For the first time, the prosecutor responded to the results of the trial of Li Hua

If there is no accident, in January 14th, Li Ruirui, a Anhui petitioner, will arrive in Beijing again accompanied by her uncle Wang Zhongcheng.
Before, Li Ruirui had wanted to submit the application to the prosecution, however, before Li Ruirui submitted the application of the protest, the Fengtai District people's Procuratorate in Beijing had brought a protest against the criminal part of the case. There are two main reasons for the prosecution's protest.
First, the first trial will apply legal errors. In the protest, the prosecutor said that the defendant Xu Jianxi had raped women in public places in public, and the procuratorate prosecuted the 236th provisions of the third section of the criminal law and third items, and found that Xu Jian was aggravated by the crime of rape and should be sentenced to imprisonment for more than 10 years. The first trial affirmed the fact that Xu Jian had raped women in public in public, but it quoted 236 articles and first sections of the criminal law to punish them, which belonged to the wrong application of law.
The 236th article and third paragraph of the criminal law stipulates that the rape of a woman in public places in public is sentenced to imprisonment for more than 10 years, life imprisonment or death penalty; and in accordance with the first paragraph of the 236 article of the criminal law, violence, coercion or other means of rape of women are sentenced to imprisonment for more than 10 years or more for more than 3 years.
Second, Xu Jian's self surrender plot can not make him get a mitigated punishment. In the protest, the prosecutor said Xu Jianli used it to look for the identity of the petitioners, raped Li Hua in a multiperson room, while Li Ruirui was a marginal intelligence and schizophrenia patient, and the sexual defense ability of the case was reduced; and the rape was perceived by many people living in the house at the time. After the departure of Xu Jiansuo gate, many people broke out of the room and reported to the media after receiving a joint report with Li. This case once caused social concern and caused bad social influence. This process is sufficient to reflect the social harmfulness of Xu Jian's criminal acts and the extent of injury to the victims.
Prosecutors said that although the public prosecutor for Xu Jian's surrender of the circumstances to be identified, but it is not recommended that the court to mitigate or lighter punishment. The first instance judgment imposed a mitigated punishment on Xu Jianyu and sentenced him to 10 years' imprisonment. The prosecutor believes that the application of the first trial to the surrender clause is out of the basic facts and circumstances of the whole case, and it is inappropriate. Therefore, the punishment of Xu Jian is a light penalty for the sentencing.
Whether the prosecutor's protest can be recognized by the court is unknown. In response to the protest basis and social significance of the case, the "rule of law weekend" reporter asked the Beijing Municipal People's Procuratorate to prosecute a doctor of law, Liu Tao, for interpretation.
Liu Tao believes that the prosecution of Fengtai prosecutors is undoubtedly correct, and its intention lies in the consistent pursuit of the principle of legally prescribed punishment for a specified crime and the principle of legality.
According to Liu Tao analysis, there are obvious conflicts between the fact finding and the application of law in the application of the 236 articles and first provisions of the criminal law of the Fengtai court.
Although it is a rape crime, the criminal law stipulates different levels of punishment because of different purposes, modes of conduct and consequences. Therefore, the 236 article of the criminal law of China stipulates a more severe punishment than the first one in the second and third sections for the more abominable rape.
On the one hand, the first trial of the Fengtai court determines that the defendant Xu Jian's behavior in public places the rape of women in public, it is bound to apply the corresponding third paragraphs. Only in this way can we meet the basic logical correspondence of the application of the law and meet the inherent conformity of the criminal law norms to the legal and criminal punishment.
According to the prosecution's second points of protest, affirms the surrender but does not recommend the commutation, Liu Tao explained that the sixty-seventh article of the criminal law of our country stipulates that the criminals who surrender themselves can be lighter or mitigate the punishment. Among them, if the crime is lighter, it may be exempted from punishment. It can be seen that in the process of the application of the surrender of the criminal law, the criminal law has not given the inevitable connection between the surrender and the result of the lightened, relieved and exempted from the punishment, but has given the trade-off of this connection to the discretion of the judiciary.
The value orientation of the law is to get a fair treatment of the perpetrators on the basis of punishing the crime and the implementation of the system of surrender, and it is also beneficial to the result of the prevention of crime by the state and the society. To achieve this result, we must consider the social harmfulness of the punishable nature of criminal acts.
In essence, for a consideration of the social harmfulness of behavior, we should fully assess the cost and behavior of prevention behavior and the potential influence on the crowd. If a behavior is very small for the actor to prevent, and the actor would rather abandon the cost to pursue the proceeds of crime, its social harm is greater. At the same time, if a behavior potentially affects a large number of people, the social harm is greater.
The social harmfulness of Xu Jian's behavior is already great. In this case, Xu Jian's identity is unique, as a representative of the people who take care of the petition, and to realize the function of the state in social management. The essence of this function is to serve the society, not to violate the social order arbitrarily.
The abuse of this function, for the public psychology, not only weakens the authority of the state power, but also undermines the citizens' sense of security and trust in the power of the state. Therefore, the danger of Xu Jian's behavior in society is not enough to reduce or mitigate punishment through the recognition of surrender.