Wu Ying illegal fund-raising case triggered a new round of public concern in the Supreme Court the death penalty review period, even the Xinhua News Agency reported and discussed are involved, is definitely not a coincidence, which reflects not just the society to concern the fate of young women was 26 years old when the involved, but also reflect concerns about our judicial and criminal policy of the transition period in china.
in fact, in the whole of social governance system, the function of criminal law is always limited,ミュウミュウ店舗 http://www.beasport.com/champions/class2a1a/miumiu-bags-outlet-28.html, the academic circle of criminal law based on the deep analysis on the functions, has always stressed that use criminal means to maintain modesty, available only as a "last resort" in the. This is the deep consideration to fully guarantee the rights of citizens, the establishment of criminal law and the expansion of judicial power based on the effective control of nature. Therefore, not in knowledge base half solution even distortion law of criminal law applicable to easily. The restraining criminal law, criminal means is the emphasis on the use of austerity and reduce; the last means of criminal law, the criminal law shall be required as adjusting social relations have means to use, emphasizing criminal means intervention lag, cautious, rather than priority. Application of criminal law must take into account the various social circumstances, must analyze the lag factors of system, mechanism of crime causes and social change in the complex, must also maintain the necessary tolerance and kindness, not in a vague law or there are many controversial cases jumped to the conclusion, that the use of heavy, more suitable for the use of the death penalty, not the inherent drawbacks and the responsibility of social system too much to the accused person. And all these ideas of the establishment and practice of criminal law, is in order to promote scientific, democratic and humanistic spirit.
tour Wei East China University of politics and law of judicial
Professor and director, research center of
"priority of criminal law", "heavy punishment, deterrence" in our country is still very "market". When some have appeared economic behavior harm, a lot of people habitually preferred think use criminal means,グッチ アウトレット http://www.thaidances.com/catalog/data/gucci-bags-outlet-29.html, or even that the application of severe punishment, the death penalty, it seems that in order to realize the justice. This First impressions are strongest guilty, severe punishment thoughts, very easy to form the principle of punishment under moderate to legality and effective control of the damage, will be in the "emotional excitement," "execute one as a warning to others", "tough on crime" under the name, imperceptibly to Fuzzy Penalty boundaries, eventually forming of citizens (especially specific suspect, defendant) not appropriate punishment, it is difficult to obtain the people's approval, up to the goal of social governance.
economic crime on society and economy already has the characteristics of potential and indirect. The intertwined with the complex social relations, and even the case of "victim" the existence of their own crime, therefore, are usually not easy to form like murder, robbery, rape and other crimes as the "outrage". Some of the so-called economic crimes "new form" and appears repeatedly, in fact, product is the reform is not in place, not in-depth and thorough "specific historical stage", could not pass the severe punishment to be curbed, more difficult to use the death penalty to be destroyed, must through deepening reform, perfecting the system of "social reform >
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