Belstaff J Crew, Wang Jiafei rape and murder of 19-year-old girl, in turn killed 3-year-old brother alive was sentenced to death in Yunnan High Court upheld the case of Li Changkui finally entered the retrial process. Retrial in accordance with China\'s current legal conditions for the program starts, the case for retrial generally means \"the case really wrong\", while in Li Changkui case, this error appeared to be mainly caused by the outside world refers to the reprieve of the highly controversial verdict.
Whether legal or reasonable, the rape and murder of one person, and killed one of Li Changkui, in any case should be sentenced to death immediately, though there are surrendered to the plot, but in the Criminal Code, the surrender must be lighter than a plot, but the plot could be considered mitigating. Before the same drug family Xin controversial case, which also voluntarily surrendered Belstaff J Crew themselves, but in understanding the families of the victims has not been the case, were executed; the nature of things is worse than drug house Xin, Li Changkui case greater social harm , was sentenced to a stay of execution, this sentence is not only a non-uniform execution of Belstaff J Crew the drug has been home Xin personal injustice, but is aspiring to justice the people a great injustice.
However, in the face of public doubts, Yunnan Tian, vice president of the High Court as there is a striking phrase, in the face of the media, said: \"This country needs calm, this nation needs calm, this is a community to vent their emotions, but Such sentiments for national laws, it should be calm, we will not because everyone Hansha, and hastily easily deprive a person of life, Social needs more sensible number, the public must not be in a carnival-like approach to impose a to death. \"verdict would be unfair on the people called\" Carnival \"is even more surprising is that, as vice president of field into Yunnan, there are high that the death penalty has become a trend to reduce, at this stage we can not re-use of torture, this is slavery, feudalism and backward methods. A country\'s judges, their own country criminal law, the death penalty to punish criminals, known as \"torture,\" \"feudal and backward\" approach, which is rare.
To be honest, abolish the death penalty is not Belstaff J Crew a new topic, the Italian jurist Beccaria as early as 1764 in his classic \"On crime and punishment\" on the idea to abolish the death penalty. In China, scholars have advocated the abolition of the death penalty a lot, but there are a considerable part of the reason the scholars to the idea of abolishing the death penalty would be criminal to face with the reality of separation, recognizing that despite the abolition of capital punishment is the inevitable trend of human history, but the case of China , does not now have the conditions for abolishing the death penalty, only to gradually reduce the death penalty. But it is disturbing that, in our reality in the face of some brutal crimes, some scholars will not only abolish the death penalty and the reality of the concept of confusion, contrary to existing law, for some completely in accordance with existing laws should be sentenced to death people urged Daoxialiuren; and even judges to abolish capital punishment and the legal reality of the concept of confusion, to engage in \"time and space through\" Li Changkui in the field as a judge, is a typical typical.
In some countries and regions, there are some judges uphold their judicial philosophy, struggle with the reality of the law. The most typical two people, one Iraqi President Jalal Talabani, as opposed to Saddam death penalty and refused to sign the death warrant; First, Taiwan, China\'s former \"Minister of Justice\" Wang Ching-feng openly advocate the abolition of death penalty due to refuse approval of the death penalty has been rendered the command, aroused fierce controversy, eventually resigned for personal ideals. In China, the Approval Committee of the nature of collective decision-making, even though individual judges may have some departure from the concept and reality of the law, under normal circumstances, it is difficult about justice, but if the same field as a judge called the death penalty in our country \" feudal torture \", not yet found the second.
In particular, I found, on the death penalty, some scholars and individual judges for the strong reaction of the people, always showing a \"professional\" superior attitude, it seems only did they understand the true meaning of the law, they are the only is a defender of justice and advanced concepts of the holder, the public questioned the verdict, in their eyes become backward things become not cool, become revelry. In fact, given China\'s legal education and judicial officers of the fact that low barriers to entry, this attitude of the law itself as the elite have been suspected of narcissism. In China, due to inherent problems of justice, the public and the media at least in the current judicial oversight is necessary to repeal it in our three major procedural law is confirmed, the so-called \"judicial independence\" is definitely not without utopia by any oversight, but on a transparent, open and public scrutiny on the basis of \"independent judgments.\" In Li Changkui case where, if more than 90% of people think, Li Changkui case the verdict does not meet the spirit of existing law, the legal elites need not come up with a \"Copernican\" had not understood to be secular grievances even come up with \"judicial independence\" to the people not to be recognized for this interpretation of the results. There are some scholars advocate the abolition of the death penalty although that Li Changkui the case even though the verdict feel right, but because the second instance verdict has been set, Moreover, procedures have not found problems, which should be respected. These scholars may be justice as a football game, according to the rules of football, whether miscarriage of justice, the results should be observed. However, these scholars should be aware that \"mistakes must be corrected\" is one of the characteristics of our justice system, trial system is to avoid cases of genuine error specially set up procedures. If a case is indeed wrong, it should be corrected, otherwise it is difficult to understand, in other cases, these scholars for Aggrieved of Order Three, etc. Idealists had.
Rawls in his \"Theory of Justice\" profoundly pointed out that \"one of the acts is not just judges and other persons not entitled to use the appropriate rules or rules of interpretation can not be right.\" Li Changkui case is essentially not a \"legal\" problem, but a \"legal\" issue, not a death penalty abolition of the \"legislative\", but rather a respect for existing law, \"justice\" issues; is not a \"concept\", but a \"real\" problem, the people The question is not the case in order to kill, but to justice more fair. Elite law should lay down their pride and prejudice, does not know the laws in our country where people everywhere are reflected on the supervision of the respect the rule of law in a crippled environment and conservative criticism of judicial corruption, environment, pollution monitoring at every turn to the people as \"intervention\" , and thus those in the law school classroom discussion on the concept of things, to get the Chinese court to \"test\", which is contrary to the basic spirit of the rule of law and principles. Justice as the maintenance of social justice, the last line of defense, its greatest value lies in the fair, and impartial means not recognized by the legal elite utopian. Justice do not need any advanced concept, the U.S. jury system is to tell all: an ordinary person of justice in every heart, and not monopolized by the elite in the knowledge of law.
