Peking University scholar Jia Jinglong should not kill Would you like to kill-sopor aeternus

Peking University scholar: Jia Jinglong should not kill? Would you like to kill? Original title: Car Hao: Jia Jinglong should not kill? Would you like to kill? Sino French rating, the first exclusive car Hao (author: Associate Professor of Peking University law school) source: public number China Law Review "appeal not to kill the voices of Jia Jinglong, not only in academic circles, but also in the social public opinion, has been widely supported. The reason for this situation, not scholars and the public pay much attention on Jia Jinglong’s personal fate, will not pay much attention on the death penalty system has been all but fate, criticism and discontent in rural governance and demolition on the sound, found a downstream in the case of export. In recent years, the society has changed quietly. On the one hand, with some country misgovernment of public exposure, all kinds of bribery, the rural grass-roots governance corruption, tyrants phenomenon such as discontent accumulated. On the other hand, the land expropriation, the transformation of the old city, the problem of housing demolition, become the focus of recent events and even criminal cases. All kinds of tragedies caused by violent demolition make the public sensitive to this problem to a high point. The Jia Jinglong case, with rural misgovernment and violent demolition and public dispute such as multiple colors, like a ditch, the discussion of these social problems and emotions, draining into a case of concern. In this sense, it is an outlet. Raging public opinion, the Supreme Court and menacing, straight. To kill or not to kill, not only is the problem of life and death of Jia Jinglong, but in asking the Supreme Court even higher, has been the symbol of the country, and the wicked political violence relocates the government and the people of the fight in the end what position. Recently, the Jia Jinglong case, once again raised the issue of national concern for the death penalty. Discuss a variety of different positions, angle of 100, I divide them into two aspects of the argument. One should not kill, two is not to kill. The so-called should not kill, refers to whether the case is in line with the implementation of the law of the death penalty is applicable to the standard, is based on the analysis of the law of the problem of dogmatic. The so-called kill, it is said that the case of the death penalty in the social effects of the pros and cons, is a policy oriented, functional, the consequences of the consideration. The former is legal effect, the latter belongs to social effect. The former is suitable for the professional analysis of the criminal law scholars, and the latter is open to all the legal person, the general intellectual and even the general public and the media. A lot of discussion, often confused or mixed. I think it helps to distinguish public platform contention more focused, to help participants understand the problems, but also to recognize their own. Need to be explained in advance, the fact that the following discussion of the law is based on the fact that the Jia Jinglong case has been open to the referee’s documents, but also includes some of the media disclosed the fact that there is no dispute. Should not kill the should not kill the "should", is what should be the crime, it is necessary to constitute the elements of this, that is, the meaning of. Jia Jinglong case is consistent with the implementation of the death penalty standards? This is the first to look at the law, in the end there is no such a clear, can meet the standards. The death penalty itself is very.相关的主题文章: