The 12th of the Beipi Pick-up Series
The first case seems to be a fair judgment, but in fact it is an act of extortion in the name of the law, and the court should not only rule that the defendant, Mr. Zhang, is not liable, but also that the plaintiff should be liable for compensation to the defendant.
Because due to the plaintiff's behavior, the defendant suffered great harm and infringed on the defendant's legitimate rights and interests.
On the economic side, the defendant, Mr. Zhang's belongings, were stolen, his property was infringed, and his response to the lawsuit required financial resources and great energy.
In terms of spirit, the defendant, Mr. Zhang, was considered to be responsible for Aunt Li's drowning, and beared tremendous psychological pressure.
Therefore, the plaintiff should be liable to the defendant.
In the second case, in fact, what people pay attention to is not whether Peng Yu collided with Xu Shoulan, but the judge's sentence, which is extremely lethal to morality and makes people feel chilling, it was not you who hit it, why should you help?This sentence not only harmed the rights of the defendant, but also infringed on the moral brilliance of human nature, and greatly reduced the atmosphere of social morality. The social norm of doing what is right and helping others is gradually decreasing.
There is no letter of understanding either.
From a macro point of view, these two cases have a common legal loophole, that is, in law, we have always stipulated that whoever asserts shall provide evidence, that is, whether it is Aunt Li's family in the first case who claims to let Mr. Zhang compensate, or in the second case, Xu Shulan claims that Peng Yu collided with her and demands Peng Yu to compensate, these plaintiffs need to come up with corresponding evidence, and without evidence, it is impossible for the plaintiff to win the lawsuit.
Through these cases, we should think about how to punish these scum of society who extort and extort, and if they are not punished, then everyone will inevitably follow suit, because the above scum behaviors of extortion in the name of the law have zero cost and basically will not pay any price. If the extortion is successful, it will get a high amount of compensation, and if it fails, there will be no harm, which will make our social atmosphere extremely bad, and will make similar social scum emerge in an endless stream, and the current legal punishment is not enough to punish these people. Think about it, if the law vigorously punished these acts and publicized them, would there be many fewer similar incidents?
For each of our students, I hope that after we finish this class, we will not only think about the two cases themselves, but also about the most important issue that we should think about through this class, that is, to think about the completeness of our system construction and moral construction from the standpoint of the state.
As Xu Yeqi, a student from Group 7, said, the law is constantly being revised and supplemented. As the future of the motherland, the construction of the rule of law in China is the grand goal of comprehensively governing the country according to law, and the construction of a socialist rule of law system with Chinese characteristics requires a complete system of legal norms, an efficient system for the implementation of the rule of law, a strict system of rule of law supervision, and a perfect system of intra-party laws and regulations. We must not only learn Xi our thinking on the rule of law, but also require us to seriously think about and analyze the country's rule of law and social issues, and contribute our own strength to the country's moral construction and rule of law construction.
Written by: Chang Qing, judge of electrical class 23-6.
Reporter: Wang Jiayi, reporter of electrical class 23-5.