Chapter 42 What Is the Purpose of the Emergence of the Law?

Recently, an old lady named Zhao Chunhua in Tianjin set up a balloon shooting booth and was sentenced. "On October 12, 2016, Wang Yanling's mother, Zhao Chunhua, and eight other 13 other vendors who set up shooting stalls at the dock of Tianjin's Great Compassion Courtyard were arrested and taken to the Hongshunli Police Station in Hebei District.www.biquge.info Six of the nine guns on Zhao Chunhua's booth were identified as guns, and on December 27, the Hebei District Court sentenced him to three years and six months in prison for illegal possession of firearms. "This incident has sparked people's attention and caused a sensation across the country.

Why is so much attention being paid to this event? Because everybody has a sense of self-jeopardy.

From this case, you can understand what rational thinking is and what human thinking is. And from this case, we can see how strong and stubborn the rational thinking of the Chinese is.

The People's Daily published a commentary: "What can be considered a gun? Listen to what the authoritative figures have to say," which said: "The core fact is that just because of the case of Mrs. Tianjin, we cannot encourage and instigate excessive hyping of standards and inappropriate attacks on judicial organs." Even if the standards should indeed be dynamically adjusted in the future, in the current situation, a series of measures taken by the judiciary are legal and compliant. This sentence sounds very legitimate, and it is also legitimate, but it is not legitimate. It can also be seen from this article that in China, authoritative figures are fierce defenders of rational thinking, let alone ordinary people?

First of all, we have to ask, what are we producing the Fa for?

Of course, it is to ensure the safety of all and safeguard the rights and interests of all people.

In order to protect the rights and interests of all people, the spirit of the law cannot stand on the middle point of the two points and one line and shoulder the responsibility of the law. Law is not a concept of justice, and judges are not the scales of fairness, but should be righteous and wise people who stand on the standpoint of objective idealism, so judges must have the ability to think objectively and idealistically, and judge those who violate the law with fairness as the starting point and justice as the conclusion.

The Fa is not intuitive thinking, still less is it a direct measure or means. The law cannot rigidly copy the laws and regulations without taking into account the objective reality that people are human beings. The law cannot treat the people under the law with primitive rationality, the law is not a balance, with the law on one side and the suspects who violate the laws on the other.

We created the law to protect the whole people, but only to take measures against a small number of people who violate the law, so the law should not make everyone feel that they are in danger after taking measures against a small number of people. The law can not be used as a "standard for the future... adjustment" as a reason, so that the people expect the fairness and justice of the law.

The reason is that rational thinking will only choose intuitive evidence, regardless of the essential factors of the incident, when considering the case, the judge only looks at the evidence of the case investigation, and does not care about the antecedents of the incident, but increases the intensity of the assumption of the consequences of the incident, directly related to the inference of guilt of the consequences, and intuitively makes a rational trial. This is the reason why rational thinking only focuses on what the two eyes see and does not care about the evidence that objectively exists. This is the cause and effect caused by judges leveling the spirit of the law, the law is not the scale, and judges are not the burdenbearers of the state, provoking the state with one end and the judgment with the other. The law is an objective reflection of the subjective consciousness, and judges can only judge from the perspective of the third point, and cannot judge crimes by the scale of the scales.

What is the purpose of the law? The spirit of the law is to protect the people, punish crimes, and only treat a small number of people in the people, so the law can only use the concept of objective idealism to judge the actual existence of intuitive materialism, resolve practical contradictions, solve practical problems, and form a powerful force to protect the people's security and safeguard the country's long-term peace and stability. This is the spirit of the law, and if the consequences of the judgment of the law make people feel that everyone is in danger, then such a law should not be stopped.

In a country with strong rational thinking, the spirit of the law is to maintain the authority and coercion of the law, the law is a mechanical dogma, the judges are rigidly carrying the law and mechanically governing the people under the law, such a justice only shows justice, and must ignore the justice of the law, and everyone will live in fear if they survive under such a law, because you don't know when you will touch the bottom line of the law, and you will be put into a cage under the judgment of rational thinking.

Montesquieu said: "The principle of autocracy is terror".