[Case: meet the urban management law enforcement sell chicken, sausage snacks of laid-off workers Xia Junfeng and his wife Zhang Jing on May 16, 2009, stand, was forced to pull the car off the sole process. Back to the Urban Management Bureau Service room after being hit, folding fruit knife with his pocket sausage usually cut through the law enforcement personnel, resulting in two deaths and one injury.

    A trial was to "intentional homicide" sentenced to death, and civil compensation of 650000 more than 9 yuan. Recently, the Liaoning High Court made a second sentence in jail, to maintain the death penalty verdict.

    The Xia Junfeng family found 6 witnesses to prove their beaten, were not allowed to testify in court, this is very beneficial to the evidence even proof opportunities are deprived of.

    In his judgment, Xia Junfeng emotional, shouted "you lie". Xia Junfeng's wife said, court of second instance ignored the facts, no fair case, she will continue to make efforts to fight for justice.

    China University of Political Science and Law law school Teng BiaoThe plea instance does Xia Junfeng speak in excitement emotion, righteousness, careful thinking, some rational beings, as many US and European court debate the classic plot.The full text is as follows:]

 

    As Xia Junfeng's counsel, I first of all to the families of the victims expressed sympathy; whether Xia Junfeng was guilty or not, two civilian deaths always lets a person very much regret. I shall also submit to the court that,Two officers and Xia Junfeng, were victims of urban management system, the court today is doomed to be a war without winners. We want to avoid is a tragedy to trigger a new tragedy, a mistake with a new error. The law is the law, we can't take the law of personal feelings and political pressure and other factors on the law.

 

    In accordance with the principle of law and the provisions of the criminal procedure law article 186th, object of trial procedure of second instance is the first instance judgment is correct. I want to prove to the court that is, a judgment that Xia Junfeng composed the crime of intentional homicide, qualitative error, error in the application of the law, the prosecution charges cannot be established; a trial. Xia Junfeng was sentenced to death penalty, is wrong, contrary to the provisions of relevant laws.

 

    A, a judgment that Xia Junfeng composed the crime of intentional homicide, belongs to a qualitative error.

 

    1, before the crime Xia Junfeng does not know the two victim, nothing to do, cause of the case is the city of Shenhe District in May 16, 2009, Shen Kai Zhang Xudong more than a dozen people were brutal law enforcement.

 

    The witness, Zhang Jie, Jia Ziqiang, Shi Chunmei Shang Haitao, Zhang Zhongwen proved that, "urban management to seize, snatch the gas tank, (such as sausage skewers) throw things on the ground. His wife not to throw, a dozen of area around Xiamou began to play, summer and don't fight did not let go, playing a back and forth summer down, or stand." A Xia Junfeng's shoes were officers stepped out in the field, in the first instance has been submitted as evidence and show. Xia Junfeng's statement, "the city like bandits and throw it on the ground, we beg for mercy, said today Saturday, they say 'stop', an area hit me on the back of the head......" His wife Zhang Jing's testimony also proves that Xia Junfeng is more than a dozen people were beaten. Urban management and the testimony of Zu Minghui also acknowledged that, Xia Junfeng's gas tank "is we take down, in trucks." (volume three, 34 pages)

 

    2, in the brutal law enforcement, urban management and forcibly pulled Xia Junfeng up, and brought to the office for assault. So, the victim Shen Kai, Zhang Xudong at the time of the behavior constitutes the crime of illegal detention.

 

    The witness, Zhang Jie, Jia Ziqiang, Shang Haitao, Shi Chunmei, Zhang Zhongwen, is the urban management officers forcibly pulled Xia Junfeng into the car, not active on Xia Junfeng. Xia Junfeng's confession, his wife Zhang Jing's testimony also proved this point. (Xia Junfeng February 25, 2010 record of inquiry: "three or four yanked me into their car. I struggle, don't want to go with them. ") Zhang Wei's testimony was "Xia Junfeng active car", and Zhang Jing, the 5 people such as Shang Haitao's testimonies contradict, a judgment has no explanation for this. Counsel notes, before and after Zhang Wei's testimony contradiction, not admissible. Such as the May 16th record, Zhang Wei mentioned Xia Junfeng stabbed him with a knife and chased him, but couldn't catch him. Contradiction is: how Xia Junfeng might not catch the last leg has been injured? And as of May 16th, the day of record unmistakably said, "can't see" Shen Kai and Zhang Xudong who was stabbed (volume three, 17 pages); but more than a month after the June 22nd record said "Xia Junfeng back on me, are used to tie Zhang Xudong." (volume three, 20 pages)

