【新唐人2014年03月13日訊】瀋陽小販夏俊峰殺城管案，曾經引發海內外關注，夏俊峰去年已經被執行了死刑。週二，最高人民法院院長周強談到夏俊峰案時說，「這種人不殺非常危險」，「會天下大亂」。有分析抨擊，城管凌駕法律之上，為何不談談暴力執法？而夏俊峰殺城管，百姓稱好，夏俊峰並不危險，反而是周強在給恣意妄為的執法者及城管站臺、撐腰。
3月11號下午，周強在參加中共「兩會」湖南代表團審議「兩高」報告時，提到瀋陽夏俊峰案。
夏俊峰是一名攤販，案發前與妻子在瀋陽擺攤賣烤肉。2009年5月16號，夏俊峰夫妻倆人遇到10多名城管。據了解：城管搶過夫婦倆的煤氣罐，將串肉扔到地上，因夏俊峰反抗，城管開始毆打他。據夏俊峰律師滕彪描述，夏俊峰在城管辦公室再次遭到毆打，他才從口袋裡掏出一把水果刀，刺向三名城管，其中有兩人被刺死。滕彪表示，法院拒絕採納六名目擊者的證詞，這些人原本可以清楚的證明，夏俊峰的行動是出於自衛。到最後，法院採納了城管的證詞。
而周強說：這種人不殺就非常危險，像兩個人關起門吵架，你把人殺掉了，如果這樣也是正當防衛，這個社會就會天下大亂。
周強的話在網路上引發強烈反彈。有網民質問，夏俊峰不殺非常危險？那是對官員來說非常危險，但城管打死那麼多人有哪個判死刑了？他們就不危險了嗎？這樣放縱性的判決就不危險了？
還有網民質問：「執法者可以凌駕法律之上，為何不談談暴力執法？」﹔也有網民指出：「法律從來都不是維護正義的標準和原則，而是維護中共的統治的手段。」
北京憲政學者陳永苗：「周強的講話，它實際體現了司法只是黨的『刀把子』的一個精神，並不是法律，所以他殺不殺夏俊峰，它首先要照顧到官員，照顧到城管，然後它可以草菅人命，然後他甚至不在乎司法公正。」
北京維權律師唐吉田指出，周強僅僅通過小販和城管的身份來強調不殺夏俊峰就會天下大亂，這是非常荒謬的。
北京維權律師唐吉田：「那麼實際上真正造成天下大亂的，不是殺不殺一個夏俊峰，而是能不能公正的去辦理案件，特別是在死刑事情上，要破除官民兩套標準的這種陋習。」
去年9月25號，夏俊峰被執行死刑。消息傳出後，要求「刀下留人」的呼聲鋪天蓋地。
大陸民眾氣憤之下，聲聲質疑：前中共高官薄熙來的妻子谷開來故意殺人，為甚麼不殺，對底層卻趕盡殺絕？難道這是政治權貴們的特殊禮遇嗎？
網民「Jian Alan Huang」發推特分析，如果夏俊峰不死，從判決當天開始，城管就得成批的被砍死在街頭，這就是為甚麼夏俊峰必須死。
唐吉田：「夏俊峰這個案子通過辯護人披露的信息來看，他應該是具有防衛性質的一個案件，實際上在法院的判文書當中，它也沒有有效的回應辯護方的一些質疑，從程序上，特別最後死刑複核公開性也不夠。」
唐吉田指出，夏俊峰被執行死刑不合法，也不符合官方所謂的少殺、慎殺的政策，周強說不殺夏俊峰就會天下大亂，只是專制統治的需要。
唐吉田：「 似乎通過殺人就能夠實現社會安定，那他講這個話從另一方面也給這些恣意妄為的執法者，包括城管在內的去站臺，或者撐腰，意思是只要你們執行長官的命令，就會有人給你們撐腰，給你們消災等等。」
唐吉田認為，周強只是說出了中共官員的心裡話，中共的法院、檢察院官員在任選上，只是考慮是不是聽話，而不是考慮他們的職業倫理和專業素養，再加上這些人聽命於黨委，這種模式不改，還會出現比周強更荒唐的講話。
採訪編輯/李韻 後製/舒燦
Who Is More Dangerous: Urban Management Officials Or Street Vendor Xia Junfeng?
The fatal stabbing of urban management officials (chengguan)
by Xia Junfeng, a Shenyang street vendor, aroused
concern at home and abroad.
