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Old 08-18-2011, 05:06 AM   #1
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Default 西安大学生刺死被撞者案开庭 法庭自述害怕索赔

  3月23日,西安大学生药家鑫撞人后刺死伤者案,在西安市中级人民法院开庭审理,庭审结束时法官宣布将 择日宣判,传奇私服。西北政法大学和西安音乐学院等400余名大学生旁听了庭审。民事诉讼起诉书中,受害人家属索赔53万余元 。
视频:实拍大学生撞人刺死伤者案庭审现场 来源:CCTV新闻频道
  ■庭审现场

  检方以故意杀人罪起诉

  3月23日9时45分,备受关注的西安大学生药家鑫撞人后刺死伤者案在西安市中级人民法院开庭审理,庭 审持续了3个多小时,庭审结束时法官宣布经合议庭合议后将择日宣判。西北政法大学和西安音乐学院等400余 名大学生旁听了庭审。

  西安市人民检察院指控,2010年10月20日23时许,药家鑫驾驶小轿车从西安外国语大学长安校区返 回西安,当行驶至西北政法大学长安校区西围墙外时,撞上前方同向驾驶电动车的张妙,传奇私服。药家鑫下车查看,发现张妙倒地呻吟,因怕张妙看到其车牌号,以后找麻烦,便产生杀人灭口的恶念,于是从随 身背包中取出一把尖刀,上前对张妙连捅数刀,致张妙当场死亡。杀人后,药家鑫驾车逃离现场,车行至翰林路郭 南村口时再次将两行人撞伤。后交警大队郭杜中队将肇事车辆暂扣待处理。10月23日,药家鑫在其父母陪同下 到公安机关投案。经法医鉴定,死者张妙系胸部锐器刺创致主动脉、上腔静脉破裂大出血而死亡。

  西安市检察院认为,药家鑫因开车肇事撞人,又持刀故意非法剥夺他人生命,情节恶劣,后果严重,按《刑法 》有关条款,应以故意杀人罪追究其刑事责任。

  法医证实药家鑫捅6刀

  公诉人当庭出示的法医鉴定首次证实,药家鑫共捅了张妙6刀,而非之前所传的8刀,“受害人颌面部、腰背 部、臀部有大面积条状擦挫伤,右肩锁关节脱位,左股骨闭合性骨折,这些伤为交通事故所致。此外,其身体还有 8处伤口。其中6处为锐器戳刺形成,主要分布在左胸前、左上腹、右腋下、胸背部等处;另有两处为锐器割划形 成,为抵抗伤,系受害人在抵抗时形成。”

  药家鑫当庭递悔过书


  法庭上,药家鑫两次放弃自我辩护机会,委托律师替自己辩护。在最后陈述阶段,药家鑫失声痛哭:“我对自 己的恶劣行为非常后悔,我深深地伤害了两个家庭,我对不起受害者,传奇私服,对不起受害人家属,我愿意给你们当牛做马,并和我的家人尽一切努力,让死者的家人过得好一些,以此来争取 一次机会……”

  结束最后陈述,药家鑫当庭递交了悔过书。之后,他被四名法警带离法庭,回了看守所。

  500份问卷做量刑参考


  “庭审前向旁听公民征求量刑意见,以前中院也做过,这次是中院发放调查问卷数量最多的一次。”西安市中 院一位法官称,鉴于药家鑫案影响重大,受到舆论积极关注,法庭希望通过这种形式,听取不同意见 。

  西安中院通过听取旁听公民对案件审理程序、量刑的意见,可以使合议庭在听取控辩双方意见的基础上,参考 调查问卷结果,确保最终的判决更加公平公正。

  据介绍,目前法院通过问卷征求旁听公民意见,一般在刑事案件中采用。

  ■法庭自述

  害怕索赔连捅张妙

  坐在被告席上的药家鑫同样十分痛苦,他低头盯着地面,双手耷拉在膝盖上。“我对不起张妙,对不起她的家 人,也对不起我的父母。”接受讯问时,这名21岁的大学生连用三个“对不起”,急切地表达悔恨 。

