Jason Wu made the above remarks at the ceremony of "Justice in China, Responsibility for Jiangshan, Responsibility for Qing Dynasty —— 20 17 Annual Photo Release and Donation Ceremony of China Changan Net to China Art Museum". On the same day, 25 photos, including the scene of the second-instance judgment of Yu Huan case, were selected as the 20 17 annual photos of China Changan Net, of which 10 photos were permanently collected in China Art Museum.
Yu Huan's case has attracted much public attention because of the related reports of "stabbing to death and humiliating his mother". On February 20 1717, Liaocheng Intermediate People's Court of Shandong Province sentenced Yu Huan to life imprisonment for intentional injury. On June 23 of the same year, the Shandong Higher People's Court publicly pronounced the case of intentional injury in the second instance, and sentenced him to five years' imprisonment for intentional injury, maintaining the incidental civil part of the original judgment.
In this case, justice and public opinion interact positively, and the voice of "China Justice: Irresponsible to the State, Irresponsible" is issued in the online public opinion field.
At the event site on June 5438+08, as the presiding judge of the second instance of the case, Jason Wu, the Higher People's Court of Shandong Province, admitted that he felt great responsibility and pressure at that time.
"As a case that society is so concerned about, how to restore the facts of the whole case to the maximum extent through the trial of the second instance, and on this basis, comprehensively consider the natural principles, national laws and human feelings, and finally make a judgment according to law?" Jason Wu said.
He pointed out that on the one hand, the result of the referee should conform to the provisions of the law, and at the same time, people should feel fairness and justice from it. This responsibility is great and the pressure is enormous.
Regarding the revision of Yu Huan's case, Lin, deputy director of the Political Department of the Supreme People's Court, deputy director of the Information Bureau and spokesperson, said that one of the important reasons was that the court insisted on listening carefully to the voices of the masses, responding to concerns, hearing cases in strict accordance with the law, and insisting on judicial openness to the maximum extent.
In Lin's view, the people's concern about judicial cases is actually the people's close attention to the court work, which is not only the supervision of the court work, but also the expectation of democracy, the rule of law, fairness and justice. The court must respond to this expectation and meet this requirement.
Lin believes that in the second trial of Huan case, Shandong High Court listened to the voices of the masses, responded to their concerns and accepted their supervision, thus achieving a high degree of unity of legal and social effects. At the same time, the Higher People's Court of Shandong Province insists on judicial determination, handles cases strictly according to law, determines facts and applies laws in accordance with legal procedures and regulations.
In the trial of the second instance of the case, Lin emphasized the disclosure of information: during the whole trial, 176 Weibo articles were published through pictures, words and videos, which completely presented the whole trial to the public and eliminated all kinds of doubts.
He thinks there are three inspirations. First, he always insisted on listening to the voices of the masses and responding to social concerns; Second, always adhere to judicial power and try in strict accordance with the law; Third, always adhere to the maximum judicial openness.
When talking about what makes public opinion return to rationality, Chen Youxian, director of the Propaganda Department of the Political Department of the Supreme People's Procuratorate, said that the most important thing is judicial openness, that is, increasing transparency.
"The right to speak determines the dominance, timeliness determines the effectiveness, and transparency determines the credibility." Chen Youxian said that the procuratorial organ follows the law of public opinion communication, starting from three aspects: the right to speak, timeliness and transparency, responding to concerns at the first time, fulfilling the functions of the procuratorial organ, striving for the right to speak with practical actions, and effectively spreading it, so that public opinion concerns can return to the case itself and the case can be judged under the legal framework.
Regarding the relationship between public concern and the rule of law, Jason Wu said in connection with the Huan case that this was a criminal case that aroused widespread concern in society due to media reports. The high degree of social concern is rare over the years, and it should be said that it is unprecedented.
Jason Wu said that from the media reports and online comments, although there are different opinions, the vast majority of the media and the public hope that the court of second instance can pass the trial of second instance, handle the case according to law, and make a fair treatment on the basis of finding out the facts.
"From this perspective, public opinion is consistent with the goal and starting point of our court."
Jason Wu believes that as a court, in the face of cases of high public concern, we should first carefully sort out the issues of social concern, and at the same time, we should seriously study what has aroused social concern. More importantly, social concern should be regarded as a great driving force to improve work and fill shortcomings. At the same time, we should respond positively to social concerns with a realistic, open and sincere attitude.