【禁闻】李天一夏俊峰案判决是否受舆论影响

【新唐人2013年09月28日讯】中共司法当局在25号突然处决沈阳商贩夏俊峰后,紧接着第二天又宣布对中共红歌王李双江之子李天一案的判决。有部分观点认为,法院对李天一的判决结果是考虑了这一案件的社会影响的。而为什么当局在夏俊峰案件上却无视民间的反应,一定要逆民意而为之呢?我们一起来听听各界的看法。

李天一涉嫌强奸罪一案,吸引中国社会的关注已有数月之久。判决结果于26号出台,李天一被判10年监禁,同案的另外四人分别被判处12至3年不等的有期徒刑。

一些民众认为,李天一的判决结果大快人心。也有人认为,判得太轻了。

广东维权人士天理:“李天一那个案子,我不认为他判得重,因为这个是轮奸案,轮奸案的起步就是十年到死刑。因为这个案子从头到尾都是李天一主谋, 所以这个案子没有任何的判重。我认为这个案子也是偏著那些‘官二代’,要不平民百姓像李天一那种作为,我相信最低起码要判无期。”

但也有一些律师认为,对李天一的判决是考虑了此案的社会影响,法律不应该受到舆论左右,而应该根据事实来裁决。如北京律师李方平认为,根据目前的事实,判决过重。因为同案的其他人犯的是同样的罪,所获得的判决只是缓刑或者罚款。

对此,湖北武汉《中国》杂志社记者刘逸明则表示,在中国,当局很多时候都不会在意公众舆论是怎么样想的。

湖北武汉《中国》杂志社记者刘逸明:“他们想怎么判就怎么判,而且我认为李天一判十年刑是罪有应得,但是夏俊峰判死刑,肯定是不合理的。因为他之所以杀城管,只可能有2种原因,一是正当防卫,或者是防卫过当,不管是哪一种原因,都不应该给他判死刑。”

在此前一天,当局对36岁的夏俊峰执行死刑。夏俊峰遗孀张晶26号早上在领到丈夫的骨灰后,一度哭致昏厥,被亲属掐人中唤醒后继续痛哭。悲痛的场景触痛著许多网民,在网上引起巨大的愤怒浪潮。

北京律师唐吉田:“民众谋生的艰难性和权贵的贪婪性反差是如此之大,简单的生活机会都被制度轻易的剥夺,所以很多人都有一种感同身受,再加上现在官民严重不对等,像刘志军、许宗衡、米凤军包括后来的谷开来等等,明显的对民苛刻,对官宽松。”

中国宪政学者陈永苗:“之所以造成这么大影响,它还是一个官民矛盾跟政治冲突的现实体现。只要跟官民矛盾粘在一起的话,一个案子的影响力会放大到非常非常大,可能会成为里程碑的事情。”

中共《人民日报》旗下《环球时报》26号发表社评指称,网上对夏俊峰案的意见“被层层裹上了情绪”,夏俊峰伏法反映“法律拒向价值争议让步”。

《法制日报》同日刊登的署名评论说,正因为有“以暴制暴”的社会心理,才会使城管与小贩之间的矛盾冲突,从猫捉老鼠的游戏,上升为流血的混战。

广东维权人士天理:“因为这些城管就是要来维护他们的独裁政权的,夏俊峰敢挑战他们的权威,非杀不可,要不,这个闸门一开,杀了城管不用死,全中国现在每个地方的城管,(群众)哪个不想把他们宰了?所以,夏俊峰(中共)必须要杀。”

在台湾女艺人伊能静表示收夏俊峰之子夏建强为义子,并与张晶结为姐妹后,拥有5372万多粉丝的微博最大V、影星姚晨,随后上贴一张夏建强绘画,并颇有寓意的说“最暗的夜里,才能看见最亮的光”。

目前,有关夏俊峰10月1号“头七”的民间抗议,已经呼之欲出。

采访/陈汉 编辑/王子琦 后制/李勇

Were Li Tianyi & Xia Junfeng’s Cases Affected by Public Opinion

On September 25, the Chinese regime
executed Shenyang street vendor Xia Junfeng.
The next day, the Chinese Communist Party (CCP) singer
Li Shuangjiang’s son, Li Tianyi, was also sentenced.
Some observers say that the regime sentenced Li likely
considering the social impact of the case.
Then, why did the regime ignore
and go against public opinion in Xia Junfeng’s case?
Let’s take a look.