  当庭,药家鑫首次对案发时的细节一一做出公开陈述。他说,当日他开车行至事发地时,正在给车里的音响换 碟,不清楚车是否在走直线,突然听见“嗵”的一声,感觉出事了便下车查看。结果发现车后有一个女的侧躺在地 上,发出呻吟声。“天太黑,我不清楚她伤的程度,心里特别害怕、恐慌,害怕她以后无休止地来找我看病、索赔 。”于是,两三秒后,“一念之差”下,药家鑫从随身带的包里取出一把单刃刀,向张妙连捅数刀,然后驾车逃跑 。

  开出一段路后,因为“心里发慌,手打颤、脚也不听使唤”,药家鑫又撞上两名行人。这次,他没能跑掉,被 赶来的村民堵住了。之后,肇事车辆被交警大队暂扣,药家鑫和父母赶往医院处理后来的两名伤者治疗事宜。在经 历了警方的两次询问后,2010年10月23日,药家鑫向父母说出实情,并向警方投案。

  ■庭审焦点

  药家鑫是否能轻判

  >>辩护律师

  望给被告留条生路

  药家鑫的辩护律师路刚提出了四点辩护意见:2010年10月23日,药家鑫在其父母的陪同下,主动到公 安机关投案。此举符合自首要件。同时,投案后,药家鑫一直如实供述自己的罪行。此外,本案中,药家鑫的行为 不是一起有计划、有预谋的犯罪,纯属一起偶然突发事件,被告人属偶犯。第三,药家鑫因长期重负,在交通事故 发生后,心理显然受刺激,属临时起意。

  与此同时,路刚向法庭提出了三项证据,其一是媒体刊发的药家鑫及其父母的道歉信,以及药家鑫母亲向受害 者家属下跪道歉;其二是药家鑫从小到大的十三份奖状,证明药家鑫是个优秀的学生;其三,药家鑫的同学、邻居 等人,亲笔写了四份请愿书,请求法院能给药家鑫一次改过自新的机会。综上所述,路刚表示,希望法院和受害者 家属,能够给药家鑫留一条生路。

  >>公诉人

  虽自首不足从轻判

  对于路刚提出的,药家鑫的行为构成自首情节,公诉人表示,基本符合。但是公诉人同时表示,药家鑫的行为 残忍,影响恶劣,依法不应放宽对其量刑,建议合议庭予以严惩。

  公诉人认为:“药家鑫具有完全刑事责任能力,他自幼学习音乐,本应演绎高尚的素养和善良的灵魂,但在药 家鑫身上,我们只看到极端的自私和狭隘。”

  ■检察官评案

  本案原可止于张妙倒地之时

  昨日法庭上,西安检察院检察官对药家鑫案还进行了审理之外的评议。

  检察官说:“今天的药家鑫站在法庭上接受审判,固然是法律的胜利,但同样也是法律的无奈。本案原本可以 止于法律之外,可以止步于张妙倒地呻吟之时,甚至可以止步于撞人后药家鑫惊慌逃逸之后。但正是因为缺乏对生 命的尊重,丧失对法律的敬畏,让一起轻微的交通事故瞬间演变成血腥暴力的悲剧。”

  “药家鑫案虽然只是个案,但我们却不能忽视现阶段大学生群体所暴露出来的问题。学校、家庭的关注和教育 ,不能仍停留在物质供给的阶段,而应当走进他们的心灵,倾听他们的诉求,提供更多健康的心理能量。大学生自 己,所要获取的也绝不仅是书本的内容和单一的技能,而应当学会充盈精神世界,学会处理纷繁复杂的社会生活, 以冷静稳妥的方式来解决问题;而社会更要充当一个积极引导者的角色,让他们在更为和谐优质的公共秩序中生活 ,传奇私服。”

