Analyze the Xu Ting case from the legal and moral perspectives.

The law is the lowest bottom line of social morality.

When making a judgment, the judge will definitely add personal subjective factors. As long as it is an individual, it will pay attention to human feelings. Many laws only stipulate the scope of a judgment, which needs to be applied to the judge's discretion to make the final judgment.

The Xu Ting case is a good example. He made a mistake with the bank ATM machine and took hundreds of thousands. The first trial was life imprisonment, and the second trial was only sentenced to five years imprisonment. This is a typical case where the sentence is too heavy according to the actual situation and the law emphasizes human feelings.

Extended data:

The court changed the sentence, and Xu Ting was reduced from life imprisonment to five years' imprisonment, which was a great commutation, but most people still did not recognize the result.

In the face of such feedback, it stands to reason that "justice, public opinion and public opinion have not won". Especially in the judicial field, judgments made without the approval of mainstream public opinion are always a bit embarrassing, indicating that there are some serious differences or "tears" between the judiciary and society.

From another perspective, this case seems to have produced a "win-win" effect. Individuals and families in Xu Ting are no longer faced with the tragic situation of "torture"; Faced with the impact of surging public opinion, the judiciary stepped back and won positive words such as "facing up to public opinion", "showing humanity" and "flexibility".

There are other similar cases, and the severely sentenced prisoners may benefit from the analogy of this case; The latecomers involved in the case due to "technical failure" will be spared from extinction after this case. If the "appeal of innocence" is not accepted by the court, the public opinion will not win a total victory, but it is objectively admitted that it has won a small victory in front of judicial public opinion.

The so-called "victory or defeat" is relative, and it is of little significance to discuss "who wins or loses". Public opinion, media, judicature and law are in a "game", and the emergence and development of this game process is of great value.

There is a voice that teaches the media and the public that public opinion should not "interfere with the judiciary"; "Justice should not yield to public opinion" ... Now, the debater of Xu Ting case tells everyone that people should "teach" justice, and justice and law are the most worthy of teaching.

This is an important revelation. Justice and legislation of non-people religion are not owned by the people; A court that ignores public opinion and wisdom and fears public opinion is nothing. If citizens are only punished and taught by the judiciary, it is only junk imposed on the people.

In the future, "outsiders" will more actively "intervene in the judiciary" through the media and various channels of public opinion, so that the judiciary will gradually get rid of and avoid the nature of "private law" and become a "public law" belonging to the people.

Xu Ting is a lucky dog in the Internet age. This case was put a few years ago, and it is impossible for so many people to pay attention, study and discuss it. That is an alternative "judicial independence", that is, reckless disregard for human life and torture without being understood and criticized by the public.

Technological progress is really improving our social life and changing the bad luck of many people-if the country consciously uses the existing technology for democracy and the rule of law, we will hear more and stronger gospel.

There is still a deeper meaning that has not been excavated: the people's "subjective consciousness" has awakened and is unprecedentedly lively and agile. Gone are the days when the word "national interest" could silence the whole society.

Nowadays, when people hear powerful words such as "state", "state institution", "state law" and "state property", they are no longer like frosted eggplants. They immediately thought of the reason why they can compete with powerful words and measure the things involved in important concepts on a new scale.

On the opposite side of "state" and "property", they are clothed with life, freedom and social justice. From quiet interest-free to surging public opinion, and then to re-measurement, a situation that can be called "revolution" has occurred.

Not only that, Zhonggong also showed rationality and exquisiteness in the "proposal". Moral reminder and moral condemnation-civil disputes and civil responsibilities-the application of criminal law and equality before criminal law are clearly and orderly recognized by "mainstream public opinion"

References:

Baidu Encyclopedia-Xu Ting