 

    This is obviously not in conformity with the laws of memory, is lying. Investigating the situation: Chengguan brutality, lest they shunned, urban overwhelm with numerical strength, not empty handed; Xia Jun Feng still beaten in said of peaceful times., under the watchful eyes of the people, to the tigers of the land will be how, one can imagine.Therefore "active car", only officers testimony, in fact just officers imagination.

 

    The crime of illegal detention, refers to the detention, detention or other compulsory method, illegal deprivation of personal liberty of others behavior.Nineteenth the provisions of administrative punishment law, only administrative penalties restricting personal freedom of the public security organs to exercise. Shenhe branch and the administrative law enforcement officers and of course have no right to restrict the personal freedom of citizens, forcibly pulled Xia Junfeng up and restrict the behavior in the office, already conformed to the crime of illegal detention of all elements. According to Xia Junfeng's multiple statements, bald police officers first reproached him "how can you can install B", and then hit him on the head with his fist, two people of Xia Junfeng the bald cuff and kick, also on the table at his iron cup. So Shen Kai, Zhang Xudong was not only constitutes the crime of illegal detention behavior, but also beat her plot, which belongs to the legal punishment aggravation. "Criminal law" 238th article: "illegal detention of a person or other unlawful deprivation of personal freedom of others, is less than three years imprisonment, criminal detention, control or deprivation of political rights. Having beaten, insult the plot, he shall be given a heavier punishment." At the same time, the State functionary crime of unlawful detention crime, he shall be given a heavier punishment.

 

    3, Xia Junfeng in custody, requires police officers will be its arm was beaten injured filmed, it proves that the urban management was beaten by the reality.

 

    Xia Junfeng before being caught office not injured, after several hours after the arrest, stabbed only in urban management office was beating. According to Xia Junfeng, stating, "was his two arms are hurt, black and blue. The root of the thigh with a large piece of bruises.There was no photography. The neck, back have cyanosis, and packet head, but no photography. Two months have been left ear tinnitus. Just as the arm, two photos of the court is." Xia Junfeng was beaten to the various parts of the body and the event process, and just a few minutes, Xia Junfeng was beaten and forced to defend city. But a trial of this two picture books, files in the courtShould neverMention. So the key to keep from talking about the evidence, the trial organs have lost neutrality at.

 

    Analysis of 4, from the wound, then Zhang, Shanghai two people are bent on Xia Junfeng for beating.

 

    The Shen Kai left chest and back stab wound, Zhang Xudong of the dead left upper chest stab wound, and had left on the lower right away or the right on the bottom left walking stab wound. First of all, non critical parts of the knife is not in conformity with the characteristics of intentional homicide, if is intentional homicide, in a very short period of time, may not be of no great importance to puncture site.

 

    Secondly, Shen Kai height 1.82 meters, Zhang Xudong height 1.80 meters, but Xia Junfeng only then 1.65 meters, if you are standing posture, can not be left on the lower right away or the right on the bottom left walking stab wound in the chest above form; when the summer Junfeng half kneeling position, right hand holding the knife, only forward above and the left shoulder up, to form the upper chest left on the lower right away or the right on the bottom left walking stab wound. It also shows that Xia Junfeng was kicked into a kneeling position, Shen Kai and Zhang Xudong has yet to stop the violence, but leaned to beat.

 

    Finally, Xia Junfeng is a small, Zhang, Shen two tall, power, social status and economic status disparity in urban management office, and the restriction of personal freedom, Xia Junfeng active beating two law enforcement team, not only conforms to common sense; sudden and urgent defense, to Zhang, Shen not dodge, can explain to a Shen, two people, and the number of times the area of the cut.

 

    The use of 5, Xia Junfeng defense knife, not prepared in advance; and when the situation with a knife defense, entirely instinctive.