  ■成长经历

  称曾被关地下室很多次想过自杀

  昨日上午,在法庭上,药家鑫表示,从四岁开始到中学阶段,因为弹琴和学习的问题,他经常遭受父母的殴打 ,有时还拿着皮带抽打。更有甚者,父亲好几次将他关在地下室不让上楼,直到他做完作业才被放出 来。

  “我很多次都想过自杀,因为除了无休止练琴外,我看不到任何人生希望。”昨日上午,药家鑫 说,传奇私服

  上大学后,看到学长们找不到工作、面临生存压力,而感觉非常害怕,心情特别抑郁。药家鑫说:“我和我的 家人愿意尽一切可能补偿给受害人带来的伤害,愿意赔偿他们的损失,希望政府能给我一次悔过的机 会。”


  据新华社《华商报》《西安晚报》《三秦都市报》
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Old 08-18-2011, 05:08 AM   #2
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Reprinted from 949742202 at 15:15 on May 7th, 2010 Read (loading. ..) Comments (0) Category: Personal Diary
bamboo wind
my dear children, in such a light rain was falling outside the night, almost all of them into the dream of the night, I was incandescent Write these words under light. My heart is full of confidence but a bit uneasy. Because we have only thirty days, thirty days really change a person's fate? My answer is: can! And my apprehension comes from your attitude. There is a saying that God could not save did not save themselves. There is a saying that goes, God helps those who help themselves. If you insist that can not, it is not. If you believe me, believe in yourself, believe that thirty days would be a miracle, it must be! Can and can not be all on your own.
, of course, the so-called change, the so-called miracle, not to say that thirty days you can rise to 600 from 300 points. Because it is not possible. But we grasp this last thirty days, but can rise to 350 points from 300 points, rose to 450 from 400 points, rose to 550 from 500. Thirty days of the last round, in exchange for entrance to enhance the total score of 50 points, are you willing?
Here we talk about how to achieve this goal.
then let us solve the second point. Many people are worried that a month be enough? Many people in this or subconsciously worried about the next month that will not have any change. Disposal of such a psychological, or to anxiety, or is completely abandoned. Anxiety, panic or give up completely, this month not only will not have any positive change, and there will be a serious negative impact. Anxiety, panic will make you physically and mentally fatigued, and completely give up makes you dull, numb. Therefore, we must first of the last month have a correct understanding.
First, to clear the importance of the last month. As the old saying: OK Barry is only half of ninety. High school three years, we have adhered to thirty three months, leaving this last month. If we in this last month out of the question, it will come to naught. If our three-year high school career as a marathon than if we really to the final sprint stage. What is a sprint? Is beyond my understanding. Than others, beyond their own. We see a real track, whether long-distance running, or in a sprint to the last moment there is a push. In the sprint is to accelerate the performance of the most obvious and beyond. The original may become the first fifth, the first may become the tenth. Not end anything is possible, everything is in variable into. So in the final sprint to see who can hold on to see who raised the speed faster. The so-called, the last laugh is the real winner. So, my children, and now can not give up. From the entrance there is a month, this month is the fate of your attention, is that God give you the opportunity!
Second, let's analyze how long this month in the end. Let us not simply to repeat in the heart of the infinite, Seems like the end of the world. The same entrance as tomorrow (even if tomorrow is really no big deal to the college entrance examination), made their own in addition to tense or nervous irritability brought in a tight one day make time in your pain away do not say, do not get you better not writing the exam on the first collapse. This is unfounded, his torture yourself. We at this critical moment, we must be reasonable, the brain should be sober. Serious to analyze how much time we have in the end, in this time up to the things that also competent. Good. Now we come to count how many times it can be utilized. Today is May 6, to the entrance there is just a month's time. Month is 30 days (well, how many days later to say, we say there are 30 days, not that there is still a month. Zhao that is greater than 30 days a month, do you agree?), We 12 hours a day by learning to calculate, to the entrance is still 30 for 12 hours, that is 360 hours. Into the classroom is the 432 class. Wow, we actually have so much time ah! Now we use several methods to try to look at the 30 talent (of course, is only an example that we have enough time to use the points system listed only about, specific to your personal circumstances according to the scientific point of your .) 