大英唐慧案

Chinese judicial system problem in Tang Hui case.

唐慧案背后的中国司法体制的问题

Li Yi 2013080285

Professor Zhang Jian

November 13,2013

In my opinion: Chinese judiciaryhave already lost justice because of too much external influence in Tang Hui Case.

我的观点：唐慧案中中国司法受到了过多外部影响而丧失公正性！

Tang Hui Case end by in a best result that Tang Hui want to get, or "ends in our most want to see the result!” But, do you think the result is the best one? Or the most just one? I think NO!

唐慧案结果可以说是以唐慧最愿看到的结果结尾，或者说是“以我们最愿看到的结果结尾！”，但是这样真的是最好的结局？最公正的结局吗？我不这样看！

When Ilearn more about the case, I get a conclusion: Chinese judiciarylost justice in the case. Whenthe absolute fairness of judicial was changed into obeying the requirements of public because of more public opinion pressure. I can’t believe in Chinese judiciary base on the law!

详细了解整个事件的结尾，我可以得出这样一个结论：中国司法在整个事件中丧失了公正性。当法律的绝对公正性受到过度的社会舆论压力影响而去改变顺从所谓的民意的时候。我无法相信也不可能相信，中国的司法是真正以法律为基础的！

In the punishment process of the seven criminals, measurement of penalty depend on the degree of force. However we can’t find a strong evidence from the earliest confession, even three other sex worker who worked with Lele said that they didn’t think Lele was f orced. In the case file, working late, Lele increase in the number of statements to be "forced" to describe, degree aggravating. But some of the details and the previous statement was not consistent①. So we have a reason to believe that the so-called "the crime of forced prostitution" is not established.But why the public prosecutor charged the seven criminals the crime of forced

prostitution? I think they were affected by public opinion. In other words, it is an evidence that China judiciary lost justice.

在对7个主要嫌犯的量刑过程中，被害人乐乐的“强迫程度”，无疑是决定量刑的关键。但是从一开始的证词中，包括和乐乐一起的三名性工作者的供词中我们发现强迫是不成立的，而且从一开始乐乐本人的供词中也很难找到强有力的证据。“在案卷材料中，办案后期，乐乐的陈述中对被’强迫’的描述增多，程度加重”①。但有些细节却与前期的陈述不相符。那我们就有理由相信所谓的“强迫卖淫罪”是不成立的。但为什么最后的起诉书里会有这一项？结合网上的一些信息，在我看来这是舆论的影响。同样，这正是司法公正丢失之处！

As the weak side, the public opinion were sympathy with Tang Hui, even they supported Tang Hui when her asked the court that all the criminals should be sentenced to death. However, finally, the court judged two criminals death under strong pressure of public opinion.

作为弱势的一方，唐慧获得了社会舆论的同情。甚至当唐慧要求7名罪犯死刑的时候，社会舆论还是一如既往的站在唐慧一方。面对强大的社会舆论压力之下，法院最后还是判了2名被告死刑。

From the Southern weekly report in 2013 there was a paragraph “The lawyer Penggang of death penalty review of Star Qing said, at this time the retrial, the Supreme Court of Hunan province in the internal material of sentencing the defendant Ming recognized as overweight②.Also from this report:” Criminal law scholars are surveyed said they were,two death sentence and four life imprisonment is a rare heavy sentences. Qin Bin who was sentenced fifteen years was not an adult when the unlucky thing happened. Before, there were very very few examples that the criminals were sentenced a death sentence because they forced some people prostitution, even the life sentence also were very few examples. The open cases by media, was sentenced ten years mostly. “Judging from the evidence, I think that Chinesejudiciary exist serious decision unfair phenomenon in Tang Hui Case.

来自南方周末2013年的报道中有这么一段“秦星的死刑复核律师彭刚透露，在这一次发回重审时，湖南省高院在内部材料上明确认为对被告量刑过重②。同样来自这篇报道：“受访刑法学者均认为，两个死刑和四个无期徒刑属于罕见的重判。获刑15年的秦斌案发时为未成年人。此前，因强迫卖淫罪的死刑判例极少，无期徒刑也很少见。媒体公开报道的案例，多为判十多年有期徒刑。“从这些证据来看，我认为中国司法在唐慧案的审理中存在着严重的判决不公正现象。