Strengthening "Protection Of Human Rights In Judicial Procedures":Analyzing The Ideology In Experts' Opinions Of Wu Ying Lawsuit Case

On January 18 th,2012,Zhejiang Higher People's Court delivered the judgment of second instance and sustained the death sentence of Wu Ying who was accused of the crime of fraud in fund-raising.The judgment has aroused widespread debate in the public,among which experts in the field of economy,finance and law frequently expressed their opinions about the case in public speeches,interviews and new media such as bolgs and macroblogs and defended Wu Ying from various perspectives.This research aims to identify the underlying ideological values of the experts by detecting their general stance on the case and examining their stance and personal beliefs in socio-economic and financial context from the perspective of critical discourse analysis.This research makes the following findings:(1)The experts take a stance against criminal control on illegal fun-raising,financial monopoly,the judiciary and the government and defend Wu Ying by legitimating her fund-raising behaviors with the adoption of discursive structures that include rhetoric,modality and relational process in transitivity.(2)Taking into account the socio-economic and financial context,experts' opinions are found to indicate two core ideological values of neo-liberalism,namely “no regulation and control” and “financial marketization”,which suggest that they tend to advocate a free market and are opposed to privilege.(3)Experts' opinions as part of public supervision have both positive and negative influence on judicial trial.On the one hand,experts' opinions help revealing the problems of current laws and regulations,prevent judicial rigidity and promote the development of the legislation.On the other hand,experts fail to control the degree of their judicial participation in Wu Ying lawsuit case in the sense that they overtly objected to the judgment of second instance before the Supreme People's Courtmade the final decision and that they made judicial issues political and ideological,which was beyond the scope of judicature.It is recommended that at the stage of China's transformation,current laws and regulations tend to lag behind social reality.Therefore,media supervision plays a role in appropriately adjusting the law,thus ensuring a fair trial and protecting the human rights of the accused.Meanwhile,some of the experts' opinions tend to be extreme,closed and strong and are affected by their ideologies.Therefore,we should also take a critical view of experts' opinions.