Qiu Xinghua widely concerned about the large Shaanxi murder in the second instance verdict nine am today the city of Ankang, Shaanxi, Shaanxi Provincial High Court rejected the appeal said, upheld the death sentence of Qiu Xinghua, but also that the Church's defense lawyers and family members were put forward for the high identify reasons for lack of the spirit of the application not be supported. in front of reporters sent back reports that an estimated Qiu was shot in the afternoon.
although according to my knowledge and experience of the Chinese justice, this decision should be announced immediately in real time , without surprise, Spencer has become the ghost is probably not at this time also went to the execution ground in the way. but based on the greatest good wishes, I still believe he is not yet entered the implementation process, and has recently written a will re-issue the old articles to change the text.
but media attention and appeal, Qiu Xinghua, at least in the case up to now there have been dramatic changes in public opinion, from the beginning of the cries of crime detection and pursuit, to the stage of investigation the details of the inquiry and indignation, to the first trial phase of the rational coverage, and even the media and experts and scholars today jointly called for Qiu Xinghua for psychiatric evaluation, every link, all reflect the media as a public institution's concern for social events, but also reflects on academics as a professional resource owners on balance the public interest.
According to Zhou Ze, and professor of China University of Politics and Long Wei Bing, five ball joint through the network of legal experts issued an open letter requesting an immediate judicial intervention in Shaanxi Qiu Xinghua killed 11 people accused of judicial psychiatric appraisal. This calls for an immediate public opinion and the community a big hit.
Despite the time I finish this article so far, yet to see this open letter on the right sector of any response, even parties may eventually are likely to ignore this request, but I Or want to open letter of support that an ordinary citizen, in my opinion, for a psychiatric evaluation for the Qiu Xinghua, heaven will not fall. spend a little time and so little expenditure, Qiu Xinghua's case can be more perfect to do, but also for our has always been advocating the concept of fair judicial process fresh notes.
first instance verdict from the facts, if not in spirit Qiu Xinghua judicial sense of release or diminished responsibility, reasons for the death penalty for Qiu Xinghua end sooner or later things, to say the least, the light in this case the circumstances are serious, great indignation, and his means of committing the crime during and after the continuous brutal massacre of innocent people, enough to But the problem is, according to counsel investigation, the witness testimony, Qiu Xinghua did the family history of mental illness, and also to prove that Qiu Xinghua my mental state is not normal. Under such conditions, if not the spirit of Qiu Xinghua identification of the rush to closed or even executed, it will seriously damage the rights of the accused, but also would seriously undermine judicial authority.
according to China's verification and confirmation procedures, not criminally responsible, psychiatric evaluation, in fact, is to protect the legal rights of the accused, the interests of justice necessary requirement is the bounden duty of the judiciary.
Unfortunately, until today, despite including some mental health experts and jurists, including, many people Qiu Xinghua's mental health status of criminal responsibility and questioned, but authorities and to be rejected, but also has not been identified to the spirit of Qiu Xinghua did, but directly to the death penalty. This approach, at least not convince people. < br> As we all know, the death penalty is the deprivation of life sentence, if implemented will not be able to restore the death penalty to maintain the necessary caution, it is just a necessary requirement of justice. For this reason, the death penalty cases, as long as there is reasonable doubt, for appraisal to should be supported.
for Qiu Xinghua case, I'm afraid to try to figure out with the worst ideas to the mentality of the judiciary, perhaps, is to see the seriousness of the case and public anger, the judiciary can not be identified on the Qiu Xinghua , because if the result is the identification of mental health problems Qiu Xinghua, then, Qiu Xinghua becomes hot potato mm judicial death penalty is illegal, not the death penalty can not be Ping Minfen grievances, especially the victims.
this attitude, a few thousand years of Chinese traditional minds of Qiu Xinghua such of major criminal cases, especially criminal cases, defendants have taken on substantial many cases led directly to a serious breach of procedural fairness, and ultimately harm the rights of the accused, but also undermine the impartiality of the judiciary.
how to deal with the issue of Qiu Xinghua, I believe that since there is reasonable doubt, the judiciary should be on these doubt provide a reasonable explanation, and psychiatric evaluation was performed to eliminate or certainly the only option for these questions. You know, for a death penalty case, no matter how compelling your evidence, no matter how consistent execution that ;, as long as there is a doubt in this case, it is the failure of the case, that is, the legitimate rights of the accused and justice irresponsible decision.
the spirit of Qiu Xinghua identification is not complicated, the court or by the application of the parties terms directly determine, in accordance with legal procedures can be. even if such identification will take some time, but this is the inevitable price of justice. be sure to pay attention to that, including the police, prosecutors and judges, since they are not psychiatry experts on mental health identified Qiu Xinghua, definitely not by the non-specialists to determine the perception of people to the surface, but must have a psychiatric expert and statutory bodies to provide identification. From this sense, Qiu Xinghua not identified, is highly irresponsible, but also extremely dangerous behavior.
identification of Qiu Xinghua will not lead to social chaos, on the contrary, reasoning things out can be done to identify the results came out, if it determines the Church have the full criminal responsibility, but also allows one to understand his death, so that the people be convinced, so that China's judicial process reflects the substantial justice.
Assuming the final results of the identification of Qiu Xinghua was indeed the spirit of its unhealthy, but also need not worry about the judiciary free of Qiu the punishment or a mitigated punishment will lead to a new public anger, because anger judiciary itself is not set up for the people, judicial decisions is not undertaken to satisfy public anger, the judiciary and judges should be detached from outside the public sentiment, they must have bravery courage to face the real situation of each defendant and in accordance with the provisions of this situation to make decisions in line with the law, judges should believe, as long as your decision is truly fair and open, and is in line with the requirements of procedural justice, the verdict on by the afford to challenge the so-called public anger, but also stand the test of history.
Unfortunately, it seems that Qiu Xinghua not get this opportunity, the Chinese judicial due process has been respected and have lost a very good performance opportunities, Chinese citizens again strongly feel the characteristics of China's judicial light procedures.
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