Chapter 1381 Amendments to the Criminal Code
Lu Zheng's proposal. In addition to drunk driving, another crime was mentioned, and Fan Yiyi yelled yes
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"Whoever drives a motor vehicle while intoxicated on the road or drives a motor vehicle on the road to chase and race, and the circumstances are heinous, shall be sentenced to short-term detention and a concurrent fine. where serious consequences are caused, a sentence of between three and seven years imprisonment is to be given, and the consequences are especially serious. He shall be sentenced to fixed-term imprisonment of not less than seven years, life imprisonment or death. ”
This is the original text in Guo Zheng's proposal, which makes this one of the crimes of traffic accidents in the Criminal Law.
The content of the formal amendment to the Criminal Code is relatively simple, with only a few lines. A dozen pages of manuscript. The main purpose is to explain the proposed additional offence.
In the text of his explanation, Guo Zheng deliberately cited the case that happened in front of Capital Normal University. There is a relatively detailed description of this case, and a full description of Liu Jun's righteous and courageous behavior is also made, including many words of praise for Liu Jun, which are highly evaluated.
Yoo Jun looked very carefully. This, also under the influence of Mr. Zhou Yifei, the old master's spirit of learning is meticulous, Governor Liu tied his hair under him and was taught, for two years, naturally to learn this good habit.
For some reason, when Liu Jun read the manuscript quietly, Guo Zheng was always a little uneasy in his heart. It seems that the young man opposite always has a faint aura of coercion.
In fact, although Liu Jun restrained his smile. The face is still very calm, without any waves.
Perhaps it was this private tranquility that made Guo Zheng uneasy.
"Professor Guo, for this proposal. I have a few different opinions. ”
After about twenty minutes, Liu Jun finished reading the last page of the manuscript, pondered for a moment, picked up the manuscript again, and quickly skimmed through it from beginning to end before putting down the manuscript. Look at Guo Zheng. Said slowly.
Guo Zheng was stunned and naturally straightened up. said: "Please instruct Governor Liu!" ”
"Hehe, Professor Guo is polite, he doesn't dare to give instructions, it's just a discussion." Liu Jun waved his hand, showed a gentle smile, and then said, "First point, I think this proposal. It's not very mature, and the operability is relatively low! ”
Guo Zheng couldn't help but be stunned for a moment. He thought that Yoo Jun would tell him some big truths, or even make a fuss. After all, Guo Zheng himself knows the inside story of this matter. The person who sent him over to meet Liu Jun was also a big man, and basically handed him over. If Liu Jun was angry with him, Guo Zheng would understand. Thinking about it from another perspective, he stood in Yoo Joon's current position. I won't be happy either.
This matter, they directly pointed to Liu Jun's foundation.
If Yoo Jin-jae fails to go further at this year's National Party Congress, it will be a defeat for the entire faction and an unbearable defeat for the young vice governor in front of him.
When Guo Zheng accepted this task. It's also quite a lot of thought. Guo Zheng also thought about the danger of this task. If you don't do it, you will become "cannon fodder"! It's just that people offered very generous conditions and pinched his pigtails, Guo Zheng didn't have much choice and had to come.
"Please make it clear to Governor Liu, why is the operability relatively low?"
"Professor Guo's amendment is for drunk driving that puts public safety in danger but has not yet caused an accident, but the act of drunk and chasing and racing is aggravated before it constitutes a crime. So what is a "bad circumstance,?" How bad is it? Is it bad to hit someone or cause a major accident? This obviously violates the original legislative intent of protecting people's livelihood, and if such a provision is made, in order to be correctly applied in judicial practice, one can only hope that judicial interpretations will explain what is a heinous circumstance, which provides a lot of space for judicial interpretations, which is not appropriate. ”
Liu Jun said slowly.
Guo Zheng hurriedly said: "Governor Liu is very reasonable, this is something we owe to consider." When I go back, I'll revise it again and make it more detailed. ”
Liu Jun glanced at him, noncommittal, and continued: "Moreover, the act of drunk driving itself is not easy to define. How can you be sure that the driver is driving under the influence of alcohol? What is the concentration of alcohol in the blood to determine whether it is a drunk driver? Some beverages also contain a small amount of alcohol. If there are no quantifiable indicators. Drivers are likely to inadvertently consume a drink with a very low alcohol content and will also be judged as drunk driving. This is unfair to many drivers. The original intent of the legislation is first and foremost to ensure fairness, right? We can't take it for granted that the driver is on the opposite side and then sanction him! ”
Guo Zheng's brows furrowed. Yoo Jun is going to fundamentally overturn their proposal. But what Liu Jun said is also very reasonable, Guo Zheng couldn't think of any hard reason to refute it for a while.
