases according to law, in line with legal procedures, in the application of the law is to explore space., But are in line with the prudent the attitude made according to the law. Judgment, why not include full not kill the grounds Many Internet users believe that the judgment in this case is abstract and simple, not enough to convince the public. Zhaotong Intermediate People's Court of First Instance that: although Lee surrendered plot, but not enough to be given a lighter punishment according to law, so the death penalty ; Yunnan Higher People's Court upheld the view that: Lee evil, but turned himself in to actively compensate the plot, so the reprieve. involving human life, these two sets of "While ... but" are not the truth talked about daylight this regard, Zhao Kin Sang said, which is decided by the judicial system in our country, and the writing of the judgment is summarized, the judge is not free to play because we are civil law countries. "a judgment of some of the judges of the common law system, with a book He said that in the West, on the basis of the court case, in addition to legal conscience of the judge, so the judge to write clear his conscience to the public to see. they, in turn, elected judges are generally prestige, perfect protection system of judges, so the judge can in judgment on free play. "our judicial development that step. "Do not kill will indulge crime If only emphasizes less kill, be careful to kill even the abolition of the death penalty will not let the criminals have chances indulgence crime it ,ポロシャツ, Zhao Jiansheng said, anything has advantages and disadvantages, only weighing the pros and cons select the advantages outweigh the disadvantages of the program. jurist Beccaria once said: "The penalty's deterrent force is not in its harsh but in its inevitability. "Penalty even severely, if a person commits a crime and not get punished so severely for him for nothing. Penalty is less severe, but a crime, no matter where he fled, are inevitable punished, then he would think that crime by punishment is inevitable, crime will "look before you leap", he said, is not to indulge crime, Li Changkui severe penalties have also been sentenced to death with reprieve. penalty's deterrent embodied. Tian Cheng stressed, to kill or not to kill, the court would take seriously the recommendations of public opinion, but not to decide cases to national criminal policy and legal Our society needs a more rational sentenced a man to death, not to the public carnival It is reported that most of the Court's findings will be released recently. ■ related cases grudge killing friend, the death sentence was commuted reprieve Judge: kill his two generations start a feud, leaving his also for this family the Atonement Li Changkui case by the High Court criminal four tribunal hearing yesterday,ラルフローレン, said Zhao Lin, the President of the Tribunal, 2007 contracting a case with the case is somewhat similar to the more than 20-year-old man Pengmou do yard administrator in a hotel in Kunming,サッカー ユニフォーム, a security guard and the hotel is a good friend but security to make fun of him on different occasions, he harbored a grudge against the fierce stab knife to kill the security. arrested, Kunming hospital Pengmou sentenced to death. appeal to the Higher Court. victim's father was a village cadres, he was asked to maintain the death penalty. judges take into account are both poor farmers, economic conditions to do the work of the victims father, that because the Pengmou family members never came forward Daosheng apologized, they are "gambling breath. judge will inform Pengmou family members. Subsequently, a poverty-stricken pengjiachang loans 60,000 come to court to give victims father. Pengmou door, sister gave old father knelt down and cried and said: "my brother give you cause injury, I would like atonement for him, you lost a son to me to do for her daughter, to spare his life! "Subsequently, and judges together to buy gifts, the car came to sit for more than seven hours the Luquan mountainous victim home girl go in helping cooking, like to own home old man moved, subsequently wrote a "letter of understanding". judges fully integrated Pengmou plea attitude, positive compensation and obtain the understanding of victims' families,ポロラルフローレン, etc., commuted the death sentence with a reprieve. "the case Pengmou has not voluntarily surrendered themselves, but he kill some reason, not yet to insist sentenced to the death penalty point. Kill two would the generations start a feud, keep could come atonement for this family. Zhao Lin said, to why often death penalty commuted in the second instance, because the court of second instance has a balance functions,mulberry outlet uk, standing in a more comprehensive perspective to consider, the Supreme Court will have to stand on the height of the country to be considered. (Cao Honglei)
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