Chapter 605: Divergence
Next, it was a little interesting, Zhang Kehua and Ma Shangkui, the two giants of the accident brigade, started an offensive and defensive tug-of-war. Pen, fun, and www.biquge.info
Zhang Kehua is inclined to humane characterization, he thinks so, this accident is obviously not intentional, it was caused by negligence, although the consequences are serious, but it can be considered to be flexible, don't beat people to death with a stick. It's not easy to have a job in your life, so you smash your job, what should you do with the family? Of course, his leading opinion is also a kind of discussion, not a final word. But Ma Shangkui listened to it and openly disagreed, which made Zhang Kehua a little embarrassed. He said that it is a violation of the criminal law to cause such serious consequences, and if the law is strictly enforced, how can it be emotional?
Objectively speaking, from a principled standpoint, Ma Shangkui's views and practices are undoubtedly correct, because there is no need to elaborate on the strictness and fairness of law enforcement. However, from another point of view, it is not impossible to say. From what angle? That is, from the perspective of humanized law enforcement, it does not mean that law enforcement should pay attention to a social effect on the basis of strict requirements, and we cannot fall into the vicious circle of striking for the sake of cracking down and punishing for the sake of punishment, artificially creating side effects of law enforcement, making the chicken and dog restless, and the social harmony factor must also be observed and reflected. This is also the fundamental basis for the principle that many suspected crimes are never enforced, and law enforcement cannot be enforced for the sake of law enforcement, and at the same time, it is necessary to take into account the purpose of law enforcement and what law enforcement is for. Specific to this matter, as we all know, it is just a traffic accident, because of a moment of negligence or a tragedy caused by paralysis and carelessness, subjectively it is unwilling to happen, therefore, the subjective malignancy and social impact are not too bad, if it can maximize the effect of humanized law enforcement within the allowable range, it is also an option. In view of this motivation, as long as the compensation for the accident in the later stage is in place, it is more practical to pay the compensation in full or even in excess! Specific to this traffic accident, the driver and related people, as well as the accident brigade have such an original intention, the driver is willing to pay more money to make up for the negligence, and the injured party is also willing to get more compensation to get benefits, so why not?
In view of this, Zhang Kehua first said that everyone knows very well the cause of the traffic accident that hit the tree by the lakeside, which was caused by the driver's temporary neglect, and does not involve other factors, neither alcohol, nor drugs, nor intentional, not suspected of drunk driving, drug driving, and not suspected of intentional crimes, and the subjective malice is not too bad. Although the consequences are serious, the driver also regrets it very much, has a deep understanding of the crime he has committed, and is willing to make up for the fault with the greatest sincerity, compensate for the loss, bear the responsibility for the traffic accident, and maximize the social benefits. Personally, I believe that more consideration should be given to making up for the victim's economic losses, which is probably the fundamental purpose of dealing with the traffic accident, and it is more appropriate to focus on social benefits and individual compensation in law enforcement.
When Zhang Kehua put forward this leading opinion, before anyone else could express his opinion, Ma Shangkui first put forward his own opinion.
Ma Shangkui coughed first, and then opened his throat and said slowly, I'm afraid it's a bit inappropriate to determine the responsibility for the traffic accident in this way. Everyone is an old accident, why can't you think so, I don't say the truth, everyone should be clear. He paused again and glanced at him. Everyone quickly turned their gaze to the corner, or lowered their eyes with a blank expression, because no one could face such an embarrassing situation. Seeing this, he took a cigarette from the box placed on the table, picked up the lighter on the table and lit it, without asking anyone else if they could smoke or whether it was appropriate to smoke on such occasions. Zhang Kehua didn't squeak, and was also expressionless, obviously waiting for Ma Shangkui to continue. Ma Shangkui will definitely continue to speak, his temperament is known to everyone in the universe. Ma Shangkui didn't put the cigarette in his hand on the ashtray until he felt comfortable, blinked his eyes and continued, Why do I say this? It is because of the extensiveness of traffic accident law enforcement, in today's society, traffic accidents are everywhere and occur at any time, and their social impact is undoubtedly extensive. Therefore, when dealing with a traffic accident, it is particularly important to demonstrate fairness, justice and legality, otherwise, it will have a considerable negative impact, and it can be said that we have vital power in our hands. This is not only a public power, but also a social responsibility, and we have no right to abuse this power, otherwise, it will be a crime against the people and it will be unforgivable.
Ma Shangkui said in a low voice, as if this was the main battlefield of his life game, and he was the captain. It can be said that he completely denied Zhang Kehua's opinion, and it was naked, which was obviously very embarrassing for Zhang Kehua. It can be seen that Zhang Kehua forced himself to endure the unhappiness in his heart and reluctantly smiled, and then turned his eyes around and said, see what everyone's opinions are.
When discussing traffic accidents and determining the responsibility for accidents, the principle of the minority obeying the majority is generally followed, especially for major traffic accidents, and everyone needs to take responsibility for the critical moment, which is clearly understood by everyone. It is necessary for Zhang Kehua to solicit everyone's opinions, and at the same time, everyone's opinions are very important to him. In this way, everyone here will be embarrassed, and no one will be able to express their opinions, there is no doubt about it. Obviously, next, everyone can't express their position, sighing one by one, just not squeaking. In fact, in the identification of this accident, Zhang Kehua obviously made a fatal mistake, that is, it should not be done in one step. The best way is to either talk to Ma Shangkui individually first, and then ask for everyone's opinions after reaching an agreement; Or, instead of expressing one's views first, listen to everyone's opinions first, especially listen to the opinions of the host police, and then talk about one's own views after the host police put forward their leading opinions. Of course, it is equally important to communicate with the host police, generally speaking, the opinion of the host police is very important, his opinion is the final opinion, and it is necessary to consider the complex traffic accident comprehensively.
In view of the fact that continuing will only become more and more passive, Zhang Kehua has the intention of going and does not want to continue the discussion. However, he didn't know how to exit for a while, and when he was hesitating, his mobile phone suddenly rang, so he stood up and pushed the door and went out to answer the phone. Seeing this, everyone got up one after another, either to go to the toilet for some reason, or to turn around and go to their office to pretend to get something, or to stand up and stretch their waists and stretch their muscles, and the conference room was suddenly chaotic. When Zhang Kehua turned around again, he waved his hand and said that he was going to hold an emergency meeting, and this time the discussion of the case was suspended, and it would continue at another time. After saying that, he left in a hurry with his briefcase. (To be continued.) )