Five kinds of minor criminal cases in Shanxi Province can be reconciled.

    On September 1st, the Provisions of Taiyuan People’s Procuratorate on the Application of Criminal Reconciliation in Handling Minor Criminal Cases (Trial) came into effect.


    Set the original intention, resolve social contradictions and save judicial resources


    Zhang, a middle school student in Xinghualing District, Taiyuan City, stabbed a person seriously in 2006. After accepting the case, the Xinghualing District People’s Procuratorate visited the victim and his relatives, and went to Zhang’s school to make a detailed study of his daily life. The procuratorate learned that Zhang is usually very dutiful, and although his academic performance is not very good, he has been rising steadily. Li, who was three years older than him before the incident, was bullied many times. After the parents learned about it, they took Zhang to the Li family to discuss the argument. However, Li was abusive to Zhang’s parents. Zhang was angry for a while and smashed Li into a serious injury. The two parties reached an agreement on civil compensation, and the Xinghualing District People’s Procuratorate finally made a decision not to prosecute.


    This case has become a typical case encountered by Taiyuan People’s Procuratorate in the exploration of criminal reconciliation system.


    "Such a child, just a moment of anger made an excessive move, subjective malignancy is very small. If he is sent to prison, his future life may be completely changed, and some teenagers will be’ infected’ again after being imprisoned, and they will completely embark on a wrong path. " Nan Li Ming Dow, Director of Public Prosecution Division I of Taiyuan Procuratorate, explained the original intention of the criminal reconciliation system.


    The "Regulations" determine that in the process of minor criminal cases, the criminal suspect can actively gain the understanding of the victim by pleading guilty, apologizing, financial compensation, etc., and reach a criminal settlement agreement with the victim. After confirmation by the procuratorial organ, the procuratorial organ will make a decision not to prosecute the criminal suspect.


    According to reports, in reality, if criminal sanctions are imposed on a large number of cases, under the existing judicial mechanism, both the offender and the victim are in a situation of mutual loss for a long time. For example, neighbors’ relationship, because one side’s head is broken and one side’s nose is interrupted at a moment’s quarrel, constitutes a minor injury. After the implementation of criminal sanctions, neighbors may die of old age, but it will increase social contradictions.


    "Frankly speaking, prosecuting all these cases will not only have a bad social effect, but also waste judicial resources. Regardless of whether the case is big or small and involves prosecution, all procedures are actually exactly the same. The whole procedure has to be taken once. " A prosecutor said.


    It is reported that from 2005 to 2006, Taiyuan City prosecuted 5,806 criminal cases with 9,223 people, among which 1,912 cases with 2,622 people were sentenced to fixed-term imprisonment of less than three years, accounting for 28% of the total number. There is considerable room for criminal reconciliation.


    Experts analyze the theoretical basis of criminal reconciliation


    According to Li Qi, an associate professor of Shanxi University Law School, criminal reconciliation has its profound theoretical basis.


    First of all, criminal reconciliation is the requirement of implementing the criminal policy of combining leniency with severity. There are various criminal cases, and the circumstances of the crime are light and heavy, which requires different resolution mechanisms for cases of different nature, so as to make the strictness strict and the leniency lenient. For those minor cases, the application of criminal reconciliation instead of blindly emphasizing the investigation of criminal responsibility can not only eliminate the opposing feelings of both parties, protect the rights and interests of the victims, urge the perpetrators to confess their sins and mend their ways, turn negative factors into positive ones, but also save judicial resources.


    Secondly, criminal reconciliation embodies the characteristics of China traditional culture. In the traditional culture of China, there is a spirit of "harmony is the most important". Reconciliation based on distinguishing right from wrong and consultation between the two sides is conducive to social stability.


    Thirdly, criminal reconciliation adapts to the trend of restorative justice in the international community. The focus of restorative justice is not the pursuit of punishment for crimes, but the pursuit of order reconstruction and social harmony. Procedurally, restorative justice also pays more attention to consultation and reconciliation. From the practical point of view, restorative justice has become a rising judicial reform movement in the international scope, and has also achieved remarkable results in preventing crimes, reducing judicial investment and safeguarding the interests of victims.


    Finally, criminal reconciliation is in line with the spirit of China’s current laws. China’s criminal law, criminal procedure law, etc., have some provisions on non-penalty punishment methods, mediation and reconciliation for minor cases. However, due to the lack of detailed legal provisions, the scope of application of these provisions and procedures has been greatly limited, and the positive functions have not been fully exerted. Therefore, it is very necessary to improve and refine the operating procedures.


