The most reliable strategy of the Turtle County Order at the moment is to send people to negotiate peace with the White Tiger Hall. However, he is faced with a seemingly contradictory choice - if he uses thunder methods, the person who goes carries a weapon, although it will bring psychological shock to the other party, and his intention can succeed, but even if Serious can be rescued safely, it will lead to a dangerous situation; If the person who goes does not carry weapons, it is tantamount to showing weakness to the other party, but it can ensure serious safety.

Just when the Turtle County Order was undecided, Mao Yingnu volunteered to stand up.

In the face of this serious old enemy's invitation, Guixian Ling smiled imperceptibly and sighed in his heart, doesn't the sky leave serious? To make Serious face such a Jedi situation?

The Turtle County Commander knew very well in his heart that once he took the risk of taking his life to negotiate with the White Tiger Hall, he would definitely not take his serious life to heart, and even if he took the opportunity to take a serious life in the chaos of the battle with the White Tiger Hall, it would be nothing to blame. And that was exactly what he wanted.

Mao Yingnu made a look of eagerness to share the worries of the leader, and he couldn't see that he was eager to take the opportunity to get rid of his serious scheming under this face. This is a faceless face that has been in officialdom for a long time, as if he is just a heartfelt heart, it is better to go, and it doesn't matter if he is not allowed to go.

To deal with the cunning old fox, it is still necessary to be a smart hunter. Guixian Ling thought for a moment, and suddenly had a plan, so he ordered another official to come up.

"Your task is to save the serious, and you have the power to act cheaply. However, Mao Yingnu must obey Ma Shengting's command. ”

"Huh! Yes, sir! ”

"If the thief shoots in disorder, you can fight back, but you should try to refrain from shooting first. It is the will of the court to recruit them to serve us. ”

"Huh!"

Ma Shengting and Mao Yingnu replied.

According to the instructions of the Guixian Order, the two ordered dozens of officials, put down the other chores they were dealing with, received knives, forks, bows and arrows, and a limited number of iron guns, and marched towards the White Tiger Hall.

The bandits in the White Tiger Hall are divided into several brigades, and one brigade is divided into several squads. After all, bandits are reckless and violent people, and they usually draw their swords against each other if they disagree, so the captain and squad leader of the White Tiger Hall strictly restrain them. This Guan Hu is not an ordinary person. He has read private schools, knows a little bit of literature and ink, often teaches his subordinates with courtesy, righteousness and shame, and does not commit any crimes against ordinary people, and does not use taking people's lives as a means to commit crimes when he goes down the mountain to commit crimes. Therefore, under his control, the entire White Tiger Hall showed a disciplined and orderly appearance.

The reason why Guan Hu went to the mountain to become a bandit was because of poverty on the one hand, and on the other hand, it was also because of his disappointment with the corruption and injustice of court officials. He had briefly been paid in the Qing army, but in a system in which the caste was solidified and those who were shaded by their ancestors could be openly and legally promoted like rockets and protected by officials, his beautiful dream of going up turned into powder. He is very powerful, learns new weapons and operates very quickly, and has a very good reputation and popularity among his colleagues and colleagues. Still, he was blocked by cronyism and corruption in the bureaucracy.

It is not enough to resent the impoverishment of civilians as a result of official corruption. It is necessary to rise to the level of understanding of national weapons and systems.

Because, if the poverty of the people is blamed on official corruption, then if the people's living standards improve, but corruption is still rampant, is it okay?

Corruption is not only an important cause of uneven distribution, but it is also an act that seriously undermines the "integrity" of officials' behavior. From the perspective of "utilitarianism", we should rise to the understanding of the essence of corrupt behavior, that is, corrupt behavior itself is shameless and violates the "purity" of society.

From a human point of view, it hurts people's feelings; From a religious point of view, it hurts God's feelings.

Among Guan Hu's several captains, some withdrew from the army with him and followed him. Among them, one of his most trusted henchmen is called Lu Jiazheng. This person, like him, has the same ambition to serve the country and the people and cannot carry it out, and has indescribable disappointment and disdain for all kinds of things in the imperial court.

The hypocritical upper class or the immoral and violent bottom character, which one is more damned and which one should disappear more? No one has the right to judge.

However, among the upper and lower characters, there are people with good character and integrity.

The conclusion is that none of those who think that meritocracy is more appropriate, and those who believe that dynasties should be overthrown and replaced from time to time, seem to be wrong, but they seem to be wrong.

The key is to have a consistent system of rewarding the good and punishing the evil. A system in which officials are well-founded and everyone has equal qualifications and opportunities to enter the elite class.

Lou's marksmanship is extremely accurate. If in modern times, he is a proper and excellent sniper. This is another reason why he was able to serve as a captain.

Lu was very clear about how serious was detained, and how the white tiger hall exploited them and what kind of unsightly filthy business they operated in Aihui City.

He knew better how Cheng Cheng had saved the large number of malaria people in Aihui City (including his relatives), how he had rehabilitated the unjust case, and how he had not regarded them as the scum of society, a group of people who deserved to die.

Who is the impreneur?

His fate was sealed. He thought he could take advantage of this opportunity to take a serious life in the chaos. Unexpectedly, this time was the end of his fate.

If his immortality was exchanged for his repentance, would he?

Maybe, but no. For all his evil deeds have habitual habits. A speeding vehicle cannot be stopped without sufficient kinetic energy and considerable reaction force.

Ma Shengting and Mao Yingnu and his party came to the foot of the mountain where the White Tiger Hall was located. There have already been spies reported to the White Tiger Hall. When they arrived, a group of bandits were already waiting on the narrow road leading to the top of the mountain, armed with weapons.

Although Ma Shengting was appointed as the commander of this operation, in terms of rhetoric, Mao Yingnu was superior.

The bandits followed Guan Hu's instructions and shouted for them to put down their weapons first.

Mao Yingnu was still a few dozen steps away from them, a distance that both sides thought were relatively safe.

The pretending British slave told them to hand over their seriousness first, and then they put down their weapons.

"We have to make sure that Mr. Serious is safe and sound, otherwise, we will not lay down our arms."

One of the bandits immediately walked to the top of the mountain to report to Guan Hu. After a while, the messenger returned to the foot of the hill and replied:

"As our big boss said, we didn't touch a single hair of Mr. Serious. You put down your weapons first, and then we will hand over Mr. Serious to you. ”

Mao Yingnu and Ma Shengting whispered for a while.

"We want to see your boss."

Mao Yingnu showed a hideous appearance, he had lost patience and couldn't hold back:

"If we don't see Mr. Serious today, we won't withdraw our troops."

"If you don't show up again, we will start attacking the mountain, and we will set foot in the White Tiger Hall."

