Legal Analysis Of Hawker Mr.Xia Who Stabbed Urban Management To Death

Xia Junfeng, a skewer vendor in Shenyang, was taken to urban management office for illegal business on the street. In the office, Xia Junfeng went into conflict with urban management personnel Shen Kai and Zhang Xudong and stabbed the latter to death with a sausage knife at hand. Xia stabbed urban management officer Zhang Wei during the escape. The court of first instance decided Xia intentional homicide and sentenced him to death. The defendant arrested the judgment and lodged on an appeal. The court of second instance upheld the verdict. At the end of2013, based on review, the Supreme People’s Court approved immediate execution of the death penalty of Xia Junfeng.The stabbing of urban management officer arouses heated discussions on violent law enforcement, protection of disadvantaged groups and justice judicial procedures. Faced with denouncement both in speech and writing in the layer circle and among all walks of life against the first-instance judgment and hearing procedures, the judge of the second instance, for the first time ever, gave explanations on the media, but this didn’t reassure people with their questions and discussions. There are two reasons contributing to this. In the first place, from the perspective of substantial law, the courts did not determine on the nature of urban management officers’ act of taking Xia Junfeng to their office, which meant the courts confirmed the administrative acts of urban management officers to be legitimate. Moreover, the courts didn’t conduct cross-examination of the subjective motive and objective, the defensive nature of the objective behavior concerning Xia’s stabbing behavior. In the second place, from the viewpoint of procedural law, why did the courts refuse the6witnesses who volunteered to testify on court? Why was the evidence presented by the prosecuting witness contradictory but not denied? Based on the analysis of evidence of the case and theories of the criminal law, this paper aims to demonstrate this case from the nature of administrative act of the urban management officers, subjective and objective factors of acts of Xia Junfeng as well as the applicability of the death penalty. Based on analysis, this paper concludes that the case is wrongly judged. Urban management officers Shen Kai and Zhang Xudong conducted unlawful detention. Despite the defensive act of Xia Junfeng, it shall not constitute intentional homicide but unintentional injury. The death penalty is obviously too harsh. Evident flaws exist in the proceedings, which leads to partial criminal justice.Such tragedy is the last thing we would like to see, but it did happen and repeat. The conflict among three men gave rise to three broken families. Changes must be made to prevent similar cases from happening. Therefore, this paper puts forward three suggestions in the third part, namely to improve urban management system, improve hawkers and other vulnerable groups relief system and to improve the legal system relating to this case. We shall strict to legalized judicial process and strive for the consistency between the effect of judicial decision and social expectation.