    Scope of application Five kinds of minor criminal cases


    According to the "Provisions on the Application of Criminal Reconciliation in Handling Minor Criminal Cases (Trial)" promulgated by Taiyuan Municipal People’s Procuratorate, criminal reconciliation is applicable to minor criminal cases that meet one of the following circumstances: (1) The criminal suspect has a statutory lighter, mitigated or exempted punishment; (2) The criminal suspect is a negligent offender, a first-time offender or an occasional offender; (3) The criminal suspect is a minor, an elderly person or a student at school; (4) The victim is obviously at fault; (five) the case is caused by disputes between relatives and friends, neighbors, colleagues or classmates.


    In practice, criminal reconciliation can easily cause people’s worries about "buying punishment with money". In this regard, the head of the criminal reconciliation research group explained that although criminal reconciliation pays attention to protecting the interests of victims, criminal suspects, the state and society also benefit from it. Through criminal reconciliation, victims can be prevented from retaliating against criminal suspects and criminal suspects can be prevented from endangering society again, which not only embodies the protection of human rights, but also plays a positive role in controlling the occurrence of social crimes. Therefore, criminal reconciliation is a judicial idea and model to prevent crime from the victim’s point of view, which embodies humanistic care and social civilization and progress, and should not be misunderstood as "buying punishment with money".


    In addition, in criminal reconciliation, the "power" of procuratorial organs is remarkable. In this regard, the person in charge of the research group introduced that the procuratorial organ is a legal supervision organ. If the criminal suspect and the victim reach a settlement, they shall apply to the procuratorial organ for confirmation. The procuratorial organ is not the host of criminal reconciliation, but the supervisor of criminal reconciliation. In practice, we should try to avoid the interference of "public power" on the will of both parties.


    Procuratorial organs also have corresponding supervision and restriction mechanisms in the application of criminal reconciliation. If the grass-roots procuratorial organ intends to make a decision not to prosecute by applying criminal reconciliation to minor criminal cases, it shall be discussed and decided by the procuratorial Committee and reported to the Taiyuan Municipal People’s Procuratorate for approval; After accepting the request from the grass-roots procuratorial organs, the Taiyuan Municipal People’s Procuratorate shall report it to the procurator-general for decision or the procurator-general shall submit it to the procuratorial committee for discussion and decision.


    Link:


    ● What are the conditions for the procuratorial organ to confirm that the parties have settled?


    If the settlement agreement meets the following conditions at the same time, the procuratorial organ shall confirm that the criminal suspect and the victim have reconciled: (1) The criminal suspect pleads guilty and repents, apologizes to the victim, and makes corresponding commitments in writing; (2) The criminal suspect and the victim have reached a consensus on civil compensation matters, which have been fully fulfilled; (3) The victim expresses forgiveness for the criminal suspect.


    ● What happens when the procuratorate does not confirm that the parties have settled?


    If the settlement agreement has one of the following circumstances, the procuratorial organ shall not confirm it: (1) it infringes on the national interests, social public interests and the legitimate interests of other citizens; (two) against the true meaning of the parties; (3) Violating the prohibitive provisions of laws and administrative regulations.


    ● What corresponding supporting measures does the procuratorial organ have after criminal reconciliation and non-prosecution?


    Within one year after the implementation of the decision not to prosecute, the person who is not prosecuted shall regularly report to the procuratorial organ in writing his compliance with laws and regulations and his commitment. The procuratorial organ shall pay a return visit to the person who is not prosecuted and the victim. (Reporter Yuan Wei)


Editor: Wang Yuxi

Shenzhen female college students were run over and killed by BMW, and the perpetrators were sentenced to no responsibility (Figure)

  


  Ji Huanling, who graduated from college last year, left various certificates and graduation commemorative photos. Our trainee reporter Huo Jianbin photo


  China News Network reported on March 18,At about 0: 55 am on November 12, 2007, Ji Huanling, a 23-year-old fresh graduate of Shenzhen University, fell from Caiwuwei footbridge to Shennan East Road for unknown reasons, and was dragged out about 20 meters away by a passing BMW car. When the 120 ambulance arrived, she was already dead. According to witnesses at that time, the BMW slowed down slightly after running over people, but then accelerated to leave the scene. After verification, the vehicle involved was a BMW 740 with the license plate number of Guangdong D/A9925, and the traffic police department immediately went to Shantou to bring the BMW driver Weng back to Shenzhen for investigation. On March 7 this year, the traffic police bureau decided that the driver of the BMW was not responsible.


