"Severing" to report crime family, then relatives in Fujitsu Lifebook s7010 battery and sentencing can be dealt with leniently. High Court of Hebei Province, the new rules introduced earlier this month just to be media blasted as a "destruction of human relations based on justice policy."
Supreme People's Court from October 1, the full implementation of the pilot has more than a year sentencing reform, the High Court's new rules of Hebei "
More reviews cited Montesquieu in the "Spirit of the Laws" in the question: "How can his wife denounced her husband? Denounced his son how his father? To the criminal behavior of a retaliation the law actually provides a more evil out of the law ... ... "There are provisions of sub-legal scholars believe that this logic. Wuhan University of sentencing reform, criminal law experts told the Southern Weekend reporter Zhao Tingguang, this so-called "severing" and given to relatives of their crimes, "lenient punishment" return of the rule does not have the statutory and discretionary nature of lighter punishment, because It is only the behavior of relatives of the perpetrator, not the perpetrator's own subjective and objective performance of the perpetrators of crimes can not be lighter note, subjective vicious shallow, Dangerousness small. "Who committed the crime, whoever should be necessary to punish; reported by relatives of the person of criminal responsibility to reduce crime is a logical confusion." Zhao Tingguang that their loved ones to make the report to be lenient punishment, so as to achieve to reduce their criminal responsibility practices, and principles of sentencing is contrary to justice.
"Hebei back a black mark against the High Court"
However, the judicial practice of the High Court of Hebei "new rules" attitude is much more complex. Supreme People's Tribunal, a judge told the Southern Weekend reporter, "the High Court that the provisions of Hebei, is right, we have been implementing such a judicial policy, but they will refine the punishment fits the crime." Indeed, in the Supreme Court judicial interpretation of "rules of evidence for death penalty cases" have similar provisions. The third paragraph explicitly provides 36 "whether the defendant's close relatives to help arrest the defendant" as the punishment fits the Fujitsu Lifebook s6000 battery. "In legal terms, the provisions of judicial policy is so irreproachable, does not violate the existing criminal justice system." Penal Law Institute of the Chinese Academy of Social Sciences Research Office Liuren Wen also said that the provisions of the "root cause" of criminal in our country justice system, out in the criminal law and procedure on.
Liu Renwen said, and the Western emphasis on maintaining family ethics law even to fighting crime and maintaining social order is different from China's criminal justice system not only encourages but also requires citizens "severing of relations." 310 Criminal Code the crime of harboring and shielding on the provisions of the crime, in practice, harboring and shielding the accused is the largest of its relatives. Criminal Procedure Law article 48 provides that citizens have an absolute duty to testify, as the families of suspects is not right to remain silent, which means that, if not, report and expose, to testify crime family, then himself may be trapped imprisoned.
Indeed, because of harboring, and shielding relatives of imprisonment, or "severing" of cases to help solve the case the judiciary, has been a public tender nerves. In some ordinary theft, often with 6-8 harboring the trigger because the relatives of the criminal law, while in jail. Also some more extreme cases, a mother who killed because of his son to help dress, and gave him 350 dollars to be harboring sentenced to 3 years, suspended for 4 years.
SHE's mother died of Yang Spiced will indirectly relevant to her, "severing" the requirements. Repeated her son's case appeals and complaints, identified by authorities as a cover crime, obstruction of justice, locked in detention for 9 months. 3 months after being released, Yang spiced it died.
And everywhere the harboring, shielding different, "severing" often can not get public recognition. In 2003, rural youth Yan Zhang in Henan college in order to raise the cost of his brother to steal a roommate 4 million. The mobilization of the police, Yan Zhang's brother, Zhang deceive his or her residence, with the result sheets are captured. This behavior was strong public opinion questioned. "From these years of judicial practice, 'severing' of the legislative concept is wrong." Liuren Wen said the concept is inconsistent with China's "Concealment" tradition, does not conform to the common law concept of the world. In fact, both at common law, or Taiwan, spouse, next of kin are entitled to a certain degree of shielding between, hiding and refused to permit privileges, the difference is the scope of privileged families of different sizes.
In his view, the High Court's new rules of Hebei tenderness of the public hate accidentally "severing" the nerve. Liu Renwen said the people the real finger of blame in the criminal justice system, the practice of the High Court of Hebei, is under the existing legal structure of a conventional action, or even still a relatively positive patch. "At least you do not, and will not punish you." "China's Hebei Province High Court's criminal justice system present a black mark against them back." Renmin University of China, Professor Chen Weidong that behind the boom in the media, in fact, rising citizen rights awareness and the concept behind the conflict between the rule of Fujitsu lifebook t4020 battery.
The High Court of Hebei Province suffered the impact of public opinion also quite aggrieved. Publicity Department of the Political Department of the hospital, Deputy Director Wu, the Southern Weekend reporter that they had to find a suitable channel to explain the matter, but has not found the right time.
Partial recovery "Concealment"?
Tenured professor at the China University of Politics and Chen in opinion, the High Court's new rules of Hebei is not without merit. "I think this is at least conducive to the investigation of cases and suspects to justice, can save the cost of justice. Moreover, it is easy to make the offender pleaded guilty." Chen said.
Second, Chen held that the Criminal Law, Criminal Procedure Law of the harbor, the harboring is a crime of "forced disclosure", "you do not 'severing' will punish you." And Hebei, the inclusion of the High Court in sentencing relatives meritorious act, is an "encouraging disclosure," more human some. Because the motive, the family of course, the state reported a socially responsible component, but the main reason is to let their loved ones should reduce the punishment. For instance, he knew the defendant was caught sooner or later, if not reported, may be sentenced to death; if the report could sentenced to death with reprieve. Therefore, this provision is conducive to citizens of countries but also conducive to the individual.
Therefore, Chen held that the error of this judicial policy is the legal concept of the limited repair, the real solution, still in the partial restoration of "Relatives" system.
Relatives system established in China in the Western Han Dynasty to the Tang Dynasty is very complete, even incompatible implicit Tang behavior in punishment provisions. However, after the establishment of this system in the People's Republic, once regarded as "feudal dross." In the "Cultural Revolution" period, between family members came to light, but was seen as revolutionary act report to be respected. Criminal Law and Criminal Procedure of 1979 was enacted, adopted the "severing" type of rule of law concept.
1996 revised Criminal Procedure Law, criminal law amendment in 1997, this practice is still followed. "This is a long time only emphasized China's criminal law to combat crime, ignoring the value of human relations." Chen said. "It was not that no one raised this issue." Scholars, including Liu Renwen, including written articles, calling relatives to give special immunity, but did not pay attention to.
In recent years, some scholars advocate the system restore the voice of Relatives getting high, but the legislature has not been echoed in recent years none of the criminal law amendment has been hit this area. "These are two values conflict. When the national interests and personal interests in conflict, the Chinese usual practice is to choose the former." Weidong said. "Relatives can not be overemphasized, even the ancient Relatives, some very light only limited to the criminal, not a felony." Supreme Court judge that.
Obviously, this attitude still represent the mainstream sound judicial practice. Chen in the grass like the proposed changes issued in the Code of Criminal Procedure, written into the next of kin can not give evidence and so on. Consider the realities of China, a close relative of the provisions proposed draft scope of smaller, only parents, children, spouse; in the Fujitsu lifebook t4010 battery, only applicable to ordinary criminal cases, significant and harmful to society against the State in criminal cases not included. "I do so having regard to the legislative branch and the community may be more easy to accept, but such proposed amendments will not be accepted, I am not sure." Chen said.
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