1. If we put an average of 30 days allocated to the entrance of the six subjects. Then each subject would be 5 days. 5 days, enough to let us put all this science textbooks to see it again, all the knowledge points and then finishing it again. Work done before such a test, you want your college entrance examination scores will not improve it? 2. If we take the college entrance examination 30 days of simulation questions, we look at what the outcome will be. We set a workable plan, according to the model entrance examination for two days to do a simulation problem. 30 days, we can do 15 sets of complete sets of high-mode problems. Besides more detailed, two days to do a question, do take issue totaling 9 hours, according to the beginning of the program, learning 12 hours a day, two-day total of 24 hours. In other words, we have done 15 hours of high modulus question for the research. We do carefully before college entrance examination and in-depth analysis of the 15 sets of entrance simulation questions. You said, you can not improve the ability to do title it? Your college entrance examination scores will not improve it? 3. Us if you have a subject weaker, every time the examination was his pull-apart (if a language, only 60 points per test or so), then we can put the 30-day language as the main direction. To ensure uniform progress in other subjects on the basis of all the forces on the language, from the place you most not start (for example, poetry appreciation every time you can only have 1 - 2 minutes, then you put it as a breakthrough direction, hard to learn half of the month, two weeks, about 8 minutes into the test no problem. Ziyinzixing not start from the Ziyinzixing, the sense of learning half of the month, there will be a great breakthrough.) fight on month, no problem 90 points on the college entrance examination. This language is only a subject can be a long 30 minutes. ... ... ... ... More than just a general statement, but in fact we can use the space, increase the probability that the situation is much greater than the above. Because we have learned more than two years, after all, a lot of knowledge is what we already know, so do not exhaustive, and can focus instead on areas not yet fully grasp. In the first, if,timberland outlet, we say that five days would be enough to read through the textbooks, then we look at the time really has been from the first page you see the last page? Obviously not. We can ignore the familiar content, more time to not know the content. This natural effect will be better. When Zhao driving test, after registration, giving a theoretical book, 400 pages. Because Manga, has not been watching. An exam the next day, how do ah? Check it out! Exam stayed a night, a night to the 400 things he just finished reading. The next day test, 95 points (out of 100 points, 90 passing), passed. Zhao 400 pages a night to remember the theory? Certainly not remember. The reason why the adoption because the book turned to look, there are a lot of things already know, know, too, do not know the mind. One night down, exams passed. This is the situation we are now basically the same, most of the things we will, we just need a little fuzzy things that little bit will make sense to see it. Told myself, not so difficult. Of course, those who choose which method will be based on your personal circumstances to be out. But you must believe that no matter which method you choose, you are within the 30 days has improved, choices, just to raise more. Have a saying that goes, we can not determine the length of life, but we can increase the width of life. Now we do not say life, just say how we exam 30 days before. We can not increase the length of 30 days, but we can increase the width of 30 days. 30-day exam, in fact, any one of us in the past 30 days are the same. Students,timberland boots sale, think about your schooling there as one month, one of the most effort, but also most rewarding month? If so, why that time line, and now this month they think it is useless? Strengthen our faith, calm your mind, let this be your school a month since the most rewarding month! Tell yourself: 30 days a month, you can easily 360 hours of study, 432 lessons, 21,600 minutes. Such a long time, many, many things we can do, 432 lessons, enough for us to create the entrance of a miracle!
Third, understand the above content, will the corresponding 30-day sprint to the development plan. Plan to set, vary. There is only one principle: faster, more references to points! Plan to do later, would not have to think about, do not go thinking, Now the next thing we have left, and that is practical to go to every day!
day, the Buddha asked his disciples, said:

Buddha shook his head:




Buddha smiled and said:

