5 years before case about self-defence, casual a promotion that revealed law water level, what also refracted judicatory and public opinion is benign and interactive.
On April 30, 2014, the Chen Haohan of the 3 students at the beginning of An Sizhong of Guizhou earthen jar (in those days 15 years old) encountered campus bully approach: He encounters fling abuses, foot is kicked, draw a box on the ear, hold a knife to provoke, the Chen Haohan that is beaten up twice inside 12 hours also cannot help again, the blind angle that ten people surround place oneself, of he and the other side " leader " each other of knife of Li Shangke brandish is chopped, bilateral the one knife in each, li Shangke dies, chen Haohan is weighed.
In those days, earthen jar installs first instance of prefectural people court to sentence Chen Haohan set term of imprisonment 8 years; 2 careful maintain original judgement. Current, top people court had accepted the appeal data of old vast family member.
Earthen jar installs the response when prefectural public security bureau is accepting media to interview to say: In those days " self-defence " unsharpness, relevant case is not worth legal concept, put to now, this law case has defended namely at most when, (by former result) sentence no less than going to. Earthen jar installs prefectural court to also express: Adjudicate this case may have different result now.
The appeal of old vast case still remains authoritative branch makes provenance place, but 5 years short time, "Canoe already crossed 10 thousand heavy mountain " .
Before long, the bully approach between campus force, minor is in an iceberg all the time under, result in period of time, the ill will between adolescent is mistreated, the video of bully approach, challenging social conscience ceaselessly.
The 9 branches such as Ministry of Education were released in November 2016 " the directive opinion that lays ride roughshod over and force about middle and primary school of prevention and cure " , processing campus ride roughshod over brings into national agenda. Regrettablly, chen Haohan is in in the school when experience bully approach, humiliate, judicatory policy did not serve as this at that time conviction of measurement of penalty important think according to.
This year on March 12, zhang Jun of chief procurator of top people procuratorate is making highest check express when working report: Adult encounters minor ride roughshod over puny, check invalid, the person that can violate to be in undertakes self-defence, do not answer turn a blind eye to, transient without giving thought to.
Same, the topic for discussion of self-defence also is topic for discussion of public opinion core was entered in 3 years nearly two, pass a case to drive, of public opinion and judiciary interactive, make of self-defence standard edit entered drive.
2017 months in March Shandong " Yu Huan case " detonate public opinion field to argue ardently. Popular wishes is billowy, the case is final change the original sentence. After all, "Judicatory adjudgement cannot violate the way of the world " .
Last year " elder brother hill is killed instead case " after detonating public opinion, procuratorate of elder brother hill intervenes in time case, the judiciary announces: Yu Haiming's behavior belongs to self-defence. This year two meetings eve, heibei Lai source kills eaves of Zhao of case, Fuzhou to see justice brave case is maintained to be self-defence by the procuratorate instead. Even Zhao world record is in make do not sue many days 10 short later, among the working report that is written into highest check: "Law cannot to illegal concession " sound echo is in people congress hall.
Can say, to self-defence standard the whole people of the case discusses, become the grasper with public opinion and benign and interactive judicatory, the national law in be being driven treats the promotion of water level. Public opinion is not judicatory " fictitious enemy " , judicatory specializations unexpectedlying flavour move and " popular wishes " big fight windmill.
Just, before " criminal law " gift clearly the citizen's self-defence counterpoises, by built on stilts of mixed earthy policy place, the person that a lot of basic level execute the law handles a case in ground of follow established rules when, block a novel like card husband however " the castle " in says back the gate to law, forgot the heart is in first.
Result, self-defence by legal " did not exceed necessary limit apparently " , become " must end after all methods " , " can not running is wrong " , " the strike back that be hit is fistfight " , layer upon layer follow, long-standing abuse day is difficult.
Should open a window to listen to folk at this moment " sound " , examination law is carried out with legislation original intention and depend on the common feelings of people on its, whether to happen scanty from?
"Him judge encounters mom be insulted, can you take Xiaobenzi to be written down only? " , " cannot count on everybody to resemble Huang Feihong in that way, can to violating person the dot arrives to stop namely " , " rascal kills him came in the home, can you still revolt? " , " hear female neighbour cries for help in the middle of the night, how should do ability not to break the law after all? " ... the piquancy that such speech is taking folk, it is a society rear to justice simple expect, what also promoted judicatory policy is seasonable change direction.
We see, the standard of near future self-defence is being changed sadly, stop no longer at a case that pays close attention to to the society correct, more than also the passive response to public opinion, however the judiciary implements more reasonable standard actively. For instance, hangzhou city procuratorate is right " Cheng Chunping is stabbed to death send case of the person that sell " make self-defence maintain; Procuratorate of county of riverside of glow of peaceful heart city is right " the little brother holds a knife wound to kill an elder brother one is killed instead by " do not approve catch a decision.
5 years ago, chen Haohan stabs a case of campus bully Ling Zhe to death, did not enjoy concern those who turn over campus bully approach, self-defence " judicatory policy bonus " ; On the contrary, come a few this years of judicatory and public opinion benign and interactive, the national law in be being driven treats the promotion of water level, this is not judicatory to popular wishes " cater to " , however the judiciary dare defeat long-standing abuse, in public opinion field " actual strength encircles pink " .
We believe from beginning to end, public opinion is supervised is the insurgent motive force that urges Chinese law progress.
