Third Prize of the Second Outstanding Achievement Award of Humanities and Social Sciences of the State Ethnic Affairs Commission1;
Third Prize of the Third china law society Young and Middle-aged Outstanding Scientific Research Achievement Award1;
China criminology ten-year outstanding scientific research achievement award;
China postdoctoral excellent exit report;
The second, third and fourth "China Rule of Law Forum and Qian Duansheng Scientific Research Achievement Award" Excellent Paper Award. On July 2, 20654381prime time, CCTV news channel Face to Face broadcast an in-depth interview with researcher Han Xu, deputy director of the Institute of Law of Sichuan Academy of Social Sciences, entitled "Debate on Full Responsibility for Good People and Bad Things". Han Xu, a researcher, accepted an exclusive interview with CCTV reporters on the court fact finding and legal application of the case of "Chengdu four-car serial crush on the elderly", which caused heated discussion in the society a few days ago, and gave expert opinions.
Earlier, according to the People's Daily and other media reports, the Longquanyi District People's Court in Chengdu sentenced a seemingly ordinary traffic accident case, which unexpectedly caused widespread public controversy. In this case, an old man crossed the road, was hit and crushed by four motor vehicles, and finally died. According to the court's judgment, the first three car owners who hit and run escaped punishment, while the fourth car owner Peng took the initiative to call the police and actively rescued them, and had to bear all civil liability for compensation. "Why are good people not rewarded?" The public has doubts about the fairness of the court's decision. Up to now, people's daily, phoenix, Sina and other major online media. This news was reprinted one after another, and netizens commented one after another. Everyone bluntly sympathized with the "good guy" car owner and questioned the verdict. However, people in the legal profession have different opinions on this judgment. In the case of people's opposition, Han Xu, a researcher from our institute, published comments on the Relationship between Legal Effects and Social Effects and Sense and Jurisprudence in People's Daily on July 17, 2065438, which aroused widespread media attention. Subsequently, the CCTV news channel "Face to Face" column group made a special trip to Chengdu overnight, and conducted a more in-depth interview with Han Xu, a researcher at the Law Institute of our college, on the focus of the case concerned by the legal profession and the public.
In an exclusive interview, researcher Han Xu pointed out that there are still some problems in the judgment of Longquanyi District Court. Although on the surface, the facts identified by the court are generally clear, from a professional point of view, it is not difficult to find that the case is still unclear in the true reproduction of specific circumstances. "The evidence in this case is insufficient, and it is inevitable that the court will make such a judgment." Researcher Han Xu said.
Researcher Han Xu believes that in order to dispel the public's doubts, judges should pay attention to the following points when judging cases: First, judges should know and be good at using the rules of experience when trying cases, and make rational judgments on the probability that the old man did not die on the spot after being crushed by the first three motor vehicles; Second, the judge can't judge that the direct cause of the old man's death is Peng's last crush according to the defendant Peng's claim that he saw the old man's leg activity, because according to the biological spinal nerve reflex effect, the human body can still produce stress in a short time after brain death. Therefore, judges should have the necessary knowledge of popular science. Third, if the old man died before Peng was crushed, it may lead the judge to make a completely opposite judgment, that is, the defendant Peng does not constitute infringement and does not have to bear legal responsibility. Therefore, judges should be cautious about the identification of facts and evidence, which is the premise and basis for the correct application of the law.
Then, in such cases, how should judges coordinate the relationship between jurisprudence and morality? Regarding this issue, researcher Han Xu pointed out that the judgment made by the court quoted the provisions of Article 11 of the Tort Liability Law on "joint and several liability", and any infringer should bear all the liability for damages; Article 12 of the Tort Liability Law requires the infringer to bear corresponding responsibilities according to the size of his own fault. If the size of the fault cannot be ascertained, the infringer shall share the responsibilities equally. In this way, while safeguarding the interests of the victims, the interests of the defendants are also protected by law. This is the last resort when the facts cannot be ascertained.
When the reporter asked about the social impact of this case, Han Xu, a researcher, admitted to the reporter with great anxiety: I am afraid that due to the judgment of this case, in similar cases in the future, the owner of the accident is more inclined to escape than to call the police for active treatment. "Therefore, the court's judgment should declare a kind of fairness and justice, and should cultivate, encourage and advocate a good social morality. And such a judgment, in a fashionable word, is not a kind of' positive energy'. " According to researcher Han Xu, although the court's judgment has legal effect and cannot be moved by public opinion, we live in a democratic society ruled by law, and the public can still question the flawed judgment. Even if a specific case cannot be changed, it can also play a warning and supervision role in future judicial practice. "The legal system grows bigger and the campus moves rhythmically", and the School of Political Science of Chengdu University ushered in the annual Legal Culture Festival. With the active preparation of all the teachers and students of the School of Political Science, the opening ceremony of the 4th Legal Culture Festival of Chengdu University and the academic report on the revision of the Criminal Procedure Law by Professor Han Xu were held in the academic exchange center on April 20 12. The guests present at the meeting were Peng Xiaolin, Minister of Organization Department of Chengdu University and Dean of School of Political Science. Li Bing, Deputy Director of Student Affairs Office; Peng Shiping, Vice President of the School of Political Science; An Hong, Secretary of the General Party Branch; Qu Lu, Vice President of the School of Political Science; Deng Shanxia, Head of the Department of Law; Professor Zhang Jusheng; And Liao Jun, doctor of law.
