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The author:(作者)delvpublished in(发表于) 2013/10/29 2:20:17 Jinyuan District of Taiyuan recognized as the demolitions sent a letter to the Court and plead not
"Demolitions death case government begged the Court lenient sentence? "Track
According to Xinhua recently, Jinyuan District of Taiyuan City, Shanxi province that the Government sent a letter urged the Court to cases of forced demolition of death "careful sentences," something which is causing public concern. Jinyuan Government said in an interview with reporters, Taiyuan City, Shanxi province High Court and the intermediate people's Court sent a relevant letter of, and acknowledge the practice is wrong.
On October 30, 2010, the ancient village, Jinyuan village, Taiyuan illegal evictions, one villager was shot to death by forced demolition bars. After the impact, the Taiyuan intermediate people's Court of first instance sentenced Wu Ruijun suspended death sentence were also sentenced 16 other people. The defendant objected, lodged an appeal.
Families of the defendants sentenced after petitions seeking a commutation
According to media reports, in September this year, Taiyuan City intermediate people's Court in Shanxi province High Court ruled that a retrial. Family of the deceased at the time of the trial, discovered the first two by the local Government to two levels of courts, requesting "careful sentences" letter. Letter said Wu Ruijun after having been sentenced to death, suspended for two years and that his family has appealed his conviction, several times to petition and relevant departments, and to propose mitigation and sentencing demands. In order to maintain social stability, the district government research, urged municipal intermediate people's Court on Wu Ruijun review the sentence, according to the demands of the family be considered by the parties.
Journalists 23rd learned from Taiyuan, Jinyuan, Jinyuan did give the Government made by the High Court and the intermediate people's Court of Taiyuan City, Shanxi province "on the ancient village of Taiyuan, Jinyuan '10 · 30' events in the case of the defendant Wu Ruijun judgment to reopen the sentencing letter carefully."
Most of the respondents said the Department of administrative intervention in judicial
In this regard, Jinyuan Government leaders said in an interview, such an act is wrong, to suit the unreasonable demands of appealing to people, not on the law involved in a lawsuit petition cases concerned in accordance with the rule of law and way of thinking be patient enough, reflects the grass-roots cadres ' consciousness of rule of law is weak, lack of capacity and other issues.
Most respondents indicated that Governments do not consider the feelings of victims ' families, their intentions and practices of witness credibility, offside is a role, even more blatant administrative interference.
A lawyer who asked not to be named told Xinhua in an interview that, in this case, the Government, in fact, is to put pressure on the courts by issuing form. In practice, administrative intervention in the administration of Justice to a certain extent does exist. "Because of staffing and financial resources of the judiciary is under the influence of local government and the local party committees at the same level, so some of the public authority in question on a case before, it is difficult to get rid of local exerted influence. "The lawyers said," only the powers in a cage, for power to learn to respect the law, fairness and justice can be done. ”
(Original title: plead for forced demolition Government admits no)
■ “强拆致人死亡案 政府求法院轻判？”追踪
据新华社电 近日，山西太原市晋源区政府发函恳请法院对强拆致死案“慎重量刑”一事引发舆论强烈关注。晋源区政府接受记者采访时表示，确实给山西省高院和太原市中院发过相关内容的函，并承认该做法不对。
2010年10月30日，太原市晋源区古寨村发生违法强拆事件，一村民被强拆者棒击致死。事发后，太原市中级人民法院一审判处武瑞军死缓，其他16人也分别被判刑。被告人不服，提出上诉。
被告人获刑后家属上访求减刑
据媒体报道，今年9月，太原市中院依山西省高院裁定重审此案。死者家属在庭审时发现了两份由事发当地政府发给两级法院、请求“慎重量刑”的函。函件称，武瑞军在被判处死刑、缓期两年执行后，其家属一直不服判决，多次到区及有关部门上访，并提出减轻量刑的诉求。为了维护社会稳定，经区委区政府研究，特恳请市中级人民法院对武瑞军重审量刑时，依法对当事人家属的诉求予以考量。
记者23日从太原市晋源区了解到，晋源区政府确实给山西省高院和太原市中院发过“关于对太原市晋源区古寨‘10·30’事件一案中被告人武瑞军判决重审慎重量刑的函”。
多数受访者称系行政干预司法
对此，晋源区政府主要领导接受采访时表示，这种行为是不对的，迁就了上访人的无理诉求，没能对有关涉法涉诉信访案件按照法治思维和方式予以足够耐心的处理，体现了基层干部法治意识不强、能力不足等问题。
多数受访者表示，政府这样做完全不考虑受害人家属的感受，其意图和做法有失公信力，是一种角色越位，更是赤裸裸的行政干预司法。
一位不愿透露姓名的律师接受记者采访时表示，在本案中，政府实际上是通过发文的形式给法院施加压力。在实际中，行政干预司法的现象在一定程度上确实存在。“由于司法机关的人事任命和财政来源都受同级地方政府和地方党委影响，因此在一些涉公权力案件的审理上，很难摆脱地方施加的影响。”该律师表示，“只有将权力关进笼子，让权力学会尊重法律，公平正义才能得到伸张。”
(原标题：为强拆者求情政府承认不对)
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