 

    Xia Junfeng using the knife is usually cut sausage with, not premeditated preparations. He didn't start out the knife, not suddenly remembered a knife body; he is to be officers kicked down, with the hand to cover it, just felt in her pocket knife. Completely out of defensive instinct, he pulled out a knife to fight.

 

    6, the behavior of Xia JunfengIn accordance with the condition of justifiable defense.

 

    "PRC Criminal Law" Twentieth article: "in order to enable countries, the public interest, the person himself or herself or others, property and other legitimate rights from being infringed, and to the suppression of unlawful infringement behavior, causes harm to the unlawful infringer, belonging to the legitimate defence, and he shall not bear criminal responsibility." Intentional injury, murder, robbery, the ongoing rape, kidnapping and other serious violent crimes endangering personal safety, to take defensive actions, against illegal caused casualties, it is not undue defence, and he shall not bear criminal responsibility.

 

    According to Xia Junfeng's statement, "the law enforcement team. Tao Yexian got out of the car, open the door. Zhang Xudong asked:You in rural areas or in the city?I said: "what's the difference between ah, stall, is not easy." Had just entered the room, and later in a car, down a person (later that he called Shen Kai), he came into the room just scold me, hit me, fist in my head and ears, I would like to run out, and Shen Kai face to face, immediately Zhang Xudong took my collar caught not let me run, also hit me with his fist bites, with play, Zhang Xudong and Shen Kai took my clip, Zhang Xudong kicked my thigh, especially painful, my right knee kick kneel ground. I went to his place of pain, touch knife."

 

    At that time, Xia Junfeng was in a state of continuous illegal detention, was brutally beaten state did not stop. The process is carried out in the illegal infringement of the assailant, Xia Junfeng was forced to defend, meet all requirements of self-defence.

 

    Defensive behavior. 7, Xia Junfeng although caused two deaths and one injury consequences, but not excessive defense.

 

    Excessive defense is justifiable defence obviously exceeds the limits of necessity, major injury to infringer behavior. Generally speaking, in the face of the illegal infringement, if the use of moderate means to stop the infringement, do not use intense defense; when the violations have been stopped, should not continue to harm the offender. The "necessary" to grasp, must be combined with the environment, physical fitness, mental state, possible resistance means and related social background and other factors to consider.

 

    At that time, Xia Junfeng was on the illegal detention, two Chengguan is tall, in addition to cuff and kick, also used the iron cup tool abuse Xia Junfeng, behind the other team members may have come in succession, at this time, in addition to carry a knife, no other way to stop the ongoing illegal violations the. Xia Junfeng said, in that case, "anyone would react in the same way", this is the justifiable defense the most typical mental state.

 

    According to the court Xia Junfeng answered this counsel questions,He didn't recognize, they were beaten when the end and will have what kind of results. Urban management law enforcement officers savage beatings It is evident to anyone, almost every day, and officers from beating citizens lethal cases is not in the minority. Google on the Internet "Chengguan brutality" of 261000 results, "urban management killed hawkers" 602000 results, "urban violence lethal" 782000 results.

 

    In September 6, 2000, Sichuan Meishan county city management monitoring group management squadron Zheng Guangyong, Wu Shunqian, Zhang Weidong et al. The driver Shangjie remediation chaotic but the set point Du Mou disorderly boxing injury, Tang Deming was thrown down from the wagon and killed.

 

    In May 29, 2001, Ningxia Lingwu City Urban Construction Bureau, city law enforcement inspection team forcibly confiscated stove, will Yang Wenzhi killed and wounded, Yang Jianrong et al.

 

    In November 12, 2001, because of a dispute with the city law enforcement officers, Anhui Suzhou City, individual industrial and commercial households Zhang Fucai killed in pushing and kicking law enforcement personnel in more than.

 

    In January 18, 2002, Yu Bo of Chongqing city urban management personnel self-employed sand production and sand Shuang Bei Cun, Chen Jialian in check the city sanitation process team dispute, the law enforcement vehicles from the Yu Bo belly over to death.

 

    In November 18, 2002, at the age of 26 young Guo Zhanwei was beaten to death in Xi'an City Lianhu District number, and his fellow a car following youth was seriously wounded.

