Judging from the sources of public opinion, although Weibo is still the most important public opinion platform, up to now, the topic of # Stabbing and humiliating mother to life # hosted by Guan Wei of China Youth Daily has reached 830 million person-times and 409,000 articles have been discussed. However, it should also be noted that the ability of traditional mainstream media in topic promotion and topic setting has been fully demonstrated again. According to statistics, some websites reprinted more than 3 million news comments, and more than 300 news websites reported more than 1000.
Among them, China Youth Daily: People who stabbed and humiliated their mothers were sentenced to life: Please give citizens legal justice to overcome evil.
The law is gray, but the tree of justice is evergreen. Similarly, the law is cold, but the spirit of law has a temperature. Any improper law enforcement and unfair judgment is a betrayal and harm to the spirit of law. At present, the defendant has filed an appeal, expecting that in the upcoming second trial, the judicial organ will insist on "exercising judicial power independently according to law", uphold the spirit of law, make a fair judgment, realize the unity of eliminating social harm and preventing criminal violations, and demonstrate the justice of law.
People's Daily: Humiliating Mother and Killing: How the Law Responds to the Ethical Dilemma
In other words, in the eyes of many people, Yu Huan's behavior is not only a legal behavior, but also an ethical behavior. The review of whether the judgment is reasonable is also to show the conflict between the behavior stipulated by law and the behavior required by ethics, and to show the possible gap between the truth of law and human nature. It is also from this perspective that we can "let the people feel fairness and justice in every judicial case" by responding to the demands of good people, examining the ethical situation in the case and facing up to the ethical proposition in the rule of law.
Chivalrous Island: Losing trust in justice is the most terrible thing.
We don't approve of public opinion interfering with justice. However, when a criminal case is generated as a social public event, the discussion it brings will undoubtedly inspire people's wisdom and even affect our confidence in the future direction of the rule of law. In the day when the screen was screened, there were hundreds of millions of comments about insulting the mother's assassination, which is a vivid footnote for Chinese people to pay close attention to the rule of law. Facing the 22-year-old Yu Huan and the possible gap between natural justice and legal justice in this case, we just want to say that justice is not only related to the landing of paper rules, but also to the value demands behind the rules, and it is also related to people's wishes and ethical feelings.
The collective voice of these heavyweight media has formed the knowledge of judicial justice, legal temperature, ethics and other aspects in the uproar.
As far as the units and departments involved are concerned. Supreme Inspection Attitude: Authoritative release on Sunday, March 26th: "Recently, the media reported that Yu Huan's intentional injury case in Liaocheng City, Shandong Province was a case of insulting his mother and killing her, which aroused widespread concern in society. The Supreme People's Procuratorate attaches great importance to this, has sent personnel to Shandong to read papers and listen to the report of Shandong Provincial Procuratorate, and is conducting a comprehensive review of the facts and evidence of the case. Whether Huan's behavior is justifiable defense, excessive defense or intentional injury will be examined and determined according to law; The police reflected by the media have dereliction of duty in the law enforcement process of this case and will be investigated and dealt with according to law. "
Chang's attitude: On March 25th (Saturday), I commented on the case of "humiliating mother and killing". How does the judiciary face the surging public opinion? ",three of which caused many netizens to scream: The first sentence is that although the wind is everywhere, political and legal personnel should thank public opinion supervision, because sunshine is the best" preservative "; In the second sentence, in the face of fierce public opinion, facts and laws are still the "anchor needles" of judicial workers; The third sentence is that care will eventually form strength, so that the son can have a "legal situation" ending.
Attitude of Shandong Higher People's Court: On March 26th (Sunday), it issued a briefing on the case of intentional injury by Yu Huan, indicating that it accepted the appeal of the plaintiff and the defendant, accepted the case, and formed a collegial panel according to law, which will be tried according to legal procedures.
