What time to amend the criminal procedure law?

Reprinted from Chen Youxi Academic Network

Zhang Peihong

   Yesterday afternoon in the Chinese government, participated in a seminar on the eighth amendment of the criminal law. Since no prior preparation, so the last statement. Now the memory will write here:

1, I never expect an amendment to the criminal law, in fact I think the main problems of criminal law is to reduce and in light of the problem, not the problem and heavy. However, although I did not expect, or almost every year to increase again, this eight times. Modification or amendment of the criminal procedure law and I look forward to ten years, but has not been achieved, but as far as I know, I can foresee the future, will not change. This shows what the problem? You know the rule of law countries, as the criminal procedure law and law of this conflict, almost to the level of constitutional crisis, but we are not afraid, do not change here.

2This time, the practice of eight, although I did not expect, but there is a bright spot. Bright spot is to cancel thirteen of death penalty to crimes. Although, to cancel the thirteen kinds of death penalty to crimes, like the euthanasia of vegetable, meaningful, but not as some people say is the Supreme Court review of pressure to bear. If the Supreme Court three Court judges every day to work overtime to eleven at night, then cancel the death penalty, they still have to work overtime to ten fifty-nine. In the issue of the death penalty, even if it's just a kind of attitude, but also encouraged.

3That said, Is it right?, this modification represents a light punishment attempts and efforts? I do not agree with this view. In fact, this is an amendment to very heavy, than in the past to revise any time are heavy, for the following reasons:

First of all, in the death penalty is not completely abolished in the absence of the combined punishment for several crimes, the maximum sentence by20Years to25Years, and this is not what is the severe punishment? I don't talk about the National People's Congress has no power to do so, only in the premise of completely abolished the death penalty that should improve the prison sentence, if able to abolish the death penalty, I am in favor of fixed-term increased to30Years. Just a president of the court said, between the death penalty and sentence the difference is too big, no period and the period between the difference is too big, so agree to increase the sentence. But I think, add sentence also solve the essential difference between not die and live, to this problem solved, but the abolition of the death penalty, then add in prison.

Secondly, in the name of fighting underworld, will force the transaction and affray legal punishment is a sign of increasing severe punishment. Forced transaction in the reality, not the legal punishment too light, but selective law enforcement and lax enforcement of the issue. And stir up trouble crime, in essence is a kind of harassment, if the maximum punishment referred to ten years, mean that its social harmfulness is equivalent to the crime of affray, no obvious punishment does not adapt? Can imagine, later certainly will has been suggested to be the tallest penalty of crime of affray mentioned15Years, and then will the crime of intentional injury injuries standard increased to five or ten years. Oh, rose is not aggravated it.

Furthermore, the gang's name will be forced transaction and affray statutory penalty increase, then the future how to handle shehei no general forcing and aggressive behavior, will also be analogy, the overall rise in. According to the draft statement, this possibility is almost one hundred percent, which of course is also aggravated signs.

Finally, a drunk driving and drag racing, such as malicious wages into the penalty, I agree that most experts. In fact my point of view has been very clear: because the law enforcement cost, completely is a show of National People's Congress to please the public opinion, impossible to obtain even serious execution within a short time in reality. And we see it in prison, maximum statutory penalty just detention. The current criminal law of the light punishment, respectively is to secretly cross the national boundary (edge) environmental crime and the crime of violation of freedom of communication, the maximum punishment they are one year. Now make a maximum penalty of six months, I don't know where necessary. It can appear in the amendment, also means that the criminal law has the tendency of severe punishment.

4Finally, I want to say is: not superstition criminal law, it is impossible to solve all the problems of society. A simple example is provided, since the last amendment to divulge your personal information may be prosecuted for criminal responsibility, SMS spam my mobile phone and boring advertisement before more than three times more than.