Yang Minjian didn't want to help with this from the beginning, a woman's emotions are understandable, it is really true that a pregnant woman has been stupid for three years, Huang Yixi estimated a lot of water in his mind at this time, but Shang Luoyu knew that he couldn't do it, and he didn't have the wisdom of the past at all, so he must have been influenced by Huang Yixi. "Someone has been the first person to eat crabs, why can't we even be the second person?"

Huang Yixi asked rhetorically.

It is said that everything is difficult at the beginning, but now that we have cases, there are one and two, and it should not be difficult.

"Why?" Yang Minjian sneered, sometimes, the second person is much more difficult than the first person, because when it didn't start, everyone didn't know the result, but with the first result, what would they do if they found that they were out of control if they let it go on? ”

In Yang Minjian's view, this case where the benefits and the pay are completely incommensurate, Huang Yixi should not have taken it at the beginning, she has a lot of time herself, it doesn't matter if she wastes it, but it is wrong to waste Shang Luoyu's precious time.

You must know that these times, Shang Luoyu can achieve hundreds or even thousands of times higher returns.

In Huang Yixi, there was no way to understand Yang Minjian's thoughts at all.

Li Qingsong's lawsuit is worth taking, although the facts of this case are simple, but there are obvious disputes between the prosecution and defense over the determination of the facts of the case, and if the adjudicator only examines written materials, interrogates the defendant, and unilaterally hears opinions, without summoning witnesses and evaluators to testify in court, and does not allow the prosecution and defense to openly debate and debate, it is often impossible to achieve the goal of clarifying the dispute between the prosecution and defense and ascertaining the truth of the case.

Putting aside the relationship between my aunt and uncle and Li Qingsong, when I see a person who should not be sentenced to death sentenced to death, a lawyer with a conscience will reach out.

"It's not as simple as you think, but if you meet a lawyer who supports your defense, the best outcome is to remand the case for retrial. Yang Minjian thought that Huang Yixi's imagination was too beautiful, while Shang Luoyu was obviously carried away by his feelings.

"Yes, it can be remanded for retrial. However, it is clear that remand for retrial is a reversible and extremely costly option for judicial resources. ”

Huang Yixi agrees with Yang Minjian's point of view but disagrees with this method to solve the problem, "You and I know very well that it is difficult for adults to do things that beat their mouths, let alone adults with power." ”

Huang Yixi's metaphor Yang Minjian understood at once, and it was also very difficult in practice for the original trial and adjudication body to deny the correctness of his previous judgment through a retrial.

In the only case of Yang XX, which was held in open court, the supreme adjudication body chose to conduct an open oral trial of the death penalty review case in the presence of both the prosecution and defense, summoned new witnesses to appear in court, and heard the prosecution and defense's different opinions on the determination of facts, especially on the legality and validity of the evidence.

Obviously, this method of in-court review is more effective than a simple written trial for the purpose of settling the score and ending the dispute and ascertaining the truth, and it is also more in line with the basic concept of protecting the defendant's right to a defense and prudently applying the death penalty.

"You're thinking too simply, that's not what the adjudication body thinks, it's not that the more times you hear it, the more correct it is. ”

In Yang Minjian's opinion, Huang Yixi was a little whimsical.

There are two possible legislative reasons for the fact that the law does not require the Supreme Judicial Institution to conduct a trial to review the death penalty: First, it is to save judicial resources, believing that the use of a trial will increase the workload of the Supreme Judicial Body.

In this case, how can the court be held? In Kyoto or in the place where the case occurred, we have to consider the cost, escort, and security of the death row prisoners.

The most important point is the second point, if the verdict is changed after review, will the public think that the supreme adjudication body does not have a higher ability to ascertain the facts, thus undermining the authority of the first-instance and second-instance adjudication bodies and judges?

The judges of the first and second trials will not agree with this view at all, and they will think that the retrial of the facts will create an opportunity for opportunists.

In addition to the case itself, there are also many extra-case factors that affect the review. Judges, lawyers, and scholars unanimously mentioned that the attitude of the victim is a very important factor in the final sentencing.

The social environment in which the death penalty is applied is very bad, and interference and interference occur from time to time when the death penalty is not imposed in a single case. In some cases where the death penalty should not be imposed in accordance with the law, the victims, out of a sense of revenge or because the defendant is unable to compensate for the attached civil lawsuits, often clamoring for the adjudication organs to impose the death penalty, otherwise they will make a fuss, causing a serious impact on the people's adjudication organs' fair handling of death penalty cases.

The factors mentioned above are all accounted for in Li Qingsong's case.

Yang Minjian thought a lot, but Huang Yixi didn't listen to it at all, it's not that Yang Minjian said it wrong, he said it comprehensively and completely, but his thinking is not the thinking of a lawyer acting for a case, but from the perspective of a politician.

The first consideration of politicians is not the truth of the matter, but the pros and cons.

Huang Yixi said meaningfully: "Brother Yang, do you know what it means to be a lawyer?"

What does it mean to be a lawyer?

Yang Minjian was slightly stunned, it had been a long time, and no one had asked him this question again.

What does it mean to them to be a lawyer? a glamorous image, a good income, a high social status?

Is that it?

It didn't seem like that way at first.

Some people say that every boy has a martial arts dream since he was a child, longing for justice and swordsmanship, and Yang Minjian is the same.

In this era of peace, the sword in Yang Minjian's heart is the blade of law in his hand.

When did he forget his original intention and get lost in this prosperous world?

Yang Minjian's expression was a little dazed, and after a while, he shook his head and asked Huang Yixi sarcastically: "Do you still have the unrealistic idea that a lawyer means fairness and justice, and help more people through the pursuit of fairness and justice?"

Children only ask right and wrong, and the world of adults is more than just these two words.

Huang Yixi smiled indifferently, glanced at Yang Minjian deeply, and shook his head, "I have never had this kind of thought, I have always believed that lawyers are not gods, nor are they the embodiment of fairness and justice, I am just a little woman in a small place, if I pursue fairness and justice, then, I will choose to be a judge or a prosecutor, but I know that I don't have that much ability, what I can do and want to do is the most fundamental duty of a lawyer----- the greatest possible protection of the legitimate rights and interests of the parties, and that's it." ”

From start to finish, it has always been.

When she said this, she leaned forward and her eyes were bright, as if the stars in the sky had fallen into her eyes.