 

    In January 2, 2003, Chaozhou City, Guangdong Anbu a pedicab driver was killed and several officers in the dispute.

 

    In 2003 February, Yanta District, Xi'an city cleaning Zhandao business in Dong Jie Xiao Zhai Xing Shan Temple, a staff actually will stall the pregnant Jin Changyan down to the ground, and two feet on the gold belly. The hospital after check, Jin Changyan fetus died.

 

    In July 20, 2004, Guangzhou Tianhe District village street urban management personnel killed in the brutal law enforcement foreign traders Li Yueming.

 

    In July 20, 2005, 56 year old Jiangsu woman management of vegetables by officers killed Lin Hongying.

 

    In November 19, 2005, Jiangsu Wuxi Chengguan beat hawker Wu Shouqing.

 

    In February 16, 2006, Shanghai City, Putuo District city management monitor team ninth unit will be beaten Shanghai citizen Li Binghao death.

 

    In October 9, 2006, beating Guangxi Laibin City Xiangzhou County of a tramp was drunk urban management team captain Tan Zongquan to death.

 

    In January 8, 2007, about fifteen forty in the afternoon, Shandong Jiyang county road by a magnificent wine sales department boss Li Guangchun was 11 officers killed.

 

    In January 7, 2008, Wan Ba Cun Wei Wenhua Hubei Tianmen pass by the Jing Ling Zhen Zhen Wan Village in the city, found the area law enforcement officers and villagers clashed. He took out his mobile phone video, be officers killed on the spot.

 

    In July 30, 2008, beating Chongqing city Yuzhong district two road of integrated law enforcement unit Zhou 4 law enforcement officers will be operating in datianwan stadium street vendors near the Liu Jianping death.

 

    In March 30, 2009, the transverse Village Development Zone of Pingxiang city Jiangxi 16 group of villagers Chen was the district urban management personnel, twenty people fight to death, after the families carried the body sealing the territory by 320 National Highway Road, Chengguan brutality triggered protests, tens of thousands of people watching.

 

    In October 27, 2009, Kunming City, Fu community urban management unit in the brutal law enforcement with a cyclo pan with conflict, and killed it.

 

    In June 1, 2010, Shenzhen urban management and dispute were crushed to death old granny.

 

    In the case of one of the dead was not unrelated, Shen KaiOften beaten vendorsIn the riverside police station, should report records, for example, in 2008 July, a sell umbrellas pedlar woman's arm is broken. We have applied to the court for investigation and evidence before the court. But the scope of the court investigation evidence collection is less than the defender for evidence; and even if not found report records, is not equal to the reported record does not exist; the report does not exist, does not mean no harm traders facts. Shenhe Chengguan brutality often, even without the pedlar's testimony, is the local populace as everyone knows the facts.

 

    Do not think that they have no direct relation and the facts of this case really has nothing to do with the case. These facts (whether Xia Junfeng himself had a clear understanding of all the urban violence), in a particular case has become participants in common sense, or self-evident social cognition or subconscious. These social facts have been deeply embedded actors, become actors respond to behoove, without thinking of the condition.

 

    On the other hand, urban management and the citizens killed but not to cripple the corresponding penalty sanctions or even completely without any sanctions, which is urban management and vendors common knowledge sharing "social fact".Urban management at very low cost, battery power, and Xia Junfeng at the time of the injury consequences can not be expected: killed is entirely possible.

 

    Xia Junfeng was completely stunned, that he lost his right index finger in defense; so much so that he doesn't remember whether stabbed Zhang Wei, that had he not expect, also don't want occurred in two deaths and one injury consequences. Xia Junfeng was extremely tense situation, in extremely short time, asked him to clearly estimate of his injury consequence, clearly calculated defensive behavior consequences, grasp the sense of proportion and scale. Clearly, this is a demanding.

 

    The new criminal law of our country will be in 1979 Criminal Law stipulates "the justifiable defense exceeds the limits of necessity" is amended as "justifiable defence obviously exceeds the limits of necessity", "harm" should not be changed to "significant harm", adds unlimited right of defense articles, thereby reducing the definition of Defense when standard, expand the scope of justifiable defence. The legislative purpose is to encourage citizens to fight against illegal violate, improve the enthusiasm of citizens against violent crime.

