銆€銆€ Peng Yu
The judicial judgment of Peng Yu An, my individual considers as to have obvious legal debt. From strict legal meaning saying that this is one and absurd again go through do not take the judgment of deliberation. Main careful judge is on record , have not conformed to the basically legal principle with fact as basis in trial process. Have deviated from legal adjudication more and general provisions of the civil law is a series of to form important document.
In fact, is at the time of seeing the judgment of Peng Yu An again and again , you first visual may believe , it really go through do not take legal basic deliberation. Judge is trying the process of this case , rely on nationality self exceeds Hu " ordinary imagination " and the logic that is opinionated inference, have made a funny judgment.
First, main careful judge has deviated from who to advocate the basic principle that who puts to the proof , disregards the legal explanation of " Yi crime from have no " more. Let the formerly simple case of this one become is innocent to cannot bear. My individual thinks that so does a simple case into a difficult case, first reason lie in main careful judge has deviated from judicial justice basic criterion. As both sides have no fault , as involved party slowly old lady can not put to the proof Peng Yu is to let her deliver incomplete person, so, should not arise the judgment of back. This case has two obvious features , is first , lacks definite unitary logic between legal clause and case to contact , change speech , for this case, may infer from legal stipulation some conclusions; It is second between, some conclusions that happen according to legal clause inference have no obvious correct errors minute, the earth that says some is " is public to say public reason, old woman says old woman reasonable ". As as this, judge can only select and can not conclude. Moreover this case in the process of trial occur so endure the variable that person thinks over , let us have ample reason to hit a large question mark for the judgment of this case.
As the judicial justice of social order that maintenance means and law embody efficiently , in fact, it is protecting just, promotion justice. Can" Peng Yu An" let us experience what? Judgment those close the mad inference and held , the finger that brings a kind of power is accepted , does not say by minute, reasonable 3 flat piculs, the unreasonable 3 of shoulder pole. What this case endure person more to think over is , concerning the notes of the important first scene of involved party, it is baffled and missing , local police station grows the false witness made.
One makes meddlesome youth, being framed by person become trouble-making person, and at the time that both sides can not wash white self , law has given so a preposterous judgment unexpectedly, " both sides have no fault , however responsibility will undertake together " so, have helped slowly old too Peng Yu, a group will undertake 47 thousand yuan. Do not know that Peng Yu will be a kind of what mood at heart at the time of taking this judgment.
From a more important layer surface, go to see , this judgment of " Peng Yu case " is also thorough to have wrecked the formerly kind heart of many persons, have shaken their normal decision criteria that worths orientation and has also shaken their normal rights and wrongs, this is just the fatal thing brought by this case judgment.
Law embodies dignity and the will of country , embodies judicial fairness more. If" Peng Yu An" such dust falls to decide , so, I for such judicial judgment hold definite doubt, it is grieved for the judicial judgment that this kind of leak 100 makes.
銆€銆€
September 7,2007
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