Chapter 26: Broken Window (3)

Outside the window, Xiao Huilan's voice overshadowed everyone, even though it was separated by a space distance of more than 40 meters and thick windows, it could still clearly reach Qin Huaiyuan's ears.

Looking at Chen Molei again, he is still like a stone in a pit, smelly and hard.

Qin Huaiyuan's tone became serious: "Murray, I know that the work of the Executive Board is not easy to do, and I have to deal with Lao Lai almost every day, and I have to be angry with Lao Lai every day. So, when you encounter a situation like Xiao Huilan today, you have this kind of idea of standing by and watching, and I can understand it!

But you should also know that no matter how hateful they are, it does not mean that their legal rights are not protected by the law. For example, in the case of Xiao Huilan, although the villa no longer belongs to her, and although it is illegal for her family to continue to occupy the villa, this does not mean that their personal rights can be infringed.

If you put yourself in your shoes, if it were you, if the window of your house was broken in the middle of the night, wouldn't you be scared at all? Think about it again, if someone in Xiao Huilan's family is scared out, how should we explain to the society? What will the public think of us? ”

"I don't think there's anything wrong with that." Chen Molei was still very unimpressed: "I admit that it's not very authentic for me to stand by and watch, and even a bit of a hooligan, but isn't this all forced by that Xiao Huilan?" If she doesn't fall along, if her family takes the initiative to vacate the villa, I will make such a decision. ”

Qin Huaiyuan was not in a hurry to refute Chen Molei: "Okay, then let me ask you from a different angle, if you were the executor, would you break the window of the executor in the middle of the night?" ”

"Of course I won't!" Chen Molei said without thinking: "How can I do this kind of shady behavior? ”

Qin Huaiyuan then asked, "Then why can't you do it?" Is it just because it is not a shameful act? If this reason alone, I'm afraid you won't even be able to convince yourself. ”

Seeing that Chen Molei didn't speak, Qin Huaiyuan continued: "You and I both study law, and if you analyze it carefully, you will know that this kind of behavior of breaking windows in the middle of the night is actually illegal. Although legally speaking, it is now the person subject to enforcement who occupies the house of the person applying for enforcement, the act of breaking the window in the middle of the night may not only cause personal harm to the person subject to enforcement, but also may cause mental harm to the person subject to enforcement, and may even cause mental trance.

Knowing that such an act may infringe upon the personal rights and interests of the person subject to enforcement, but still carrying it out, and there is no reason for emergency avoidance or legitimate defense, is not this kind of practice of countering evil with evil a tort in law? Can we sit idly by in the process of handling the case? ”

Chen Molei sighed and said helplessly: "What you said is right, but the problem is that I didn't instigate this, I am at most a bystander." Besides, even if I go to tell the applicant for execution that this kind of thing can't be done, otherwise it will be illegal, and people may not admit it. ”

Qin Huaiyuan didn't take Chen Molei seriously, and continued: "Don't be in a hurry to emphasize the reasons and difficulties first. Let me ask you again, compared with those criminals who kill people and set fires, make drugs and sell drugs, are they hateful, or are those criminals hateful? ”

"Do you need to ask? The latter, of course. Chen Molei replied without thinking.

Qin Huaiyuan nodded: "Okay, we might as well lift the weight to show the light, since the personal rights of the most vicious criminals will be protected by the law, shouldn't the personal rights of Lao Lai be protected by the law?" Murray, don't forget, Lao Lai is also a citizen of China, regardless of Lao Lai's identity, their legal rights are equal to other citizens, and they must be equally protected by the law! ”

He paused for a moment, then said, "Let's go back to Xiao Huilan's case." Listening to what I've said so much, do you still stick to your original idea? Do you plan to continue to sit on the sidelines? And there is another point I want to remind you, living with Xiao Huilan, as well as her underage children, even if adults are at fault, children are always innocent, do you plan to stand by to innocent children? Are you going to watch the city gate catch fire and affect the fish in the pond like this? ”

Chen Molei had nothing to say.

What Qin Huaiyuan said is indeed reasonable, he said so much, in the final analysis, it is actually just one sentence - the law protects the legitimate rights of both good people and violators. This is a basic legal principle, and it is also the basic common sense of legal people.

Of course, Chen Molei knew this, but he hated Lao Lai too much, and sometimes when he encountered difficult cases, in order to achieve the ultimate substantive justice, he was too lazy to take care of Lao Lai's general rights and interests.

Then, Qin Huaiyuan asked again: "Mo Lei, tell me the truth, are you still lucky this time?" Do you think there will be nothing wrong with your inaction? ”

Qin Huaiyuan's question once again touched Chen Molei's heart. That's right, Chen Molei made this decision to sit idly by and watch because of luck.

