Chapter 150: The Champion's Style (6)
In the same way, in the last debate, we drew the argument of the opposing side, that is, the argument of innocence, and I also found the legal facts of innocence to support our viewpoint, and I think that whether it is the positive side or the negative side, the position I said is absolutely not wrong.
However, due to the change in the rules of this debate match, the four members of our team were unable to communicate, and after I knew that it was this crime and not the other crime that my teammates said, I could not do it knowing that it was this crime and insisting on the other crime.
Moreover, I don't think I'm wrong to do this, I'll give you a simple example, the pros and cons of today's debate match are arguing with both sides, either this is Zhang San, or not Zhang San, but I think we mistook it for Li Si, and I still stubbornly debated on Li Si when I knew it. ”
Huang Yixi's words were loud and sound, and she immediately received a round of applause, and even the stubborn people who had the worst impression of her secretly changed their impression.
Yes, who can say that they were right from the beginning and will always be right, just like Lawyer Kang said just now, if you know your mistakes, you will change your husband.
"Now we will continue the debate just now, and I would like to invite the opposing side to make three arguments. ”
Professor Li Jun put away the look of contempt just now, and had to admit that this woman deserves the respect and love of a commercial lawyer.
Although there are not many beautiful female lawyers in the legal workers and lawyers, there are very few female lawyers who are so beautiful and more excellent inside.
It is not the first time that Li Jun has presided over the Minyue Provincial Lawyer Debate Competition, and Lin Ling, the champion team last year, also left a deep impression on him, but today it seems that Lin Ling is still lacking compared with Huang Yixi.
The question just now can be asked by anyone in the team, but she can't. After all, Huang Yixi's argumentative views are aimed at refuting her.
Whatever her intentions, it makes people feel that she is a little narrower.
The opponent's three arguments stood up and seemed confident, "Thank you for the friendly attitude of the opponent's defense friend to us, and now we can only admit that the other party's three defense friends are actually undercover agents sent by our side in the past." ”
The naughty words of the opposing side immediately attracted everyone's attention, and everyone laughed for a while, and the atmosphere became more relaxed.
The opposing side was smug in his three arguments, looked around and continued to speak, "We believe that this case involves the issue of whether the victim's promise is valid, if it is established, Gu Bao does not constitute a crime, and if it is not established, Gu Bao is established to commit the crime of intentional injury."
It is generally accepted that the victim's promise of minor injuries is valid, but not of serious injuries.
However, if the victim is only wrong in the motive of the promise, the promise is valid.
If the victim has made a promise, but the other purpose of protecting legal interests that he or she intends to pursue has not been achieved, the promise is invalid.
The 200,000 yuan in this case did not belong to the interests protected by the law, because the law prohibits the exchange of organs for money, and the monetary agreement between Gu Bao and Liang Xiang is invalid. Liang Xiang fully realized the consequences when he made the promise, and there was no misunderstanding, but the illegal purpose he pursued was not realized, so Liang Xiang only had the error of the motive of the promise, and the promise was valid.
The essence of the cause of illegal obstruction is the weighing of legal interests, and the victim generally cannot make a serious injury promise, because serious injury involves a major right to personal health and personal dignity, and cannot be freely disposed of by the victim.
Although there is a serious infringement of personal rights due to Liang Xiang's serious injury caused by Gu Bao's deception, considering the moral nature of this act itself, the scope of such a commitment to damage between relatives should be appropriately relaxed, and the promise of serious injury can also be made, so the illegality of Gu Bao's act should be excluded.
So I don't think Gu Bao is a crime. ”
I have to say that this three arguments are very smart, since he joked that Huang Yixi was an undercover agent on their side, he naturally would not attack her again, and what he just said made everyone admire his level when they heard it.
It's just a pity that although everyone's attention was on the Baishui team just now, they didn't pay attention to their side, and the four of them discussed and discussed, although they acted very carefully, but including the host and the judges noticed the situation.
How to say this, it is like a student cheating on an exam, and the student who cheats thinks that his means are clever, but he does not know that the teacher sitting on the podium knows every move below, and he is just willing to let it go if he doesn't catch it.
Huang Yixi and the four of them sat opposite, and they could see it clearly, this is a violation of the rules of the debate competition, the host announced at the beginning that they are not allowed to communicate with each other, and the four of them have not said a word to each other from the beginning to the present, whether in private or public.
However, at this time, they will not open their mouths, whether they have violated the rules, whether they want to deduct points, etc., the judges and the host will decide, and when the scores are announced, if they find that they have not dealt with it, it is not too late to protest according to the situation.
As for whether to protest or not, it depends on the situation, for example, if the other party loses, then don't say it, it's generous, if your side loses, the score distance is still quite a lot, then don't say it, the loser has to maintain his demeanor.
Only if you lose a little bit, but if you succeed in protesting, you may become a winner, will you speak.
Of course, you have to think carefully at this time, and you also have to think about whether you have pigtails for people to catch, otherwise what if the judges are angry and help the other party catch their own painful feet.
Huang Yixi looked at his teammates, except for Song Lili who was absent-minded, Kang Mingyang and Shang Luoyu's eyes flashed.
"I have to admit that I admire the professionalism and level of the four debaters on the other side, and I use the three-level theory to analyze, although it is a little detoured, but it makes sense in theory, but it's a pity......"
Shang Luoyu stood up with a smile and said unhurriedly: "The opponent's defense friend went around and around, but he was dizzy, but he made the facts clear, from the three-level theoretical analysis of the opponent's defense friend, we can conclude that one is that Liang Xiang subjectively disagrees, and the other is that human organs cannot be bought and sold, so Gu Bao's promise to give money is invalid, and regardless of whether the promise is valid or not, the promise that Liang Xiang is seriously injured by one missing human organ is invalid, so Gu Bao's crime of intentional injury is beyond question." ”
Shang Luoyu didn't end the topic here, he looked at the time and said quickly: "I am also grateful to the other party's defense friend, he said at the beginning, we believe that this case involves the issue of whether the victim's commitment is valid, if it is established, Gu Bao does not constitute a crime, if it is not established, Gu Bao is established to be guilty of intentional injury." Now we have to admit that the other party's plot against our lawyer Huang did not succeed, but we countered the opponent's three arguments......"
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