introduce
Yu Huan's intentional injury case was born because of an article "stabbing and humiliating his mother" in Southern Weekend, which set off a public opinion field in China. I watched it silently for six days, witnessing the whole network from violence to peace, from disapproval to understanding, from the sensibility of "emotion" to the rationality of "law". In fact, this is also a process in which the rule of law construction, crisis response and netizens' literacy in big countries are gradually maturing. For this, I want to praise several groups.
1, praised by the judiciary
No one, including the author of the article "Stabbing to Death and Humiliating Mother" and Yu Huan's defense lawyer, expected that this article would cause such an uproar, overwhelming doubts and abuse, and Liaocheng fell into a situation of condemnation. At that time, I was not optimistic about the response to this public opinion crisis. After all, netizens are threatening, plus some specious rumors, my feeling is that Liaocheng is in danger.
However, I still underestimated the responsibility, wisdom and self-confidence of China's judiciary, and underestimated the tolerance, reason and talent of netizens in China. Let's review the official response trajectory after public opinion:
March 26th 10: 43 Shandong Higher People's Court: Inform the progress of Yu Huan's intentional injury case at the first time. The Shandong Higher People's Court accepted the case on March 24th, 20th/KLOC-0th/7th, and formed a collegial panel with senior judge Jason Wu as the presiding judge, judge Wang Wenxing and assistant judge Liu as members. At present, the collegial panel is comprehensively reviewing the case file, and will inform the appellant Yu Huan's defense lawyer and the attorneys of the appellants Du Hongzhang, Xu Xiling and Li Xinxin in the incidental civil action to read the papers and listen to their opinions.
The Supreme People's Procuratorate March 26th 1 1: 16: Sent personnel to Shandong to read papers, listened to the report of Shandong Provincial Procuratorate, and was conducting a comprehensive review of the facts and evidence of the case. It also emphasizes that the people's procuratorate at a higher level has the right to revoke or change the decision of the people's procuratorate at a lower level; If mistakes are found in the cases handled by the people's procuratorates at lower levels, they have the right to instruct the people's procuratorates at lower levels to correct them.
March 26th 1 1: 37 the Supreme People's Court: The notification of Shandong Higher People's Court on the case progress was forwarded in time.
March 26th 12: 50 Shandong Provincial Public Security Department: On the morning of 26th, a working group was sent to the local area to check the police and handle the case.
16: 27 On March 26th, Shandong Provincial People's Procuratorate: According to the law, "Yu Huan's intentional injury case" was put on file for investigation, and capable public prosecutors were dispatched to conduct a comprehensive review of the case at the first time. Whether Yu Huan's behavior concerned by the public is justifiable defense, excessive defense or intentional injury will be examined and determined according to law; An investigation team composed of personnel from anti-blasphemy, public prosecution and other relevant departments was set up to investigate and deal with the dereliction of duty and other behavior problems of the police reflected by the media in the law enforcement process.
17: 27 Liaocheng City, Shandong Province: A working group led by the Municipal Commission for Discipline Inspection and the Political and Legal Committee of the Municipal Party Committee was immediately set up, and a comprehensive investigation was conducted on the police inaction, usury, and triad-related crimes involved in the case. In the next step, Liaocheng will fully cooperate with the judicial organs at higher levels, investigate and punish according to law and discipline, and respond to social concerns in a timely manner.
March 29 15: 02 Shandong Higher People's Court: On March 28, the collegial panel informed Yu Huan's defender, the victim's close relative Du Zhihao and the victim's agent ad litem Guo Yangang to come to our hospital to consult the case file.
The Supreme People's Court, March 29th 15: 14: The briefing of Shandong Higher People's Court on this case was followed up again.
In addition, V "Chang 'an Sword", a well-known authoritative political and legal expert, and WeChat, the official account of the Supreme People's Court WeChat, published commentary articles in succession, trying to release goodwill and sincerity to all sectors of society and the vast number of netizens, trying to mend cracks, and trying to seek the rule of law in emotion, reason and law, which also played an important role in guiding public opinion.
On March 25, Chang 'an Sword: "How does the judiciary face the surging public opinion of the case of' humiliating mother and killing'"? 》
On March 26th, "Chang 'an Sword": "Chasing justice in China in the case of humiliating mother and killing: being ashamed of our country and our Qing Dynasty".
On March 27th, Chang 'an Sword: "Yu Huan Case: Cherishing the Benign Interaction between Justice and Public Opinion"
On March 28th, Chang 'an Sword: "Yu Huan Case: Why did the Supreme People's Procuratorate intervene and the Supreme People's Court" stay put "? 》
The Supreme People's Court, March 26th: "Another Open Class of Rule of Law for All".
The Supreme People's Court, March 28th: "The rule of law is condensed in the debate".
The Supreme People's Court, March 29th: Hot comment on the case of Yu Huan: I believe the meeting will be held when the flowers bloom.
From the perspective of judicial credibility, all actions taken in the official response are completely within the framework of the legal system, stressing both law and principle, so as to investigate the situation clearly before drawing conclusions, attach importance to facts, rely on evidence without blindly defining, and take responsibility without covering up mistakes and being held accountable.