 

    8, Xia Junfeng has a judgment is subjective intention and motivation, lack of supporting evidence, inconsistent with the facts.

 

    Before the show, Xia Junfeng's subjective state of mind is self-defense, are illegal detention, are illegally infringed when they want to stop violence as soon as possible and to escape the psychological. Zhang, Shen after two people were stabbed a knife did not die immediately, can stand up and speak, that Xia Junfeng didn't want to kill them. And delayed treatment of cause of death. (first submit evidence from the accident, to the hospital took 19 minutes, but from the scene by taxi 463 Hospital to need 5 minutes only, which also had a red light. According to the city of Zu Minghui in May 16th 120 testimony, not to, which delayed the most precious rescue time.)

 

    Witness in this case officers Cao Yangcheng: "I went out and saw Shen Kai to the service area of the back door, come to my side collapsed in my arms and said: 'I was fried string that boy pricked' down. When I saw Zhang Xudong hand clutching his belly station in the office, can have two seconds or so, did not speak fell to the ground." Visible, Xia Junfeng knife self-defense after, Zhang Shen, two people still can barely walk or stand. That is to say,Xia Junfeng in the two area is still standing when speaking to have fled, and no further damage to ensure deprived of his life. Therefore, Cao Yang's testimony can also prove intent not kill Xia Junfeng.

 

    Shenhe urban management personnel in a public occasion, have no qualms about beating Xia Junfeng, robbed the maintenance equipment basic survival, there is still no Xia Junfeng kneel in love under the condition of mercy, who can believe they put Xia Junfeng forced back to the urban management office can be patient and gentle persuasion and education to him? Xia Junfeng in the downtown area by the dozen don't strike back, things were not strike back, don't strike back, in his wife pleaded not practical, after being pulled on the car before the car back office is not practical, but in the office, lost the opportunity to escape, active knife hurt Shen Kai and Zhang Xudong? A trial that Xia Junfeng is a murderer intentionally,Completely illogical, unreasonable.

 

    The whole process of comprehensive Xia Junfeng was arrested, beaten, forced to defense, does not have to actively pursue or allowing the victims died subjective state of mind, the behavior pattern is also different with intentional homicide behavior.

 

    9,First and second instance trial, all the witnesses were not to appear in court, witness testimony without court interrogation.

 

    Forty-seventh of the criminal procedural law stipulates, "the testimony of witnesses in court by the public prosecutor, the victim and the defendant, counsel questioned both sides, questioning, listening to the testimony of witnesses and have been verified after, can serve as the basis for deciding." The criminal procedure law fifty-eighth stipulation explained: "the evidence must be produced in court, identification, quality certificate, court investigation procedures verified, otherwise it can not be taken as a basis." "The witness appearing in court to give evidence, to be in court by the public prosecutor, the victim and the defendant, defenders such as the two sides asked, testimony, the testimony through the review does, can serve as the basis for deciding not to appear in court; witness's testimony in court read after verified, can be taken as a basis." Article 141st: "the witness should appear in court as a witness. In accordance with the following situations, the people's court, the witness may not testify in court: (a) the minor; (two) during the trial suffering from serious illness or action extremely inconvenient; (three) the testimony of the trial of the case does not play a direct role in the decision; (four) there are other reasons." And the key witness to cultivate, Cao Yang does not belong to any of the above.

 

    As a significant relates to civil life and death Xia Junfeng case, no identification of any witness, court in, which reflects not only the public prosecutor, the collegial panel rash, but also directly related to the case of qualitative is correct. After Zhang Wei's testimony contradiction, cultivate, the testimony of Cao Yang and Zhang Jing, Shi Chunmei, Zhang Jie, Jia Ziqiang, Shang Haitao, Zhang Zhongwen's testimony contradicted. Who says the truth who tell lies, after both parties after examination can be known naturally. The witness not to face the challenging question, not to answer the question, not to let the court reasonable view its color, listen to the breath, to identify the words, how to exclude people doubt? Just how to onlookers that decision?

 

    Two, the first trial to death Xia Junfeng, belongs to the sentencing error.

 

    1, the victim of a major fault, should not be sentenced to death.

