In 2003, the Supreme Court's Notice on Implementing Ten Systems to Effectively Prevent New Extended Detention also clearly stipulated that public hearings and public judgments were not allowed, but since 2005, it has revived. On March 12, 2007, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security and the Ministry of Justice jointly issued the Opinions on Further Strictly Handling Cases according to Law to Ensure the Quality of Handling Death Penalty Cases, stipulating that the execution of the death penalty should be announced, and it is forbidden to March in the streets or other acts that degrade the personality of the executed person. However, this judicial document did not prevent public arrest and public trial of street demonstrations to show lawlessness. In 2008, it increased significantly, which is likely to start a prairie fire.
? Give a few examples of 20 14:
65438+ 10 16, Linwu, Hunan Province held a public arrest and public sentencing meeting in Qinglan Square, the county seat, and thousands of people went to attend and receive education;
On February 19, Hancheng, Hunan held a public arrest and public judgment and a mobilization meeting to crack down on "two robberies and one thief" in the city stadium, and arranged a special action to crack down on "two robberies and one thief", which effectively shocked the crime;
On March 6, Jiangsu Siyang held a public arrest and public sentencing meeting in Siyang Middle School Square, the county seat, and read the decision to 30 criminals who disturbed public order and 7 suspects. More than 20,000 people attended the meeting and received good social effects.
On March 1 1, Yongxing County, Hunan Province held a public arrest and public sentencing meeting in the county guest house square, announcing the arrest of 20 suspects involved in evil crimes and sentencing 10 criminals;
On March 13, Daying County, Hunan Province held a public arrest and public sentencing meeting in Daying Middle School Square, and publicly detained, arrested and sentenced 25 suspects and criminals of "two robberies and one thief", which also opened the prelude to the comprehensive improvement of the county; Wait a minute.
Second, there are now live TV trials and live webcasts. This is actually a disguised "10,000-person public trial conference."
Third, not all live webcasts in criminal trials are beneficial, but there are still potential risks.
1. The criminal trial procedure is alienated and deviates from the goal of judicial reform. It is easy to engage in formalism.
2. It is easy to repeat the mistake of "decide first and then judge". In order to succeed in the trial, we must do a lot of preparatory work, and this excessive pre-trial preparation will inevitably shift the focus of the trial work to the pre-trial, and the result will revive the disadvantages of the "pre-trial decision" that we have been trying to eradicate, thus finally embarking on the road that runs counter to the judicial procedure reform.
3. The excessive openness and transparency of the live broadcast of online court trials have set obstacles for witnesses to testify in court. Witnesses (including victims) are exposed to the pressure generated by live trial, and their personal "privacy", such as name, address, family status, relationship with victims or criminal suspects, etc. , are exposed to the world. Who can have no pressure?
The most special thing is that this "disguised public trial" may make the defendant bear the label of "criminal" for life because of a criminal act, which is not conducive to the defendant's return to society. An important reason for the resurgence of public arrest and public judgment is that the relevant law enforcement departments are eager to show their "performance" in law enforcement and show their image of strict law enforcement. However, in this way, law enforcers' awareness of the rule of law and human rights is often exposed. This kind of public arrest and public judgment is actually an "image project performance project".