"In addition, there is another fact that we have to face up. That is, the quality of our law enforcement team. The quality of traffic police in many places is uneven. Drinking, as a physiological behavior, can become untraceable over time. It cannot be ruled out. Many new legal provisions will be used as a tool for personal gain by some people who are not of high quality. For example, in the event of a traffic accident, the police must determine whether the driver has been drinking alcohol or not. After a period of time, the alcohol in the driver's body evaporates or is emptied. We can imagine in case a law enforcement officer misjudges. How can a driver who has not been drunk be characterized as drunk driving, how can the driver prove his innocence? In this case, there is too much room for human manipulation. It is also contrary to the principle of fairness
Guo Zheng hurriedly said: "Governor Liu is too worried. We can foreshadow this by regulating law enforcement behavior,"
"Regulate law enforcement behavior? hehe
Liu Jun smiled indifferently and disagreed.
Standardize law enforcement behaviors and say it in Guo Zheng's mouth. Just a few words in one sentence, in the real practice process, the difficulty is great, beyond imagination. Even he, a long-time local parent official, is deeply troubled by this, let alone a literary worker like Guo Zheng.
Liu Jun's sudden "disdainful" demeanor stimulated Guo Zheng's nerves and made him feel very uncomfortable. As a senior reporter of "Tiannan Current Affairs", Guo Zheng understands himself very well. The lethality of the title. A lot of officials I've seen in the past. He was in awe of him, and he was polite to ten points. If there is any scandal reported by "Tiannan Current Affairs", Gaine will directly "go to heaven".
"Tiannan Current Affairs" is supported by Tongtian people.
Otherwise, where would such an alternative publication survive to this day?
However, from the moment I met Yoo Joon. Although Liu Jun maintained politeness in etiquette and disapproval in his demeanor, he was always visible. Guo Zheng has never encountered such a positive challenge.
Guo Zheng opened his mouth and was about to speak, when Liu Jun spoke again.
The definition of "another night" drag racing is also very vague. "Chase and race. How should this expression be judged in judicial practice in the future? For example, on the highway, if the speed limit is not exceeded, and two cars in front and rear are chasing each other, is this a chase? Speeding by more than 10 percent, more than 50 percent. Or more than doubled. Can it be considered drag racing? This is also difficult to grasp in judicial practice. The legal requirements should be clear and operational, not too conceptual. Especially important. After a traffic accident caused by drunk driving or drag racing. How to distinguish it from ordinary traffic accidents? According to Professor Guo's proposal, drunk driving and drag racing caused traffic accidents. It is far from the punishment for ordinary traffic accidents. At present, the maximum penalty for traffic offences under the Criminal Code is seven years in prison; In Professor Guo's proposal, the maximum penalty is the death penalty. This one. Middle. If it is not grasped well, it will cause a lot of unjust cases, and even unjust killings. This is a very serious problem. It turns out that the head falls to the ground, and it can't be picked up, so I suggest that Professor Guo think about it comprehensively. There is no need to rush to put forward such a very premature amendment at this NPC session. The amendment of the Criminal Law is a very serious matter, and we must be cautious and cautious. Of course, I myself am not opposed to the drastic punishment of drunk driving legislation, but it is necessary to legislate carefully. What does Professor Guo think?
Guo Zheng replied: "Governor Liu, thank you for your rigorous analysis of this amendment. Your opinion. It inspires me a lot. I'll hurry. As far as possible, this amendment should be revised and perfected before the National People's Congress convenes next month. Personally, I believe that this amendment is of great significance to ensuring road traffic safety, and that its early implementation can save many innocent lives. ”
Yoo Jun picked up the teacup in front of him and took a sip. looked at Guo Zheng and said: "Another point, I don't agree with Professor Guo mentioning my things in the relevant explanatory text. Acting courageously in the face of righteousness is the basic code of conduct that every party member and even every citizen must follow. I've just done my part, and I don't deserve such fanfare. This does not have much practical educational significance, so there is no need to raise it at the NPC session. ”
Guo Zheng's eyes narrowed
Accept this. After the tricky task, Guo Zheng did some basic understanding of Liu Jun. According to all indications, Yoo Jun is by no means a soft character who is easy to handle. This man's tactics are tough. The fierceness of striking opponents is outstanding among the rising political stars. It is not an exaggeration to say that he is ruthless in his fight against the enemy.
Now that he clearly expressed his attitude, opposed this proposal, and exposed him from time to time, Guo Zheng's heart sank completely.
Yoo Joon, and didn't give him an ambiguous answer. That is, he was not given any extra choice.
Is it a friend or an enemy, in Guo Zheng's thoughts!
"Governor Liu, submit a bill at the National People's Congress. It is the power that the law gives us as deputies to the people's congress! ”
After a while, Guo Zheng said flatly.
Liu Jun smiled, and in a flash, his eyes had become as sharp as a blade.