Chapter 119: Teacher Zhang San, I understand
These viewers are ordinary people with no legal expertise, and after the two events just now, everyone's judgment is completely wrong.
Naturally, in the face of the "Li Si Dog Murder Case", the judgment was a little hesitant.
Because they know that there is a high probability that their judgment will be wrong again.
So is that the answer the opposite?
But why?
Why choose this answer?
I can't say that I use the method of elimination!
According to their point of view, such 880,000 yuan should be a significant amount of property loss.
If Li Si does this, he will definitely be sentenced to life!
However, then again, this is just a pet dog after all, if you kill it, you will kill it, and if you eat it, you will eat it, and it will be good to punish you with a small punishment, but it feels too heavy to sentence a life sentence.
They always felt that something was wrong, but they couldn't say anything different, so they left messages again, asking Zhu Quan not to sell Guanzi:
"Tell me! Teacher Zhang San! Hanging people's appetite is a bad behavior! ”
Zhu Quan smiled "hehe", smiled indifferently, and said: "Of course, my friend Li Si constituted the crime of theft in this "dog theft" case. ”
Zhu Quan first said the conclusion, then paused, and said: "Li Si grabbed the neighbor's pet dog and ate it, only to find out later that it was worth 880,000 yuan. Is this a factual misidentification or an evaluative misidentification? This is a little more subtle than the "duck stealing" incident. ”
The so-called misunderstanding of facts is also a misunderstanding of facts, that is, the facts that the actor knows and intends are inconsistent with the actual situation and objective facts.
Whether such mistakes affect the criminal liability of the perpetrator should be dealt with differently depending on the circumstances:
If it is a misunderstanding of the facts and circumstances constituting the elements of the crime, it will affect the criminal responsibility of the perpetrator;
If there is an error in the understanding of the facts and circumstances other than the constituent elements of the crime, the criminal responsibility of the perpetrator is not affected.
Misidentification of this is the inconsistency between the facts that are recognized and intended by ordinary people and the actual situation and objective facts.
Zhu Quan said at a glance: "First of all, does Li Sizhi know if the dog is a dog? Know! Correspondingly, as in the previous event, whether this dog is expensive or not, it depends on whose judgment? Does it depend on Li Si's judgment or the judgment of ordinary people? Ordinary people, right? ”
"Then do you think that the average person will think that a dog, how much is a pet dog?"
Zhu Quan stopped when he said this, and everyone typed the number in their hearts.
"A hundred, no more!"
"Funny, at least five hundred!"
"I just spent 3,000 yuan last week on a pet dog, Corgi!"
"My dog is worthless, a dirt dog, but the thief is smart, haha!"
"For dogs, I think a thousand dollars is about the same!"
...
Zhu Quan nodded and said, "Indeed, isn't the range of a few hundred yuan, one or two thousand, and up to three thousand all reasonable?" In other words, a dog is worth one or two thousand yuan, is it more reasonable? Therefore, since it is reasonable, then Li Si has at least constituted the crime of theft! ”
Everyone listened with bated breath as Zhu Quan continued.
"The crux of this question is that this dog is worth 880,000 yuan in the end, so does Li Sigou constitute a particularly huge amount of theft?"
Zhu Quan raised another question for everyone.
However, Zhu Quan learned to be obedient this time, did not sell Guanzi, answered directly, and said solemnly: "No!" ”
After hearing this, the audience looked at each other.
Again, that's the problem.
This suddenly raised the value of this pet dog to the level of 880,000, which is so expensive, it is unbearable to say that Li Si will be sentenced to life; But if it really doesn't constitute a crime of theft of a large amount, this is such an expensive dog, and the dog owner is not happy!
So, why?
Give me an explanation!
Then, Zhu Quan smiled faintly, the corners of his mouth rose slightly, and said, "Because how can ordinary people know that a dog is so expensive?" Eight hundred and eighty thousand! Not eighty-eight, not eight hundred and eight, but eighty-eighty-thousand! More expensive than him Li Sidu! ”
"Please imagine that in the city, even if it is an ordinary dog, they are basically too many to be worth hundreds or thousands of dollars, and even... It's not like I'm saying it, it's a market consumption regulation, these dogs now, the hair color is bells and whistles, especially the kind of dogs with green hair and red tails, making hair once is much more expensive than the male students who watched the live broadcast to cut their hair once..."
Zhu Quan was about to laugh when he said this.
He'd heard of it.
Because there are many people in my classmates who have pet dogs, the haircut is 688 yuan, which is still a discounted price after becoming a member!
Zhu Quan was stunned when he heard it!
So much money!
Zhu Quan said that he was able to use the money for more than a month!
However, it was actually the price of a haircut for a dog.
Zhu Quan smiled and smiled, his heart cried, people are not as good as dog series!
At this time, the audience in the live broadcast room also launched a barrage:
"Ma Fei, my heart hurts so much! It seems that this is really the case! ”
"Pet dogs are also much more expensive than people to see a doctor!"
"Teacher Zhang, what you say is too heart-wrenching! We... We... It's not even as good as a special dog! ”
"Woooooo Typical special dogs are more valuable than other people. ”
...
The audience expressed their helplessness.
Zhu Quan continued: "The first thing we should follow in judging cases and convicting criminals in China is the "principle of ordinary people"! ”
In other words, in the eyes of the average person, how much is this pet dog? One or two thousand bucks, right? The value of this dog does not depend on Li Si, nor on you and me, nor on the director of the pet dog. Right? ”
"You said that this dog is worth 880,000 yuan, or more than 1 million yuan, then Li Si also said that this dog is worthless, it is a soil dog!"
Immediately, Zhu Quan changed his words and brought this back to Wang Danluo's "duck stealing" case, and asked: "So, in the same way, students, have you ever understood the key to Wang Danluo's case?" ”
When Zhu Quan said this, the audience and fans who watched his live broadcast, as long as they were not stupid or stupid, had basically understood what he said.
In general, it is a question of who controls the criteria for "value judgments".
In Zhu Quan's words, the value of the items appearing in the case must not be determined according to the judgment of individual people, but must be premised on the value judgment of ordinary people.
The so-called ordinary people are the general consensus in the opinion of the vast majority of Chinese people.
"Got it! Teacher Zhang San! ”
Statements were made.
"For Wang Danluo's duck, although it is worth more than 10,000 yuan, nearly 20,000 yuan, it is impossible for ordinary people to think that this duck is as high as more than 10,000 yuan when they see this duck! Don't even want that aunt who steals ducks! In our eyes, this duck, if Wang Danluo doesn't say it, then I really think it's dozens of dollars! ”
The man then typed these lines on the screen.
Immediately, as if they were lined up, everyone typed on the barrage:
"Teacher Zhang San, I understand!"
"Teacher Zhang San, I understand too!"
"Teacher Zhang San, I also understand!"
...
Not... It's good to get it!