標題: to rely on other departments jointly supervise cooperation. [打印本頁] 作者: u47df0s4ce7 時間: 2015-6-20 12:06 標題: to rely on other departments jointly supervise cooperation. Xinhua Survey: is "human judgment" or have hurt the dignity of law?
Guangdong Pirates'm guilty of commitment afforestation eligible for probation sparked heated debate
Guangzhou Xinhua Reuters January 8 (Reporter Kombo, a bamboo hair) because of illegal felling of trees more than 100 trees, farmers in Huizhou City, Guangdong Province Wei-Liang Chen will be strong and have been sentenced to four years the Court of First Instance. However,http://www.hmsljcz.com/Review.asp?NewsID=147, the second instance verdict "surprising": commuted to three years in prison, suspended for five years and fined 50,000 yuan, more "surprising" is also compulsory afforestation 10 acres. This should serve their sentences in prison Pirates'm guilty, why get the law "kindness"? Reporter on this hot lead users "anecdote" conducted a survey tracking.
Why commuted to four years probation?
March 2010 YAT will be strong and have not been approved by the forestry sector, to hire workers without collective illegal felling of trees baidunzi Farm, and was arrested for illegal sale. Field measurements by the forestry sector,http://km3721.cn/news/html/?62389.html, logging slash range of 5.5 acres, felling forest stock volume of 27.0014 cubic meters.
Huizhou City People's Court of First Instance that, both for the purpose of illegal possession, illegal logging gang collective forest farms all trees, a huge amount, his behavior constituted the crime of illegal felling of trees. First Instance sentenced the defendant Chen Weiliang, who committed illegal felling of trees will be strong crime, sentenced to 4 years imprisonment and fined 3,000 yuan.
After the verdicts, Chen Weiliang, and had refused to accept the strong will to Huizhou Municipal Intermediate People's Court of Appeal. Meanwhile, Hui District People's Procuratorate that the defendant is not the number of illegal felling of trees to reach the huge standards, to lodge a protest.
During the second instance,Lboutin à Bout Ouvert, Chen Weiliang, who will be strong on many occasions to judge repentance: that their behavior is indeed illegal felling of trees for the construction of national ecological harm caused, deeply regret,http://news.mapcamera.com, is willing to use practical actions to replant trees to be damaged their own forests, make up for their sins. They also signed a promise to a judge willing to accept damaged trees five times the penalty, according to the geographical delineation of the forestry sector to replant trees.
Huizhou Intermediate People's Court upheld the view that, according to the Supreme People's Court issued judicial interpretation, illegal felling of trees "huge number" to 20-50 cubic meters or saplings 1000-2000 as a starting point. In the Guangdong High Court did not formulate a specific number of criteria,Louboutin Sandales, the first instance correctly applies the law to protest authorities and counsel that the first-instance judgment belongs to applicable laws and protest improper grounds of appeal shall not be accepted.
But in view of the appellant good attitude, show repentance and promise to plant trees in the forestry sector within the region designated to ensure the survival, not further harm to society, can probation.
Huizhou Intermediate People's Court recently ruling: Court upheld for Chen Weiliang, who will be part of a strong conviction, revocation sentencing part and sentenced the two men to three years imprisonment, suspended for five years and fined 50,000 yuan. By Lin Cheng-sector accounts, according to Wei-Liang Chen, who will be strong deforestation five times, the needs of planting 500 trees, planted 500 trees in accordance with the desired area, Huizhou City, the Forest Service for 10 acres of forest planting saplings as two performance areas.
It is detrimental to the dignity of law or judicial innovation?
Pirates of the forest from prison to commit afforestation eligible for probation, and who will be strong YAT "story" by netizens attention. Some netizens "brick" challenged the court decision as if the rubber band,http://auto.henan.cc/bbs/forum.php?mod=viewthread&tid=2844741, come and go undermine the dignity of law, some users argued that the court's "humane decision" in line with the spirit of innovation and justice, should be applauded, these practices will be promotion.
