Chapter 147: The Champion's Style (3)
I have to say that this question is very clever, and the hidden traps are also very hidden. Needless to say, civil prosecution lawyers who have no experience in handling criminal cases can quickly name the most appropriate charges in a short period of time.
It's just that both of them can't tell Song Lili and Kang Mingyang more appropriate charges.
The four debaters in Rongzhou City are all elite soldiers, and the opposing side is a prosecutor with more than 10 years of working experience, although the time he has been a lawyer is still short, but after being a public prosecutor for so many years, it is clear whether to prosecute him.
He admired and glanced at Captain Lin Ling, who was temporarily transferred last night, and put him in the first debate was definitely the most suitable person.
The other party only said one crime in a defense, and there was no statement in a dry manner, obviously she didn't understand it herself, "Leaders, judges, teachers, peers, raising children is the obligation of a father, Gu Bao's kidney removal behavior was approved by Liang Xiang, and the purpose was not to sell to obtain illegal benefits, and his behavior was not harmful, so Gu Bao's behavior in this case does not constitute a crime, and does not constitute the crime of organizing the sale of human organs." ”
Kang Mingyang has been a lawyer for a shorter time than Huang Yixi, and because of this, he still remembers the subjective and objective elements of organizing the crime of selling human organs, but with four debaters in a group, he feels that no matter what, the common interests of this group must be safeguarded, so he avoids the tangled part and says the part that is beneficial to his side." The obligation of relatives to seek help from each other does not include the donation of human organs, and Liang Xiang himself is not willing to donate, but because Mr. Gu Bao used deceptive means, Gu Bao's act was subjectively intentional, and from the objective elements of the right to endanger the right to physical health of the organ seller, it meets the subjective and objective conditions for the crime of organizing the sale of human organs, so Gu Bao's conduct constitutes the crime of selling human organs. ”
As soon as Kang Mingyang's words fell, the opponent's second argument immediately stood up, she is what Professor Li Jun said Lin Ling, who has the highest judicial score in Minyue Province so far, the reason why Lin Ling is impressive, in addition to her name as a judicial champion, the most important thing is that she has a bright appearance, she is wearing a white dress today, like a blooming white lotus, elegant, intellectual, and unforgettable at first sight.
In the crowd watching the game, some people even said: "In the knockout round, the position of the debater of the Rongzhou team was different from today, because Lin Ling was not convinced when she saw that Huang Yixi and her were called Minyue legal and political shuangshu, so she moved the position of the original fourth debate to the second debate, just to face off with the male and female." ”
Of course, some people disagree, this is the home of the Rongzhou team, they have the most cheerleaders, among the men inside, Lin Ling can be said to be their goddess, Lin Ling is talented, good-looking and capable, "Huang Yixi is nothing, she doesn't deserve to lift Lin Ling's shoes." ”
There are also those who think they are more fair, "You can't say that, although Huang Yixi is not as good as Lin Ling, but it is not bad, spring flowers and autumn moons, the taste is different, each has its own merits." ”
In the eyes of this group of people, Lin Ling and Huang Yixi, I can't say which one is more beautiful, if Lin Ling is a graceful summer lotus, then Huang Yixi is a tender green and straight spring bamboo, the two of them are the most attractive women in the entire debate competition, and when the two opposing teams are drawn in the morning, many people are talking about them.
Of course, there are a few people who don't like Lin Ling, thinking that she is a fake fairy and disgusting, but these few people don't dare to speak out, for fear of being despised and beaten to death.
People who really hate and don't care will not appear here, just like there is no audience in Baishui State, time is life in this business, and a few people can afford to waste it.
Lin Ling spoke quickly and crisply, crisp as a big bead and a small bead falling on a jade plate, "First of all, I have to point out the mistakes made by the two defense friends on the other side, the object of the crime of organizing the sale of human organs has a dual nature. The act of organizing others to sell human organs not only violates the right to physical health of organ sellers, but also endangers the state's order of medical management of organ transplantation.
On the one hand, those who organize others to sell human organs and buy and sell other people's organs as commodities and trade them, harming the right to physical health and integrity of others.
On the other hand, the state has clear regulations on organ transplantation, and there are certain procedures to guarantee it, and the organization of the sale of human organs is not conducive to the maintenance of the order of medical management, and is a violation of this order.
And Gu Bao is a doctor, who has the legal qualification to transplant organs, and has not violated the order of medical management, and Liang Xiang's organs are also used on his daughter, and in law, it is not illegal for relatives to donate organs. ”
When Lin Ling said that when she organized the object of the crime of selling human organs, someone in the audience had already taken out her mobile phone to find Du Niang, and sighed after listening to it, "My mother, she didn't miss a word, and she deserved to be the champion of the exam." ”
Lin Ling finally concluded: "Dear leaders, hosts, judges and colleagues, Liang Xiang, as a father, disregarded his daughter's life, and Gu Bao used deceptive means to let Liang Xiang donate his organs in order to save his niece.
As we all know, China's law stipulates that human organs cannot be bought and sold, so the agreement between Gu Bao and Liang Xiang is invalid, but ......"
Speaking of this, Lin Ling paused for a moment, and saw the approving eyes of the judges, as well as the obsessive and adoring eyes of the audience, and was very proud in her heart.
However, the law is the bottom line of morality, morality is also human feelings, the existence of the law is to maintain the existence of human feelings, Gu Bao's deception is only a deception in civil law, not a criminal deception, so Gu Bao's behavior does not constitute a crime. ”
After Lin Ling finished speaking, as she expected, the stage and the audience immediately burst into warm applause, and the cheerleaders even shouted out with rhythm, "Lawyer Lin Ling, the miracle of Minyue, as soon as Lin Ling came out, the four teams obeyed." ”
As soon as Li Jun heard the new slogan, his eyes lit up, and he smashed his mouth, as if tasting delicious food, he raised his hand several times, Huang Yixi watched coldly, if he didn't realize that he was still the host, he was afraid that he would have joined the cheerleading team a long time ago.
Hey!
Huang Yixi actually admires Lin Ling very much, if she is the opposite, her debate must be only these, and it will not be more exciting than Lin Ling.
But it's a pity that her current position is incompatible with Lin Ling, and she doesn't conspire with each other.
Huang Yixi waited for everyone's emotions to calm down and the cheerleaders stopped speaking before standing up, "The other party's second argument is very exciting, but unfortunately, what we are debating today is a legal issue, that is, the issue of whether Gu Bao committed a crime, not the moral and human issues in this case."
As stated in our second defense, there is no obligation to donate organs between relatives, and Liang Xiang has no subjective intention to donate organs, which has no relevance to the relationship between the parties.
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