"Does anyone want to take on the challenge of this question? This question is a one-vote veto. Nan Xiaoyuan finally confirmed.

Of the remaining 6 people in the field, 5 raised their hands. Only Shi Nicole looked left and right, biting her lip, as if she knew that her strength was limited, and chose to retreat.

She'd rather take it slowly.

Nan Xiaoyuan looked around, and saw that there were so many juniors and sisters to fight, and she was happy to save trouble.

"Then let me explain the origin of this question. As someone who has been before, I am sure that you may also have the experience of me: I usually have to memorize a lot of things in order to cope with exams. But in fact, when it comes to doing a case, it is useless at all - the key to doing a case is how to apply the law well, and memorization is completely unnecessary, you can check the book.

Therefore, today I spent a lot of effort to find this topic - the relevant laws have been clearly written for you, open the book, and test everyone's ability to explain. The original question is a multiple-choice question, but since it is used for an interview, it must not be relied on, and the reason for the choice must be explained clearly. If the reason is wrong, even if the answer is correct, it is considered a failure. ”

In order to show selflessness, Nan Xiaoyuan said the idea of today's proposition, and then sent the roll down. When it was over, she didn't forget to remind her.

"Everyone must pay attention to the trap here, this question was a candidate question last year when Dean Gong was a member of the examination team - in the end, because it was too difficult, it was not selected for the official paper of the judicial examination. ”

The students of the law school basically know the faculty of this school.

Dean Gong is in the school, that is a transcendent existence, and he usually leaves things to the executive vice president to take care of.

This is because President Gong's original administrative rank was higher than that of President Song, and he once served as the president of the Provincial High Court and was a provincial-level cadre, while Jinling Normal University was only a provincial university, and President Song's administrative level was only at the department and bureau level. At the beginning, President Song still begged his father to tell his mother, so he hired the retired Dean Gong back and put the name of the dean of the law school.

Just like the "academician workstations" of various universities, they only use their names to earn funds and levels, but in fact, they only see academicians for two days a year.

However, President Gong still has residual enthusiasm in the judicial administration system, and he still participates in the work of the Ministry of Justice all year round.

So when several interviewers heard the origin of Nan Xiaoyuan's question, they were all in awe. After all, the most difficult questions in the judicial examination are often more than ninety percent, that is, only a few out of 100 candidates can answer correctly. How insidious is it that this question was rejected because it was too difficult?

got the paper, Feng Jianxiong, like everyone, roughly reviewed the question stem, which seemed very simple.

"After a hijacker hijacked a flight with bombs, guns and other weapons. Because of his own self-esteem, he needs to develop his accomplices. He singled out a male passenger and ordered him to kill another female passenger next to him as a 'letter of surrender' and punishment for the military police on the ground for not cooperating with the conditions set by him.

The hijackers also claimed that if the male passenger did not kill the female passenger, he would have detonated the plane and killed everyone. It was later determined that the hijacker had the ability and motive to carry out his threats.

In this critical situation, the male passenger had exhausted all possible escapes, and the attempt failed, and he had to sacrifice the woman in exchange for the lives of all the people on board.

I ask which of the following statements does this man's conduct constitute: A. coercion of an accomplice, B. justifiable self-defense, C. emergency avoidance, D. lack of expectation, E. coercion of an accomplice, but there are legal reasons for exemption from liability, and F. coercion of an accomplice, but can be exempted from punishment. ”

If it's a normal bar exam question, it's over here.

However, there is also an appendix on the volume that Nan Xiao took out, on which it is clearly written "legitimate defense", "emergency avoidance", "coercion of accomplices", and "there is no possibility of expectation...... and a whole bunch of legal concepts in terms of explanations.

In other words, this question does not test any endorsement ability, the conditions are all told to you, and the key is the ability to analyze word by word.

Although the man killed someone, he was obviously forced to be helpless, and he didn't think about it. A boy who participated in the interview read it softly, and he didn't know whether he really thought it or misled others.

The other girl who heard it pouted, and subconsciously realized that it was someone else trying to mislead her: "Hmph, this question is obviously an emergency avoidance! First of all, although the man's own life is also in imminent danger, his solution is not to fight back against the aggressor, how can it be legitimate defense? So this interference was eliminated at once. And sacrificing an innocent, smaller interest for the sake of a greater personal and even public interest is obviously an emergency avoidance!"

However, Nan Xiaoyuan has repeatedly emphasized that this topic is very insidious.

So even if they think the result is obvious, no one dares to answer rashly for a while. Instead, I started to make up for it.

"Could the hijacker be mentally ill? The man himself is incapacitated? What else is there for the woman...... No, it's not mentioned in these stems, so you shouldn't think about it......"

