Mr. Zhang Yaping, Henan Xinyang people, associate professor, Henan University School of law, Henan University in 2002, received a master's degree in law, in 2007 in Heilongjiang province Harbin city A Cheng District procuratorate hangs duty to take exercise, in 2008 obtained a doctorate in law at the Renmin University of China law school, returned to his alma mater Henan University law school work, during the visit to France of the criminal law, and has chaired Henan Province philosophy social science project, Henan Province Education Department of Humanities and social science research projects and Henan University humanities and social science research projects.
Q: teacher, Hello, I'm glad you busy accept my news.Through our understanding, you are in the period of master began to study law, can you give us your original school experience?
A: my major is English, after graduation to a middle school when the teacher, so a few years dull work life, gradually understand oneself of ideal has not been realized, so determined to study section, hope oneself can achieve self in a higher platform.At that time in the rural areas, information resources, the study section of the hand is not too understand, feel interested in criminal law, we chose this profession.Prior to this, my knowledge of law is almost a blank, it is relying on their own in the past was admitted to a graduate student, later in the teacher's help, to complete the legal knowledge accumulation, it has laid a solid foundation for my future study.
Q: listen to the teacher's introduction, we really admire you had the courage.In real life, many people even for their own situation is not satisfactory, also want to do it, but you have the courage to challenge themselves, to pursue their dreams.You had the choice of criminal law and the professional study to date, there will be a great feeling to this subject, can tell us about?
Zhang: the purpose of the criminal law is the most basic maintenance of social order and protection of human rights, the former is mainly from the crime's point of view, the latter is mainly to protect innocent people from criminal prosecution.Most of the countries in the world to emphasize it in the maintenance of social order value; others consider crime directly against the victim's personal interests, more emphasis on the protection of human rights, functions, such as France, especially pay attention to the relief of victims, and the establishment of the victim compensation system for criminal victims -- when losses no compensation, the state has the responsibility to give a certain compensation to the victim.In recent years, our country in this aspect has also made certain attempt, can saying is a kind of progress of the rule of law!
Q: the abolition of the death penalty is a is not open around the topic study in criminal law, the Wu Ying case, the death penalty is not approved, the retrial, can you talk about your abolition of death penalty view?
Zhang: good.First I was a firm supporter of abolition of the death penalty.In my opinion, life is the most important, the criminal may be due to impulse and passion kill, but sentenced to death is by a very rational people sit together to discuss the deprivation of a person's life, the two which is more cruel?I think it is self-evident.Many supporters of the death penalty people hope to use the death penalty to reduce social crime rate, but many countries have abolished the death penalty in the practice of crime and not because of the abolition of the death penalty and rise; secondly I think generally support in China at the present stage of the complete abolition of the death penalty and public opinion is not possible, can only rely on the upper decision makers to select an appropriate time, the top-down implementation of the abolition of the death penalty concept, let people gradually accepted.Our country last year adopted amendments to the penal code (eight) abolished the 13 crimes for the death penalty, and did not cause much reaction of the people, related crime rates did not rise as a result, this is a good example.
Q: as far as we know, you in recent years focused on the French penal system, do you think the French Criminal Law in which the system is worthy of our reference?
Answer: my years of research found, France's commutation system is unique.In our country, is the implementation of the first inspection, after the commutation system, standard subjectivity commutation is too large, is not easy to determine; while France is the implementation of the prior sentence, I call it the "credit commutation", similar to the credit loan, prior to serving a sentence is expected, if the prisoner is illegal in in process, will be commuted to recover, which to some extent is an encouragement to the prisoners, and help them to accept reform, released as soon as possible.In this regard, I think this is worthy of our country learn.
Question: heard you say so much, we are inspired.Legal study and research for so many years you are engaged in, must have accumulated a lot of experience, what advice do you have for undergraduate study?
Zhang: the students if there is energy, feel that if necessary, can choose to grind, because it is on a deepening knowledge of law.Once the decision to the entrance, so we must firmly strive for.If you want to test study on criminal law professional students, basic knowledge is very important, must read books, to read the text, read, some important laws should firmly grasp, also focus on society give attention.