The girl was stabbed more than 60 knife corridor block legal loopholes crunch time -- seek legal assistance two
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/Author:
Aaron Lewis
Today is the sixth day of her daughter, second days I also seek legal assistance to daughter.
A few days ago has been in great pain, until yesterday morning on the Internet to see some distorted rumors.I can't pain and silent.As the father can not protect their own daughter, and the daughter's death scene makes me can not control their emotions, first review no communication with leaders made a post, please forgive my mood.At the same time, thanks to the leadership of the tolerance and the vast number of friends, friends support, thanks to the lawyer Ye Fei, thanks for all the support of friends, though we be strangers to each other, but your justice, care for my daughter to do a final power of responsibility, also I am very sad mood a little relieved.
It's a family mishap, break my quiet life and work, more wrecked my peace of mind.I never wanted to push the amendment?But the daughter's death, let me have some idea about juvenile crime and sentencing on criminal law.
Article seventeenth of the criminal law: one, the full sixteen years of age who commits a crime, he shall bear criminal responsibility.Two, the full fourteen years of age under sixteen years of age, the crime of intentional homicide, intentional injury causing serious injury or death, rape, robbery, drug trafficking, arson, explosion, poisoning crime, criminal responsibility shall be borne.The first "shall bear criminal responsibility",I understand:Bear and criminal responsibility and the size of adults crime.WhileSecond "shall bear criminal responsibility",I understand:Refers to the crime of intentional homicide, intentional injury causing serious injury or death, rape, robbery, drug trafficking, arson, explosion, poisoning crime, criminal responsibility shall be borne and adults alike.But the provisions of article forty-ninth:The time when he committed the crime under the age of eighteen and trial of pregnant women, the application of the death penalty.In fact, forty-ninth negative above seventeenth "two responsibilities" requirements.This is an obvious contradiction.It is under the age of eighteen juvenile delinquency licit appearance.
For so many years I have been working hard, no systematic study of legal knowledge, perhaps on the legal terms is not in place, but the seventeenth and the forty-ninth has the obvious is not strict, and the implementation of so many years whether someone is thinking and questions?I don't know, but the fact that the judiciary is discussed.
In the past few years many reports of view, the juvenile criminal murder means extremely cruel, has exceeded the human line, caused great anger of the masses of the people.My daughter was murdered, caused by mine workers, families, students wide concern and sympathy for the rapid, but also caused parents panic, the school teacher asked parents night shuttle students.The leader takes seriously highly, urged to punish the murderer, in order to prevent the recurrence of similar cases in schools, to ensure that the mining area and the campus safety.But this severely suffered the legal obstacles.How to punish?
You can change the law?This is Comrade police today3Time to ask me, I can only tell him, if everyone do not wake up, do not see this law is not strict, adolescent violence crime to gap set aside, this is a very terrible thing.This is also in recent years, an important reason for juvenile delinquency appeared dilinghua, gangs, adult, cruel, intelligent trend.
In fact the forty-ninth proper modification can solve this problem.Personal recommendations:In the "time when he committed the crime under the age of eighteen and trial of the pregnant women, do not apply the death penalty" and "behind the crime the circumstances are particularly bad for the death penalty".But there is a refinement of this article should be: such as: causing death due to negligence, not to apply the death penalty; the intentional murder, intentional injury causing serious injury or death, rape, robbery, intentional arson, explosion, poisoning crime, applicable death penalty; juvenile kidnapped was forced to sell drugs, not the application of the death penalty.So you can plug the loopholes in the law, solve the conflict without, at the same time, deterrence, to reduce juvenile crime rising phenomenon.
Above is a personal recommendation, to explore for NPC Law Committee and the Ministry of public security, the Supreme People's Procuratorate, the Supreme People's court and the legal profession.
In recent years, a juvenile commits serious criminal offence cases emerge in an endless stream, but most of them are not subject to the punishment of attention, the grievances are not reasonable compensation and relief.This has become a not allow to neglect the rule of law.Attention and thinking more worthy of the social from all walks of life.
The tragic death of my daughter, perhaps is the case in many teenagers crime.Murderer Shen in crime months ago in online had revealed to kill.Several times in the school on the way home.The first two days of murderers Shen inQQThe message, this two days did not see, fortunately survived more than two days, the night before the the message he, today or tomorrow.The day of his message, tonight is the night of the murder?The early recovery point in ambush, my daughter defenseless situation, I guess I should cover your mouth60Multi tool, in the hidden weapon, my daughter made every effort to us for help, but the murderer again throat so that my daughter was fatal, which means extremely cruel, nature is very bad.This behave in a vicious and unrestrained way, premeditated deliberately killed others to death, if not executed, even if sentenced to life imprisonment, according to the present situation of our law enforcement, in prison without obvious violation of discipline, family management,20Years will be acquitted, and is a "hero".
But, the law only protect underage criminals, why was the minor not protected?Also is sixteen year-old young age, my daughter is dead, but the murderer was to be called the idea of people and the law on the protection of minors protection.What in heaven!Fair where!