Legal Analysis On The Case Of The Drowning Children With Cerebral Palsy By Han

Mrs. Han’s case attracted wide attention after media reports.There is a strong controversy about Probation applicable and the status of public in theadministration of sustice. There are three points about the Probation:Han’s layer believes thatit can be applied according to the seriousness;The judge held that the right to life is the mostbasic of rights,Han killed two people,she can not to be placed on the Probation; Some juristsbelieve that “First argument, then reasonable, after intercede "is the most basic legalconsensus.Despite the special family background,Han can’t be placed on Probation. Autherdid a careful study of the Probation system,including it’s meaning,valu and applicableconditions.Finally, the author came to the conclusion: Han can be placed on Probation. Authersuggests three reasons to support the argument:the first,a similar case has sentenced to beplaced onProbation;The second,applicable probation conducive to achieving legal effect;thethird, placed on Probation complies with the value China’s "Leniency" criminal policy.There are two voices about The status of public opintion.The lawyer held tha:the judgeshould listen to public opinion,becuse the Acceptable degree of public opinion on behalf ofthe society’s evaluation of Mr. Han behavior,This is a very important measure of Han’scrime,some Scholars believe that justice should remain independent,Judges should only relyon the law to decide case,can not be influenced by public opinion.The auther carried out astudy of public opinion,including it’s meaning,enature,characteristics,and value. Then I thinkpublic opinion should be reasonable absorbed.I got two inspirations after the study.First, to make the public opinion to melt into theadministration,t must establish a sound system.There is a serious confilct between Reasonableand legal principles in the Family offense, mainting a blance between Reasonable and legalprinciples is important to Judicial public...