Xia was executed in 2013.
On March 12, Zhou Qiang, the President of the Supreme
People's Court, said of the Xia case, "This sort of person
is very dangerous if we don't kill them",
"They will cause chaos under the sun".
Analysts criticize that chengguan for placing themselves
above the law and wonder why Zhou didn't mention their violence.
Xia brutally killed chengguan, but civilians said it's good,
Xia wasn't a dangerous man.
Zhou Qiang deliberately supported
the thuggish chengguan.
On the afternoon of March 11, Zhou Qiang joined the Hunan
delegation panel discussion during the National Congress.
He mentioned Xia Junfeng's case.
Xia Junfeng ran a kebab stall
with his wife on the street.
On May 16, 2009, 10 chengguan came to the stall.
Sources say that the chengguan confiscated Xia's gas tank,
and threw kebabs on the ground.
Xia resisted, and was then beaten by these chengguan.
According to Xia's lawyer Teng Biao, Xia was dragged
into an office and was continuously beaten.
Xia then took a fruit knife out from his pocket
and stabbed three officials.
Later two of them died.
Teng Biao said that the court rejected
six witness testimonies.
These witnesses could clearly prove
that Xia's act was out of self-defense.
However, the court only accepted
the chengguan's testimony.
Zhou Qiang said: "This kind of person will be very dangerous
if we didn't kill him.
It's likes two people quarrelling at home,
and one kills the other.
If this is considered self-defense, society will
become chaotic."
Zhou's words aroused strong controversy.
Netizens questioned: Would Xia be dangerous if he
hadn't been executed?
Well, the danger is the officials' feeling.
Chengguan have killed so many innocent people,
but which official has been executed?
Aren't those officials really dangerous?
Isn't casually sentencing a person dangerous?
More netizens questioned: "The law enforcement officials
can put themselves above the law,
why doesn't Zhou talk about their violence?"
Some netizens pointed out: "The law has never maintained
the standard of justice and principle, but is a tool to maintain
the Chinese Communist Party's (CCP) rule."
Chen Yongmiao, a Beijing-based lawyer: "Zhou Qiang's
remark actually has manifested that
the current law is like a handle of a knife for the CCP,
it is not down to the law itself.
Whether to kill Xia Junfeng or not is not the issue,
they first need to take care of its officials, then
they can casually sentence Xia to death.
They don't care about the justice or not."
Beijing activist lawyer Tang Jitian points out
that Zhou Qiang just used a street vendor
and chengguan's identities to emphasize that without
killing Xia, the country would be chaotic.
This is nonsense.
Tang Jitian: "To cause chaos in the country isn't dependent
on Xia's death, but depends on whether they can deal with
the case in fairness or not.
Especially when they deal with a death sentence,
they must eradicate corrupt custom of using two standards
between the officials and the civilians."
On Sept. 25, 2013, Xia Junfeng was executed.
The news evoked a strong public outcry
throughout the county.
The outraged public questioned why when the former
high-ranking official Bo Xilai's wife, Gu Kailai murdered
a British businessman, wasn't she given a death sentence?
Why does the regime just kill the lower citizens?
Is this a special privilege for the political elites?
Netizen Jian Alan Huang tweeted that if Xia Junfeng
hadn't been executed, then a group of chengguan
would be killed on the street.
This is why they must kill Xia.
Tang Jitian: "From disclosed information by defenders
of Xia Junfeng, we noticed that the case
has a defensive nature, in the verdict, the court didn't
effectively respond to defenders' questions.
From a legal procedure point of view, especially the last
review of Xia's death sentence, the openness isn't enough."
Tang Jitian points out that Xia Junfeng has been
illegally executed, but that the sentence didn't even follow
the policy of insisting on killing a little and killing carefully
in applicable death penalty.
Zhou Qiang's claim that without killing Xia, the country
will be chaotic, is just for the needs of the dictatorship.
Tang Jitian: "It seems to achieve a stability of a society
they have to kill.
His words, from another point of view, are supporting
the thuggish officials including chengguan.
In other words, as long as one follows CCP officials' orders,
someone will certainly support one and clear one's trouble."
Tang Jitian suggests that Zhou Qiang spoke CCP officials'
words from his heart –in appointing officials in the court
or procuratorate it just needs to be observed whether one
listens to the CCP's order or not, but their professional ethics
and professionalism don't need to be considered.
