At 7:30 p.m., when Yun Yin, Cao Yun, and Ling Hulan were discussing in Ling Hulan's room, the TV broadcast the news of the Flame Court trial. According to the news, the pre-trial video appeared on the Internet at 6 p.m., and it was viewed more than 10 million times in an hour. The police appealed to the public not to watch the video at will, click on the link provided by the video at will, and not to vote on the final punishment, and the police have locked the source address of the video at 7:20.

At 7:45, Mingtang TV broadcast a surprise interview with the current temple chief Kojima, and in the face of reporters' questions, Kojima denied that he had any deal with Nakajima, and because he was busy polluting the mine in Village A, he was not interested in paying attention to the trial of the Flame Court. At the same time, he also called on the public not to participate in the video viewing and final voting of the Flame Court, and asked the public to trust that the police will give everyone a fair and satisfactory answer.

At eight o'clock, the trial officially began.

Nakajima and Maemura have no opinion on the facts, and they appear in the dock, taking on the role of witnesses more. The prosecutor again explained the facts of Fujiki's crime and asked Fujiki's lawyer to explain the reasons for denying Fujiki's crime.

Ling Hulan glanced at Cao Yun, took the microphone to her mouth, and said: "A certain religion believes that people have original sin from birth, and in ancient China, there was also a saying that people were inherently evil at the beginning. What is the innate nature of human nature? First of all, I must understand that my client is a capitalist, and he is a profit-seeker. "The legislative basis of the European and American legal systems is more biased towards the beginning of people, and the nature is evil. They do not believe in the existence of great men, sages. For example, if an elderly person with a good reputation testifies for someone, at most it is only based on evidence, and it cannot be ruled out that the elder lied, even if he never lied.

"There is such a multiple-choice question on the Internet, giving you a button, you will get 10 million every time you press it, but every time you press it, there is a person on the earth who has nothing to do with you and dies, will you press it?" Ling Hulan looked at the prosecutor and said, "Mr. prosecutor, will you press it?"

The prosecutor thought for a moment and moved closer to the microphone: "I won't, but I understand what you mean, and I'm sure at least more than half of the people will press it at least once." ”

"Thank you for the prosecutor's honesty, and we can skip the debate. Linghulan said: "My client Fujiki pursues profit, just like the person who gets the button, he longs for wealth, but because there is no one to stop him, there is no supervision and restraint, in the face of temptation, he succumbs to the instinct of human nature." So my client is innocent. ”

The prosecutor said unhurriedly: "I agree with part of the opposing lawyer's statement that if the defendant does not have any restraint and supervision, he has done anything bad, it cannot be regarded as his fault, because human nature is selfish." But has the opposing lawyer forgotten that the defendant was released from supervision and restraint through the method of 'guild'. ”

Ling Hulan said: "The guild is just a means, if the supervision and restraint cannot be broken down by the guild, then will the defendant still have the guild? Now there is a problem with the supervision and restraint, just like a bank teller who finds himself can easily take the cash in the cabinet without being discovered." In fact, in order to prevent tellers from taking cash privately, banks use strict procedures to supervise and restrain tellers? ”

Prosecutor: "The opposing lawyer gave an inappropriate example, the teller turned off the camera and took the cash. Again, if the teller could take the cash without being discovered, and if he took the cash, the Flame Court would not consider him guilty as a secular court, he was just tempted, and it was understandable. The fact is that the teller took the initiative to turn off the camera in order to be able to take the cash, which caused him to take the cash without being detected. ”

Linghulan said: "Why didn't the bank take into account that the teller would turn off the camera? Just as the supervision department didn't take into account the Fujiki Guild Nakajima and Maemura? ”

The prosecutor replied: "I have already explained that Fujiki's use of illegal means to guild is already out of the level of passive crime, and it can be regarded as an active crime. ”

Ling Hulan: "Prosecutor, let me ask a question first, if Nakajima and Maemura don't receive benefits, can the application from four years ago be approved?"