 

    According to the "administrative punishment law" provisions of the people's Republic of China tenth, administrative regulations need of law has stipulated the administrative punishment prescribed in the regulations, must be in the range of legal act subject to an administrative penalty, the types and magnitudes of the inner. "Administrative punishment law" article eighth, administrative punishment only warning, fines, confiscation of illegal income, the confiscation of illegal property; ordered to suspend production or business, suspend or revoke the license, suspend or revoke the license, administrative detention. There is no seizure and temporarily tools for a class. Shenhe city Xia Junfeng seizure management tool is not based on law.

 

    Urban management and law enforcement personnel for administrative punishments to Xia Junfeng is accused of operating without a license, but management didn't confirm their identity, also cannot be in the administrative penalty is the relevant evidence of the industrial and commercial registration. Police officers was not asked Xia Junfeng if he had business registration. Administrative punishment according to law, law enforcement personnel should first ask the defendant to produce documents, facts, reasons and basis to inform the administrative penalties, listen to the statements of the parties, defend, fill in a predetermined format, coding and administrative punishment decision book number. Therefore, the urban management law enforcement program has serious flaws.

 

    The first is the brutal law enforcement, is brutal crime; illegal detention in the former, violence in the post; abuse amoral prior, trampling the law in the post.

 

    Shenhe district urban management especially the illegal and criminal acts, Zhang Shen two people is the most important cause of the case, the death of the victims of their own not only has fault, but also have great obvious fault. The fault of the victim or criminal acts caused directly by the defense reaction of the intensification of contradictions and Xia Junfeng. "The court to maintain the rural stability of criminal trial work summary of a forum": "the victim has obvious fault or on the intensification of contradictions directly responsible, or the defendant legal lenient punishment, should generally not be sentenced to death immediately."

 

    2, Xia Junfeng surrendered and truthfully confessed all the facts.

 

    3, Xia Junfeng usually performance is good, do not have a criminal record. The neighbors and friends of UNPROFOR letter has been submitted to the court.

 

    4, Xia Junfeng sincere repentance, apologized to the families of the victims, and is willing to bear the civil liability for compensation.

 

    5, because the justifiable defense, although caused two deaths and one injury consequences, but Xia Junfeng's behavior is almost no harm to society. On the contrary, the justifiable defense law should be affirmed and social recognition.

 

    6, ten thousand steps back, even if excessive defense, also should be avoided or mitigated punishment, sentenced to probation or short sentence, which is consistent with the provisions of the criminal law.

 

    "PRC Criminal Law" the twentieth paragraph second: "justifiable defence obviously exceeds the limits of necessity and causes serious damage, he shall bear criminal responsibility, but should be reduced or exempted from punishment." Excessive defense situation, subjective vicious minimum defense, social harmfulness very slight. Excessive defense from justifiable defense conversion, and the essence of justifiable defence is beneficial to society, crime is the essence of social harmfulness. Because of excessive defense and constitutes a crime, is a very minor crime.

 

    According to the criminal law, "should" or "must" rather than "to" waive or reduce the punishment; but first consider the "exempted from punishment", is not "exempted from punishment", "must also be mitigated punishment".

 

    Even Xia Junfeng because of excessive defense and crime, it is not intentional homicide. As for him because of excessive defense constitute what charges, is not the thing, the defender cannot charge the client. The defender to do today is unable to prove that the establishment of the prosecutors accused charges.

 

    Three, concluding Speaker: maintain the dignity, to avoid judicial tyranny; prudent application of death penalty, avoid indiscriminate killing.

 

    A trial of this case is simple and rude,On prosecution evidence zhaodanquanshou, to pay no heed to the defense evidence; evidence conflict without explanation, no mention of unexplained evidence; not only can not be ruled out major suspect, but also the interests of all doubts are attributed to the.

 

    In this sentence the book between the lines, you can seeThe judges are more aggressive than the prosecutionBe unable to hold oneself back; the intention of the executioner. It is not difficult to see, the verdict is the first with the conclusion, and then be forced to self deception, to practise deception argument.

