Judicial Referee And Public Opinion Conflict: The Case Of Binyu Sentenced To Death

Public opinion, is simply the will of the people of society tend to represent a kind of mass psychology, is essentially a spontaneous, non-rational moral sentiments. Justice, also known as the law applicable is the national jurisdictions in accordance with legal powers and legal procedures, specific application of laws to deal with cases of special events. With statutory, procedural and authority and so on.. As the influence of Confucianism in China, in ancient society, too much emphasis on ritual status, the rule of man mentality, even in the modern, always in the administration of justice also subject to various non-legal factors.In 2005, Bin Yu murder revived the community should not be subject to the judicial opinion in the discussion of the effects. Peasant laborer Wang Bin Yu begs her wages many times, actually had not taken succeeds in obtaining, Even also encounters the foreman and co-worker's insult, in the extreme angry situation, holds continuously with the knife dies four people, holds a wound person, the Shizuishan Intermediate people's court first trial decides Wang Bin-odd death penalty. But the community presented many kinds of different sounds, including the very major part to think that Wang Bin Yu should not sentence the death penalty, the reason lies in he is in begs the wages not fruit and in the extreme angry situation kills people.But the law has its own characteristic, the law has the stability and the solemnity, particularly the criminal law, its solemnity does not allow to question that judicature's only basis also can only be the existing written law. Only the strict judicature, can maintain legal legally the stability and the solemnity, only then meets the socialism government by law requirement. Should this article through to the public opinion and the judicial respective characteristic's analysis, the proof public opinion affect the judicature, if the public opinion should not affect the judicature, then the public opinion should manifest in any place, the country should through any channel absorption public opinion, be supposed to protect the minority groups through any method the rights and interests.This article altogether divides into three parts:The first part, to Wang Bin-odd murder case analysis, through to our country criminal law about intentionally murder crime crime constitution, the justifiable defense important document as well as surrenders to the discretion of punishment influence stipulation analysis, draws the conclusion, Wang the Bin Yu behavior conforms to intentionally the murder crime crime constitution completely, and does not belong to the voluntary manslaughter which the justifiable defense creates, but after its crime surrenders the behavior, because his crime is serious, cannot have the major impact on his discretion of punishment, cannot change to his death penalty's referee.The second part, the analysis public opinion and judicature's characteristic, the public opinion has the non-rationality and the unstable characteristic, but the judicature has legal characteristics and so on, procedural nature and authority, the judicature is to written law being suitable, judicature's only basis is the present written law, must maintain the written law the stability and the authority, is only then advantageous in sets up the government by law idea, is advantageous in guides people's behavior correctly, is advantageous in the maintenance society's stability, therefore, we draw the conclusion, the public opinion should not affect the judicature. Judicature's only basis is a written law.Can the third part, in the denial public opinion influence judicature's situation, how we the better protection minority groups' benefit, this need to consummate the legislation, absorbs the public opinion through the legislation, reflected that people's benefit, most important must strengthen Law-enforcing departments' law enforcement dynamics, when the minority groups benefit receives the violation, is before the judicial process law enforcement procedure, should maintain their benefit earnestly, because the administrative law enforcement has the efficiency first characteristic, but judicature's characteristic is fair first, it emphasizes the procedure, therefore is very time-consuming, needed to provide relief the peasant laborer promptly regarding the right, the judicature increased their Uygur power cost without doubt, but the administrative law enforcement prompt effective can better protection its rights and interests.