【新唐人2014年03月13日讯】沈阳小贩夏俊峰杀城管案，曾经引发海内外关注，夏俊峰去年已经被执行了死刑。周二，最高人民法院院长周强谈到夏俊峰案时说，“这种人不杀非常危险”，“会天下大乱”。有分析抨击，城管凌驾法律之上，为何不谈谈暴力执法？而夏俊峰杀城管，百姓称好，夏俊峰并不危险，反而是周强在给恣意妄为的执法者及城管站台、撑腰。
3月11号下午，周强在参加中共“两会”湖南代表团审议“两高”报告时，提到沈阳夏俊峰案。
夏俊峰是一名摊贩，案发前与妻子在沈阳摆摊卖烤肉。2009年5月16号，夏俊峰夫妻俩人遇到10多名城管。据了解：城管抢过夫妇俩的煤气罐，将串肉扔到地上，因夏俊峰反抗，城管开始殴打他。据夏俊峰律师滕彪描述，夏俊峰在城管办公室再次遭到殴打，他才从口袋里掏出一把水果刀，刺向三名城管，其中有两人被刺死。滕彪表示，法院拒绝采纳六名目击者的证词，这些人原本可以清楚的证明，夏俊峰的行动是出于自卫。到最后，法院采纳了城管的证词。
而周强说：这种人不杀就非常危险，像两个人关起门吵架，你把人杀掉了，如果这样也是正当防卫，这个社会就会天下大乱。
周强的话在网路上引发强烈反弹。有网民质问，夏俊峰不杀非常危险？那是对官员来说非常危险，但城管打死那么多人有哪个判死刑了？他们就不危险了吗？这样放纵性的判决就不危险了？
还有网民质问：“执法者可以凌驾法律之上，为何不谈谈暴力执法？”﹔也有网民指出：“法律从来都不是维护正义的标准和原则，而是维护中共的统治的手段。”
北京宪政学者陈永苗：“周强的讲话，它实际体现了司法只是党的‘刀把子’的一个精神，并不是法律，所以他杀不杀夏俊峰，它首先要照顾到官员，照顾到城管，然后它可以草菅人命，然后他甚至不在乎司法公正。”
北京维权律师唐吉田指出，周强仅仅通过小贩和城管的身份来强调不杀夏俊峰就会天下大乱，这是非常荒谬的。
北京维权律师唐吉田：“那么实际上真正造成天下大乱的，不是杀不杀一个夏俊峰，而是能不能公正的去办理案件，特别是在死刑事情上，要破除官民两套标准的这种陋习。”
去年9月25号，夏俊峰被执行死刑。消息传出后，要求“刀下留人”的呼声铺天盖地。
大陆民众气愤之下，声声质疑：前中共高官薄熙来的妻子谷开来故意杀人，为甚么不杀，对底层却赶尽杀绝？难道这是政治权贵们的特殊礼遇吗？
网民“Jian Alan Huang”发推特分析，如果夏俊峰不死，从判决当天开始，城管就得成批的被砍死在街头，这就是为甚么夏俊峰必须死。
唐吉田：“夏俊峰这个案子通过辩护人披露的信息来看，他应该是具有防卫性质的一个案件，实际上在法院的判文书当中，它也没有有效的回应辩护方的一些质疑，从程序上，特别最后死刑复核公开性也不够。”
唐吉田指出，夏俊峰被执行死刑不合法，也不符合官方所谓的少杀、慎杀的政策，周强说不杀夏俊峰就会天下大乱，只是专制统治的需要。
唐吉田：“ 似乎通过杀人就能够实现社会安定，那他讲这个话从另一方面也给这些恣意妄为的执法者，包括城管在内的去站台，或者撑腰，意思是只要你们执行长官的命令，就会有人给你们撑腰，给你们消灾等等。”
唐吉田认为，周强只是说出了中共官员的心里话，中共的法院、检察院官员在任选上，只是考虑是不是听话，而不是考虑他们的职业伦理和专业素养，再加上这些人听命于党委，这种模式不改，还会出现比周强更荒唐的讲话。
采访编辑/李韵 后制/舒灿
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号下午，周强在参加中共“两会”湖南代表团审议“两高”报告时，提到沈阳夏俊峰案。
夏俊峰是一名摊贩，案发前与妻子在沈阳摆摊卖烤肉。2009年5月16号，夏俊峰夫妻俩人遇到10多名城管。据了解：城管抢过夫妇俩的煤气罐，将串肉扔到地上，因夏俊峰反抗，城管开始殴打他。据夏俊峰律师滕彪描述，夏俊峰在城管办公室再次遭到殴打，他才从口袋里掏出一把水果刀，刺向三名城管，其中有两人被刺死。滕彪表示，法院拒绝采纳六名目击者的证词，这些人原本可以清楚的证明，夏俊峰的行动是出于自卫。到最后，法院采纳了城管的证词。
而周强说：这种人不杀就非常危险，像两个人关起门吵架，你把人杀掉了，如果这样也是正当防卫，这个社会就会天下大乱。
周强的话在网路上引发强烈反弹。有网民质问，夏俊峰不杀非常危险？那是对官员来说非常危险，但城管打死那么多人有哪个判死刑了？他们就不危险了吗？这样放纵性的判决就不危险了？
还有网民质问：“执法者可以凌驾法律之上，为何不谈谈暴力执法？”﹔也有网民指出：“法律从来都不是维护正义的标准和原则，而是维护中共的统治的手段。”
北京宪政学者陈永苗：“周强的讲话，它实际体现了司法只是党的‘刀把子’的一个精神，并不是法律，所以他杀不杀夏俊峰，它首先要照顾到官员，照顾到城管，然后它可以草菅人命，然后他甚至不在乎司法公正。”
北京维权律师唐吉田指出，周强仅仅通过小贩和城管的身份来强调不杀夏俊峰就会天下大乱，这是非常荒谬的。
北京维权律师唐吉田：“那么实际上真正造成天下大乱的，不是杀不杀一个夏俊峰，而是能不能公正的去办理案件，特别是在死刑事情上，要破除官民两套标准的这种陋习。”
去年9月25号，夏俊峰被执行死刑。消息传出后，要求“刀下留人”的呼声铺天盖地。
大陆民众气愤之下，声声质疑：前中共高官薄熙来的妻子谷开来故意杀人，为甚么不杀，对底层却赶尽杀绝？难道这是政治权贵们的特殊礼遇吗？
网民“Jian Alan Huang”发推特分析，如果夏俊峰不死，从判决当天开始，城管就得成批的被砍死在街头，这就是为甚么夏俊峰必须死。
唐吉田：“夏俊峰这个案子通过辩护人披露的信息来看，他应该是具有防卫性质的一个案件，实际上在法院的判文书当中，它也没有有效的回应辩护方的一些质疑，从程序上，特别最后死刑复核公开性也不够。”
唐吉田指出，夏俊峰被执行死刑不合法，也不符合官方所谓的少杀、慎杀的政策，周强说不杀夏俊峰就会天下大乱，只是专制统治的需要。
唐吉田：“ 似乎通过杀人就能够实现社会安定，那他讲这个话从另一方面也给这些恣意妄为的执法者，包括城管在内的去站台，或者撑腰，意思是只要你们执行长官的命令，就会有人给你们撑腰，给你们消灾等等。”
唐吉田认为，周强只是说出了中共官员的心里话，中共的法院、检察院官员在任选上，只是考虑是不是听话，而不是考虑他们的职业伦理和专业素养，再加上这些人听命于党委，这种模式不改，还会出现比周强更荒唐的讲话。
采访编辑/李韵 后制/舒灿
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