 

    In order to get the Xia Junfeng murder conclusion, has exceeded the procuratorate accused the prosecution said: "for Xia Junfeng and the victim Shen Kai, Zhang Xudong et al. A dispute, then to carry the knife has stabbed the victim......" The verdict, and that "the situation has subsided after the defendant knife". Obviously, "dispute" is not "the situation has subsided," Xia Junfeng is because "dispute" and a sword stab people.

 

    The court cannot explain "the situation has calmed down" and procuratorate alleged "dispute" contradictions.The 6500 words of judgment, "arguing" part only 400 wordsThere are two main sections:

 

    "The case of qualitative problem. Via checking, the defendant Xia Junfeng knife stabbed the victim body vitals several knives, the weapon type, stab parts, dynamics, stab times reflect the defendant subjectively intentional homicide intentionally caused by the victim's death, the results objectively, its behavior should be punished as the intentional homicide. Therefore, the opinion to support, not to accept the views of."

 

    "The weapon type" how can reflect the accused of killing intent?To kill you with a small knife cut sausage? "The sting site, strength, stab times" how can reflect the accused of killing intent? How to explain the wound direction? How to explain the back wound? How to explain Xia Junfeng left two urban management has not died on the spot? Stings the moment, three people is what position? Why is this position? Reaction to the first knife stabbed? Why is there such a reaction? Lead number, height, psychological, social status are dominant, why can let Xia Junfeng succeed? The victim's death results with and without other factors, such as delayed treatment?

 

    Moreover, the verdict said, "the defender the defendant is beaten and defensive section, the witness to cultivate, always away from the site is only a few meters, their testimony, failed to confirm the presence of the beating of a day, this day is only the defendant stated, no other evidence, that the lack of evidence. So this case does not have a defensive plot, the victim does not exist significant mistakes in the case. The controversial issues to support the prosecution, shall not be accepted for the defense opinion." A little analysis, it shows the absurdity.

 

    1, what is the evidence to support the verdict Xia Junfeng was beaten almost no mention of the city defense, no reference to the debate process.

 

    2, although only a few meters away from the scene of Tao Ye, but because Tao Ye "shut the door, did not hear what voice" (volume three, 24 pages), he did not see Xia Junfeng bar person, also did not see the play Xia Junfeng, this is very normal, and cannot therefore deny the beating of Xia Jun peak. According to the verdict of the logic, edify didn't see Xia Junfeng with a knife cut, don't deny Xia Junfeng with the knife?

 

    In 3, Xia Junfeng was not only "Urban Assault defendant stated," this day in addition to complete statements do not exploit Xia Junfeng's, and Xia Junfeng was wounded in the arm photos, knife position and direction, the victim was on sole, a crystal, Shi Chunmei Zhang Jie, Jia Ziqiang, Shang Haitao, Zhang Zhongwen etc., the testimony of a witness and so on, these the evidence is not exist alone, but to be able to corroborate the summer Junfeng was beaten by the fact.

 

    4, the verdict that "this case has no defense plot", but does not explain the motive for the murder, but did not explain why Xia Junfeng has little ability to a pair of three, tall fierce officers two deaths and one injury caused by a very short period of time with a knife.

 

    5, the judgment that "the victim does not exist significant mistakes" in the case, there is no "major" fault, it is certainly not the "no fault", so what kind of "fault"? The victim is at fault? What is the connection between a behavior in this fault and Xia Junfeng? This fault is not considered in the sentencing, why insist on Xia Junfeng was sentenced to death? A judge must book rough remarkable tyranny.

 

    The presiding judge, judge:

 

    Since 1997, urban management, problems have already appeared, the crime is numerous, the people are boiling with resentment. So far without a national "city management law or administrative regulations", "urban management law enforcement" has no basis in law enforcement; the lack of unity and standardization, lack of leadership mechanism; legal supervision vacancy, assuming the public security authority; urban management team of legal identity is unknown, quality is uneven, beater rogue mixed among them, by the law enforcement the name, row and take money for personal cause harm people in reality, there are many.

 

    Under the unclear legal status, power control system, violent habits of urban management staff, have become urban management system needs, to become part of the system.

