What kind of truth can calm the group anger of Huan case?

On April 14th, p>16, a "case of stabbing and humiliating mother" occurred in Liaocheng, Shandong Province. Unable to bear that his mother was bullied by several debt collectors, a 22-year-old man Yu Huan stabbed four people with a fruit knife, and one of them died. On February 17, 217, Liaocheng Intermediate People's Court sentenced Yu Huan to life imprisonment for intentional injury. After a lapse of more than a month, on March 23rd and 25th, 217, Southern Weekend published the article "Stabbed and humiliated the mother" through its official Weibo and WeChat WeChat official account. Due to the shocking circumstances in the report, such as personal control, beating, insulting, putting your head into the toilet, and even taking off your pants to insult the parties in an indescribable way, the news quickly became a hot topic of public opinion from the 25th, and reached its peak on the 26th. Moreover, its huge attention order of magnitude makes it the first phenomenal judicial public opinion event in 217.

In terms of the source of public opinion, although Weibo is still the most important platform for public opinion, up to now, the topic "Stabbed and humiliated mother sentenced to life" hosted by Guan Wei of China Youth Daily has reached 83 million person-times, with 49, discussions. However, it should also be noted that the ability of traditional mainstream media in topic promotion and topic setting has been fully demonstrated again. According to statistics, some websites have reprinted more than 3 million news comments, and more than 3 news websites have more than 1, reports.

Among them, China Youth Daily: People who stabbed and humiliated their mothers were sentenced to life: Please give citizens legal justice to overcome evil

The law is gray, but the tree of justice is evergreen. Similarly, the law is cold, but the spirit of law has a temperature. Any improper law enforcement and unfair judgment is a betrayal and harm to the spirit of law. At present, the defendant has appealed, expecting that in the upcoming second trial, the judicial organs will insist on "exercising judicial power independently according to law", uphold the spirit of law and make fair judgments, realize the unity of eliminating social harm and preventing criminal illegality, and show the justice of law.

People's Daily: Murder by Humiliating Mother: How Does the Law Respond to the Ethical Dilemma

In other words, in the eyes of many people, Yu Huan's behavior is not only a legal behavior, but also an ethical behavior. The examination of whether the judgment is reasonable is also showing the conflict between the behavior regulated by law and the behavior required by ethics, and showing the possible gap between the truth of law and the human nature. It is also from this perspective that responding to the demands of good people, examining the ethical situation in the case and facing up to the ethical proposition in the rule of law can "let the people feel fairness and justice in every judicial case".

Chivalrous Island: "Losing trust in the judiciary is the most terrible thing"

We don't agree that public opinion interferes with the judiciary. However, when a criminal case is generated as a social public event, the discussion it brings will undoubtedly inspire people's wisdom and even affect our confidence in the future direction of the rule of law. In the day when the screen was screened, there were hundreds of millions of comments about the assassination of the humiliating mother, which was a vivid footnote that Chinese people were highly concerned about the rule of law. In the face of 22-year-old Yu Huan and the possible gap between natural justice and legal justice in this case, we just want to say that justice is not only related to the landing of paper rules, but also to the value demands behind the rules, and more related to people's wishes and ethical feelings.

the collective voice of these heavyweight media has formed a * * * knowledge of judicial justice, legal temperature, ethics and other aspects in the uproar.

in terms of units and departments involved. Supreme Inspection Attitude: Authoritative release on Sunday, March 26th: "Recently, the media reported that Yu Huan's intentional injury case in Liaocheng City, Shandong Province was a case of humiliating his mother and killing him, which aroused widespread concern in society. The Supreme People's Procuratorate attaches great importance to this, and has sent personnel to Shandong to read papers and listen to the report of the procuratorate of Shandong Province, and is conducting a comprehensive review of the facts and evidence of the case. Whether Huan's behavior belongs to justifiable defense, excessive defense or intentional injury will be examined and determined according to law; The police reflected by the media have dereliction of duty in the law enforcement process of this case and will investigate and deal with it according to law. "

Chang Anjian's attitude: On March 25th (Saturday), he made a comment on the case of "humiliating mother and killing". How does the judiciary face the surging public opinion? ",three of which caused many netizens to scream: The first sentence is that although the wind is everywhere, political and legal people should thank the supervision of public opinion, because sunshine is the best" preservative "; The second sentence is that in the face of heated public opinion, facts and laws are still the "anchor needle" of judicial workers; The third sentence is that concern will eventually form strength, so that the son can have a "legal situation" ending.

