The Legal Daily reporter Jiang Anjie

In the blink of an eye, be rash and too much in haste in 2010 is about to go away. This year the too many things let us aftertaste, let us too busy to attend to all.

Back in 2010, Zhao Zuohai revive in jail for 11 years in a people of judicial reform and judicial reform ideas to another climax; the "fall" out of Chongqing black evil forces to the maximum "umbrella" let the people called hand applause; Gome Wong Kwong Yu warned the market economy must follow the rule of Tao; Xiao and Fang slobber war evolution of defiance and affray case and so on, at the same time, impact people eyeball every case, also in consideration of the moral and legal authority.

Chinese Law Criminal Law Research Association, President of the Beijing Normal University professor Zhao Bingzhi penalty academy today to receive the "Legal Daily" interview with reporters, one by one to comment on 8 representative criminal cases happened in 2010.

Zhao Bingzhi said, combing this year case, there are many look forward to change places, in addition to torture to extract confessions, presumption of guilt, illegal detention, and violence, and public opinion as the Zhao Zuohai shouting ""...... Therefore, if the criminal law can not play its due function of evaluation in criminal behavior before, is not limited to Zhao Zuohai's sad! Take this to the blood and tears for social concern, if not effectively reflect the change of the old, the contents of the existing judicial system, miscarriages of justice not only will erode the wronged one body, foundation will be the rule of law in the process of corrosion.

"" criminal law amendment (eight) (Draft) "on the crime of the underworld organization including 'efforts to combat the umbrella', has provided the powerful safeguard for the prevention and punishment of crimes." Zhao Bingzhi said, but, as they say, the effective punishment is not in the severity and its timeliness, only on the basis of perfecting the legislation timely corruption crime, organized crime and punishment in accordance with the law, improve the prevention and treatment of crime patterns, is the root of the problem.

Zhao Zuohai revive grievance

The reform of judicial idea climax

Case: in February 13, 2003, the Henan Provincial Higher People's Court of criminal verdict, the defendant Zhao Zuohai knife murder, cruelty, serious consequences, should be severely punished. Although Zhao Zuohai confession, but the trial court evidence sources clear, collect legal procedures, evidence to confirm each other, which denies the causes of crime cannot be established. In view of the victim of a fault in the cause, the accused Zhao Zuohai of the death penalty, not immediately.

In April 30, 2010, the Zhao Zuohai has been "kill" of the "victim" Zhao Zhenshang "Resurrection", appeared in Zhao Lou cun. In May 8th, the Henan Provincial Higher People's court acquit Zhao Zuohai.

Comments: after Du Peiwu, Wang Shuhong, She Xianglin, Nie Shubin, Hu Ge Ji Le Tu, after he'd the vocative case, in 2010 May, Zhao Zuohai to 11 years in prison again aroused people attention on the criminal judicial procedure. Like the previous case, the consistent characteristic of miscarriages of Justice: torture to extract confessions, confession centered evidence fragment, several judicial organs "coordination". Behind the case is formed, dislocation, lack of procedural justice of judicial philosophy, legal protection of depletion, accountability. In the face of the incidence of miscarriage of justice, not the law, the judiciary, the whole society in the rule of law on the Zhao Zuohai case shows that great attention. Zhao Zuohai case has aroused people to the judicial system reform and judicial reform to a climax, but deeper analysis, to prevent miscarriages of justice has not only relates to the criminal procedure law, to a large extent also need even must participate in the criminal law.

The shelter evil Ma

Highlight the crime crackdown determination

Case: in February 2, 2010 to 6, the Chongqing fifth intermediate people's court public hearing of the Chongqing judicial bureau director of the original Wen Qiang shehei case, and make a criminal judgment of first instance in April 14th of the same year, that the guilty of taking bribes, shield, connive, a huge amount of property with unidentified sources, rape, the decision to death, deprived of political rights for life, confiscation of all personal property. After the verdicts, the strong appeal. Chongqing Higher People's court according to law in a public trial, on May 21, 2010 to make criminal ruling, Bo Huiwen strong appeal, upheld the conviction, and shall be submitted to the approval of the Supreme People's court. In July 7th, the Chongqing Municipal Higher People's Court issued a message: with the approval of the Supreme People's court, former director of the Chongqing Municipal Bureau of justice Wen Qiang was executed in Chongqing.

