The Legal Analysis And Thinking Of Chengdu "Sun Weiming Case"

Sun Weiming case known as the National Traffic Accident in drunk driving were first sentenced to death penalty cases. First instance was to dangerous means to sentenced to death executed immediately reported by the media led to a heated debate on the law. Community and law experts focus of heated debate in the case are:traffic accident or endangering public safety, punishment is too heavy, could get money for life, whether the case for the death penalty.Based on this, in this paper, the first and second instance decision on the case evaluation and the basis of comparison, reflected on the case of legal issues for further analysis and reflection. Main problems involved:The discretion of the judge and the question of reasonable application; media and judicial independence and its effect on the administration of justice; public expression of conflict with judicial independence and adaptation.In order to solve such problems of theoretical disputes and better address the difficult problems in judicial practice, can really implement the criminal law principle of legality and responsibility and punishment fit the principle of criminal law theory and the existing framework of law, this view, in the development of law countries, Judges of the law applicable to the facts of the case, the law can not be arbitrarily created, the law is lagging behind in social development, so, the law to give judges some discretion or flexibility is difficult to embody justice and achieve the purpose of fairness and justice, but must also consider the reasonable discretion of the application of limit excessive discretion. Public opinion both of the case affect the results of the trial, but also an impact on the hearing process, public opinion in the course of justice worthy of the role arising from the same time, the judicial application of public opinion also has a strong influence, can not be ignored, so how balance in the rule of law in the media, the relationship between public opinion and judicial independence is essential.