the 2010 20 October night

One student after hit by college students how to punish fill homicide division
Case replay: the 2010 20 October night. Xian music college student medicine home xin drive bruises a 26-year-old woman. Fearing for his images are each other down, medicine toward each other home xin hold fruit knife knife, even tong 8 caused the death. A few days ago, medicine home is "afraid readme kill the rural people hit, especially tough".
Medicine home in xian intermediate court in xin trial drug when a case, the house on-site 500 bystander, each received a "bystander audit case sheet", questionnaires feedback the collegial panel members except trial, there are two problems: you think should impose on medicine home what the punishment? You to audit the concrete methods of court-trial case case and advice?
According to hospital a judge introduction, to audit opinions for sentencing citizens before it, mbt sandals clearance it so, only this time was the largest number issued a questionnaire.
However, the court to bystander the issuance of questionnaires, ask for sentencing opinions, victims' families don't know in advance. In through the media knows it, victims to attorney, zhang xian xian then puts forward in the case, and resolutely opposed " MBT Maliza questionnaire as sentencing reference".
Zhang xian says there are 500 people attended audit, but which 400 people are college students this particular group, and victims are farmers, farmers is very few people in audit, the villagers and the victim to just 25 who relatives. In addition, in the 400 college students participate in questionnaires where there is some medicine music college home xin xian, the students of the number of students than other students, does it make survey results serious partial to deliberately murderer medicine home xin?
Zhang xian think, polls must have certain representativeness and universality, and still need to attend personnel have the necessary legal procedures, personnel composition also want to have reasonable structure (workers, farmers and intellectualsMBT Sini and other social circles as a proportion of personnel), and the court upheld in practice is very hasty and irresponsible!
Reference "opinion" has a legal basis
Beijing chang law firm ZhaoSanPing standing deputy director of the criminal law lawyer analysis said. An important principle is "to adapt" crimes. In the present criminal law in the provisions for conviction. No can reference "opinion" to the provisions of the conviction.
So then practice. Xi 'an no legal basis. Also can not put survey as reference basis for sentencing.
And in no legal basis. To the result of the poll influence decision. Is a kind of malfeasance, at least not very serious, and against the law.