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"Boss, I think what the judges have done is too bloody and cruel, although they claim to be the embodiment of justice, but what they do is to defy national law and trample on public knowledge, I think this illegal organization should be banned." Huang Xinpei, who finished reporting on the Chu Xiongwo case, couldn't help but complain to the judge group who had never touched any meat so far.

"What Xin Pei said, I also know a little. The judge is not a legally registered organization, and banning it is the proper meaning of the topic, and the judicial department will deal with it according to law, as for the illegal acts of their members, as long as the evidence is conclusive, they must also be investigated according to law, oh, this seems to be a matter for the judicial department, well, you can arrange it. Wu Chenxuan's words were light-hearted, but Huang Xinpei understood that although the position of the general seat was impartial, the word law outside the words was precisely the biggest obstacle for them to deal with the judge group. Although the jury arrogantly painted the sign at the scene of the crime, and often publicized that it was responsible, but without physical witnesses, it could not form a complete chain of evidence, even if the head of the jury was caught, it would also be refuted by the defense lawyer in the courtroom, and many people in the jury regarded them as underground heroes who defended justice in their hearts, and then there was the lawyer's tongue and lotus, anyway, Huang Xinpei was not optimistic about the prospect of convicting them.

"The two major cases that shocked the whole country this time seem to be unrelated, but they both expose that the concept of non-blasphemy of the law in our official ranks has not really been established." Wu Chenxuan got to the point, and Huang Xinpei and other senior officials of the Ministry of Justice were listening carefully, "I think that our laws, especially the criminal law, cannot adapt to the current social development, and I propose to revise the criminal law to better play the deterrent and punitive role of the law." ”

"So, do you have any instructions on the principles of the revision of the Criminal Code?" Huang Xinpei understands that the boss intends to use the revision of the criminal law to carry out a thorough counterattack against the increasing number of new types of crimes and crimes that have not been punished in a timely manner.

"Well, our judicial department refers to the spirit of the criminal laws of other countries, and after discussing with the elders of the High Advisory Committee, we put forward these basic principles, and ask the seniors of the Ministry of Justice to correct them." Wu Jingxiong has a humble attitude and a humble attitude, but no one dares to underestimate this young man, everyone understands that his mention is the will of the Führer, although it is a democratic empire, but there are only a handful of cattle who dare not treat the Führer as a dish, anyway, several people from the Ministry of Justice present think that they are not qualified.

"First of all, a fundamental principle is: no crime unless the law expressly stipulates, and no punishment unless the law expressly stipulates."

As soon as this principle came out, all the legal experts who were quite slanderous about the general seat interfering in legislation were all bright-eyed, wonderful, legislation in parliament and law enforcement to establish this principle, even if the emperor in the future wants to interfere with the judiciary, there will be an obstacle that cannot be bypassed. Without waiting for the senior officials of the Ministry of Justice to mutter for too long, Wu Jingxiong continued:

"Next, we propose to establish three basic legislative principles of criminal law, namely, the principle of legality of crimes, the principle of equality in the application of criminal law, and the principle of proportionality of criminal responsibility and punishment." Wu Jingxiong said: "Let me first explain the content of the legal principle of crime. That is to say, if the law expressly stipulates that it is a criminal act, it shall be convicted and punished in accordance with the law; Where the law does not expressly provide for criminal conduct, it must not be convicted and sentenced. ”

"The first step is to focus on the exclusion of customary law. The source of criminal law can only be the highest legislative organ, that is, the substantive legal norms of criminal law formulated by the two associations in accordance with the law. In addition to this, other normative legal texts cannot be used as sources of criminal law. In the trial of future cases, the provisions of the law must be strictly followed, and no fabrications or specious applications must be made, and if the provisions of the applicable law are erroneous, the verdict must be based on innocence. ”

"The second is the ex-ante criminalization and the prohibition of ex-post law. Only a law that exists at the time of the act and is in force can have effect for the act that takes place. Ex post facto law against the perpetrator is prohibited, but ex post facto law in favor of the perpetrator is permitted. In the case of retroactive effect, a trial judgment should be made in accordance with the principle of treating the old with leniency. ”

"Once again, it is necessary to strictly abide by the principle of legality of crimes, prohibit analogous interpretations, prohibit unreasonable interpretations, but allow analogous interpretations that are beneficial to the perpetrators. In other words, the judge and the jury cannot make a presumption of guilt by reference to a similar criminal act. This requires that the provisions of our criminal law must be clear and clear, without ambiguity or ambiguity. Punishment of unjustified punishment is prohibited, and cruel and unbalanced criminal law is prohibited. Neither legislation nor justice permits the punishment of acts that do not infringe upon the interests of the State, society or others as criminal acts. It is also necessary to prohibit absolute indefinite sentences. While absolute certainty of statutory sentences achieves general justice, it is difficult to achieve individual justice. ”

"Well, let me interject, the principle and the detailed rules mentioned by Section Chief Wu just now, as a legal bookworm who has studied judicial practice all his life, I will say a word, Si Yan is very good!" The white-haired old man Pu Junchen is a leading figure in China's judicial circles, and his words really made Wu Jingxiong feel honored by Hua Gon. Next, he confidently continued to introduce the proposal for the new amendment to the Criminal Law.