The messenger ran to the mountain again and passed his words to Guan Hu.

After a while, Guan Hu walked down the mountain with seriousness. Serious was not bound by any ropes, and the two of them stood dozens of steps away from Mao Yingnu with relaxed expressions.

Guan Hu said without anger and arrogance:

"Call your Turtle County Order. Send us the weapons you gave us. Otherwise, what you say will not be counted. ”

Mao Yingnu shouted:

"Our lord is what you say you can see? Have you weighed your own weight? How dare a gang of bandits bargain with our lord? ”

Guan Hu expected that Mao Yingnu would make a disrespectful speech, and he was not surprised.

"Make it clear to your lord that we are delusional in recruiting An! Lao Tzu has so many guns, and he can easily step on your Aihui County Ya! ”

Mao Yingnu saw that the "time" had come, and his seriousness was within his firepower, and the cruel words that Guan Hu said were just an excellent reason to do it himself.

Although the number is small, there is still a fatal threat if the marksmanship is better at a distance of dozens of paces.

Mao Yingnu shouted loudly to the officials behind him: "Hit me!" ”

The iron guns and bows and arrows of the officials immediately fired at each other, but due to the lack of guidance and effective training of these officials, the accuracy of the officials was very poor, and the iron guns and bows and arrows were missed for a while.

Zheng and Guan Hu immediately ran towards the woods behind them to avoid the Yamen's shots.

At the moment when the two sides were exchanging firepower, they only heard a strange gunshot that was different from the other gunshots, "Bang! I saw Mao Yingnu shouting and falling to the ground.

The bullet hit Yingnu's forehead, and immediately there was a gurgling pool of blood on the ground. The people around him probed his snort, and he was already out of breath.

As soon as the officials behind him saw that the leading officials were dead, they left a few corpses, carried a few injured people, and withdrew from the White Tiger Hall in a panic.

Don't believe what they say "loyal to the court", loyal to so-and-so. No one is a fool. They are all accustomed to living in a two-skinned space between the teachings of false emptiness and the real life. Between saving their lives and being loyal to the court, they would definitely choose the former.

Needless to say, this extremely accurate head is Lu Jiazheng's masterpiece.

It turned out that before Guan Hu went down the mountain, he had already arranged a hidden shooting position where Lu Jia was hiding in the woods. Once fired, take out the Maoyingnu first.

Section 2 The Story of Seriousness and Contract Law

As soon as Mao Yingnu died, the person who wanted to put the seriousness to death did not exist, and the seriousness was soon "released".

The negotiations for Zhao'an, whether held in the White Tiger Hall or in the county yamen, were not appropriate. In order to show the sincerity of the negotiations, the two sides agreed that the Guixian Ling and Guan Hu would attend the meeting alone at a position about the middle point between the Yamen and the White Tiger Hall. No retinue, no weapons.

Both sides know each other well, which cannot but be attributed to the reputation and character of the White Tiger Hall and the Guixian Order in the people. In other words, if it is a county order that eats and takes cards, forcibly occupies people's land, and does things unfairly, or if it is replaced by a big boss of the White Tiger Hall who burns, kills, loots, and does all kinds of evil, it cannot be said that either party has any trust in the other.

Sometimes, the role of the individual in the course of history seems to be underestimated. In the peasant uprisings of the feudal dynasties, although the peasants abandoned their families and businesses to follow the people who started the uprising, if there was anyone who was under more mental pressure and who was more entangled in strategizing, it must be the person who started the uprising. Behind the so-called "raise your arms and call out, and the responders gather", there is a more powerful cranial nerve, which bears the consequences of the defeat of the government and even the extermination of the clan on them. The reason why "Qi Family Army", "Yue Family Army", and "Cao Army" are named after themselves is because others joined your army in the name of your might and reputation.

And the masses have no real and concrete plans. They are like a plate of loose sand. It is the task of the mastermind to gather the hearts of the people all over the world. Even if we add up the masses and call them "the people", we only refer to the abstract concept of "the crowd", the will of the mastermind is their will, and the line of the mastermind is their line. No individual can change the will of a group that reflects the abstract concept of "people".

It is somewhat too much to let the abstract "people" bear the praise of "the driving force to make history". Let's do a math problem: the will of the leader is equivalent to the will of the abstract "people"; "The people" are the driving force behind history; Then the leader is equated with "the driving force to make history". To put it simply, it is emphasized that certain individuals who conform to the trend of history are the "heroes" who change history.

Because there was no one else around, Guixian Ling and Guan Hu spoke openly and honestly. Especially since they knew that Mao Yingnu was an evil force that endangered one side, and now that he and he had been eradicated, there would be no disturbance of their eyeliner around them, and the Zhao'an of the White Tiger Hall would not be rampant. In addition to the Guixian Order, the edict of the higher-level government was revealed, so Guan Hu did not have to be afraid of wolves and tigers, and he had no worries at all. The meeting between the two sides went very smoothly, and they promised to instruct their subordinates to handle the handover and other details after they returned.

The harassment of Jiangdong by the Russian army is as usual in the past. Seeing this group of young Russians who lacked food and equipment, driven by their officers, rummaged through boxes and cabinets looking for food and valuable things, there was some compassion in Serious's heart. However, they are not the same as Mao Yingnu. They are not a race. Maybe if they kill the Chinese, they won't have such a strong sense of compassion in their hearts. And the Russian law, which is far away in the sky, will not bring them to justice, at most it may be to lift it up and put it down gently, and punish them a little bit.

Of course, they will not indiscriminately treat all Chinese as enemies. Some of the "Yellow Russians" who have submitted to them will be enveloped by favors, and some of them will be graceful and powerful, and they will use the most cruel means to those who dare to resist them.

Seriously returned to the big car shop, and received another wave of contract law cases.

In one case, the owner of a clothing fabric shop promised several of his tailor shop owners who had received supplies from him around the Dragon Boat Festival that he would give them a discount if any of them paid the money owed to him in advance on the day before the Dragon Boat Festival.

Only one of the owners of several tailor shops, Lao Xu, borrowed money from his friend a few days before the Dragon Boat Festival and was going to hand it over to the owner of the fabric shop the day before the Dragon Boat Festival.

As a result, the day before the Dragon Boat Festival, Lao Xu received a large number of customer orders, and if he sent the borrowed money to the fabric store owner, the rest of the money in his hand could not afford the cost of purchasing fabrics. However, he had already handed over the money to a servant two days before the Dragon Boat Festival, and was ready to send it to the fabric store when the time came.

In this way, due to Lao Xu's negligence, he forgot to explain that the servant would no longer give the money to the fabric store, resulting in the servant sending the money to the fabric store the next day.