Attitude of the Higher People's Court of Shandong Province: On March 26th (Sunday), the Circular on the Case of Intentional Injury by Yu Huan was issued, stating that it accepted the appeal of the plaintiff and the defendant, accepted the case, established a collegial panel according to law, and will try it according to legal procedures.

Jinan public security attitude: On March 26th (Sunday), two netizens' Weibo were posted in the official Weibo. The contents were "Emotion belongs to emotion, and law belongs to law, which is the right way" and "How wonderful things are, donkeys are on the bus". Donkey: Not willing to fight! Bus: You can fight me thousands of times, and the injured donkey is always you! " The second picture of Weibo shows a donkey hitting a bus.

Attitude of Shandong Provincial Public Security Department: At about 12: 5 noon on March 26th (Sunday), it was released in the official Weibo: "# Information bulletin # The Shandong Provincial Public Security Department attached great importance to the intentional injury case of Liaocheng Yuhuan reported by the media, that is, the murder case of humiliating the mother. On the morning of 26th, it sent a working group to check the police handling and case handling."

Liaocheng government's attitude: On March 26th, Liaocheng issued an official statement saying: "After Yu Huan's intentional injury case was reported by the media, Liaocheng attached great importance to it, and immediately set up a working group led by the Municipal Commission for Discipline Inspection and the Political and Legal Committee of the Municipal Party Committee, and conducted a comprehensive investigation on the police's inaction, usury and triad-related crimes involved in the case. In the next step, Liaocheng will fully cooperate with the work of the higher-level judicial organs, investigate and deal with them according to law and discipline, and respond to social concerns in a timely manner. "

around this incident, among the frequent arguments from various information sources, media and opinion leaders, several arguments are the focus of contention.

1. Does the unspeakable humiliation really exist?

When interviewing witnesses, some media mentioned that the debt collectors insulted Su Yinxia, Huan's mother, including not only taking off her pants and shoes to gag her, but also showing pornographic videos and throwing soot at Su Yinxia's chest. However, in the judgment, these circumstances are not reflected.

HK_CC_BEST: The Southern Department just made two preparations. If Yu Huan is acquitted in the first instance of the case, the Southern Department will surely plead for the deceased. Instead of taking the theme of "life sentence for humiliating mother and killing", we will focus on "exposing genitals will not kill him" and "he was brutally killed just because his pants fell off". This is not that they are concerned about the case itself, but that they have a purpose.

if you pass by, don't miss it: sitting is the final result of a happy case! Some people say that there is no such thing as insulting his mother with genitals! Then I wonder where Yu Huan got the courage to kill! And what's the odds of a person facing eleven people! Some people are defending the police and debtors! Say that the media is bad media and create false public opinion! I just want to know that you didn't insult your mother. Did you investigate? The media at least visited! How come there is no media to speak for the debtors? The high court has intervened! The truth is coming out! There are too many bullying incidents at the bottom of society every day! I hope to see the results I expect!

Myth and Truth: Even The Paper dug three feet into the ground, but only found evidence that the deceased had "exposed the shade". Is it disappointing that Huan's mother was "rubbed, slapped and stuffed in the mouth with her genitals"? For these netizens, you told them that Yu Huan's mother was "not slapped in the face by her genitals or stuffed into her mouth." -they will make up a lot of questions with mentally retarded brains and ask: Isn't it an insult to "expose your lower body"? What would you do if your mother were like this? Is the judgment necessarily correct? Do the bureaucrats and bandits understand? You are washing the floor! -They are only willing to accept that Yu Huan's mother was "rubbed, slapped and stuffed in the mouth by her genitals".

