Research On The Dispute Of Legal Judgment In The Yan’s Case

The Application of law is relatively independent to the judicial activity and principle of constitution is to establishment of independence judiciary, no any subject is to interference to administrative part, public organization or individual. In addition, the Penal Code is also providing the legal principle, mean while the constitution is to provide the fundamental of law in terms of independent of judiciary to achieve justice. Its directly related to the application of criminal law concerns the restriction of personal freedom, such as penalties, so it needs very cautious.Asked the judge in the context of a relatively independent judgment. However, in judicial practice, sentencing in cases of injustice and unacceptable to the public one after another.According to the French sociologist Donald Black is given a reasonable interpretation, the modern theories of definition of criminal law is focusing on legal rules and legislation while ignoring the social characteristics of the case.This is the reason for some legal judgment is not accepted to public.This thesis is divided into six parts:The first part is the introduction introducing hunting bird background.The second part is present to pay bird case and the verdict.Third part is legal issues concerning the case related to crime and non-crime, minor crimes with heavy, public opinion and judicial impartiality, judicial professionalism and democratization of the judicial relationship between four terms.the Fourth part analyze and evaluate the legal issues in this case. Contents include these four aspects from theoretical and practic angles.The fifth part are issues reflected in response to these four aspects put forward for proposals.the sixth part is conclusion.Analysis in this paper attempts to draw out the bird case verdict controversial causes, this thesis is to analysis the controversies part of bird case verdict to include the application of law, the law itself legislative intent, the penalty provisions are reasonable.Donald black ’ lack of social features to consider in the case with analysis.This building under the rule of law in China is not suitable for conclusions Then explore the ways of regulation of these social factors, with a view to reducing its impact on justice.