Lao Xu personally went to the fabric store and asked for the money back.

Now the person who filed the lawsuit is Lao Song, the owner of the fabric shop, who demanded that Lao Xu return the money to him and demand compensation for his losses.

At the end of the Qing Dynasty, the treasury was empty, and the government also opened some gambling businesses, and even ordinary people could bet on the results of the imperial examinations. The "Luzon ticket" is a lottery that originated in the Philippines, and with the occupation of the Philippines by Spain, the Spanish colonists brought the "Luzon ticket" to China.

The Qing government regarded the issuance of lottery tickets as an act of "fundraising", not an act of gambling, and personally issued government lotteries.

All kinds of private enterprises and foreign-funded companies began to follow the example of the Qing government, and for a time all kinds of gambling were all over the place. All walks of life are ready to move, very enthusiastic to invest in the lottery, so that all over the country, you can witness pedestrians on the streets, people in the shops and tea shops are talking about gambling and the results of betting.

Lao Song is a standard betting fan. He bought a government-issued lottery ticket. Not long ago, a fortune teller told him that he would usher in a big transfer around the Dragon Boat Festival, and if he bought a lottery ticket, his luck would be very good, and the money he earned could be enough for him to buy another store or two.

Lao Song is a very superstitious person. He listened to the fortune teller and made the promise to the tailors who owed him money.

The facts are rather strange, the fortune teller really said right, he originally wanted to bet on the right number with the money returned by the tailor shop.

So, in this civil lawsuit, he also filed an unbelievable claim for damages for the money he could have earned by investing in the lottery if he had received the money. There are about 200 silver dollars.

After taking over this case seriously, I really felt that Lao Song's brain hole was "wonderful".

If it is a normal business project, because Lao Xu's payment is not in place, resulting in the extension of the construction period, suspension of work or other losses, this loss can be regarded as an "indirect loss" of available benefits. But should this kind of almost nonsensical loss be regarded as a legitimate "indirect loss"?

Also, was the contract between Lao Song and Lao Xu established?

Although China's laws have accepted "offer", "acceptance" (as stipulated in the Contract Law) and "consideration" (as stipulated in the Civil Code), throughout the history of China's legal development, although the crude trial method of the "Ma Xi Five Trial Law" at this time has been much more advanced and has made great progress, the clockwork of some laws still revolves around "concepts" and "principles". When grafting foreign laws ("legal transplantation"), the grafted laws and Chinese laws are still two layers of skin, and the nutrients of the grafted laws are not fully absorbed by our laws. At least, in many of the details, they are unjustifiably overlooked.

To judge whether the contract between Lao Song and Lao Xu has been established, it is necessary to judge whether the process of offer and acceptance is fully satisfied.

Our contract law puts offe

a

d accepta

CE is called "Offer and Acceptance". But, in fact, the contract is a mutual exchange"p

omise" (commitment). In addition to the situation where a contract is concluded on the spot, we need to look at these two "P's."

omise" is valid for exchange, and whether there is CO

side

atio

(Consideration).

The first to make a promise was Lao Song. He promised that if his request was met, he would give the tailor shop owner a discount.

However, Lao Xu did not make the corresponding "accepta."

ce”。

This involves, in the absence of making a "p" through words

omise", the act of performance can also constitute "p

omise". Moreover, this is a "det."

ime

tally

elia

ce". In other words, the reason for this performance is that he believes in and relies on the promise of the other party, and thus commits the act of borrowing money that will harm his interests.

However, if you want to make up "accepta

CE", he must have already begun to fulfill. In this case, he only borrowed money, but had no real intention of starting to have his servants send the money to Lao Song. Although, his servant has already sent money, however, it is an accepta

CE conveyed the "mistake" in the process, and if Lao Song was later told that Lao Xu made a mistake, then Lao Song knew that it was a "mistake", so this accepta

CE is invalid, and the law should protect Lao Xu's rights. So, the act of fulfillment has not really begun, and therefore, he does not make an "accepta."

ce”。 So, the contract was not concluded either.

Since it is a contract that has not been reached, Lao Song has no right to pursue Lao Xu's "liability for breach of contract" (liability for breach of contract).

So how should the indirect losses pursued by Lao Song be treated?

The parties to the contract exchanged "p

omise", the reason why "p

omise" because there is a certain expectation of a certain benefit. It can also be simply said that the exchange between the two sides is a kind of interest expectation.

However, the law only protects "normal expectations".

This kind of expectation that relies on "luck" to mean "luck" is not the expectation of normal people.

Relying on the fortune teller's "prophecy" is also not the basis for judging the reasonableness of his imminent profit.

On the basis of rejecting the other party's request for compensation, Zheng Zheng filed a "counterclaim" against the other party - because Lao Song borrowed money from a friend in order to fulfill his obligations, resulting in him suffering a certain loss, so this loss is "trust damage" (det).

ime

tal

elia

CE) (the Chinese translation does not accurately convey the meaning of the word), it is possible to claim compensation.

After writing the defense statement of the case, I read another case.

The case also involved a tailor's shop. Lao Zhang, the owner of the tailor shop, received a large order to sew fifty sets of Chinese dresses for the wedding ceremony. For this order, Lao Zhang worked overtime, and spent money to hire a few new apprentices to help sew these fifty sets of dresses. However, in the end, the customer claims that the wedding was canceled for some unexpected reason, so he will not pay.

According to modern contract law theory, this is a situation in which a contract can be terminated – the purpose of the contract is frustrated.

The reason is that while the customer can still accept the fifty dresses, the purpose of the contract – to attend the wedding – no longer exists.

Is this an "impossibility"?

No, it's not the same as booking a room at an inn on both sides of the street where the float parade is taking place to commemorate the Dragon Boat Festival, and the parade is canceled for some reason.

Of course, it is difficult to distinguish between the government's cancellation of the float parade and the decision of the parents of both parties to cancel the wedding, which is more of an "impossibility" factor, one is a government act and the other is an individual act.

However, one thing is certain, the purpose of the contract is frustrated. That is, the continuation of performance no longer "makes sense" for the parties. Dresses can be paid according to the price, but what is the use of receiving these dresses?

The customer grasps on this and denies his non-payment in every possible way.

And the meaning of the yamen also stood on their side.

The tailor shop was not convinced.

After carefully searching for the knowledge of contract law in my mind, I suddenly found that under the theory of "frustration of the purpose of the contract", all continued performance is not exempted.

Because, according to this theory, if the purpose of the contract is indeed frustrated, but it is not "unperformable" (e.g. the act of payment), and the goods accepted from the seller are still "valuable" to the buyer, then the contract should continue to be performed without rescission or termination.

