September 2008 1 1- 15 urgently needs the help of one or two legal reporting gods.

[Legal Report] Very Begging (2008.09. 12) Introduction: The beaming mother who arranged the wedding for her son suddenly received the bad news that her son was killed, and the child lost his daughter-in-law and grandson. If you lose your only son who has worked hard for 27 years, how will the mother face the injurer? Moderator: Before starting today's story, let's meet two people. First, let's look at the man on the screen. His name is Song Xiaoming, a native of Handan, Hebei Province, and he is also the defendant in a case of intentional injury. The old man named Liang is the mother of the victim in this intentional injury case. On June 26, 2008, the two met in court. What kind of scene will it be? On June 5th, 2008, Ma Gang's murder case was heard in Beijing No.1 Intermediate People's Court. "I'm sorry, mom, you must take care of yourself and wait for me to come out!" This scene made everyone present very moved and surprised. Why did this pair of sworn enemies meet in court? Let's take a look at today's reporter survey. Liang Jia lives in Beihou Village, Handan City, Hebei Province. In the eyes of neighbors, this is a happy family. The old couple have a lovely little daughter who works in Handan and their eldest son who works as a security guard in Beijing. What makes the Liang couple even more happy is that a few months ago, when my son came home, he told them a good news, and his son came back with his partner. Since then, Liang and his wife have been busy arranging the wedding for their son. The only son is getting married, and the future daughter-in-law is pregnant. The old couple happily repainted their home and bought a sofa and TV from the city. From June 5 to1October 8, 2008, on the first day of the twelfth lunar month, Liang and her husband planned to buy a new quilt for their son to get married the next day, in order to do a good job in his son's big event before the Spring Festival. In order to make every household have a safe Spring Festival, the police of Sijiqing Police Station of Beijing Public Security Bureau are patrolling the area. In the evening 18: 00, the policeman Zou Ping and his partner received the warning order from the jurisdiction. The police found two young people at the scene, one of whom was seriously injured. At this time, 120 also arrived, and the injured person was quickly examined by ECG. At that time, the man had been declared dead. The young man who died was Ma Gang, the son of the Liang couple in Handan, Hebei, and the young man holding him was the defendant in the court we saw in the credits. The police learned that they met a few months ago, when Ma Gang was a small person in charge of a security company, and Song Xiaoming worked as a security guard under him, but Ma Gang still didn't give Song Xiaoming more than 300 yuan after the work. Repeated reminders failed. The case happened on June 8, 65438. Song Xiaoming asked Ma Gang for money again because he was going home for the Spring Festival. Ma Gang said he had no money, so they quarreled without saying anything. During the quarrel, Song Xiaoming stabbed Ma Gang with a sharp knife he carried with him, and Ma Gang was injured in many places. Seeing that Ma Gang was badly injured, Song Xiaoming, who had fled, turned around and hugged him, and asked people around him to call to save Ma Gang. The arrival of 120 did not keep Ma Gang's young life. When he learned of the death of his son Ma Gang, Liang Jian, his mother who arranged his marriage at home, blushed. I expected my son to find a wife when he was older. When he is old, he has a support and a pension to die, but ... Ma Gang is the only child in the family, and the family is counting on him to carry on the family line and give him a pension. Unexpectedly, he suddenly left, and his grief-stricken mother Liang pinned all her hopes on her future daughter-in-law. Finally, the future daughter-in-law stopped getting pregnant and stopped contacting them, and Liang's last hope was dashed. After the last glimmer of hope was shattered, Liang, who was in his fifties, suddenly lost all his black hair. In order to prepare for the wedding, the Liang family has owed tens of thousands of foreign debts. After losing his son, the packed new house suddenly became empty, and the happy scene of the family could no longer be seen. At first, the family couldn't figure out why Song Xiaoming killed Ma Gang for several hundred dollars. In court, the public prosecutor accused Song Xiaoming of intentional injury, which constituted a crime. As the parents of the victim, Liang and her husband attended the trial, and it was here that Liang first met the murderer who killed his son Ma Gang. When he saw that the defendant was about the same age as his son, Liang's mood became complicated, and he sympathized with him and hated him. Finally, when the judge asked the victim's family what to say? Liang said something that shocked everyone: I said that if the law allows, I will let him go. Liang asked