heavy fines and mitigation of the sentence may have a yardstick?

December 3rd, Nanchang Intermediate People's Court of Final Appeal handed Liao Ming, Jiangxi Agricultural University, former Vice-Chancellor of the traffic accident case, revoked the judgment of the court of first instance to three years in prison real punishment commuted his probation.
This immediately caused uproar in the judgment, before and after the two judgments are three years in prison, however, a detained a detention, the difference is not self-evident. The reasons given by the Nanchang Intermediate People's Court, which turned out to include Liao belonging to China's agricultural applied to the field of high-tech talent. This is tantamount to fueling, even after the introduction of the Criminal Code Eighth Amendment first jailed for dangerous driving offense musician Gao Xiaosong, not without ridicule followed a praised the people's court of human nature on the surface of law enforcement, but in reality the means containing insinuations.
The evening of 9 May 2011, Gao Xiaosong drunk wine driving driving causing continuous rear-end traffic accidents, the Beijing Dongcheng District Court to the maximum punishment prescribed amount of dangerous driving at sin, judgment in criminal detention for six months, fined four thousand. In fact, in the high case, not only were no casualties, the plot is not particularly serious. In contrast, in the same year at noon on March 5, Liao Ming, drunk driving beyond the bus for the continuous collision six pedestrians, causing two deaths and four injuries a major traffic accident, but it was finally given a suspended sentence, really let the crowd netizens tryin .
Emotional netizens to denounce the law should not lose the basic rational and calm. Because of dangerous driving, traffic crime the echoes and conflict between mainly caused by the administration of justice, more belongs to the legislative level. Specific to the Liao case, it should be noted that the particularity of the following layers: First, Liao was born March 5, 2011 incident, the Criminal Law Amendment Although announced, but not yet implemented. In other words, Liao murder case fashion crime of dangerous driving, drunken driving is just an ordinary offense rather than a crime. High incident was born May 9, the ninth day of the crime of dangerous driving started exactly; Secondly, taking into account the dangerous driving, especially drunk driving on the the public personal rights and the right to life of the potential harm, criminal law amendment will not practical consequences dangerous driving behavior was spun off from traffic crime plot, a separate evaluation, the criminalization of such acts. Since the state of intoxication is driving people in knowingly illegal awareness elements active, so the crime of dangerous driving in the circumstances of a crime is an intentional crime, traffic crime is typical of a crime of negligence. In order to avoid the cause of the accident behavior has practical consequences of the damage penalties but lighter than no actual damage consequences of dangerous driving behavior, the legislature set the legal punishment of the crime of dangerous driving for up to six months of detention and to distinguish traffic crime to three years of imprisonment.
From the point of view the verdict, Gao Xiaosong penalty criminal detention for six months, Liao penalty of three years imprisonment. The light from the sentence that the court sentencing of Liu still within the framework of existing laws, traffic crime sentencing a great span of counts, respectively, the following three years, three to seven years and seven to fifteen years, three grades. According to the judicial interpretation of the Supreme Court's death 1 at three deaths at more than two of three to seven years. The case in Liao's behavior caused two deaths and four injuries, should be in accordance with the law in sentencing for more than three years. In accordance with the provisions of Section 99 of the Penal Code, above and below contains this number, so Liao Ming accept full responsibility for the accident, but given that he protect the scene after the accident, rescue the injured and alarm surrendered plot, and active compensation for the dead and injured economic losses of the families of the court to be given a lighter amount at his three years in prison is consistent with the law.
However, the actual effect, problems arise: Gao Xiaosong is the real deal sitting six months in prison, Liao Ming to three years in prison, but suspended for three years. Therefore, the real controversial Probation.
The implementation of the system as a penalty, suspended often used in a negligent crime, traffic crime is placed on probation for charges in the criminal law. If Liao Ming with the victims and their families reached a Memorandum of Understanding compensation agreement, the court in the first instance, the stage their sentence is suspended, rather than wait until the second instance trial to commute in the case. Otherwise, in the present context, it is clear that the court declares the probation decision suspected it is lighter. In any case, however, the court placed on probation for the grounds of the so-called high-tech talent, is not right, I am afraid that this is caused by one of the root causes of public opinion raging.
A few years ago, when the social hot drunk driving into the penalty when the author repeatedly appeal for all parties calm, not superstition penalty. Drunk driving into the criminal will break the structure of crime and punishment in the existing criminal justice system, to confuse the essential difference between intentional crime with a crime of negligence, eventually leading to the distortions and contradictions of judicial decisions.
In fact, the phenomenon of drunk driving considerable degree of containment, not because into the sentence, but the traffic police department to increase the intensity of the investigation and enforcement. If there is no police force input, even into the punishment will not solve the problem of drunk driving; opposite long adhere investigated, even if does not enter the criminal drivers will have fear.
Liao case, the question now is: You Xiaosong heavy sentence in the special period, and was let go in the general period of the Ming Liao. Here on the merits, we do need the legislative and law enforcement agencies to carefully consider.