From the perspective of public opinion guidance, all the departments involved have avoided it and responded by their superior departments. But in the face of surging public opinion, they did not lose their temper, but acted calmly and confidently in accordance with the laws of public opinion. Judging from the response effect, it can be summarized as "timeliness, concentration, attitude, temperature, interpretation and analysis". As netizens said, they found the greatest "common denominator", which greatly won the basic knowledge of the whole network and effectively eased the crisis of public opinion.
The most commendable thing is that in the process of public opinion development and response, it is difficult to see signs of official intervention in folk voices (except for a few harmful information and rumors). Both sides can speak freely. No matter the departments involved or their superior departments, they are in no hurry to find authoritative media or experts to wash the floor. They accept the opinions and suggestions of netizens with an open mind and encourage changes.
Once upon a time, the judiciary in China, judges in China, prosecutors in China and police in China all regarded public opinion as a scourge. After countless lessons, we finally see that in the face of major negative public opinion, even if the storm is coming, the judicial organs can always carry out the response and disposal work calmly, confidently, effectively and orderly. This is the confidence of public opinion.
And where does this confidence in public opinion come from? That's because I have a clear conscience and no ghosts in my heart. Dare to show your sword to mistakes and dare to operate on yourself. If there is a mistake, I will correct it and change it. That's because I believe in the law and believe that netizens believe in the law; That's because I believe in myself, believe in my persistence in the law, and believe that my persistence can win the recognition of netizens; That's because I believe that the rule of law in China is advancing with each passing day, and I believe that the great ideal of governing the country in an all-round way will be realized.
We are not afraid of mistakes, we will correct them. Undeniably, there are still many problems and deficiencies in China's judicial situation, and the people are still not satisfied. However, under the background of comprehensively administering the country according to law, strictly administering the party and comprehensively deepening the reform, especially a series of problems solved since the pilot reform of the judicial system, China's judicial self-confidence will surely reach a new level.
2. Like netizens
There are six main types of netizens' voices in this public opinion: First, they were misled by rumors in the early stage, sang China justice, shouted that the law was dead, and attacked Liaocheng judicial organs, especially the judges handling cases; Second, fully support Huan from the perspective of human relations and request the court to make an acquittal; The third is to call for a severe crackdown on the management of underworld and usury; Fourth, experts, scholars, lawyers and some police officers from the legal point of view, the court's decision is correct, but it should be considered as excessive defense and the punishment for Huan should be reduced; Fifth, some political laws and regulations support Liaocheng court and the police in court from the media; The sixth is to discuss the various backgrounds of the parties in Huan case, and then make comments.
Although there have been various voices on the Internet, and some even exchanged insults, compared with similar cases in the past, it is rare for netizens (except a few die-hards, wall pushers and die-hards) to deny China's legal system and political system by means of case attacks. In particular, countless netizens have maintained a relatively rational and restrained attitude and participated in the discussion of this case. They don't know the law and express their personal demands from the perspectives of rationality, ethics and morality, while those who know the law analyze the law from the perspectives of factual evidence, legal provisions, crime composition and defense limits. As the Supreme People's Court and WeChat official accounts wrote: This is an open class of rule of law for all.
Thanks to all the netizens who rationally participated in the discussion of this case, because your maturity has increased the public confidence of the departments involved, and at the same time reduced their pressure. I hope everyone will continue to participate in major public opinion events and point out the mistakes and shortcomings of the ruling department with their own rationality and wisdom. Only when they do better can we live better.
3 like the media
This view may make people in the system very disgusted. Although I have written articles criticizing the media before, I will write again in the future. However, I want to say objectively and fairly that the correct supervision of the media is an indispensable tool for the existence of a country. If the media dare not supervise and rely entirely on self-supervision, problems will arise sooner or later.
Undeniably, some media, especially a few urban media, have no idea of the overall situation and blindly pursue the timeliness and sensational effect of news. Journalists, editors and leaders are extremely irresponsible, resulting in many false news, various headline parties and various news taken out of context. We must oppose such news, such journalists and such media, and I will crusade with you.
However, we also have to ask ourselves, are we really perfect? No, there are still many mistakes and flaws in real work. Let's recall carefully that many cases that were hyped on the Internet proved to be problematic in the end, such as some misjudged cases. If there is no follow-up report from the media, the case may never be turned over. Take the case of Yu Huan as an example. The purpose of writing this article in Southern Weekend is to be a villain first. Under the dark speculation, lawyers and authors are trying to change the conviction and sentencing of the parties, create public opinion and put pressure on the court of second instance. If the verdict is changed in the second instance, some netizens will definitely say that this report has played an important role. Of course, if there is something wrong with the case, it is also possible that the judge of second instance handled the case in strict accordance with the law and made a correct judgment. I give this example, and I have no intention of interfering with the judgment of the second instance at all. Maybe the court reviewed it and thought that the first trial was completely correct.
On March 27th, Southern Weekend published an editorial entitled "Positive Interaction between Public Opinion and Justice to Enhance the Sense of Fairness and Justice", responding to netizens' queries and official actions, and evaluating the "phenomenal" response of the political and legal departments.
Closer to home, when it comes to domestic media reports on Huan case, most of them are reliable. In addition to the southern weekend, a few people were frying cold rice. They didn't hit people when they were down as usual, fanned evil spirits, and didn't stare at them, criticizing eggs and "beating Reservoir Dogs". This is really hard to come by. It can be said that this outbreak of public opinion is basically an article in Southern Weekend, in which all netizens spontaneously participated.