 

    Extrajudicial violence for supplement rules, used to compensate for lack of identity prestige and legal deterrence, therefore it is no longer a personalized; extrajudicial violence is the metamorphosis of the "city management" "city image", it is the universal existence, acquiescence in the temple are outside the law not to violence; serious sanctions effective supervision and law in the public and the media, also will actively encourage officers to use violence. The use of violence and are rarely punished, it grows dark psychological urban management team, this is the urban management as "privilege" and identity, face logo.

 

    Legal and political position is ambiguous, is bound by money, anger, and the people for to make up. Once the violence began, it has its own inertia, indulge in the concrete system, under the group psychological contagion, addiction, will become a habit.

 

    I believe Zhang Xudong Shen Kai in front of his wife or children, will not show the human cruelty and violence of the rash, they follow love and goodness in the field of family principle, but under field UMPAP collective enforcement, was engulfed in violence desire and passion. Although the defender for Xia Junfeng's benefit and the correct qualitative, it must be pointed out that the illegal crime nature "Kay and Zhang Xudong, then act, but I to them is not just blame. They, are my compatriots, as living in this imperfect world with us; they, no doubt, is a victim of urban management system. I have deep sympathy for them; I could feel their families who lost loved ones grief; they own and family misfortune, but also the social misfortune.

 

    Urban management system had two broken families, we don't have to let the third families broken? We have lost the Shen Kai and Zhang Xudong two citizens, we have dozens of civil urban management was killed,We have paid a painful price and brutal urban management system, we have to use the judicial justice for abuses of urban system and urban management team savage endorsement?Must we take justice as his hand of vengeance, buy Xia Junfeng to die, let parents lost son, let his wife lost her husband, let 9 years old children will lose a father?

 

    The presiding judge, judge:

 

    Under the global tide of opposition to the death penalty, the vast majority of countries have legislation or the fact that the abolition of the death penalty, countries retain the death penalty for murder is only the most serious violence crime. We should not only put the death penalty for economic or non violent crimes, but also suitable for excessive defense or self-defense case? Was executed for self-defense, the tragedy of Cao Haixin to become the Henan judicial history wash away the shame, we did on this day in twenty-first Century in Liaoning re staged a tragedy?

 

    The two citizen's death is a social tragedy, but if Xia Junfeng was sentenced to death, is a huge mistake is obvious, and accept social unbearable tragedy, China justice will also be long-term shrouded in the shadow of Xia Junfeng case.

 

    If Xia Junfeng is sentenced to death, there will be more innocent, helpless traders died in urban men; if justifiable defence and was sentenced to death, so a man in self-defense after, can continue to kill crazy without having to assume more responsibility, because a man can die but once; if the justifiable defense has been sentenced to death, no longer the guilty and innocence, good and evil, the boundaries of life and death, the already very poor rules in our society are destroyed by force, will also be evil, chaos and barbarism.

 

    No exaggeration to say, the justifiable defense citizens sentenced to the death penalty, influence on the whole society will be disastrous - the mob will be more swollen with arrogance, illegal violence against citizens face will be overcautious; evil will get support, after the violent crime victims, and again from court against.

 

    Facing the defense of illegal infringement is not only is a virtue and instinctive rebellion, but instead of protected praise instead condemned even to be condemned to death, so we today's decision will hurt, is not only the legal rights of summer Junfeng, but the ethics and public the dignity of law, society the non judgment.

 

    I hope that today the court's decision, to illustrate our judicial system and the minimum is non view and independence;We hope that the judicial process, the case of Xia Junfeng, we can let people see the more difficult for the nation, but also can reflect from suffering, and stand firm in the rule of law and humanitarian side.

 

    The higher people's court, Liaoning Province

 

    Defenders: Teng Biao of the China University of Political Science and Law School of law

 

    Lawyer Xia Lin to Cui Yingjie in the Defense said:"Small tradesmen and porters, common citizens, is a legitimate occupation ancient. The party came to the city, forced by life, in such a humble humble work, live in poverty, low income. But he always simple kindness, no stealing no looting, no harm to others the way to live.

      I was in court solemnly to ask, when a living one's job is broken, compelled cornered the impasse, feel for others, you will than my client more calm and patience? Our laws, our city management system is to make our citizens happier or to make them more difficult? We as a legal person's mission is to make the society more harmonious or to make it more tragic?"

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