“许霆案”罪与刑的思辨

On Crime and Penalty of Xu Ting's Case

《南方周末》与中国影响性诉讼研究中心将"许霆案"评为"2007年度十大影响性诉讼"。"许霆案"的一审到重审,引起了众多学者、律师以及网友的广泛专注和热烈讨论,各种观点层出不穷,见仁见智。对"许霆案"的罪与非罪、此罪与彼罪、刑罚裁量等方面进行思辨,期与大家共榷。

Xu Ting＇s case, one of the most influential ten lawsuits in 2007 recommended by Southern Weekly and Lawsuit Research Center of China,from the first instance to retrial, has caused intense concern and aroused heated discussion of a great many of scholars, lawyers and citizens, who has posed various views and opinions. The writer intends to give simple analysis as of whether Xu Ting is guilty of a crime,or one crime or the other,how a proper sentence of penalty should be given to him and what lessons we could get from the ease. The writer hopes to share and exchange these views with the persons concerned.