  Family members: BMW drivers are not responsible? shock


  Ms. Deng, Ji Huanling’s mother, said that due to her early divorce from her husband, her friends had been helping her in the days after the accident. However, on March 7, the traffic accident certificate clearly stated: Weng (BMW driver) does not bear the responsibility for this accident. "My mind was blank and I stayed for a few minutes." Ms. Deng said that although she has been eating fast and believing in Buddhism, she is almost indifferent to the world, but now the result of such identification makes her unable to explain to her daughter anyway. Mr. Fu, who handled the matter on behalf of Ms. Deng, said that this result was beyond anyone’s imagination.


  Autopsy: The deceased was crushed to death after falling from a height.


  As witnesses witnessed the incident, more than 10 cameras were arranged on the east and west sides of the Caiwuwei footbridge. Therefore, family members have always believed that there should be no difficulty in obtaining evidence.


  After the autopsy of Ji Huanling after the accident, Shenzhen Physical Evidence Inspection and Appraisal Center determined that Ji Huanling died of acute respiratory failure after "severe head injury caused by falling during her lifetime, and then being acted by vehicles (such as vehicles) (such as dragging and rolling).


  After the police intervened in the investigation at the first time, they ruled out the possibility of Ji Huanling’s homicide.


  Traffic police: It was an accident, and no one was responsible.


  According to relevant regulations, on the third day after receiving the confirmation, Ms. Deng submitted an application for review to the Traffic Police Bureau. In the application, Ms. Deng analyzed that the street lights of Shennan Avenue were bright and the vision was wide. The driver Weng should notice that Ji Huanling was lying on the road ahead. Moreover, according to their investigation, the configuration of the same BMW car has a GPS navigation system, which will give an automatic alarm when the car is at a certain distance from the object in front. And in the police identification document, it is stated that the black film of the car is "16 cm long and 10 cm high". At least it shows that the car was not very slight when it ran over the deceased.


  The relevant staff of the Luohu District Traffic Police Brigade said that they would handle this matter in accordance with relevant procedures. The traffic accident certificate issued by the Traffic Police Bureau is based on Item (3) of Article 45 of the Regulations on Handling Procedures of Traffic Accidents: "None of the parties is at fault for causing a traffic accident, and none of them is responsible for it." Our reporter Yang Tao


  ■ Lawyer’s statement


  The victim’s family can claim compensation from the owner of the accident.


  Lawyer Xu Tianping of Guangdong Guoyang Law Firm believes that according to Article 45 of the Procedures for Handling Traffic Accidents, the Traffic Police Bureau has determined that it is a traffic accident, and all parties are not responsible. "None of the parties is responsible" here refers to the accident liability of all parties, not the civil liability for compensation. According to the relevant provisions in Article 76 of the Road Traffic Safety Law, when a motor vehicle has an accident in road traffic and causes damage to others, "the motor vehicle side shall bear the responsibility", and "the motor vehicle side shall be relieved of the responsibility" when it is proved that pedestrians have "violated the road traffic safety laws and regulations" and "the motor vehicle driver has taken necessary measures". Therefore, the victim in the accident has the right to bring a lawsuit to the people’s court, demanding that the insurance company and the motor vehicle party bear the corresponding civil liability for compensation. Source: Southern Metropolis Daily

Editor: Li Dan

Revealing the fastest supercomputer in the world: it takes 32 years for the earth to turn on the phone for one minute.

  Xinhua News Agency, Nanjing, June 20th: One minute on the phone counts as 32 years — — Revealing the World’s Fastest Supercomputer "Shenwei Light of Taihu Lake"

  Xinhua News Agency reporters Jiang Fang and Cai Yugao

  On June 20th, the International Supercomputing Conference (ISC) in Frankfurt, Germany announced the new TOP500 list of global supercomputers. The "Shenwei Taihu Light" developed by the National Center for Parallel Computer Engineering and Technology won the first place with nearly three times the operation speed. What’s more exciting is that the system has realized the localization of all core components including the processor.

  How fast is the computing speed of the new overlord of supercomputers? What does full localization mean? Has China Supercomputing reached the top of the world? Xinhua News Agency reporter walked into the Wuxi Center of National Supercomputing, which is responsible for the operation and maintenance of the system, and unveiled the mystery of "Shenwei Taihu Light" for you.

  What’s the feeling of the fastest computing in the world? One minute of operation is equivalent to 32 years on earth.

  The peak performance of the system is 125.436PFlops, ranking first in the world;

  The continuous performance is 93.015PFlops, ranking first in the world;

  The performance-to-power ratio is 6051 mflops/w, which is still the first in the world.

  The news from the International Supercomputing Conference is confusing just by looking at the data.

