jiang ge liu xin case: is there really impotent in face of indifference law?

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chinese students progress:in the song jiang killed the murderer chen shifeng trial in japan in december, song jiang roommate rebekah and song jiang mother finally agreed to meet for the first time.

, november 3, 2016.she was killed by chen shifeng, a former boyfriend of her roommate liu xin.it is reported that jiang song was killed to prevent chen shifeng from harassing liu xin.


in the face of indifference, law really helpless?


china university of political science and law researcher chen jiren:

this event is very extreme, but the value is a thoughtful social event.i think is not as some net friend think not law rebekah, in jiang song, i think to look at this problem, can be divided into three levels:the first is the level of criminal law, the second is the level of civil law, the third is a moral level.

in criminal law, song jiang was rebekah please the past to do the work of her boyfriend and asked her to protect her and so on in song and bass, bass is obviously knows better than song jiang her boyfriend's character and dangerous, so when song jiang to face the risk of a very determined and call to rebekah, rebekah shut the door, so this time i think rebekah's criminal responsibility.the criminal responsibility is that liu xin's invitation to jiang has given him an obligation to help her escape from danger.when song jiang because rebekah boyfriend things in a very dangerous time, she is obligated to salvage jiang song, but rebekah shut the door at this time, in fact, should bear the connivance of indirect intent, from this ways is a violation of their legal obligations, can be investigated for criminal responsibility.

the second level, from civil liability for, according to the regulation of our civil law general principles, about tort liability law in our country and some other related legal liability provisions, jiang rebekah songs help liu xinlai do ideological work and is invited to come, in this case, the song jiang because her invitation after the loss of life, bass is completely have the duty to bear civil liability to pay compensation.

the third level, obviously the likes of rebekah, friends for help and when in danger, she is so cold, in fact is not a simple help not to help others, but a special cynical indifferent, this"benefit"is for her own life safety, saw this, she completely lost the basic moral, so brings to the society more deep thinking on this issue.the harm and damage to the social atmosphere are deep.criticism to condemn, internet users in a bass i think that is enough, because only in this way can let everybody understand that a person is not only need to bear legal responsibility in the society, even more of a moral responsibility, may be a legal responsibility, bear moral responsibility is for life, it is very profound.

according to the criminal law of the people's republic of china, chinese citizens abroad crime or others for chinese citizens abroad, are all can be subject to the criminal law of the people's republic of china, so rebekah to bear criminal responsibility even if not prosecuted in japan, then go back to china after can be in accordance with the relevant evidence of criminal investigation to her.

/p>/p>/p>/p>/p>/p>/p>/p/p/p>/p/p/p>/p/p/p>/p/p/p>/p/p/p>/p/p/p>/p/p/p/p/ppolice in japan have charged chen with murder after 42 days.however, it has been reported that chen shifeng is not likely to be sentenced to death in japan even if such a naked murder has caused the death of a person.from the japanese legal provisions, there are 15 crimes punishable by death penalty, but in fact the standard of death penalty in japan is to be charged for murder and the victim is more than two.

/p>/p>/p>/p>/p/p/p>/p/p/p>/p/p/p>/p/p/p>/p/p/p/p>/p/p/p>/p/p/pthe case will be held in tokyo on december 11, 2017, the legal evening news said.


chen shifeng in japan will be sentenced to death?


the thammasat university professor hong-wei zhao:

in japan, not want to kill, but to look at the plot, such as for this man is not consistent with violence, also look at his attitude in the court, if his attitude is very good, that this person can turn over a new leaf, it is a judgment standard, the third point is to see if he have a criminal record, if not have a criminal record, means that this is a kind of impulse to kill, is a kind of accidental homicide, this wouldn't be sentenced to death.in fact, the lawyer can find all kinds of words to reduce his crime, so he can judge that the death penalty is not a hundred percent, which i think is the prison sentence.


cases happened in japan, our country judicial organ to prosecute?



according to the relevant provisions of the principle of territoriality, a nation's citizens in other countries' criminal offence occurs, should according to the principle of the law of the state in which the crime occurred preference for processing, namely the crime scene with host countries preferred jurisdiction.jiang song's case, for example, the case in japan, even if the case with the criminal suspect and the victim for the chinese, will also, according to the principle of territoriality trial on its behavior according to the japanese criminal law.the principle of dependency is therefore called the"golden rule"of the application of extraterritorial criminal selection.therefore, when the chinese are confronted with crimes committed by criminals abroad, they should call the police in time and state the crimes to the local judicial organs, and the criminals should be punished according to local laws.

"chinese crime, can chinese law still be responsible for it?"in response to the further questioning of many netizens, there are clear provisions in the law.according to our country criminal law stipulated in article 10:outside the territory of the people's republic of china, the crime shall bear criminal responsibility in accordance with this law, although after a foreign judgment, can still be shall be investigated in accordance with this law, but in foreign countries has been meted out punishment punishment can avoid or mitigated punishment.in the case of jiang song, the former boyfriend of liu xin can still claim the right of prosecution according to law if he is punished in japan.

, but a necessary condition for the exercise of the right of prosecution is that the suspect returned to china.only the criminal suspect himself in the country can apply the provisions of article 10 of the criminal law.according to the supreme law, the provisions of article 8 of the interpretation of the criminal procedure law of the people's republic of china shall be governed by the people's courts of the place where they live or where they live;the victim is a chinese citizen and may be under the jurisdiction of the people's court where the victim resides.specific to the case, if rebekah's former boyfriend to go back to china, when shall be investigated for criminal responsibility by the entry or departure of former residence under the jurisdiction of the people's court, it can also be the victim by jiang song before departure to live under the jurisdiction of the people's court.:


the china daily quoted japanese news network reported that on the day of the 12 o 'clock at night, jiang song arrived at the station to meet rebekah to go home, but arrived in residential apartments, rebekah's former boyfriend chen shifeng in front of the apartment building, such as three people argue.then jiang song called liu xin advanced room, chen shifeng theory, and he was not allowed to enter the room.chen then pulled out his knife and stabbed jiang in the neck and chest, causing him to lose too much blood.

, born in 1992 in qingdao, shandong province, lives in a single parent family, and lives with her mother.after her daughter was killed, jiang song's mother was looking for liu xin to understand the situation of her daughter's death, but liu xin had never met with jiang's mother, and she was completely unable to connect with her.so jiang's mother exposed her family's home address, work unit, license plate number and other personal information.she said she wanted to force liu xin out.later, she received the wechat of liu xin, asking her to delete the family information from the internet, or she would not assist the police in handling the case.

song jiang mother accused rebekah advanced room locked the door and heard calling for help, also blocking the song jiang road to escape;in an interview with the media, liu denied locking the door.surveys"river song"in one year, two people from private line of communication to the microblogging public debate, song jiang mother and rebekah contradiction between two people is more and more big, finally with the help of media, in august of this year, they finally have seen this in the local village committee office late for 294 days of the first side.this meeting, although liu xin repeatedly apologized, did not resolve jiang ge's mother's resentment, in her opinion, liu xin was forced to face the camera to apologize to her because of the pressure of public opinion.the two sides, announced by the media, have also rescheduled the case to the point of public opinion.

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