Although these dresses are not useful to customers for the time being, they can still be worn on a regular basis (not as a luxury style that is not designed to be worn on a holiday day or an earthy style that cannot be worn out), and can still be worn if the parents resume their engagement or if someone else has a wedding in the future.

In addition, according to the "offer-promise" theory, the tailor shop has made a "dependent" (

elia

CE), i.e., relying on the other party to pay for the fifty dresses, working overtime and employing several additional apprentices, is still a breach of trust (DET).

ime

tal

elia

ce）。 They should be compensated/compensated for their efforts.

Seriously unwilling to slander these dishonest and untrustworthy people. Moreover, this kind of business grievances and grievances are very common.

We have a congenital defect in our DNA, even though it seems to be the opposite of our intuition – indifference to good, lack of pursuit, insensitivity to evil.

We are born without a strong sense of guilt for evil and are inherently slow to do good.

If we are put in the position, the place, and the time of the wicked, we are very likely to behave in the same way as them.

Selling a microwave oven that can no longer be turned to a scrap collector is a "small evil" in the eyes of the vast majority of people, and for a person we hate, killing him/her thousands of times in our hearts is not an "evil" for many people at all.

We often have this faint urge to do evil in our hearts, and we also have a certain sense of getting carried away about doing evil.

But after this scrap collector goes back, he may be ridiculed by his wife, which will worsen the emotional rift between them, or he will have to go to the hospital after being hit by an electric car on the way back and theorizing with you, and you will know what the consequences of the insignificant "evil" may be.

Most of the time, we do not foresee the results of evil, or we only foresee the abstract results of evil but not the concrete results of evil, and our hearts are not vigilant enough and sensitive enough to this evil.

This is why we need moral law, moral admonition and legal restraint from others.

And if the law does not exist, then the moral law will only be useful to the "gentleman" and useless to the bad guy.

Therefore, we are serious and consistent in upholding the idea that the law is above everything and should be above everything.

For this customer, he believes that he should be punished for his malice.

In contract law, as long as there is malicious intent (such as fraud), the punishment should be increased, requiring the person to compensate for indirect losses (at least part of the indirect losses) and punitive damages.

After taking these two cases seriously, suddenly one day he met Seryov again. The two had a long talk.

Section 3: Trial of the case of "slaughtering white geese"; Serious and Seryosha talked

After seriously handling the two contract law cases, the Guixian Decree intended to let him act as the judicial affairs of Aihui, but according to the rules of the imperial court, although the canonical history was an official who "did not enter the stream", it needed to be selected by the officials and signed by the emperor before he could be appointed. Therefore, the Guixian Order can only temporarily let him act in the name of acting for the history of the canon, and the responsibility of the canonical history. In order to prevent him from getting tired of running between Jiangdong and Aihui City, he found a clean and simple residence in Aihui City, and the rent was paid by the county government. As a result, he seriously transformed into a "public person". He is no longer a lonely brave man, he has a group of like-minded people who can even be driven by him. One note is meaningless, and when the other notes are set off and accented, the note becomes appropriate, beautiful, and rhythmic.

There was a murder case with a gun on the outskirts of Aihui. The result of the Yamen's interrogation was that a man had been seized by a wealthy merchant because his family's land had been invaded, so the rich merchant hid in a cave while he was hunting in Karon Mountain in Aihui County, and tried to commit murder with a single firearm, but because he was a little less accurate, several shots did not hit, but hit a villager who was picking mushrooms next to him. The villagers were innocent and died of their injuries. The evidence was conclusive and the man confessed.

When he took over the case, he did not rashly question the results of the interrogation. If your subordinates are doing their duty, don't make a board on your face. Maybe Seriousness belongs to the type of leadership that is pleasant. However, there are serious principles for seriousness. Distorting the judicial adjudication because of bribery, or failing to fulfill one's duties, and being vain and wrongful in one's own own affairs, are all serious and absolutely intolerable.

But when Serious saw this "suspect" in front of the stage for the first time, he couldn't help but be taken aback. This "suspect" is actually a little boy of twelve or thirteen years old who is quiet, weak, and has a cowardly and evasive eyes, and he does not have the resolute and wish-fulfilling look of the murderer who kills and vents his anger.

Serious knew that his subordinates were not completely telling the truth. This is most likely an unjust case.

In the Qing Dynasty, it was popular for the wealthy and powerful to spend money to find unemployed or poor children to be punished or even killed in their place. This scapegoat-finding is called "slaughtering the white goose". This kind of judicial malpractice is said to have alarmed Emperor Daoguang, but as an emperor, he cannot completely eliminate it. It is said that Emperor Daoguang was almost angry because of the chaos of slaughtering the white goose, and the Empress Dowager Cixi was furious because of a case of slaughtering the white goose in Zhenping County, Henan, and let the scapegoat be acquitted.

In order to expose this trick, Serious decided to go to the little boy's home and the scene of the crime to investigate the case.

The boy's house was made of stone at the bottom and adobe at the top. The characteristic of this type of house is that when it rains heavily, the rain can erode and peel off a large area of the house. It's summer, and although there is a chill in the home, this chill is not a cold that is warm in winter and cool in summer, but a damp and cold chill. When the boy's mother heard that a guest was coming, she came to the door from the bedside where she was caring for her paralyzed husband. I listened to the sound of a middle-aged man coughing and spitting in the room one after another. Seriously and quickly stepped into the door, looking at the bed where the middle-aged man was lying. The bed was extremely old, and the patent leather was almost completely erased to reveal the mottled color of each piece. This may be the bed where the little boy's grandfather or grandpa's grandfather used to lie down.

Next to their bedroom, there are several wooden baffles that separate the bedroom from a pigsty. The pigs were so thin that it was obvious that the owner did not have the energy to take care of them, and the floor of the pigsty was a mixture of water, mud and pig feces. In the main hall of the living room, there is a line of words "Heaven and Earth Monarch Teacher", and the God of Wealth is pasted below.

The woman is hunchbacked, and it can be seen that the fatigue of the years has made her unable to straighten her waist anymore. She hurriedly filled a bowl of boiling water from the kitchen with a bowl of eating, and took out a small handful of tea leaves from the living room somewhere, put it in the bowl, and brought it to Serious. The woman's fingernails are all mud.

Serious did not dislike it, and took this bowl of tea. Just talk to this woman about her child's case.

The woman was tight-lipped and did not say a word about the "slaughter of the white goose" and who gave them the silver taels.

Seriously, make it clear to her about the stakes of the case - if she doesn't tell the truth, then her child will likely be sentenced to death.

However, this woman's eyes showed firmness, as if it was not the fate of her children, but the fate of other people's children.

Several of the serious subordinates all smiled smugly because they received the money from the criminal, and when they saw that this woman was able to keep her mouth shut.