"The second principle is the principle of proportionality of crimes. That is, the severity of the punishment shall be commensurate with the crime committed and the criminal responsibility borne by the criminal. This is also a kind of legal thinking that adapts to people's simple sense of fairness, which is determined by the basic relationship between crime and punishment, and is the need for crime prevention. ”

"I'll interrupt." A guy with a long face raised his gloves and his monocle looked rather funny, but this doctor of law, who had studied in England and Germany, was one of the four great authorities in the field of law today. "Overseas laws are lenient on the conditions for the application of criminal law to persons with limited capacity and incapacity due to mental illness and other reasons. In the history of our country, it has also been considered that children who are too old or have drooping hair should be commuted or exempted from punishment, and I wonder if these special groups of people can be treated differently under the principle of proportionality of crimes. ”

"I'm sorry, but our advice in the Judicial Division is not to let go of any conditions of differential treatment, and to treat everyone equally for the same crime. Our criminal law is the legal basis for punishing criminal offenses, and if we cannot even fulfill the principle of equality before the law, then how can we make everyone have confidence in the fairness of the criminal law? ”

"This is not the same thing at all, Section Chief Wu, I think that the differential treatment of these special groups of people just reflects the fairness of the law, because the society has a lot of unfairness to these people, and if the law is one-size-fits-all for them, it will be unfair. Moreover, the danger to society of these people has been reduced to a very low level after the criminal law or supervision has been reduced, and it is unkind to be too harsh on them to punish them. ”

"Fairness is never innate, and must rely on people's subjective efforts to strive for it. You don't understand the principle of natural selection, so even if someone is in an unfair situation in this society, it is adjusted through civil behavior, and cannot be compensated by giving preferential treatment different from others through criminal law. ”

"However, if a mentally ill person can't even control his own behavior, is it fair to kill and kill people and behead him in a daze?"

"If he is found guilty of murder and constitutes more than second-degree murder, then he must bear the consequences of being sentenced to death. The capital punishment for murder above the second degree is not to help the deceased seek justice, nor is it to give an explanation to the deceased's parents, relatives and friends, let alone to make an example of the deceased, but simply because of the inevitable consequences of his act itself. Our criminal law is to ensure that everyone who offends him is punished the same, not a single point more and never a less.

"It is precisely in this way that the vitality of the law comes from fairness, so one crime and one punishment is like a drink and a peck. If you dare to lift the beams of the house, you must bear the consequences of the roof collapsing. Wu Chenxuan's words were a nail. This principle has been determined, not to mention pretending to be mentally ill in the future, even the upper body of the gods must also act in accordance with the provisions of the law, and the escape skylight of criminals is not sealed to death, but there is no gap left at all. "The same offense is punishable by the same law. The law not only protects legitimate rights and interests equally, but also prosecutes illegal acts equally. Whoever commits an illegal act, regardless of his position, regardless of his wealth, should be investigated equally in accordance with the law, and should not be punished outside the law, nor should he be extrajudicial in his favor, and he should never be allowed to have privileges that go beyond the Constitution and laws. ”

"According to this principle, in the application of criminal law, the severity of the punishment should be organically integrated with the nature of the crime, the circumstances of the crime, and the personal dangerousness of the perpetrator. The principle of proportionality of crime and punishment should be implemented in all aspects of the preparation, sentencing, and execution of sentences. We must eliminate any unfairness. Wu Jingxiong continued his introduction.

"Last but not least the principle of equality before the law. It is based on article 4 of our Constitution: equality before the law. No one is allowed to have privileges beyond the law. Therefore, all persons who commit crimes are equal in the application of the law. No one is allowed to have privileges beyond the law. The legitimate rights and interests of all people should be equally protected, and no discrimination should be allowed. All organizations and citizens should equally enjoy the rights provided for by the Constitution. The rights provided for by the Constitution include personal rights, property rights, political rights, and speech rights. If the Constitution and law only stipulate rights and do not have practical measures to guarantee the equal enjoyment of them by everyone, it is just a fantasy. Criminal law is the most important weapon to protect the effective implementation of the spirit of these laws. ”

"The rights of every human being should likewise be equally protected by the Constitution and laws. The rights of every citizen are protected by the Constitution and laws should be the same, and there should be no favoritism or discrimination. Wu Jingxiong then began to explain the provisions of the Criminal Law that needed to be revised article by article, although there were many debates, but under the guidance of the same legal spirit, they could continue to seek common ground while reserving differences.

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