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The independent character of adjudgement is judicatory core and soul all the time, the judgement that lacks independent character lacks the meaning of existence and value. Of our country " constitution " the 126th specific provision, law of people court according to sets independent exercise jurisdiction, do not suffer the interference of organization of executive authority, society and individual. " criminal procedural law " the 5th regulation, law of people court according to sets independent exercise jurisdiction, law of people procuratorate according to stipulates independent exercise procuratorial work counterpoises, do not suffer the interference of organization of executive authority, society and individual. As a result of constitution and legal establish the independent character principle that judicatory tries, this ability makes judiciary especially the court had the base that is trusted. However, real life is numerous and complicated is complex, all sorts of force are affected each other, agitate, also cause to forensic cognizance said more or less influence, in modern life, the force of media has become not allow to ignore. Below this case with respect to can very good proof this:
On October 7, 2009, famous column of Anhui TV station " for a short while " reporter Qi Haihua receives somebody to sign up for counter scale, the Anhui province is fat east the county produces bromatoxism event inside wine shop of double dragon business affairs, then this reporter falls in the circumstance that does not have reporter card (without reporter card this had confirmed, had checked on Chinese reporter net later, this person is in Qi Haihua the portion had filled in December 2009 do reporter card, but he does not have the accident at that time reporter card) , double dragon hotel goes interviewing before taking a person to carrying camera. Old hall director recieves begin, later the 3 controller Chen Faqing of this hotel, old flood, Cao Yiping, as it happens leaves a floor, looking is a reporter, ask Qi Haihua to show reporter evidence then, he does not have reporter card originally, is He Tan shown? Then, qi Haihua rejects to show, and because this reporter is entertained midday,drank two cups more, rage, the arm of the pen is taken in brandish hand, bring about Chen Faqing thumb by lacerate, bump into Chen Faqing's chin, chen Faqing enrages no less than was to hit Qi Haihua two hand, additionally two people also kicked Qi Haihua later a few feet. King of a security personnel exceeds the hotel, youthful vital energy contained a feature, its camera throws the burn-up in boiler. After its happening, qi Haihua asks to make judicatory identification, appraisal result is his right kneecap fracture, for flesh wound (actually two hand are mixed playing a few bases is far from likely cause kneecap fracture) . The hotel just is compensated for actively, but Qi Haihua rejects to suffer all the time get, the hotel just has compensated for harm money altogether 779 yuan, but because its do not suffer,get, deposit all the time be in at the court.
Fight commonly together namely originally incident, but because Qi Haihua is a reporter, and be " for a short while " reporter, this is so disastrous, " for a short while " use its powerful public opinion, sowed continuously on TV 14 period the left and right sides, caused tremendous effect to hearing a case, fat east public security bureau on October 7, 2009 put on record, 8 punishment arrest, 10 (work overtime Saturday) batch catch, 13 move send examine sue, 16 to sue, send a court dazzlingly, fat east the court also got enormous pressure, fat east court by force of pressure, sentence the 3 people that start work to harm a blame intentionally, collective crime and do not divide prime culprit, all 3 years of set term of imprisonments and without probation, security personnel Wang Chao is sentenced with destroying property blame intentionally set term of imprisonment 5 years, and without probation. These 4 people were sentenced highest penalty.
If cast aside the effect that removes other factor, we stay this case in light of dinkum law angle solely, from the point of the court decision of countrywide limits, general light harm case also imposes a temporary suspension of the execution of a sentence again with respect to 9 years, but, from this court decision, cannot discover not little problem:
1. To Chen Faqing, (1) Chen Faqing's behavior has fan only two hand, subjective side, the meaning of harm is done not have on recognition factor, also do not talk to go up on volitional element go after or indulge, (2) in impersonal aspect, fan two hand are the consequence that can't cause flesh wound, and Qi Haihua is maintained those who be flesh wound is mere go up in right kneecap fracture. Subjective make important document with what go up objectively not to accord with crime,[link widoczny dla zalogowanych], harm a blame intentionally surely to Chen Faqing and 3 years the set term of imprisonment is improper apparently.
