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September 2228, 2005
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Balance public opinion and judicial independence
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Nick Land
Balance public opinion and judicial independence
By Nick Land
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The recent case of Wang Binyu, a 27-year-old
migrant worker from Gansu Province who killed four and injured one,
has not only highlighted the importance of protecting the basic
rights of migrant workers, but also sparked an intense debate over
whether Wang should be sentenced to death.
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Wang worked for more than one year on a building site in the city
of Shizhuishan of Northwest China¡¯s Ningxia Hui Autonomous
Region. When he went to his boss to collect about 5,000 yuan (US$617)
of back pay in May, the boss, who had no intention of paying the
money, summoned Wang¡¯s supervisor and three of the supervisor¡¯s
relatives to intimidate and humiliate Wang. In hot anger Wang pulled
out a knife, stabbing the four to death and seriously injuring another.
He then voluntarily gave himself up to police later that day and
was sentenced to death by a local court in June.
The discussions and debates following media reports have reminded
me of the case of Yu Bin, former vice-mayor of a small city in Central
China¡¯s Hunan Province, who took bribes but spent part
of them on some good causes.
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"The most important characteristic
of a chief executive of any region is that he or she
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Yu has been found guilty of taking 95,000 yuan (US$11,728) in bribes
and possessing 100,000 yuan (US$12,300) worth of property from unknown
sources. What set Yu apart from other corrupt officials was that
Yu used some part of the bribes he received to help the poor and
on other worthy causes. Yu has been sentenced to a three-year imprisonment
with a five-year suspension. The court also confiscated 60,000 yuan
(US$7,407) worth of Yu¡¯s property.
Many people expressed sympathy for Yu, some even arguing that he
should not have been convicted at all because he was a virtuous
official, as shown by his benevolence.
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Public discussion of crime and justice-related issues is a normal
and positive phenomenon. But then an interesting question pops up:
Will public opinion and sentiment jeopardize judicial independence
and impartiality?
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Some people argue that the media and the public should let justice
take its course, saying that justice is often better served with
calm professionalism than an eye on the news headlines. So they
hold it to be better to wait until the truth comes out and speaks
for itself rather than making any prejudgment. It is their belief
that all the media should do is to present a fair, objective and
balanced depiction of the facts without any bias or prejudice or
sympathy for or against either party, and that outside interference
or social pressure, either from the public or the media, may have
negative effect on judicial independence and impartiality.
This sounds like a perfect argument. Nevertheless, China has a long
tradition of taking public opinion and sentiment into account when
giving a verdict. Is this a good tradition, or a bad tradition that
can undermine judicial objectivity?
Should public opinion and sentiment influence court verdicts, and
if yes, to what extent, and how can it be ensured that public opinion
and sentiment influence it in a fair and unbiased manner?
Perhaps we can gain a better understanding of the relationship between
public opinion and judicial independence through the cases of Wang
Binyu and of Yu Bin.
(The author is a translator and freelancer)
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