The prosecutor thought for a while: "No, objectively speaking, Nakajima, as the head of the temple, may request re-exploration in order to protect the local industry and mining." But Maemura, as the person in charge of exploration, has no benefit, and it is impossible to make wrong conclusions. ”

Ling Hulan said: "In other words, Fujiki did not commit a crime at all. It was the possible crime of Nakajima and the crime of the former village that led to the pollution of Village A. It is undeniable that Fujiki is morally flawed, but he just did what ordinary people would do. I don't deny that there are many saints among the people, but I believe that there are also many immoral people. For example, if you go to a hotel to rest and want to find a woman, there is a superb beauty who has an infectious disease and wants to take revenge on the society and wants to sleep with you, I believe that some people will refuse, but I believe that more people will accept it. ”

Ling Hulan: "What we want to investigate is, how did the beautiful woman enter the room? Why didn't the hotel prevent the beautiful woman from entering the room? instead of investigating the man's thoughts and behaviors, the man's behavior is an understandable instinctive behavior. Therefore, I believe that this case is completely putting the cart before the horse, and Mr. Fujiki is considered a witness at most, and cannot be regarded as a defendant at all. ”

Is this a quibble, a sophistry, or a debate? The prosecutor was momentarily asked, and on the basis of the original evil of human nature, it seemed that Fujiki's behavior hovered in the middle gray area between guilt and innocence.

After a long time, the prosecutor said, "I admit that this case is a bit of a reversal of the cart, but Fujiki is still guilty because of his profit-seeking behavior that led to the tragedy." ”

Ling Hulan slapped the table angrily and asked: "Prosecutor, don't you understand people's words?" The old lady just said that the source of the tragedy was that Maemura and Nakajima received money, and Fujiki just did what a person would do. ”

The prosecutor also stood up and did not back down: "I think a person's nature has a bottom line, and he does not hesitate to contaminate the drinking water of thousands of people for the benefit of tens of millions." Fujiki never thought that he would be held accountable after the incident?"

Ling Hulan: "Assuming that Area C does not collapse and there is no pollution? Will Fujiki still be held responsible? Prosecutor, tell me, do you think Fujiki's actions are crimes of conduct or consequences?"

One person punches another person, which is a crime, and Dongtang calls it an assault. If there are serious consequences, such as the death of the other person, it is the crime of intentional injury causing death. The former is a crime of conduct, because your actions are sinful. The latter is a consequential sin, a sin committed because you caused the consequence.

A man with a sharp wall and a woman is guilty of a sharp wall. When a woman commits suicide, the man is still the culmination of the crime of conduct, and the punishment will be increased because of the woman's suicide, but it will not evolve into the crime of intentional injury causing death as a consequential crime. Suppose a man causes the death of a woman while he is on the tip of a wall, that is a consequential crime, intentional injury causing death, and can even be charged with homediting.

After a minute of silence in the courtroom, the prosecutor said, "Both, first of all, Fujiki's actions caused serious pollution, which is a consequence crime. ”

Ling Hulan interrupted: "It hasn't been long since the consequences happened, and the police already have accurate information about Fujiki's crime, why do they need the Flame Court to do it for them? Could it be that the Flame Court thinks that it is impossible for the police to punish Fujiki?"

In the last cooperation, Ling Hulan was in charge of the strategy, and Cao Yun mastered the details, which was divided according to their own characteristics, but the result was not good. In this cooperation, Cao Yun is the commander of the general, and Ling Hulan is the general, step by step, and the momentum is compelling.

Step by step, the first step is to confirm human nature. Is it a person's fault that he does not control himself in the face of temptation? The ordinary court will certainly not care whether you are under an irresistible temptation, but whether you have controlled yourself. Since the Flame Court claims to be a moral court, it must face the ugly side of human nature. As Ling Hulan said, a beautiful woman with an infectious disease went into a hotel room and threw herself into a bachelor's arms. It is obviously against human nature to ask a bachelor to refuse strongly. In order to prevent this from happening, the hotel is obliged to prevent the beautiful woman from entering the hotel room.

This step is not difficult, set up camp first, and take this conclusion. Suppose the prosecutor insists that it is the bachelor's fault that he did not reject the beauty, then it will turn to another line: what is the difference between a flaming court and an ordinary court?

Step 2: Explain that Fujiki is like a bachelor, assuming that Nakajima and Maemura don't take his money, he won't exploit Area C and cause tragedy. The prosecutor obviously didn't want to back down at this step, but because Linghulan took the first step, he only had two choices, the first choice was to emphasize Fujiki's initiative in the guild. The second option is to emphasize the consequences caused by the vine tree.

