Comment On The Case Of Li Changkui Rape And Homicide

Li Changkui rape murder incident from May16,2009to September29,2011, thedefendant in accordance with the law of the death penalty, which lasted more than twoyears, during which experienced a first or second instance and retrial, each stage inthe cusp of public opinion, especially the second instance of reprieve by the YunnanProvincial High Court judgment, lead to intense discussion of the issues related to thecase of the community. The first application of the leniency surrendered. Can be givena lighter or mitigated punishment of criminal law, the defendant surrendered, butdefendant Li Changkui although voluntarily surrendered themselves, but theconsequences of the harm caused by crime on victims and their families, and toconsider the whole case on the community the impact, combined with him of thecrime, the means to analyze, surrendered to the defendant the death penalty, has littleeffect, and its lenient punishment. Second, the problem of identification on the guiltyplea of repentance. Yunnan Provincial High Court finds Li Changkui guilty plea,repentance and good attitude. But Li Changkui crime after the run, forced to justiceonce cover the full truth of the fact can be seen that the defendant does not sincererepentance. The families of the victims can not be understanding of the defendant, andthe case is a major criminal cases, from time sentenced to death immediatelymanifestly ill-founded. Third, the identification and application of activecompensation, a civil dispute. Under the conditions of the current social climate andthe rule of law, civil damages, civil disputes in sentencing the scope of judicialpractice not at liberty to expansion should be limited to minor criminal cases; even ifapplicable, should also be fully cross-examination and verification, should bereflected in the criminal judgment, in order to protect the rights of the parties toachieve a legal effect, with the unity of political and social effects, not because thereis compensation for the fact that, with civil disputes contact punishment of LiChangkui leniency. Fourth, sentenced to death in the immediate execution orreprieve. In view of the defendant crime with particular cruelty, the circumstances areespecially bad, with particularly serious consequences, the reprieve should be suitedto the present case. Particularly cruel in the presence of the accused means and thecircumstances are especially flagrant, the consequences are especially serious facts, to discuss the civil compensation, civil disputes, emphasizing both affect the deathsentence in this case is to adapt the principles of responsibility and punishment toignore, disregard for the law. disregard of justice, criminal law, retrial commuted thethe Li Changkui death penalty nor public opinion, the trial, but the judicial and legal,just a manifestation of judicial practice, the judge to correct judicial philosophy, amore positive attitude to deal with public opinion questioned.