"Just in self-defense?"

Hearing these four words, Meng Yi and the officials of the Criminal Department frowned slightly.

Although they vaguely realized the general meaning of these four words from the literal meaning, they were still confused. That is, what is justifiable defense?

"That's right, just in self-defense!"

Li Yang nodded and explained: "Legitimate defense, also known as self-defense, or self-defense. It refers to the act taken to stop the unlawful infringement against the person who is carrying out the unlawful offense, and such conduct is justified defense, and where the justifiable defense causes damage to the unlawful offender, criminal responsibility may not be borne. In this way, the deficiencies and deficiencies of the law on the crime of private fighting have been corrected and filled. ”

"Wonderful, wonderful, haha......"

One word seemed to wake up Meng Yi, making him suddenly clap his hands excitedly, and exclaimed: "Good way, this is really a wonderful good way!" ”

Meng Yi was surprised and delighted, a legitimate defense, doesn't it just perfectly distinguish what is a private fight and what is a legitimate counterattack?

Moreover, this law of justifiable defense directly covers the legality of counterattacks in various situations. This does not have to limit the type of counterattack one by one, and it is not illegal.

It's a brilliant way to simplify the complex. A law makes a counterattack in many situations legal.

High, really high!

At this moment, Meng Yi's eyes were full of admiration when he looked at Li Yang.

Of course, the officials of the Criminal Department under the hall are also impressed by Li Yang's talent, and what they admire is the five-body surrender.

The wisdom of a seemingly extremely complex problem to be perfectly solved in an instant is simply amazing.

Moreover, it can also be seen that Li Yang's mastery of Legalism is obviously to the realm of flexibility and unfathomability.

All of a sudden, everyone deeply felt that in the application of the law and the formulation of the law, compared with the king of Zhenguo, they were ashamed of themselves.

At that moment, Meng Yi and the officials of the Criminal Department took a deep look at each other and admired: "Zhenguojun is really a god, and the magic plan is at your fingertips, I can't wait to sigh!" ”

"Hahaha......"

Li Yang laughed, waved his hand, and said modestly: "You have won the award, how can this gentleman be compared with the gods, after all, this method, I also took three breathing hours to come up with, it is not worth mentioning, it is not worth mentioning." ”

Three respites ......

Hearing this, Meng Yi was almost choked by these words.

In the interval of three breaths, he came up with such a clever plan, and he actually used the word "sufficient", which ......

He suspected that Zhen Guojun was deliberately pretending, but there was no evidence.

Meng Yi's expression was stunned, and he had to subconsciously say: "My lord is too humble." ”

"You're welcome!" Li Yang waved his hand very arrogantly, for these sycophants, he didn't have a lot of colds for a long time, and couldn't help but sigh with emotion: "It's still you ordinary people who are powerful, this gentleman can just say a way, you can all shoot a wonderful sycophant, I really don't accept it." Okay, let's get down to business. ”

"............" Meng Yi and a group of officials suddenly had a feeling of wanting to die.

Li Yang straightened up again and said: "Legitimate defense is just a concept, and in terms of specific rules, you still need to work out the corresponding explanation in detail from your criminal department. For example, the act of defending against an ongoing assault, homicide, robbery, forcible female involvement, kidnapping, or other violent crimes that seriously endanger personal safety can be regarded as legitimate defense and do not bear criminal responsibility. ”

"I'll make a note of it." The official of the Criminal Department immediately responded.

Li Yang said: "Of course, blindly pursuing legitimate defense will not work. It's impossible for someone to slap you first, you have to fight back with a knife and stab someone to death, right? Therefore, the nature of private fighting and legitimate defense still needs to be clearly distinguished. ”

Everyone nodded in agreement, very much agreed.

Meng Yi said: "This is simple, all fights that arise from fighting and disputes can be regarded as private fights. Any act of stopping a crime or committing a crime can be regarded as legitimate defense, so that a clear distinction can be made between private fighting and legitimate defense. ”

Li Yang nodded: "Yes, you can figure out the details yourself." In addition, there must also be a degree of justifiable defense, for example, if someone kills someone and you fight back and knocks him out, or if the other party has lost the ability to attack, this naturally can no longer be justified defense, but excessive defense, so there must be an explanation for excessive defense. ”

After hearing this, everyone nodded in deep admiration.

This excessive defense can be said to correct and supplement the law of legitimate defense, and it is really too important.

To be honest, everyone had to admire Li Yang again.

A simple law, but he can instantly think of the shortcomings and defects in this law, and correct and supplement it, this ability, if you don't witness it with your own eyes, you don't dare to believe that he thought of it temporarily, but will think that he came up with it after careful consideration.

