Chapter 120: The Meaning of Law

These people lined up to express their stance are all former fans of "Zhang San, an expert in law popularization", and they understand.

But the extreme supporters of Wang Danluo who poured in were very dissatisfied with Zhu Quan's statement.

also sent a barrage to shout:

"I beg to differ! Who is this? It's such a big talk! ”

"That's unreasonable! I just want to ask, after stealing something, you don't have to be responsible, what is the reason?! I don't understand! ”

"According to the meaning of this expert, is it not that we are going to steal other things later, and to choose things that I know are of high value, but ordinary people do not know their true value, can we not compensate?"

"Agree with what was said upstairs! The law is the lowest line of morality! If mistakes are made and they go unpunished, how can those who suffer from their mistakes deal with themselves? ”

"Is that what the law says?"

"That's too!"

"That's it, then we simply don't have pets in the future, anyway, it's the fate of being stolen by others, so why bother raising them?"

"Kind people are always hurt, can you be kind to my family Danluo?!"

"There is a loophole in this one, this is obviously a loophole for bad people to exploit!"

"Hehe, the right of interpretation belongs to those people!"

"It's so angry, it's so angry!"

"The most feared are those who know the law and break the law and also take advantage of the loopholes of the law to escape the law!"

"I was taught since I was a child that "if you don't tell you, you steal", so if such a person can't be severely punished by the law, is there still a way in the world? ”

...

These people's remarks are like the law conniving at people to take advantage of such loopholes, which makes Zhu Quan's head look big.

This... Is this the same thing?

Can't you have a little bit of your own ability to think independently?

They are talking on the Internet, "Ya, this is a legal loophole", "Ya, this law is too flawed", "Isn't Ya encouraging crime"...

Among them, there are some college students, and they can actually say such things, which is really speechless!

Zhu Quan also admitted that the enactment of laws lags behind the crime itself, and in many cases, it is only after the incident has occurred that the relevant laws and regulations are first formulated, and then after a period of trial implementation, they become laws after being voted on by the people's congress.

But often by this time, many wicked people have already fled, and only a small number of them can accept the punishment of the law.

And, in many cases, it is necessary to sacrifice the interests of some people, or in other words, to sacrifice the "freedom" of some people.

So, it's not that the law isn't good enough, it's because the law wasn't meant to be for everyone, but to protect the interests of the majority.

What is the majority?

It's not the rich people who are on top, it's not the privileged officials, it's you, me, ordinary people like us.

It's like the loophole that these people say in their mouths, and it is also how many times countless law professors, judges, lawyers, etc. have studied it at the legal conference before bringing it up!

Didn't they know that there would be such a loophole?

However, because of such loopholes, do you try to punish those who do not know the value of the object, most of them?

That's a little too cruel.

If the court really adjudicates in accordance with these unreasonable demands put forward by these people, then it is really a dereliction of duty, and it will be directly arbitrary.

The most important thing is that it will directly subvert the most basic basic principle of subjective and objective unity in the Criminal Law.

The law is fair, just and open.

But after all, it is formulated by people, so there will also be a "warm" side.

For example, someone who commits theft needs to be sentenced to three to seven years in prison.

If he admits his mistake and compensates the victim, the judge will give him the greatest leniency in the sentencing scale and sentence him to three years;

However, if he admits his mistake but does not have the money to pay compensation, the judge will weigh the interests of the client and the victim and sentence him to four or five years.

If he admits his mistake and refuses to pay compensation, the judge will confiscate the same amount of property and impose a maximum sentence of seven years.

This is the different punishment given according to the different confessions of guilt of the parties.

In the eyes of the legal profession, sentencing is not an end, but a kind of persuasion, a means of persuasion that makes people know, understand, and repent of what they have done wrong.

Therefore, as long as the offender knows that he has done something wrong, and actively deals with the aftermath and strives to make up for his mistakes, in the eyes of the judge, he has already succeeded more than half of the success.

So what reason is there to impose the highest penalty on the other side?

This is also why, except for some specific crimes that are fixed punishments, the rest will be divided into a sentencing range when sentencing, so that judges can grasp it, rather than one size fits all.

This is also quite easy to understand, just like one who knows that he has made a mistake and cries and repents, and the other who knows that he has made a mistake and does not admit it, which of these two people is more sympathetic?

It has to be the former!

The purpose of the existence of the law is to persuade people to do good, not to punish, and the provisions of the law that have only punishment without moral assistance are useless, and the stricter they are, the more useless they are.

Confucius once said that if strict political rules and laws are used to restrain the behavior of the people, although they can make the people obey on the surface, there will be no shame in their hearts from now on.

Once there is a temptation of greater profits, those lawbreakers will take risks, and they will not hesitate to take big risks.

This is also the reason why although Zhu Yuanzhang was high-pressure and anti-corruption, the wind of greed for ink still continued to be banned.

...

Zhu Quan saw the audience's barrage, thought a lot, collected his thoughts, put his thoughts back on this "duck stealing" incident, coughed twice, and said:

"Students, students, be quiet!

Notice what I just said.

I'm just saying that aunt, she doesn't constitute a criminal offense, but that doesn't mean that she doesn't bear any responsibility!

That aunt stole something, so she must need compensation! It's just that her behavior did not reach the level of criminal law. ”

"Then some classmates are about to ask, so don't we have a way to rectify people like my aunt?"

Zhu Quan

"Of course not! We have many methods, for example, according to the Civil Procedure Law, we can ask the other party to pay money, and we can make her insolvent by losing money! ”

"However, some students are about to speak again, and they feel that if they don't take criminal measures against this aunt, it will not be enough to calm the anger of the people..."

Zhu Quan said a lot of words freely, which made most of Wang Danluo's extreme fans in the live broadcast room sober up and think about the deep meaning of what Zhu Quan said.