the court to give him a lighter punishment, the lighter the better. With a choked voice, she also talked about which mother didn't love her son, and when her son died, she didn't want someone else's mother to lose her son again. After the victim's mother said these words at that time, the whole court was silent and everyone was shocked beyond words. Song Xiaoming, the suspect, didn't think that he had taken someone else's life, and the victim's mother pleaded with the judge for herself. He burst into tears. At that time, Liang's behavior touched everyone in the court, but as a person around her, it was somewhat incomprehensible. Then, as a mother, how could Liang be so generous to those who took her son's life? It turned out that Liang, who lost his son, had a simple idea after meeting the suspect, that is, he could not make another mother as sad as himself. She told this idea to her wife, who has always been honest and introverted, and finally accepted her suggestion. On June 26th, 2008, Ma Gang's murder case was tried again in Beijing No.1 Intermediate People's Court. On this day, Song Xiaoming's mother, who had not appeared for many years, came to Beijing from other places. She suddenly fainted when she saw her son in prison uniform. At this session, the court made a judgment. The defendant Song Xiaoming was sentenced to fixed-term imprisonment of 12 years for intentional injury, deprived of political rights for two years, and compensated Ma Gang's parents for economic losses totaling RMB 224,000. In view of the fact that the suspect took the initiative to rescue the injured and surrendered himself, coupled with the pleading of the victim's mother Liang, he was finally given a lighter sentence. After hearing the verdict, Song Xiaoming had mixed feelings. He cried to Liang, who was not related by blood. Seeing that Ma Gang's mother Liang is so tolerant of her son, her mother is full of gratitude. After the court pronounced the sentence, the judge also wrote such a post-judgment message on the case. After careful study, we adopted the information after this judgment. The purpose of doing this is to better combine the law, reason and emotion embodied in this case. Moderator: It is a scene that we all want to see that the injured party and the injured party can live in harmony and resolve conflicts in this way. But it also brings some related legal problems. Please direct us to connect with Professor Qu Xinjiu of China University of Political Science and Law. Hello, Mr. Qu. In a criminal case like this one, the victim's family forgave the criminal and the criminal was given a lighter punishment. Will such a judgment cause legal doubts? If this is the case, then the perpetrator will do the work of the injured party in the future and then give a light sentence. Is the seriousness and fairness of criminal law gone? Qu Xinjiu: Well, for example, life and health include all the important interests protected by criminal law. It is first and foremost a public interest, and the act of violating this public interest is a crime. Therefore, the state should sue and the court will decide, but in the public interest, it does fall on a specific victim, so he has a specific victim. Therefore, in various countries, including our country now, the reconciliation between the offender and the victim is promoted as much as possible in criminal proceedings, but no matter how they reconcile, his crime (fact) cannot be eliminated, so he will still be punished. However, if the defendant, that is, the offender, can get this understanding from the victim, then his sentencing can be given a lighter sentence within the scope of statutory punishment. That is to say, after committing a crime, if he shows some remorse afterwards, he can even get the understanding of the victim, which is very beneficial for his future transformation and his future return to society, including the place where he once lived. Moderator: After the judgment of this case, we also saw the message after the judgment. What is this post-trial information for? Qu Xinjiu: The so-called post-judgment message is a consistent law in the past, which belongs to the practice of some courts in court positioning, because in our country's courts, it is not simply a complete arbitration institution, but also undertakes some functions of legal education, that is, it educates citizens through trial activities, so some courts realize legal education through the judge's message or the judge's testimony or even admonishing the defendant directly after the trial. Moderator: Thank you, Mr. Qu, for calling us. There is no doubt that Liang is a very simple mother. She loves her children deeply and is willing to give this love to her son. Even if that person hurts her beloved family, we hope that Song Xiaoming can be inspired by this maternal love, make a good reform, and do something beneficial to the society to appease the broken heart of the elderly. Thank you for watching today's program. See you in the legal report at the same time tomorrow. /podcast/lawtodaygroup