刘涌案件的刑法适用问题与思考

刘涌案件经过三审,先后作出了由死刑到死缓又到死刑的三次判决。作为组织、领导黑社会性质组织的首要分子,刘涌应该按照其组织、领导黑社会性质所犯的全部罪行处罚,因而二审法院将死刑改为死缓是不妥当的。涉及刘涌案件的公众民愤(民意)问题、知情权问题、死刑观问题等,都是值得人们深思的重要现实问题。

The Application of Criminal Law and Thought on Liu Yong's Case

The case of Liu Yong has been judged for three times and the sentence has been changed from death penalty to death with reprieve and to death penalty again. As the ringleader who organized and directed the organization with the nature of gangland, Liu Yong should be punished according to all crimes committed by the organization. Therefore, the second judgment, which changed the sentence from death penalty to death with reprieve, is not right. Anyway, we should deeply think about those important practical problems, such as popular indignation (public opinion), informed right of the public and the concept of death penalty, etc.