Comments: the case for the judicial official identity, and is the largest "umbrella" Chongqing black evil forces and attention. Resolutely investigate and deal with the case, show the country against organized crimes of the underworld society determination and perseverance, also shows that the party and the government stands firm on the protection of people's livelihood, compassionate public opinion.

Of course, behind complex cases, bring us more, still as a number of senior officials corruption cases -- is the psychological impact and profound reflection. In the discipline inspection and supervision organs, procuratorial organs, internal constraints and the public supervision, an official is how to gradually toward the abyss of depravity and with justice in the palm of your hand. May punish the significance of the strong not only lies in the judicial authorities destroyed the biggest "umbrella" Chongqing black evil forces, but also the public a safe, should also be in the "crime crackdown" storm, through the lack of life by our cadre system and supervision mechanism, from the source to explore the long-term mechanism reduce corruption.

Wong Kwong Yu market manipulation case

The original system stems from the crevice

Case: in 2008 November, Gome group chairman of the board Wong Kwong Yu on suspicion of "market manipulation" economic crime investigation by the police. In February 12, 2010, Beijing people's Procuratorate second branch to Wong Kwong Yu on suspicion of illegal business crime, the crime of insider trading, the unit crime prosecuted to the Beijing second intermediate people's court. In May 18th, Beijing erzhongyuan to Wong Kwong Yu committed the crime of illegal business operation, the crime of insider trading, unit bribery crimes, decided to implement 14 years in prison, and fined 600000000 yuan, the confiscation of personal property of two hundred million yuan. In August 30th, the Beijing Municipal Higher People's Court of second instance verdict upheld the original verdict on the Wong Kwong Yu case.

Comment on: Wong Kwong Yu had the richest man in the head Chinese halo, its history and criminal history, left us a lot about the development of enterprises and the public power and the application of criminal law itself thinking. In the process of transition from planned economy to market economy, lack of mechanism is not perfect and the law of interaction, for the enterprise and government power to provide the space, the entrepreneur "original sin" also produced in the system of this piece is full of temptation in the crevice. How to establish the legal system of perfect health maintenance operation of the socialist market economy, to guide entrepreneurs realize the pursuit of profits in the framework of the rule of law, is the seat of Wong Kwong Yu through cases should reflect deeply on the problems.

Of course, Wong Kwong Yu has also warned us of the entrepreneur, market economy is legal economy, should have the occupation moral and social responsibility, trying to rely on "money" trade enterprise development is doomed to quench a thirst with poison, is a road of no return.

Wong Kwong Yu was not only a mirror of the economic system and entrepreneurial thinking, is also a rare material for legal workers. In the criminal judicature, although Wong Kwong Yu is charged with three felonies, but whether the crime of illegal business operations or the crime of insider trading or the unit crime, judicial discretion is not a paper document simple can completely bear, behind that in every charge, should have a complete evidence chain and full legal argumentation, questioning every evidence, every reason should withstand the test of history and jurisprudence. Otherwise, in prison is Wong Kwong Yu, lost is the authority of the law. After all, justice is not only reflect the social effect, more should be the unification of legal effect and social effect.

Pingdingshan "9 · 8" accident case

Open mine disaster governance a criminal

Case: in September 8, 2009, Pingdingshan City, Henan Province, Xinhua four ore in the mine is still a major hidden safety case, 93 workers were organized into the well, second days of zero hour 55 points, the mine underground for roof falling caused local fan stops running, the accumulation of high concentrations of gas, and the gas sensor is damaged beyond normal warning coal electric drill, cable short circuit to generate high temperature fire caused by gas explosion, killing 76 people, injured two people, injured 4 people, 9 people slight injury. In November 16, 2010, Pingdingshan City Intermediate People's court according to law for a trial open verdict on four ore Xinhua District Director Li Xinjun and other defendants, 5 defendants were respectively to the crime of endangering public safety, crime of forgery institutions seal, compel illegal adventure homework sin sentenced to death with a two-year reprieve, life imprisonment, or are to be sentenced to punishment.