Ji 'nan Public Security Attitude: On March 26th (Sunday), the official Weibo released two Weibo, the contents of which were "Love returns to love, law returns to law, this is the right way" and "How wonderful things are, the donkey is in the car". Donkey: Don't want to fight! Bus: You can hit me a thousand times, and the injured donkey will always be you! "The second picture of Weibo shows a donkey hitting a bus.
Attitude of Shandong Provincial Public Security Department: On March 26th (Sunday) 12: 50, it was released in the official Weibo: "# Information bulletin # Shandong Provincial Public Security Department attached great importance to the intentional injury case of Liaocheng Yuhuan reported by the media, that is, the case of humiliating mother and killing. On the morning of the 26 th, a working group was sent to the local area to check the police handling and case handling. "
Attitude of Liaocheng Government: On March 26th, Liaocheng issued an official statement saying: "After Yu Huan's intentional injury case was reported by the media, Liaocheng attached great importance to it, and immediately set up a working group led by the Municipal Commission for Discipline Inspection and the Political and Legal Committee of the Municipal Party Committee to conduct a comprehensive investigation on the police inaction, usury, black and evil related issues involved in the case. In the next step, Liaocheng will fully cooperate with the work of the higher-level judicial organs, investigate and deal with them according to law, and respond to social concerns in a timely manner. "
Around this incident, among the frequent debates among various information sources, media and opinion leaders, several arguments are the focus of the debate.
1. Does that unspeakable humiliation really exist?
When interviewing witnesses, some media mentioned that the debt collectors insulted Huan's mother Su, including not only taking off pants and shoes to block her mouth, but also playing pornographic videos and throwing soot at Su's chest. However, in the judgment, these situations are not reflected.
HK_CC_BEST: The Southern Department has just made two preparations. If Yu Huan is acquitted in the first instance of the case, the Southern Department will certainly plead for the deceased. We no longer take the theme of "humiliating mother and killing for life", but focus on "exposing genitals won't kill him" and "he was brutally killed only because his pants fell off" This is not that they care about the case itself, but that they have a purpose.
Don't miss the passing: wait for the final result of the happiness case! Some people say that there is no such thing as insulting his mother with genitals! Then I wonder where Huan got the courage to kill! And what are the chances of a person facing eleven people! Someone is defending the police and debtors! Say that the media is bad media and create false public opinion! I just want to know that you have not insulted your mother. Did you investigate? The media has at least been here! Why is there no media to speak for the debtor? The high court has stepped in! The truth is out! There are too many bullying incidents at the bottom of society every day! I hope to see the results I expect!
Rumor and truth: even digging three feet into the ground, only to find evidence that the deceased was "exposed". Is Huan's mother disappointed to be "rubbed, fanned and stuffed" by netizens? For these netizens, you told them that Yu Huan's mother was "not slapped by her genitals or stuffed into her mouth." -They will use their retarded brains to make up a lot of questions and ask, "Exposing your nakedness" is not an insult? What would you do if your mother did this? Is the judgment necessarily correct? Bureaucratic bandits, understand? You're washing the floor! -They are only willing to accept that Yu Huan's mother was "rubbed, slapped and stuffed in her mouth".
2. Is the media selective? what is the purpose?
Lawyer Gao's father: The purpose of this news is to change the judgment and interfere with the judiciary with public opinion. Now it has become a hot news. Journalists gain fame and fortune, courts become ants in hot bricks, and policemen are shot. The suspect lightly sentenced the public to cheer, and the court sentenced it as a joke. The second trial upheld the original judgment, and public anger began to say that the court was wrong. The ultimate damage is the authority of the court's judgment. If someone is dissatisfied with every sentencing case, they will go to the media and let public opinion affect the trial result. Then why should we investigate the trial? In the future, if something goes wrong, you can find the southern newspaper and I will find the northern newspaper, so that the two major media can encourage netizens who don't know all the circumstances of the case to tear each other up or tear them up if they don't return.
