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Sun Weiming sentenced to death, and reasonable legal

Lu Ning

Yesterday afternoon, Chengdu Intermediate Court last year, “12.14″ Extraordinary Traffic Accident first instance verdict, to dangerous means Sun Weiming driver sentenced to death.

View of the 12.14 “create serious traffic accident four deaths and one injury in the tragic consequences, in Chengdu, Sichuan and domestic, the social psychology of the case have had a serious negative impact on the case of First Instance handed down a very high degree of social concern.

Sichuan, Shanghai Daily, as readers, I think that the sentencing court of first instance found on Sun Weiming, “Crime and Punishment,” the principle of the law in circumstances that could pass.

Sun Weiming, as adults, know driving without a license unlawful; know drunk driving is “illegal overlay”; known downtown drag racing (more than 134 kilometers per hour) is prohibited by law; know who killed drunken driving offense; killed more people after the escape Department of more serious crime. In other words, Sun Weiming hand steering wheel in the moment, is fully aware of their behavior is likely to cause serious harm to public safety, but he eventually spawn self indulgence tragedy. This constitutes a Sun Weiming subjective intent crime. As a result of Sun Weiming caused by an intentional crime is not worth mentioning the serious social consequences.

The establishment of the above criminal facts and legal principles, the control section 114 of the Penal Code and section 115 of the first paragraph, Sun Ming-wei of the crime, indeed constitute a “crime against public security in a dangerous way,” the criminal element. The maximum penalty is a crime of the death penalty, than the subjective intent of the Sun Weiming crime and the serious social consequences, its indeed deserved the maximum penalty imposed.

To the author to write this article last night, the network of public opinion on the first trial did not impose the death penalty, Sun Ming Wei concentrated release of the Voice of challenge, but some still take the media this week China Faces the case of a defendant’s first trial, Hu Bin sentence than the first instance of Sun Ming Wei, sentencing, and then the “killed people with the drive, so why the disparity in sentencing,” the doubts.

I first instance verdict in the case of Hu Bin news release, served as the newspaper wrote an editorial, Hu Bin’s case cause of action by combing the fact that the Court of First Instance found to the Crime of Hu Bin to 3 years in prison on the “top grid penalty” (the The maximum penalty for the crime), as follows, “Crime and Punishment” principle. Due to space limitations, the author is no longer the case on the Sun Weiming Hu Bin case with the “big difference” for the fact that the analytical level, there is still need for “two cases” for the social dimension of analysis:

Ming-Wei Sun case is consistent with the “dangerous means crime,” criminal elements, it in itself constitutes a public safety incident. Things now, the case from the Jingfangxingju investigation, prosecutors indicted approval of arrest, the court ruling placed on file in all links, have been placed under community supervision by public opinion. Concession speaking, even if the public security sectors and act a certain point of little tricks, this time also no possible, otherwise “up and down about” not answered. Therefore, the case must be a first-instance ruling can withstand any challenge to the propriety, ruling, reliance or reliance Jieke exclude light, an emotional decision is even less likely. If so, even though Sun Weiming not agree on the first-instance ruling, which may take the second instance, but the possibility of first instance has been overturned little.

Hu Bin proved to be the case (at least not so far taking tough anti-proof) does not constitute a “crime of endangering public safety in a dangerous way,” but the “rich second generation” status, and Hangzhou, the traffic police terribly wrong with “deceptive real horses” fast and the traffic accident “upgraded” to social and public events, affects the social stability “factor of instability.” Guer, Hu Bin in the entire case handling process, in Hangzhou, the traffic police on the “deceptive real horse” apology, all transmission of the disease may be playing the “loopholes” have been blocked. That is, only to follow the sentencing on Hu Bin, “Crime and Punishment” principle, while sitting in the quality assurance is “never violated the law” and “political discipline.”

If so, these “two cases” from the criminal facts, applicable law shall, to the handling of cases are very different backgrounds, both the disparity in sentencing is not directly comparable.

Talk sense, Ming-Wei Sun and sentencing is the legal community to meet the reasonable victim’s family to explain the law. Placed on the social level, this is the rule of law to protect life and property safety of citizens just move and whom to cite. Chengdu Intermediate Court in this case, the law established in all circumstances. Right now China has done almost crazy drunken driving phenomenon, will play a deterrent. And to a greater extent to contain the high Traffic Accident, the legislature amend the law when the step up program start, a substantial increase in the cost of such crimes.