Thinking About The Trial Case Deng Yujiao

With the development of economic and social transformation, social conflicts more and more and more complex, various clashes increase. Deng Yuima case because it involved people in conflict with public opposition and concern, combined with widespread media network, has aroused strong public anger and become a typical social events. The event is not only the impact of social and moral bottom line, and brought to justice problems. In this paper, Deng yujiao case trial, the reasons and results of decision as the starting point of the trial of cases arising in courts, such as relationship between public opinion and judicial, the application of criminal law, the application of psychiatric judicial authentication. Use of case analysis, combined with relevant theoretical knowledge, the above questions were analysis appraisal, some suggestions and measures are proposed, in order to perfect our country's legal system and judicial practice smoothly help.This paper is composed of the following three parts:firstly, the case of basic facts and trial and verdict are introduced, and the problems are presented in the case of trial, such as the relationship between news reports and judicial decisions, the application of criminal law in the trials and the verdict, the application of psychiatric judicial authentication. The case to the court from ruling the whole incident stage always in the media below. Early news reports only the normal progress of the case. With depth coverage of the case, the news media's own subjective thinking doped, or even a subjective decision of the case speculated that the case, led to strong support for Deng's opinion, makes the judicial process in the trial psychiatric examination of means to make use of ruling out the offense is inconsistent, there is the application of criminal law. Secondly, using the method of combining the theory of criminal law and the case of the trial, the reasons of problems are analyzed, puts forward:first,lack of related laws and regulations or unreasonable. Our country lacks special information law and mental judicial methods produced to regulate news reports and psychiatric appraisal, criminal law sentencing range wide, makes the judges'discretion is too big to be incompatible with the phenomenon of crime prone; Second, weakening of judicial independence trial. Because of administration and public opinion and human relationship and judge quality, judicial cannot be independent, then cannot be better to achieve justice and protect human rights; third, deviation of the supervision of the role of public opinion. Blindly media sensationalism, the subjective tendency of serious journalist's poor quality, can not exercise better supervision; fourth, vulnerabilities of the psychiatric judicial authentication. Provides absolute identification of the right start to identify the provisions of organs is not complete, clones are not very professional, which led to the trial can not maintain the judicial identification of the legitimate interests of the parties. Finally, on the basis of the analysis of the reasons, I put forward ways and means to solve. First, press law as soon as possible, the right to regulate news coverage and public opinion; Second, sentencing recommendation have been implemented as soon as the text which is written criminal law to regulate the discretion of the judge; Third, reform of the administrative system and strengthen the communication with media, and improve the professional quality of judges and professional ethics, strengthen the judicial independence of the judiciary functions; Fourth, to develop specific norms and regulations, strictly for the administration of justice in the psychiatric appraisal. Resulting in the administration of justice, the greatest degree of realization of the legal effect, social effect of unity.