In addition, these people are under the management
of the CCP, if this model doesn't change, there will be more
ridiculous words out of officials' mouths.
Interview & Edit/Li Yun Post-Production/Shu Can
3月11號下午，周強在參加中共「兩會」湖南代表團審議「兩高」報告時，提到瀋陽夏俊峰案。
夏俊峰是一名攤販，案發前與妻子在瀋陽擺攤賣烤肉。2009年5月16號，夏俊峰夫妻倆人遇到10多名城管。據了解：城管搶過夫婦倆的煤氣罐，將串肉扔到地上，因夏俊峰反抗，城管開始毆打他。據夏俊峰律師滕彪描述，夏俊峰在城管辦公室再次遭到毆打，他才從口袋裡掏出一把水果刀，刺向三名城管，其中有兩人被刺死。滕彪表示，法院拒絕採納六名目擊者的證詞，這些人原本可以清楚的證明，夏俊峰的行動是出於自衛。到最後，法院採納了城管的證詞。
而周強說：這種人不殺就非常危險，像兩個人關起門吵架，你把人殺掉了，如果這樣也是正當防衛，這個社會就會天下大亂。
周強的話在網路上引發強烈反彈。有網民質問，夏俊峰不殺非常危險？那是對官員來說非常危險，但城管打死那麼多人有哪個判死刑了？他們就不危險了嗎？這樣放縱性的判決就不危險了？
還有網民質問：「執法者可以凌駕法律之上，為何不談談暴力執法？」﹔也有網民指出：「法律從來都不是維護正義的標準和原則，而是維護中共的統治的手段。」
北京憲政學者陳永苗：「周強的講話，它實際體現了司法只是黨的『刀把子』的一個精神，並不是法律，所以他殺不殺夏俊峰，它首先要照顧到官員，照顧到城管，然後它可以草菅人命，然後他甚至不在乎司法公正。」
北京維權律師唐吉田指出，周強僅僅通過小販和城管的身份來強調不殺夏俊峰就會天下大亂，這是非常荒謬的。
北京維權律師唐吉田：「那麼實際上真正造成天下大亂的，不是殺不殺一個夏俊峰，而是能不能公正的去辦理案件，特別是在死刑事情上，要破除官民兩套標準的這種陋習。」
去年9月25號，夏俊峰被執行死刑。消息傳出後，要求「刀下留人」的呼聲鋪天蓋地。
大陸民眾氣憤之下，聲聲質疑：前中共高官薄熙來的妻子谷開來故意殺人，為甚麼不殺，對底層卻趕盡殺絕？難道這是政治權貴們的特殊禮遇嗎？
網民「Jian Alan Huang」發推特分析，如果夏俊峰不死，從判決當天開始，城管就得成批的被砍死在街頭，這就是為甚麼夏俊峰必須死。
唐吉田：「夏俊峰這個案子通過辯護人披露的信息來看，他應該是具有防衛性質的一個案件，實際上在法院的判文書當中，它也沒有有效的回應辯護方的一些質疑，從程序上，特別最後死刑複核公開性也不夠。」
唐吉田指出，夏俊峰被執行死刑不合法，也不符合官方所謂的少殺、慎殺的政策，周強說不殺夏俊峰就會天下大亂，只是專制統治的需要。
唐吉田：「 似乎通過殺人就能夠實現社會安定，那他講這個話從另一方面也給這些恣意妄為的執法者，包括城管在內的去站臺，或者撐腰，意思是只要你們執行長官的命令，就會有人給你們撐腰，給你們消災等等。」
唐吉田認為，周強只是說出了中共官員的心裡話，中共的法院、檢察院官員在任選上，只是考慮是不是聽話，而不是考慮他們的職業倫理和專業素養，再加上這些人聽命於黨委，這種模式不改，還會出現比周強更荒唐的講話。
採訪編輯/李韻 後製/舒燦
Who Is More Dangerous: Urban Management Officials Or Street Vendor Xia Junfeng?
The fatal stabbing of urban management officials (chengguan)
by Xia Junfeng, a Shenyang street vendor, aroused
concern at home and abroad.
Xia was executed in 2013.
On March 12, Zhou Qiang, the President of the Supreme
People's Court, said of the Xia case, "This sort of person
is very dangerous if we don't kill them",
"They will cause chaos under the sun".
