| Abstract:The hawker Mr.Xia illegal business Kushiage Mr.Shen,Mr.Zhang and other law enforcement officers come to the enforcement of city management, conflict, Mr.Xia along with the above-mentioned persons to the service room to deal with the matter, the recurrence of conflict, hawker Mr.Xia has pierced Mr.Shen and Mr.Zhang, the number of knife holders carry a sharp knife, resulting in the victim Mr.Shen two deaths, Mr.Zhang, one seriously. This case the Court of First Instance judgment Mr.Xia guilty of intentional homicide and sentenced to death, deprived of political rights for life. After the first trial Mr.Xia the criminal part of the judgment appealed against the verdict. The second instance upheld.The second instance Mr.Xia grounds of appeal are:1, the behavior of the appellant does not constitute an intentional homicide, should be recognized as a crime of intentional injury; not timely rescue is a reason for the death of the victim;, administrative law enforcement officers illegally detained the appellant items4, in the first instance trial, counsel submitted the Shimou evidence left in the market soles the appellant Mr.Xia injury photos and autopsy reports of illegal restriction of the appellant of personal freedom; the victim Mr.Xia corpse on the scars to prove that the appellant assaulted by the victim. Fault in the cause of the victim assaulted the appellant, the appellant’s defense plot; appellant Department of first-time offenders are willing to compensate the victims for economic losses.Around the hawker Mr.Xia criminal behavior in the first and second instance hearing of cases, qualitative issues, whether the death penalty should be imposed, and this case occurred in urban management and whether the hawkers Mr.Xia violence and illegal detention of behavior, out of court and launched a wide range of discussion, there is a considerable controversy. Courts and prosecutors insist that the weapon types from the present case, the site of sting, the intensity, the number of all reflect the Mr.Xia subjective kill intentionally, the objective cause of death of the victim results, should be identified as the crime of intentional homicide rather than intentional injury. The defender Mr.Xia to adhere Mr.Xia in the office have been victims of assault and illegal detention, so Mr.Xia crimes are crimes of passion, with a defensive. Should reduce the punishment. For the hawkers Mr.Xia stabbed to death chased a case for the first or second instance judgment, the authors believe that, hawker Mr.Xia does not deprive any person of life wishes for the hawkers Mr.Xia this criminal behavior qualitatively, should belong to the intentional injury death, should be punished the crime of intentional injury.The case occurred three families break down, so that parents who lost his son, the wife lost her husband, so that the children never lost a father, we do not want similar tragedies. Analysis of the case background, Xuanwu District, Beijing, the earliest start of the comprehensive law enforcement of city management in May1997the pilot began to the hawkers Mr.Xia a knife stabbed to death chased case occurred in the summer of2011, urban management already exist in China for14years. Since in this period the urban management and law enforcement incident of violence, urban management and law enforcement issues pushed placed in a sub-mouth wave:2006Beijing Comprehensive Li Zhiqiang enforcement was killed by small traders;2007Lanzhou City public discontent chased barbarous law enforcement, law enforcement vehicles containment nearly four hours; in2008, Shenzhen, two wardens were undocumented Jeeves fruit vendors chopped; Xia Junfeng knifed two urban management and small traders in Shenyang in2009;2010the Wuchang2Urban Management law enforcement team door was the number of The unidentified man circumference to fight law enforcement vehicles were smashed;2011Harbin chased violence enforcement aroused public indignation, caused by a number of streets, one hundred members of the public to catch up with the gang fights and chased to the police station. These events reflects the sharp contradictions of urban management and law enforcement powers and the right to life of small traders.This paper analyzes the causes of conflict between the two, the initial solution and implementation measures. The author believes that we must recognize the objective concentration of law enforcement forces, and enhance law enforcement power, urban management and the existence of the complaints from the public and media attention, many long-standing problem has been resolved in a timely manner, from the history of the development and results of the work point of view, urban management, there is also reasonable and necessary.On the one hand, the small traders to survive in the city on behalf of vulnerable groups; the other hand, is the urban development of urban management and city managers want to represent a higher stage. Therefore, to solve the conflicts between the needs of the city, representatives of the two interests together to find a win-win approach, which both live in harmony. Urban management in the law enforcement process should join the community residents’ committees and other grass-roots mass organizations and cultural knowledge of the peddlers, the publicity of the legal system, so that they realize that even though he is to make a living, but has violated the city law regulations, not to let them make a living, just ask them to legitimate and ordered to make a living. Treated for the difference between the different behavior of small traders:for serious violations of incorrigible in accordance with relevant laws and strict penalties will not be tolerated; supplemented by "soft" for the initial offense, minor offenses relative to criticize the education property punishment. In the urban management process, we must respect the rule of law concept, strict law enforcement, but also based on national conditions, to establish a people-oriented management philosophy. |
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