2009-07-10

Editorial Warns Against Distorting the Law to Satisfy Public Anger

南京车祸:法律如何回应民意

Beijing News, 2009-07-10

Nanjing (Jiangsu Province) police recently submitted a request to the local procuratorate to arrest Zhang Mingbao on charges of endangering public security for a traffic accident he allegedly caused on 30 June that left five pedestrians dead and four injured. Public outrage over the accident—in which Zhang was reportedly extremely intoxicated—has centered on demands for punishment greater than the 7 years fixed-term imprisonment that Zhang could receive for the crime of “causing a traffic accident.” An editorial in the Beijing News worries that local authorities gave in to public anger in accusing Zhang of endangering public security, which, as defined in China's criminal code, does not fit Zhang's actions and is likely being applied simply to justify harsher punishment. Such distortions of law, the editorial argues, not only endangers the basic stability and predictability of the law but also fails to address the fundamental issue in the case: a void needing to be filled exists in Chinese criminal law regarding egregious traffic accidents.

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