Comments: This is the first time for China to "the crime of endangering public safety" responsible person sentenced to mine. In the past, major, major accidents owners tend to the punishment of the crime of major liability accidents, the maximum statutory penalty of only 7 years in prison, the maximum prescribed punishment and the crime of endangering public safety is the death penalty, punishment to crime and the difference of two world, radically different from subjective sin two sin, and this reflects the personal danger and subjective malignant difference. Can say, justice in this case both emphasized the protection of criminal law on the people's livelihood, and actively carry out the criminal policy of combining punishment with leniency, to further promote China's criminal law and the construction of harmonious society, pay attention to people-oriented, is of great significance.

"9 · 8" accident "to the first application of the crime of endangering public safety" for the academic and social concern, in accordance with the law for mine responsible persons shall be judicial identification at the same time, increase will herald a mine of criminal regulation.

Xiao Chuanguo ordered the assault

An honest official. difficult to release the suspense

Case: Huazhong University of Science and Technology professor Xiao Chuanguo for the victim Fang Shimin (pen name Fang Zhouzi), Fang Xuanchang and others on the Internet and other media to question the academic achievements of discontent, he accepted the Dai Jianxiang proposal for beating Fang and Fang Xuanchang. June 24, 2010 22 am, Xu Lichun, dragon Guangxing wounded Fang Xuanchang, identified as minor injuries. August 29th 17 am, Xu Lichun, wounded dragon Guangxing Fang, resulting in the lumbosacral skin contusion. Shijingshan District people's Court of Beijing city in October 10th the first instance verdict, Xiao Chuanguo had committed the crime, was sentenced to 5 months in detention. November 4th Beijing city yizhongyuan final verdict, the court of first instance to maintain Xiao Chuanguo 5 defendants verdict.

Comments: one is "fake fighters", is an academic celebrity, collision between two people in itself was enough to attract people's attention, and is for academic plot wounding. Celebrity benefit makes the case for a start to become the focus of media attention, the judiciary is special, fast processing, soon to stir up trouble crime to respond to public expectations. However, nature of behavior from wounding doomed from the start of the complexity of the case, and there are even when both parties are debating, not know the circumstances of the crime. A heated argument between intentional homicide, intentionally hurt, the general assault and affray, not only put a deceptively simple in theory to distinguish the question put to the academic research level, but also in the collection of evidence, procedure and other aspects to our in-depth thinking.

However, the criminal litigation is a must be strictly in accordance with the procedure and standard of proof of legal provisions, it shall properties within the framework of the law combined with the facts of the case in accordance with the law to prove that behavior, or consider any law can not be convicted on the basis of. But from pure motives in order to take revenge against the social management for the object of the crime of affray, change really afford much food for thought.

Dong Shanshan maltreated to death

The punishment of domestic violence triggered controversy

Case: in August 14, 2009, Dong Shanshan because of the body is injured and hospitalized. In August 19th, Dong Shanshan condition worsened, was transferred to the ICU (ICU). In August 22nd, Dong Shanshan shock. Their mother Zhang Xiufen immediately contacted the police, that night, the person responsible husband Wang Guangyu was arrested, and detained. In October 19th, Dong Shanshan after the hospital rescue invalid death. The causes of death were multiple injuries, huge retroperitoneal hematoma, multiple organ failure. In January 12, 2010, Beijing City, Chaoyang District Public Security Bureau, the conclusion of the investigation, Wang Guangyu allegedly transferred to review the Chaoyang District procuratorate prosecute the crime of intentional injury. In July 2, 2010, Beijing Chaoyang District people's court found Wang Guangyu guilty of crime of abuse, was sentenced to 6 years and 6 months, the court for the family members of the deceased for medical expenses, death compensation totalling 81 yuan.

Comment on: people hate the assailant devoid of humanity at the same time, also in question when the family violence occur again and again, the national power builds shield in "family conflicts before" why so powerless; people can not understand, because of a domestic violence caused by the criminal responsibility of the death results bear was far inferior to directly to the life of phagocytosis. We no doubt referee's inner conviction, just hope the decision to better establish the legal belief in people's hearts and respect.