Recently, the reporter on Internet users' opinions "interviewed legal experts. Some experts believe that the Huizhou Intermediate Court changed the sentence from four years of probation, let Wei-Liang Chen and Zeng will be strong not only by the penalty punishment, but also to make up for the damage to society, to achieve the best effect of criminal investigators. This approach comes from the concept of restorative justice, law punish the perpetrators,http://www.pwebilt.com.cn/forum.php?mod=viewthread&tid=725130, while also hoping to "remedy the situation" so that offenders rehabilitation and return to society.
An Inquiry into the South China University Law School, told reporters that restorative justice in common law countries is more common, often applied to a lesser criminal offense families, juvenile crime. In recent years, China's "temper justice with mercy," the criminal justice policy and practice in the judicial strong proponent of "criminal reconciliation" and so on, have been absorbed to some extent this concept, consider focusing on repairing damaged social relationships, make the offender, victim and community benefit.
Huizhou Intermediate People's Court Criminal Tribunal Chen said that during the second trial, we learned that two of the defendants in the family background and living environment, their criminal purpose is mainly to "livelihood." Illegal felling of trees in the local more common as a typical case, we defendant sentenced to "non-custodial sentence" to increase economic punishment, and ordered its afforestation fulfill social obligations, hope to recoup their losses in the same time, serve to educate the role of the masses.
After the second instance verdict, the prosecution and the defendant Chen Weiliang, who will be strong both expressed satisfaction with the verdict. They both said, we should strive to honor their commitments to plant trees for afforestation.
Who will be strong, "said then err on impulse, in prison I regret almost impossible to describe with words, no longer afraid to do things in the future crimes and I want to cherish life, this mountain into the woods of Shimu, Thus his heart feel better, but also counted as social Zuodiangongxian. "YAT also say that we have begun to dig Pits, it estimated a month later could dig,Louboutin Pas cher, until around March rain comes, it can be under trees species, after We will also conduct frequent inspections to ensure that the growth of seedlings.
Hui District, Hengli Town Forest Zhanfuzhanchang Huang Wenbin told reporters: "They cut the trees Pirates nearly a decade old, makes us feel very sad but now the court of their probation, and ordered to replant trees to be five times the number of illegal logging. Saplings, this way is very good, one can work on them education, on the other hand may be a forestry department to plant more trees, more afforestation. "
Expand application of restorative justice need to improve the system
Chen, Lin had two stolen case judgment by some Internet users and experts as a "bold judicial innovation" in the sense that the sentence in the case of non-custodial sentence, order the offender may be considered to fulfill certain social obligations, to transform perpetrators and restore a win-win social relations. But practice shows that the promotion of the concept of restorative justice also many practical obstacles to overcome.
Experts believe that restorative justice system if there is no related constraints, it may breed a corruption laws affecting dignity and so on. Under the guidance of this concept, the judge will increase the exercise of discretion, the defendant may be trying to bribe judicial intervention; decriminalized treatments include fines,http://mami-group.com/viewthread.php?tid=3552504&extra=, compensation and other substances, easy to have a "take money Punishment" The illusion may lead the public to question the impartiality of the law.
Huizhou Intermediate People's Court said it would continue to follow Chen, has two performance during probation. In the five-year probation period, Wei-Liang Chen and has a strong will to plant trees planting, forestry station under the supervision of the local public security organs and forestry stations provide technical guidance cultivation, to ensure the survival of 500 trees. If the performance is not good, in serious cases, the court may also revoke probation.
Chen admits that there is a genuine problem faced by supporting measures inadequate, need to establish a complete management system and multi-sectoral coordination mechanisms. Court Place trees from a distance, to rely on other departments jointly supervise cooperation.
An Inquiry into the view that the Court does not have enough power to carry out supervision, currently there is no corresponding body responsible for the supervision, community correction has the same problem, so to expand the application of the concept of restorative justice,Louboutin Plates-forme, related systems and measures should be further improved .