  "Simply put, the one-minute computing power of this system is equivalent to 7.2 billion people around the world using calculators to calculate continuously for 32 years; If mainstream laptops or personal desktops produced in 2016 are used as a reference, ‘ Light of Taihu Lake ’ It is equivalent to more than 2 million ordinary computers. " Yang Guangwen, director of Wuxi National Supercomputing Center, introduced.

  Walking into the National Supercomputing Wuxi Center, in a room of 1,000 square meters, the reporter saw the "real body" of "Shenwei Taihu Light":

  It consists of 40 computing cabinets and 8 network cabinets. Each computing cabinet is slightly larger than a household two-door refrigerator. When the cabinet door is opened, four super nodes consisting of 32 computing plug-ins are distributed in it. Each plug-in consists of four operation node boards, and one operation node board contains two "Shenwei 26010" high-performance processors. One cabinet has 1024 processors, and the whole "Shenwei Taihu Light" has 40,960 processors.

  "Each processor is equivalent to the computing power of more than 20 commonly used laptops, and more than 40,000 pieces are assembled together, and the speed can be imagined." Yang Guangwen said.

  Global supercomputing, only fast and unbreakable. The significance of working on supercomputing research is not only "speed war", but more importantly, winning "application war".

  Fu Haohuan, deputy director of the National Supercomputing Wuxi Center, introduced that relying on the "Shenwei Light of Taihu Lake", the research team with the theme of Tsinghua University realized the numerical simulation of the global 10-kilometer high-resolution earth system for the first time, which will comprehensively improve China’s ability to cope with extreme climate and natural disasters; The numerical simulation results of the return path of "Tiangong-1" by the National Computational Fluid Dynamics Laboratory are exciting and will provide accurate predictions for the smooth return of "Tiangong-1". The drug screening and disease mechanism research carried out by Shanghai Institute of Drugs completed the routine calculation in just two weeks, which greatly accelerated the progress of drug design in leukemia, cancer and avian influenza … …

  From "glass room" to "restricted sale" of 25 square centimeters, completely breaking the 30-year technical blockade.

  Thirty years ago, supercomputer users in China had a mysterious "glass room": Americans sold a supercomputer to China, wrapped it in opaque glass, and technicians from China were not allowed to enter without authorization.

  Professor Wang Lanning from the Institute of Global Change and Earth System Science of Beijing Normal University still remembers this "technology enclave" in China. "Only a few authorized scientists in the country can enter the glass room, and it is under the supervision of Americans. Once the program runs, the machine is locked back to the glass room immediately. The so-called supercomputing speed seems to be a high-performance computer at best today, but it was an unattainable peak for China at that time. "

  In the 1980s, China has gradually entered the ranks of countries that independently design and manufacture supercomputers, but the shortcomings of key components and technologies such as core processors can only be controlled by others, which directly leads to the fact that although China is a "big buyer" of foreign supercomputers, it cannot have the matching "bargaining power".

  Stepping into the "Twelfth Five-Year Plan", with the key support of the National 863 Project, China’s supercomputing development has continuously made breakthroughs. "Tianhe II" won "six consecutive championships", while the list of top 500 supercomputers in the world is getting longer and longer, which has aroused the vigilance of the United States. In April, 2015, the US government announced that four China organizations related to supercomputers were included in the restricted export list, with the purpose of locking up the rapid development of supercomputers in China through restricted sales.

  It is the incentive brought by this blockade that has enabled China to make great efforts to develop fully localized "Shenwei" series supercomputers until it reached the top of the international list.

  As a result, the thin block "Shenwei 26010", which is only 5 cm square, has not only become the heart of "Shenwei Taihu Light", but also become a sharp weapon for China’s independent research and development to break the 30-year technical blockade. Between the square inches of 25 square centimeters, 260 computing cores and billions of transistors are integrated, reaching more than 3 trillion calculations per second. The computing power of a single chip is equivalent to three supercomputers ranked first in the world in 2000.

  Yang Guangwen said that there has always been a controversy about whether we should independently develop the core processor. Some people say that if we haven’t done it for so many years, we should simply stop doing it and "adopt" one. There are also voices that the high-speed rail model of introduction, absorption and re-innovation is very good. Why do we have to close the door and engage in independent ecology? "If we don’t adhere to the completely independent ecology, we can’t do it for more than ten years, and then we can’t do it for more than ten years. It is impossible to have the great power of core indicators going hand in hand today." Liang Jun, deputy director of the National Parallel Computer Engineering Technology Research Center, said.