Five minutes later, Nan Xiaoyuan announced that he had stopped writing.

"Let's all talk about our answers, one by one. ”

Nan Xiaoyuan seemed to know that Feng Jianxiong was of a high level - after all, he had also watched the school debate tournament - so he and Yu Meiqin were ranked last.

The remaining three interviewees answered one by one, and one of them finally struggled again and again, still choosing "coercing an accomplice but exempting from criminal responsibility", and the other girl chose "emergency avoidance".

Of course, they have done everything they can to explain it – and they suspect that the difficulty of the problem is not the options, but the explanations.

The third interviewer was a sophomore boy who seemed to have a slightly more solid foundation. He chose "no expectation possibility", but it was obviously blind, and he did not give a clear reason.

Nan Xiaoyuan never commented, she had to wait for the five of them to finish, so as not to parrot the people behind her—although everyone's explanation outline had already been asked to be written.

"The fourth, classmate Feng Jianxiong, you say. Nan Xiao looked at him with a little expectation, as if expecting him to work a miracle.

In September, Dean Gong gave some of the top students in the academy a test, and there was no one who was right.

Feng Jianxiong stood up and cleared his throat: "In my opinion, the behavior of the coerced man in this question belongs to 'no expectation possibility' from the perspective of criminal law, that is, he cannot be expected to do other legal patterns of behavior. ”

"Why?" Nan Xiaoyuan continued to routinely ask, why is the key.

Feng Jianxiong took a breath and talked eloquently: "There is no need to distinguish between coercion and justified defense, right? I think the most insidious difficulty in this question is to distinguish between the two distractors of emergency avoidance and not expecting possibility.

One of the elements of emergency hedging is roughly 'to sacrifice a lesser legal interest of oneself or a third party in order to prevent a legitimate and legitimate legal interest from being infringed'. So, the key here is 'sacrifice' – the sacrifice here is a sacrifice in the legal sense, not a sacrifice in the literary sense. It does not mean that whoever dies for someone else's or for a righteous purpose is called sacrifice.

Legal 'sacrifice' is a process of weighing: in order for B not to be damaged, A is abandoned, and the A that is given up is called 'sacrifice'.

But what about the title? The hijacker said that if he didn't kill the man's female companion, he would blow up the plane and kill everyone - including this woman. Therefore, whether the man kills his female companion or not, this female companion has to die, and the difference is only whether the other passengers on the same plane want to die.

No matter what the man chooses, she will die, so her death is not a sacrifice, and therefore cannot constitute an 'emergency avoidance', but only 'objectively does not have the possibility of expecting the man not to kill the woman'. ”

"Papapa~" Nan Xiaoyuan couldn't help but applaud.

The reason Feng Jianxiong said is in line with the standard answer.

She was wrong about this question at the beginning. It's just that no one reminded her at the time that "this question is very insidious", and it only took her two minutes to choose "emergency avoidance".

"Now that my attitude is clear, it seems that the interview in the future is not necessary, and the last one is ...... Well, Yu Meiqin, give me your answer outline to read. ”

Yu Meiqin responded by handing her answer sheet to Nan Xiaoyuan, Nan Xiaoyuan took a general look, the answer is the same, the wording of the explanation is slightly different, but the reason is also correct.

Obviously, this dog man and woman already have the potential to be lawyers, and they can dig out all the points of yin enemies as much as possible from every word.

Nan Xiaoyuan announced with a smile: "Feng Jianxiong, Yu Meiqin, these two classmates have been selected. The other three students who answered incorrectly also thank you for your support, but it's a pity...... In addition, Nick Shi will stay alone, you didn't accept the challenge of this question just now, I will test you separately. ”

……

15 minutes later, downstairs in the complex, Shi Nicole left with a tired but relieved face.

Feng Jianxiong and Yu Meiqin were already waiting for her there.

"How's it going?" asked Yu Meiqin with concern.

"I'm over too!" Shi Nicole rushed up and hugged Yu Meiqin, and twisted around twice like candy, "It's really lucky, Senior Sister Nan originally thought that it was not enough to recruit two people." My strength is actually not very good, but she saw that I was very cautious, barely enough, and everyone else was eliminated, so she left me behind. ”

After that, Shi Nicole straightened her hair, turned to Feng Jianxiong, and said shyly and earnestly: "Brother Xiong will take care of me more in the future, I will definitely not be able to find a case myself." ”

"Don't worry, as long as you are willing to do it, you can endure hardships, are you afraid that you have nothing to do. Feng Jianxiong was relieved easily.

This ending is not bad either.

Although Shi Nicole does not have the ability to enter the school team, after all, she can continue to have a threesome in the legal aid center.