Analysts criticize that chengguan for placing themselves
above the law and wonder why Zhou didn't mention their violence.
Xia brutally killed chengguan, but civilians said it's good,
Xia wasn't a dangerous man.
Zhou Qiang deliberately supported
the thuggish chengguan.
On the afternoon of March 11, Zhou Qiang joined the Hunan
delegation panel discussion during the National Congress.
He mentioned Xia Junfeng's case.
Xia Junfeng ran a kebab stall
with his wife on the street.
On May 16, 2009, 10 chengguan came to the stall.
Sources say that the chengguan confiscated Xia's gas tank,
and threw kebabs on the ground.
Xia resisted, and was then beaten by these chengguan.
According to Xia's lawyer Teng Biao, Xia was dragged
into an office and was continuously beaten.
Xia then took a fruit knife out from his pocket
and stabbed three officials.
Later two of them died.
Teng Biao said that the court rejected
six witness testimonies.
These witnesses could clearly prove
that Xia's act was out of self-defense.
However, the court only accepted
the chengguan's testimony.
Zhou Qiang said: "This kind of person will be very dangerous
if we didn't kill him.
It's likes two people quarrelling at home,
and one kills the other.
If this is considered self-defense, society will
become chaotic."
Zhou's words aroused strong controversy.
Netizens questioned: Would Xia be dangerous if he
hadn't been executed?
Well, the danger is the officials' feeling.
Chengguan have killed so many innocent people,
but which official has been executed?
Aren't those officials really dangerous?
Isn't casually sentencing a person dangerous?
More netizens questioned: "The law enforcement officials
can put themselves above the law,
why doesn't Zhou talk about their violence?"
Some netizens pointed out: "The law has never maintained
the standard of justice and principle, but is a tool to maintain
the Chinese Communist Party's (CCP) rule."
Chen Yongmiao, a Beijing-based lawyer: "Zhou Qiang's
remark actually has manifested that
the current law is like a handle of a knife for the CCP,
it is not down to the law itself.
Whether to kill Xia Junfeng or not is not the issue,
they first need to take care of its officials, then
they can casually sentence Xia to death.
They don't care about the justice or not."
Beijing activist lawyer Tang Jitian points out
that Zhou Qiang just used a street vendor
and chengguan's identities to emphasize that without
killing Xia, the country would be chaotic.
This is nonsense.
Tang Jitian: "To cause chaos in the country isn't dependent
on Xia's death, but depends on whether they can deal with
the case in fairness or not.
Especially when they deal with a death sentence,
they must eradicate corrupt custom of using two standards
between the officials and the civilians."
On Sept. 25, 2013, Xia Junfeng was executed.
The news evoked a strong public outcry
throughout the county.
The outraged public questioned why when the former
high-ranking official Bo Xilai's wife, Gu Kailai murdered
a British businessman, wasn't she given a death sentence?
Why does the regime just kill the lower citizens?
Is this a special privilege for the political elites?
Netizen Jian Alan Huang tweeted that if Xia Junfeng
hadn't been executed, then a group of chengguan
would be killed on the street.
This is why they must kill Xia.
Tang Jitian: "From disclosed information by defenders
of Xia Junfeng, we noticed that the case
has a defensive nature, in the verdict, the court didn't
effectively respond to defenders' questions.
From a legal procedure point of view, especially the last
review of Xia's death sentence, the openness isn't enough."
Tang Jitian points out that Xia Junfeng has been
illegally executed, but that the sentence didn't even follow
the policy of insisting on killing a little and killing carefully
in applicable death penalty.
Zhou Qiang's claim that without killing Xia, the country
will be chaotic, is just for the needs of the dictatorship.
Tang Jitian: "It seems to achieve a stability of a society
they have to kill.
His words, from another point of view, are supporting
the thuggish officials including chengguan.
In other words, as long as one follows CCP officials' orders,
someone will certainly support one and clear one's trouble."
Tang Jitian suggests that Zhou Qiang spoke CCP officials'
words from his heart –in appointing officials in the court
or procuratorate it just needs to be observed whether one
listens to the CCP's order or not, but their professional ethics
and professionalism don't need to be considered.
In addition, these people are under the management
of the CCP, if this model doesn't change, there will be more
ridiculous words out of officials' mouths.
Interview & Edit/Li Yun Post-Production/Shu Can