Seriousness must come up with something convincing so that they can't justify themselves and make a breakthrough in the case.

He returned to the Yamen of Aihui to tell the little boy for his benefit, but he was never able to break through his defenses.

However, when Serious was talking to him, he noticed that he was slow to respond when listening to others, so he asked him if his ears were good. The little boy said that his ears were normal, but his eyesight was not very good. People with myopia do not have very good hearing when they do not wear glasses. Probably because normal people need to look at other people's mouth shapes when they listen to people.

After seriously seeing that the persuasion was fruitless, he asked the officials to take him back to prison. He couldn't understand why this kid was so determined to exchange his life for three taels of silver, and so indifferent to his own persuasion. And they followed him to the prison.

Seriously watched him return to his berth. The sleeper is a brick and stone step, and the bed is covered with straw mats, and several people sleep and lie down in a small space.

Seriously found that the little boy put the shoes placed under everyone's bed neatly, and the tips of each pair of shoes were facing the direction of the door, and seeing that the shoes were neatly placed, the little boy went to bed and lay down with confidence.

This is a typical OCD symptom. Seriously, he called a guard over to the prison and asked the boy if he had any other unusual behavior. The servant told him that the little boy had to stand at the door of the cell every day, and that he would feel uncomfortable by clinging to the pillar of the gate and shouting that he would let him out.

According to modern medical theories, obsessive-compulsive disorder is a type of mental illness, and once a person suffers from a mental illness, it is not just one or two symptoms. People with OCD are likely to also have depression, anxiety or claustrophobia.

Serious belief that mental illness is not so much a "psychological" illness as it is a "physiological" illness. Because of the abnormal neuroendocrine function, the secretion of happy hormones is reduced, which causes the patient to be unable to express normal emotions. This is no different from other physiological diseases of limbs and organs. Antidepressants, on the other hand, can stimulate the secretion of hormones, giving people at least the "illusion" of a pleasant mood. So, the only way to treat depression is not to be afraid to go to the doctor (seeing a psychiatrist is actually easier than seeing a cold), and to take medicine! Medicine! Medicine!

Seriousness can conclude that the little boy also suffers from claustrophobia. It is unlikely that he would have been hiding in a narrow cave and would have shot him.

In order to confirm his judgment, Serious went to the cave where the crime occurred.

The narrowness of this cave is comparable to that of a "ray of heaven". First of all, the width of the entrance to the cave and the passage through the cave is about the same. Normal people climb in, and they are really worried that they will not be able to get out. If you hide in the position of the entrance of the cave, it is absolutely impossible to have a comfortable position.

Such a hole is almost impossible for people with claustrophobia to set foot into.

Based on the above evidence, it is seriously concluded that even if the little boy was stabbed, he would not have found this hole to stab. Even if he were to be stabbed, because he was nearsighted, he would find a bush or other location closer to the victim. In addition, judging from the palms and fingers of the little boy, there are no typical gunpowder injuries like those commonly injured by people who play with firearms, and there are not even any calluses. His family is not a hunter, and it is nonsense to say that he used a fire gun to hurt people.

Zheng Zheng did not hesitate, and summoned several officials under his command who were suspected of receiving money from the perpetrators, explained to them several suspicious points of the case that he had determined, and asked them to confess the truth.

The serious approach to dealing with it can be said to be straightforward. There are no twists and turns.

There are many people who respect those who have scheming and scheming, but they despise those who live transparently, do things meticulously, and do not show favoritism. Seriousness is the second type of person. He doesn't care what others think of him.

He does not need to seek "democracy" in such decision-making. Of course, he never believed that democracy was the tyranny of the majority, but he believed that it would be wise to have reservations about "democracy".

Before the advent of Confucianism (Confucius strongly opposed the funeral system), democracy was "martyrdom is reasonable"; Before the fall of the Qing Dynasty, democracy was "the monarch and the ministers, the father and the son are reasonable". If the majority, or even the majority, is ignorant and needs to be indoctrinated, then the consequences of democracy can indeed lead to dire consequences.

Under the pressure of a serious "policy" offensive and evidence, these officials who took advantage of others finally admitted that the case was a "slaughter of a white goose".

The bribes they had received were confiscated and reprimanded. The boy was acquitted and the perpetrator was imprisoned pending trial.

The real situation of the case is like this - the perpetrator's surname is Cao, a wealthy businessman, and the victim is his business rival, because he has suffered a lot of losses in business, he hid in the cave and wanted to commit murder against him, but because of the poor accuracy, he hit another person.

If so, what should this murderer be convicted of?

The crux of the matter is that his actions can in fact be divided into two acts: one is attempted homicide and the other is negligence causing death.

According to Chinese law and judicial practice, this is an "imaginary joint offense". A felony should be chosen (of the two statutory sentences).

According to the laws of other countries, this is a "combination of multiple crimes". However, if one is homicide and the other is trespass on property, two different types of criminal acts, there can be no "merger". In this case, both of the results of this act were caused by the act of attacking others, so it is a "combination of multiple crimes".

In terms of legal theory, there are various theories in China, such as the "theory of one crime in substance", "the theory of several crimes in substance" and the "compromise theory".

The reason why it is necessary to study this issue is that it is an act, and the number of crimes caused should be different from that of one act and one crime, and that of several acts and several crimes, so the sentencing should also be different.

Of course, several crimes caused by one act are more serious than one crime of one act, so it is necessary to "choose one felony to be punished".

Of course, under the criminal law of some countries, this is actually a simple "intentional (i)

te

t) Transfer". That is, the criminal intent of the person concerned is transferred from the original victim to another person. This is because, in the criminal law of these countries, the criminal law pursues "criminal intent" (i).

te

t, criminal intent), rather than the "act" itself or the "constitutive elements of the crime".

In any case, in terms of the results of punishment, the results of punishment led by these theories are roughly comparable. According to the "punishment for one felony", it is combined with "multiple crimes" (JOI

de

of offe

SES), the punishment is more severe than a crime.

After settling down in Aihui City, he often returned to the big car shop to rest, chatted with the bosses and guys he used to be together, and spent half a day of leisure time. Boss Ma had already found someone to replace him in the bookkeeping position, but in order to allow Serious to come back from time to time and have a place to rest, he still kept a single room that was originally given to him.

Seryosha once again brought people to Jiangdong. He came to the big car shop on purpose. This time Seryosha had a long talk with Serious.

Serious took some braised beef, peanuts, and a little old white dry from the northeast from the kitchen, and put them all on a small table in the serious single room.

Seryosha is not your typical alcoholic Russian, but he can drink some liquor. They don't need much food to drink, and eating food will dilute the mellow aroma of the wine. Therefore, according to the Northeast dialect, he drinks alcohol as "ganla (lá)".

