Chapter 173: Law and Human Feelings
"What I am discussing with you today is a topic that is often mentioned and studied, but it is always difficult to grasp the exact balance in the actual implementation process, that is, 'law and human feelings!'"
The deep and peaceful voice, through the transmission and amplification of the microphone and power amplifier, clearly entered the ears of everyone present.
The law students present immediately pricked up their ears, they wanted to hear what the young police chief, whom he regarded as his idol, had a unique opinion on this topic.
"It's a saying we often hear, 'The law is nothing more than human feelings.'" But we often hear that 'the law does not tolerate mercy'! ”
"I believe everyone understands that the law is nothing more than human feelings, which means that the formulation and implementation of laws cannot be separated from the common moral sentiments of mankind."
"And the latter sentence 'the law is not merciful' refers to the fact that there must be a law to follow, and personal emotions are not allowed in front of the law!"
From this, we can't help but wonder, what kind of relationship is between law and human feelings? This question is actually not difficult to answer, and the official correct answer is, the relationship of dialectical unity! ”
Law professors and students can't help but smile, it's kind of funny!
This is a bit interesting, not only refers to the other party's humorous way of speaking, but more importantly, the connoisseur knows whether there is one as soon as he stretches out his hand, so he rushes to Director Zhou's appearance, this opening, this taste is right!
After all, everyone knows that Director Zhou is not a law major, so he should not be too demanding.
"In more detail, the two are a balanced relationship of mutual unity and interdependence."
"So the question is, from the perspective of legal people and law enforcers, how can we achieve or master this balance between reason and legal principle in the specific implementation process?"
"There is a sentence in the Southern Song Dynasty's "Minggongshu Judgment Qingming Collection" that can answer this question - 'Law and meaning, human feelings, and reality are the same. Favoritism and illegal intentions are not allowed; It is not okay to abide by the law and be affectionate. Weigh between the two, so that the upper does not violate the will of the law, and the lower does not disobey the human feelings, then it is common and there is no disadvantage. ’”
"Then the problem is ...... again"
Hearing this sentence 'the problem is here again', the audience couldn't help but let out a chuckle full of goodwill.
This seems to be Director Zhou's mantra?
"The so-called easier said than done, although we know that 'not violating the will of the law, not being in favor of people' is the best result, but this does not mean that we can do it in every case!"
"Sometimes, the difficulty of choosing between legal and reasonable is comparable to a classic question - 'Who should I save if my mother and girlfriend fall into the river at the same time?' ”
There was another chuckle from the audience.
Zhou Yi also smiled, looked at the crowd on the east side and said, "The students who don't laugh should all be from the law department, because they understand that this is actually a law problem." From a legal point of view, there is a legal obligation between a mother and a son to help each other, but there is no such legal obligation between boyfriend and girlfriend, so the mother should be saved! But when you are actually faced with such a situation, do you not hesitate to make a choice? ”
Gu Mingde, a well-known law professor, nodded slightly, and he could be sure that this 'Zhou Bureau' had something.
And law students can also be sure that Director Zhou is not a little interesting, but very interesting!
"I have been a police officer for four years, and I have read many cases, and I have also had personal experience, for example, a man could not bear the humiliating behaviors of three scoundrels insulting his sister, slapping, and pressing into the toilet, and finally stabbed one person to death with a fruit knife, seriously injured one person, and slightly injured three people."
"I can honestly say to everyone that even from the perspective of a law enforcer, I still have deep sympathy for this man, and even put myself in his shoes, if it were me, I would probably be more fierce and decisive than him."
"But the law is ruthless, the sentence of life imprisonment was pronounced in the first instance, and the procuratorate later protested, believing that the application of law was wrong and the sentence was too heavy, and finally the sentence was changed to five years in prison after the second instance."
"Another example, a female student was molested by a man on a bus, so she hurriedly shouted to stop the driver to open the door and get off the bus, only to be hit by an oncoming car and die on the spot!"
"We intuitively believe that the man who molested the schoolgirl was the culprit who caused the death of the schoolgirl and should be severely punished by the law, but unfortunately, this man did not constitute a crime. This is because de facto causation and legal causation are two completely different concepts. Our resentment against the man does not change the fact that the law cannot punish him! ”
"Because of this, feelings can never replace the law; Law is always greater than affection. ”
"We have been looking for a balance between ruthless laws and sentient thinking, striving for a kind of fairness and justice in which 'good is rewarded with good and evil is rewarded with evil'. But in the end, you will find that the 'absolute' 'balance' will never exist, because 'there is a double dharma in the world'! ”
Hearing this, Gu Mingde and several other professors showed a thoughtful look on their faces, and these words were not just words, but had a certain depth. It can be seen from this that although Director Zhou is not a law major, he has a wealth of legal knowledge and literacy!
"Then the problem is ...... again"
There was a slight laugh from the audience for the third time.
The state of the young female teachers and female students is called a preoccupied and distracted person!
What attracts them is just a deep and very pleasant voice, is it just a tall and pleasing figure, just because Director Zhou is a handsome person!
Yes!
"Since we can't achieve absolute balance, does it mean that we can lie flat on the spot, be passive and slack, and live a life like a salted fish?"
"The answer, of course, is no, the meaning of the existence of legal people and the sacred duty entrusted to law enforcers determine that we must do our best to achieve the balance of 'law and emotion' in the sense of 'relativity' and 'universality', and to achieve the goal that lawyers and law enforcers pursue all their lives - fairness and justice!"
……
As Zhou Yi's explanation ended, there were bursts of warm applause in the auditorium.
That's great!
Today is not in vain.
This was the sentiment of most of the students present. Compared with the original middle-aged uncle commentator, of course, the young and handsome Director Zhou is more popular.
And for some college students, there is also a sense of satisfaction in being able to meet idols.
This was followed by a Q&A session.
A sophomore male student held the microphone and asked a little excitedly: "Zhou Bureau, I am your idol, no, you are my idol, I know that you are from the Chinese department, so I want to ask you, what is the reason why you have such rich legal knowledge?" ”
Zhou Yi smiled slightly, glanced at the audience on the left, that is, the staff of the provincial TV station, and then replied in a very serious tone: "If you have a girlfriend who studies law, the key is to be a beautiful fairy, Lan Xinhui, virtuous and virtuous girlfriend, believe me, you can do it too!" ”
There was silence for two seconds, and then there was a burst of joyful laughter.