With the appearance of the host, the Legal Culture Festival officially kicked off. First of all, President Peng Shiping delivered a speech for the opening ceremony of the Legal Culture Festival. He announced the official opening of the 4th Legal Culture Festival of Chengdu University, briefly summarized the importance of law, and wished this legal culture festival a complete success. Subsequently, teacher Shi Haocen, secretary of the Youth League Committee of the Political College, made a speech. She pointed out that the legal culture festival aims to improve the professional quality of law students, popularize legal knowledge to all teachers and students, and vigorously carry forward the spirit of the rule of law. She also introduced the main activities of the Legal Culture Festival in detail, hoping that students can actively participate.
After Mr. Deng Shanxia, Director of the Legal Department, briefly introduced the history of the formulation and revision of the new China Criminal Procedure Law, the academic report officially began. Professor Han, deputy director of the Institute of Law of Sichuan Academy of Social Sciences, had a wonderful academic exchange with teachers and students who love law in our college on the revision of criminal law. In the process of communication, Professor Han combined the provisions of the Criminal Procedure Law with the judicial practice at home and abroad, and through comparative analysis of their respective advantages and disadvantages, pointedly pointed out many problems existing in China's judicial system at present, such as the provisions of the Administrative Procedure Law are far less than those of the Criminal Procedure Law, and public power has not been well restricted; In the process of judicial interrogation and evidence collection in China, cases of extorting confessions by torture are common; There are many problems in the lawyer industry, such as difficulty in investigation and evidence collection, professional revenge of public power and so on. He also pointed out that laws are used to protect human rights, and national legislation is to respect and protect human rights. China should try to reduce the death penalty. In view of the problems existing in the practice of criminal procedure, combined with the latest amendment of criminal procedure law, Professor Han emphasized the eight highlights of this amendment, that is, while sharply pointing out many shortcomings in China's legal circles, he also expressed his optimism about the better development of the rule of law in China, hoping that China will get better and better on the road of building a socialist country ruled by law. After Professor Han Xu's passionate and humorous speech, Deng Shanxia, director of the Law Department of our college, and Peng Shiping, vice president of the School of Political Science, commented and exchanged views on Professor Han's speech.
The last part of the meeting is the interaction between teachers and students. In this part, the law students of our college asked Professor Han whether the setting of court seats is reasonable, whether it can be further improved, and how to improve the development prospect of the rule of law in China. Professor Han said earnestly; The key to all this lies in you, you young law students. The conference came to an end unconsciously, but Professor Han's words rang in the hearts of every jurist, which made us feel deeply responsible.
20 13 On July 27th and 28th, a seminar on the reform of reeducation through labor system sponsored by the Institute of Law and the Institute of International Law of Chinese Academy of Social Sciences was held in Beijing. From Central Political and Legal Committee, the Supreme People's Court, Beijing Municipal People's Procuratorate, Institute of Law of Chinese Academy of Social Sciences, Institute of International Law of Chinese Academy of Social Sciences, Peking University, Tsinghua University, China Renmin University, China University of Political Science and Law, Beijing Normal University, Central Party School, Chinese People's Public Security University, Minzu University of China, China Youth University for Politics, Beijing Foreign Studies University, Southwest University of Political Science and Law, Zhongnan University of Economics and Law, Shanxi University, 70 experts and scholars from Heilongjiang University, Henan University, Jiangxi Normal University, Jiangsu Normal University, Central Judicial Police College, Jiangsu Judicial Police College, Henan Police College, Henan Procuratorate College, Beijing Daxing District Party School, Law Institute of Sichuan Academy of Social Sciences, Beijing Kyoto Law Firm, Beijing Shangquan Law Firm and Chongqing Honggang Law Firm attended the seminar.
This seminar discusses how to reform the system of reeducation through labor from the perspectives of jurisprudence, administrative law, criminal law, criminal procedure law, criminology and criminal policy. Experts, scholars and legal practitioners brainstormed, and conducted in-depth discussions and enthusiastic exchanges on the specific paths and suggestions for abolishing reeducation through labor, the challenges brought by lowering the threshold of crime to criminal law and criminal procedure law, the administrative punishment and due process of deprivation of personal freedom, and the allocation and restriction of judicial power.