Yes ah, life is only breathing room. Yesterday is past, whether you are crazy to have been, or wanton squandering too; matter left to you is heavy harvest, empty,timberland boots uk, or regret, the past can not go over the day. And tomorrow, our dreams of a better tomorrow is yet to come, and always will want to come by to the. The only thing we can control is today, is now! Take advantage of this last 30 days in every day, every hour of every day, every lesson, so pay a little bit into the cumulative harvest. Live in the moment, live in between breaths, do not go to management tomorrow's college entrance examination, the past will always come, but when he comes, we have a good impact strength. You heard this morning with a small hammer percussion master sales of large iron ball story, the reason is the same, very simple, as long as you stick to the end, you OK!
fact, to this stage, the real battle is no longer a contest of knowledge, but the mentality of the competition. Who's a good attitude, who can use a positive action to deal with the college entrance examination, who is the final winner. Often heard students say that stress, fear,mens timberland boots, sleep, fear of failure of the college entrance examination, but learn not to do so; afraid to get good, my parents down, do not know how. Live every day among the bored. Even some students want a man to stray away from familiar people: even someone wants to die, find a deserted corner, quietly die, to feel the life and mysterious disappearance of the share of silence grew more and more and more ... ... , grew more and more chaos,cheap timberland boots, more and more convinced learn not continue. You have such a poor attitude, being one month you will get. In addition to suffering or pain, in addition to suffering or torment. Such a state, can put points? Can not, can only fall. The mentality of the students will be full of good fighting spirit, seize this precious time to fight a 30-day, performance will naturally increase. You back 50 points, people rose 50 points, the gap increased from 0 to 100 ah! Entrance end, you have a look at scores, you are very unbalanced, how could have been worse at a level of 100 points. Simple ah, this is the last month of 100 the difference between ah. Therefore, the students Zhao tell you, you must not to scare yourself, do not use that may never come to interfere with the difficult feelings we have today. Sensible to analyze the current situation of their own to make a rational plan, the sense of the daily completion of the project. Do these, you had never fear to become a reality; can not do this, you are worried about tomorrow will come!
there are also many students told me that the poor results, even if the hard, raised 50 points, you may still can not get on line. How to do it? This situation is likely to happen. You worked hard, probably still can not get cable or still does not meet your minimum target. First, we are talking about a possibility, that is to say there is still hope. In such a moment, one percent of hope, we should not pay one hundred percent effort? Second, even if the result is really bad, you will regret your original choice? You certainly will not. Efforts to make this process because we do not have in the last month regret. Third, we give an easily give up their habit to develop it? Today you are faced with only entrance, tomorrow you may face is a more important time in life. Students, entrance exam of our knowledge, not just in skills, more importantly, visit our insistence,timberland boots, patience, perseverance, and so on people's overall quality. A few years ago you may not know, now you got it not too late. Sage said: hear the Tao, Xi die without regret. Now understand, at least your personality one step further.
see above, I would like to make good use of 30 days, 360 hours, 432 class, you have an idea. Set aside to unnecessary anxiety and confusion, right, up the development of your sprint plan. 30 days to change your fate, you can create a myth!
Finally, I'd like to remind you that this last 30 days, you will face more interference and temptation. For example: feeling sad about the separation of, ah, ah yearbook, photography, ah, ah ... Enrollment private universities ... we think and not think of all kinds. So, I again remind you that competition is the mentality of the final competition. Who grasp his own, who is the 2010 winner of the battlefield entrance.
students, this text from last night I started writing, has been written off in the afternoon today. In fact, my heart has much to say to you, but no time to waste, ah, I can only pick, said before the most important thing with you to listen. And wish you temper after 30 days after the battle were able to laugh at!
Zhao
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Old 08-18-2011, 05:09 AM   #3
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22130789 2007 年 12 月 04 日 16:00 Reading (loading. ..) Comments (3) Category: Personal Diary
When Love has become the past ~ ~ ~ ~ I was happy with the left hand with his right hand lost forever ~ ~,timberland boots uk!

I have neither now nor eternal happiness ~ ~ ~

life - next goal? The direction that I did not ~

in my own world ~ lost its way ~
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Old 08-18-2011, 07:24 AM   #4
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