Serious pulled two chairs from the lobby, and after the two sat down, Serious first asked a question in English:

"Why are there so many people who believe in evolution? Do you think evolution is reasonable? ”

Seryosha replied:

This is exactly what God has made for everything.

If everything is that nature has 'evolved' the right creatures through trial and error, then how come we haven't seen a large number of fossils of those creatures that have been eliminated at the cost of trial and error?

If the theory of evolution is correct, we can dig underground fossils of cows with eighteen legs, eyes on the buttocks, no teeth, and tails on the chins, fossils of flies that have no eyes and do not go through ultrasound pathfinders like bats, fossils of humans who do not have eyes and ears and live miserably and briefly in the world.

You see, everything is exactly like this.

If evolution is true, then nature has supernatural abilities. By keeping their eyes on top of their mouths, animals can see clearly when they eat, and cows and horses have their hooves that grow forward, so they don't stagger like seals when they run. Teeth are divided into incisors and molars to fulfill the function of cutting food and chewing food.

If there is a deviation, we can't imagine that nature will say, 'No, wait, it seems that there is still a need for digestive organs between the teeth and the excretory organs to ensure that the nutrients are absorbed, and you evolved animals can't, you need to be eliminated.'" Let's evolve for another 100 million years, so that the digestive organs can grow. ’

It's impossible for nature to say, 'Wait, humans and animals don't have eyes and ears, and they're going to bump into each other in the dark, and they can't communicate with each other, so we're going to get rid of you, and I'm going to find a way to make eyes and ears for humans and animals.'" ’

You see, have anthropologists unearthed any human fossils that have no eyes, no ears, no digestive organs?

Everything is exactly like this.

I love what Romans 1:20 says, 'The eternal power and divinity of God have been known since the creation of the heavens and the earth, though they cannot be seen by the eyes, but they are known by what is made, so that there is no excuse.'" We are accustomed to the perfection of all things, but when we look closely at this universe and the living world, we know that they are amazingly beautiful! ”

Seeing that he said very well, Serious nodded his head in approval.

He asks another question:

"If God is real, why doesn't He reveal to mankind so that we may see Him and believe in Him?"

Seryosha seemed to have accurately foreseen that he would ask this question, and he showed a somewhat "proud" look.

"First, God does not deviate from the law of the world he has created.

If he wants to change the laws of the world, such as the law of universal gratitude, such as photosynthesis, then it must be for special reasons and motives. Second, God has not never been revealed to mankind.

Meiste

Eckha

dt (Eckhart) said, 'God is like a man who, when he is hidden, clears his throat and reveals his whereabouts.' ’

God guided the Israelites across the Red Sea with great fanfare, sent down food from heaven for them to eat, struck rocks in the desert and gave them water to drink, and spoke with Abraham and Moses among the Israelites as if they were their friends.

But what is the result? Still, the Israelites rebelled against God. They complained against Moses and against God, and they made a calf out of gold, saying it was God. ”

Seryosha's face showed regret and anger at the disloyalty of this rebellious Israelite.

He went on to say:

"God has revealed Himself by the great variety and variety of things created by his hands—He is all-powerful, rich, loving, and He wants mankind to live happily in His paradise.

If we ask Him to show and perform miracles, we are asking God to reveal Himself to us a second time. We are not qualified to force God to do so.

In case you don't know it yet, God seems to be a self-contained and restrained god.

God caused the Israelites to suffer in Egypt for 430 years, and then brought them out of Egypt and then left them to wander in the wilderness for another 40 years. You see, he's not a god who does things in a down-to-earth way.

Although we say that the moment you pray to God, God has already begun to work. But what makes us wonder is – why is God slow to do things?

The answer may be – God is an all-powerful, eternal God, and time has no meaning to him, and time cannot limit him.

It takes 8 minutes for sunlight to reach Earth. If you look at the problem of sunlight leaving eight minutes before it has already reached the earth after 8 minutes, you can see why God is not limited by time.

In the same way, these 430 years and 40 years are not even 'moments' to God.

Looking at it this way, he finally agreed to our prayers.

God has patience, and what we need is faith.

It's like a person whose parents have given their children the freedom to start a family and go out to go out, so they won't interfere with his choices and limit his path at every turn.

In the same way, a God who enters the history of mankind in a high-profile manner will not please all, like the rebellious Israelites; Nor will it change everyone.

If God appears to you and me now, perhaps your addiction to smoking will still be the same, and so will my habit of drinking. For most people, it's just fear to see God, but they still go their own way.

It's like a cultivated gentleman, he has a high status and a strong aura, but he may just stand quietly by your side without causing any oppression to you. ”

Nodding solemnly:

"What you say makes a lot of sense.

So why doesn't God eliminate suffering in the world? Doesn't he love his people? ”

Seryosha replied:

"This is because of man's sin (si

），si

The original meaning was 'disobedience'. Is it not only natural for the created to obey the one who made him?

God, you ask, because of the once sii of humanity

and condemned all. Is this reasonable?

God has the right to do so. This does not prove that God is cruel and brutal.

For if you see God sending his own Son into the world to be mocked, spit on, and crucified by a wave of Israelite men, elders, and masses, Roman soldiers, who pretend to be faithful to God, you can see how desperately God thinks about his children and how much at all costs, just as desperately as a child who is desperate to save his own erroneous child!

Without sacrificial love, there is no persuasiveness.

A famous writer said, 'Suffering is the only problem worth exploring in this world.' ’

That's right, but you can also come to the opposite conclusion, 'Redemption is the only issue worth exploring in this world.'" ’

Job in the Book of Job was originally a godly man. There are tens of millions of cattle and sheep, and there are herds of children. However, after the disaster, the cattle and sheep died, and the family members died one by one, and he scraped the poisonous sores on his body with tiles.

But why was he able to praise God with a loud voice at the end, saying,

'What I have said is something I do not understand,

These things are too wonderful for me to know.

I used to hear that you were heard,

Now I see you with my own eyes. ’

Is it because he has restored his cattle and sheep and his own family?

No, he knew that he was not even a worm before God, and that God had the right to do whatever he wanted. We can only admit that we "don't understand", "don't know". God has his own transcendent wisdom about all things.

The same is true of his dealings with suffering.

Paul says that our lightest afflictions for the time being may be greater than everlasting glory.

When we believe that there is a supernatural being in this world, we naturally ask whether he is a "good" God.

We can be sure that this God is a loving God. It's like loving and caring for our parents.

Because of this, he will be like his parents who are sometimes disappointed in us, sometimes inspired by us, and sometimes proud of us.

