Former Sanlu chairman in prison prison sentence, why did the judicial authorities find nothing to do?


Former Sanlu chairman in prison prison sentence, why did the judicial authorities find nothing to do?

Original Title: The chairman of Sanlu Group in prison must undergo the most severe scrutiny of the whole society. Why is the judicial organ okay?

The "poison milk" stem derived from Sanlu seems to occupy the height of public memory more than that event itself.

In the context of the vaccine incident, recently the news of the former Sanlu Group chairman Tian Wenhua's commutation of sentence once appeared on the hot spot, arousing public opinion to question.

It has to be said that when betrayal of trust is associated with injury to children, Sanlu has become a heavy cultural symbol:

People can not forget the disaster that is incalculable. The public health event, known as the "Chinese dairy pollution incident", began with a mouthful of "melamine" and greed without a bottom line pursuit of profit, making the health of nearly 40 thousand children a sacrifice.

People can not forgive the perpetual damage of "poisonous milk powder" to children. A few years later, when the media returned, they opened up the situation of the victims with a simple but heavy headline: "Shorter than their peers."

How deep are people's love for their children? In an appeal to severely punish those responsible, Tian Wenhua, then 66, was sentenced to life imprisonment, and some Sanlu executives were also sentenced according to law.

The commutation of punishment aroused suspicion and criticism. It was because of the public's disgust and vigilance against judicial corruption.

Perhaps in many people's eyes, the high place of prison surrounded by the atonement is too mysterious. Everything that happens in the high wall that can not be seen will create infinite speculation.

For example, a commutation of a sentence.

In the past, under the manipulation of some corrupt tactics and power, commutation of sentence, parole, parole for medical treatment on bail have become three "magic weapons" to escape punishment. The incompetent people become "prison inventors", the incarnation of the incarnation of the incarnation of "meritorious professional business", "commutation service" has become a consumer goods publicly sold on the Internet.

Because the trust that a scandal breaks down should be reconstructed through fairness and justice guaranteed by the rule of law.

1. The Third and Fourth Plenary Sessions of the Eighteenth Central Committee of the Communist Party of China put forward clear requirements for Strictly Standardizing the procedures of commutation and parole and perfecting the system of executing penalties.

In 2 and 2014, the central government and Law Commission promulgated the opinion on strictly regulating the reduction of sentence, parole and temporary supervision to prevent judicial corruption, and strictly restrained the judicial corruption that may occur in the cases of commutation, parole and temporary enforcement of the cases.

The amendments to the criminal law (nine) adopted in 3 and 2015 (nine), in view of the crime of embezzlement, were written to "life imprisonment, not to be reduced and parole", and to tighten the execution of the penalty.

This is Tian Wenhua's third commutation. In the second time, his nephew, who had just exposed his sentence, said in an interview, "after two or three years, it is known to everyone."

Facts have proved that this "optimistic estimate" has no accident. Pinpointing the calculation, Tian Wenhua should have had ten birthdays in prison.

We can give tolerance, but we must uphold justice. When supervision passes through the "high wall", the judiciary has already tightened up the cage of the system.

All commutation shall not be allowed to play tricks and engage in power trading.

Let the people rest assured of commutation, and can not just ask for a clear conscience.

If a prisoner with a bad social influence like Tian Wenhua wants to commute his sentence, he must be subject to the most severe scrutiny of the whole society.

Publicity is always the best "preservative" and commutation procedure is no exception. The more serious cases, the more we should consider the necessary and full public way of publicity to truly realize the right to know and supervise the public opinion and every injured family.

Therefore, to make people feel relieved of commutation, two points must be achieved.

One is open and transparent. As long as it is fair and transparent, it can make people see the original justice.

In order to minimize the black box operating space in the case of commutation and parole, the supreme law passed the provisions on the procedure for hearing loss and parole cases in 2014.

The judicial interpretation is clear that the court shall hear the cases of commutation and parole, which should be reported to the society in accordance with the law within five days after the filing of the case and three days before the court, and the ruling of commutation and parole should be published to the society according to the Internet.

This is the three most basic public disclosure in the case of commutation, and it is by no means a mere formality. Judicial interpretation stipulates that if a person raises different opinions during the publication of materials, the court shall, in accordance with the law, take such measures as opening a court session, or even notifying the dissident to appear in court. This kind of consequence disclosure is the best embodiment of judicial substantive openness.

Two is to act according to law. If there is repentance, she should be given a chance in accordance with the law, even if she is a prisoner.

It is necessary for us to understand three legal knowledge about commutation.

Life imprisonment does not mean that "prison bottom is worn". When a prisoner sentenced to life imprisonment is serving his sentence, if he sincerely repents or renders meritorious service, he will be able to serve a term indefinitely after two years.

Commutation is a kind of criminal execution activity that appropriately reduces the original sentence period. Commutation can ensure the implementation of the criminal policy of temper justice with mercy, and encourage criminals to try to improve themselves. If there is no commutation, one can imagine what would happen inside the walls of prisoners who have lost hope of an early rebirth.

3. From no period to release from prison, it will not be possible to come out in two years. The Seventy-eighth provision of our criminal law stipulates the limit of commutation: sentenced to life imprisonment, and the actual serving time can not be less than 13 years. That is to say, no matter how good the performance is in prison, the prison for these 13 years must be seated. This is the bottom line.

Back to the Tian Wenhua case, from the open verdict on the Internet, the three commutation of the sentence has passed the open trial, the procuratorial organs, the executive organs appear in court, the prison police and even the criminals appear in court to testify, and that Tian Wenhua has confessed the crime of repentance, the assessment of meritorious service and other circumstances, which conforms to the conditions stipulated in the law.

Finally, public commutation according to law is not only an open lesson of the rule of law in society, but also respect and responsibility for each victim. On the contrary, for every questioning of public opinion, the most firm answer should be given through judicial publicity.

If we dare to stand in the sun and accept the supervision of the ordinary people, we can turn the harsh judgment into a warm applause.

Because only the judicial response is the confidence that can best stabilize public opinion.

Editor in responsibility: Yu Pengfei


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