Jiang Ge Case" (Defendant: Liu Xin)“江歌案”(被告:刘鑫)
In the evening of October 15, 2018, the mother of Jiang Ge, a Chinese female student who was killed in Japan, issued a document suing Jiang Ge’s classmate Liu Xin.
In the early morning of November 3, 2016, Jiang Ge, a Chinese female student studying abroad, was killed in her rented apartment in Nakano District, Tokyo, Japan. The suspect, Chen Shifeng, is 25 years old, an international student from China, and the ex-boyfriend of Jiang Ge's roommate Liu Xin. According to media reports, after the three met on the day of the crime, Liu Xin's boyfriend kept pestering Liu Xin. In order to protect Liu Xin, Jiang Ge asked him to wait in the house. Jiang Ge argued with her boyfriend alone, and then the crime happened.
After the incident, public opinion focused on Liu Xin. Liu Xin's behavior of locking the door, giving false testimony, trying to separate the relationship after the incident, and insulting the victim's family caused public outrage.
Some people pointed out that based on the existing evidence, Liu Xin did not have the criminal motive to kill Jiang Ge, and there was no evidence to indicate that Liu Xin had instigated or helped kill Jiang Ge. Liu Xin should only bear moral responsibility, and there is no law. level of guilt.
However, some people think that Liu Xingu committed perjury, was suspected of covering up the suspect, and refused to save him, but the law cannot punish him, which is a manifestation of legal incompetence.
Should the law also accommodate moral responsibility? How can we take into account fairness and justice while showing respect for the simple emotions of the people?
2018年10月15日晚,在日本被害的中国女留学生江歌的妈妈发文,起诉江歌同学刘鑫。2016年11月3日凌晨,中国女留学生江歌在其租住的公寓中遇害,案发于日本东京中野区。嫌犯陈世峰25岁,是来自中国的留学生,是江歌室友刘鑫的前男友。有媒体报道称,案发当日三人见面后,刘鑫男友一直纠缠刘鑫,江歌为保护刘鑫,让其先在屋内等待,江歌独自与其男友理论,后案发。
案发后舆论集中在了刘鑫身上,刘鑫锁门、作伪证、在案发后想尽办法撇清关系,以及侮辱被害者家属等行为引起了众怒。
有人指出,从现有的证据看刘鑫一不具有杀害江歌的犯罪动机,二也没有证据指明刘鑫存在教唆、帮助杀害江歌的行为,刘鑫仅应承担道德责任,而不存在法律层面上的罪责。
但也有人认为刘鑫顾作伪证,涉嫌包庇嫌疑人,且见死不救,但法律却不能惩处,是法律失能的体现。
法律应该兼顾道德责任吗?如何才能在体现对民众朴素情感尊重的同时兼顾公平和正义?
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