Chapter 444: The Taste of Pears

Huang Dabiao said: "In fact, although the legal provisions are very clear about the protection of the rights of criminals, it is sometimes difficult to enforce them. For example, if a criminal steals property and then runs away in a car, should the victim chase after him? Definitely to catch up. In the process of chasing, the criminal escapes due to speeding, and a traffic accident causes injury or death, should the victim bear legal responsibility? If there is to be responsibility, it means that the victim cannot chase after him, and the victim can only escape smoothly from the criminals, which is obviously not in line with justice and legal principles. ”

He paused and continued: "Also, when criminals kidnap hostages, if they do not listen to advice, do not lay down their weapons, insist on not releasing the hostages, but insist on harming the hostages, in this case, should the police take decisive measures and shoot the suspects?" Of course, decisive measures should be taken, because the protection of the right to life of criminal suspects cannot be based on depriving the hostages of their right to life, otherwise, it will be a disregard for the legitimate right to life of the hostages! ”

Zhang Zheng interrupted Lao Huang's words and said: "I said Comrade Huang Dabiao, let's talk about it, haven't you answered the question on how to protect the rights of criminals? ”

Huang Dabiao replied: "On the question of how to protect the rights of criminals, I personally believe that after he is arrested, he should begin to provide legal protection, and during his crime or when he resists, his rights should not be protected by law, that is, when criminals infringe on the rights of others, their own rights will also lose the protection of the law, and only in this way can citizens be encouraged to fight against illegal acts." ”

Captain Zhang Jin interjected: "What Huang Dabiao said makes sense. Especially for SWAT criminal police, there is a lot of pressure in the process of law enforcement, this pressure does not come from the criminal suspect, but from the legal problems in the process of law enforcement. Many people, especially those in the legal profession, generally believe that sticks and knives are primitive instruments that are not enough to threaten people's lives, and that they should not be shot, and that criminal suspects should be stopped or captured by other means, otherwise they are abusing firearms and disrespecting the human rights of criminal suspects. This is mainly the reason why police casualties caused by fighting bad guys with their bare hands have been on the rise in recent years. ”

Zhang Zheng said: "Since those people in the legal profession do not think that swords and sticks can threaten people's lives, then let them have a test on the spot, let them try, whether they can kill them with knives or sticks, I dare to conclude that these guys who play tricks will never dare to test the knife and stick with their bodies." Besides, if these primitive weapons could not cause casualties, the ancient Chinese army could still fight? Because at that time, there were only primitive weapons such as swords, guns, swords, and halberds. ”

Huang Dabiao smiled: "I agree with Mr. Zhang's proposal!" He said that if you want to know what pears taste like, you have to taste them with your own mouth. Whether swords and clubs can threaten people's lives can only be tried for themselves! ”

Zhang Zheng, Huang Dabiao and Zhang Jin's discussion of Chinese laws and regulations aroused great interest among the onlookers, and some people couldn't help but start to make a high argument A middle-aged man said: "I agree with the opinion of the policeman surnamed Huang just now, criminals have human rights, this is an indisputable fact, and it is reasonable that they need to be protected, but don't forget that when they commit crimes, threaten the human rights of others or resist, their human rights should no longer be protected by law, so we can't talk about human rights in general. The protection of this right is lost with the commission of the wrongful act. ”

An old man said: "I agree with this comrade's point of view that the human rights of criminals cannot be protected by pan-human rights, and if the law only emphasizes the human rights of bad people, and cannot beat or scold them, it will make bad people have nothing to fear." This phenomenon is now becoming more and more serious, and the citizens are being sentenced for acting bravely, and the police are being sentenced for the death or injury of criminals due to law enforcement, and there are more and more cases of compensation being awarded, which has seriously affected the enthusiasm of citizens and police to fight against bad guys. Citizens have opinions about the inaction of the police when they encounter criminals committing crimes, and they stand idly by in the face of criminals committing crimes, saying that people are indifferent, but have you seen that the current law is encouraging crime, not encouraging the struggle against criminals? ”

Zhang Jin took over and said: "In order to protect the rights of criminals, the Criminal Law stipulates the provision of limited defense, that is, the premise of legitimate defense is not exceeding the necessary limit. However, in judicial practice, it is very difficult for judicial personnel to determine whether the defensive act exceeds the necessary limit, especially for the defender who is suffering an unlawful infringement and is in a state of emergency, how to judge what is necessary and what is more than necessary. ”