  From the "six consecutive championships" to the first billion China supercomputing, there is still a gap from the top of the world

  Supercomputers, known as "the sharp weapon of the country", are the embodiment of the comprehensive strength of the country’s science and technology. From high-end materials, to life sciences and biotechnology, to deep-sea exploration and space technology, it is inseparable from the support of supercomputing. As soon as the good news came out, some people thought that China Supercomputer had "firmly" stood at the top of the world from now on. Is that really the case?

  Yang Guangwen said that it is undeniable that the success of "Shenwei Light of Taihu Lake" indicates that China’s supercomputer research and development capability has already reached the world’s leading level, but there is still a clear gap between China and developed countries in terms of technical reserves and system stability.

  The battle for speed is the most direct confrontation in the field of supercomputing. Compared with the glory of "Tianhe No.2" and "six consecutive championships", it is extremely difficult for Shenwei Taihu Light to occupy the first place in the world for a long time. In July last year, the United States launched the "National Strategic Computing Plan" with the goal of building the fastest computer in the world by 2025.

  "In the next five to ten years, from one billion times per second to one billion times per second is the decisive place for supercomputer development." Relevant researchers from the National Center for Parallel Computing said that although supercomputing countries are deploying, there are many key technical links that need to be solved. Taking energy consumption as an example, the annual electricity consumption of Shenwei Taihu Light reaches 15 MW, which is equivalent to the electricity consumption of three Tsinghua University. Even if billions of times can be achieved with the existing technology, the energy consumption will be very amazing.

  More importantly, no matter how fast the speed is, the development of supercomputing is always for "application", and this is still the shortcoming of the current development of supercomputing in China.

  Zhang Jian, a researcher at the Computer Network Information Center of the Chinese Academy of Sciences, said that China’s ability to solve problems with supercomputing systems has been insufficient for a long time, and related commercial application software is still monopolized by foreign countries, and it needs to be further improved in software development, application development and personnel training. Only by transforming the advantage of "making good" into the advantage of "making good use" can we truly promote industrial innovation and upgrading.

Bo Huang: I just want the Monkey King to become an old man. His salary is less than 8 million.


[Movie Network] Exclusive Interview with Bo Huang   Click to watch the interview video.

[Click to view the high-definition interview atlas]

 

    Movie network news(Video/He Pantu/Yang Nan/Li Chao) A Chinese OdysseyStephen Chow made the Monkey King a classic in the hearts of countless people. After many years, Stephen Chow once again challenged the traditional story of The Journey to the West, only this time, Master Xing retired behind the scenes and became a director, while the person who played the Monkey King became Bo Huang. Recently, Bo Huang accepted an exclusive interview with [Movie Network]. He said that in order not to be compared with his previous work, he deliberately turned the Monkey King into an old man. The Monkey King is not beautiful, will the audience still buy it? Let’s see what Bo Huang, whom Stephen Chow called the comedy Wang Zhongwang, said.

Personally, I don’t have any style. It’s fun to cooperate with Xingye.

    Stephen Chow and Bo Huang, two great comedians in the south and the north, will join forces with each other this time. What kind of chemical reaction can they have? Is it a perfect match, or is it the opposite? Bo Huang said that it is an actor’s duty to obey the director’s style; Working with Stephen Chow is a very happy thing in itself.

    [Movie Network]: Do you think your comedy style matches that of Stephen Chow when you play the Monkey King in the film directed by Stephen Chow?

    Bo Huang: This is the director’s problem. Personally, I don’t have any style. Actors are a part of film creation. It is also your job to serve the film better and integrate yourself into the overall temperament of the film. This visit is also an opportunity to learn. I used to like Stephen Chow’s works very much.

    [Movie Network]: Do you think Stephen Chow’s style has changed?

    Bo Huang: The director has his own creative characteristics, and he has a deep brand in the hearts of the audience. His previous comedy style and his comedy status have been well accepted by the audience. That’s what the audience likes. This is his personal characteristic, which is quite important. Let’s play more on the original basis this time.


"Journey to the West" stills

    [Movie Network]: Was Stephen Chow serious when he directed the movie on the set?

    Bo Huang: I don’t think so this time. Because making a comedy must be a very happy state to come up with those ideas. It’s still strange that you are unhappy here. Often, before chatting and shooting, I laughed and fell to the ground first.

    [Movie Network]: For example?

    [Movie Network]: A lot, he will make a lot of extreme demands. For example, you are already embarrassed and should be able to go, but he will think, if you don’t go at this time, what will be more embarrassing? He will be embarrassed to the extreme.

Next page:The Monkey King is actually an old man. It’s her regret that Shu Qi won’t play emotional drama with me.

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