There are two branches in the second step of Ling Hulan, if the prosecutor emphasizes that Fujiki takes the initiative to guild, and Ling Hulan takes the first branch: analyzing human nature, you can give countless examples to show that people will find various ways to achieve interests in the face of interests. It further proves that the various rules that have emerged in human society are to restrain and supervise some people to pursue interests by unscrupulous means. Similarly, in the case of pollution, factories will discharge wastewater into rivers if no one manages the environment, a process that almost all industrial countries go through. In the process, no company will take the initiative to control pollution for the sake of the environment. Only when there are rules and strict restrictions on the emission standards of enterprises can this kind of thing be prevented. Fujiki, like these factory owners, will certainly pursue profits without supervision and restraint. Fujiki's dismantling of the overseer through the guild means that there is a problem with the overseer or the rules, and it is them, not Fujiki.

The prosecutor obviously took this into account and didn't want to keep arguing with Ling Hulan on this issue, knowing that he would not have the upper hand in debating this topic. As a result, the prosecutor put forward the claim that Fujiki had caused serious consequences.

Ling Hulan enters the second branch: Is Fujiki a crime of conduct, or a crime of consequences?

After the success of the second step, move on to the third step!

Assuming that the prosecutor believes that Fujiki is guilty of acting, Fujiki is guilty of whether or not he caused pollution. Then Linghu Lan will ask for the fact of contamination to be ruled out. This is because the guilt of the act has nothing to do with the consequences it causes, but only the reason for the aggravation of the punishment.

This step is the general, and the defense kicks the ball to the prosecutor, who must thoroughly review what he is about to say. He can't be plausible, and if this path doesn't work, he will take another path. Ling Hulan even increased her imposing attitude in tone and actions, which made it difficult for the prosecutor to deal with it, and in the end, the prosecutor still played tricks and put forward the statement that both crimes were committed.

At this time, the strategic adjustment of the two sides has been completed, the battlefield has been laid out, and the next step is the battle stage of fierce competition.

Ling Hulan was silent in the face of the prosecutor, and asked: "Please answer my question, the consequences are only half a month now, and the police have accurate information, does the prosecutor think that the police will condone Fujiki? Or can Fujiki be cleared of charges?"

The prosecutor took a long time to reply, "No." ”

Ling Hulan said: "Since Fujiki will inevitably be arrested by the police and charged by the prosecution, why should the Flame Court do this extra thing? Is it to show the justice of the Flame Court? Or is it simply no business and casually intercept a case whose facts are already very clear for trial?"

There was another awkward silence, and Judge No. 3 said: "The court will not pursue the pollution consequences caused by Fujiki, because the pollution consequences caused by Fujiki have already been determined, and unless Fujiki can escape the punishment of the law in the future, the Flame Court will not bother with this matter." The Flame Court pursued that Fujiki knew that there might be a problem in Area C, but ...... through the guild

Cao Yun took the microphone and interrupted: "I'm sorry Judge, this is the prosecutor's line, and the judge has no right to decide what charges the defendant should be charged." If a judge can indict a defendant, why do you need a prosecutor?"

After continuing to be embarrassed and silent for a while, Judge No. 3 said: "I agree with Lawyer Cao's statement, and I am here to apologize to everyone." ”

Continuing to be embarrassed and silent, the prosecutor said: "The prosecutor charged Fujiki with the crime of acting because he obtained the mining rights of Area C through guilds in order to conceal the hidden dangers in Area C, not because of the consequences he caused, but because he knew that it might cause serious consequences, but he still carried out the guild. ”

So it went to the second round of engagement.

Let Hulan rest, and Cao Yun led the troops to the battle.

Cao Yun: "The prosecutor said that Fujiki knew that it could cause serious consequences, and according to my understanding, Fujiki and even the former village of the expert group could not determine the tributaries near Area C. The underground river is from west to east, direct current. The tributary near Area C and the parallel line of the underground river run from west to east, and the problem is that the tributary is more mischievous, it turns around and joins the underground river after turning a big C. Prosecutor, please provide your evidence, evidence that Fujiki knows may cause serious consequences. ”

"According to witness testimony, there is a certain possibility that the tributaries near Area C will flow into the underground river, and the possibility of its separate flow out of the surface cannot be ruled out," the prosecutor said. ”

Cao Yundao: "Does that mean maybe, not for sure? To be precise, Fujiki obtained the mining rights through guild means when he knew that there might be hidden dangers in Area C?"

The prosecutor pondered for a few seconds: "Yes. ”

Cao Yun asked, "What is the probability?" Qiancun, as an expert, please answer this question. ”

Maemura thought for a moment in the dock and replied, "There's no chance of that. Schrödinger's cat, there are only two possibilities to open the box, the cat is dead, the cat is alive, and there is no way to prove how much chance the cat is alive and how many are dead. ”8)