"CU inspection statement" of WeChat official account: The facts described in the report of Southern Weekend are still quite different from the facts in the first-instance judgment in some key parts. Of course, I'm not questioning that Southern Zhou journalists deliberately distorted the facts or incited them. However, the facts identified by the judge in the judgment are legal facts based on all the evidence, and what the reporter wrote is the facts summarized after truthfully recording what the interviewee said. However, in the field of public opinion, no one will pay attention to the facts identified in the judgment, and the public is obviously more willing to believe the news reports written by reporters. As an investigative reporter, when reporting such cases, should we also interview prosecutors, judges and police officers who handle cases and give them equal opportunities to express their views and describe the facts, instead of recording only one side's voice as it is now, so that the public security inspection law will fall into a situation where the whole network is scolded.
3. Is the police inaction on the spot?
Han Dongyan:
Just like a pavilion: the excessive behavior of the underworld and the indifference of the police created Yu Huan's impulsive killing. I mean, what do police do for food? Why don't they mediate between the two sides and leave! Yu Huan killed someone, but his mother was forced to. If he doesn't demonstrate, others will show him. When a person is humiliated, especially his mother, will you let it go? If I were Yu Huan, I would do the same!
4. Is it self-defense?
Professional flat tire bear lawyer:
Beijing News: "Murder by humiliating my mother": I have never experienced debt collection, and I don't know how terrible debt collection is.
Of course, there are many ways to defend yourself, and you don't have to stab someone with a knife. Then analyze it in detail. In order to stop hurting personality and people, does Yu Huan have any other choice but to stab people? His first move was to defend himself with a knife and ask the debt collector to go away. But when a group of debt collectors gathered around, did Yu Huan, who was desperate and angry, have any other choice? Or, can any normal person have other choices? If you say that putting down the knife and letting the twelve strong men invade is also an option, then I will count you as the winner. The law is actually extremely inclusive. In the hands of wise and fair judges, even cold laws can accommodate the warmth of reason; But in the hands of reckless and numb judges, the law is just a series of mechanical rules that can be fooled.
5. Sue's identity background
6. Is the verdict fair?
To sum up, looking at the trend and content of the whole public opinion, this is a national condemnation and a universal popularization of law. But first of all, from the origin of the incident, this case has exceeded the content boundary that the judicial system can bear. Its fundamental social internal cause lies in the chaotic and wanton growth of private lending ecology and the survival of small and medium-sized enterprises under the current background conditions. On the evening of 26th, People's Daily commented that countless small and medium-sized private enterprises are desperately supporting China's real economy with the most grass-roots strength. It is difficult for them to get credit support, but they have to bear high financing costs, but they have become the biggest contributor to solving the employment problem in China. This contribution deserves the respect of the whole society and should be supported by the financial industry in every possible way, not discriminated against. I hope that Yu Huan's case can remind China financial circles to face up to their social responsibilities, not to add salt to China's economic wounds, and not to add insult to injury to usurers. ...
Therefore, in the face of a typical case, what we have to think about is how to avoid the recurrence of similar difficulties, so the first thing to be solved is how to remove the soil and environment that breed crime and evil.
In addition, the reason for the upsurge of public opinion events comes from the emotional psychology caused by people's insecurity. People not only care about what evils the law can punish, but also care about how many interests the law can protect. In this case, questioning the police is an important reason to stimulate public opinion. As a law enforcement department, is there really collusion in such behavior, or is it a helpless move without power and influence? When the interests are infringed, is there only a choice to pick up the knife? In the undercurrent of society, how much is floating in the gray area outside the law?
Finally, we should have a little knowledge about judgment, and professional things need professional people to solve. In the process of legal construction, we all hope that there is enough flexible space in the cold provisions to keep them warm. However, the law is not a romantic picture, and it is not necessary or allowed to be modified by some purposeful public opinion at will. Law is not loyalty. Since fairness is emphasized, it should be fair not only to the living, but also to the dead. Therefore, as an audience, we should not be misled by emotions and temporary cognition. Sometimes the best truth is not the truth we want to believe.