Everyone once again glanced at Li Yang with deep admiration. I originally wanted to praise again, but when the words came to my mouth, I swallowed it again, because I was worried that Li Yang would say that they were sycophants again.

Looking at everyone's admiring expressions, Li Yang was accustomed to it. At the same time, he also thought that in later generations, in the implementation of the law, there were often situations where it was difficult to identify legitimate defense, and in the implementation, it was quite common to be biased towards the crime of intentional injury, and it was rare to see a judgment on legitimate defense, so Li Yang couldn't help but add: "One thing must be paid attention to, legitimate defense must be clearly defined and not ambiguous, and it is necessary to put an end to the phenomenon of 'whoever can make trouble is justified' and 'whoever is killed or injured is justified', and resolutely defend the spirit of the rule of law that 'the law cannot yield to the lawless'!" (PS: I don't mean to criticize the law of later generations, but I have always believed that the law is made by man, so it is impossible to be perfect, and it is acceptable to be imperfect, but when we know that there is a struggle and there are problems, we should need to constantly correct and supplement them, so that the law can be gradually optimized.) On September 3, 2020, the Supreme People's Court issued guidance on the application of the justifiable defense system, which is a step forward. Finally, I am a person with patriotic feelings, and all the reform methods in this book are actually from later generations, so it also means that I agree with the reform policies of later generations. ）

"Whoa!" The crowd should be at once.

At this time, Li Yang nodded with satisfaction, turned his head and beckoned to the woman outside the lobby, calling her to enter the lobby of the Criminal Department.

When the woman entered the lobby and saw a group of officials, she was naturally a little scared.

However, she was anxious to save her husband, and she still didn't forget to say anxiously: "Zhenguojun, it's the end of autumn now, and my husband will be beheaded soon, and I hope Zhenguojun can save my husband as soon as possible." ”

"Don't worry, the Criminal Department will order the Shandong side to retry this case."

Li Yang comforted.

At this time, Meng Yi asked the woman, "Which county is your husband's case tried by?" ”

The woman said: "It was originally tried by the Langya County Government, and then transferred to the Yamen of Shandong Province for trial. ”

"Shandong Provincial Yamen?" Li Yang and Meng Yi were both stunned, a little surprised, how could this ordinary case be transferred to the province.

You must know that in the Qin State, there is no procedure that can be appealed as in later generations. And the case of this woman's husband is very powerful, Langya County tried it, and then transferred it to Xing Province, and then she even went to Gyeonggi to appeal, it's just a cow.

As if seeing everyone's confusion, the woman said: "It was the public loser who helped the husband of the civil wife to submit the case to the provincial yamen, but the provincial yamen also said that the law was so, so the original verdict had to be upheld." In the end, the lord said to the people's wife, "There is only one person in the world who can save my husband, and that is the king of Zhenguo." Thereupon...... The women came to Xianyang. ”

Hearing this, Li Yang suddenly realized.

However, she was a little curious, because the person she mentioned, Li Yang was naturally very familiar with, and he was the public register of the Daqin Engineering and Manufacturing Agency.

So he hurriedly asked, "The public loss register of the Engineering and Manufacturing Department?" What is the relationship between your family and the public loss book? ”

"Yes, the husband of the civil woman is a craftsman in the shipyard." The woman replied.

"I see!" Li Yang finally understood it completely.

In other words, if it weren't for the idea of the public loss book, this woman would obviously not have thought of coming to Xianyang to find herself.

At this time, Meng Yi asked the woman's husband for his name, and then immediately wrote a letter from the Criminal Department, which roughly meant that the Shandong Provincial Yamen would put the case on hold for the time being, and then make a decision after the new revised law came out.

After writing this order, a personal guard came, and Meng Yi handed the order letter to the personal guard, saying: "Quickly pass this order to the Yamen of Shandong Province!" ”

"Whoa!" The guards were ordered to go.

After doing all this, Meng Yi said: "Okay, I will order Shandong Province to put your husband's case on hold for the time being, and retry it in the near future, you can go back with confidence." ”

When the woman heard this, she was overjoyed, but she still asked again: "Will my husband be acquitted?" ”

Meng Yi said: "As long as the case is as you say, then it should be acquitted." ”

Hearing this, the woman finally breathed a sigh of relief, and then pounced, knelt down at Li Yang and Meng Yi, kowtowed desperately, and thanked her repeatedly.

Li Yang hurriedly helped the woman up, seeing that she was holding the child, Xianyang was thousands of miles away from Shandong, and it was not easy for the mother and son to go back, so he ordered the Criminal Department to arrange a carriage and give it to the woman.

In this way, the woman's case was satisfactorily resolved.