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The harm caused by the law of elasticity: Hong generous
The harm caused by the flexibility of the law
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Two years, endless controversy Xu Ting on February 22 this year, the Guangzhou Intermediate People's Court in the retrial, the prosecution still Xu Ting for the Pirates of the crime charged.
Ting Xu malicious use of ATM withdrawals 175,[link widoczny dla zalogowanych],000 yuan failure, 2007 November 20, Guangzhou Intermediate People's Court of First Instance found the defendant guilty of theft Xu Ting sentenced to life imprisonment and deprivation of political rights for the final. 9 January 2008, Guangdong Provincial High Court withdrew the original verdict, the Guangzhou Intermediate People's Court sent back for retrial.
Xu Ting retrial has not yet ended, Shunde, Guangdong RCC staff baicalensis good savers deposits of more than two hundred million yuan misappropriated the incident,[link widoczny dla zalogowanych], which could not be recovered over one hundred million yuan, Foshan Intermediate People's Court is a trial of 10 years in prison.
175,000 yuan, Pan Wuqi; over two hundred million yuan, sentenced to a term of 10 years. Only from these two sets of figures, the law caused great injustice has been playing all too clear.
Pirates of the crime of misappropriation of depositors in the deposit is re-offense? Pirates of misappropriation of deposits and depositors real difference? This can only explain how the court cited the law,[link widoczny dla zalogowanych], which there are legal playing space.
Part II, Chapter V under the criminal law \); a huge amount or other serious section, three to ten years imprisonment; amount is especially huge or other especially serious section, ten years to life imprisonment or death, or (this section are a prerequisite for: Pirates of the financial institutions, the amount of particularly large.)
Penal Code Section IV Part II \pursuant to Article 百 to be convicted and fined eighty-four.
Three hundred and eightieth four: the larger the amount of public funds, five years imprisonment; Festival severe than five years in prison; a huge amount not returned to a period of ten years or indefinitely.
The sentencing of two counts of the above can be seen Pirates of the crimes and embezzlement of public funds under the sentencing phase is not.
Xu Ting whether charges of theft crimes are the focus of both parties strongly dispute. Pirates of the crime even if it is a reference to criminal law, the Court sentenced Xu Ting is undoubtedly the most important criminal law, 175,000 yuan is not how to say \Is not it a huge amount is not it? Sentencing court can thus be seen a huge bomb.
The more detailed the better operation of law, we should not give law enforcement down to the slightest intention of subjective operation. I present a great space for criminal sentencing, even the charges can be ambiguous,[link widoczny dla zalogowanych], (such as \
Law,[link widoczny dla zalogowanych], the harm caused by nothing more than shells of judicial corruption and judicial injustice. The greater the legal playing space, the greater the judge's subjective enforcement, favoritism, the greater the random, the same case can be drawn is not the same decision, this is not nothing new.
Bomb damage is bad law to judicial corruption and an opportunity to exploit, the resulting miscarriage of justice, and gave the adverse effects brought about not only taught to handle the destruction of justice; also create injustice seriously undermine the building of a harmonious society. (2008.3.10 ・)
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