In the control of family relations, based on the particularity of family violence, lawmakers by setting the abuse of domestic violence crime to regulate the general, but this does not mean that the perpetrators of the shielding, but this does not mean that the special status of family members to become special obstacles for intentional injury crime. The purpose of criminal law not only to punish crime, but also for the protection of human rights, including the human rights of the victim, which requires the judiciary in the crime occurred, to correctly identify the nature of behavior, select the appropriate legal punishment, to ensure the unity of punishment.

Family relationship is a special social relationship, only in strict accordance with the justice can be effectively regulation and prevention of family violence, maintain the benign development of family relations; otherwise, ignore the inherent requirement of the law, seemingly on family relations respect and care, it is disregard for the victim's rights, criminal acts of indulgence, foundation eventually the erosion of family relations, more difficult to think the public identity.

Nanjing associate professor of group licentiousness

Delimitation of individual freedom and public interests

Case: in 2007 the summer solstice in 2009 August, Nanjing City, Jiangsu Province, associate professor of a university Ma Yaohai et al. Through the network to meet, has promiscuous activities in Nanjing many hotels and the home of Ma Yaohai, in which Ma Yaohai organize or participate in the 18. In May 20, 2010, the Qinhuai District Court of Nanjing city on the 22 people such as Ma Yaohai "group licentiousness" case made the first instance judgment, the 22 defendants guilty of group licentiousness crimes, Ma Yaohai was sentenced to 3 years and 6 months.

Comments: senior intellectuals identity, despised by the people "change wife" and authentic group licentiousness, brings a strong visual impact. "Swingers" behavior is a violation of the freedom of the individual behavior is moral, or a serious crisis in the social order of the promiscuous behavior, different groups based on different values will have different answers. The public is divided into a number of different camps, facing the conflict between public interests and private life, the judgment of crime and non crime, focus and assembled licentious actives crime whether it should be abolished has become controversial.

In the face of all kinds of disputes, it must be made clear, the criminal law as a legal norms, language should be clear and specific, too abstract, vague words should not be used, this is the basic requirement of the principle of legality, is the basic factor to realize the criminal law of the protection of human rights, which is also a focus in the case where the.

In addition, with the growing awareness of rights, whether it is in the public interest as the standard, or to the personal rights protection as the focus, the case of the controversy has been not simply stay in how to treat the criminal nature of the issue, more thinking left to the people is in the personal rights increasingly deepening, the law at the time to protect the public interest, defining how individual rights provide a justification.

Huang Songyou bribery case

Punishing corruption is not dead

Case: from 2005 to 2008, Huang Songyou served as vice president of the Supreme People's court by the position and authority, status facilities, in the case of the trial, execution and other aspects for the Guangdong legal Shengbang law firm lawyers Chen Zhuolun 5 people to seek profit, after accepting the first money totaling about 390 yuan. In addition, Huang Songyou also in 1997 by taking advantage of his position as Guangdong Province, Zhanjiang City Intermediate People's court, together with others, for this unit funds 3080000 yuan, the person get 1200000 yuan.

In January 19, 2010, Hebei Province, Langfang City Intermediate People's court verdict, that how guilty of taking bribes, corruption of the two crimes, decided to implement the life imprisonment, deprived of political rights for life, confiscation of personal property. In March 17th, the Hebei Provincial Higher People's court to sentence the case, rejected the appeal, upheld the.

Comments: as the highest ranking officials since the new Chinese set up the court system because of the corruption scandal of former vice president Huang Songyou, the Supreme People's court case has aroused great concern of the whole society.

Judicial corruption is the corruption of officials in general social harm the same situation is more serious, it has direct impact on people's respect for the rule of law and respect the erosion, foundation of judicial operation. Therefore, the judicial organs according to law to punish Huang Songyou corruption, bribery, demonstrated the confidence countries corruption does not stay dead faith and improve party conduct, to promote social justice, uphold justice.

Of course, we should also see through the song case, anti-corruption struggle is long-term and arduous system engineering, as a political and law, need to build from prevention to punish, from a series of long-term mechanism of ideological education to the monitoring system, from the party or government disciplinary treatment to the criminal law etc.. And in the process of combating corruption crimes in the criminal law, as a last resort, it has particular deterrent and special severe, need more active and discreet, safely, and should be based on the needs of China's anti-corruption new situation, new task, scientific, reasonable always to be perfect.