These years of experience and experience have taught him that Lao Lai's psychological endurance and willpower are higher than others, and naturally he will not be easily scared out of any mental trance and other diseases.

It is precisely because of this that he dared to experiment with Xiao Huilan's case.

If this method is effective and can force Xiao Huilan to move out of the villa, then the other old men will think that this kind of broken window in the middle of the night may also happen to them. If they are afraid of this kind of thing, many cases of vacating houses may be solved. In that case, not only will the enforcement pressure be greatly reduced, but the judicial auction price of the property will also roughly return to the market price.

When that time comes, there will naturally be no more rumors of the court's black-box operation.

With such a large sum of money in one fell swoop, Chen Molei is naturally happy to sit back and enjoy the success. But today, after listening to Qin Huaiyuan's words, he came to his senses and found that he had unconsciously gone against the spirit of the law.

Thinking of this, Chen Molei's head lowered even lower.

I only heard Qin Huaiyuan continue: "I believe that before you make the decision to sit idly by, you must have considered the rights and interests protected by the law. But don't forget, no matter how bad and shameless a person is, his legal rights are the object of legal protection, not the weight of your interests to weigh and choose on the scale. This is a basic requirement for judges, and it is also a norm that judges should adhere to at all times.

Now that you look back and think about it, when you made this decision, were you worthy of your status as a judge, and were you worthy of the legal emblem on your chest? ”

When Chen Molei listened to the teachings, he also asked himself in his heart: Yes, I don't know when he became so utilitarian, the young man who had sworn to be loyal to the Constitution and laws and abided by the judicial norms had gradually drifted away in the passage of time, isn't this a kind of degradation, isn't it a kind of sadness?

"Merray, actually, I've wanted to talk to you for a long time." Qin Huaiyuan's tone was filled with emotion at this time: "We have been working for more than 20 years, and we have seen so many cold, ugly, despicable, dark, and shameless ...... Have we changed with it? Are you blinded by filth? Is it because of prejudice or emotion that the balance in your hand has become tilted? In order to pursue substantive justice, they no longer care about procedural flaws and errors, and even allow procedural violations to occur. ”

As he spoke, he couldn't help but sigh again: "Sometimes, I think back to our college days. At that time, we once said to ourselves that after taking up the legal post, we will treat every party fairly, protect the legitimate rights and interests of each party impartially, and will not let their legitimate rights and interests be treated differently because of the good and evil of people's hearts.

When we made this promise in our hearts, we used to feel proud and proud that we had obtained the true meaning of the law, and we also felt how honorable it would be to be a judge because of this true meaning.

Later, we all became judges as we wished, and on the day we put on the robes, we also swore that we would become qualified judges and that we would administer justice fairly, kindly and impartially.

But now, are we still the same old selves? Do you still remember the original heart? ”

At this moment, the knot in Chen Molei's heart was completely unraveled, and he said very sincerely: "Senior, I was wrong, I know what to do." ”

After a lot of words, it was not in vain, Qin Huaiyuan nodded with satisfaction: "You can change your mistakes, don't forget your original intention, this is a qualified party member and cadre, this is the Chen Molei I know!" Alright, since you've listened to me, it's time for me to go back to my own business. With that, he got up and left.

At the gate of the court, Xiao Huilan's arrogance is still unabated. Seeing Chen Molei coming, she walked forward quickly, but as soon as she scolded twice, she was stopped by Chen Molei.

Chen Molei tried to control his emotions and said, "Xiao Huilan, you go back first, and in a week, I will give you an explanation." If I can't give you an account then, come back to me. But there is one thing, I told you first, don't make any more trouble, otherwise, you will bear legal responsibility!"

Hearing the word "trouble", Xiao Huilan immediately reluctant: "Who made trouble?" I'm reasoning! Isn't the court still going to let you reason......"

"Xiao Huilan, is it interesting for you to chew words with me here?" Chen Molei immediately interrupted Xiao Huilan: "Don't you just want us to catch the person who broke the window in the middle of the night?" You want results, is it necessary to care about such inconsequential words? ”

Xiao Huilan couldn't help but be stunned by these words, she didn't expect that Chen Molei was like a different person today, and his words were so loud and convincing. She slowed down and said, "Good! Then I will believe you this time, and I will go back and wait for your explanation. With that, he walked away with the sign.

Shangguan Yun knew Chen Molei and guessed that he was serious this time, and probably guessed what he wanted to do, but she really couldn't figure it out in her heart, so she couldn't help asking: "Chen Ju, what do you think?" You don't really want to help her, do you? ”

Chen Molei did not say it directly, but said meaningfully: "Everyone has a hooligan living in their hearts, but we must be quality hooligans." ”