The history of the Israelites, that's it. When the Israelites were afflicted, it was when they rebelled against God. When they repent, God repents that the punishment given to them is too heavy and allows them to be restored again.

The Israelites today are no longer like the Israelites of the Old Testament, they no longer rebel against God. They learned their lesson.

So, God does not sit on heaven and be a mere spectator of our suffering. He will step in. However, this kind of intervention is "restrained", not thunderous.

Most importantly, He sent Christ to endure the suffering of "disobedience" for us.

It's not that God can't experience our pain firsthand, He can. But Christ came into the world in human flesh and seems to be more able to experience the pain, sorrow, sorrow, and despair of being a human being.

Middle-aged unemployed, sick, bereaved by loved ones, burdened with debt, no matter what, he can relate to what we feel.

The former high and majestic God was now a weak, physically and spiritually vulnerable "man."

God changed his strategy. It can also be said that this is a strategy that God had to adopt in anticipation of man when he created him. For he is all-knowing and all-powerful.

Love without sacrifice is not convincing.

Now because Christ died on the cross, we are free.

If human beings want God to appear in order to confirm God's existence, then God appeared to the world through his Son in order to attract the world to love him.

But God does everything without compulsion—as I just said. He wants to inspire and attract people to love him. He didn't want to make people obey him through threats, intimidation, fright, and coercion.

So, God is love.

The manifestation of this love in Christ reached the highest point in human history. ”

Seriousness learned a lot from Seryosha. He also testified to him how he had come to know God intellectually and to believe in God. The two had a good communication.

However, when the serious words turned to the harassment and threats of the Russian army against Jiangdong, Seryosha suddenly fell silent, stood up and sighed deeply.

vs 4 "Yes, but blessed are he who heareth the word of God and obey it."

Seryosha's sudden, eerie silence was like a rumbling loom suddenly stopped, and for a moment he looked back at the seriousness that looked at him with a longing for answer, and sighed deeply:

"If you want to understand Russia, you have to understand the character and character of the Russian nation and its contradictory culture.

The Russian Orthodox Church is foreign and imposed on the Russian people. The original polytheistic religion, the polytheistic religion of mountains, thunder, fire, animals, the sun, forests and even the devil, has taken root in the bones of the Russians. No matter how strong and orthodox the Orthodox Church is, Russians retain a reverence for nature – or superstition, even for the devil and all its demons.

This confused belief can be traced in the reverence of the Russians for power and rulers. They can fear good gods, and they will bribe evil devils so as not to sin against them.

Russians also have an unbelievable superstition about the Christian faith. This has to do with the fact that they have more or less transplanted and mixed the habits and rituals of polytheism into the Christian faith. In order to be willing to be the eagle dog and tool of the ruler, and also to envelop the people, the church created the worship of saints, dried corpses and icons. and considered itself orthodox outside the Holy See.

We know that God is a spirit, and his worshipers should worship him in spirit and in truth. We also know that when Jesus was on earth, the most important activity besides healing the sick was preaching. He wants us to know what our moral standards are and what we should do in order to be a good Christian. He seems to be more interested in healing people's souls for their sorrows and illnesses than for the sick, and for giving them a new way of life and a new moral code.

A child who sees his father as an Aladdin's magic lamp and is unhappy if his father does not grant him material needs will not make his father happy and appreciated. God, too, values most about how we listen to Him and act on it.

Many ordinary people, they may envision the Christian life like this—living a life of glory and wealth in this life, and having greater glory and wealth waiting for him in the next life; Or he may live a life of hardship in this life, and in the next life he will be compensated by glory and wealth. They don't care what kind of God is, what He says to us, what He wants of us. Many Russian fables have a character named "Ivan", and his main characteristics are laziness, cunning, troublemaking, and the desire to get rich for nothing. This is probably partly a reflection of the character of the Russians.

But knowing God is our greatest blessing and the most important thing we should do.

The superstitions of the Orthodox Church, which pandered to the hearts of the people, brought shame to God. ”

Seryosha took a sip of the serious brewed tea, rested for a while, and began to speak again:

"The Orthodox Church is like a government-certified propaganda agency. All they did was to convince the people of their tricks and get them to go into church and donate money.

To this end, they emphasize the need to capture people's souls through beautiful icons, carvings, soul-touching poems and impassioned, loud sermons, so that they can be empowered and dizzy and become slaves to their souls.

But what about Michelangelo per capita and Beethoven per capita? Nor should it take the place of God Himself.

They do so as if they were man's blindfolds and cataracts, obscuring God's own greatness, love, and power for a pile of stones, a string of notes, and a pile of words that they themselves are proud of.

The only thing that draws us to God is God Himself.

I'm not saying that we shouldn't worship God in all sorts, but God prefers that what we do is love the people of the world, heal the sick, have mercy on the poor, and eliminate injustice in society.

And Russia, a nation full of calamities, has experienced the darkest tyranny, the worst famine, the most brutal oppression, and the most unfair social hierarchy in the world.

Personally, I should have been promoted faster than the other officers. But because the other officers' families trusted their relations with the generals, and even with the Tsar's close ministers, they were promoted faster than me.

The personal attachment of Russia can be attributed in part to their failure to understand that before God all souls are equal. And because they have not experienced the baptism of Western Enlightenment ideas at all.

They believe in power, in spirits, and in reverence for everything that is greater than their power. They regard man as a god, and they will do everything to get in touch with the powerful, which is extremely humble and shameful. But they forget what God tells us to do. In Chekov's novel, a small civil servant is frightened to death because he sneezes in the back row and splashes his saliva on a general in the front row. This shows that in the authoritarian Russian society, God does not let people die, but people can make people die.

When you speak of Protestantism, it is not to create a new Christianity, but to restore Christianity to the original state. If I were Martin Luther or Calvin, I would go to the darkest of Russia first. ”

Despite his seriousness, Seryosha continued with a look of astonishment at hearing his shocking remarks:

"I am a Russian, a Russian officer, and I am at a loss for what your compatriots are suffering now. However, I sincerely hope that you will be able to escape such a tragedy. ”

Seriousness understands Seryosha's situation very well. Seryosha had already confessed to him. But the most important problem remains unsolvable.

If serious can get some more advanced guns through a certain way, they can compete with the Russian army on the battlefield.

Seryosha seemed to have spied a serious mind. But he couldn't do anything.

At this time, Seryosha made a move that made Seriousness feel very strange. Seryosha actually asked him if he needed to go out after drinking. It's understandable if he wants to go out and ask where the toilet is, but why should he ask if it's convenient for a serious person?

Out of trust in Seryosha—he seemed to be going to do something, but certainly not to the detriment of seriousness—so he went out and came to the toilet.