2. Is the court holds 3 people collective crime and do not divide prime culprit accessary criminal can you have a problem? Be being limitted to what commit a crime jointly on criminal law is, the requirement on main body two people above, should have on subjective side collective intended, there should be joint action on impersonal aspect, the requirement that assumes responsibility to collective crime is, should have only among them one person achieves guilty accomplished offense, press consequence of second crime accomplished offense to assume entirely. Know details of a case carefully, can discover apparently: ? ) Chen Faqing, old flood, 3 people are in Cao Yiping subjective go up and do not have collective intended, what harm repeatedly is intended do not have, do not have the contact of guilty meaning more, can be fertilizer of;(2) of circumstances type behavior only east prefectural court starts work with having 3 people, and Qi Haihua is thought for flesh wound by appraisal 3 people are collective crime, it is apparently " objective and accusing say " . If according to fertilizer east prefectural court such inference, armour was hit by second one fist, just took two steps, be encountered by personal enemy third, third general armour is killing, so second should bear intended bloodguilty consequence, because the viewpoint of this court is " objective and accusing " ah. Such inferential regulation is apparent with " advocate objective look is unified " criminal law principle is antipathetic.
3. The court is convictioning in process of measurement of penalty,[link widoczny dla zalogowanych], did not consider the fault of the injured party at all. Additional, according to the directive opinion of top people court, to light harm the case also sentences a half an year to arrive one year, can be fat east prefectural court sentenced highest penalty however, mix with the directive opinion of highest courtyard apparently the principle photograph of careful punishment violates modern criminal law. Measurement of penalty is apparent abnormal is weighed, someone can say, the court also does not decide extent of measurement of penalty in the law, they have freedom to cut a quantity into parts to counterpoise! But heavy itself of abnormal of measurement of penalty points to namely in extent of legal measurement of penalty, if that is fat east prefectural court is sentenced 3 months another day, can then such level still become a judge? ? ?
So, fat east the elder that the judge of prefectural court also is legal profession and elite, why to sentence come out so does Lian Ganggang learn legal person to feel to there is the court decision of the problem? What to have is other factor disturbing them to rule? Think carefully, see not hard, the reason depends on by tort is a reporter, it is famous column " for a short while " reporter, depend on " for a short while " the pressure that brings to bear on:
1. " for a short while " powerful public opinion makes this case from cannot try independently at the beginning. The requirement with criminal original suit is equality of both parties in a law suit, forensic be placed in the middle tries. But, this case, neat at the beginning Hai Hua by fertilizer east leader of prefectural public security bureau is visited personally, public security organs handles a case jointly, rate is surprise fast, finished between short 12 climate a series of formalities, included to investigate, examine sue a process. The most interesting is, this case sends a procuratorate to examine at moving on October 13, 2009 sue, but of the procuratorate interrogatory note on signed date is in however on October 12, 2009, how is this to return a responsibility after all?
2. " for a short while " successive ten period bomb form report, follow suit blindly plus the person of unidentified truth, brought about fertilizer east court not dare risk everyone's condemnation, fat east the court also must consider when hearing a case the society is affected. According to sueing the person's opinion, the social influence of this case is abominable, what do this have to affect after all then? Who to affect? If not be " for a short while " report repeatedly, is there this kind of effect? Is this kind of influence is incident itself factitious still?
3. Right judge dares to hold to oneself see, dare to maintain and uphold legal dignity, the judge is reflecting taller legal accomplishment,[link widoczny dla zalogowanych], if connect judge and court to cannot hold to independent judicatory adjudgement, cannot law of true carry out travel, when can our law come true after all? Our society how the harmony with nicer gift? ?
The case had reached Hefei city now intermediate people court, we hope heartily the legal elite of quadrangle people, what can take legal person is sturdy with persistence, to the legal group, exam paper that hands over a satisfaction to the society! |||The individual feels, rich psychology of this acting person enemy is too serious, psychology is serious unbalance, law is fair! |||You work hard completely,
This law case should serve as typical case, hit a person to press such sentencing later. Who does wh whoever hit.
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