Li Tianyi’s involvement in a gang rape case
has drawn public attention for the past several months.
On September 26, he was sentenced to 10 years in prison,
The other four defendants got sentences of three to 12 years.

Some people feel very happy about Li’s punishment,
while others think the sentence is too light.

Guangdong activist Tian Li: “I don’t think the sentence is
severe enough.
As it is gang rape, the sentences can range
from 10 years in prison up to death.
Li Tianyi was the ringleader, so his sentence is too light.
The judge is on the side of these ‘official offspring’ youths.
If the same case happened to an average citizen, I believe
he’d at the very least be sentenced to life imprisonment."

Some lawyers say that Li Tianyi’s sentence
was given in consideration of its social impact.
They say the law shouldn’t be influenced by public opinion,
and it should judge based on the facts.
Beijing lawyer Li Fangping says that the current facts
show that Li Tianyi was over sentenced.
The other defendants committed the same crimes,
yet only received lenient sentences or fines.

Regarding this, Liu Yiming, a reporter in Hubei,
says that in China, most of the time the regime doesn’t care
about what the public opinion is.

Liu Yiming:"They pass down sentences however they like.
I think a 10 year sentence is reasonable.
However, Xia Junfeng was given a death sentence,
which is certainly an injustice.
As Xia killed two officers for one of two reasons,
out of self-defense or unjustifiable defense.
Regardless of which it was, neither should lead to execution."

On September 25, 36-year-old Xia Junfeng was executed.
Xia’s wife Zhang Jing suddenly received his ashes
on the following morning.

She cried so hard she fainted, and after her family woke her up,
she continued to cry.
The scene of her sorrow touched many netizens hearts,
sparking an outcry on the internet.

Beijing lawyer Tang Jitian:"There is great contrast between
the hard life Chinese civilians’ and greedy elite groups.
The chance to live in a simple life gets deprived so easily,
and many Chinese people have similar experiences.
In addition, officials and civilians are seriously unequal,
such as Liu Zhijun, Gu Kailai and other corrupt officials.
Clearly the regime is harsh on civilians, but loose on officials."

Legal expert Chen Yongmiao:"It has such a big impact, and
shows the true face of conflicts between civilians and officials.
Any case could be associated with this conflict which will arouse
great influence in the society.
It could become a turning point."

On September 26, CCP mouthpiece Global Times claimed that
online public opinion was “wrapped with layers of emotion".
Global Times said that Xia Junfeng’s execution indicates that
the “law refuses to bend on these debates”.

China’s Legal Daily newspaper said on the same day that due
to the notion of “violence meeting violence" in the society,
dispute between city officers and street vendor rose
from game of cat and mouse to a bloody fight.

Tian Li: “These quasi-police are used to maintain the dictatorship.
Xia Junfeng dares to challenge their authority,
he was bound to be killed.
Otherwise, people would kill all these quasi-police in each city.
Thus the CCP must kill Xia."

Taiwanese actress Annie Yi says
she adopted Xia Junfeng’s wife and son as friends.
Celebrity blogger and film star Yao Chen who has over
53 million fans on Weibo responded to Xia’s death
by posting a painting by Xia’s son, Xia Jianqiang,
Yao said:"In the darkest night one can see the brightest light".

Now people are planning a protest on October 1,
the seventh day following Xia Junfeng’s death.

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