When he returned, Seryosha was still sitting in a chair, pointing to the place where the toiletries were placed next to the serious pillow, and put his index finger to his lips and "shhh There is a wooden shelf for a washbasin, and next to it, there are razors, soap, and wooden combs.

Seriousness could see from Seryosha's mysterious face that he did not show bad intentions, and out of trust in him, he immediately judged that it seemed that Seryosha was secretly telling him something.

Serious and Seryosha continued to make small talk, talking about the situation in Russia and the impending revolution, until a Russian soldier outside reminded Seryosha that it was time to leave Jiangdong. Seryosha solemnly shook hands with Solemn and said goodbye, with a hint of sadness in his eyes, because the next time he saw Serious, he didn't know when it was, and he didn't know if they were standing in two opposing armies with guns and guns.

When he returned to Aihuicheng, he received a civil case (complaint) and the defendant's complaint (reply).

The case involved a traveling doctor who had been away all year round, and in the middle of the scorching summer, a person fell to the ground due to heat stroke at the construction site of a landlord's house. The traveling doctor happened to be at the scene, so he used the traditional Chinese medicine tools he carried with him, and with the assistance of a student who was out of school at the construction site, he made the person who suffered from heat stroke lie down and saved him from heat stroke through acupuncture and massage on specific acupuncture points. However, because the heat stroke was caused by cardiovascular and cerebrovascular diseases, and the traveling doctor was sweating profusely, seeing that the heat stroke patient was rescued, he temporarily found a cool place to escape the heat, resulting in the heat stroke patient fainting again due to cardiovascular and cerebrovascular diseases. When the traveling doctor came back again to inquire about the situation, the person suffering from heat stroke in a coma was brought to his clinic in Aihuicheng, and spent a lot of medical expenses.

Now the plaintiffs, the traveling doctor, and the student who helped have filed a lawsuit demanding that the person suffering from heat stroke pay some of the medical expenses.

This case is not a tort or a contract as mentioned above, but a "quasi-contract" (according to domestic civil law theory) or "unjust enrichment". According to China's current Civil Code, the definition of "unjust enrichment" is "without legal basis, causing others to suffer losses and gaining benefits for oneself".

Of course, the seriousness here is also from the perspective of comparative law. Evaluating domestic law from the perspective of a foreign law that is generally in force, and adopting or discarding it, can lead to a better judgment without losing bias.

It's not a personal attack - more than 20 years ago or so in China, a well-known academic celebrity once issued a call for exploring the "local resources" of law. Hearing this, if it were a "local resource", I would probably be startled and say shyly, "We are not even the rule of law version 1.0." Even if you knock us out, you won't be able to unearth anything of real value. Our archaic laws are worthy of a poor, unjust, tyrannical and unequal society. ”

This is not to say that foreign laws are necessarily more advanced than ours. But it is certainly inappropriate to apply the laws of authoritarian and agrarian societies to civil and industrial societies. We will encounter the threat of torts brought about by industrial consumer goods, modern sports, airplanes and ships, and other means of transportation, as well as the hidden dangers of torts brought about by modern medical activities, but they must have been encountered earlier than we do, and they have long been resolved through mature case law and statutory law (many of which are also summarized on the basis of case law).

If we can't resist the trend of entering the modern industrial society, then we can't resist the trend of legal problems of bills, contracts, and torts in the industrial society. We have hundreds of years of debt, and others are still moving forward in this Internet age and artificial intelligence era. They have thought of what you have thought of, and they have thought of what you have not thought of.

From this definition, the existence of "loss" is simply an unnecessary element.

From the name of "unjust enrichment", it can be seen that the original intention of this legal concept was to recover "gain" (not loss). As a result, there is a lawsuit for "restitution" (unjust enrichment) in the West, and quasi-claims under domestic law and civil law (i.e., the gainer is the debtor, and the unjust enrichment that should be returned is the debt). Therefore, whether there is a loss or not is not at all a basic requirement for filing a lawsuit for "restitution". This is different from "damages" in contract litigation.

In addition, for example, if a company that infringes on the copyright or patent of another company's company has a stronger marketing team/application product that implants the patent to make users more favorable, and therefore achieves a higher profit than the company that infringed the intellectual property rights, should the part of the profit that could have been realized be returned according to the theory of "unjust enrichment"? However, note that this is a "profit" and not a "loss" of the infringed company. In short, if they are allowed to sell in a certain market, or to implant patents into their own products, it may not be effective.

Again, in the same case, there is a world of difference in the difficulty of calculating "loss" and "profit" in terms of burden of proof. If you calculate "loss", you need to consider the loss of sales, the loss of market share, the loss of goodwill, and so on. It's hard to do. However, it is convenient if you calculate "profit". It is sufficient to directly calculate how much sales revenue the defendant realized, minus the costs.

Therefore, for the purposes of this definition, it is not necessary to consider the "damage" of the benefit of one party as an element.

Moreover, if an abstract "definition" is to be included in the legal provisions, it will be like a fishing net with a large hole, allowing many "exceptions" to slip through the net. Presumably, some people think that it is better to simply generalize than to start with the details and scrupulously examine the details and exclude all kinds of exceptions like demining.

"There is no legal basis" can also be further discussed.

For example, if A asks B to paint a house for him, and B paints C's house by mistake. There really is no legal basis here, only a de facto "error". But if C has no intention of renovating and can't return the money to A, does the law still force C to do so? Therefore, there is no "unjust enrichment" here. This is also not the case with the "payment in fulfillment of a moral obligation", as provided for in article 985 (1) of the Civil Code.

Returning to the facts of this case, the heat stroke sufferer was in a coma and could not "agree" (promise) to the intention (offer) expressed by the traveling doctor for medical treatment, so there was no contractual relationship here.

In addition, it is not a tort of a well-meaning passer-by doctor who fails to treat or causes injury. (Article 184 of China's Civil Code also has a similar provision: "If the aided person is injured due to the voluntary implementation of emergency rescue, the rescuer shall not bear civil liability.") Therefore, there is no tortious relationship.

That can only be "unjust enrichment". People who suffer from heat stroke should be paid for their actions for healing.

However, one is a doctor who is a traveling doctor for the purpose of getting paid, and the other is a student who has no expectation of getting paid, and the two should be treated differently. The former should be paid, the latter not.

Of course, the medical tour here suspended treatment in the middle of the tour, which is contrary to the purpose of the "voluntary emergency assistance" act. According to certain foreign laws, he should at least wait for a more skilled doctor than him to dispose of it. Here, for example, cardiovascular disease is dealt with in people suffering from heat stroke.

Therefore, because of his partial negligence, the part corresponding to his fault should be deducted from his remuneration.

Seriously explained his position in the indictment. And through a simple trial and mediation, the heat stroke sufferer bears part of the cost.