2. Is the media reporting selectively? What is the purpose?

Lawyer Dad Gao: The purpose of this news is to change the sentence and interfere with the judiciary by public opinion. Now it has become a hot news, with reporters gaining fame and fortune, the court has become a hot pot ant and the police have been shot. The suspect lightly sentenced the public to cheer, and the court pronounced it a joke. The second trial upheld the verdict, and public anger began to say that the court was wrong. The ultimate damage is the authority of the court's verdict. If someone is dissatisfied with each sentencing case, they will go to the media and let public opinion influence the trial result, then why should we investigate and try? If something goes wrong in the future, you will find a newspaper in the south and I will find a newspaper in the north, so that the two major media can encourage netizens who don't know all the circumstances of the case to tear each other up, tearing up the way of trial if you don't return it?

wechat WeChat official account's "CU inspection statement": the facts described in the report of Southern Weekend are still quite different from those in the first-instance judgment in some key parts. Of course, I'm not questioning that the reporters in the Southern Zhou Dynasty deliberately distorted the facts or incited them. However, the facts identified by the judge in the judgment are legal facts based on all the evidence, and what the reporter wrote is the facts summarized after honestly recording what the interviewee said. However, in the field of public opinion, no one will pay attention to the facts identified in the judgment, and the public is obviously more willing to believe the news reports written by reporters. As an investigative reporter, when reporting such a case, should we also interview the prosecutors, judges and policemen who handle the case, and give them an equal opportunity to express their views and describe the facts, instead of recording only one side's voice as it is now, so that the public security inspection law will fall into the situation of being scolded by the whole network.

3. Did the police do nothing on the spot?

Han Dongyan:

It's like a pavilion: the excesses of the underworld and the disregard of the police have created Yu Huan's impulse to kill people. I want to say, what do the police do for a living? Why don't they mediate between the two sides and leave! Yu Huan killed someone, but his mother was forced to do so. If he doesn't demonstrate, others will demonstrate to him. When a person is humiliated, especially when his mother is humiliated, will you let it go? If I were Yu Huan, I would do the same!

4. Is it self-defense?

professional lawyer who pokes a tire bear:

Beijing News: "Murder case of humiliating mother": I have never experienced debt collection, and I don't know how terrible it is to collect debts.

Of course, there are many ways to defend yourself, and it is not necessary to stab people with a knife. Then analyze it in detail. In order to stop the harm to personality and people, does Yu Huan have any other choice besides stabbing people? His first act was to defend himself with a knife and ask the debt collectors to go away. But when a group of debt collectors gathered around, did Yu Huan, who was desperate and angry, have any other choice? Or, can any normal person have other choices? If you say that putting down the knife and letting twelve strong men invade is also an option, then I will count you as a winner. The law is actually extremely inclusive. In the hands of wise and just judges, even cold laws can accommodate rational warmth; But in the hands of reckless and numb judges, the law is just a series of mechanical rules that can be fooled.

5. Su Yinxia's identity background

6. Is the judgment fair?

to sum up, looking at the whole trend and content of public opinion, this is a nationwide condemnation and a nationwide popularization of law. But first of all, judging from the origin of the incident, this case has gone beyond the content boundary that the judicial system can bear. Its fundamental social internal source lies in the chaotic and wanton growth of private lending ecology and the survival of small and medium-sized enterprises under the current background conditions. On the evening of 26th, People's Daily commented: Countless small and medium-sized private enterprises are desperately supporting China's real economy with the most grass-roots strength. It is difficult for them to get credit support, but they have to bear high financing costs, but they have become the biggest contributor to solving the employment problem in China. Such contributions deserve the respect of the whole society, and should be supported by the financial industry in every possible way instead of discrimination. Hopefully, Yu Huan's case can remind China's financial circles to face up to their social responsibilities, not to add salt to China's economic wounds, and not to help usurers ... < P > Therefore, in the face of a typical case, we should think about how to avoid similar dilemmas from happening again, so the first thing to be solved is how to remove this soil and environment that breeds crime and evil.

In addition, the reason for the upsurge of public opinion events comes from the people's emotional psychology caused by insecurity. People not only care about what evils the law can punish, but also care about how many interests the law can protect. In this case, questioning the police is an important reason to stimulate public opinion. As a law enforcement agency, is there really collusion in such behavior, or is it helpless without authorization? Is it only a choice to pick up the knife when the interests are infringed? In the undercurrent of society, how many are floating in the gray area outside the law?

Finally, there should be some knowledge about the judgment, and professional matters need to be solved by professional people. In the process of legal construction, we all hope that there will be enough flexible space in the cold provisions to keep the warmth in them. However, the law is not a pictorial romance, and it is not necessary or allowed to be arbitrarily modified by some purposeful public opinion. Law is not loyalty in Jianghu. Since fairness is emphasized, it should be fair not only to the living, but also to the dead. Therefore, as an audience, we can't be misled by emotions and temporary cognition. Sometimes the best truth is not the truth we want to believe.