Study On The Controversy Of Lei Yang Case

In May 9,2016,a master of the Renmin University of Chinaentitled "just a father" died of an accident within an hour.The post was widely disseminated on the Internet and aroused great social repercussions.The case went through many ups and downs,and finally ended with the decision of the People's Procuratorate of Fengtai District of Beijing not to prosecute.Although this case has been completed,it still has reference significance for the construction of a society ruled by law and the establishment of self-confidence in the rule of law of socialism with Chinese characteristics.In this paper,the three most controversial disputes in Leiyang case are discussed: whether the police law enforcement behavior exceeds the necessary limit,whether it conforms to the legal procedures,whether the conviction and the final non-prosecution decision made by the Beijing Fengtai District Procuratorate are reasonable,whether the evidence collection and the application of evidence are reasonable in the process of administrative law enforcement.Analysis.Through the analysis,we can see that the police's administrative law enforcement power has not been well controlled,the relevant system of non-prosecution decision still has loopholes,and there are problems in the collection and application of evidence in the process of administrative law enforcement.In view of the problems reflected in the case,this paper puts forward reasonable suggestions on the rationalization of public security law enforcement,the standardization of non-prosecution procedure,the perfection of administrative law enforcement proof system,the transformation and perfection of administrative law enforcement evidence and criminal procedural evidence,hoping to provide some useful reference for the construction of a society ruled by law.