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2011年,李昌奎案轰动全国,整个过程都备受学界,媒体和广大网民的关注。案件一审判处死刑,二审因自首改判死刑缓期两年执行,舆论界一片哗然,认为李昌奎不死,民愤难平。最后云南省高院在社会舆论的压力下,在没有任何法定再审理由的情况下做出再审决定,判处李昌奎死刑立即执行。社会舆论对整个案件起到了不可忽视的推动作用,法院首先违法再审,然后否定自己二审中自首情节的认定。不仅违背了程序法,而且动摇了司法正义的权威,到底是社会舆论左右了司法正义,还是司法审判对社会舆论的迁就?
In 2011, Li Changkui case sensation nationwide, the whole process are much academic, media and Internet users attention. The first instance of the case was sentenced to death and the second instance was rescued for two years with a two-year suspension of capital punishment. The public opinion was in an uproar, believing that Li Changkui was immortal and that people’s anger was hard on the ground. Finally, under the pressure of public opinion, the High Court of Yunnan Province made a retrial decision without any statutory retrial grounds and sentenced Li Changkui to death execution immediately. Public opinion played an important role in promoting the entire case. The court first tried the case illegally and then denied the case of surrendering itself in the second instance. Not only violated the procedural law, but also shaken the authority of judicial justice. In the end is the social public opinion about the judicial justice, or judicial trial on social media?